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1959-03-07 1 Public Hearing March 7, 1959 Present. LeRoy J. Gordon. Supervisor Meredith Bentley Justice of the Peace Harrold Akins Justice of the Peace Curtis Lampson. Councilman Stanley- B. Miller Councilman The Board convened at 7:30 p.m. John Slack, President, and Andrew McCormick of the Queensbury Taxpayers' Association were present. Also present were Kenneth Palmer, Fire Coordinator,, Leslie Hillis' Deputy Fire Coordinator anq James -Smith, Civil Defense-Director. A discussion was had with Mr. Palmer, Mr. Hillis , *alad Mr. Smith in gelation to the acquisition `of. a two -way radio for the Bay-Ridge Volun- teer Fire Company. Mr. Smith explained the manner in which the finances Por the purchase of such radio were handled and stated that the Town share would: be reimbursed by the Fire Company. A discussion was had as to the legality of the transaction and the matter was referred to the County Attofiney with the understanding that the Supervisor was to discuss the matter with him. Mr. Smith discussed further the gcquisition of war surplus materials. The Board generally discussed the settlement of the action entitled Alphonse. Rainone and Albert Ra,inone _ d/b/a 'Fan & Bill"s against. The Town of Queensbury Resolution No. 42 introduced, by Justice Bentley, seconded by Councilman a.mos ors. RESOLVED that the Supervisor be and Is hereby authorized to draw a check in- the amount of $750 in full settlement of an action entitled Alphonse Rainon.e and Albert Riinone d/b/a Fan & Bill Is against The Town of ,Queensbury Duly adopted by the following vote.. Ayes - Mr. Miller, Mr. Bentley, Mr. Lampson, Mr. Akins , and Mr. Gordon Noes - none - The Board proceeded to hold a PUBLIC HEARING upon the dumping ordinance. Proof of posting of the notice of the hearing was received and filed. Proof of publication of the notice of hearing was received and filed . The members` of the Board generally d iscussec the matter._ Mr. Slack, president of the Queensbury Taxpayers' Association, spoke briefly in favor of the ordinance. Several aspects of the ordinance were discussed amogg Mr. Slack, Mr. Smith" and the members of the Town Board. The propos-ed ordI__na-nce T!Tas read fard no orae opposed the adoption thereof. The hearing ;eras thereupon declared closed.. Resolution No. 43 introduced by Justice Akins , seconded by Justice Bentley. ` Ordinance to Regulate Dumps and Garbage Di sposa.l` in. the Town' of Queensbury 124 Be It Resolved and Ord.,air.qd by the Town Boarc' of the Town of �aeensbury, 7ilyarre.r. County, York, as follows : Section 1. Declaration 01 -)011cy. It is hereby determined by the Town Board that the operati or of dumps and facilities for the disposal of garbage and rubbish unless under proper control are likely to constitute a hazard and menace to 'the health, a2d safety of the residents of the Town of Queensbury and it is the intent of this ordinance to prohibit the operation of dumps and facilities for the disposal of garbage and rubbish in the Town of Queensbury except with the express consent of the Tow? `Board given under .such conditions as will reasonably ,protect the public health and safety. Section 2. Definitions. The term "person"; as used in this ordinance shall include an i-y,*d ivi dual., fixm,- partnership,, corpora- tiOnS, munici.-alities or municipal corporations or association of persons , and the singular number shall inclUde the plural number. The term "dump" as used In this ordinance means a place used for the disposal and leaving of paper, rubbish, and waste material of any nature by the public or by any person as hereinbefore defined, The term "facilities for the disposal of g;arbkqe and rubbish"- as used in this ordinance means an incinerator or any place TiThere,waste food material, cans , bottles and containers for food, dead animals or parts thereof, vegetable matter of any kind, or any other matter which sp.all be inflammable or capable of fer- mentation or decay, ircludinr, sewn-e waste, may be placed or left for disposal by the public or any persons other than the owner of the property on which the same is located. Section 3. ,Restrictions. The operation or maintenaxice of a dump or facility for the disposal of garbage and rubbish,, as the same are herein defined, is hereby prohibited in the Town of Queens" bury unless the Town Board shall by resolution duly adopted expressly approve the same. Any person who shall desire and intend to establish,] operate and maintaim. a 'dum.p or facility for the disposal of garbage and rubbish in the TOW111 of Queensbury may make application in writing to the: Town Board for a permit to establish, operate or maintain such dump or facility for the disposal of -garbage and rubbish. Such appli.- cation shall contain the name and address of the applicant, the status of the applicant if other than an individual, a description of the parcel of land on which it is to be located, a map of the partic- ular area proposed to be used for such ,urpodes-0 , 4 detailed statement of the manner of disposal proposed to be used , and any other pertinent information which may be required by the Town Board. Upon receiving such application the Town Board shell: hold a public hearing upon such application at which all persons having an interest in the subject • matter of the application may be heard. Notice of such public hearing shall be given by publishing the same once in the official newspaper of the Town of Queensbury and by posting the same on the bulletin board at the office of the Town Clerk, both at least ten days prior to the date of such public hearing. After such public hearing, the Town Board shall make a determination by resolution as to whether it is in the public interest to grant such application, and if a determination to grant, such application is made, the resolution shall coxtain such terms and. conditions as the Town Board shall determine to be reasonably necessary to protect the public health and 8afety. S-ection 4-. Exception, Nothing herein contained shall be deemed to prohibit any person from disposin 4w of rubbish, waste material and garbage on property,upox which such rubbish, waste material, and garbage is produced . Section 5. Penalties. Any person violating any of the pro - visions of this ordinance shall be guilty of a misdemeanor and upon 1 convictiox thereof be punishable by a fine not exceeding Fifty Dollars for each offense or by imprisonment in the county jail for not more than sixty days , or by both such fine or imprisonment, and upon failure to pay any such fine imposed, to be imprisoned in the County Jail until such fine is paid, not to exceed one.day for each dollar of the fine imposed. The Town Board may by resolution revoke any permit granted by it by reasom of a wilful violation of any of the terms or conditions contained in the resolution granting such permit. The Town Board shall also Lave the power to ,bring a civil actiox. to restrain any violation of thi s ' ordina:nce or the violation of any of the terms or conditions contained in any resolution adopted by the Town Board to graiat.a permit as herein provided. Section 6, Effective date. This ordinance shall take effect immediately, Duly adopted by the following vote : Ayes Mr. Miller, Mr. Bentley, Mr. Lampsox, Mr. Akins , . and Mr. Gordon -Noes - none Resolution No. 44 .introduced by Justice Bentley, seconded by Justice Akins : RESOLVED that the Town Clerk be and is hereby authorized and directed to cause to be published and posted the dumping ordinance hereiiabefors adopted .in the manner described by' law. Duly adopted by the following vote: ' Ayes Mr.. Miller, Mr. Bentley, Mr. Lampsox, Mr. Akins, and Mr: Gordon Foes - none Mr. B_extley requested that Highland Avenue, running from Dix Avenue to the Boulevard, be placed in the- County Road System. He stated that that section of the road was heavily traveled by heavy trucks aAd by a large number of other vehicles. i Resolution No. 45 introduced by Justice Bentley, seconded by Justice Akins : RESOLVED that the Supervisor be and is hereby authorized and directed to request that the road commencing at Dix Avenue and running to the Boulevard in the Town of Queen.sbury kxowx_as Highland Avenue be in.c orpgrated in the County Road System. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Lampson, Mr. Akins , and Mr. Gordon Noes - none On motion the meeting adjourned . Frances - Towm'Clerk Special Meeting March 14, 1959 Present: LeRoy J. Gordon Supervisor Meredith Bentley Justice of the Peace I..._ Harold Akins Justice of the Peace Curtis Lampson Councilman Stanle3� B. Miller Couxcilmax ' The Board convened at 7:30 p.mw Resolution No. 46 introduced by