1983-04-26 140
AUTHORIZED TO EXECUTE THE AFORESAID TRANSPORTATION AGREEMENTS AND
ADDENDUM TO TRANSPORTATION AGREEMENT AND TO ISSUE THE APPROPRITE
CHECKS FOR THE TOWN OF QUEENSBURY ' S INITIAL CAPITAL EXPENSE AND
INITIAL OPERATION AND MAINTENANCE GENERAL EXPENSE PAYMENT , AND TO
FURTHER EXECUTE ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE TERMS
AND PROVISIONS OF THE TRANSPORTATION AGREEMENT AND THE ADDENDUM THERETO.
DULY ADOPTED BY THE FOLLOWING VOTE :
i
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
i
ABSENT : NONE j
TOWN BOARD MEETING APRIL 26 , 1983
MEMBERS PRESENT
MR. DANIEL OLSON-DEPUTY SUPERVISOR
DR. CHARLES EISENHART-COUNCILMAN
MR. DANIEL MORRELL-COUNCILMAN
MRS. BETTY MONAHAN-COUNCILMAN
MR. WILSON MATHIAS-TOWN COUNSEL
ABSENT MRS. FRANCES WALTER-SUPERVISOR
PLEDGE OF ALLEGIANCE LED BY DEPUTY SUPERVISOR DANIEL OLSON
MEETING OPENED 7 : 36P. M.
PRESS : WBZA, G. F. POST STAR
i
TOWN OFFICIALS : MR. PAUL NAYUOR , MR. RALPH VANDUSEN , MR. FLACK DEAN
GUESTS : MR. FISCHER , MR. STEWART , MR. TURNBULL , MR. WHALEN , MR. LAMORA
PUBLIC HEARING-AMEND ORDINANCE NUMBER 34 ' ' ORDINANCE REGULATING SPEED OF
MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY , WARNER BAY ,
ASSEMBLY POINT AND HARRIS BAY' ' AMEND AS FOLLOWS : SECTION 1 ( B )
( 1 ) UNNAMED-'CM Ve UPON WHICH FISCHERS MARINiA IS SITUATED. BOUNDED NORTHERLY
BY THE LANDS NOW OR FORMERLY OF BRUCE AND RUTH SMITH DESIGNATED AS SECTION
152 BLOCK 1 LOT 8 ON THE WARREN COUNTY TAX MAP , BOUNDED ON THE SOUTH BY A
POINT OF LAND NOW OR FORMERLY OWNED BY DAVID VROOMAN AND DESIGNATED AS
SECTION 18 BLOCK 1 LOT 15 ON THE WARREN COUNTY TAX MAP OF 'THE TOWN OF
QUEENSBURY , BOUNDED ON THE EAST BY LANDS BORDERING ALONG THE SHORES OF
LAKE GEORGE , AND BOUNDED ON THE WEST BY A LINE APPROXIMATELY 900 FEET
RUNNING FROM THE LANDS OF VROOMAN AS AFORESAID TO THE LANDS OF SMITH AS
AFORESAID. NOTICE SHOWN-PUBLIC HEARING OPENED 7 : 36 P . M.
DEPUTY SUPERVISOR OLSON- ASKED FOR PUBLIC COMMENTS . . .
MR. FISCHER- OWNER AND OPERATOR OF FISCHERS MARINA , I HAVE BEEN TRYING
FOR FIVE YEARS TO GET FIVEAMILE BUOY. . SPOKE ON THE INCIDENTS`: OF _
ACCIDENTS CAUSED BY HIGH RATES OF SPEEDS (IN THE COVE AREA. . . DAMAGING
DOCKS AND BOATS. . . I AM IN FAVOR OF THIS AMENDMENT . . .
COUNCILMAN EISENHART- NOTED THAT THIS ORDINANCE HAS BEEN AMENDED BEFORE . . .
DEPUTY SUPERVISOR OLSON- ASKED FOR FURTHER INPUT , HEARING NONE THE PUBLIC
HEARING WAS CLOSED. . . 7 : 41: P. M.
PUBLIC HEARING-TO REPEAL ORDINANCES NO . 16 ' ' AN ORDINANCE TO REGULATE
AND LICENSE HAWKING , PEDDLING AND VENDING OF GOODS ' ' No. 35 ' ' AN ORDINANCE
TO REGULATE TRANSIENT OR ITINERANT MERCHANTS IN THE TOWN OF QUEENSBURY' '
NOTICE SHOWN 7 : 41 P. M.
141
DEPUTY SUPERVISOR OLSON-ASKED FOR PUBLIC INPUT
COUNCILMAN MORRELL- NOTED THAT THIS WAS A LEGAL FORMALITY
DEPUTY SUPERVISOR OLSON- ASKED FOR FURTHER INPUT , HEARING NONE THE PUBLIC
HEARING WAS CLOSED. .. 7 :42 P . M.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO . 87 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
i ADOPTION , SECONDED BY MR. DANIEL OLSON :
' RESOLVED, THAT THE TOWN BOARD MINUTES OF APRIL 12 , 1983 BE AND HEREBY
ARE APPROVED.
DULY ADOPTED BY THE FOLLOWING VOTE :
A&ES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN ,
NOES : NONE
ABSENT : MRS.: WALTER
RESOLUTION TO APPROVE BINGO LICENSE
RESOLUTION NO . 88 , INTRODUCED BY MR. DANIEL MORRELL WHO MOED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
RESOLVED , THAT BINGO LICENSE NO. 17030 BE AND HEREBY IS APPROVED
ALLOWING WEST GLENS FALLS FIRE CO. TO HOLD BINGO OCCASIONS FROM
1
MAY 7 , 1983 THROUGH JULY 30 , 1983 , AND BE IT FURTHER
RESOLVED, THAT THIS LICENSE INCLUDES ONE SUNDAY BINGO OCCASION .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : I.M.R. OLSON . MR. MORRELL , MRS. MONAHAN
NOES : !DiRi;r EISENHART
ABSENT : MRS . WALTER
TOWN COUNSEL MATHIAS-WHAT IS HAPPENING ; IS_� THERE IS CURRENTLY TWO LAWS,
TWO LOCAL ORDINANCES IN THE TOWN OF QUEENSBURY ONE THAT CONTROLS HAWKERS
AND PEDDLERS AND ANOTHER ONE THAT CONTROLS ITINERANT MERCHANTS . THE TOWN
AT THE LAST TOWN BOARD MEETING ENACTED A LOCAL LAW WHICH WOULD TAKE CARE
OF ALL THOSE CLASSES OF TEMPORARY SALESMEN IN THE TOWN OF QUEENSBURY
IN A WAY THAT THEY FELT WAS A LITTLE MORE ENFORCEABLEjMORE EASILY UNDERSTOOD
BY PEOPLE-WHAT WE ARE DOING NOW IS JUST GETTING THE OLD LAWS OFF THE BOOKS
AND IMPLEMENTING THE NEW.
ORDINANCE TO REPEAL ORDINANCES NUMBER 16 AND J5 OF THE TOWN OF QUEENSBURY
RESOLUTION NO . 89 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
WHEREAS , THE TOWN BOARD OF THE TOWN OF QUEENSBURY HELD A PUBLIC HEARING
I ON THE REPEAL OF ORDINANCES N0. 16 ' 'AN ORDINANCE TO REGULATE AND
LICENSE HARKING , PEDDLING AND VENDING OF GOODS ' ' AND ORDINANCE NO. 35
' 'AN ORDINANCE TO REGULATE TRANSIENT OR ITINERANT MERCHANTS IN THE TOWN OF
I C?UEENSBURY " ON APRIL 26 , 1983 AT 7 :30 P. M. AT THE QUEENSBURY TOWN OFFICE
i BUILDING , BAY & HAVILAND RDS . , GLENS FALLS , NEW YORK AND
WHEREAS , AT SAID PUBLIC HEARING ALL INTERESTED PARTIES WERE REQUESTED TO
SPEAK EITHER FOR OR AGAINST THE REPEAL OF THE EXISTING ORDINANCES , NOW ,
THEREFORE BE IT
RESOLVED , THAT THE TOWN BOARD HEREBY APPROVES OF ORDINANCE NO. 54 OF THE
TOWN OF nUEENSBURY ENTITLED ' 'THE REPEAL OF ORDINANCES N0 . 16 AND 35 OF
THE TOWN OF QUEENSBURY ' ' AND BE IT FURTHER
RESOLVED , THAT THESE TWO ORDINANCES WILL BE REPLACED BY A TOWN OF QUEENSBURY
LOCAL LAW.
142
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN
NOES : NONE
ABSENT : MRS. WALTER
j RESOLUTION TO AMEND ORDINANCE NO. 34
RESOLUTION NO . 90 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
RESOLUTION FORTHCOMING FROM TOWN COUNSEL
EL TO BE FOUND ON PAGE 1 0
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN
NOES . NONE
ABSENT : MRS. WALTER
( LTR. ON FILE )
THE LAKE GEORGE ASSOCIATION
APRIL 26 , 1983
FRANCES WALTER, SUPERVISOR
TOWN OF QUEENSBURY
BAY & HAVILAND ROADS
GLENS FALLS , NEW YORK 12801
DEAR MRS. WALTER :
THE LAKE GEORGE ASSOCIATION WISHES TO GO ON RECORD IN SUPPORT
OF THE PROPOSAL TO AMEND QUEENSBURY ORDINANCE NO. 34 FOR REASONS OF
SAFETY AND ENVIRONMENTAL PRESERVATION .
IN RECENT YEARS , THE SMALL BAYS AND COVES LOCATED IN THE PARTS
OF LAKE GEORGE THAT LIE IN THE TOWN OF QUEENSBURY HAVE BEEN EXPERIENCING
INCREASINGLY HEAVY TRAFFIC FROM MOTOR BOATS AND OTHER MECHANICALLY
PROPELLED VESSELS. THIS SITUATION HAS RESULTED IN THE CREATION OF A
POTENTIALLY DANGEROUS CONDITION . THAT THIS CONDITION HAS BEEN SUCCESSFULLY
LESSENED IN BAYS WHERE THE 5 MILE PER HOUR SPEED LIMIT IS ALREADY IMPOSED
IS REASON ENOUGH TO ,SUPPORT A SIMILAR REGULATION FOR THE UNNAMED COVE NEAR
FISHER' S MARINA.
STILL, THE ASSOCIATION HAS YET ANOTHER IMPORTANT REASON FOR URGING
SUPPORT OF ORDINANCE NO. 34 RESEARCH SCIENTISTS HAVE RECENTLY NOTED THAT
HEAVY MOTOR BOAT TRAFFIC IN THE AREAS COVERED BY THIS ORDINANCE MAY BE
CAUSING RESUSPENSION OF BOTTOM SEDIMENTS , MAKING NUTRIENTS AVAILABLE IN
THE WATER COLUMN AND INCREASING THE PROBABILITY OF ALGAE BLOOMS . THE
ASSOCIATION BELIEVES A REDUCED SPEED LIMIT IN THE SHALLOW BAYS AND COVES
MIGHT HELP TO DETER FURTHER DETERIORATION OF THE WATER QUALITY IN THE
AREAS THAT ARE ALREADY ENDANGERED.
ON BEHALF OF A SAFE AND A CLEAN LAKE GEORGE WE URGE PROMULGATION
OF THE PROPOSED AMENDMENT TO ORDINANCE N0 . 34 AND ITS PROMPT IMPLEMENTATION.
I
SINCERELY ,
%S%
E. NORBERT ZAHM
PRESIDENT
i
DISCUSSION HELD ON AMENDMENT TO ORDINANCE NO . 34 A COPY OF THE
AMENDMENT WILL BE SENT TO ENCON FOR THEIR APPROVAL BEFORE THE ORDINANCE
WILL TAKE EFFECT. . .
MR. FISCHER- VOICED HIS CONCERN OVER DRUNKED DRIVING ON THE LAKE. . .
DEPUTY SUPERVISOR OLSON- WE CAN PASS THIS ON TO THE SHERIFF'S DEPT. WHICH
PATROLS LAKE GEORGE. . .
DISCUSSION HELD ON THE PROPOSED LOCAL LAW ON TRANSIENT MERCHANTS. . .TOWN
i
COUNSEL NOTED HE WOULD HAVE THE PROPER PAPER WORK FOR MR. CHASE TOMORROW
FOR FILING. . .
143
RESOLUTION TO APPROVE LOCAL LAW FOR THE REGULATION OF TRANSIENT
MERCHANTS IN THE TOW N'0= QUEENSBURY
RESOLUTION NO . 91 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL !
RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 154
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN
i
NOES : NONE
ABSENT : MRS . WALTER
MOBILE HOME APPLICATION- DONALD R. PELTIER AND JANE PELTIER OF CORINTH FOAD
TO LOCATE A MOBILE HOME ON CORINTH1RbAD OWNER OF PROPERTY DONALD PELTIER
MR. & MRS . PELITER ARE PRESENT AT THE MEETING. . .
COUNCILMAN OLSON- YOU ARE APPLYING FOR A PERMANENT APPLICATION?
MR. PELTIER-YES
COUNCILMAN EISENHART- THIS IS A 1969 AND WE HAVE REFUSED ANTHING LESS THAN
A 1974
I�
COUNCILMAN MORRELL- THIS IS ALMOST A PERMANENT STRUCTURE WITH THE ADDITIONS.
)DEPUTY SUPERVISOR OLSON- HOW LONG HAVE YOU LIVED THERE?
MRS. PELT-IER- SINCE MARCH 11TH
MR. PEL_TTER- THERE HAS BEEN A TRAILER THERE FOR 18 YEARS , WE CAME FOR A
BUILDING PERMIT FOR A GARAGE AND FOUND OUT ABOUT THIS. . .
MR. MACK DEAN- IT IS DIFFICULT TO MOVE A MOBILE HOME THAT HAS HAD SEVERAL
_ ADDITIONS ON IT
MRS . PELTIER- THE MOBILE HOME IS A 1969 AND WAS PLACED ON THE LOT ' IN 1975.
DEPUTY SUPERVISOR OLSON- EXPLAINED THE NEXT STEP , TO SET A PUBLIC HEARING
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO . 92 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
WHEREAS , DONALD R. AND JANE PELTIER HAVE MADE APPLICATION IN ACCORDANCE
WITH PARAGRAPH 2 ( C) SECTION 4 OF AN ORDINANCE OF'-:THE TOWN OF nUEENSBURY
ENTITLED ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME
COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY , NEW YORK , TO LOCATE
A MOBILE HOME OUTSIDE AT PROPERTY SITUATED AT CORINTH FOAD , AND
WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES WITH THE
REQUIREMENTS OF SAID ORDINANCE , AND
I
L. WHEREAS , IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICA-
TION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS BOARD , THERE-
FORE BE IT
I
RESOLVED , THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE
THE TOWN BOARD SHALL CONDUCT A PUBLIC HEARING ON SAID APPLICATION ON
MAY 10TH 1983 AT 7 :30 P . M. IN THE QUEENSBURY TOWN OFFICE BUILDING , BAY ROAD ,
AND THAT THE 'IbWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO GIVE PROPER
NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF SAID
ORDINANCE.
DULY ADOPTED---BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS , MONAHAN
NOES : NONE
ABSENT : MRS. WALTER
144
MOBILE HOME APPLICATION-THOMAS C. JONES JR. OF 581 GLEN ST. GLENS FALLS
NEW YORK TO LOCATE A MOBILE HOME TAX MAP NO. 36-1-26 1 YEAR EXTENSION
MR. JONES WAS REPRESENTED BY MR. MIKE O ' CONNOR
DEPUTY'__SUPERVISOR OLSON- IT IS MY UNDERSTANDING THAT THE MOBILE HOME WAS
NOT LEFT ON THE PROPERTY ALL WINTER. . .
MR. MIKE O ' CONNOR- THIS IS A SELF CONTAINED RECREATIONAL VEHICLE IT IS
NOT REALLY A MOBILE HOME IN THE SENSE OF WHAT I CLASSIFY A TRAILER , THIS
IS A RECREATIONAL VEHICLE THAT IS SOMEWHAT NICER THAN MOTEL UNITS
IF YOU ARE GOING TO SPEND A GREAT DEAL OF TIME IN A MOTEL . THIS IS
WHAT THE OWNERS LIVE IN , IN THE SUMMER WHEN THEY ARE OPEN , FROM
MAY 15TH THROUGH LABOR DAY , SHORTLY AFTER LABOR DAY LAST YEAR THEY
PLACED THE VEHICLE IN STORAGE. WE HAD EXPECTED THIS YEAR TO BUILD.
A MORE PERMANENT STRUCTURE IN FACT THEY TRIED TO PURCHASE A CABIN UNIT
FROM ANOTHER MOTEL , THE PURCHASE DID NOT MATEFt.IZE , THAT AND LAST
YEAR BEING THE FIRST YEAR OF OPERATION THEY GOT INTO A LOT MORE EXTENSIVE__�
CAPITAL REPAIRS AND IMPROVEMENTS THAN THEY EXPECTED SO THEY WOULD LIKE
TO PUT THAT OFF, AT LEAST FOR THIS COMING SEASON AND AGAIN USE THE RECREA-
TIONAL VEHICLE AS A TEMPORARY STRUCTURE WHILE THEY ARE THERE. ALSO
THERE IS ANOTHER CHANGE TOO THAT MAY COME INTO PLAY LATER ON SINCE
THEY PURCHASED RECREATIONAL VEHICLES WERE PERMITTED USES IN THAT ZONE
THE PROPERTY WAS REZONED AS PART OF THE REZONING LAST SUMMER AND THAT
IS NOW A PERMITTED USE SO IF NEED BE WE WOULD COME BACK AND ASK FOR
-SOMETHING MORE PERMANENT THAN THE ONE YEAR EXTENSION . THAT WOULD REQUIRE
AN APPLICATION UNDER YOUR MOBILE HOME ORDINANCE WHICH WOULD REQUIRE MORE
ENGINEERING STUDIES THAN THE PLANS THAT WE HAVE PRESENTED TONIGHT-
THIS WOULD BE PREMATURE AT THIS POINT BECAUSE WE DO NOT KNOW IF WE ARE
GOING TO GO FOR A MORE PERMANENT STRUCTURE AS AN OWNER OCCUPIED UNIT
ON THE PREMISES OR TRY AND 7 INCORPORATE THIS UNIT WITH A COUPLE OTHER
UNITS THEY HAVE AVAILABLE FOR RENTAL.
DEPUTY SUPERVISOR OLSON- NOTED HE HAD SEEN THE SITE LAST YEAR AND IT WAS
NEAT AND ATTRACTIVE , AS FAR AS I KNOW THE SUPERVISOR'S OFFICE NEVER HAD
ANY COMPLAINTS REGARDING THE APPLICATION . . .
COUNCILMAN EISENHART- WILL YOU PULL THE UNIT OUT NEXT YEAR AND STORE
IT DURING THE WINTER
MR. JONES- YES
COUNCILMAN MORRELL- NOTED THAT THE VEHICLE CANNOT BE SEEN FROM THE MAIN ROAD.
RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME
RESOLUTION NO , 93 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
WHEREAS , THOMAS C. JONES JR. OF 581 GLEN STREET HAS MADE APPLICATION
IN ACCORDANCE WITH PARAGRAPH 2 ( A) SECTION 4 OF AN ORDINANCE OF THE
TOWN OF QUEENSBURY ENTITLED ORDINANCE FOR THE REGULATIONS OF MOBILE
HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY ,
NEW YORK, TO LOCATE A MOBILE HOME OUTSIDE OF A DULY LICENSED MOBILE HOME
COURT AT PROPERTY SITUATED AT TOM' S EXIT 20 MOTEL LAKE GEORGE ROAD
AND ,
WHEREAS , IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID
APPLICATION ARE SUFFICIENT TO AUTHOIRZE THE ISSUANCE OF THE PERMIT
REQUESTED BY SAID APPLICATION , THEREFORE BE IT J
RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED
ORDINANCE , TEMPORARY PERMISSION IS HEREBY GIVEN TO MR. THOMAS C . JONES
JR. OF 581 (LEN STREET , GLENS FALLS , N.Y. TO LOCATE A MOBILE HOME
OUTSIDE OF A LICENSED MOBILE HOME COURT FOR A PERIOD OF ONE YEAR AT
PROPERTY SITUATED AT LAKE GEORGE ROAD , TOWN OF QUEENSBURY , AND THAT
THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE .
JULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN
NOES : NONE
ABSENT : MRS . WALTER
145
COMMUNICATIONS
LTR. MARY C. FOSBROOK- REQUESTING CABLE T. V. IN THE AREA OF NORTHWEST
VILLAGE PETITION FILED. . .
LTR. DIRECTOR OF PURCHASING TO ATTEND SEMINAR ON FILE
RESOLUTION TO ATTEND SEMINAR
RESOLUTION NO . 94 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS . BETTY MONAHAN :
r
RESOLVED, THAT PERMISSION IS HEREBY GRANTED TO MR. DONALD A. CHASE
TO ATTEND A PURCHASING OFFICIALS SEMINAR IN SARATOGA SPRINGS FROM
MAY 11TH THROUGH MAY ' I3TH AND BE IT FURTHER
RESOLVED , THAT THE 'T[bWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE
AND NECESSARY EXPENSES.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN
NOES : NONE
ABSENT : MRS. WALTER
LTR. ZONING BOARD OF APPEALS- REQUESTING REFUND TO DONALD J . FLOOD
DISCUSSION WAS HELD AND MACK DEAN REVIEWED THE DONALD J . FLOOD
VARIANCE APPLICATION . . .
RESOLUTION TO REFUND VARIANCE FEE
RESOLUTION NO . 95 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS . BETTY MONAHAN : '
WHEREAS , MR. DONALD J . FLOOD MADE AN APPLICATION FOR A VARIANCE TO THE
QUEENSBURY ZONING BOARD OF APPEALS AND
WHEREAS , THE QUEENSBURY ZONING BOARD OF APPEALS FELT THAT A VARIANCE WAS NOT
NECESSARY , NOW, THEREFORE BE IT
RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY REQUESTS
THAT THE BUILDING AND ZONING DEPT. !REFUND THE VARIANCE FEE PAID BY
MR. DONALD J . FLOOD OF JOHNSTOWN , NEW YORK.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL, MRS . MONAHAN
NOES : NONE
ABSENT : MRS. WALTER
ANNOUNCEMENTS
THE TOWN OF QUEENSBURY WILL BE HOLDING AN AUCTION ON MAY 7TH 1983 AT 9 :00
A. M. IN BACK OF THE MAIN OFFICE BUILDING ON BAY AND HAVILAND ROADS . . .
. � ITEMS TO BE SOLD BIKES , ADDING MACHINES , TYPEWRITERS ETC.
OPEN HOUSE- SOUTH QUEENSBURY -F(IRE HOUSE SUNDAY MAY 1 , 1983 FROM 1-6 P. M.
NEW ADDITION AND EQUIPMENT . . .
FREE WEEK-QSBY. GLENS FALLS LANDFILL APRIL 30TH THROUGH MAY 7TH
COUNCILMAN OLSON- :THE BOARD IS VERY SORRY AND SAD AS ARE THE REST OF THE
RESIDENTS OF THE TOWN OF QUEENSBURY WITH THE PASSING OF A RESIDENT MRS.
PAULINE JOSLYN WHO SERVED AND LIVED IN THE TOWN OF QUEENSBURY ALL HER LIFE
AND CERTAINLY HER INFLUENCE AND WORK IN THE TOWN OF QUEENSBURY MADE A LAST-
ING MARK IN ACHIEVEMENTS IN THE TOWN. NNEE OOFF pp RR
COUNCILMAN MONAHAN- THE Eb ARD WOULD LIKE TO PAY TRIBUTEOTONPIOSTUDEDICATED,
CONSCIENTIOUSiHARDWORKING CITIZENS IN THE TOWN OF QUEENSBURY, MRS. PAULINE
JOSLYN. MRS . JOSLYN WAS AN EIGHTEEN YEAR FORMER MEMBER OF THE QUEENSBURY I
BOARD OF EDUCATION AND A MEMBER OF THE WARREN CO. BOCES BOARD, SHE ALSO
146
SERVED HER COMMUNITY THROUGH THE PTA THE 4-H , HOM+UREAU AND MANY OTHER
ORGANIZATIONS. PAULINE SET HIGH STANDARDS FOR ALL OF US TO FOLLOW AS
A CITIZEN OF THE TOWN OF QUEENSBURY. I ALSO HAD CONTACT WITH PAULINE
BECAUSE SHE WAS A PARENT OF A DAUGHTER THE SAME AGE AS MINE AND SHE ALSO
SET VERY HIGH STANDARDS FOR US AS A PARENT . EVERTHING HER CHILDREN WERE
INJSHE WAS IN IT WITH THEM AND BACKING THEM 100% . THE BOARD WISHES TO
JOIN IN EXPRESSING OUR SORROW TO THE MEMBERS OF MRS. JOSLYN 'S FAMILY .
COUNCILMAN MORRELL-PAULINE , WAS A VERY UNIQUE WOMEN IN A MAN ' S WORLD AT
THE TIME SHE DECIDED TO MAKE HER MARK ON THIS TOWN . WHEN PAULINE
TALKED
., PEOPLE LISTENED, SHE ALWAYS HAD SOMETHING GOOD TO SAY , CONSTRUCTI%!F-
IDEAS AND AT A TIME WHEN THERE WAS NO TALK OF ERA� PAULINE DID NOT
TALK ABOUT ERA ONLY JUST DID IT. WE ARE ALL VERY FORTUNATE THAT SHE
DID WHAT SHE DID AT THAT TIME FOR OUR TOWN .
COUNCILMAN MONAHAN- WE REGRET HER PASSING BUT ARE-THANKFUL THAT WE 1
HAD HER FOR THE YEARS THAT WE DID. •.•✓
RESOLUTION OF SORROW
RESOLUTION NO . 96 , INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD
WHEREAS, the Town Boaxd would tike to pay ttibute to one ob out moot
dedicated, conscientious , haxdwotking, citizenz in the Town o6 Queenzbuny,
Mtz . Patitine JoAt yn, and
WHEREAS, M&z . Pautine Jostyn zexved Eighteen years on the ueenzbuny
Soand o6 Education, a member ob the Nanxen County SOCES, P.T. A. , Home Bureau
and many other otcganizat.Lonz ,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board o6 the Town ob Queenzbuny, on behat6 o4 the
peop.2e o' the Town does hereby expxe4s their deep 4otvcow on the death
o6 theitc 4t fiend M&z . Pautine Jort yn and do ens exptcezz to het jamit y theitc
heat t6ett sympathy at this di64icutt time.
Duty adopted by the jottowing vote:
Ayes : Mt. O.2.6on, Dn. Eiz enhant, Mn. Moxxett, Mu . Monahan
Noes : None
Absent: Mu . Nattetc
Depdt y Supenvis on Ott on- ptces ented the Town Boated with co piez o6 a
' ' REQUEST FOR PROPOSAL -FORMATION OF QUEENSBURY SEWER DISTRICT' '
No . Queen4butcy . . . . noted that some engineeu have picked up
neque,stz box pro po4at on the South Centtcat -pot tion o4 the Town
o6 Queens butcy 6otc s ewet z ., . .
OPEN FORUM 8 : 24 P. M.
Mt. no bent Stewat t- lapne4 enting the nezident4 o4 No . Queens butcy who
axe utcging the tceque4t 6otc a ptcopozat bon a zewetc di,sttict. . . tcequezted
a -target date 4on a tce4ponz.e to out ptcopo4at. . .
Deputy -Supetcvian)t Otzon-I would expect some type ob comment 4nom
the Town at out next 4 egutan meeting J
Councilman Monahan- In the appendix item 4ix you have got ' ' Pxopo4ed -
Loca., Land U,se Pnognam 1974. Murphy 9 Knen, P.Eanning Azsociates '
Inc. Pxepaxed jot the Town ob Queenzbuny and the APA ' ' Since we
never imptemented that pxognam. wh y is that in there in4 tead o4 the
ordinance that hays been imp.Eemented?
Mt. nobent Stewart- I think the thoughts o6 the peopte who dnaited
thiz pro po4at, which I did not do, ways to bx.Lng to your attention,
and you in turn to bring to the engineen's attention, alt of the back-
gxound titexatune and ztudiez that have been made oven the ta4t ten
yea&4, it iA not to 4uggest that you axe bound by any ob thi4 ox that
you agree with it. Tt ways appanentty some study, .home titenatuxe, tome
anaty4iz, that had been made on the xeconds and would be avaitabte bon
study.
Councilman Monahan- I would say that what wa4 mi-6-4..ng. wa4 the new ondinance
because that iz going to determine the .hand a�exn
9 9 p
Mt. Stewart- I consider the new Queensbuty Sewers Otd.inance a very 147
d.ibb.icutt ptobtem. . .this was just a suggestive tist o6 past Studies
and t.itetatute that you might want to eonsidet it was not meant to
be a t :inctusive.
Deputy Supenv.isot OtAon- In speaking with Mt. H.ittman, this was a qu.ide-
tine to assist us in seeing i4 we eoutd assist them in sotv.ing some ob
theft ptobtems .
Mrs. Fis eher-I went through this sewers 4tu4 b on the east side o6 Lake
Geotge and .inch by ,inch they had to btast because it is att toeh, haw
arse you going to btast on "oehhutst without putting those people out ob
there bat a period ab time? questioned i4 there was any thoughts to
ptacing the pipe tine in the take?
Deputy Supetv.isot Otson- explained the vatious steps in botm.ing a sewer
d.is tri.i ct. . .
Coune.itman E.is enhatt- is there any pto btem with ptacing a sewers tine in
the .Lake?
Mt. Stewart- noted the concept was ptoposed by a man btom Bolton tand.ing-
I know it was proposed and eons.ideted by each eng.ineet.ing body, but
none bett it was a ptat.ieat sotut.ion. . .
Mr. Tunnbutt- Asked i4 the tax burden ob the sewers district would only
be on thane in the north queens burry sewers distt.iet. .
Deputy Supetv.isot Ot4on- yes . . . the people who arse senv.ieed by it would
be changed and pay ,Got the use ob the se&v.ice.
Councilman Motnett-ke only thing I would add, as with water d.istn.iets,,
the b.inancing bat the pret im.inaty studies come btom the Genetat Fund
and .ib a d.istt-i.et is approved then those monies ate paid back to the
Genetat Fund, .ij the district is voted down, then a22 a b us ha td the
bag.
Mt. Stewart- It is out propasat that this d.istt.iet, .ib batmed Witt be
b.inanced by the tocat peopt e who beneb.it btom it and hopebutt y some
i State and Fedetat Funding, we do not .look to any taxpayers in Queensbuty
outside the distt.iet�that they should pay the.it money to solve out ptobtems .
Mt. whaten- tezident ob Pinewood Road, requested a street .Light be placed
on a pole in Mont ob his house. . . noted he had teeentty been tabbed. . .
Deputy Supetv.isot Olson- we Witt turn this oven to the Stteettight.ing
committee bat a study. . .
Mrs . LaMora- requested a street .Light on 18 So . Westetn Avenue
Deputy Supetv.iSdk Olson- this Witt also be turned oven to the Street
t ight.ing committee . . .
Mt. Atthutt Tunnbutt- Asked bar an update on the bu.itd.ing on LaFayette St. . . .
Councitman Morten-I Witt give you a deb.intlte answers that I was not to
give anybody, but I gave it .Last night so I might as weft give it' again
tonight. The same question that you brought up was brought up at the
Reeteation Committee Meeting by Mt. Champagne and we had a meeting with
i
Mt. Peter Brown and t was his opinion the present sttuctute was exactly
i the same as yours . The�ptesent sttueture that was there would be a waste
�. ob money to tty and neh.ab.ititate it and he drew up plans bon a new bu.itd.ing
which could be .located on the 4ite and the present sttuctute being
demot is hed. His estimated cast ob that sttuetute was $90J. 000 that is a
sttipped dawn bate minimum modet. In out d.iseu4s.ion, a6 the people that
were there now, we ate tatting a eons.idetabte ahount aj money and it was
kicked around the pass-i,b.itity maybe we eoutd negotiate a 50-50 deal-
' we Witt match your bunds in order to pay jot that type ab conzttuct.ion ob
a bu.itdin 9, and that is whete it ended.
Mt. Arthur Tuan' butt- . . You want my sen.iot citizens to come up with $45, 000
Coune.itman Mottett- that was one o6 the things that was passed out. . .
Mt. Atthut Tunnbutt- ate we to save this $45, 000 out ob the $4, 000
we get a yeah?
Counc.itman Morten- no , this- eoutd be done thtouah bund ta.is.ing pto1eet4
1.48
tike they did oven in Hadzon Fatty when they put in the.in municipal pool,
thete ate z evetat avenues o4 doing this .
Mt. .Tahnb.utt- I have a bettet idea you give us the $45, 000 and we w.itt
put up the buitd.ing Got $45, 000
Councilman Mottett- We Ahoutd get everyone together and have an update
on this . . .
Mt. Tutnbutt- asked Town Counaet .ij he had drawn up a contract Got the
Queensbuty Sen.iot Citizens ?
Mt. Mathias- I have not.
Deputy Supetv.izot Otzon- tequested that the Town Counzet draw
up a conttact. . .spoke on the tt,ip the 4eniotz w.itt be taking soon
to Ptocxotd Theatet. . .
Mt. Tutnbutt- I would tike to dhow out d.izpteazute in tegatds to the
80 .incteaAe in Schoot Taxes . . .
Deputy Supetv.izot Otson and Councilman Monahan- noted that Mt. Tutnbutt
zhoutd be speaking to the Queensbuty Schoot 7oatd on the increaze in
b choot taxes . . .
SPECIAL AUDIT OF SILLS
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO . 9I Inttoduced by DA. ChaAt es E,isenhatt who moved
lot its a o piton, 6 econded by Mt. Daniet Ot-son:
RESOLVED, that Audit o6 B,ittz as t used on Abdttact No . 83-4C
and numbered 630- 631 and totat ing $23, 820 . 00 be and hereby is
approved.
Duty adopted by the 4ottow,ing vote:
Ayes : Mt. Otzon, Dt. E.i4enhatt, Mt. Motte22, M&A . Monahan
Noes : None
Absent: Mu . Wattet
On motion the meeting was ad1outned.
Reis pect�utty,
Donald A. (hays e,
Town Ctetk
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RESOLUTION TO PASS A LOCAL LAW TO BAN THE SALE AND DISPLAY OF DRUG
ACCESSORIES IN THE TOWN OF QUEENSBURY
RESOLUTION NO . 85 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
WHEREAS , THE TOWN BOARD OF THE TOWN OF QUEENSBURY IS CONCERNED WITH THE
USE AND ABUSE OF DRUGS BY CHILDREN AND OTHER PERSONS WITHIN THE TOWN
OF QUEENSBURY AND
WHEREAS , THE TOWN BOARD IS DESIROUS`` OF LIMITING AND PROHIBITING WHEN
I PERMISSABLE THE SALE OF DRUB ACCESSORIES WITHIN THE TOWN OF QUEENSBURY , AND
i
WHEREAS, A PUBLIC HEARING ON A PROPOSED LOCAL LAW FOR THE PROHIBITION OF
THE SALE OF DRUG ACCESSORIES WITHIN THE TOWN OF QUEENSBURY WAS HELD ON
°- APRIL 12 , 1983 WHERE ALL PERSONS WERE HEARD CONCERNING THE PROPOSED LAW ,
AND THE TOWN CLERK PUBLISHED NOTICE OF SAID HEARING AS REQUIRED BY LAW
NOW, THEREFORE BE IT
RESOLVED, THAT LOCAL LAW ENTITLED ' 'A LOCAL LAW BANNING SALE AND DISPLAY
OF DRUG ACCESSORIES IN THE TOWN OF QUEENSBURY ' ' IS HEREBY APPROVED AND
BECOMES EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE OF THE STATE
OF NEW YORK.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR . OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER
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NOES : NONE
ABSENT : NONE
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(Please Use this Form for Filing your Local Law with the secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Couety
Ci of. Queensbury..
Ttl .. ...................................................................
Local Law No..................1........ ...N................... of the year 19 ..$3....
A local law Ban„sale,and_ Displax,Nof Dru&.Accesories,Nin,,the Town of Queensbury
�i1.�..We) ...N.N.................. .». .....
Be It enacted by the .............. . ...NTown Board of the
N..N....NNN..NN..NNM.NN.....NNNNN,N..N.N..N......N.N.N....
(H of lwsieWwoo Boom)
Coauty
Ci Ai) 01.............N............................. .. eensbury. as follows:
Yillasa ... ............................................................................
S 33-1. Legislative Findings.
S 33-2. Definitions.
S 33-3. Evidence to be considered.
S 33-9. Sale and display of drug accessories. ,
S 33-5. Penalties. ,!
S 33-6. Severability. v
S 33-7. Effective Date.
Be it enacted by the Town Board of the Town of pueensbury as
follows;
S 33-1. Legislative findings.
It is hereby declared and found that the sale of items used
to aid the storage, use, concealment and test the strength or purity
of illegal drugs is a wide spread and growing practice which is
contrary to the eublic interest. Therefore, public safety, health,
welfare and morals would be best served by discontinuing the sale of
such items.
4 33-2. Definitions.
i
DRUG PARAPHERNALIA -- The term "drug paraphernalia” means �
all equipment, products and materials of any kind which are
used, intended for use, or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing, com=
pounding, conveying, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, infesting, inhaling or otherwise introducing into the human
body a controlled substance in violation of the laws of the State of
New York. It includes, but is not limited to:
If additional ace is needed please attach sheets of the same size as this and number each)
Page 1
1. Kits used, intended for use, or designed for use in
p7anting, propagating, cultivating, growing or harvesting of 151
any species of plant which is a controlled substance or from
which a controlled substance can b e derived;
2•. Kits used, intended for use, or designed for use in
manufwcturing, compounding, converting, producing, processing or
preparing controlled substances;
. 3. Isomerization devices used, intended for use, or
designed for use in increasing the potency of any species of plant
•which is a controlled substance;
4. Testing equipment used, intended for use, or designed
r:'or. use in identifying or in analyzing the strength, effectiveness or
4urity of controlled substances;
5. Scales and balances used, intended for use, or designed
or use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine, hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or otherwise cleaning or refining
marihuana;
8. Blenders, bowls, containers, spoons and mixing devices used,
Intended for use, or designed for use in compounding controlled substances;
9. Capsules, Balloons, envelopes and 'other containers used,
intended for use or designed for use in packaging small quantities of
controlled substances;
10. Hypodermic syringes, needles and other objects used, intended
for or designed for use in parenterally injectink controlled substances
into the human body;
11. Containers and other objects used, intended for use, or designed
or use in storip$:ior concealing controlled substances;
12. Objects used, intended for use, or designed for use in infesting
or otherwise introducing marijuana, cocaine -or hashish into the human body,
such asi
�. Metal, wooden, acrylic, glass, stone, plastic or ceramic
pipes with or without screens, permanent screens, hashish heads or punctured
bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
•e. Roach clips; meaning objects used toehold burning material
such as marijuana cigarettes, that have become too small or toorshbrt to be
held-in the hand;
f. Miniature cocaine spoons and cocaine vials;
`�- g. Chamber pipes;
h. Carburetor pipes;
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OAS E �.
1 r1 1~
i. Electric pipes;
� . Air-driven pipes;
. k. Chillums;
I. Bongs;
m. Ice pipes or chillers;
13• "Cocaine Spoon". A spoon -with a bowl so small
that the
use for which it is reasonably adopted or designed is to holdpormary
administer cocaine, and which is so small as to be unsuited for the
typical, lawful uses of a spoon. A cocaine spoon may or may not be
labeled as a cocaine spoon" or "coke" spoon;
14. "Marijuana or Hashish Pipe" : A pipe characterized by a bowl
which is so small that the primary use for which it is reasonably
adopted or designed is the smoking of marijuana or hashish, rather
than lawful smoking tobacco, and which may or may not be equipped
with a screen.
§ 33-3. Evidence to be co
. nsidered.
In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition tp all other logically
relevant factors, the following:
A. Statements by an owner or by anyone in control of the
object concerning its use;
b. Prior convictions, if any, of the owner, or of anyone
in control of the object, under any.::state or federal law relating to any
controlled substance;
C. Ttle
proximity of the objebt to controlled substances;
d. The existance of any residue of controlled substances
on the object;
e. Direct or circumstantial evidence of the intent of an owner
of anyone in control of the object, to deliver it to
or should reasonably know, intends to use the object torfacilitatee knows,
,
violation of this act; the innocence of an owner, or of anyone in control of tt
object, as -the direct violation of this act should not prevent a finding
that the object is intended for use, or designed fot use as drug paraphernalia;
f• Instructions, oral or written, provided with the object
concerning its use;
g. Descriptive materials accompanying the object which explain
or depict its use;
h. National and local advertising concerning its use;
��vt 3 -
153
i. The manner in which the object is displayed for sale;
J • Whether the owner, or anyone in control of the object,
is a legitimate supplier of like or related items to the community,
such as licensed distributors or dealer of tobacco products;
k. Direct or circumstantial evidenee .of the ratio of sales of the
object (s) to the total sales of the business enterprise;
1. The existence and scope of legitimate uses for the
object in the community;
M. Expert testimony concerning its use.
33-4 Sale and display of drug accessories.
It shall be a violation of this code for any merchant or other person
to knowingly sell, offer for sale, or display any cocaine spoon, marijuana pipe,
hashish pipe, or any other drug related paraphernalia.
33-5 Penalties.
A person who violates any provision of this article is guilty of a
misdemeanor.
33-6 Severability. .
If any clause, sentence, paragraph or part of this Local Law shall be
3djudged by any court Of competent Jurisdiction to be invalid, such Judgment
shall not affect, impair or invalidate the remainder thereof, but shall be
--onfined- in Its operation to the clause, sentence, paragraph or part thereof
Urectly involved in the controversy and in which suc
^endered. h judgment shall have been
33-7 Effective ,date. ,
This Local Law shall take effect immediately upon filing thereof in the
Iffice bf the Secretary of State.
VIA(, y
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RESOLUTION TO APPROVE LOCAL LAW FOR THE REGULATION OF TRANSIENT
MERCHANTS IN THE TOWN OF QUEENSBURY
RESOLUTION NO . 91 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
WHEREAS , A NEED FOR A MORE ENFORCEABLE LAW WAS NEEDED TO REGULATE
TRANSIENT MERCHANTS AND SOLICITORS IN THE TOWN OF QUEENSBURY , AND
WHEREAS, THE TOWN BOARD WITH THE ASSISTANCE OF SEVERAL BUSINESS MEN
IN THE TOWN PROCEEDED TO DRAFT A MORE ENFORCEABLE LAW , AND
WHEREAS , A PUBLIC HEARING WAS HELD ON ^,PRIL 12 , 1983 IN WHICH ALL
PERSONS WERE HEARD BOTH IN FAVOR OF AND OPPOSED TO SAID LAW AND
SAID PUBLIC HEARING WAS DULY PUBLISHED IN ACCORDANCE WITH LAW BY
THE TOWN CLERK , NOW , THEREFORE BE IT
._.+i
RESOLVED, THAT A LOCAL LAW ENTITLED ' 'TO REGULATE TRANSIENT MERCHANTS
AND SOLICITORS IN THE TOWN OF QUEENSBURY 11 IS HEREBY APPROVED AND SAID
LOCAL LAW BECOMES EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE OF
THE STATE OF NEW YORK.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN
NOES : "IONE
ABSENT : MRS. WALTER
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_
(Mm.Un this Forst for F
illq your
Leal Law with the Secretary of State
Text of law should be given as amended. Do not include matter being
eluNnated and do not use italics or underlining to indicate new matter.
Cousty T....
i City Queensbury
Town .»........................................................................
VatR'e
Local Law No...............9.............»»................»».... of the you 19 8 3
............
A local law TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS IN 'THE TOWN OF
.........»...».........................................�.».......»........................................................».»............................................
QUEEN SBURY OWN""*)
Be it aoaeted by the ...Town_.Board •. _
»....»........»..»»»..»....»......»»»................................. of the
tnrM d{.gi"-soft)
Comtty
City » Queensbury,• as follows:
Town ...»......»...»»............................................ ...».......................»....»..........».......................................
Village
A LOCAL LAW TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS
IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK
SECTION 1. For the purposes -of this local. P al law the terms
used herein are defined as follows : "Transient Merchant"— a
person, corporation, partnership, association or any other
organization, who, for a period of less than ninety (90 )
consecutive days , engages in a business of selling and
delivering goods, wares and merchandise, and who, in
furtherance of such purpose, hires, leases, uses or otherwise
occupies any building, structure, motor vehicle including
truck or tractor trailer, car, boat, public room in hotels ,
motels , lodging houses, apartments , shops, mall, plaza
parking lot, or any street, alley or other place within the
Town of Queensbury, for the exhibition and sale of such
goods , wares and merchandise either privately or at public
auction. A Transient Merchant shall not be relieved from
complying with the provisions of this law merely by reason of
if addicianalepace is needed lease attach sheets of the same size as this and number each)
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associating temporarily with any local dealer, trader,
merchant or auctioneer.
"Solicitor" : - a person, corporation, partnership
association or any other organization doing business through
the act of selling or offering for sale, soliciting orders
for future sales , demonstrating or making estimates of
services, merchandise, works of art, goods , meats , seafood,
�r
vegetables, or fruit directly to the public or in the public
streets, sidewalks, and public places or by going from house
to house within the Town of Queensbury.
This local law shall not apply to any person having an
established place for the transaction of business within the
Town of Queensbury nor to persons soliciting, Collecting or
selling goods on behalf of any bona-fide not-for-profit
corporation or charitable organization, nor to the exhibiting
or demonstrating goods to business in trade shows .
SECTION 2 . License required.
A. Transient Merchant. Every person who engages
in business as a Transient Merchant or a Solicitor, as
defined herein, is hereby required to apply for and procure a
license, to be issued by the Town of Queensbury, for the
purpose of conducting such business , SEVEN ( 7) days prior to
commencing operations within the Town of Queensbury.
SECTION 3 . Fees and expiration of license.
A. License fees shall be as follows :
1. Transient Merchants $500.00 per day
2 . Solicitor $200.00 per YEAR
B. All Transient Merchants ' licenses shall expire
within three ( 3 ) months from the date of issuance.
SECTION 4 . Bond or Certified Funds . Before any
Transient Merchant 's or Solicitor's license authorized herein �
shall be issued, the applicant shall file with the Town Clerk
proof of a bond, executed by a surety company or insurance
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company licensed to do business in the State of New York in
the sum of TEN THOUSAND DOLLARS ( $10, 000.00 ) in the case of a
Transient Merchant or in the sum of FIVE THOUSAND DOLLARS
($5, 000.00 ) in the case of a Solicitor, for the purposes of
saving harmless the citizens of the Town of Queensbury
from any and all damages which may be incurred by said
citizens as a result of false, fraudulent or sales practices
by any person licensed hereunder. In lieu of the foregoing
bond, cash or certified funds in the amount hereinbefore set
forth shall be deposited with the Town Clerk. Such funds
shall be held for a period of one year from deposit . Interest
earned shall be the property of the Town of Queensbury. The
funds shall be used to satisfy any judgment obtained in
judicial proceedings for damages incurred by a citizen of the
Town of Queensbury as a result of false, fraudulent or
unlawful sales practices by any person licensed hereunder.
SECTION 5. Authorization of agent to receive service
of summons . Before any individual, partnership, company or
corporation who is a nonresident of the State of New York
shall have a Transient Merchant's or Solicitor's license
issued either to the individual or to the agents or
representative of a company, partnership or corporation,
proof of authorization of the Secretary of State to receive
service of process, pursuant to the Business Corporation Law
Section 304 must be filed with the Town Clerk.
SECTION 6. General Regulations .
A. Transient Merchants and Solicitors .
(1) Shall not use any of the public streets ,
sidewalks or places as standing places for any vehicle - or
device in, upon or by which — any person or property is or may
be transported or drawn and which vehicle or device is used
for the conduct of their business .
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(2 ) Shall not stand on any public streets,
sidewalks, or places so as to obstruct access to or egress
from any place or the free flow of vehicular and pedestrian
traffic.
( 3) Shall not remain in one place on any public
streets, sidewalks , or places except when actually engaging
in a sale of their merchandise.
(4 ) Shall not cry out or make loud noises in any
public streets , sidewalks, or places for purposes of selling
any provisions or merchandise.
( 5 ) Shall not falsely or fraudulently
misrepresent the quality, character or quantity of any
articles offered for sale; nor falsely or fraudulently
represent the services to be rendered or costs thereof to be
bid upon; nor offer for sale unwholesome, tainted or diseased
provisions or merchandise.
( 6) Shall be in violation of this local -law as
committing fraud hereunder if the item sold does not }
materially onform to an samples or models demonstrated or
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brochures or pamphlets given to a prospective customer as to
size, material, use, application and quality of workmanship.
( 7 ) Shall not substitute any other article for
the article sold to the buyer.
( 6) Shall identify himself as a salesman upon
approaching a citizen in a public place or at a private
dwelling and explain his purpose, whether it be direct sales , .
solicitation or orders or the demonstration of goods and
merchandise or any combination of purposes thereof.
( 9 ) Shall produce for inspection, upon request,
the Transient Merchant's or Solicitor's license as the case
may be issued b the Town of Queensbur .
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B. Application. Every applicant for a license is
required to file with the Town Clerk a written application,
under oath, containing the following information and
material:
( 1) Name of Applicant
(2 ) Federal Employee I .D. Number
( 3 ) New York State Sales Tax Number.
(4 ) Permanent home residence.
( 5) Name and address of firm represented, if any.
(6) The length of time for which the license is
required.
( 7) A description of the goods, wares, commodities
or services to be offered for sale or to be used for the
purpose of bidding for services . Included shall be the brand
name, manufacturer and distributor of goods and commodities
and the name, publisher and distributor of all books ,
magazines or periodicals to be offered for sale.
(8) Authorization of agent to receive service of
summons as set forth in Section 5 hereof.
(9) To the application must be appended a
document of authorization from the firm which the applicant
purports to represent.
( 10) To the application must be appended the bond
described at Section 4 hereof.
SECTION 7. Penalties for offenders - Each violation of
this local law or of any regulation, order or rule
promulgated thereunder shall be punishable by a fine not
exceeding Five Hundred Dollars ( $500.00) for each offense,
�- and each day a violation continues shall be a separate
offense. In addition to such fine, each violation shall
constitute disorderly conduct, and the person violating same
shall be a disorderly person.
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SECTION 8. Severability - The provisions of this local
law are declared to be severable, and if any section,
sentence, clause or phrase of this local law shall for any
reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining
sections, sentences , clauses and phrases of this local law
but they shall remain in effect , it being the legislative
�i
intent that this local law shall stand notwithstanding the
invalidity of any part .
SECTION 9 . Effective date - This local law shall take
effect immediately upon filing with the Secretary of State.
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RESOLUTION TO AMEND ORDINANCE NO . 34
RESOLUTION NO . 90 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
. ADOPTION , SECONDED BY MRS . BETTY MONAHAN :
WHEREAS , -A REQUEST WAS RECEIVED TO AMEND ORDINANCE N0. 34 SECTION
1 ( B ) ( 1 ) SAID ORDINANCE ENTITLED ' ' ORDINANCE REGULATING SPEED
OF MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY , WARNER j
BAY, ASSEMBLY POINT AND HARRIS BAY AND
WHEREAS, PUBLIC HEARING , DULY ADVERTISED BY THE TOWN CLERK WAS HELD
ON APRIL 26 , 1983 IN WHICH ALL PERSONS WERE HEARD , NOW , THEREFORE
BE IT
RESOLVED , THAT ORDINANCE NO. 34 BE AMENDED TO READ AS FOLLOWS :
SECTION 1 (B ) ( 1 ) UNNAMED COVE UPON WHICH FISCHERS 11ARINA
IS SITUATED. BOUNDED NORTHERLY BY THE LANDS NOW OR FORMERLY OF
BRUCE AND RUTH SMITH DESIGNATED AS SECTION 152 9LOCK 1 LOT 8 ON
THE WARREN COUNTY TAX MAP , BOUNDED ON THE SOUTH BY A POINT OF LAND
NOW OR FORMERLY OWNED BY DAVID VROOMAN AND DESIGNATED AS SECTION
18 BLOCK 1 LOT 15 ON THE WARREN COUNTY TAX MAP FOR THE TOWN OF
QUEENSBURY , BOUNDED ON THE EAST BY LANDS BORDERING ALONG THE SHORES
OF LAKE GOERGE , AND BOUNDED ON THE WEST BY ALINE APPROXIMATELY
900 FEET -RUNNING FROM THE LANDS OF VROOMAN AS AFORESAID TO THE
LANDS OF SMITH AS AFORESAID .
SAID AMENDMENT TO TAKE EFFECT TEN DAYS AFTER PUBLICATION AS REQUIRED
BY SECTION 133 OF THE TOWN LAW AND UPON WRITTEN APPROVAL OF THE
CONSERVATION COMMISSION AS REQUIRED BY SECTION 130 , PARAGRAPH 17
SUBDIVISION 2 OF THE TOWN LAW.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENfrAW", MR. MORRELL , /MFRS. MONAHAN
NOES : NONE
ABSENT : MRS. WALTER