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1976-09-28 WHEREAS , public hearing has been held concerning the desirability of the adoption. of said local law, and WHEREAS, recommendations have been made to the Town Board favoring the adoption of the proposed local law, and WHEREAS, it appears that the local law in its present form is in compliance with the requirements of the Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury adopt the Freshwater Wetlands Protection Law of the 'down of Queensbury as Local Law -- No. 1 of 1976 of the Town of Queensbury and that all action be taken in accordance with law to render the adoption of said local law effective including filing of appropriate copies with the office of the Secretary of State and the Department of- Environmental Conservation. Duly adopted by the following vote-: Ayes : Mr. Olson, Mr. Robillerd, Mr. Robertson, Mr. Brandt Noes : None Absent:Mr. Barber a REGULAR MEETING SEPTEMBER 28, 1976 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman Joseph Brennan-Town Counsel MEMBERS ABBE : Robert Barber-Councilman PRESS : Tri County, WWSC, Lee Coleman GUESTS : League of Women Voters, Troup, 16, Queensbury Boy Scouts TOWN OFFICIALS- Floyd Martindale, George Liapes Meet'_ng Opened-7: 30 P.M. Salute to the flag led by Councilman Robillard. Supervisor Brandt- Welcomed Troupe 16 of Queensbury Boy Scouts- noted that the scouts were working on their Communication Badge. . . PUBLIC HEARING-Notice Shown-Mr. & Mrs. Sydney Durkee of Tuck-a-way Mobile Home Park, South Glens Falls to locate a mobile home on Warren Lane on-property owned by Mr. Durkee- Mr. Durkee was present- hardship shown Hearing Opened 7 : 30 P.M. Supervisor Brandt Is there anyone here to speak eitheriNfavor of or a*nst the application - No one spoke- Councilman Olson- Mr. Durkee, the property you want to place your mobile home one is that property that was owned by another individual who had a mobile home on it and has since moved the mobile home? -- Mr. Durkee- Yes,. it is. Councilman Olson- This is on Warren Lane? Mr. Durkee- Yes. Councilman Robillard- I have no questions, just that I feel sorry for the Durkee' s being involved with this situation. I do not know how we can get our message across to the mobile home owners in the Town of Queensbury that they have to apply for a permit. Apparently they were hoodwinked into buying this land under the impression that evelg:hing was in order by the fact that another mobile home was there. I do not know what our obligation ism I think we stress enough' at other meetings the rules to follow� if this was not primarily a mobile home road I would probably be opposed to it, but datto the fact that there are mobile homes there and the fact that 90% of r FRESHWATER WETLANDS PROTECTION LAW OF THE TOWN OF QUEENSBURY WARREN COUNTY, NEW YORK i r f i _ TABLE OF CONTENTS Section 1 - Short Title Section 2 - Declaration of policy Section 3 Statement of findings Section 4 Definitions Section 5 - Permits Section 6 Application for permit, .processing Section 7 Public hearing on permit application Section 8 - Decision on permit application - Section 9 - Standards for permit decisions Section 10 - Conditions to a permit Section 11 - General powers of the Agency Section 12 Other laws and regulations Section 13 - Bonding requirements Section 14 - Suspension or revocation of permits Section 15 - Violation; penalties Section 16 Enforcement Section 17 - Review and appeal Section 18 - Severability Section 19 - Non-Applicability to activities involving Freshwater wetlands located within Adirondack Park Section 20 - Effective date Local Law No, of 1976. A LOCAL LAW of the Town of Queensbury pursuant to Article 24 of the State Environmental Conservation Law to provide for the protection, preservation and conservation of freshwater wetlands within its boundaries by establishing a permit system with regard to regulated activites in freshwater wetlands and adjacent areas and by establishing the procedures and standards for the processing of permit applications. BE IT ENACTED by the Town Board of the Town of Queensbury, Warren County, New York, as follows: y ] r 7YYIISLiLi( vr..Sli _2_ f Section, 1. Short Title. This law shall be known as the Freshwater Wetlands Protection Law of the Town of Queensbury. Section 2, Declaration of policy. It is declared to be the public policy of the Town of Queensbury to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, 'to prevent the despoliation and destruction of freshwater wetlands .and to regulate the development of such wetlands in order to secure the natuiral benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the Town. It is further declared to be the policy "of the Town of Queensbury to exercise its authority pursuant = to Article 24 of the State Environmental Conservation Law, as such article may s from time to time be amended. Section 3. Statement of findings. 1. The freshwater wetlands located in the Town of Queensbury are invaluable resources for flood protection, wildlife habitat, open space and water resources. 2. Considerable acreage of freshwater wetlands in the town has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such areas. Other freshwater wetlands are in jeopardy. of being lost, despoiled or impaired by such unregulated acts. 3. Recurrent flooding aggravated or caused by the loss of freshwater wetlands has. serious effects upon natural ecosystems. 4. Freshwater wetlands conservation is a matter of town ooncern. 5. Any loss of freshwater wetlands deprives the people of the Town 3 — y.y -3- of Queensbury of some or all of the many and multiple benefits to be derived from wetlands, to wit: (a), flood and storm control by the hydrologic absorption and -- storage capacity of freshwater wetlands; (b) wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species; (c)_ protection of subsurface water resources and provision for valuable watersheds and recharging ground water supplies; (d) recreation by providing areas for hunting, fishing, boating, hiking, bird watching, photography, camping and other uses; A (e) pollution treatment by serving as biological and chemical oxidation basins; (f) erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter and protecting channels g and harbors; (g) education and scientific research by providing readily acces- sible outdoor bio-physical laboratories, living classrooms and training and education resources; (h) open space and aesthetic appreciation; and (i) sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish. 7. Regulation of freshwater wetlands, in accordance with the agricul- tural exemption established in section S hereof, is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products of the wetlands, selectively cut timber and otherwise engage in. the use Of land for agricultural production. tiT- • f lu 11 -4 : Section 4. Definitions. The following terms, phrases, words and their derivatives shall have the meaning given herein: 1. "Adjacent area" means any land-In the Town of Queensbury immediately adjacent to a freshwater wetland lying within 100 feet, measured horizontally of the boundary of a freshwater wetland. 2. "Agency" means the Planning Board of the Town of Queensbury. 3. "Applicant" means any person who files an application for any permit issued by the Agency pursuant to this law, and includes the agent of the owner or a contract vendee. 4. "Board" means the Freshwater Wetlands Appeals Board established by Article 24 of the State Environmental Conservation Law. S, "Boundaries" of a freshwater wetland" means the outer limit of the vegetation specified in paragraphs (a) and (b) of subdivision 7 of this section and of the waters specified in paragraph (c) of such subdivision. 6. "Town" means the Town of Queensbury. 7. "Freshwater wetlands" means lands and waters lying within the boundaries of the Town of Queensbury as shown on a freshwater wetlands map which contain any or all of the following: (a) lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation of the following vegetative types: (1) wetland trees, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees; including, among others, red maple (Acer rubruym) , willows (Salix spp.) , black spruce (Picea mariana) ; swamp white oak (Quercus bicolar) , red ash (Fraxinus $ pennsylvanica) , American elm (Ulmus americana) , and larch (Larix laricina) ; ;. (2) wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage 'over other shrubs,; including, among others, alder (Alnus spp.) , buttonbush (Cephalanthus occidentalis) , bog rosemary (Andromeda glaucophylla) , and leatherleaf (Chamaedaphne calyculata) ; M (3) emergent vegetation, -including, among others, cattails (Typha spp.) , pickerelweed (Pontederia cordata) , bulrushes (Scirpus spp.) , arrow-arum (Peltandra virginica) , arrowheads (Sagittaria spp.) , reed (Phragmites communis) , wildrice. (Zizania aquatica) , bur-reeds (Sparganium spp.) , purple loosestrife (Lythrum salicaria) , swamp loosestrife (Decodon verticillatus) , and water plantain (Alisma plantago-aquatica) ; (4) rooted, floating-leaved vegetation; including, among others, water-lily (N)mphaea odorata) , watershield (Brasenia Schreberi) , and spatterdock (Nuphar spp.) ; (5) free-floating vegetation; including, among others, duckweed (Lemna spp.) , big duckweed (Spirodela polvrhiza) , and watermeal (Wolffia spp.) ; (6) wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other open land vegetation; including, among others, sedges (Carex spp.) , rushes (Juncus spp.) , cattails (Typha spp.) , rice cut-grass (Lerrsia oryzoides) , reed canary grass (Phalaris arundinacea) , swamp loosestrife (Decodon verticillatus) , and spikerush (Eleocharis spp.) ; (7) bog mat vegetation; including among others, sphagnum mosses (Sphagnum spp.) , bog rosemary (Andromeda glaucophylla) , leatherleaf (Chamaedaphne calyculata) , pitcher plant (Sarracenia purpurea) , and cranberries (Vaccinium macrocarpon and V. oxycoccos) • (8) submergent vegetation: including, among others, pondweeds (Potamogeton spp,) , naids (Naas spp.) , bladderworts (Utricularia spp.) , wild celery (Vallisneria americana) , coontail (Ceratophyllum demersum) , water milfoils (Myriophyllum spp.) , muskgrass (Chara spp,) , stonewort (Nitella spp.) , waterweeds .. ..... ..;' •., �._ .�s.i.. 1,,,�_a� _i__. ...„r::„c.�._=..i..r ,____ .. u_._. ... i.Le_xs.iL,ati.ahlYe...y �� (Elodea ) , and water snartweed (Polygonum amphibium) ; (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human inter- vention; (c) lands and waters enclosed by aquatic or semi-aquatic veg- etation as set forthe herein in paragraph (a) and dead vegetation as set forth in paragraph (b) , the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation; and (d) the waters overlying the areas as set forth in (a) and (b) and the lands underlying (c) , 8. "Freshwater wetlands map" means a map on which are indicated the a m boundaries of any freshwater wetland and which has been filed with the clerk of the Town of Queensbury by the State Department of Environmental Conservation Law, as such map may from time to time be amended. 9. "Local Government" means a city, county, town, or village. 10. "Party in interest" means the applicant, the Agency, the State Depart- ment of Environmental Conservation, each local government in which the reg- ulated activity or any part thereof ' is located, and any person who appears and wishes to be a party in interest at the public hearing held pursuant to section 7 of this law. 11. "Person" means any corporation, firm, partnership, association, trust, estate, one or more individuals, and any unit of government or agency or subdivisions thereof. 12. "Pollution" meann the presence in the environment of human-induced conditions or contaminants in quanities or characteristics which are or may be injurious to humans, plants, animals or property. 13. "Project" means any action which may result in direct or indirect t} �y ._ �v.i.. ._S:;:.• .�z L•...: .�_ __: ' . •-.. `r}35*:!?iC'1dR:".r. ♦ -7- t •I t . physical impact on a freshwater wetland, including but not limited to, any regulated activity. 14. "Regulated activity" means any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly or indirectly; any form of dumping, filling, or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind either directly or indirectly; erecting any structures or roads, the driving of pilings, or placing of any other obstructions whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to, installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid wastes directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land that involves any land in any freshwater wetland or adjacent area; and any other ac- tivity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in section 3 of this law. 15. "Selective cutting" means the annual or periodic removal of trees, individually or in small groups, in order to realize the yield and establish a new crop and to improve the forest, which removal does not involve the total elimination of one or more particular species of trees. 16. "State Agency" means any State department, bureau, commission, board or other agency, public authority or public benefit corporation. 17. "State" means the State of New York. 18. "Subdivision of land" means any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other t land use and development preparatory or incidental to any such division) by any �. � _r... .. .. .;• Mb c 0 1 I person or by any person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a .common scheme or plan. Subdivision of land shall include any map, plat or other plan of division of land, whether or not previously filed. Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses and shall not include the division of land by bona fide gift, devise or inheritance. Section 5. Permits. 1. Except as provided in subdivision 2 of this section, no person Shall conduct a regulated activity on any freshwater wetland or adjacent area unless such person has first obtained a permit pursuant to this law. 2. No permit under this law shall be required for: (a) The deposition or removal of the natural products of freshwater wetlands and adjacent areas by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping, where otherwise legally permitted and reg- ulated. (b) The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of wetlands or adjacent areas, selective cutting of timber, draining land or wetlands for growing agricultural products, and otherwise engaging in the use of wetlands or other land for growing agricultural products, except those structures not required for enhancement or 'maintenance of the agricultural productivity of the land any any filling activities shall not be excluded hereunder. Each farmer or other landowner who intends to conduct an otherwise regulated activity shall notify, the Agency in writing, prior to conducting the activity or his or her intention to engage in such activity, stating the approximate acreage of freshwater wetland or adjacent area affected, the location thereof, the methods to be employed, and the uses G yl+4r yrp �w..W.i.r+r..r.....:--. - �..�___._ Y 3 _.__ai.._—u _ 1�_ �_.l _ __.. r.W _ { .. ..._ �:.;•_fh'�'f,1.L . -9- to be made of such land. A soil and water conservation plan prepared by a I Soil and Water Conservation District and filed with the Agency shall be deemed j sufficient notification for the purposes of this paragraph. (c) Public Health activities, orders and regulations of the State Department of health undertaken in compliance with section 24-0701(5) of the State Environmental Conservation Law. (d) Activities subject to the review jurisdiction of the State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment under Article 7 or ARticle 8 of the State Public Service Law, respectively. The standards and restrictions of this law will be'applied by said bodies in determining whether to issue a certificate of environmental compatibility and public need under such articles. (e) Any actual and ongoing emergency activity which is immediately necessary for the protection and preservation of life or property or the pro- tection or preservation of natural resource values. Such emergency activities include, for example: search and rescue operations, preventive or remedial activities related to large-scale contamination of streams or other bodied of water; floods, hurricanes and other storms; and public health concerns. Within five days of the end of such an emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity under this law, the person chiefly responsible for undertaking such emergency activity shall. send a written statement to the Agency setting forth the pertinent facts regarding such emergency, including an explanation of the life, property or resource values such activity was designed to protect or preserve. (f) Any activity located in a freshwater wetland where such wetland is located in more than one city, town or village. 11A'4i� _10_ i (g) Ordinary maintenance and repairs of existing structures or improved areas which does not involve' expansion or substantial restoration, reconstruction, rehabilitation or modification, including but not limited to bridges, roads, highways, railroad bed, bulkheads, docks, . piers, .pilings or paved streets. (h) Any land use, improvement or development for which final approval shall have been obtained prior to September 1, 1975 from the Town. As used in this paragraph the term "final approval" shall mean:" (1) in the case of the subdivision of land conditional approval of a final plat as the term is defined in Section 276 of the Town Law. (2) in the case of a site plan not involving the subdivision of land, approval by the appropriate body or office of the Town of the site plan; and (3) in those cases not covered by (1) or (2) above, the issuance of a building permit or other_ authorization for the commencement of the use,. improvement or development for which such permit or authorization was issued. Section 6. Application for permit; processing 1. Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this law upon any freshwater wetland or adjacent area, shall file an application for a permit with the clerk of the Town of Queensbury. The clerk shall immediately forward such application to the Agency. }a f I ' { y l' i Ek4 it 2. An application for a permit shall be filed by the applicant on a form prescribed by the Agency. Such application shall set forth the purpose, character and extent of the proposed regulated activity. The application shall include a detailed description of the regulated activity, a map showing the area of freshwater wetland or adjacent area directly affected, with the locaton of the proposed regulated activity thereon, a deed or other legal description describing the subject property, and such additional information as the Agency deems sufficient to enable it to make the findings and determinations required under this law. The application shall be accompanied by a list of. the names of the owners of record of lands adjacent to the freshwater wetland or adjacent area upon which the project is to be undertaken and the names of known claimants of water rights, of whom the applicant has notice, which relate to any land . within, or within one hundred feet of the boundary of,. the property on which the proposed regulated activity will be located. An application shall not be deemed to be completed or received until the Agency determines that all such information, including any additional information requested, has been supplied in a complete and satisfactory form. 3. The clerk of the Town of Queensbury shall cause a copy of such completed application to be mailed to all local governments where the proposed activity or any part thereof is located. 4. Within five days of its receipt of a completed application for a { permit regarding a porposed regulated activity, the Agency shall provide the applicant with a notice of application which the applicant shall publish at his or her own expense at least once in each of at least two newspapers having a general circulation in the town. " Said notice of application shall be in a form prescribed by the Agency and shall: (a) specify that persons wishing to object to the application should file a notice of objection by a',specified date, together with a statement of the precise grounds of objection to the application, with the Agency; (b) specify that if no notices of objection are,.timely filed ,or if the Agency determines that the proposed activity is of such a minor cause as to not affect or endanger the balance of systems within any freshwater wetland, then the Agency, in its discretion, may determine a hearing is not necessary and dispense with the public hearing; and (c) specify that the application, including all documents and maps therewith, is available for public inspection at the office of the clerk of the ; Town. Notwithstanding any other provision of this section, the Agency, may in its .discretion dispense with the requirement for a notice of appli-. cation and require a notice of hearing pursuant to subdivision 6 of this section. 5. (a) No sooner than thirty days and not later than sixty days after its receipt of a completed application for a permit regarding a proposed regulated activity, and after the publication of a notice of application pursuant to subdivision 4 of this section, the Agency shall hold a public 1 hearing on such application at a suitable location in the Town, which hearing shall be held pursuant to the provisions of section 7 of this law.. (b) Notwithstanding the provisions of paragraph (a) of this ' I F -13- subdivision, whiere no .notice of objection to the notice of application pub- lished pursuant to subdivision 4 of this section shall have been filed within the time specified by that notice or where the Agency determines that the proposed activity is of such a minor nature as not to affect or endanger the balance of systems within any freshwater wetland, the Agency may, in its dis- cretion, dispense with such hearing. Where the Agency finds that a public hearing is not necessary, it shall publish a decision setting forth its reasons therefor, which decision shall be a matter of public record and shall be mailed to each local government where the proposed regulated .activity or any part thereof will be located. Public notice of such decision that a a public hearing is not necessary shall be provided in the same manner as notice of application set forth in subdivision 4 of this section. 6. (a) The Agency shall within twenty-one days of receipt of a com- pleted application provide the applicant with a notice of hearing which the applicant shall publish at his or her own expense at least fifteen days prior to the date set for the hearing, at least once in each of at least two news- papers of general circulation in the Town. (b) At least fifteen days prior to the date set for the hearing, the Agency shall be certified mail provide a notice of hearing to each local government within whose boundaries the proposed regulated activity or any portion thereof will be located, (c) At least fifteen days prior to the date set for the hearing the Agency shall by certified mail provide notice of hearing to all owners 'f of record of land adjacent to the affected freshwater wetland or adjacent area and to all known claimants of water rights, of whom the applicant has notice, which relate to any land within, or within one hundred feet of the boundary of, the property on which the proposed regulated activity will be located, (d) :The notice of hearing shall: (1) state the name of the applicant; , (2) specify the location and outline the scope of the pro- posed regulated activity; . (3) specify the date, time and place of the public hearing on the application; (4) specify that persons wishing to be parties in interest and eligible to be heard at such public hearing, if any, should file a notice of appearance by a specified date, together with a statement of the precise grounds of support of, opposition to or interest in the application, with ; the Agency; (5) specify that any person who wishes to be a party in interest without filing a notice of appearance may do so by appearing at the public hearing and indicating his or her desire to be a party in interest, if a public hearing is held; (6) specify that if no notices of appearance are timely filed by any party in interest and if the applicant waives any public hearing, then the public hearing may be cancelled by the Agency; and (7) specify that the application, including all documents and maps therewith, is available for public inspection at the office of the clerk of the Town. 7. The Agency shall make the application, including all documents and maps associated with it, available for public inspection at the office of the clerk of the Town. 8, If no timely notice of appearance has been filed as provided in the notice of hearing published pursuant to subdivision 6 of this section and the applicant waives in writing any public hearing on his or her application, the Agency may dispense with a public hearing and in such instance shall provide public notice of the cancellation of the hearing. €+ I 44 8 rJ°., 'i € € .4 VMS -15- 9. For ariy notice cancelling a hearing which has been scheduled, notice shall be given on the same basis as the notice of public hearing provided in subdivision 6 of this section. 10. The Agency may establish permit fees to assist in its implementation of this law. Section 7. Public hearing on a permit application. 1. Any public hearing held on_a permit application received under this law shall be conducted by a hearing officer designated by the Agency. The hearing officer shall have full authority to control the conduct and procedure of the hearing, and shall be responsible that a complete record of the hearing be kept. The public hearing shall be held within the Town. 2. (a) Any person may appear as a party in interest, notwithstanding the failure of .such person to file a timely notice of appearance, by appearing at the hearing and making known his or her desire to be a party in interest. Persons who are not parties in interest may be allowed to participate in the hearing where the hearing officer finds that such participation would be in the public interest. (b) All parties in interest shall be afforded an opportunity to present oral and written arguments on issues of law and policy and an opportunity to call witnesses in their behalf and to present oral and written evidence on issues of fact. The hearing officer shall permit the parties in interest to cross-examine witnesses but may limit such cross- examination to avoid the introduction of irrelevant or repetitious material in the record of the hearing. Section 8. Decision on permit application. 1. Where a public hearing has been held regarding a permit application a rt T. -i6- the Agency shall either issue the permit requested, with or without conditions or deny the application. The decision by the Agency to issue or deny a permit after public hearing shall be based on the record of the hearing and shall be made in writing within thirty days of the Agency's receipt of the hearing record. 2. Where 'no public hearing regarding a permit application has been held, either because a hearing was determined not to be necessary pursuant to paragraph b of subdivision 5 of section 6 of this law or because no notice of appearance was filed with regard to the public hearing and a hearing was cancelled pursuant to subdivision 8 of section 6 of this law, the Agency shall compile an official file consisting of documents submitted by the applicant and any additional documents relied on by the Agency with respect to the applica- tion. The Agency may also take notice of general, technical or scientific facts within the specialized knowledge of the Agency. Any document made part of such official file shall be available for inspection by the applicant and any interested member of the public. On the basis of such file, the Agency shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the pro- visions of this law. The decision by the Agency to issue or deny a permit or to order that a hearing be held shall be based on the official file and shall be made in writing within thirty days of its completion of the official file and in any event within sixty days of its receipt of a completed application. Pro- vided, that in the case where there have been no objections filed regarding - a proposed project, the issuance of a permit shall be deemed to be a written decision by the Agency. 3. A copy of the decision of the Agency on each application for a permit under this law shall be mailed by the Agency as soon as practicable t. r }rS tdaiJ ;ralj Pa. 7 ` -17- following such decision to the applicant and to each local government within whose boundaries the proposed regulated activity or any portion thereof is located and, if a public hearing has been held regarding the application, to each party in tnterest. Section 9. Standards for permit decisions. 1. In granting, denying or conditioning any permit, the Agency shall consider the effect of the proposed activity with reference to the public health and welfare, fishing, flood, hurricane and storm dangers, and protec- tion or enhancement of, the several functions of the freshwater wetlands and the benefits derived therefrom which are set forth in section 3 of this law. 2. No permit shall be issued by the Agency pursuant to this, law unless the Agency shall find that: (a) the proposed regulated activity is consistent with the policy of this law to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands, and to regulate the development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural devel- opment of the town. (b) the proposed regulated activity is consistent with the land use regulations applicable in the Town pursuant to section 24-0903 of Article 24 of the State Environmental Conservation Law; (c) . the proposed regulated activity is compatible with the public health and welfare; (d) the proposed regulated activity is reasonable and necessary; and (e) there is no reasonable alternative for the proposed regulated � Jw 3 + � 1 '�. �b w '��" _ t z: ..1 __ ^� 1' _ i ^j',srl♦k�sg'1 G1�``�+� '�"``��'"d. a"' activity on a site which is not a freshwater wetland or adjacent area. The applicant shall have the burden of demonstrating that the pro- _ posed regulated activity will be in accord with the standards set forth in this subdivision. 3. Duly filed written notice by the State or any agency or subdivision thereof to the Agency, that the State or any such agency or subdivision is in the process of acquiring the affected freshwater wetland on which a pro- posed regulated activity would be located by negotiation or condemnation shall be sufficient basis for denial of a permit for such regulated activity. Such notice may be provided at any time prior to the Agency's decision to issue or deny a permit for the regulated activity. Section 10. Conditions to a permit. 1. Any permit issued pursuant to this law may be issued with conditions. Such conditions may be attached as are necessary to assure the preservation and protection of affected freshwater wetlands and to assure compliance with the policy and provisions of this law and the provisions of the Agency's rules and regulations adopted pursuant to this law. ` 2, Every permit issued pursuant to this law shall contain the following conditions: (a) the Agency shall have the right to inspect the project from time to time; (b) - the permit shall expire on a date certain. (c) the permit holder shall notify the Agency of the date on which project construction is to begin, at least five days in advance of such date, and (d) the Agency's permit shall be prominently displayed at the project _ site during the undertaking of the activities authorized by the permit. I 3. The Agency shall set forth in writing the file it keeps regarding garding a permit application, its findings, and reasons for all conditions attached to any permit. r Section 11. General powers of the Agency. In order to carry out the purposes and provisions of this law, the Agency shall have the following powers: 1. To appoint officers, agents, employees, and prescribe their duties and qualifications and fix their compensation; 2. To adopt, amend, and repeal, after public hearing (except in the case of rules and regulations that relate to the organization or internal management of the Agency) , such rules and regulations, consistent with this law, as it deems necessary to administer this law, and to do any and all things necessary or convenient to carry out the purpose and policies of this law; 3. To contract for professional and technical assistance and advice; and 4. To hold hearings and subpoena witnesses in the exercise of its powers, functions and duties provided for by this law. Section 12. Other laws and regulations 1. To the greatest extent practicable, any public hearing held pursuant to section 7 of this law shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, Village Law, General City Law, General Municipal Law or Environmental Conservation Law relating to approvals or permits otherwise required for the undertaking of regulated activities on the freshwater wetland or adjacent area in question. 2. No permit granted pursuant to this law shall remove any person's obligation to comply in all respects with the applicable provisions of any other aj{G' WI� w, � := h "!#?h''"i-• �9`�_�"i� � rr„h � y .:� � r°, a '*`. r. G �'� t” i .�,3 ,off' �.,.�.,, i�° -1U- - Federal, State or local law or regulation, including but not limited to the y acquisition of any other required permit or approval. Section 13. Bonding requirements. 1. The Agency may require that, prior to commencement of work under any permit issued pursuant to this law, the permittee shall post a bond with the Agency, in an amount determined by the Agency, conditioned upon the faithful compliance with the terms of such permit and for the indemnification of the Town for restoration costs resulting from failure to so comply. Such bond shall be issued by a corporate surety authorized to do business in the State and shall be in favor of the Town. It shall remain in effect until the Agency certifies that the work has been completed in compliance with the terms of the permit or the bond is released by the Agency, or a substitute bond is provided. 2. The Agency shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for imposing a bond pursuant to this section. Section 14. Suspension or revocation of permits. 1. The Agency may suspend or revoke a permit issued pursuant to this law where it finds that the permittee has not complied with any or all terms of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the application. 2, The Agency shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for revoking or suspending a permit pursuant to this section. Section 15. Violation; penalties. 1. Administrative sanctions. Any person who violates, disobeys or dis- i regards any provision of this law, including any provision of any permit issued pursuant to this law or any rule or regulation adopted by the Agency pursuant to this law, shall be liable to the people of the State for a civil penalty of not to exceed three thousand dollars for every such violation, to be assessed, after a hearing or opportunity to be heard upon due notice and with the rights to specification of the charges and representation by counsel at such hearing, by the Agency. Such penalty may be recovered in an action brought by the Attorney General at the request and in the name of the Agency in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Agency before the matter has been referred to the Attorney General, and such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Attorney General with the consent of the Agency. In addition, the Agency shall have power, following a hearing held in conformance with the procedures set forth in section 71-1709 of the State Environmental Conservation Law, to direct the violator to cease his or her violation of this law and to restore the affected freshwater wetland to its condition prior to the violation, insofar as that is possible within a reasonable time and under the supervision of the Agency. Any such order of the Agency shall be enforceable in an action brought by the Attorney General at the request and in the name of the Agency in any court of com- petent jurisdiction. Any civil penalty or order issued by the Agency pursuant to this subdivision shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules. 2. Criminal sanctions. Any person who violates an order, permit or rule or regulation of the Agency regulating freshwater wetlands and adjacent areas pursuant to this law shall, in addition, for the first offense,, be guilty 4f a violation punishable by a >fine of not less than five hundred nor more than one thousand dollars; for a second and each subsequent offense he or she shall ;; ; i�� `�► ,� � utaj l r t "�t ?, w z;° s7x,ZP>, a,. x' •rn,f i s a e 3r a r �* a x n be guilty of ,a,misdemeanor punishable by a fine of not less than-one thousand -nor � more than two thousand dollars or a term of imprisonment of not less than fifteen days nor more than six months or both. Instead of these punishments, any offender may be punishable by being ordered by the court to restore the affected fresh- water wetland to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable` time for the completion of such restoration which shall be effected under the supervision of the Agency. Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offenses Section 16. Enforcement. 1. The Attorney General, upon his or her own initiative or upon complaint of the Agency, shall prosecute persons alleged to have violated any such order of the Agency pursuant to this law. 2. The Agency shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of this law. Section 17. Review and appeal. 1. Any decision or order of the Agency, or any officer or employee thereof, made pursuant to or within the scope of this law may be reviewed at .the instance of any person affected thereby, including but not limited to any a" owner of the affected wetland or adjacent area and any resident or citizen of the Town, by the Board in accordance with- title 11 of Article 24 of the State Environmental Conservation Law, provided such review is commenced by the filing with the Board of_a notice of review within thirty days after service of such order or notice of such decision give, as the case may be. : y 2. Any party to any proceeding before the Agency may make an appeal to .w M A 4i w F the Board in accordance with title 11 of Article 24 of the State .Environmentaf Conservation Law from any order or decision of the Agency, or any officer or employee thereof, issued or made pursuant. to or within the scope. of this law, provided such appeal is commenced by the filing with the Board of a notice of appeal within thirty days after service of such order or after notice of such decision given, as the case may be. 3. Any decision or order of the Agency, or any officer or employee thereof, made pursuant to or within the scope of this law may be reviewed at the instance of any person, including but not limited to any any owner of the affected wet- land or adjacent area and any resident or citizen of the Town, in accordance with Article 78 of the State Civil Practice Law and Rules, provided such review is commenced within-thirty days of the filing of such decision or order; and the limitation upon the availability of such remedy as prescribed in section —� 7801 of the Civil Practice Law and Rules shall not be applicable to the applications for review of determinations and orders made pursuant to this law, 4. The institution of a judicial proceeding to review a determination or order of the Agency shall preclude the institution of a proceeding before the Board to review such a determination or order. The availability of such by the Board shall not affect the right of any person to seek review of a determination of the Agency as provided in Article 78 of the State Civil Practice Law and Rules. Section 18. Severability. If any section of this law or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in - which it was rendered and shall not affect or invalidate the remainder of any I � � 'fsYwauLL -",d -24- 1 provision of any section or the application of any part thereof to any other - person or circumstances and to this end the provisions of each section of this law are hereby declared to be severable, Section 19. Non-Applicability to activities involving Freshwater wetlands located within Adirondack Park By virtue of section 24-0707 of the Environmental Conservation Law, this law. and the procedures established hereby are not applicable to activities which involve freshwater wetlands located within the Adirondack Park. Section 20. Effective date. This law shall take effect upon the filing with the clerk of the Town of the final freshwater wetlands map by the State Department of Environmental Conservation pursuant to section -24-0301 of the New York State Environmental �I Conservation Law applicable to any or all lands within the Town, 1 X Z t _ 1r 1 t is jai 5t' i � r 3 a Hx I ,. CERTIFICATE OF T014N CLERK --- I, DARLEEN DOUGHER, Deputy Town Clerk of the Town of Queens- , bury, County of Warren, State of New York, do hereby certify that the foregoing FRESHWATER WETLANDS PROTECTION LAW is a true and accurate copy of the local law duly adopted by the Town Board of the Town of Queensbury on the 24th day of August, 1976 . ar een Doug C' v ; r F CERTIFICATE OF TOWN COUNSEL I, JOSEPH R. BRENNAN, Zbwn Counsel of the Town of Queensbury, County of Warren, State of New York, do hereby certify that the foregoing certified copy of the FRESIiMM WEt7 ANDS PROTECTION LAW of the Zbwn of Queensbu y, Warren County, New York contains the correct text of said local law and that all proper proceedings in accordance with law have been had or taken for the enactment of such local law. s dJoseph R. Brennan 4 e 1� the dwellings are mobile homes I will not oppose it. Someday someone is going to get hurt real bad, investing their life savings into a lot that may not hold up to the qualifications set forth by the Town. Councilman Olson- I agree with Councilman Robillard - we must get this message across that when a mobile home is sold it does not automatically hold a permit for the new owner. . .I have investigated this site and spoke with the Durkees, I see no objections since there was a mobile home on the lot and it is a good size lot and the plot plans show an adequate septic system and a well. Supervisor Brandt- The Hearing is Closed. 7 : 34 P .M. Councilman Robillard noted that the Durkees are natives of Queensbury RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOPE RESOLUTION NO. 212, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Michel Brandt: WHEREAS , Mr. & Mrs . Sydney Durkee has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NE14 YORK, to locate a mobile home at property situated on Warren Lane, and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring; to be heard in favor of or a*nst said application, and WHEREAS , it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Mr. & Mrs. Sydney Durkee to locate a mobile home at property situated at Warren Lane and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber Town Counsel- Joseph Brennan- noted that although this mobile home permit was called a perent-permmit the Town Board could revoke the permit if it was found that a hardship no longer existed. . . Councilman Robertson- asked Supervisor Brandt to explain the proposed sales tax resolution. . . Supervisor Brandt-This is an attempt by us to have tighter control on the monies which we legally can control. The sales tax a portion of it that is paid by everybody in the county other than in the city, can be applied directly to the counties financing,, as .it is now or we can under this option ask that it be credited directly to us in cash for the town' s use. There is some indication that this would in fact generate more federal revenue sharing for the town, we do not know that for sure. If it does� it would probably decrease the Federal Revenue Sharing to the county. In effect it would give us more control over the monies that we are generating through sales tax. — When the County raises their expenditures they are going to haveTo raise their tax rate, they are going to have to face the public for raising taxes. Right now they can raise their expenditures and utilize the sales tax and give us what is called a tax credit, which saysthat you have already paid part of the property tax the county would normally levy through the sales tax. I would like to get a firmer control of that sales tax in the hands of the Queensbury residents and their board of the town. Councilman Robertson- If I understand you, Mike, it really is a matter if the county spends money it will raise it' s tax rate but it will appear on the tax bill in roughly the same amount as it would either as a decrease in Queensbury' s Tax rate for the county or . . . 100 Supervisor Brandt- That is right, but it is very convenient for the county right now as they have this year cut,,down on the sales tax that is coming back to the Town and give us a quote tax credit° which in effect means that they don' t have to raise the county tax but we have to raise the Town Tax. When we have to look at raising the Town TaxJit is solid hell for us , when it is really not us that have increased the spending I do not think the public understands who is causing the problem. I would like to control the sales tax under this law,, I would like to have the county face the tax payer and say we are raising taxes because we increasedexpenditures , rather than the Town of Queensbury Officials facing their public and saying we are raising taxes because the county increased their expenditures. Councilman Robillard- I believe you have spoken with the City and Village of Lake George , they both take tax money . . . do they find that an advantage? — Supervisor Brandt-without any question. Councilman Robillard-The Town of Queensbury had the option to do this a few years ago and we weighed both sides and it was more ox less a wash- out. With the expenses climbing on county government and the fact that the Queensbury Board is being put to the wall for new programs . . . I agree that we have control of the expenses we could put the screws to it and control it better than someone else at the county level. I just want to make sure it is to our advantage and I am just going to have to take your wisdom as our Chief Fiscal Officer to say yes, in my view this is the thipg we ouglt to do, and I agree with tat philosophy. I rather have control of myt._money than have a budget officer have control of my money and say this is what I am going to do, in a different level of government. Councilman Olson- Is the sales broken down into two paymentsjone that the county uses as credits and one part of that they turn back to us , I know in our budget we always show sales tax we received in account. Supervisor Brandt- What happens is, if the .county has to guess how much revenue is coming in as it stands right now, and if they know historically a certain amount of sales tax revenue comes into the county) if they guess or put in to their revenue part of their budget the entire amounts then nothing comes back to the Town. If they guess that a little less than the entire amount going to come in and the entire amount shows up the difference is split up between the towns. Under this forumla a set percentage would be coming to the town, as cash. Councilman Olson- We would be about under the same situation as the City of Glens Falls that all of the county sales tax that is collected in the City goes back to the City, it is filed on a seperate line on the sales tax return as the City or outside the City for Warren County. You could not use this money for special districts only General Funds. . . Supervisor Brandt- It would have to be.the General Fund. Councilman Olson- I see no problem with it . . . it would be a good step forwatd for us in our financing. . . Councilman Robillard-This would just about put an end to the tax credits on the county._level if Queensbury more or less bails-out of the present system and Glens Falls having done so when the Sales Tax came out than the biggest Village in Warren County is out then Queensbury decides that they are no longer going to go with the assessment route and have the funds divided I think that this might put the Warren County Board of Supervisors in a percarious position where they are going to have to start dealing with the people. Supervisor Brandt- It could do that, it depends on how the other towns look . at it and if they follow suit. . . Councilman Robillard- I would think they would have to if your biggest contributors to the sales tax system are pulling out for individual payments . , back it seems to me that that would be the only way out for them. Supervisor Brandt- This came about because of a discussion with Audit and Control about our finances and they suggested that we investigate this option because they felt that the Town was in tough financial shape and this is an option to help our condition and it is one we really need to do. It keeps control of finances of the closest possible place. . . � z Councilman Robillard-If we have a half a million dollars coming in tax credit I feel that sitting here as one of five I can spend that money wiser than a Board representing the entire county, for our people. RESOLUTION PURSUANT TO TAX LAID SECTION 1262 TO PROVIDE THAT CERTAIN SALES TAX REVENUES BE PAID DIRECTLY BY THE COUNTY OF 14ARREN TO THE TOWN OF QUEENS- BURY FOR EXPENDITURE FOR ANY TOWN PURPOSE RATHER THAN FOR SAID SALES TAX REVENUES TO BE APPLIED TO REDUCE COUNTY TAXES LEVIED UPON REAL PROPERTY IN THE TOWN OF QUEENSBURY RESOLUTION NO. 213, Introduced by Mr. Michel Brandt who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, certain sales tax revenues received by the County of Warren have in the past been applied by the County as a credit toward and to reduce County taxes levied upon real property situate in the Town of Queensbury, and WHEREAS, Tax Law Section 1262 specifically authorizes the Town of Queensbury to provide by resolution that the amounts which would be so applied to re- duce the County taxes levied upon real property in the Town be paid instead directly to the Town to be used for any Town purpose, and WHEREAS, it appears to be in the best financial interest of the Town to have said sales tax revenues paid directly to the Town for use for any Town purpose rather than to have said funds applied as a credit by the County of Warren to reduce the County taxes levied upon real property situate in the Town of Queensbury, and WHEREAS , it appears that such action may entitle the Town of Queensbury to receive a greater sum in federal revenue sharing funds, Now, Therefore be it RESOLVED, that the Town of Queensb—ury elects , pursuant to Tax Law Section 1262, to provide and hereby provides that for the calendar years subsequent to the enactment or adoption of this resolution, the Towm of Queensbury be paid directly by the County of Warren any amounts of sales tax revenues to which the Town is entitled as a matter of law for use by the Town for any Town purpose rather than for said sums to be applied as a credit to reduce County taxes levied upon real property situate in the Town of _ Oueensbury and it is further RESOLVED, that the Town Clerk of the Town of Queensbury be directed to immediately mail a certified copy of this Resolution by registered or certified mail to the chief fiscal officer of the County of Warren. Duly adopted this 28th day of September, 1976 by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber RESOLUTION TO TRANSFER ON A TEMPORARY LOAN BASIS THE SUM OF SEVENTY-FIVE THOUSAND ONE HUNDRED ($75, 100.00) DOLLARS FROM THE TOWN OF QUEENSBURY GENERAL FUND TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 214, Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Queensbury Consolidated Water District issued and sold in April 1976 serial bonds in the amount of SIX MILLION EIGHTY-EIGHT THOUSAND ($6, 088, 000. 00) DOLLARS and has incurred indebtedness as a result thereof and WHEREAS, as October 1, 1976, an interest payment in the amount of TWO HUNDRED SEVENTY-EIGHT THOUSAND SIX HUNDRED EIGHTY ($278, 680.00) DOLLARS is due and payable by the Queensbury Consolidated Water District on said indebtedness and WHEREAS , there presently exists a deficit in the funds of said Water District as a result of which only the sum of approximately TWO HUNDRED THREE THOUSAND SIX HUNDRED ($203,600. 00) DOLLARS is available in funds of the Queensbury Consolidated Water District for use in payment of said interest due as of October 1, 1976 , and WHEREAS , the full faith and credit of the Town of Queensbury was and has been pledged in support of the payment of the indebtedness of the Queensbury Consolidated Water District and WHEREAS, it is necessary that a temporary loan be made by the Town of Queensb-ury from its general fund to the Queensbury Consolidated Water District to prevent the default by the Queensbury Consolidated Water District on the payment of the interest indebtedness due as of October 1, 1976, and EITIEREAS, the Department of Audit and Control of the State of New York has approved the transfer of monies from the general fund of the Town of Queensbury to the Queensbury Consolidated Water District on a tempor- ary loan basis and WHEREAS, said loan will be repaid to the Town of Queensbury by the Oueens- — bury Consolidated Water District no later than February 1 ,- 1977 from tax revenues received by the Queensbury Consolidated Water District or from other revenues received by said Water District, Now, Therefore be it RESOLVED, that the sum of SEVENTY-FIVE THOUSAND ONE HUNDRED ($75, 100. 00) DOLLARS bb transferred on a temporary loan basis to the Queensbury Consolidated Water District for a period until February 1, 1977, to be used by the Queensbury Consolidated Water District to pay the interest indebtedness of TWO HUNDRED SEVENTY-EIGHT THOUSAND SIX HUNDRED EIGHTY ($278,680. 00) DOLLARS due as of October 1, 1976. Duly adopted this 23th day of September, 1976 by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber RESOLUTION OF APPRECIATION RESOLUTION NO. 215 , Introduced by Mr. Daniel Olson who moved its adoption, secon e y Mr. Michel Brandt: ?WHEREAS, the Adirondack Balloon Festival was held at the Adirondack Community College on September 24, 25 and 26 in the Town of Queensbury, and WHEREAS, a great amount of work and effort was placed into this event, now, therefore be it RESOLVED, that the Town Board of the Town of Queensbury wishes to express their thanks to TUalter Grishkot and Philip Jackson for their untiring efforts and expertise in formulating this highly successful festival, and be it further RESOLVED, that thanks are also extended to the Balloon Sponsors and the Balloonist themselves for giving their time to make this event the success that it was and be it further RESOLVED, the Town Board also wishes to thank the County for their support. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None _ Absent : Mr. Barber Councilman Olson- noted that he received many comments from the partici- pants and they indicated that they wished to thank the citizens and the City and Town and County for the way they accepted them noted that they hoped they would be invited back . . . Supervisor Brandt- noted that he work with the Balloon Festival . . .very colorful and exciting event, and they are very fine people. . .wished to thank again Mr. Grishkot and Mr. Jackson and also Mrs . Grishkot RESOLUTION TO ADVERTISE FOR BIDS FOR FOUR "V" BOX SPREADERS RESOLUTION NO. 216. Introduced by Mr. Daniel Olson who moved its adoption, seconded by I1r. Michel Brandt : i S WHEREAS, Carl Garb , Highway Superintendent of the Town of Queensbury, has recommended that the Town Board advertise for bids for the purchase of four "V" Box Spreaders, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for four "V" Box Spreaders and that the following notice be published in the official newspapers to read in the following form: NOTICE TO BIDDERS NOTICE is hereby given that-the Town Board of the Town of Queensbury will receive sealed proposals on four "V" Box Spreaders , A complete copy of the specifications will be available in the Office of the Town Clerk. Bids will be received up to 5 : 00 P.M. on the 26th day of October, 1976 at the Town Clerk' s Office in the Queensbury Town Office Building, Bay and Haviland Roads , Glens Falls , New York 12801. Bids must be submitted in sealed opaque envelopes marked V BOX SPREADERS BID and there shall be included in such bid the Certificate of Non-collusion required by Section 103D of the General Municipal Law and the bidder must state the approximate date of delivery. The Town Board will meet at the Queensbury Town Office Building at 7 : 30 P.M. on the 26th day of October, 1976 at which time the bids will be opened and read aloud. The Town Board reserves the right to reject any or all bids. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent : Mr. Barber Ltr. RECEIVER OF TAXES September 24, 1976 7 Town Board Town of Queensbury Bay & Haviland Roads Glens Falls , New York Dear Sirs , I hereby request that Miss Darleen Dougher be appointed a Deputy Receiver of Taxes for the week of September 27 , 1976 , due to the hospitalization of the Receiver of Taxes Mrs . Eggleston. The work load for this week will be increased greatly and I feel that I cannot handle it alone. Respectfully, /s/ JV: dmd Jacqueline VanDerwarker Deputy Receiver of Taxes RESOLUTION AUTHORIZING APPOINTMENT OF DEPUTY RECEIVER OF TAXES AND ASSESSMENT RESOLUTION NO. 217 Introduced by Mr.Harold Robillard who moved its adoption, seconded by Mr. Michel Brandt: WHEREAS, it appears that Betty Egglestion, Receiver of Taxes will be hospitalized for an unknown length of time and WHEREAS, the Deputy Receiver of Taxes Jacqueline VanDerwarker feels that additional help will be needed the week of September 2.7th to help in the collection of School Taxes, Now, Therefore be it RESOLVED, that Miss Darleen Dougher be appointed as a Deputy Receiver of Taxes for the week of September 27th and she shall have the power to perform all duties of the Receiver of Taxes and Assessments and such further duties as the Town Board may determine, not inconsistant with law. Duly adopted by the following vote : Ayes: Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE GENERAL FUND RESOLUTION NO. 218, Introduced by Mr. Harold Robillard who moved its adoptio-n, seconded by Mr. Daniel Olson: WHEREAS, the Supervisor' s contractual account A1220.4 will require an additional $50. 00 to cover expenses chargable to that account, and WHEREAS, the need for additional services in the Builidng and Zoning department has caused an unanticipated expenditure in Personal Services A8020. 1, THEREFORE BE IT RESOLVED, to transfer $50. 00 from the Engineer' s Personal Services Account A1440. 1 to A1220.1 and to transfer $1, 350.00 from A1440. 1 to A8020. 1 . Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE PINEVIEW CETM,ETERY ENTERPRISE FUND RESOLUTION NO. 219 , Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, approval was granted for the purchase of a new lawn mower charged to account C8810. 2 and, WHEREAS, funds were not totally available within that account to meet such expense, THEREFORE BE IT RESOLVED, to transfer $250. 00 from surplus Pineview Revenue to C8810.2. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE WEST GLENS FALLS ?STATER DISTRICT RESOLUTION NO. 220, Introduced by Mr. Harold Robillard who moved for its ad-option, seconded by Mr. Hammond Robertson: _ WHEREAS, the disbursement of water rent refunds to various residents of the West Glens Falls Water District was an unanticipated expense, and WHEREAS, such expense was charged to Account #SW3 8310.4, Administration Contractual , THEREFORE BE IT RESOLVED, to transfer $500. 00 from SW38340.4, Transmission and Districution, to SW38310.4 Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber COMMUNICATIONS -Mobile Home Application of Tammy and David Chandler of Apt. 36B Henry Hudson Townhouses to locate a mobile home on Leo Street, owners of the property Tammy and David Chandler- hardship given. . . Councilman Robillard- Mr. Liapes and myself met with the Chandlers and the landowner about a month ago and Mr. & Mrs . Chandler have agreed this does not meet the specifications as set forth by the building code but they wish to locate in a mobile home area, and they have agreed in fact they have had the dwelling inspected by John Enzig of the Fire Underwriters Association and they also have agreed to install fire detection equipment within the mobile unit . . . RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 221, Introduced by Mr. Harold Robillard who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Tammy and David Chandler has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Oueensbury 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 Leo Street, and WHEREAS , it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this boated, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance the town board shall conduct a public hearing on said application on October 26, 1976 at 7 : 30 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town 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, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber Ltr. Case #1760170 Case ;`1760171 September 21, 1976 Mr. Michael R. Brandt Town Supervisor Town of Queensbury Queensbury Town Office Building, Bay and Haviland Roads , RD7r1 Glens Falls , NY 12801 Re: Linear Speed Requests East Sanford Street Cleverdale Road Tbwn-of Queensbury Warren County Dear Mr. Brandt: We have now completed our review of your requests for lower speed zones on Cleverdale Road and East Sanford Street in the Town of Queensbury. We have the following comments to make on each of these town highways : Cleverdale Road - We have written orders for a lower zone on this highway from a point O.lf miles south of Gunn Lane to the northerly end of the highway. In our review, we found this area to be very dense with roadside development and indeed justifies a lower zone. The other portion of this road to Route 9L is scarce in development and the existing curve warning signs are adequate. 106 East Sanford Street - Our survey of this area showed the lack of roadside development to justify a lower zone. It seems the problem here is the tennis and swim club. We feel if the brush and shrubs were cleared on the north side of the highway in the-vicinity of the club, it would increase the sight distance of vehicles exiting and help alleviate the problem. We also suggest the establishment of some sort of bike trail along the highway if there are a great number -of bicyclists as you mention. Another suggestion is the erection of an intersection sign with the legend "Driveway" below to warn motorists of the driveway to the tennis club. The New York State Police concur with our recommendations. If any further questions arise , please contract W. Baumann at 474-6377. Very truly yours, J. W. Kelly Regional Traffic Engineer A14NOUNCEMENTS : Public Information meeting October 7th at 7: 30 P.M. at the Queensbury Town Office Building re: Sewer Dist. October 5th Special Town Board Meetingf_or Town Clerk to turn over Budget to the Town Board 7 :00 P.M. Councilman Robillard- noted that several residents- of Big Boom Road have requested Cable T.V. but have been refused, they are now signing a petition for the service. . . Supervisor Brandt- noted that a meeting will be set u.p with the Cable T.V. Company and if that fails a Public Hearing will be held. . . REPORTS : Councilman Robillard waived the reading of the reports : Supervisor' s report-August 1976 on file -- Highway Report-August 1976 on file Budget Control Sheets-August 1976 on file Supervisor Brandt- excused himself from the meeting noted that he had to attend a County Board Meeting in regard to the West Mountain Infirmary. . . Deputy Supervisor Daniel Olsen chaired the meeting. . . OPEN FORUM: Mrs. Elmore- question the board on why there could not be another patrolman on duty on court nights so there is coverage in the town. -. noting an incident that took place last monday night. . . Councilman Robillard- noted that he wished there could be more patrolman for Queensbury but it was not financially possible at this time, noted that there are now 11 men on duty and that it was physically impossible to have any more coverage with that many men. . . Hoped Mrs. Elmore would come out at budget time and request more money for more patrolman in the Town. . . Deputy Supervisor Daniel Olson- again recognized Troup 16 of the ToT of Queensbury Boy Scouts. . . Unknown- inquired-_&s-- to the progress between the Town of Queensbury and the City in regard to the Landfill and the plans as to the implementation of the Granges report. . . Councilman Robertson- we are at a point that I would hope that,within .the next ten days we will have a formal announcement— there has been an agreement that there will be a joint release of information. . . .the Granges report has been considered and some of it will be used in one phase or another. . . On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk