Loading...
1995-02-27 REGULAR TOWN BOARD MEETING FEBRUARY 27, 1995 7:05 P.M. MTG #13 RES137-l56 B.H. 3-5 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN NICK CAIMANO BOARD MEMBER ABSENT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS HIGHWAY SUPERINTENDENT, PAUL H. NAYLOR WASTEWATER SUPERINTENDENT, MIKE SHAW EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, JIM MARTIN COMPTROLLER, CATHERINE GEOFFROY PRESS: Moreau Sun PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne called meeting to order. Read the following resolution into the record. RESOLUTION OF CONGRATULATIONS RESOLUTION NO. 137,95 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, as of February 27, 1995, Arthur Duell is 100 years old, and WHEREAS, Arthur Duell joined the Queensbury Senior Citizens on June 26, 1987, and is now the oldest member of the Queensbury Senior Citizens on record, and WHEREAS, Arthur Duell was born in 1895 in the same house in which he resides today at 60 Main Street, Queensbury, and WHEREAS, at age 18 Arthur went to work at c.v. Peters Clothing Store where he remained for 47 years retiring in 1960, and WHEREAS, Arthur Duell is a life member for over 70 years at the Glens Falls American Legion #233, he has been a member of the Masonic Senate Lodge #456 for 75 years and, he is a life member of the West Glens Falls Fire Department, which he helped to organize, being it's first President, NOW, THEREFORE BE IT RESOLVED, that the Town Board, in observance of Arthur Duell's 100th birthday, and on behalf of the citizens of the Town of Queensbury, wish to say "Congratulations" and "Happy Birthday" on your hundredth year within the Town of Queensbury. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver PUBLIC HEARING PROPOSED LOCAL LAW - FIRE PREVENTION & BUILDING CONSTRUCTION NOTICE SHOWN 7:11 P.M. SUPERVISOR CHAMPAGNE-We'll open the public hearing on that one. Is there anyone here to speak on behalf or against the proposed fire prevention and building construction new town law? Actually it deals with the wet chemical fire extinguishing system. I guess, Paul do you have anything more to add to that? ATTORNEY DUSEK-From what Kip Grant explained to me it's a technical change to allow them to be able to have some sort of regulation on that system. There is none right now as I understand it. EXECUTIVE DIRECTOR, MR. MARTIN -Yeah, Kip wrote up a short note he couldn't be here tonight he had some personal commitments. He just is saying basically what Paul said that there is a lack of standards right now for wet systems. All that the State Code has is dry systems and this would cite a NFP A Standard 17 A on Wet Chemical Extinguishing Systems as the standard for the Town. SUPERVISOR CHAMPAGNE-Is there anyone else here to speak in reference to that. Then we'll close the public hearing? Anyone else from the Town Board? COUNCILMAN CAIMANO-No. I'll move it. PUBLIC HEARING CLOSED 7:13 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 5, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 88 THEREOF, ENTITLED "FIRE PREVENTION AND BUILDING CONSTRUCTION" RESOLUTION NO. 138, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury Chapter 88, entitled "Fire Prevention and Building Construction," which amendment shall provide for compliance standards for wet chemical extinguishing systems, and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 88 thereof, entitled 'Fire Prevention and Building Construction' to Change the Title of Paragraph D, Number the Existing Sub-Paragraph, and Add a New Sub-Paragraph ~88- 23(D)(2) in Relation to Wet Chemical Extinguishing Systems", has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on February 27,1995, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the adoption of this Local Law is a Type II action under the terms and provisions of the regulations adopted by the Department of Environmental Conservation in accordance with the State Environmental Quality Review Act, since this is continuing administration and does not involve a major reordering of priorities, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 88 thereof, entitled "Fire Prevention and Building Construction", to change the title of paragraph D, number the existing sub-paragraph and add a new sub-paragraph ~88-23(D)(2) in relation to wet chemical extinguishing systems, which Local Law shall be known as Local Law No.5, 1995, the same to be titled and contain such provisions as are set forth in the copy of the proposed local law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver LOCAL LAW NO.: 5,1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 88 THEREOF, ENTITLED "FIRE PREVENTION AND BUILDING CONSTRUCTION" TO CHANGE THE TITLE OF PARAGRAPH D, NUMBER THE EXISTING SUB-PARAGRAPH, AND ADD A NEW SUB-PARAGRAPH ~88-23 (D)(2) IN RELATION TO WET CHEMICAL EXTINGUISHING SYSTEMS. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Paragraph (D) of ~23 of Chapter 88 of the Code of the Town of Queensbury, relating to supplementary administrative procedures and regulations concerning sprinkler systems, is hereby amended to read as follows: D. Fire Extinguishing Systems. (1) Sprinkler systems. (Reference: Uniform Code, Part 1163. 13b.) All commercial sprinkler systems shall be semiannually inspected, tested and repaired, as necessary, in compliance with the applicable nationally recognized standards referenced in this chapter or the Uniform Code. A copy of the inspection and testing shall be kept on the premises so that the same is available for examination. (2) Wet Chemical Extinguishing Systems. All wet chemical fire extinguishing systems shall comply with the current edition of NFP A 17 A, Standard on Wet Chemical Extinguishing Systems. SECTION 2. the Secretary of State. This Local Law shall take effect immediately upon filing thereof in the Office of PUBLIC HEARING - MOSES MOBILE HOME NOTICE SHOWN 7:13 P.M. SUPERVISOR CHAMPAGNE-We'll open the public hearing on the Moses mobile home. Anyone here to talk on behalf of that. GARY ....-I've been asked to help Mr. Moses in his quest for home ownership up on Bennett Road. I'm affiliated with Lamplighter Homes. I do have some pictures of what was on that site previously, what currently is on that road, and what we're proposing to put on that road. I don't know if any of you are familiar with Bennett Road. I do have some photographs would you like me to.... COUNCILMAN CAIMANO-Yeah, please. PHOTOGRAPHS SHOWN TO BOARD MEMBERS COUNCILMAN MONAHAN-Your talking about a double-wide? MR. KOPP-Exactly like this. SUPERVISOR CHAMPAGNE-These homes are not adjacent to this lot right, they are down a ways? MR. KOPP- They are in close proximity. COUNCILMAN MONAHAN-Jim was there ever a mobile home on that lot? EXECUTIVE DIRECTOR, MR. MARTIN-I thought, I recalled that there was one. SUPERVISOR CHAMPAGNE-Yes there was. COUNCILMAN MONAHAN-Was that there by a permit Jim? The original one was it there by a permit? EXECUTIVE DIRECTOR, MR. MARTIN-I don't know how it was there. I just had information that there had been a mobile home occupied there within the last year from the applicant. SUPERVISOR CHAMPAGNE-How many months do they have before it's grandfathered, Jim? If the mobile home had been moved off of there eighteen months ago? COUNCILMAN CAIMANO-We don't know is that what your telling us Jim? SUPERVISOR CHAMPAGNE-We don't know if the original one was permitted or not is that right? EXECUTIVE DIRECTOR, MR. MARTIN-I don't know that. COUNCILMAN MONAHAN-Nobody researched that in the department to see what the history of this lot had been? EXECUTIVE DIRECTOR, MR. MARTIN-They didn't go that far back. MR. KOPP-From a legal standpoint though, Fred your right that would make a difference. SUPERVISOR CHAMPAGNE-Also we need to know the official date that the previous unit was moved. If it's been eighteen months then it's not grandfathered. COUNCILMAN TURNER-I think you should put it off until you research the history of the property find out what's there and let them come back. COUNCILMAN MONAHAN-And we have to get an exact that it was taken out, too. SUPERVISOR CHAMPAGNE-I have a letter that I need to read into the record from a Mrs. Gobel at 35 Bennett Road. She owns the house adjacent to the now vacant lot where this mobile home had previously been located. It's her understanding as she went back in her history that the mobile home was removed eighteen months ago, a year and a half she, herself, very much opposed to it. It is zoned as I understand it as one acre, family dwelling. Her comment to me was that back about two years ago she went in for refinancing and the bank would not refinance her home based on the mobile homes in and around the area. Since this mobile home had been removed she has been able to refinance her home. I also understand that there are two others according to her report, there are two other mobile homes at the end of the street which would be about lots or three other houses down. That, I want to go into the record. I don't believe she is here tonight or is she? She wasn't able to make it evidently. COUNCILMAN MONAHAN-Does anyone know the dimensions of this lot because we don't have that on here either we don't even have the size of the lot. I guess the mobile home dimension is twenty-six by forty. SUPERVISOR CHAMPAGNE-Its your feelings that this gets pulled and we'll deal with it next year? DEPUTY TOWN CLERK BARBER-I also have a letter to read into the record. SUPERVISOR CHAMPAGNE-I'm sorry go ahead. DEPUTY TOWN CLERK BARBER-Attention Queensbury Town Board, regarding the trailer and property on Bennett Road. We object to the trailer application adjacent to our property on the south side of Bennett Road we reside at 43 Bennett Road. Signed Mr. & Mrs. Joseph A. Paige COUNCILMAN MONAHAN-In the first place we've got an application here that's incomplete. It says this application for a mobile home permit shall be accompanied by a plot plan drawn reasonably to scale showing all dimensions, the size of the lot, the location on the lot of the mobile home, the water supply and sewage system. We don't have any of that not one bit of it. MR. KOPP-I didn't know that this wasn't provided to you. COUNCILMAN MONAHAN-At least it's not here with this here Jim. EXECUTIVE DIRECTOR, MR. MARTIN-I've never seen it. The only thing I've seen is that first page. COUNCILMAN MONAHAN-We don't even have enough information.... MR KOPP- The lot is a hundred by a hundred and fifty-seven. COUNCILMAN MONAHAN-That needs to be part of the application all that information. You have to have where the sewage is, where the placement of the home is. ATTORNEY DUSEK-I would recommend that you consider opening the public hearing and just leave it open. SUPERVISOR CHAMPAGNE-It is open. ATTORNEY DUSEK-To make sure everybody here that might have come had an opportunity to speak on it, too. SUPERVISOR CHAMPAGNE-We will continue to leave the public hearing open until such time we get the rest of the information and then move from that point. COUNCILMAN MONAHAN-Is there anyone else here that wanted to speak? SUPERVISOR CHAMPAGNE-Anyone else here to speak on behalf or against the mobile home? COUNCILMAN CAIMANO-We know what we need we need the legal background on the lot and we need to get some drawings. We can get those pretty easily it's the legal background that's going to hold us that we need to have. MR. KOPP- What steps would you like me to take next other than providing this plot plan for you folks? COUNCILMAN CAIMANO- The rest of it's ours. MR. KOPP-Require another meeting? COUNCILMAN CAIMANO- The first meeting in March we ready by then? COUNCILMAN MONAHAN-It's a week. SUPERVISOR CHAMPAGNE-We can do it next Monday. Thank you. EXECUTIVE DIRECTOR, MR. MARTIN-Can you give me a copy of that plot plan by tomorrow? PUBLIC HEARING LEFT OPEN PUBLIC HEARING - PROPOSED LOCAL LAW - TRANSIENT MERCHANT LAW NOTICE SHOWN 7:20 P.M. SUPERVISOR CHAMPAGNE-Anyone here to speak for or against the Transient Merchant Law? COUNCILMAN MONAHAN-Have there been copies provided for anybody who wants one? COUNCILMAN CAIMANO- The people who want them have them. SUPERVISOR CHAMPAGNE-Anyone here? Okay, Betty do you want to... COUNCILMAN MONAHAN-I'll think I leave this in Jim's bailiwick. EXECUTIVE DIRECTOR, MR. MARTIN-Basically what we have before us is essentially a total rewrite of the law. I think taking the existing law striking it completely and replacing it with what you have before you tonight. It sets forth a definition of solicitor and peddler, transient merchant, transient merchant market as well as an applicant. It sets forth requirements for solicitor/peddler, transient merchant and transient merchant market. There are certain exemptions to this law that are listed. But, basically for solicitor/peddler you'd be talking about a duration limitation of sixteen weeks per calendar year. A limit of one license per applicant per year and a fee of fifteen dollars per week. For transient merchant and transient merchant market that would require site plan review with the Planning Board. The law sets forth a requirement of a submission date sixty days prior to a final review by the Town Board. In terms of duration it's allowed for fourteen days per year. Again one license per applicant per year and the fee is $500.00 per day. COUNCILMAN CAIMANO-On page 3 of the law itself. Under General Exceptions we talk about the peddler of meats, fish, fowl, fruit, vegetables, flowers, etc. Obviously leaves that open for anyone regardless of where it's grown do we mean to do that, that way? COUNCILMAN MONAHAN-This is peddling though don't forget. COUNCILMAN CAIMANO- That's right this is peddling. COUNCILMAN MONAHAN-Go back and look at your definition of peddling. EXECUTIVE DIRECTOR, MR. MARTIN-The other thing I would mention also is that in terms of transient merchants and transient merchant markets these would be required to be in compliance with zoning as to their location which is another new aspect of this law. Locations of transient merchants and transient merchant markets would be subject to being in compliance with zoning. In otherwords they are viewed as a commercial activity and would have to occur in commercial zones. COUNCILMAN MONAHAN-It would be another principal use it would have to comply with parking? EXECUTIVE DIRECTOR, MR. MARTIN-Exactly. Those would be all standards for the Planning Board and the Town Board to considered as they review the licenses. SUPERVISOR CHAMPAGNE-The question that I raised and there is some where in here and I can't find it right at the moment where it calls for a thousand dollars or a bond. EXECUTIVE DIRECTOR, MR. MARTIN-That's at the very end of the transient merchant market. Bond or certified funds on page. .. . COUNCILMAN MONAHAN-Page 9. SUPERVISOR CHAMPAGNE-Then it also says the interest gained on that thousand dollar deposit would be kept by the Town. Mr. Attorney is that according to standard procedures? ATTORNEY DUSEK-I would have to take a look at that. SUPERVISOR CHAMP AGNE- This would be held for one year, one year from deposit. Interest earned shall be the property of the Town of Queensbury. ATTORNEY DUSEK-The purpose of that would be to protect the citizens save harmless the citizen so it would seem logical that you would have to continue it for at least a year is that your question? SUPERVISOR CHAMPAGNE-My question is does the Town have the right to keep the interest? COUNCILMAN MONAHAN-Or does it have to be put in escrow for the applicant? COUNCILMAN CAIMANO-What number are you on? SUPERVISOR CHAMPAGNE- I'm on page 9, bond or certified funds. ATTORNEY DUSEK-The Town is presumably is going to have paperwork associated with this. It's up to the Board really if you feel that it's legitimate for the exchange for the administration expense or if don't then we can strike it and let them have the interest. COUNCILMAN MONAHAN-But it's legal to do it that way? ATTORNEY DUSEK-We've done that before in some other types of contracts where we held back the interest as part of the administrative charge. But, I think you have to make that determination as to whether it's reasonable. COUNCILMAN MONAHAN-Interest on a thousand dollars isn't going to be very much. COUNCILMAN CAIMANO-I still don't see where it says a thousand dollars. COUNCILMAN MONAHAN-I thought somebody just read a thousand here. SUPERVISOR CHAMPAGNE-I said a thousand. COUNCILMAN CAIMANO- Ten thousand. COUNCILMAN MONAHAN-It would be ten thousand. Cash is still the same as a bond. COUNCILMAN CAIMANO-It's a little different interest. COUNCILMAN MONAHAN-That's not that much. SUPERVISOR CHAMPAGNE-Five hundred dollars. COUNCILMAN CAIMANO-Five hundred bucks. ATTORNEY DUSEK-As I'm looking at that though you wouldn't get the interest on the bond, but only on the cash. SUPERVISOR CHAMPAGNE-That's my problem. COUNCILMAN CAIMANO-We only get interest on the cash. ATTORNEY DUSEK-I guess the question is what is the cost of handling that cash for the year? COUNCILMAN CAIMANO-What's your problem you don't think that we should have it. SUPERVISOR CHAMPAGNE-I don't think so. I don't feel that's it's our money really. COUNCILMAN MONAHAN-Normally interest goes in an escrow account for whoever is putting up the money in most instances, you know in business generally I'm talking about. SUPERVISOR CHAMP AGNE- That's the only problem that I have a problem with. COUNCILMAN MONAHAN-If we're going to take a bond for ten thousand dollars and if we're going to take a letter of credit for ten thousand dollars it doesn't hardly seem right if you put up cash that your going to take ten thousand five hundred. SUPERVISOR CHAMPAGNE-Not really. COUNCILMAN CAIMANO-Of course, your going to making a year's worth of interest either. COUNCILMAN MONAHAN-No. COUNCILMAN CAIMANO- Y our going to take some portion thereof which may be very very small. COUNCILMAN MONAHAN-But, what I'm saying in the others your not getting anything but your basic ten thousand. COUNCILMAN CAIMANO-Welllet's not get hung up on that let's do something with it. Use it as a net against what they owe or give it back to them. COUNCILMAN MONAHAN-I would say interest should be put in an escrow account. SUPERVISOR CHAMPAGNE-Escrow account due back to the applicant. ATTORNEY DUSEK-You want to change that to interest earned shall be the property of the applicant? SUPERVISOR CHAMPAGNE-Right. ATTORNEY DUSEK-Instead of the Town of Queensbury. COUNCILMAN MONAHAN-Does the Comptroller have a problem with that? MS. GEOFFROY-No. COUNCILMAN MONAHAN-She is going to be doing the book work. EXECUTIVE DIRECTOR, MR. MARTIN-That also changes I think the same languages up front in the solicitor/peddler on page 6. COUNCILMAN MONAHAN-I mean if your going to take it....in different forms each forms should have the same monetary value. Jim is there any other place do you think? EXECUTIVE DIRECTOR, MR. MARTIN-I think that would be it. SUPERVISOR CHAMPAGNE-Do we know of any cases that are outstanding right now that would be involved to that extent. COUNCILMAN CAIMANO-We don't have this law yet. SUPERVISOR CHAMPAGNE-I realize that, but are.... COUNCILMAN MONAHAN-I think any funds that are out there would be probably under the old bond or the old law because they were taken under the old law so the old law would still hold, I would say without being an attorney. SUPERVISOR CHAMPAGNE-I guess my question is are there transient merchants out there that would fall under that portion of the law that would be paying ten thousand dollars to do business in Queensbury that's my question. COUNCILMAN MONAHAN-You didn't change that monetary Jim from the present. I think they all stayed the same. EXECUTIVE DIRECTOR, MR. MARTIN-That really was Darleen's call she is the one that has been collecting the bonds and so on I deferred to her on that. SUPERVISOR CHAMPAGNE-It seems like an a lot of money to do business for sixteen days. COUNCILMAN MONAHAN-Look what your exposure can be. COUNCILMAN CAIMANO-It didn't stop anybody. SUPERVISOR CHAMPAGNE-I guess I asked before, but are there any others out there to speak on behalf of the merchant law? PLINEY TUCKER-QUEENSBURY. I went through this kind offast maybe I missed it. I don't see anything in here for the people that don't come here and get a license. When I sat on the board we had a great many problems. I can remember one time, I was flagged down by one of the building inspectors he had a guy stopped up on West Mountain Road. We spent two hours with the guy held them there, Sheriffs Department came and told him that he shouldn't be in the Town selling and let him go and said that's all he could do. Another time, I'm sitting in my living room a knock comes on the door, I look at the window and here is a tractor trailer in the middle of the road out there. This guy from his accent south of the mason dixon line had a tractor trailer load of furniture and no license to sell it. I'm just wondering..... SUPERVISOR CHAMPAGNE-What the penalty should be? COUNCILMAN CAIMANO-Who does the enforcement and how do you do it? MR. TUCKER-Who does the enforcing? COUNCILMAN TURNER-How are you going to enforce them on the weekend? ATTORNEY DUSEK-There is no penalty provision in this law which would mean you would be able to enforce it as to be able to stop the person from acting, but you would not be able to extract a fine from them. COUNCILMAN MONAHAN-We did have a penalty in the one that we've got on the books right now it's page 16013, Jim. MR. TUCKER-Wouldn't it be to their advantage to try it and you got caught quite doing it right. This would be for only the good guys. COUNCILMAN CAIMANO-Absent getting shot, yeah. COUNCILMAN MONAHAN-The other thing we don't have on this one Jim is the fact that you can get your license revoked if you haven't done things according to.... SUPERVISOR CHAMPAGNE-Thanks, Pliney. COUNCILMAN MONAHAN-I guess we've been in the forest so long we didn't see the trees. SUPERVISOR CHAMPAGNE-It sounds to me like we're going to pull this one and do some more work. COUNCILMAN CAIMANO-No, no let's see if we can get it done. COUNCILMAN MONAHAN-If you make major changes from what you've advertised you have to have another public hearing. ATTORNEY DUSEK-There is another way to do is to approve the law and amend it afterwards. COUNCILMAN MONAHAN-We can do that which would maybe be a better thing to do. COUNCILMAN CAIMANO-I don't think we're going to be inundated by any law breakers. EXECUTIVE DIRECTOR, MR. MARTIN-It's not to add if your looking for a ramification provision and a penalty for offenses. COUNCILMAN MONAHAN-Yeah, but we can't do it tonight. EXECUTIVE DIRECTOR, MR. MARTIN-I know that it wouldn't be.... COUNCILMAN MONAHAN-Maybe the thing to do is pass it and amend it very quickly. COUNCILMAN CAIMANO-My suggestion is we run that gauntlet. I can't imagine there is going to be a whole bunch of people that are going to be scofflaws between now and then. I'm willing to take that chance to get a law on the books. Then immediately begin work, I mean like tomorrow on putting penalty provisions in. Paul any problem with that? ATTORNEY DUSEK-You can always add a penalty provision to the a law. COUNCILMAN MONAHAN-I think the other thing we have to look into Jim that for some reason didn't get picked up in this one is when you revoke a license. There isn't anything in there to revoke a license if your not doing things according to what you said you were going to do. COUNCILMAN CAIMANO- That's what I think we should do. If you don't do that we're going to be running into trouble. COUNCILMAN MONAHAN-Nobody's going to care you get a slap on the wrist and so what. COUNCILMAN CAIMANO-Ifwe don't get the law on the books now we're going to be running into trouble time wise. SUPERVISOR CHAMPAGNE-How about enforcement? Will it be our building and codes that will be enforcing this or the sheriff or how do you get involved with it? ATTORNEY DUSEK-The Sheriffs Office has traditionally enforced it. COUNCILMAN MONAHAN-Yeah, because you have a local law. Of course, we have to send it to them so they know what they are enforcing. SUPERVISOR CHAMPAGNE-The first thing we've got to do is rescind the first one right? COUNCILMAN CAIMANO-First thing we've got to do is close the public hearing. Then we're going to do a little phony non significance. SUPERVISOR CHAMPAGNE-Anyone else care to speak before we close it down? UNKNOWN-I have a clarification. JACK CUSHING, QUEENSBURY-I'm not pro or con at this particular point. Speaking here or asking on behalf of the QBA because we have a committee set up on the QBA which will review this. There is nobody here tonight except myself, of course, I don't own a store so I have no ox to gore in this thing. The Queensbury Business Association is very much interested in a tough law because we've been asked by a number of people in town to try and do something about the transient merchant law because it's affecting some of the store owners in the town itself. There are just a couple of questions on the transient merchant law and I'm looking at probably the people that sell corn and things like that. Am I reading this correctly that they would be limited to fourteen days, people that sell corn that do not grow it on their own farm or come in from out of town. We have a lot of them around town that do sell corn and vegetables, tomatoes, and such certainly the season is all smer long, but are they limited to fourteen days? COUNCILMAN CAIMANO-Yes, far as I can see. MR. CUSHING-That's what I'm reading into it. The second question in relation to that is that if your charging a fee of five hundred dollars per day that's seven thousand dollars if they are going to be open for fourteen days is that correct? COUNCILMAN CAIMANO-What's that? Yeah, that's the number. MR. CUSHING-Then that means that effectively you will not have anybody in town except maybe the market group that would sell anything in town so far as vegetables and things like that. I just want a clarification of this so I can report back. The question I'm asking even though we want a tough law in this particular thing are we throwing the baby out with the bath water? Is there some way to get around it without making it so stringent that absolutely nobody can sell anything, maybe that's what you want. COUNCILMAN CAIMANO- The problem is that when you sit down to write the law and try to do what you want to do it becomes a never ending task. It seemed to us the best way to do it would be to write the law make it as tough as possible, as stringent as possible, and then amend it if we had to and back water under those things which should be amended. We have no where to stop amending there are all kinds of things you can add on to this law to amend it. We already forget one thing we forget the penalties but, that's really where it came from. MR. CUSHING-In just looking at the future though to say to a group, a person that might come in and say okay you can do it for fourteen days, but then charge them seven thousand dollars. Nobody is going to be able to come in there because that will be more than any profit they could ever make especially if it's a small stand. I want to be able to explain this to the QBA (Queensbury Business) and what they'll say I haven't got the foggiest idea. But, I did want to have some clarification in my own mind that what I read was correct. COUNCILMAN MONAHAN-In the present law a transient merchant pays five hundred dollars per day plus we have another thing that we call the seasonal transient merchant which isn't there now or is it Jim? EXECUTIVE DIRECTOR, MR. MARTIN-No it's not. COUNCILMAN MONAHAN-That was the one causing all the problems. The seasonal transient merchant was the one causing so much problems in town. EXECUTIVE DIRECTOR, MR. MARTIN-A lot of those have been occurring in residential neighborhood areas. They are generating a lot of traffic sometimes in a dangerous fashion on very dangerous intersections. There has been no review of that for ingress and egress, safety and that type of thing. It's really just been unregulated in some ways it's been a negative influence on the residential neighborhoods. SUPERVISOR CHAMPAGNE-Is there grandfathering in this law? EXECUTIVE DIRECTOR, MR. MARTIN-No. SUPERVISOR CHAMPAGNE-So on Route 149 that we all know so well the operation that's been in existence up there for some time we're saying that basically is out of business now? MR. CUSHING-Unless they produce from their own town property. EXECUTIVE DIRECTOR, MR. MARTIN-Right. MR. CUSHING-I'm talking about the stand it's right near your house Fred right here on Bay Road. There has been a stand there, corn stand, vegetable stand there for years. I guess they've been open for about six months during the year which this would knock them down to fourteen days and then the seven thousand dollar fee for it. Again, I'mjust saying it will effectively put them out of business is that what we want? Are there other regulations that you can put in on areas that are residential or such that do cause problems? I agree with you Jim.... EXECUTIVE DIRECTOR, MR. MARTIN-The other thing to be pointed out in response is, there are businessman who pay taxes in this community who have full-time year round operations with overheads to meet and things like that who sell corn and vegetables. COUNCILMAN CAIMANO-Don Sokol will probably be happy with this because he may sell more fresh fruit and vegetables. MR. CUSHING-There is a give and take in this. COUNCILMAN CAIMANO- The question is who do we give and take too? The question before this house was we ought to give and take to the people are regular merchants and pay taxes that was the price we put on this. MR. CUSHING-I understand, I understand. The biggest flagrant one was right down near Flowerland that's how the whole thing came up. We were asked about that originally and I think it was a transgression that they were allowed to be there as much as they were and really take business away from. COUNCILMAN CAIMANO-They took advantage of the law that was on the books. MR. CUSHING-Right and they won't be able to do that in the future. I think we've got to have tight rein on it, but I'm just wondering if we've gone overboard to far. COUNCILMAN CAIMANO-Maybe, we'll find out. SUPERVISOR CHAMPAGNE-And you may be right. But, it's our opinion that we can always swing back now to fit the situations as they may arise. MR. CUSHING-Okay, then I'll take this message back to the businessman of Queensbury and there is over a hundred of them, of course, and let's see what they say, but I just wanted to get clarification. COUNCILMAN MONAHAN-Jack, I think that was a problem we wrestled with. We looked at all of these different things going on in Town and it was kind of, you know how do we protect without kind of throwing the baby out with the bath water. We came up with the best ideas we could at the time after rewriting this I don't know how many times. EXECUTIVE DIRECTOR, MR. MARTIN-I've got a stack literally six inches thick of other laws from all over the Country and allover the State that we reviewed. COUNCILMAN MONAHAN-If anybody has a good solution to that where we're not doing harm to establish businesses and not doing harm with traffic safety and etc. I'm sure we would be glad to hear it. MR. CUSHING-Jim is this one as tough as a lot of them that you have read or is it tougher what do you think? EXECUTIVE DIRECTOR, MR. MARTIN-I'd say its got a lot of the tougher elements out of the other laws that we found. There is the exemption section here is somewhat greater than it was before, also with the exemption for non profits and so on. That was one of things we tried to retain without throwing out the whole thing. COUNCILMAN MONAHAN-If they wanted to go door to door with their corn and stuff like that they can still do that. MR. CUSHING-I'll take it back and see what happens. Maybe they will totally agree with I don't know. COUNCILMAN MONAHAN-Or maybe they'll have a good idea for another solution. SUPERVISOR CHAMPAGNE-We'll be interested in hearing back from them. MR. CUSHING-I just want to make absolutely sure what I read.... COUNCILMAN MONAHAN-As we know already Jack we need to put penalties in and we need to put in the area about if they don't do what they said they were going to do in their application how we can revoke the license. Obviously there were a couple of things we were so intent on looking at the types of businesses that there were a couple of things that we goofed on. MR. CUSHING-Thank you very much. JOHN SALVADOR-North Queensbury-Isn't there a limit to what you can charge for the issuance of permit or a license? Isn't it geared to the cost of the administration of the program isn't that a State Law? COUNCILMAN CAIMANO-Not that I know of, but the man who would know that isn't here. MR. SALVADOR - We get into discussion all the time about how much a permit should cost. I think there is suppose to be some correlation between the amount you charge and the cost of administering the program. COUNCILMAN CAIMANO-Where did the number come from Jim? EXECUTIVE DIRECTOR, MR. MARTIN-It was a holdover from the old law it was five hundred dollars a day in the old law. COUNCILMAN CAIMANO-It came from the old law so we're pretty confident of it. MR. SAL V ADOR-I think you should check it okay. SUPERVISOR CHAMPAGNE-Anyone else. Okay we'll close the public hearing. PUBLIC HEARING CLOSED 7:45 P.M. SHORT ENVIRONMENTAL ASSESSMENT FORM EXECUTIVE DIRECTOR, MR. MARTIN-Part II, A. Does action exceed any Type 1 Threshold in NYCRR, Part 617.l2? COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-B. Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 6l7.6? COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-C. Could action result in any adverse effects associated with the following. C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? COUNCILMAN CAIMANO- Town Board. EXECUTIVE DIRECTOR, MR. MARTIN-Long term, short term, cumulative, or other effects not identified in Cl-C5? COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-C7. Other impacts. COUNCILMAN CAIMANO-No. EXECUTIVE DIRECTOR, MR. MARTIN-D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? COUNCILMAN CAIMANO-No. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 6, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY DELETING AND REPEALING CHAPTER 160 THEREOF, ENTITLED, TRANSIENT MERCHANTS, PEDDLERS AND SOLICITORS," AND REPLACING IT WITH A NEW CHAPTER 160 TO BE ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/ TRANSIENT MERCHANT MARKETS" RESOLUTION NO. 139,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ted Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by deleting and repealing Chapter 160 thereof entitled "Transient Merchants, Peddlers and Solicitors," and replacing it with a new Chapter 160 to be entitled, "Peddlers/Solicitors, Transient MerchantsITransient Merchant Markets," and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO ENACT LOCAL LAW NUMBER 6, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY DELETING AND REPEALING CHAPTER 160 THEREOF, ENTITLED, "TRANSIENT MERCHANTS, PEDDLERS AND SOLICITORS," AND REPLACING IT WITH A NEW CHAPTER 160 TO BE ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/ TRANSIENT MERCHANT MARKETS" RESOLUTION NO. 140,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to Amend the Code of the Town of Queensbury, by deleting and repealing Chapter 160 thereof, entitled, "Transient Merchants, Peddlers and Solicitors," and replacing it with a new Chapter 160 to be entitled, "Peddlers/ Solicitors, Transient Merchants/Transient Merchant Markets," and WHEREAS, a copy of the aforesaid, proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and an additional copy having been given to the Town Board at least five days prior to the public hearing, and WHEREAS, on February 27, 1995, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury by deleting and repealing Chapter 160 thereof, entitled, "Transient Merchants, Peddlers and Solicitors," and replacing it with a new Chapter 160 to be entitled, "Peddlers/Solicitors, Transient MerchantsITransient Merchant Markets," to be known as Local Law Number 6, 1995, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver LOCAL LAW NO. 6,1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF ENTITLED, PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/TRANSIENT MERCHANT MARKETS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by deleting and repealing Chapter 160, Transient Merchants, Peddlers, and Solicitors. SECTION 2. The Code of the Town of Queensbury is hereby amended by adding thereto a new chapter to replace Chapter 160 hereinabove repealed, to be Chapter 160 Peddlers/Solicitors, Transient Merchants/Transient Merchant Markets to read as follows: PEDDLERS/SOLICITORS TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKETS ~ 160.1 TITLE ~ 160.2 STATUTORY AUTHORITY ~ 160.3 PURPOSE ~ 160.4 DEFINITIONS ~ 160.5 GENERAL REQUIREMENTS ~ 160.6 GENERAL EXEMPTIONS ~ 160.7 LICENSE REQUIREMENTS-PEDDLERS/SOLICITORS ~ 160.8 LICENSE REQUIREMENTS-TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET ~ 160.9 ISSUANCE OF DENIAL OF LICENSE ~ 160.10 APPEAL ~ 160.11 REVISIONS TO APPLICATIONS ~ 160.12 SEVERABILITY ~160.l TITLE This Chapter shall be titled, "A Local Law Regulating Peddlers/Solicitors, Transient Merchants/Transient Merchant Markets. " ~160.2 STATUTORY AUTHORITY The authority for this chapter is Municipal Homes Rule Law -- 10, Subdivision l(ii) a(1l) and (12), and Town Law Article 16 entitled, "Zoning and Planning." ~160.3 PURPOSE The purpose of this chapter is to register and regulate SolicitorslPeddlers, Transient Merchant, and Transient Merchant Markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this chapter within the Town of Queensbury. In those instances where the aforesaid transient merchants and/or markets for transient merchants, solicitors, and peddlers are in a fixed place for a period of time, the purpose of this law is also to require conformity with the Town's Comprehensive Land Use Plan and Zoning Laws so that the community's land use and planning goals are not unduly interfered with or defeated by unregulated enterprises. ~160.4 DEFINITIONS As used in this chapter, the following terms shall have the meanings indicated: APPLICANT - An individual, partnership, corporation, association, tenant and/or property owner requesting a Peddlers/Solicitors License or Transient MerchantlTransient Merchant Market License SOLICITOR/PEDDLER - A person, corporation, partnership, association or any other organization undertaking a commercial activity through the act of selling, offering for sale, soliciting orders for future sales of merchandise, works of art, meats, seafood, vegetables, fruit, other food products or goods of any kind, magazines, books, photos, educational books, by going from house to house and not by remaining stationary in any private or public place, motor vehicle or non-motorized vehicle for the purpose of making or soliciting sales or demonstrating or making estimates of services to the general public. TRANSIENT MERCHANT - A retail or wholesale business conducted in a building, temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right -of-way; or in any other place for a temporary period to time. The type of merchandise being offered for sale will have no bearing on the designation. TRANSIENT MERCHANT MARKET - A Transient Merchant Market being any gathering, or group of three (3) or more transient merchants, peddlers/solicitors upon any lands, structures or facilities within the Town of Queensbury. ~160.5 GENERAL REQUIREMENTS - All activities which meet definition of SolicitorslPeddlers and Transient MerchantlTransient Merchant Market shall comply with the following requirements: A. LICENSE - All activities as defined in ~160.4 Definitions, except those listed in ~160.5 shall be subject to issuance of a license by the Town Clerk. The conditions for obtaining a license are set forth: ~ 160.7 License Requirements - SolicitorlPeddler ~160.8 License Requirements - Transient MerchantlTransient Merchant Market. B. LOCATION - All activities as defined in ~160.8 Transient MerchantlTransient Merchant Markets shall comply with the Town of Queensbury Zoning requirements for use, area and parking. C. TIME - All activities as defined in ~160.3 Definitions shall be limited in duration by the requirements set forth: ~ 160.7 License Requirements for Peddlers/Solicitors ~160.8 License Requirements for Transient MerchantlTransient Merchant Market. D. FEE - All activities as defined in ~160.4 Definitions shall be subject to payment of a license fee as set forth: ~ 160.7 License Requirements - Peddlers/Solicitors ~160.8 License Requirements-Transient MerchantlTransient Merchant Market. ~160.6 GENERAL EXEMPTIONS - The provisions of this Local Law shall not apply to: A) any sales conducted pursuant to statute or by order of any court; B) the PEDDLING of meats, fish, fowl, fruit, vegetables, flowers, shrubs and trees by a gardener or farmer or his employees where the products so sold or offered for sale are the produce of this vendor's farm, garden or orchard; C) daily newspapers; sales by dealers in milk, baked goods, heating fuel, dry cleaning/laundry and D) sales by any person soliciting at the express invitation of the person solicited or soliciting to established customers; E) sales by any school group, veterans, fraternal or charitable organization, volunteer firemen's association, religious, civic or service group or other non-profit organization or association that maintains a chapter or place for the regular conduct of business or meetings within the County of Warren; F) to any veteran who has procured a license from the State of New York pursuant to ~32 of the General Business Law; G) to garage sale. ~160.7 LICENSE REQUIREMENTS - PEDDLERS/SOLICITORS A. APPLICATION FOR PEDDLERS/SOLICITORS LICENSE - All Peddlers/Solicitors, except those exempted from this chapter (See ~160.6), shall be required to obtain a license from the Town Clerk. (1) The application as provided by the Town Clerk shall contain the following information and material: (a) The name of the applicant. (b) The applicant's federal employee identification number or social security number. (c) The applicant's New York State sales tax number. (d) The applicant's permanent home residence and business address, if any. by the (e) If the application is filed by an agent, the name of the firm/association or person represented and written authorization firm authorizing the representation. (f) The number of weeks and the beginning and ending date for which the license is requested. (g) 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. the brand name, manufacturer (including address) and (including address), and commodities and the name, publisher and of all books, magazines or periodicals to be offered for sale. Included shall be distributor of goods distributor (h) Authorization of an agent to receive service of summons including name and address. (2) The application must be appended to a document of authorization from the firm which the applicant purports to represent. (3) Before license can be issued the applicant must provide a bond, letter of credit or cash required by this chapter. (See ~160.7C.) (4) The applicant shall pay the fee set forth in ~ 160. 6B, at the time of application. B. LICENSE FEE/DURATION - SOLICITOR/PEDDLERS- All licenses for SolicitorlPeddlers shall be subject to the following time constraints and fee Schedule: 1. A fee of fifteen dollars ($15.00) per week, shall be Clerk prior to issuance of the license. paid to the Town 2. Each applicant for a SolicitorIPeddlers license shall be limited to one (1) license per year. 3. The maximum licensing period for SolicitorlPeddlers license shall be sixteen (16) weeks per calendar year (calendar year will run from January 1 st to December 31 st.) per application. C. BOND OR CERTIFIED FUNDS - Before any license authorized herein shall be issued, the applicant shall file with the Town Clerk proof of an bond executed by a surety company or insurance company licensed to do business in the State of New York or an irrevocable one-year letter of credit issued by a licensed banking institution, in the sum of five thousand dollars ($5,000) 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 or fraudulent unlawful sales practices by any person licensed hereunder. In lieu of the foregoing bond or irrevocable letter of credit, 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 (1) year from the expiration of the license. Interest earned shall be the property of the applicant. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by citizens of the Town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder. ~160.8 LICENSE REQUIREMENTS-TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET A. APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET - All Transient MerchantsITransient Merchant Markets, except those exempt from this Chapter (see ~ 160-6), shall be required to obtain a license from the Town Board. (1) APPLICATION. Written application for a license to operate a Transient Merchant/Transient Merchant Market shall be provided by the Town Clerk and submitted to the Town Board at least sixty days (60) prior to the commencement of operation by filing the application as provided by the Town Clerk during regular business hours. The application shall contain the following information: (a) The name of the applicant. (b) The applicant's federal employee identification number. (c) The applicant's New York State sales tax number. (d) The location of the proposed market. (e) The residence address and/or business address of the applicant, if any. If application is filed by an agent, the name of the firm or person represented and written authorization by the firm authorizing the representation. (f) The number of transient merchants or solicitors that will have business in or be part of the proposed market. (g) A plan or map to scale showing the location of the proposed market in proximity to property boundaries and any other temporary or permanent structure on the lot. The plan or map shall also show the location of the vendors within the market the provision for dedicated parking, vehicular access to and from the site, the zoning district in which the market is to be located, provision for water supply and sewage disposal. (h) The days and hours during which the market will be open or operated, up to a maximum offourteen (14) days in any year that the license for such market is in effect. (i) A general description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services. (j) Authorization of an agent to receive service of summons. (k) Such other information as the Town Board shall require to enable the Town Board to make its review in accordance with the general requirements hereinafter set forth. (1) Fifteen (15) copies of a completed application shall be submitted - one (1) copy for the Town Clerk and one (1) copy for the Zoning Administrator for a determination of the completeness of the application and compliance with the requirements of this Chapter and the Town of Queensbury Zoning Ordinance, seven (7) copies to the Planning Board, five (5) copies to the Town Board and one (1) to the Town Attorney. (2) SITE PLAN REVIEW- All applications for operation as a Transient Merchant/Transient Merchant Market shall be subject to site plan review by the Town of Queensbury Planning Board. A. The Town Clerk upon receipt of an application deeded complete by the Zoning Administrator will forward the same to the Town Board. B. The Town Board at its discretion may forward the application to the Town Planning Board for Site Plan Review comments. C. 1. The Queensbury Planning Board shall review and recommend the approval, approval with modifications, or denial of the site plan, which has been prepared to the specifications set forth in this Local Law, and in accordance with the regulations, set forth in Chapter 179, Article 5, ~179-34 - 39 of the Code of the Town of Queensbury. 2. In addition to the filing fee provided for herein, the applicant shall also be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or other technical review, provided that the fees or costs reflect the actual cost to the Planning Board therefore. This fee shall not exceed $1,000. without the consent of the applicant. D. After receipt of a recommendation from the Queensbury Planning Board the Town Board will make the final determination of approval, approval with modifications or denial. credit or cash E. Before license is issued the applicant must provide a bond, letter of required by this chapter. (See ~160.7C.) F. The applicant shall pay the fee set forth in ~160.8B, at the time of issuance of license. B. LICENSE FEE/DURATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET - All licenses for operation of Transient MerchantlTransient Merchant Market shall be subject to the following time constraint and fee schedule: 1. A fee of five hundred dollars ($500.00) per day shall be paid to the Town Clerk after approval of the application by the Town Board and prior to issuance of license. 2. Each applicant for a Transient MerchantlTransient Merchant Market license shall be limited to one (1) license per year. The maximum licensing period for a Transient Merchant License or Transient Merchant Market License shall be fourteen (14) days per calendar year (calendar year will run from January 1 st to December 31 st.) per applicant. C. BOND OR CERTIFIED FUNDS - Before any license authorized herein shall be issued, the applicant shall file with the Town Clerk proof of an bond executed by a surety company or insurance company licensed to do business in the State of New York or an irrevocable one-year letter of credit issued by a licensed banking institution, in the sum often thousand dollars ($10,000) 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 or fraudulent unlawful sales practices by any person licensed hereunder. In lieu of the foregoing bond or irrevocable letter of credit, 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 (1) year from deposit. Interest earned shall be the property of the Applicant. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by a citizens of the town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder. ~160.9 ISSUANCE OR DENIAL OF LICENSE 1. Upon receipt of an application, the Town Clerk shall refer the application, in accordance with this Local Law, to the Planning Board for Site Plan Review. 2. The Town Clerk shall refuse to register the application and issue a license if it is determined, pursuant to the procedures required herein: A. that the application is incomplete and does not contain all information required; B. that Site Plan Approval is not issued by the Planning Board; C. the failure to provide a bond or certified funds and an authorization of agent or service as required hereby; D. absent a cause to refuse registration in accordance with this section, the Town Clerk shall grant a registration and issue to the applicant a license. Such license shall authorize the holder to conduct business within the Town in accordance with the terms and provisions hereof or any site plan approvals, for a period of the license. The Town Clerk shall maintain an accurate record of every application received and acted upon, together with all other information and data pertaining to the application and all licenses issued and applications refused. ~ 160.10 APPEAL - Any applicant refused registration and/or a license shall appeal to the Town Board of the Town of Queensbury prior to commencing any proceedings at law to review the determination of the Town Clerk. The appeal to the Town Board shall be made by way of written letter submitted to the Town Clerk of the Town of Queensbury, within thirty (30) days of the time the registration and/or license is denied. The letter appealing the Town Clerk's decision shall set forth each and every reason why the applicant feels that the denial of the registration or license was improper. Upon receipt of such an appeal, the Town Board of the Town of Queensbury shall, within twenty (20) days, mail written notice to the Appellant, which date and time shall be not later than thirty (30) days from the date the registration or license was denied. Upon hearing the appellant's arguments, as well as reviewing the applications and the law, the Town Board of the Town of Queensbury shall make a decision as to whether to uphold the Town Clerk's findings or deny the same, within fifteen (15) days thereafter. In the event that the Town Board fails or refuses to take action on the appeal, such non-action will not be considered as approving the permit, but shall allow the applicant to, at that time, proceed with any other type of judicial review that may be entitled to under law. Such judicial review, however shall be made within thirty (30) days of the item the Town Board refuses or fails to take action or thirty (30) days from the last date by which the Town Board was to have taken some action as required by this Local Law. ~160-l1.REVISIONS TO APPLICATIONS The Town Board may, from time to time and by resolution, specify the form of the applications and licenses required herein but may not change the content or matters to be included therein without revision of this chapter. ~160-l2. SEVERABILITY If for any reason any section or part or parts of any section of this Local Law shall be declared unconstitutional or beyond the power the Town to enact, such facts shall not affect or impair in any way any other provisions of this Local law, but such other provisions shall be in full force and effect. SECTION 3. Applicability; preexisting licenses and regulations. This chapter shall apply to all transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this chapter within the Town of Queensbury as of the effective date of this chapter, except that this chapter shall not apply to any transient merchant, solicitor, peddler or transient merchant and/or solicitor market who or which has a current and valid license, permit, or approval to operate, issued prior to the effective date of this chapter by the Town Board or the Town Clerk of the Town of Queensbury in accordance with the provisions of previous Chapter 160 herein repealed. Licenses, permits or approvals previously issued shall be authorized pursuant to and subject to the provisions of the aforementioned repealed Chapter 160. Any new licenses or renewals of previously issued license, permits or approvals therefore shall be applied for and issued in accordance with this chapter. Transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets for which licenses, permits or approvals are required or issued in accordance with this chapter shall be subject to and regulated in accordance with the provisions of this chapter. The exemption from the provision of this chapter of transient merchants and solicitors who have a current and valid license, permit or approval to operate shall not apply to those operating in a transient merchant and/or solicitor market, except as specifically provided for herein. The provisions of this chapter shall apply and supersede all previously local laws or regulations. DISCUSSION HELD COUNCILMAN CAIMANO- Thanked Jim Martin and Darleen Dougher for their efforts in putting this together. Questioned if there is a State Law which requires that we charge a fee that is a standard? ATTORNEY DUSEK-Noted you can't find a written law by the Legislature and Statues that sets a particular fee. You will find court cases and various opinions that indicate that the fees have to equate to reasonable administrative costs associated with whatever it is your doing. They cannot be in the form of penalty, but rather they have to be somewhat connected to the administration costs associated with the project. PUBLIC HEARING - SCHERMERHORN REZONING NOTICE SHOWN 7:50 P.M. SCHERMERHORN REZONING Attorney Dusek noted changes in the Schermerhorn Rezoning Resolution on pages 2, 3, 4, 5, and 6. SUPERVISOR CHAMPAGNE-We have the public hearing open, we've been through this part of it. Anyone here to speak on behalf or against? MR. RICH SCHERMERHORN-Hi, I'm Rich Schermerhorn. As you know I wasn't here for the last meeting but I just want to make sure we're, I understand this. I believe on page 3, number 4 it says the footprint of each single family home authorized by this legislation shall not exceed the area of nine hundred square feet. Now, when you say footprint, you mean, you don't want the first floor to exceed nine hundred feet, is what you're saying for the living space and six hundred for the garage. COUNCILMAN MONAHAN-That doesn't mean that you can't have a two story house, you know, nine hundred and nine hundred. MR. SCHERMERHORN-Okay, I understand that and I just want to make sure that's the way it's read. The only thing this does limit me to and if this is the way it is, a nine hundred square foot ranch is basically thirty-seven by twenty-four which is an extremely small house. I just want the neighbors and anybody that lives around there, I just hope that, you know, I'm not proposing to build anything that small but nine hundred square feet is very, very small. I just want you to be aware of that and in the way you're leaving this, it does say that I can do a very small home and I don't know if that's in the best interest of the neighbors where I'm just thinking that maybe you should boost it up to maybe like thirteen hundred or something which just makes a typical, a decent size ranch basically. COUNCILMAN MONAHAN-What we were trying to do is disturb as little ground as possible and allow for infiltration. You've got such high water table there. MR. SCHERMERHORN-Right. COUNCILMAN MONAHAN-That what we're trying to do is leave enough area there so that it takes care of your drainage and doesn't create a drainage problem onto the road and everything. MR. SCHERMERHORN-Okay, that's fine then. I just wanted COUNCILMAN MONAHAN-I mean, I don't know if there would be a problem with SUPERVISOR CHAMPAGNE-Obviously every house is going to be a two story house. MR. SCHERMERHORN-I just don't want the neighbors to be upset because I don't know if they realize that nine hundred square feet is a very small footprint if I just do a ranch and say someone opts not to have garage, you're looking at a very small structure. I just don't want COUNCILMAN MONAHAN-I would say then, if you don't have a, but you don't know when they're going to build a garage later on, that's the trouble of it. You've got to have sixty-five percent of this lot permeable. So, you're reduced down to the area that you can put that in quite a bit, in order to build in that area. MR. SCHERMERHORN-I mean I don't have a problem with the two story, I just, you know if we can, I'm just saying it would be nice if we could make the square footage requirement just a little larger, you know, if someone does want a ranch, that's all. It's not going to be out of character with anybody else and I still think we'll meet the EXECUTIVE DIRECTOR, MR. MARTIN-I just want to make sure we're clear on this Rich so, because I don't want you coming to me with a building permit that shows a thirteen hundred square foot house and you say, "Well Jim, I'm not going to build the garage so I'm taking credit against my garage space". MR. SCHERMERHORN-No, no that's EXECUTIVE DIRECTOR, MR. MARTIN-I want to be clearly understood that it's living space MR. SCHERMERHORN-No, that's clearly stated, nine hundred square feet for the footprint of the living space and I see it as six hundred for the garage alone which is roughly a twenty-four by twenty-four garage which is COUNCILMAN MONAHAN-What's a single car garage? MR. SCHERMERHORN-Twelve by twenty usually, twelve by twenty-two. COUNCILMAN MONAHAN-Square feet, how much is it? COUNCILMAN CAIMANO- Two hundred and forty, if you multiply properly. COUNCILMAN MONAHAN-The only thing I would do, you know as an alternate and we haven't talked about this Jim and Ted, I know you know that area so, you know we're talking about the high water table, if we, I would not say put all the space into a house because that's not practical, somebody is going to come back and want a garage later. If it were an alternate of nine hundred square feet, the six hundred garage, the other possibility is that you let that house go up a little larger, one story, not two story because then you get too much of an impact with the amount of people in that house, on a bathroom and all that kind of stuff. MR. SCHERMERHORN-Well, it's sewer so the bathroom COUNCILMAN MONAHAN-There's sewer, that's right, you're sewers. But if you're going to have that big of house two stories, you're going to require more then one car, believe me because I've had kids and I know what it is. So, you do a one story ranch with a one car garage would be the only other alternative I would look at and I don't know Jim how you feel about that as a planner because we looked at this land awfully, awfully carefully. EXECUTIVE DIRECTOR, MR. MARTIN-Awful tight envelopes on a couple of those lots for MR. SCHERMERHORN-I'll be truthful with you, if! put in a nine hundred square foot ranch up, you're more apt to have more traffic in a nine hundred square foot home because of the income level that's going to buy that house and at the purchase that I'm going to offer it, a nine hundred square foot, there's nothing that says that you're going to get someone with three kids living in a nine hundred square foot home, you see it every day. COUNCILMAN CAIMANO- Yea, but I don't know that we're here to social engineer. Somebody asked for permission to rezone this property which is pretty sensitive, part of it is pretty sensitive property. So, the Planning Department said, okay, we'll let you rezone but you've got to be very tight here and that's what we're saying. I don't want to sit here and social engineer this project. EXECUTIVE DIRECTOR, MR. MARTIN-Yea, that's the reason COUNCILMAN MONAHAN-That was really what it is, it's the carrying capacity of the land. MR. SCHERMERHORN-Okay, that's fine. SUPERVISOR CHAMPAGNE-I think that's probably the max we can go on that one. MR. SCHERMERHORN-That's fine, then it will COUNCILMAN CAIMANO-I don't know whose going to buy these houses, Rich, I don't, it might be .... MR. SCHERMERHORN-Right, it will probably end up being two story homes but I was just clarifying that, if someone wants a ranch, it's going to be an awful small ranch. I just SUPERVISOR CHAMPAGNE-Well, you're not going to build ranches, I don't believe. COUNCILMAN MONAHAN-But I think that's what we're saying, that the carrying capacity of that land and the amount that should be disturbed, that's where you are. COUNCILMAN CAIMANO- Y ou asked for permission of the Board, the Board said after review, fine, we'll do it but it has to be done this way. Now, if you can live with that, fine, if we can't live with that, let's go on to something else. MR. SCHERMERHORN-What I'm trying to say is that I'm happy with the way it is now, I was just bringing a point up that I want it to be known that if I do nine hundred square foot, it's going to be very small, that's all. COUNCILMAN CAIMANO-Okay. SUPERVISOR CHAMPAGNE-Okay, anything else? MR. SCHERMERHORN-I've got one other question. The curb cut, I don't have a problem with that, Ijust want to clarify. You want basically, maybe we should clarify size here so when we come back with a map for Planning Board. Obviously when you have two houses centered in the properties, you're going to have the main entrance but then it's going to have to V into each property. EXECUTIVE DIRECTOR, MR. MARTIN-The main concern here is the actual curb cut along the road. What you do with the driveway after that point is less of a concern. It's the width of that entry way at that point where it meets the road. MR. SCHERMERHORN-Okay, what width do you want it? EXECUTIVE DIRECTOR, MR. MARTIN-I would say for both driveways, probably twenty-four feet, twelve feet each, a single lane driveway. MR. SCHERMERHORN-And maybe the length of a car as you go in and then yield them off to their houses? EXECUTIVE DIRECTOR, MR. MARTIN-After that point, that's up to you how you work with it providing you meet the permeability that's set forth here also because the permeability is at sixty-five percent which is a carry over from your single family residential zone. COUNCILMAN MONAHAN-And again, that's because of the critical land that's there. MR. SCHERMERHORN-Alright, just one other issue. There is all the raw land out in back, obviously it can't be developed. I'm not asking for this in lieu of rec fees but does the town have interest in that parcel because otherwise I'm going to be paying for a parcel that's unusable and never can be developed? Or I can make the lot sizes larger COUNCILMAN MONAHAN-No, you can't because we've already said you're restricted to those lots the way they're drawn on that map. MR. SCHERMERHORN-Alright, so unfortunately then, I just have a piece ofland I can't use and paying taxes on, that's all. COUNCILMAN MONAHAN-We can talk about that later. EXECUTIVE DIRECTOR, MR. MARTIN-I think, a process for that exists in subdivision for that proposal to be made. COUNCILMAN MONAHAN-Paul told me I couldn't mix apples and oranges here together. MR. SCHERMERHORN-Okay, that's fine. SUPERVISOR CHAMPAGNE-Anything more? Thank you. COUNCILMAN MONAHAN-And I thank you two for your cooperation on this whole thing. SUPERVISOR CHAMPAGNE-Yes, I admire your patience, thank you. Okay, anyone else care to speak on behalf of this project? Thank you. So, we'll close the public hearing and we'll move right into the SEQRA review. PUBLIC HEARING CLOSED 8:02 P.M. Executive Director, Mr. Martin-Okay, it's the long form. Impact on land. Number 1, Will the proposed action result in a physical change to the project site? Councilman Monahan-Yes. Executive Director, Mr. Martin-I think construction will generally involve more then one year. Construction that will continue for more then one year or involve more than one phase or stage. Councilman Caimano-What's the depth of the water table? Councilman Monahan-Yea, your skipping some Jim, construction on land where the depth to the water table is less than three feet. What's the depth of the water table. Executive Director, Mr. Martin-It's got to be about eighteen inches to two feet. Zero to one and a half feet, Betty on page three at the top. Councilman Caimano-How is this going to be mitigated? Councilman Monahan-All those restrictions that we put in there. Councilman Caimano-Alright, then that's what you would put down, right? Executive Director, Mr. Martin-Yes, we have actual detailing for eaves trenches that are to be installed with Councilman Caimano-My point is that you should be writing these down and that's what we should put down when we come to do the end of this. Councilman Monahan-It's the eaves trenches, it's the permeability, it's the size of the footprint allowed. Executive Director, Mr. Martin-But what I need though is your assessment of the impact, moderate or large? Councilman Caimano-I think it's going to be, it could be potentially large but it is going to be mitigated. The other one is for more then one year, I don't see, that's a small to moderate impact. Executive Director, Mr. Martin-If anything that may help, I don't think you would want the disturbance all at once on this. Councilman Caimano-Actually, it will help it and I think you should say that. Is that a floodway? Councilman Turner-Yes. Executive Director, Mr. Martin-Yes. Councilman Caimano-Again, it's a potentially large impact and it's being mitigated by Executive Director, Mr. Martin-They would have to be built to FEMA Standards. Councilman Monahan-The other thing is that we restricted where the building can go within the lot, it has to be away from the ... Executive Director, Mr. Martin-One hundred feet away from the boundary of the wetland. On construction it does need a flood way do you want to assess that as moderate or potentially large? Councilman Caimano-Potentially large Councilman Monahan-On Meadowbrook Road, that is why we did all those conditions on it. Executive Director, Mr. Martin-Okay, anything else on impact on land? Councilman Caimano- No. Executive Director, Mr. Martin-Number 2, Will there be an effect to any unique or unusual land forms found on the site, cliffs, dunes, geological formations, etcetera? Councilman Caimano- No. Councilman Monahan-No. Executive Director, Mr. Martin-Number 3, Will proposed action affect any water body designated as protected? Councilman Monahan-Yea, Halfway Brook. Councilman Caimano-Impact Halfway Brook? Councilman Monahan-It could, but that's why we put all those conditions on it, that's why you can't develop lot number 6, etcetera. Executive Director, Mr. Martin-I think the construction actually has to be in the Councilman Caimano-I think the construction is in the body, that's why Councilman Monahan-Yea, but don't forget, no, it's a rezoning. We're rezoning a piece of property, that rezoning, if we hadn't put the conditions on would have permitted perhaps a permit that you would allow construction back there and we said that we're not going to allow it and that's how we mitigated it. Supervisor Champagne-Okay, so we're going to put yes, it does have an impact, right and has been mitigated by what ever your reasons. Councilman Monahan-The conditions. Councilman Caimano- That's the safe way to do it. Supervisor Champagne-So, it's potentially large? Councilman Monahan-And we haven't permitted lot 6 to be developed. Supervisor Champagne-Okay. Councilman Monahan-And that's the one along Halfway Brook. Executive Director, Mr. Martin-Okay, under other impacts we'll say, rezoning occurring in area adjoining Halfway Brook, mitigated by buffer zone. Councilman Monahan-Mitigated by lot number 6 as a non buildable lot and non subdividable. Executive Director, Mr. Martin-I'll just say, mitigated by conditions placed on lot 6. Councilman Monahan-Yes, which is along the Halfway Brook. And I think also even though it really isn't a part of the Halfway Brook, you could also say that the man made pond on that area is also been protected by the conditions. Executive Director, Mr. Martin-Okay. Okay, so it's potentially large and mitigated. Okay, number 4, Will proposed action affect any non-protected existing or new body of water? Councilman Caimano- No. Executive Director, Mr. Martin-Okay. Number 5, Will proposed action Councilman Monahan-Unless you're going to talk about that man made pond under the non-protected existing but again we mitigated it by not permitting anything to happen to it. Executive Director, Mr. Martin-I made note of it in the previous Councilman Monahan-That's what I say, I don't think you need to do it again. Executive Director, Mr. Martin-Okay, number 5, Will proposed action affect surface or groundwater quality or quantity? Councilman Monahan-Yes. Councilman Caimano- Y es and halfway down it says proposed action will adversely affect groundwater, the potentially large impact but again it's mitigated by Councilman Monahan-Yes. Executive Director, Mr. Martin-Okay, number 6 Councilman Caimano-Wait a minute, how is it being mitigated, I didn't hear? Councilman Monahan-It's all those conditions we've used, the eave troth Councilman Caimano-Okay, all the conditions used in 1. Councilman Monahan-Yea. The permeability that we're requiring, the footprints. Executive Director, Mr. Martin-Number 6, Will proposed action alter drainage flow or patterns, or surface water runoff? I would say yes. Councilman Caimano- Yes, again the answer Councilman Monahan-What about proposed action, go back up to 5, proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. I would say, if we have to answer that one, Jim, our normal precautions that we take in our building code for erosion control and all that kind of stuff. Councilman Caimano- Yea, erosion control measures will be in effect. Executive Director, Mr. Martin-You want to say on assessment, small to moderate or Councilman Caimano- Yes. Councilman Monahan-Could be but then I think you know we again say that we have erosion control in effect. Executive Director, Mr. Martin-Okay. Number 6, we were going to say yes to that? Councilman Caimano-Yes, I think the same answers apply. Executive Director, Mr. Martin-Okay, proposed action may cause substantial erosion and proposed action will allow development in a designated floodway, both of those I think. Councilman Caimano-Well, actually the first one too, the proposed action would change flood water flows. Councilman Monahan-All of those are erosion control measures plus all the conditions we've put on this development. Executive Director, Mr. Martin-Okay, let's go one at a time. Action on change of flood water flows, small to moderate or potentially large? Councilman Caimano- When we're talking about that area, we're talking about potentially large because we know what kind of flooding we get there now and we propose that they're mitigated by everything that's gomg on. Executive Director, Mr. Martin-Okay. Proposed action may cause substantial erosion? Councilman Monahan-It could be a large impact, again I think we've taken care of it. As far as incompatible with existing drainage patterns, again, I think you've got a potential large but we've mitigated it. Executive Director, Mr. Martin-Okay. Proposed action allow development a designated floodway? Councilman Monahan-Same thing. Councilman Caimano-Same thing, all of them are the same. Wrap them all together. Executive Director, Mr. Martin-Okay. Impact on air. Number 7, Will proposed action affect air quality? Councilman Monahan-No. Executive Director, Mr. Martin-Impact on plants and animals. Number 8, Will proposed action affect any threatened or endangered species? Councilman Monahan-I don't know if anybody looked that over for threatened or endangered species in there. Councilman Caimano-Not known. Executive Director, Mr. Martin-Okay, Number 9. Councilman Monahan-Do we have an answer to that in Part I any place? As far as we know it is no. Executive Director, Mr. Martin- 9. Will proposed action substantially affect non-threatened or non- endangered species? Councilman Monahan-No Executive Director, Mr. Martin-Impact on Agricultural Land Resources 10. Will the proposed action affect agricultural land resources? Councilman Monahan-No. Executive Director, Mr. Martin- Impact on Aesthetic Resources 11. Will proposed action affect aesthetic resources? Councilman Caimano- No. Councilman Monahan-No. Executive Director, Mr. Martin-Impact on Historic and Archaeological Resources 12. Will proposed Action impact any site or structure of historic, prehistoric or paleontological importance? Councilman Monahan-Not unless they dig some up. Executive Director, Mr. Martin-That's no. Impact on Open Space and Recreation 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? Councilman Caimano-No Executive Director, Mr. Martin-I would say it may even through protection of lot six may even enhance that. Councilman Monahan-Plus the fact that some place in there I think you have to put as a mitigation the fact that we are taking a lot of steps to protect the Halfway Brook that might happen if this weren't going to go on. Executive Director, Mr. Martin-These are all good statements to have on the record. I will say yes and then under other impacts With conditions placed on lot 6 open space adjoining Halfway Brook will be provided. Councilman Monahan-Giving protection to a Class A Trout Stream Executive Director, Mr. Martin-I will say comma Class A Trout Stream. Councilman Monahan-I do not think only providing open space they were actually protecting it to keep the impact away from that. Executive Director, Mr. Martin-Impact on Transportation 14. Will there be an effect to existing transportation systems? Councilman Caimano-No Councilman Monahan-I do not think so. Executive Director, Mr. Martin-Impact on Energy 15. Will proposed action affect the community's sources of fuel or energy supply? Councilman Monahan-No Councilman Caimano-No Executive Director, Mr. Martin-Noise and Odor Impacts 16. Will there be objectionable odors, noise, or vibration as a result of the proposed action? Councilman Caimano-No Executive Director, Mr. Martin-Impact on Public Health 17. Will proposed action affect public health and safety? Councilman Monahan-No. I just wonder if we should put a plus above the noise, we are requiring the twenty foot natural buffer zone, but that is not really noise. You could use that in one of your impacts... Executive Director, Mr. Martin-Impact on growth and character of community or neighborhood 18. Will proposed action affect the character of the existing community? Councilman Monahan-No. Councilman Caimano-Only because it says 5%. Executive Director, Mr. Martin-Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? Councilman Monahan-Nobody has appeared here tonight. Councilman Caimano-Nobody has appeared so we have got to say no. Executive Director, Mr. Martin-Part three must be prepared if one or more of the impacts is considered to be potential large even if impact may be mitigated. Councilman Monahan-Haven't you done that as we have gone through and put it in the proper place? Executive Director, Mr. Martin-I think you should come to some reasonable conclusion if the impact is important. Councilman Monahan-Is this where you say that right now, that, that land floods and sometimes floods onto Meadowbrook and with the conditions that we have put in there.. Councilman Caimano- The answer if you read all those and tie them all together is, that there is a reasonable high probability that something could occur if you did not take the mitigating steps that you are taking and because you are taking those it reduces that the impact is controlled it certainly it not irreversible it is never irreversible even if you don't mitigate it, nature itself will reverse it. It does not have a regional consequence it has a very localized consequence and not regional and it doesn't really diverge from the local needs. We note the problem and the potential seriousness of the problem and the developer is taking the steps that the Board and the Planning Department have asked them to do to mitigate those. Councilman Monahan-On top of that we have also increase the protection of the Halfway Brook more than it ever had before. Executive Director, Mr. Martin-On a permanent basis I think it is important to note that those protection now are permanent placed. Councilman Caimano- That is right, that is part of it. Councilman Monahan-As it is now I could.....a herd of cows down there drinking out of the Halfway Brook there. Executive Director, Mr. Martin-The other thing I would call...our usual section we do the reasons for supporting the determination. Attorney Paul Dusek-I think basically you have given the reasons throughout the time you reviewed each with the mitigating items plus what Nick just said at the very end. Executive Director, Mr. Martin-So, should we just put a note in there refer to Town Board Meeting Minutes? Attorney Paul Dusek-I think you would be better off to actually site it there because.. Councilman Caimano-Get those and type them into it. Executive Director Martin-Ok. Councilman Monahan-I think the other thing is that right to this you would attach those conditions that we made as part of this rezoning. The fact that when we rezone we took out any of the uses that we thought could be harmful to the land all those conditions that we put in the rezoning are the things that you put in this, including as I said the ones that we took out Jim that could have been harmful. Executive Director Martin- I just noticed the top of the negative declaration the date should be changed to February 1995 it was October 1994. COMMENTS MADE DURING VOTE: Councilman Caimano-Before I vote I just want to tell you, if you read through this thing anybody, any of us who do SEQRA's and know the area know, how very tender and sensitive that area is. This is right on the fine edge if it had not been for my fine friend Mrs. Monahan doing all of her leg work no matter how long it took I would not vote for this because it is very, very marginal. However, because of the work she did and because of the work the Planning Dept. did and because of your assurance and your part history I am going to go ahead and vote yes. Supervisor Champagne-I would echo that, Rich, I will tell you this Board got their faith in you and hopefully you are going to do the kind of job down there that we believe you have done in the past and you will continue to do because it is extremely sensitive and everyone that has been there at any time during the year but in particular when Mr. Naylor and I walked it last spring we are all fully aware of the conditions that exist there. So, it is going to take a lot of ingenuity on your part and don't leave out a nitch, there is going to be people watching over this project, no question about it. I think that is one of the problems that we have been having in the Town of Queensbury over the past couple of year. We have exhausted the best quality properties and sites that we have here and unfortunately we are now reaching out for those less desirable sites and we have to rely pretty heavily on those developers to do the kind of work over and above what they would typically do on a site that's got the kind of soil that are best to build on. So with that I will vote yes. Executive Director, Mr. Martin-For example we are looking for those eve trenches to be built exactly as designed. VOTE TAKEN: Councilman Monahan- I would just like to read for the people who do not have this in front of them what we said was the purpose of this rezoning. To determine that the rezoning will allow clustering so that ecologically sensitive land will be protected from excessive development and with appropriate conditions and or restrictions which are agreeable to the applicant the rezoning would result in uses of the property appropriate to the land involved and compatible with the general neighborhood. Under the original zoning you could not cluster and you could not get those necessary restrictions there you needed. Attorney Paul Dusek-It will be necessary to present a declaration of covenants and restrictions to the Town Board for approval which essentially would incorporate all those restrictions that you would see here, until you do that you will not be able to obtain a building permit or do anything to undertake the project. I will have to be filed at the Warren County Clerk's Office. Councilman Monahan-Does he have to do that before he goes to site plan review? Attorney Paul Dusek -Yes, because the zoning is not effected until he does that. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING RESOLUTION NO. 141,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Richard Schermerhorn (Town of Queensbury Tax Map Nos. 60-2-7.1 and 60-2-7.3), and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Executive Director is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation and mail a copy of this determination to all involved agencies. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver ABSTAIN: Mr. Turner RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY RICHARD SCHERMERHORN (TAX MAP NOS. 60-2-7.1 AND 60-2-7.3) FROM SFR-1A (SINGLE F AMIL Y RESIDENTIAL - 1 ACRE) TO SR-1A (SUBURBAN RESIDENTIAL - 1 ACRE) RESOLUTION NO. 142,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Richard Schermerhorn petitioned the Town Board of the Town of Queensbury for a zoning change of his property (Town of Queensbury Tax Map Nos. 60-2-7.1 and 60-2-7.3) from SFR-1A (Single Family Residential- 1 Acre) to SR-1A (Suburban Residential- 1 Acre), for the purpose of constructing five single family homes, and WHEREAS, on July 26, 1994, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petition, and WHEREAS, public hearings were held on this matter on October 17, 1994 and February 27, 1995, and WHEREAS, the Town Board of the Town of Queensbury has determined that the rezoning will allow clustering so that ecologically sensitive land will be protected from excessive development and with appropriate conditions and/or restrictions which are agreeable to the applicant, the rezoning would result in uses of the property appropriate to the land involved and compatible with the general neighborhood, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning as conditioned and/or restricted will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the areas to be rezoned, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Richard Schermerhorn (Town of Queensbury Tax Map Nos. 60-2-7.1 and 60-2-7.3) to SR-1A (Suburban Residential- 1 Acre), thereby authorizing a six lot subdivision one open space lot and with the construction of five single family homes, one per lot, as a permitted use under ~ 179.19 of the Town of Queensbury Zoning Ordinance in such area, except the following uses will not be allowed under this rezoning: 1. all other uses allowed under Suburban Residential - 1 Acre, site plan review uses, as set forth in the Town of Queensbury Zoning Ordinance, as enacted or ordained as of February 27, 1995, and more specifically set forth in Chapter 179-19 of the Code of the Town of Queensbury; 2. inground swimming pools; and further provided that the following use and area regulations shall also be complied with: 1. legislation; No more than six lots may be created by subdivision of the land that is rezoned by this 2. No more than five single family homes may be constructed on the property which is the subject of this rezoning; 3. Houses authorized in accordance with this legislation shall be built on slabs; 4. The footprint of each single family home authorized by this legislation shall not exceed the area of 900 square feet; 5. square feet; The footprint of each garage authorized by this legislation shall not exceed an area of 600 6. There shall be no more than one garage for each lot with no garages allowed on the lot that is not to be developed as a part of the proposal; 7. Eve trenches, etc., shall be utilized in connection with all houses and garages and shall meet or exceed the following requirements: A. three foot minimum trench depth; B. trenches shall be wrapped in drainage type filter fabric; C. only #2 stone shall be used to fill trenches; 8. Four building lots shall front on Meadowbrook Road and adjoining lots shall be serviced by driveways having a single continuous curb-cut such that two lots will share a single continuous curb-cut; 9. No development, construction, or disturbance shall occur or be allowed in a DEC wetland existing on the subject property or within 100 feet of the boundary line of said DEC designated wetland area. The area shall be left in its natural state, and any Planning Board approvals shall require this area to be noted and restricted on maps to be filed in accordance therewith; 10. There shall be a 20 foot wide undisturbed natural buffer along the northerly boundary of that part of the subject property which lies and exists adjacent to the lands of West and Meadowbrook Road. The area being more fully described as a twenty foot wide area in the northerly boundary of proposed Lot #5 as shown on the Subdivision Plat dated June 1, 1993 and last revised April 4, 1994, and prepared by VanDusen & Steves, Land Surveyors; 11. A minimum of 65% permeability shall be maintained on all lots; 12. An area of the subject property consisting of the entire area along Halfway Brook, and including an area consisting of and surrounding a man-made pond and consisting of a minimum of 132,079 square feet and a minimum of 50 foot road frontage along Meadowbrook Road shall be left as open space and restricted such that there shall be no further subdivision and development of the same, except for passive, recreational purposes. Passive Recreation is defined as those activities which have a minimum impact to the environment. These activities are limited to: hiking, horse back riding, cross-country skiing, bird watching, bicycling, and fishing. The aforedescribed area is more specifically described as that shown on a subdivision plat for Richard Schermerhorn dated June 1, 1993, last revised April 4, 1994, and prepared by VanDusen & Steves, Land Surveyors; 13. The land shall be subdivided and developed in accordance with and in the same configuration as established by a Subdivision Plat dated June 1, 1993 and last revised April 4, 1994, and prepared by VanDusen & Steves, Land Surveyors; and BE IT FURTHER, RESOLVED, that this rezoning shall be subject to the condition that the applicant prepare and submit to the Town Board for approval and record, a Declaration of Covenants and Restrictions which sets forth the uses not allowed for the property, the use, conditions, and area regulations required as part of the rezoning, and a statement that the covenants and restrictions may not be revised without the approval of the Town Board of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and the Town Clerk is authorized to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change of zone and send a copy of this Resolution to the Executive Director of Community Development for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby directed to mail or send a copy of this Resolution Amending the Zoning Ordinance with a letter advising that the Town of Queensbury Zoning Ordinance has been amended as set forth herein to the applicant, if any, Warren County Planning Board, The Town of Queensbury Zoning Board of Appeals, the Town of Queensbury Planning Board, the Director of Building & Codes, and any agency which was an involved agency for SEQRA purposes, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article 11 of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect ten (10) days after said publication. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver ABSTAIN: Mr. Turner RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. l43A INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Ted Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enters the Queensbury Board of Health. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - ANDERSON SEWER VARIANCE NOTICE SHOWN 8:20 P.M. SUPERVISOR CHAMPAGNE-I'll open the public hearing. Anyone care to speak on this project? Are John or Georgene Anderson are they here? MR. ANDERSON-I'm here. Basically we just want to gain permission to replace our septic system. It seems that the zoning has changed over the last several years requiring us to place one of the seepage pits at least a hundred and fifty feet away from our own well. We only currently have a hundred feet from our own well, but we are a hundred and fifty feet from each neighbor around us? COUNCILMAN TURNER-Are you well driven or shallow Mr. Anderson? MR. ANDERSON-It's drilled sir, I believe it's two hundred seventy some odd feet. COUNCILMAN CAIMANO-Do you see any problems here? DEPUTY TOWN CLERK BARBER-I've got a letter from Dave. Read the following letter into the record. Dear Board Members: Regarding the variance you have before you for John and Georgene Anderson, I would recommend that the Board approve this variance, as they are placing their new septic system in the location of the existing septic system, and have actually improved the distance to the neighbor's well, meeting the required 150 feet. They are also maintaining the separation distance of 100 feet from their well, and there is no other location on the lot where a conforming septic system will fit given the topography of the lot. Sincerely, David Hatin, Director of Building and Codes. SUPERVISOR CHAMPAGNE-Anyone else care to speak, okay I'll close it. PUBLIC HEARING CLOSED 8:26 P.M. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR JOHN & GEORGENE ANDERSON RESOLUTION NO.3, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, John and Georgene Anderson previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on February 27, 1995, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to John and Georgene Anderson allowing the placement of the seepage pit 100 feet from their own well, rather than placing it at the mandated 150' distance, on property situated on 31 Yorkshire Drive, Town of Queensbury, New York, and bearing Tax Map #: Section 48, Block 3, Lot 50.14. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. WILLIAM V. MUNHALL RESOLUTION NO.4, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. William V. Munhall has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Absorption Field 20' and WHEREAS, Mr. William V. Munhall has also applied for a variance from Chapter 136, Table 4, such standard providing that the required length of the absorption trench be 281', and WHEREAS, Mr. William V. Munhall has indicated a desire to place the absorption field 10' from the foundation, rather than placing it at the mandated 20' distance, and to make his absorption trench 218' in length, rather than making it the mandated 281' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on March 20, 1995, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two variances of Mr. William V. Munhall to place the absorption field 10' from the foundation, rather than placing it at the mandated 20' distance, and making the absorption trench 218' in length rather than the mandated 281' distance, on property situated at the corner of Pinetree and Huneysuckle Lanes, Town of Queensbury, New York, and bearing Tax Map No.: Section 8, Block 4, Lot 3, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.5, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Ted Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver TOWN BOARD RESOLUTIONS RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PRESTON COMPUTER SERVICES TO CREATE LOTUS 1-2-3 VER 3.1+ MACROS TO ASSIST TOWN ASSESSOR'S OFFICE RESOLUTION NO. 143,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ted Turner WHEREAS, the Town of Queensbury is desirous of retaining the services of Preston Computer Services to create Lotus 1-2-3 ver 3.1+ macro(s) to assist the Town Assessor's Officer personnel in computing tax exemptions for individuals, including county, town and school exemptions, as well as including appropriate code numbers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of Preston Computer Services as referenced hereinabove, in an Agreement to be approved by the Town Attorney, and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town, and BE IT FURTHER RESOLVED, that the cost of this Agreement, notto exceed the sum of $750., shall be paid for from the Town Assessor's, Computer Hardware and Software Account, #01-13 5 5-2031. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION APPOINTING ZONING BOARD OF APPEALS CHAIRMAN RESOLUTION NO.: 144.1995 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN WHEREAS, the Town Board of the Town of Queensbury has previously established the Zoning Board of Appeals of the Town of Queensbury, and WHEREAS, the Zoning Board of Appeals has recommended that Mr. Fred A. Carvin serve as the Zoning Board Chairman, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the designation of Mr. Fred A. Carvin to serve as Chairman of the Town of Queensbury Zoning Board of Appeals, pursuant to Town Law. Duly adopted this 27th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION APPROVING OFFICERS OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 145,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan Introduced from the floor a resolution to approve the slate of officers that the Queensbury Planning Board voted on at its last meeting. Motion to nominate Robert Paling for the Chairman of the Queensbury Planning Board. Introduced by George Stark and moved for its adoption, seconded by Catherine Labombard. Adopted the 21st day of February 1995 by the following vote: Ayes: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Paling Noes: Mr. MacEwan, Mr. Ruel, Abstain: Mr. Brewer Motion to nominate James Obermayer for Vice Chairman of the Queensbury Planning Board Introduced by Robert Paling who moved for its adoption, seconded by George Stark Duly adopted the 21st day of February 1995 by the following vote: Ayes: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Paling Noes: Mr. MacEwan, Mr. Ruel, Abstain: Mr. Brewer Duly adopted this 27th day of February, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS TO SELL APPROXIMATELY 200 STORAGE BOXES RESOLUTION NO. 146,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of selling, by advertisement for and receipt of bids, approximately 200 storage boxes, with Town rights to turn down all bids, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said approximately 200 storage boxes be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than March 15th, 1995, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and that if a bid is accepted, that full payment for the storage boxes must be made in cash or certified check or bank cashier's check and delivery must be taken within 10 days of the opening of bids, and BE IT FURTHER, RESOLVED, that the Town Clerk or her designated Deputy, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., March 15th, 1995, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 27th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION OF APPOINTMENT RESOLUTION NO. 147,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Ms. Alberta Steans to a part -time Clerk position as part of the SARA Grant, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Ms. Alberta Steans to the part-time Clerk position, effective February 28, 1995, at a rate of pay of $6.00 per hour, and BE IT FURTHER, RESOLVED, that the hourly wages paid to Ms. Steans shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 27th day of February, 1995, by the following vote: AYES : Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: Mrs. Pulver RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 148,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: ATTORNEY: FROM: TO: $ AMOUNT: 01-1420-2032 Computer Software 01-1420-4050 Books, Pubs., & Subscriptions 800. COMPTROLLER: FROM: TO: $ AMOUNT: 01-1310-4050 (Books, Pub., & Subs) 01-1315-4050 (Books, Pubs. & Subs) 250. 01-1310-4100 (Telephone) 01-1315-4100 (Telephone) 2,780.38 01-1310-4220 (Training & Education) 01-1315-4220 (Training & Education) 940. 01-1310-1180 (Prin. Acct. Clerk) 01-1315-1180 (Prin. Acct. Clerk) 27,461.54 COMPTROLLER: FROM: TO: $ AMOUNT: 01-1310-4010 01-1315-4010 450. (Office Supplies) (Office Supplies) 01-1310-4040 01-1315-4040 100. (Dues & Reg.) (Dues & Registration) 01-1310-1090 01-1315-1090 19,142.76 (Account Clerk) (Account Clerk) 01-1310-1090-0002 01-1315-1090-0002 932.70 (Acct. Clerk - OT) (Account Clerk - OT) 01-1310-1100 01-1315-1100 20,736. (Sr. Act. Clerk) (Sr. Act. Clerk) 01-1310-4400 01-1315-4400 1,000. (Misc. Contractual) (Misc. Contractual) 01-1990-4400 01-1315-1035 2,200. (Contingency) (Comptroller Salary) 01-1990-4400 01-1315-4040 320. (Contingency) (Dues & Registrations) 01-1990-4400 01-1315-2001 650. (Contingency) (Misc. Equipment) 01-1990-4400 01-1315-4090 600. (Contingency) (Conferences) 01-1990-4400 01-1315-4220 1,750. (Contingency) (Training) FIRE PROTECTION: FROM: TO: $ AMOUNT: 05-3410-4400 05-9960-9064 131,000. (Misc. Contract.) (Tax Reserve) 05-3410-4415 05-3410-4400 8,500. (Fire Contracts) (Misc. Contract.) TOWN CLERK: FROM: TO: $ AMOUNT: 01-1410-2001 01-1410-2031 159. (Misc. Equip.) (Computer Equip.) WATER: FROM: TO: $ AMOUNT: 40-8340-4400 (Misc. Contract.) 40-9040-8040 (Worker's Comp.) 1,094. 47-8310-4710 (Eng. Services) 47-8310-2001 (Misc. Equipment) 3,000. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 27th day of February, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PENFLEX, INC. RESOLUTION NO. 149,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury recently enacted revisions to the Fire Service Award Local Law, which revisions authorize expanded investments, and WHEREAS, the Town Board has been advised that it is necessary to also arrange for the revision of the Town of Queensbury Volunteer Firefighter Program and trust documents, and WHEREAS, Penflex, Inc. has indicated that it could assist in the revision of the aforesaid documents at a total cost for services estimated at $500.00 to $1,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment ofPenflex, Inc., at an hourly rate of $135.00 for services to be performed by Mr. Holohan and $45.00 for a secretarial rate, at a total cost not to exceed $1,000.00 unless specifically authorized by resolution of the Town Board, and BE IT FURTHER RESOLVED, that this shall be paid for from the Service Award Line budget Account. Duly adopted this 27th day of February, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NIAGARA MOHAWK POWER CORPORATION CONCERNING INITIAL CONSTRUCTION, CLEARING AND GRUBBING IN CONNECTION WITH WATER TREATMENT PLANT EXPANSION PROJECT RESOLUTION NO. 150, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, it is necessary that initial construction, clearing, and grubbing be performed on a portion of property owned by Niagara Mohawk Power Corporation adjacent to the Town of Queensbury Water Treatment Plant, as part of the proposed Town of Queensbury Water Treatment Plant Expansion, and WHEREAS, Niagara Mohawk Power Corporation has granted permission to enter their lands, provided that an Agreement be signed, a copy of the proposed Agreement being presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby formally approves the Agreement presented at this meeting and referred to hereinabove, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the aforesaid Agreement and any further and other agreements that may be agreed to between the parties, and that may be considered necessary or appropriate concerning construction, clearing, and grubbing on the Niagara Mohawk property, and the Town Supervisor is further authorized and directed to execute the same on behalf of the Town of Queensbury and place the Town seal thereon, should it be necessary, and generally take all other and further action as may be necessary or appropriate by virtue of the authorizations contained in this resolution. Duly adopted this 27th day of February, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING ZONING BOARD OF APPEALS TO RETAIN ATTORNEY JONATHAN C. LAPPER RESOLUTION NO. 151,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Zoning Board of Appeals for the Town of Queensbury has requested that the Town Board of the Town of Queensbury appropriate funds to allow for an attorney to service the Zoning Board of Appeals, concerning the Article 78 Proceeding filed by Mr. John Brock of the Mooring Post Marina, and WHEREAS, Town Law ~27l provides that the Town Board is authorized and empowered to make such appropriations as it may see fit for Zoning Board expenses, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Zoning Board of Appeals to retain the services ofMr. Jonathan C. Lapper regarding the Article 78 Proceeding filed by Mr. John Brock of the Mooring Post Marina, an hourly rate of $120., and to be paid for from the appropriate Zoning Account, and BE IT FURTHER, RESOLVED, that all bills submitted for legal services shall include a brief description of the service performed, the date of service and charge for the same, and BE IT FURTHER, RESOLVED, that this authorization is contingent upon the fee arrangement being consistent with the terms and provisions of the retainer agreement submitted at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid agreement. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION HIRING O'BRIEN & GERE ENGINEERS, INC. CONCERNING SANITARY SEWER CAPACITY STUDY IN GLENS FALLS - BAY AT SANFORD STREETS RESOLUTION NO. 152, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury desires to hire an engineering firm to address the sewer capacity of the City of Glens Falls, the primary purpose of the engineering being to estimate the available capacity in the existing City sewer system that accepts the Town's flow, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc. to address the sewer capacity of the City of Glens Falls, the primary purpose of the engineering being to estimate the available capacity in the existing City sewer system that accepts the Town's flow, at a sum not to exceed $4,000.00, and to be paid for from Engineering Services Account No.: 40-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an agreement in a form to be approved by the Town Attorney, for the retention of the services of O'Brien & Gere Engineers, Inc., consistent with the terms and provisions of this resolution. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING THE AWARDING OF AIR CONDITIONING BID RESOLUTION NO. 153, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Ted Turner RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the sum of $22,900.00 posted by Marvin Dobert, dba Glens Falls Refrigeration is sufficient for the surety that's been required as part of the bid specifications and hereby authorizes the Town Supervisor to arrange for the award of the bid to Mr. Dobert, his company subject to the execution of contracts and also preparation of any necessary agreements for the surety bond. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver DISCUSSION HELD COUNCILMAN MONAHAN-Questioned the sanitary sewage disposal for Mr. Munhall noting that she doesn't see the wells on all the neighboring property that could be affected. Asked Mr. Martin to check into this to make sure there is a complete description. COUNCILMAN CAIMANO-Questioned the difference in amounts regarding the RFP's for Queensbury Forest? It was the decision of the Town Board to bring in the bidders for discussion before the next regular meeting. ATTORNEY MATTERS ATTORNEY DUSEK-Spoke to the Board regarding an issue raised concerning Queensbury Forest regarding the grading on the property. Executive Director, Mr. Martin indicated that he was not able to report to Mr. Ammirati satisfactorily as to what exactly needs to be finished off on the property without some engineering help. Mr. Ammirati's Attorney has indicated they would like to know what needs to be finished, noted the Board is in the position of getting the grading issued resolved. EXECUTIVE DIRECTOR, MR. MARTIN-Noted he has three problem areas. One is the driveway into the Gilligan residence. Second the driveway along Hampton Court. Third the Dougherty backyard. COUNCILMAN MONAHAN-Questioned if it was the responsibility of the developer to hire the engineer? COUNCILMAN CAIMANO-Let's hire this engineer that we're talking about and let that be the end. ATTORNEY DUSEK-Noted the Town focused primarily on the water system analysis. Is in agreement that the Town needs to get to the next engineering stage before you can do to much more with that part of it. Noted his concern with the grading that we have the applicant and his Attorney saying to the Town, what's wrong what needs to be done. I think the Town has to respond and tell what's wrong with the grading. COUNCILMAN CAIMANO-Recommended making a report of what's wrong with the grading. Spoke to the Board regarding the resolutions regarding terms of office and salary issue pertaining to the Town Board that Attorney has sent to them. Asked Board members to review these resolutions. COUNCILMAN MONAHAN-Recommended discussing this in a workshop. DISCUSSIONS SUPERVISOR CHAMPAGNE-Spoke to the Board regarding a request from WalMart asking the Town to approve them tieing into the sewer system. ATTORNEY DUSEK-The district creation has been done and is complete. Noted according to Mike Shaw the money is in escrow for completion of the district. Questioned the amount? MIKE SHAW, DIRECTOR OF WASTEWATER-Ninety thousand. ATTORNEY DUSEK-The project is not at the point for acceptance of the sewer pipes due to concerns regarding full inspections of the pipes and concerns about restoration. In this particular case they are asking to allow sewage to flow through the pipes before you have accepted the pipes. DIRECTOR OF W ASTEW A TER, MR. SHAW-When they do tear down the other buildings and destroy the septic system the only other alternative would be to go to the holding tanks. SUPERVISOR CHAMPAGNE-Stated to put holding tanks there to put WalMart through that it has no value as far as the Town is concerned. If we have a ninety thousand dollar retainer on that it seems to me before we turn the money back we refund the money that they will make it right, noting he feels confident and comfortable in letting them tie in. COUNCILMAN CAIMANO-Noted his concern that the Town is taking the risk. COUNCILMAN MONAHAN-Questioned why can't they hookup? DIRECTOR OF W ASTEW A TER, MR. SHAW-The restoration hasn't been done the complete line hasn't been installed only partially. COUNCILMAN TURNER-Questioned what it would take to get them from the septic tank to the discharge pipe of the main? WASTEWATER DIRECTOR, MR. SHAW-It is ninety percent constructed to the plaza. Recommended not to accept the mains until completed. Noted a portion of the pipes they are using have been inspected. COUNCILMAN CAIMANO-Questioned why isn't the line complete before the building is ready for it? WASTEWATER DIRECTOR, MR. SHAW-The line is complete to the point where they can discharge into it. They haven't continued on because it's the only entrance and exit to the plaza at this point. Believes they have to complete the other old entrance and exit prior to continuing the main through. COUNCILMAN TURNER-Recommended WalMart taking out a short term insurance policy to cover their action if the Town lets them use the main. SUPERVISOR CHAMPAGNE-Asked Mr. Shaw to contact him tomorrow regarding this situation. OPEN FORUM PLINEY TUCKER-Division Road, Queensbury. Questioned the resolution regarding the hiring of O'Brien and Gere for a sewer study, asked what is involved? SUPERVISOR CHAMPAGNE-In order for us to expand the sewer by adding the Bay Road corridor we have to verify the flow that is now carrying the sewage from Queensbury through the Sanford Streets mains. According to previous reports they would indicate at this stage that could no longer accept any additional flow. MR. TUCKER-Questioned when this district is established if the money will come back into the general fund. SUPERVISOR CHAMPAGNE-Yes. MR. TUCKER-Questioned with the regionalization of the water plant if it's legal to accept recreational lands? ATTORNEY DUSEK-Noted there is no proposal regarding this. COUNCILMAN CAIMANO-Noted there is no proposal, but there are areas to be discussed. COUNCILMAN MONAHAN-It would have to be done as separate actions. MR. TUCKER-Questioned if the water district would have a right to vote on the regionalization? ATTORNEY DUSEK-Yes. MR. TUCKER-If this can happen and happen legal and save money it would be a good move. COUNCILMAN MONAHAN-Noted that would be the whole point of doing it the Board is exploring options. MR. SALVADOR-Questioned the status of North Queensbury Sewer? SUPERVISOR CHAMP AGNE- They are still in a holding pattern. Looking to bring in an administrator to administer the program. MR. SALVADOR-Questioned the status of the Lake George Park Commission Wastewater Inspection Agreement if it has been rescinded? ATTORNEY DUSEK-Noted he will take care of this matter. MR. SALVADOR-Questioned the status of the stormwater management plan? EXECUTIVE DIRECTOR, MR. MARTIN-Will be having a meeting with the Advisory Committee within the next two weeks. MR. SALVADOR-Questioned if the Board is moving forward with the reorganization plan? Questioned if the reorganization reflects the need of an engineer on the Town staff? SUPERVISOR CHAMPAGNE-Noted they are moving forward with the reorganization, but it does not reflect the need of an engineer. MR. SALVADOR-Questioned the status of emergency services? SUPERVISOR CHAMPAGNE-Has interview a gentlemen from the State Department of Fire Safety and Protection. He has sent a list of consultants that do this in addition to his department, noted it will be a six to eight week waiting period to get him here not sure if they want to wait that long. Sent letters to other six or eight private contractors asking them to offer whatever suggestion they might have in terms of scope of work. MR. SALVADOR-Questioned the status of bus service to North Queensbury? SUPERVISOR CHAMPAGNE-Noted he is still working on this. DISCUSSION AUDIT OF BILLS MS. GEOFFROY-Spoke to the Board regarding process for the audit of bills. COUNCILMAN CAIMANO-Noted if there is an abuse or things that need to be corrected they should be brought forward at the meetings. COUNCILMAN MONAHAN-Asked that a copies be kept in the Supervisor's Office. MS. GEOFFROY-Noted that one copy will be on file in the Town Clerk's Office. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 154, 95 INTRODUCED BY: MR. NICK CAIMANO WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. TURNER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss two matters of assessment litigation and one matter concerning Glens Falls and Town of Queensbury litigation. Duly adopted this 27th day of February, 1995, by the following vote: Ayes: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 155, 95 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. NICK CAIMANO RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board hereby adjourns its Regular Meeting. Duly adopted this 27th day of February, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None Absent:Mrs. Pulver No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury LOCAL LAW NO. 6,1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF ENTITLED, PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/TRANSIENT MERCHANT MARKETS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by deleting and repealing Chapter 160, Transient Merchants, Peddlers, and Solicitors. SECTION 2. The Code of the Town of Queensbury is hereby amended by adding thereto a new chapter to replace Chapter 160 hereinabove repealed, to be Chapter 160 Peddlers/Solicitors, Transient Merchants/Transient Merchant Markets to read as follows: PEDDLERS/SOLICITORS TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKETS ~ 160.1 TITLE ~ 160.2 STATUTORY AUTHORITY ~ 160.3 PURPOSE ~ 160.4 DEFINITIONS ~ 160.5 GENERAL REQUIREMENTS ~ 160.6 GENERAL EXEMPTIONS ~ 160.7 LICENSE REQUIREMENTS-PEDDLERS/SOLICITORS ~ 160.8 LICENSE REQUIREMENTS-TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET ~ 160.9 ISSUANCE OF DENIAL OF LICENSE ~ 160.10 APPEAL ~ 160.11 REVISIONS TO APPLICATIONS ~ 160.12 SEVERABILITY ~160.l TITLE This Chapter shall be titled, "A Local Law Regulating Peddlers/Solicitors, Transient Merchants/Transient Merchant Markets. " ~160.2 STATUTORY AUTHORITY The authority for this chapter is Municipal Homes Rule Law -- 10, Subdivision l(ii) a(1l) and (12), and Town Law Article 16 entitled, "Zoning and Planning." ~160.3 PURPOSE The purpose of this chapter is to register and regulate SolicitorslPeddlers, Transient Merchant, and Transient Merchant Markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this chapter within the Town of Queensbury. In those instances where the aforesaid transient merchants and/or markets for transient merchants, solicitors, and peddlers are in a fixed place for a period of time, the purpose of this law is also to require conformity with the Town's Comprehensive Land Use Plan and Zoning Laws so that the community's land use and planning goals are not unduly interfered with or defeated by unregulated enterprises. ~160.4 DEFINITIONS As used in this chapter, the following terms shall have the meanings indicated: APPLICANT - An individual, partnership, corporation, association, tenant and/or property owner requesting a Peddlers/Solicitors License or Transient MerchantlTransient Merchant Market License SOLICITOR/PEDDLER - A person, corporation, partnership, association or any other organization undertaking a commercial activity through the act of selling, offering for sale, soliciting orders for future sales of merchandise, works of art, meats, seafood, vegetables, fruit, other food products or goods of any kind, magazines, books, photos, educational books, by going from house to house and not by remaining stationary in any private or public place, motor vehicle or non-motorized vehicle for the purpose of making or soliciting sales or demonstrating or making estimates of services to the general public. TRANSIENT MERCHANT - A retail or wholesale business conducted in a building, temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right -of-way; or in any other place for a temporary period to time. The type of merchandise being offered for sale will have no bearing on the designation. TRANSIENT MERCHANT MARKET - A Transient Merchant Market being any gathering, or group of three (3) or more transient merchants, peddlers/solicitors upon any lands, structures or facilities within the Town of Queensbury. ~160.5 GENERAL REQUIREMENTS - All activities which meet definition of SolicitorslPeddlers and Transient MerchantlTransient Merchant Market shall comply with the following requirements: A. LICENSE - All activities as defined in ~160.4 Definitions, except those listed in ~160.5 shall be subject to issuance of a license by the Town Clerk. The conditions for obtaining a license are set forth: ~ 160.7 License Requirements - SolicitorlPeddler ~160.8 License Requirements - Transient MerchantlTransient Merchant Market. B. LOCATION - All activities as defined in ~160.8 Transient MerchantlTransient Merchant Markets shall comply with the Town of Queensbury Zoning requirements for use, area and parking. C. TIME - All activities as defined in ~160.3 Definitions shall be limited in duration by the requirements set forth: ~ 160.7 License Requirements for Peddlers/Solicitors ~160.8 License Requirements for Transient MerchantlTransient Merchant Market. D. FEE - All activities as defined in ~160.4 Definitions shall be subject to payment of a license fee as set forth: ~ 160.7 License Requirements - Peddlers/Solicitors ~160.8 License Requirements-Transient MerchantlTransient Merchant Market. ~160.6 GENERAL EXEMPTIONS - The provisions of this Local Law shall not apply to: A) any sales conducted pursuant to statute or by order of any court; B) the PEDDLING of meats, fish, fowl, fruit, vegetables, flowers, shrubs and trees by a gardener or farmer or his employees where the products so sold or offered for sale are the produce of this vendor's farm, garden or orchard; C) daily newspapers; sales by dealers in milk, baked goods, heating fuel, dry cleaning/laundry and D) sales by any person soliciting at the express invitation of the person solicited or soliciting to established customers; E) sales by any school group, veterans, fraternal or charitable organization, volunteer firemen's association, religious, civic or service group or other non-profit organization or association that maintains a chapter or place for the regular conduct of business or meetings within the County of Warren; F) to any veteran who has procured a license from the State of New York pursuant to ~32 of the General Business Law; G) to garage sale. ~160.7 LICENSE REQUIREMENTS - PEDDLERS/SOLICITORS A. APPLICATION FOR PEDDLERS/SOLICITORS LICENSE - All Peddlers/Solicitors, except those exempted from this chapter (See ~160.6), shall be required to obtain a license from the Town Clerk. (1) The application as provided by the Town Clerk shall contain the following information and material: (a) The name of the applicant. (b) The applicant's federal employee identification number or social security number. (c) The applicant's New York State sales tax number. (d) The applicant's permanent home residence and business address, if any. by the (e) If the application is filed by an agent, the name of the firm/association or person represented and written authorization firm authorizing the representation. (f) The number of weeks and the beginning and ending date for which the license is requested. the brand (g) 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. name, manufacturer (including address) and Included shall be distributor of goods (including address), and of all books, magazines or commodities and the name, publisher and periodicals to be offered for sale. distributor (h) Authorization of an agent to receive service of summons including name and address. (2) The application must be appended to a document of authorization from the firm which the applicant purports to represent. (3) Before license can be issued the applicant must provide a bond, letter of credit or cash required by this chapter. (See ~160.7C.) (4) The applicant shall pay the fee set forth in ~ 160. 6B, at the time of application. B. LICENSE FEE/DURATION - SOLICITOR/PEDDLERS- All licenses for SolicitorlPeddlers shall be subject to the following time constraints and fee Schedule: 1. A fee of fifteen dollars ($15.00) per week, shall be Clerk prior to issuance of the license. paid to the Town 2. Each applicant for a SolicitorIPeddlers license shall be limited to one (1) license per year. 3. The maximum licensing period for SolicitorlPeddlers license shall be sixteen (16) weeks per calendar year (calendar year will run from January 1 st to December 31 st.) per application. C. BOND OR CERTIFIED FUNDS - Before any license authorized herein shall be issued, the applicant shall file with the Town Clerk proof of an bond executed by a surety company or insurance company licensed to do business in the State of New York or an irrevocable one-year letter of credit issued by a licensed banking institution, in the sum of five thousand dollars ($5,000) 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 or fraudulent unlawful sales practices by any person licensed hereunder. In lieu of the foregoing bond or irrevocable letter of credit, 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 (1) year from the expiration of the license. Interest earned shall be the property of the applicant. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by citizens of the Town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder. ~160.8 LICENSE REQUIREMENTS-TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET A. APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET - All Transient MerchantsITransient Merchant Markets, except those exempt from this Chapter (see ~ 160-6), shall be required to obtain a license from the Town Board. (1) APPLICATION. Written application for a license to operate a Transient Merchant/Transient Merchant Market shall be provided by the Town Clerk and submitted to the Town Board at least sixty days (60) prior to the commencement of operation by filing the application as provided by the Town Clerk during regular business hours. The application shall contain the following information: (a) The name of the applicant. (b) The applicant's federal employee identification number. (c) The applicant's New York State sales tax number. (d) The location of the proposed market. (e) The residence address and/or business address of the applicant, if any. If application is filed by an agent, the name of the firm or person represented and written authorization by the firm authorizing the representation. (f) The number of transient merchants or solicitors that will have business in or be part of the proposed market. (g) A plan or map to scale showing the location of the proposed market in proximity to property boundaries and any other temporary or permanent structure on the lot. The plan or map shall also show the location of the vendors within the market the provision for dedicated parking, vehicular access to and from the site, the zoning district in which the market is to be located, provision for water supply and sewage disposal. (h) The days and hours during which the market will be open or operated, up to a maximum offourteen (14) days in any year that the license for such market is in effect. (i) A general description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services. (j) Authorization of an agent to receive service of summons. (k) Such other information as the Town Board shall require to enable the Town Board to make its review in accordance with the general requirements hereinafter set forth. (1) Fifteen (15) copies of a completed application shall be submitted - one (1) copy for the Town Clerk and one (1) copy for the Zoning Administrator for a determination of the completeness of the application and compliance with the requirements of this Chapter and the Town of Queensbury Zoning Ordinance, seven (7) copies to the Planning Board, five (5) copies to the Town Board and one (1) to the Town Attorney. (2) SITE PLAN REVIEW- All applications for operation as a Transient Merchant/Transient Merchant Market shall be subject to site plan review by the Town of Queensbury Planning Board. A. The Town Clerk upon receipt of an application deeded complete by the Zoning Administrator will forward the same to the Town Board. B. The Town Board at its discretion may forward the application to the Town Planning Board for Site Plan Review comments. C. 1. The Queensbury Planning Board shall review and recommend the approval, approval with modifications, or denial of the site plan, which has been prepared to the specifications set forth in this Local Law, and in accordance with the regulations, set forth in Chapter 179, Article 5, ~179-34 - 39 of the Code of the Town of Queensbury. 2. In addition to the filing fee provided for herein, the applicant shall also be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or other technical review, provided that the fees or costs reflect the actual cost to the Planning Board therefore. This fee shall not exceed $1,000. without the consent of the applicant. D. After receipt of a recommendation from the Queensbury Planning Board the Town Board will make the final determination of approval, approval with modifications or denial. credit or cash E. Before license is issued the applicant must provide a bond, letter of required by this chapter. (See ~160.7C.) F. The applicant shall pay the fee set forth in ~160.8B, at the time of issuance of license. B. LICENSE FEE/DURATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET - All licenses for operation of Transient MerchantlTransient Merchant Market shall be subject to the following time constraint and fee schedule: 1. A fee of five hundred dollars ($500.00) per day shall be paid to the Town Clerk after approval of the application by the Town Board and prior to issuance of license. 2. Each applicant for a Transient MerchantlTransient Merchant Market license shall be limited to one (1) license per year. The maximum licensing period for a Transient Merchant License or Transient Merchant Market License shall be fourteen (14) days per calendar year (calendar year will run from January 1 st to December 31 st.) per applicant. C. BOND OR CERTIFIED FUNDS - Before any license authorized herein shall be issued, the applicant shall file with the Town Clerk proof of an bond executed by a surety company or insurance company licensed to do business in the State of New York or an irrevocable one-year letter of credit issued by a licensed banking institution, in the sum often thousand dollars ($10,000) 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 or fraudulent unlawful sales practices by any person licensed hereunder. In lieu of the foregoing bond or irrevocable letter of credit, 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 (1) year from deposit. Interest earned shall be the property of the Applicant. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by a citizens of the town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder. ~160.9 ISSUANCE OR DENIAL OF LICENSE 1. Upon receipt of an application, the Town Clerk shall refer the application, in accordance with this Local Law, to the Planning Board for Site Plan Review. 2. The Town Clerk shall refuse to register the application and issue a license if it is determined, pursuant to the procedures required herein: A. that the application is incomplete and does not contain all information required; B. that Site Plan Approval is not issued by the Planning Board; C. the failure to provide a bond or certified funds and an authorization of agent or service as required hereby; D. absent a cause to refuse registration in accordance with this section, the Town Clerk shall grant a registration and issue to the applicant a license. Such license shall authorize the holder to conduct business within the Town in accordance with the terms and provisions hereof or any site plan approvals, for a period of the license. The Town Clerk shall maintain an accurate record of every application received and acted upon, together with all other information and data pertaining to the application and all licenses issued and applications refused. ~ 160.10 APPEAL - Any applicant refused registration and/or a license shall appeal to the Town Board of the Town of Queensbury prior to commencing any proceedings at law to review the determination of the Town Clerk. The appeal to the Town Board shall be made by way of written letter submitted to the Town Clerk of the Town of Queensbury, within thirty (30) days of the time the registration and/or license is denied. The letter appealing the Town Clerk's decision shall set forth each and every reason why the applicant feels that the denial of the registration or license was improper. Upon receipt of such an appeal, the Town Board of the Town of Queensbury shall, within twenty (20) days, mail written notice to the Appellant, which date and time shall be not later than thirty (30) days from the date the registration or license was denied. Upon hearing the appellant's arguments, as well as reviewing the applications and the law, the Town Board of the Town of Queensbury shall make a decision as to whether to uphold the Town Clerk's findings or deny the same, within fifteen (15) days thereafter. In the event that the Town Board fails or refuses to take action on the appeal, such non-action will not be considered as approving the permit, but shall allow the applicant to, at that time, proceed with any other type of judicial review that may be entitled to under law. Such judicial review, however shall be made within thirty (30) days of the item the Town Board refuses or fails to take action or thirty (30) days from the last date by which the Town Board was to have taken some action as required by this Local Law. ~160-l1.REVISIONS TO APPLICATIONS The Town Board may, from time to time and by resolution, specify the form of the applications and licenses required herein but may not change the content or matters to be included therein without revision of this chapter. ~160-l2. SEVERABILITY If for any reason any section or part or parts of any section of this Local Law shall be declared unconstitutional or beyond the power the Town to enact, such facts shall not affect or impair in any way any other provisions of this Local law, but such other provisions shall be in full force and effect. SECTION 3. Applicability; preexisting licenses and regulations. This chapter shall apply to all transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this chapter within the Town of Queensbury as of the effective date of this chapter, except that this chapter shall not apply to any transient merchant, solicitor, peddler or transient merchant and/or solicitor market who or which has a current and valid license, permit, or approval to operate, issued prior to the effective date of this chapter by the Town Board or the Town Clerk of the Town of Queensbury in accordance with the provisions of previous Chapter 160 herein repealed. Licenses, permits or approvals previously issued shall be authorized pursuant to and subject to the provisions of the aforementioned repealed Chapter 160. Any new licenses or renewals of previously issued license, permits or approvals therefore shall be applied for and issued in accordance with this chapter. Transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets for which licenses, permits or approvals are required or issued in accordance with this chapter shall be subject to and regulated in accordance with the provisions of this chapter. The exemption from the provision of this chapter of transient merchants and solicitors who have a current and valid license, permit or approval to operate shall not apply to those operating in a transient merchant and/or solicitor market, except as specifically provided for herein. The provisions of this chapter shall apply and supersede all previously local laws or regulations.