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1957-12-06 SP 371 Special Meeting December 6, 1957 Pre.s ent:. - ,H. Russell Harris Supervisor Meredith Bentley Justice of the Peace Harold C. Akins Justice of the Peace Curtis Lampscn Councilman Raymond-Walkup (Absent) Councilman The board convened at 7:30 p..m. Resolution No. 103 introduced by Justice Akins, seconded by Councilman Lampson: WHEREAS numerous complaints have been received by this Board with reference to the operation of junk yards in the vicinity of dwellings, buildings and wooded areas in the Town of Queensbury, including , but not limited to the methods of operation and, WHEREAS this Board has been requested to pass an ordinance to reg- ulate the operation of such yards for the purpose 6f protection and pre- servation of the property of the Town and all its inhabitants and of peace and good order therein, Now, therefore, be it resolved that pursuant to Section 130 of the Town Law of the State of New York, a public hearing on a proposed Tcnin- Ordinance as follows: ° Ordinance Relating to Operation of Junk Yards in the Town of Queensbury, Warren County, New York. BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Section 1. It is hereby determined that the: operation of junk yards in the vicinity of dwellings, buildings and wooded areas in the _ Town of Queensbury, including but not limited to the burring of uphol- stery, tires., wiring and other inflammable parts of automobiles and C paper and other waste material, constitutes a public nuisance, a con- stant fire menace, and a hazard to the public health, safety and wel- fare of the residents of the Town of Queensbury. Section 2. For the purpose of this Ordinance a junk yard is the operatio performed and carried on, wholly or in part, outside of a fully inclosed building or structure , for the purchase , storage, conversion, dismantling, processing and resale of any and all parts of all types of used machinery, automobiles , appliances and metals , rags, paper, fabrics, rubber and any of their combinations, Section 3X No junk yard hereafter established shall be operated within one hundred feet of the boundary line of any public highway, avenue:, street or place in the Town of Queensbury. Section 4. No junk yard hereafter established shall be operated within three hundred feet of a dwelling, school or church or other building. Section 5. Every junk yard hereafter established shall have the entire area of lands, used in any manner in connection with such junk yard , enclosed within a tight board or sheet metal fence not less i than eight feet in height. ' When sheet metal is used, in the construction of such fence, it shall be painted. 1 i No advertising matter of any kind shall be attached to or painted on such fence. Section 6. The burning of rubbish and waste materials by open i 3?2 fires in such junk yard is prohibited. All rubbish and waste materials where disposed of by burning shall be. burned in properly constructed incinerators having a stack,, chimney or flue at least fifteen feet in height, or at the town dump:. Section 7, The Town Board may, by resolution adopted by an affir- mative vote of the members of the Town Board entitled to vote , grant a license and permit for the operation and conducting of junk yard business in the Town of Queensbury$, provided the. applicant for such permit and license shall present to and file with the Town Clerk with the applica- tion a survey map of the premises proposed to be used for such business $, that the premises proposed to be used for such business are at least -- three hundred feet from any building or wooded area, and shall satisfy the Town Board that the operation and conduct of such junk yard business will not constitute a fire hazard or a menace to the public health, safe- ty and welfare of persons residing in or owning property in the vicinity of the premises for which the application for such permit or license is nought. Section 8. The annual fee for such permit or license shall be $10.0.0 which shall be paid to the Supervisor before the granting of such license or permit and annually thereafter until the holder of such per- mit or license shall surrender the same to the Supervisor for cancel - lation. Section 9.� The operation or conducting of a junk yard business within the Town of, Queensbury without a permit or license by the Town Board as provided by this ordinance shall constitute a misdemeanor and any person convicted of a violation of this ordinance shall be subject to a fine not exceeding $100.00 or to imprisonment in the county jail for a term not exceeding -six months or by both such fine and imprisonment. Upon failure of any person so convicted and. fined to pay any such fine , (such person) shall be imprisoned in the county jail until such fine is paid, not to exceed one day for each dollar of the fine imposed un - less sooner paid. Section 10. If any court of competent jurisdiction shall deter- mine that some portion or provisions are invalid,, such judgment shall not affect the remaining portion or provisions of this ordinance. Section 11. `This ordinance shall take effect immediately. be held on the 21st day of December 1957 at 7:30 plm. at the Town Clerk' s office, Ridge Road in the Town of Queensbury, New York, and that notice- II of the time- and place of such hearing, ±= describing in general terms j the proposed ordinance be published once on or before the 10th day of December, 1957,, in the-. Glens Falls Times ,, a newspape=r circulating in said Town of Queensbury. Duly adopted by the following vote: E Ayes - Mr. Bentley, Mr. Lampson, Mr. Akins and Mr. Harris Noes - none Resolution No. 104 introduced by Justice Akins , seconded by Councilman Lampson: REVIiJ1TtJE ANTICIPATION RENEWAL NOTE RESOLUTION. OF.DECEMBER 6 , 1957 IN THE AMOUNT OF $1500.00 BE IT RESOLVED„ this 6th day of December, 1957, by the Town Board of the Town of Queensbury, Warren County, New York, as follows i Section 1. That, pursuant to the Local Finance Law of the State of New York, the Town of Queensbury shall renew the revenue anticipation note in the amount of $2,,500.00 which was issued and -sold pursuant to a I t 373 resolution. entitled "Revenue Anticipation Note Resolution of January 269 1957,, of the Town--of Queensbury, ,Warren County, New York, .in the Amount of $2,500.Q0" adopted by the Tgwn Board, of said Town of Queens- bury on the 26th day of January 1967*,which note became, due by Its terms on December 1,, 1957, to the extent that the specific: revenues against which said note-was issued to wit: collection of water rents in the North Glens Falls Water District Extension., remain unpaid and uncol -- le cted. Section 2, It is hereby determined that the amount of the specific revenues against which said revenue anticipation note was issued, to wit: the collection of water rents in the North Glens Falls Water - District Extension, which now remain unpaid and uncollected is the sum of $1500.00. Section 3. That, except as herein specifiedl.hy prescribed, said note shall be of the date, terms, form, contents and place of payment and at a rate of interest not exceeding two and one:-half per cent per annum, as may be determined by, the, Supervisor, provided, however, that said renewal rate hereby authorized shall mature on or before Decem- ber 1,, 1958,, and shall_ not be further renewed, and that all of-the terms , form and contents of said. renewal note shall bey consistent with the provisions of the Local Finance Law of the State of New York, and shall be executed in the name -of the Town of Queensbury by the Supervisor and the seal of the town shall, be attached thereto.. Section 4. That said note shall be sold at private sale by the Supervisor at a price of not less than par value and accrued interest, if any, and upon due execution and sale of said note, the same shall be delivered to the purchaser upon the payment by him to the Super- visor of the purchase price in cash, and the receipt of said Super- visor shall be a full acquittance to such purchaser who shall not be obliged ;to see to the application of the purchase money. Section 5. The ,full faith and credit of the Town of Queensbury, Warren County, New York, are pledged to the punctual payment of grin- cipal of and interest on said note. Section 6. This resolution shall take effect immediately. The foregoing resolution was duly put to a vote which resulted as follows Ayes - Mr. Bentley, Mr. Lampson, Mr. Akins and Mr. Harris. Noes - none Resolution No. 105 introduced by Mr. Bentley who moved its adoption, seconded by Mr. Akins. WHERELS, the Town Board. of the Town of Queensbury, Warren County, has authorized the issuance and sale of a revenue anticipation renewal note in the amount of $150Q.00 to mature not later than the lst day of Dee-ember, 1958, to provide funds for the payment of expenses of operation of the North Glens Falls Water District Extension prior to collection of water rents.. RESOLVED that the Supervisor be and. he hereby is authorized and directed to invest $1500.00 of the funds in the capital Reserve Fund of the. Town of Queensbury by purchasing said revenue anticipation re- newal note. The foregoing resolution was duly put to vote which resulted as follows.:: H. Russell Harris Supervisor Aye Harold C. Akins Justice of the Peace Aye Meredith Bentley Justice of the Peace Aye Raymond Walkup: Councilman Abs. Curtis Lampson Councilman Aye 374 374 Re-solution No. 106 introduced by Mr. Lampson, seconded by Mr. Akins. CAPITAL NOTE RESOLUTION OF DECE1%3ER 1957.,�TQZIN--QF,Q_L7,"'NSBURY, WAR—RF.-N . COUNTY9 NEW: ORKj_,,IN. TjiE 4M0UNT,_QF_ $3 BE IT RESOLVED this 6th day of December, 19571 by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Section 1. For the purpose of providing funds to pay the cost of capital improvement in the North Glens Falls Water District, con sisting of extension of water main and service in Glendale Drive, capital notes in the amount of $3j500.00 to be of the terms, form and contents hereinafter specified, .shall be issued by the Town of Queens- Mod bury pursuant to the provisions of the Local Finance Law of the State of New York. Section 2A The maximum cost. of such capital Improvement in the North Glens Falls Water District, for which said capital notes shall is estimated to be $4,,000.00 and the plan for financing - be issued, es in the. such cost consists of the issuance and sale of the said not amount of $39500,000 with the balance of such cost to be paid from current budget appropriations. Section 3. It is hereby determined that the purpose for which such notes are to be issued, to wit: capital improvement in the North Glens- Falls Water District falls within sub-paragraph I of sub-division a of Section 11 ,00 of said Local Finance Law, and that the period of probable usefulness is 40 years. Section 4. The proposed maturity of the capital notes hereby authorized will not be in excess of 5 years. Section 5. The said notes shall be dated December 61 1957, and shall each be designated and known as Capital Note of 1957 for the Town of Queensbury, Warren County, New York. The said notes shall bear interest at a rate of two and one-half per cent (2jf.) per annum payable December 6, 1958 and 19590 and the principal and interest thereof shall be payable in lawful money of the United States of Amdrica, at the Office of the Town Clerk of the Town of Queensbury, one of said notes to be in the amount of $1.750.O0 and designated as Number 1 shall mature and be payable one year after date with interest from date, and the second of said notes to be in the amount of $1,750.00 and designated as Number 2. shall mature and be payable two years af- ter date 'with interest from date payable annually. Section 6 _ , Except as herein expressly provided, the said notes shall be of the terms , form and contents as the Supervisor shall de- termine and execute , consistent, however, with the provisions of the Local Finance Law. Section 7 Each of said notes shall be executed in the name of the Town of Queensbury by the Supervisor and the corporate seal of the. Town and attested by the Town Clerk, Section 8,. The said notes shall be sold at private sale by the Supervisor at a price of not less than par value and accrued interest,. if any, and the .proceeds of sale shall be applied solely for the pur- pose aforesaid. Section 9. Upon due execution and sale of said notes , the same shall be delivered to the purchaser upon the payment byhim of the purchase price in cash to the Supervisor and the receipt of such Sup- ervisor shall be a full acquittance to such purchaser who shall not be obliged to see to the application of the purchase money.. Section 10. The full faith and credit of the Town of Queensbury, Warren Countyl New York, are hereby pledged to the punctual payment of 375 the principal of and interest on said notes. An to pay the principal- of and. interest on such apitalnnotesfshalltbe included in the annual budget and levied as a the_ fiscal part of the taxes for year in which the same matures in the North Glens Falls Water District. Section 11. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes - Mr. Bentley, Mr. Lampson,, Mr. Akins and Mr.. Harris Noes ­ none Resolution No. 107 introduced by Mr. Akins who moved its adoption, seconded by Mr. Lampson. WHEREAS, the Town Board of the Town of Queensbury, Warren County, has authorized the issuance and sale of capital notes in the. amount of $3,500.00 to provide funds for the payment of expenses of extension of • water mains on Glendale Avenue , in the North Glens Falls Water Dist- rict. RESOLVED that the Supervisor be and he hereby is authorized and directed to invest $3,500.00 of the funds in the Capital Reserve Fund of the Town of Queensbury by purchasing said capital notes. The foregoing resolution was duly put to vote which resulted as follows: H. Russell Harris Supervisor Aye Harold C. Akins Justice of the Peace Aye Meredith Bentley Justice of the Peace Aye Raymond Walkup Councilman Absent Curtis Lampson Councilman Aye Resolution declared adopted. On motion the meeting adjourned. Town Clerk Public Hearing December 21, 1957 -Present - H. Russell. Harris (Absent) Supervisor Meredith Bentley Justice of the Peace Harold C. Akins Justice of the Peace Curtis Lampson Councilman Raymond-Walkup Councilman i The board convened at 7:30 p.m. Resolution No. 107 It was moved by Mr.. Lampson and seconded by Mr.. Walkup that, in the absence of the Supervisor, Justice Bentley be appointed chairman of the meeting. Duly adopted by the following vote: Ayes -- Mr.. Walkup, Mr. Bentley, Mr. Lampson and Mr. Akins. Noes - none - Proof of publication of notice of Public Hearing at the- time and place was filed. A number_ of persons were present and expressed themselves either for or against the proposed Ordinance Relating to Operation of Junk Yards in the Town of Queensbury. Those present were: i i