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1983-04-26 140 AUTHORIZED TO EXECUTE THE AFORESAID TRANSPORTATION AGREEMENTS AND ADDENDUM TO TRANSPORTATION AGREEMENT AND TO ISSUE THE APPROPRITE CHECKS FOR THE TOWN OF QUEENSBURY ' S INITIAL CAPITAL EXPENSE AND INITIAL OPERATION AND MAINTENANCE GENERAL EXPENSE PAYMENT , AND TO FURTHER EXECUTE ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE TERMS AND PROVISIONS OF THE TRANSPORTATION AGREEMENT AND THE ADDENDUM THERETO. DULY ADOPTED BY THE FOLLOWING VOTE : i AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE i ABSENT : NONE j TOWN BOARD MEETING APRIL 26 , 1983 MEMBERS PRESENT MR. DANIEL OLSON-DEPUTY SUPERVISOR DR. CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN MR. WILSON MATHIAS-TOWN COUNSEL ABSENT MRS. FRANCES WALTER-SUPERVISOR PLEDGE OF ALLEGIANCE LED BY DEPUTY SUPERVISOR DANIEL OLSON MEETING OPENED 7 : 36P. M. PRESS : WBZA, G. F. POST STAR i TOWN OFFICIALS : MR. PAUL NAYUOR , MR. RALPH VANDUSEN , MR. FLACK DEAN GUESTS : MR. FISCHER , MR. STEWART , MR. TURNBULL , MR. WHALEN , MR. LAMORA PUBLIC HEARING-AMEND ORDINANCE NUMBER 34 ' ' ORDINANCE REGULATING SPEED OF MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY , WARNER BAY , ASSEMBLY POINT AND HARRIS BAY' ' AMEND AS FOLLOWS : SECTION 1 ( B ) ( 1 ) UNNAMED-'CM Ve UPON WHICH FISCHERS MARINiA IS SITUATED. BOUNDED NORTHERLY BY THE LANDS NOW OR FORMERLY OF BRUCE AND RUTH SMITH DESIGNATED AS SECTION 152 BLOCK 1 LOT 8 ON THE WARREN COUNTY TAX MAP , BOUNDED ON THE SOUTH BY A POINT OF LAND NOW OR FORMERLY OWNED BY DAVID VROOMAN AND DESIGNATED AS SECTION 18 BLOCK 1 LOT 15 ON THE WARREN COUNTY TAX MAP OF 'THE TOWN OF QUEENSBURY , BOUNDED ON THE EAST BY LANDS BORDERING ALONG THE SHORES OF LAKE GEORGE , AND BOUNDED ON THE WEST BY A LINE APPROXIMATELY 900 FEET RUNNING FROM THE LANDS OF VROOMAN AS AFORESAID TO THE LANDS OF SMITH AS AFORESAID. NOTICE SHOWN-PUBLIC HEARING OPENED 7 : 36 P . M. DEPUTY SUPERVISOR OLSON- ASKED FOR PUBLIC COMMENTS . . . MR. FISCHER- OWNER AND OPERATOR OF FISCHERS MARINA , I HAVE BEEN TRYING FOR FIVE YEARS TO GET FIVEAMILE BUOY. . SPOKE ON THE INCIDENTS`: OF _ ACCIDENTS CAUSED BY HIGH RATES OF SPEEDS (IN THE COVE AREA. . . DAMAGING DOCKS AND BOATS. . . I AM IN FAVOR OF THIS AMENDMENT . . . COUNCILMAN EISENHART- NOTED THAT THIS ORDINANCE HAS BEEN AMENDED BEFORE . . . DEPUTY SUPERVISOR OLSON- ASKED FOR FURTHER INPUT , HEARING NONE THE PUBLIC HEARING WAS CLOSED. . . 7 : 41: P. M. PUBLIC HEARING-TO REPEAL ORDINANCES NO . 16 ' ' AN ORDINANCE TO REGULATE AND LICENSE HAWKING , PEDDLING AND VENDING OF GOODS ' ' No. 35 ' ' AN ORDINANCE TO REGULATE TRANSIENT OR ITINERANT MERCHANTS IN THE TOWN OF QUEENSBURY' ' NOTICE SHOWN 7 : 41 P. M. 141 DEPUTY SUPERVISOR OLSON-ASKED FOR PUBLIC INPUT COUNCILMAN MORRELL- NOTED THAT THIS WAS A LEGAL FORMALITY DEPUTY SUPERVISOR OLSON- ASKED FOR FURTHER INPUT , HEARING NONE THE PUBLIC HEARING WAS CLOSED. .. 7 :42 P . M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO . 87 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS i ADOPTION , SECONDED BY MR. DANIEL OLSON : ' RESOLVED, THAT THE TOWN BOARD MINUTES OF APRIL 12 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : A&ES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , NOES : NONE ABSENT : MRS.: WALTER RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO . 88 , INTRODUCED BY MR. DANIEL MORRELL WHO MOED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED , THAT BINGO LICENSE NO. 17030 BE AND HEREBY IS APPROVED ALLOWING WEST GLENS FALLS FIRE CO. TO HOLD BINGO OCCASIONS FROM 1 MAY 7 , 1983 THROUGH JULY 30 , 1983 , AND BE IT FURTHER RESOLVED, THAT THIS LICENSE INCLUDES ONE SUNDAY BINGO OCCASION . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : I.M.R. OLSON . MR. MORRELL , MRS. MONAHAN NOES : !DiRi;r EISENHART ABSENT : MRS . WALTER TOWN COUNSEL MATHIAS-WHAT IS HAPPENING ; IS_� THERE IS CURRENTLY TWO LAWS, TWO LOCAL ORDINANCES IN THE TOWN OF QUEENSBURY ONE THAT CONTROLS HAWKERS AND PEDDLERS AND ANOTHER ONE THAT CONTROLS ITINERANT MERCHANTS . THE TOWN AT THE LAST TOWN BOARD MEETING ENACTED A LOCAL LAW WHICH WOULD TAKE CARE OF ALL THOSE CLASSES OF TEMPORARY SALESMEN IN THE TOWN OF QUEENSBURY IN A WAY THAT THEY FELT WAS A LITTLE MORE ENFORCEABLEjMORE EASILY UNDERSTOOD BY PEOPLE-WHAT WE ARE DOING NOW IS JUST GETTING THE OLD LAWS OFF THE BOOKS AND IMPLEMENTING THE NEW. ORDINANCE TO REPEAL ORDINANCES NUMBER 16 AND J5 OF THE TOWN OF QUEENSBURY RESOLUTION NO . 89 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS , THE TOWN BOARD OF THE TOWN OF QUEENSBURY HELD A PUBLIC HEARING I ON THE REPEAL OF ORDINANCES N0. 16 ' 'AN ORDINANCE TO REGULATE AND LICENSE HARKING , PEDDLING AND VENDING OF GOODS ' ' AND ORDINANCE NO. 35 ' 'AN ORDINANCE TO REGULATE TRANSIENT OR ITINERANT MERCHANTS IN THE TOWN OF I C?UEENSBURY " ON APRIL 26 , 1983 AT 7 :30 P. M. AT THE QUEENSBURY TOWN OFFICE i BUILDING , BAY & HAVILAND RDS . , GLENS FALLS , NEW YORK AND WHEREAS , AT SAID PUBLIC HEARING ALL INTERESTED PARTIES WERE REQUESTED TO SPEAK EITHER FOR OR AGAINST THE REPEAL OF THE EXISTING ORDINANCES , NOW , THEREFORE BE IT RESOLVED , THAT THE TOWN BOARD HEREBY APPROVES OF ORDINANCE NO. 54 OF THE TOWN OF nUEENSBURY ENTITLED ' 'THE REPEAL OF ORDINANCES N0 . 16 AND 35 OF THE TOWN OF QUEENSBURY ' ' AND BE IT FURTHER RESOLVED , THAT THESE TWO ORDINANCES WILL BE REPLACED BY A TOWN OF QUEENSBURY LOCAL LAW. 142 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN NOES : NONE ABSENT : MRS. WALTER j RESOLUTION TO AMEND ORDINANCE NO. 34 RESOLUTION NO . 90 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : RESOLUTION FORTHCOMING FROM TOWN COUNSEL EL TO BE FOUND ON PAGE 1 0 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN NOES . NONE ABSENT : MRS. WALTER ( LTR. ON FILE ) THE LAKE GEORGE ASSOCIATION APRIL 26 , 1983 FRANCES WALTER, SUPERVISOR TOWN OF QUEENSBURY BAY & HAVILAND ROADS GLENS FALLS , NEW YORK 12801 DEAR MRS. WALTER : THE LAKE GEORGE ASSOCIATION WISHES TO GO ON RECORD IN SUPPORT OF THE PROPOSAL TO AMEND QUEENSBURY ORDINANCE NO. 34 FOR REASONS OF SAFETY AND ENVIRONMENTAL PRESERVATION . IN RECENT YEARS , THE SMALL BAYS AND COVES LOCATED IN THE PARTS OF LAKE GEORGE THAT LIE IN THE TOWN OF QUEENSBURY HAVE BEEN EXPERIENCING INCREASINGLY HEAVY TRAFFIC FROM MOTOR BOATS AND OTHER MECHANICALLY PROPELLED VESSELS. THIS SITUATION HAS RESULTED IN THE CREATION OF A POTENTIALLY DANGEROUS CONDITION . THAT THIS CONDITION HAS BEEN SUCCESSFULLY LESSENED IN BAYS WHERE THE 5 MILE PER HOUR SPEED LIMIT IS ALREADY IMPOSED IS REASON ENOUGH TO ,SUPPORT A SIMILAR REGULATION FOR THE UNNAMED COVE NEAR FISHER' S MARINA. STILL, THE ASSOCIATION HAS YET ANOTHER IMPORTANT REASON FOR URGING SUPPORT OF ORDINANCE NO. 34 RESEARCH SCIENTISTS HAVE RECENTLY NOTED THAT HEAVY MOTOR BOAT TRAFFIC IN THE AREAS COVERED BY THIS ORDINANCE MAY BE CAUSING RESUSPENSION OF BOTTOM SEDIMENTS , MAKING NUTRIENTS AVAILABLE IN THE WATER COLUMN AND INCREASING THE PROBABILITY OF ALGAE BLOOMS . THE ASSOCIATION BELIEVES A REDUCED SPEED LIMIT IN THE SHALLOW BAYS AND COVES MIGHT HELP TO DETER FURTHER DETERIORATION OF THE WATER QUALITY IN THE AREAS THAT ARE ALREADY ENDANGERED. ON BEHALF OF A SAFE AND A CLEAN LAKE GEORGE WE URGE PROMULGATION OF THE PROPOSED AMENDMENT TO ORDINANCE N0 . 34 AND ITS PROMPT IMPLEMENTATION. I SINCERELY , %S% E. NORBERT ZAHM PRESIDENT i DISCUSSION HELD ON AMENDMENT TO ORDINANCE NO . 34 A COPY OF THE AMENDMENT WILL BE SENT TO ENCON FOR THEIR APPROVAL BEFORE THE ORDINANCE WILL TAKE EFFECT. . . MR. FISCHER- VOICED HIS CONCERN OVER DRUNKED DRIVING ON THE LAKE. . . DEPUTY SUPERVISOR OLSON- WE CAN PASS THIS ON TO THE SHERIFF'S DEPT. WHICH PATROLS LAKE GEORGE. . . DISCUSSION HELD ON THE PROPOSED LOCAL LAW ON TRANSIENT MERCHANTS. . .TOWN i COUNSEL NOTED HE WOULD HAVE THE PROPER PAPER WORK FOR MR. CHASE TOMORROW FOR FILING. . . 143 RESOLUTION TO APPROVE LOCAL LAW FOR THE REGULATION OF TRANSIENT MERCHANTS IN THE TOW N'0= QUEENSBURY RESOLUTION NO . 91 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL ! RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 154 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN i NOES : NONE ABSENT : MRS . WALTER MOBILE HOME APPLICATION- DONALD R. PELTIER AND JANE PELTIER OF CORINTH FOAD TO LOCATE A MOBILE HOME ON CORINTH1RbAD OWNER OF PROPERTY DONALD PELTIER MR. & MRS . PELITER ARE PRESENT AT THE MEETING. . . COUNCILMAN OLSON- YOU ARE APPLYING FOR A PERMANENT APPLICATION? MR. PELTIER-YES COUNCILMAN EISENHART- THIS IS A 1969 AND WE HAVE REFUSED ANTHING LESS THAN A 1974 I� COUNCILMAN MORRELL- THIS IS ALMOST A PERMANENT STRUCTURE WITH THE ADDITIONS. )DEPUTY SUPERVISOR OLSON- HOW LONG HAVE YOU LIVED THERE? MRS. PELT-IER- SINCE MARCH 11TH MR. PEL_TTER- THERE HAS BEEN A TRAILER THERE FOR 18 YEARS , WE CAME FOR A BUILDING PERMIT FOR A GARAGE AND FOUND OUT ABOUT THIS. . . MR. MACK DEAN- IT IS DIFFICULT TO MOVE A MOBILE HOME THAT HAS HAD SEVERAL _ ADDITIONS ON IT MRS . PELTIER- THE MOBILE HOME IS A 1969 AND WAS PLACED ON THE LOT ' IN 1975. DEPUTY SUPERVISOR OLSON- EXPLAINED THE NEXT STEP , TO SET A PUBLIC HEARING RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO . 92 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS , DONALD R. AND JANE PELTIER HAVE MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 ( C) SECTION 4 OF AN ORDINANCE OF'-:THE TOWN OF nUEENSBURY ENTITLED ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY , NEW YORK , TO LOCATE A MOBILE HOME OUTSIDE AT PROPERTY SITUATED AT CORINTH FOAD , AND WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES WITH THE REQUIREMENTS OF SAID ORDINANCE , AND I L. WHEREAS , IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICA- TION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS BOARD , THERE- FORE BE IT I RESOLVED , THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE THE TOWN BOARD SHALL CONDUCT A PUBLIC HEARING ON SAID APPLICATION ON MAY 10TH 1983 AT 7 :30 P . M. IN THE QUEENSBURY TOWN OFFICE BUILDING , BAY ROAD , AND THAT THE 'IbWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO GIVE PROPER NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF SAID ORDINANCE. DULY ADOPTED---BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS , MONAHAN NOES : NONE ABSENT : MRS. WALTER 144 MOBILE HOME APPLICATION-THOMAS C. JONES JR. OF 581 GLEN ST. GLENS FALLS NEW YORK TO LOCATE A MOBILE HOME TAX MAP NO. 36-1-26 1 YEAR EXTENSION MR. JONES WAS REPRESENTED BY MR. MIKE O ' CONNOR DEPUTY'__SUPERVISOR OLSON- IT IS MY UNDERSTANDING THAT THE MOBILE HOME WAS NOT LEFT ON THE PROPERTY ALL WINTER. . . MR. MIKE O ' CONNOR- THIS IS A SELF CONTAINED RECREATIONAL VEHICLE IT IS NOT REALLY A MOBILE HOME IN THE SENSE OF WHAT I CLASSIFY A TRAILER , THIS IS A RECREATIONAL VEHICLE THAT IS SOMEWHAT NICER THAN MOTEL UNITS IF YOU ARE GOING TO SPEND A GREAT DEAL OF TIME IN A MOTEL . THIS IS WHAT THE OWNERS LIVE IN , IN THE SUMMER WHEN THEY ARE OPEN , FROM MAY 15TH THROUGH LABOR DAY , SHORTLY AFTER LABOR DAY LAST YEAR THEY PLACED THE VEHICLE IN STORAGE. WE HAD EXPECTED THIS YEAR TO BUILD. A MORE PERMANENT STRUCTURE IN FACT THEY TRIED TO PURCHASE A CABIN UNIT FROM ANOTHER MOTEL , THE PURCHASE DID NOT MATEFt.IZE , THAT AND LAST YEAR BEING THE FIRST YEAR OF OPERATION THEY GOT INTO A LOT MORE EXTENSIVE__� CAPITAL REPAIRS AND IMPROVEMENTS THAN THEY EXPECTED SO THEY WOULD LIKE TO PUT THAT OFF, AT LEAST FOR THIS COMING SEASON AND AGAIN USE THE RECREA- TIONAL VEHICLE AS A TEMPORARY STRUCTURE WHILE THEY ARE THERE. ALSO THERE IS ANOTHER CHANGE TOO THAT MAY COME INTO PLAY LATER ON SINCE THEY PURCHASED RECREATIONAL VEHICLES WERE PERMITTED USES IN THAT ZONE THE PROPERTY WAS REZONED AS PART OF THE REZONING LAST SUMMER AND THAT IS NOW A PERMITTED USE SO IF NEED BE WE WOULD COME BACK AND ASK FOR -SOMETHING MORE PERMANENT THAN THE ONE YEAR EXTENSION . THAT WOULD REQUIRE AN APPLICATION UNDER YOUR MOBILE HOME ORDINANCE WHICH WOULD REQUIRE MORE ENGINEERING STUDIES THAN THE PLANS THAT WE HAVE PRESENTED TONIGHT- THIS WOULD BE PREMATURE AT THIS POINT BECAUSE WE DO NOT KNOW IF WE ARE GOING TO GO FOR A MORE PERMANENT STRUCTURE AS AN OWNER OCCUPIED UNIT ON THE PREMISES OR TRY AND 7 INCORPORATE THIS UNIT WITH A COUPLE OTHER UNITS THEY HAVE AVAILABLE FOR RENTAL. DEPUTY SUPERVISOR OLSON- NOTED HE HAD SEEN THE SITE LAST YEAR AND IT WAS NEAT AND ATTRACTIVE , AS FAR AS I KNOW THE SUPERVISOR'S OFFICE NEVER HAD ANY COMPLAINTS REGARDING THE APPLICATION . . . COUNCILMAN EISENHART- WILL YOU PULL THE UNIT OUT NEXT YEAR AND STORE IT DURING THE WINTER MR. JONES- YES COUNCILMAN MORRELL- NOTED THAT THE VEHICLE CANNOT BE SEEN FROM THE MAIN ROAD. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO , 93 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS , THOMAS C. JONES JR. OF 581 GLEN STREET HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 ( A) SECTION 4 OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED ORDINANCE FOR THE REGULATIONS OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY , NEW YORK, TO LOCATE A MOBILE HOME OUTSIDE OF A DULY LICENSED MOBILE HOME COURT AT PROPERTY SITUATED AT TOM' S EXIT 20 MOTEL LAKE GEORGE ROAD AND , WHEREAS , IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION ARE SUFFICIENT TO AUTHOIRZE THE ISSUANCE OF THE PERMIT REQUESTED BY SAID APPLICATION , THEREFORE BE IT J RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , TEMPORARY PERMISSION IS HEREBY GIVEN TO MR. THOMAS C . JONES JR. OF 581 (LEN STREET , GLENS FALLS , N.Y. TO LOCATE A MOBILE HOME OUTSIDE OF A LICENSED MOBILE HOME COURT FOR A PERIOD OF ONE YEAR AT PROPERTY SITUATED AT LAKE GEORGE ROAD , TOWN OF QUEENSBURY , AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE . JULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN NOES : NONE ABSENT : MRS . WALTER 145 COMMUNICATIONS LTR. MARY C. FOSBROOK- REQUESTING CABLE T. V. IN THE AREA OF NORTHWEST VILLAGE PETITION FILED. . . LTR. DIRECTOR OF PURCHASING TO ATTEND SEMINAR ON FILE RESOLUTION TO ATTEND SEMINAR RESOLUTION NO . 94 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN : r RESOLVED, THAT PERMISSION IS HEREBY GRANTED TO MR. DONALD A. CHASE TO ATTEND A PURCHASING OFFICIALS SEMINAR IN SARATOGA SPRINGS FROM MAY 11TH THROUGH MAY ' I3TH AND BE IT FURTHER RESOLVED , THAT THE 'T[bWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN NOES : NONE ABSENT : MRS. WALTER LTR. ZONING BOARD OF APPEALS- REQUESTING REFUND TO DONALD J . FLOOD DISCUSSION WAS HELD AND MACK DEAN REVIEWED THE DONALD J . FLOOD VARIANCE APPLICATION . . . RESOLUTION TO REFUND VARIANCE FEE RESOLUTION NO . 95 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN : ' WHEREAS , MR. DONALD J . FLOOD MADE AN APPLICATION FOR A VARIANCE TO THE QUEENSBURY ZONING BOARD OF APPEALS AND WHEREAS , THE QUEENSBURY ZONING BOARD OF APPEALS FELT THAT A VARIANCE WAS NOT NECESSARY , NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY REQUESTS THAT THE BUILDING AND ZONING DEPT. !REFUND THE VARIANCE FEE PAID BY MR. DONALD J . FLOOD OF JOHNSTOWN , NEW YORK. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL, MRS . MONAHAN NOES : NONE ABSENT : MRS. WALTER ANNOUNCEMENTS THE TOWN OF QUEENSBURY WILL BE HOLDING AN AUCTION ON MAY 7TH 1983 AT 9 :00 A. M. IN BACK OF THE MAIN OFFICE BUILDING ON BAY AND HAVILAND ROADS . . . . � ITEMS TO BE SOLD BIKES , ADDING MACHINES , TYPEWRITERS ETC. OPEN HOUSE- SOUTH QUEENSBURY -F(IRE HOUSE SUNDAY MAY 1 , 1983 FROM 1-6 P. M. NEW ADDITION AND EQUIPMENT . . . FREE WEEK-QSBY. GLENS FALLS LANDFILL APRIL 30TH THROUGH MAY 7TH COUNCILMAN OLSON- :THE BOARD IS VERY SORRY AND SAD AS ARE THE REST OF THE RESIDENTS OF THE TOWN OF QUEENSBURY WITH THE PASSING OF A RESIDENT MRS. PAULINE JOSLYN WHO SERVED AND LIVED IN THE TOWN OF QUEENSBURY ALL HER LIFE AND CERTAINLY HER INFLUENCE AND WORK IN THE TOWN OF QUEENSBURY MADE A LAST- ING MARK IN ACHIEVEMENTS IN THE TOWN. NNEE OOFF pp RR COUNCILMAN MONAHAN- THE Eb ARD WOULD LIKE TO PAY TRIBUTEOTONPIOSTUDEDICATED, CONSCIENTIOUSiHARDWORKING CITIZENS IN THE TOWN OF QUEENSBURY, MRS. PAULINE JOSLYN. MRS . JOSLYN WAS AN EIGHTEEN YEAR FORMER MEMBER OF THE QUEENSBURY I BOARD OF EDUCATION AND A MEMBER OF THE WARREN CO. BOCES BOARD, SHE ALSO 146 SERVED HER COMMUNITY THROUGH THE PTA THE 4-H , HOM+UREAU AND MANY OTHER ORGANIZATIONS. PAULINE SET HIGH STANDARDS FOR ALL OF US TO FOLLOW AS A CITIZEN OF THE TOWN OF QUEENSBURY. I ALSO HAD CONTACT WITH PAULINE BECAUSE SHE WAS A PARENT OF A DAUGHTER THE SAME AGE AS MINE AND SHE ALSO SET VERY HIGH STANDARDS FOR US AS A PARENT . EVERTHING HER CHILDREN WERE INJSHE WAS IN IT WITH THEM AND BACKING THEM 100% . THE BOARD WISHES TO JOIN IN EXPRESSING OUR SORROW TO THE MEMBERS OF MRS. JOSLYN 'S FAMILY . COUNCILMAN MORRELL-PAULINE , WAS A VERY UNIQUE WOMEN IN A MAN ' S WORLD AT THE TIME SHE DECIDED TO MAKE HER MARK ON THIS TOWN . WHEN PAULINE TALKED ., PEOPLE LISTENED, SHE ALWAYS HAD SOMETHING GOOD TO SAY , CONSTRUCTI%!F- IDEAS AND AT A TIME WHEN THERE WAS NO TALK OF ERA� PAULINE DID NOT TALK ABOUT ERA ONLY JUST DID IT. WE ARE ALL VERY FORTUNATE THAT SHE DID WHAT SHE DID AT THAT TIME FOR OUR TOWN . COUNCILMAN MONAHAN- WE REGRET HER PASSING BUT ARE-THANKFUL THAT WE 1 HAD HER FOR THE YEARS THAT WE DID. •.•✓ RESOLUTION OF SORROW RESOLUTION NO . 96 , INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD WHEREAS, the Town Boaxd would tike to pay ttibute to one ob out moot dedicated, conscientious , haxdwotking, citizenz in the Town o6 Queenzbuny, Mtz . Patitine JoAt yn, and WHEREAS, M&z . Pautine Jostyn zexved Eighteen years on the ueenzbuny Soand o6 Education, a member ob the Nanxen County SOCES, P.T. A. , Home Bureau and many other otcganizat.Lonz , NOW, THEREFORE BE IT RESOLVED, that the Town Board o6 the Town ob Queenzbuny, on behat6 o4 the peop.2e o' the Town does hereby expxe4s their deep 4otvcow on the death o6 theitc 4t fiend M&z . Pautine Jort yn and do ens exptcezz to het jamit y theitc heat t6ett sympathy at this di64icutt time. Duty adopted by the jottowing vote: Ayes : Mt. O.2.6on, Dn. Eiz enhant, Mn. Moxxett, Mu . Monahan Noes : None Absent: Mu . Nattetc Depdt y Supenvis on Ott on- ptces ented the Town Boated with co piez o6 a ' ' REQUEST FOR PROPOSAL -FORMATION OF QUEENSBURY SEWER DISTRICT' ' No . Queen4butcy . . . . noted that some engineeu have picked up neque,stz box pro po4at on the South Centtcat -pot tion o4 the Town o6 Queens butcy 6otc s ewet z ., . . OPEN FORUM 8 : 24 P. M. Mt. no bent Stewat t- lapne4 enting the nezident4 o4 No . Queens butcy who axe utcging the tceque4t 6otc a ptcopozat bon a zewetc di,sttict. . . tcequezted a -target date 4on a tce4ponz.e to out ptcopo4at. . . Deputy -Supetcvian)t Otzon-I would expect some type ob comment 4nom the Town at out next 4 egutan meeting J Councilman Monahan- In the appendix item 4ix you have got ' ' Pxopo4ed - Loca., Land U,se Pnognam 1974. Murphy 9 Knen, P.Eanning Azsociates ' Inc. Pxepaxed jot the Town ob Queenzbuny and the APA ' ' Since we never imptemented that pxognam. wh y is that in there in4 tead o4 the ordinance that hays been imp.Eemented? Mt. nobent Stewart- I think the thoughts o6 the peopte who dnaited thiz pro po4at, which I did not do, ways to bx.Lng to your attention, and you in turn to bring to the engineen's attention, alt of the back- gxound titexatune and ztudiez that have been made oven the ta4t ten yea&4, it iA not to 4uggest that you axe bound by any ob thi4 ox that you agree with it. Tt ways appanentty some study, .home titenatuxe, tome anaty4iz, that had been made on the xeconds and would be avaitabte bon study. Councilman Monahan- I would say that what wa4 mi-6-4..ng. wa4 the new ondinance because that iz going to determine the .hand a�exn 9 9 p Mt. Stewart- I consider the new Queensbuty Sewers Otd.inance a very 147 d.ibb.icutt ptobtem. . .this was just a suggestive tist o6 past Studies and t.itetatute that you might want to eonsidet it was not meant to be a t :inctusive. Deputy Supenv.isot OtAon- In speaking with Mt. H.ittman, this was a qu.ide- tine to assist us in seeing i4 we eoutd assist them in sotv.ing some ob theft ptobtems . Mrs. Fis eher-I went through this sewers 4tu4 b on the east side o6 Lake Geotge and .inch by ,inch they had to btast because it is att toeh, haw arse you going to btast on "oehhutst without putting those people out ob there bat a period ab time? questioned i4 there was any thoughts to ptacing the pipe tine in the take? Deputy Supetv.isot Otson- explained the vatious steps in botm.ing a sewer d.is tri.i ct. . . Coune.itman E.is enhatt- is there any pto btem with ptacing a sewers tine in the .Lake? Mt. Stewart- noted the concept was ptoposed by a man btom Bolton tand.ing- I know it was proposed and eons.ideted by each eng.ineet.ing body, but none bett it was a ptat.ieat sotut.ion. . . Mr. Tunnbutt- Asked i4 the tax burden ob the sewers district would only be on thane in the north queens burry sewers distt.iet. . Deputy Supetv.isot Ot4on- yes . . . the people who arse senv.ieed by it would be changed and pay ,Got the use ob the se&v.ice. Councilman Motnett-ke only thing I would add, as with water d.istn.iets,, the b.inancing bat the pret im.inaty studies come btom the Genetat Fund and .ib a d.istt-i.et is approved then those monies ate paid back to the Genetat Fund, .ij the district is voted down, then a22 a b us ha td the bag. Mt. Stewart- It is out propasat that this d.istt.iet, .ib batmed Witt be b.inanced by the tocat peopt e who beneb.it btom it and hopebutt y some i State and Fedetat Funding, we do not .look to any taxpayers in Queensbuty outside the distt.iet�that they should pay the.it money to solve out ptobtems . Mt. whaten- tezident ob Pinewood Road, requested a street .Light be placed on a pole in Mont ob his house. . . noted he had teeentty been tabbed. . . Deputy Supetv.isot Olson- we Witt turn this oven to the Stteettight.ing committee bat a study. . . Mrs . LaMora- requested a street .Light on 18 So . Westetn Avenue Deputy Supetv.iSdk Olson- this Witt also be turned oven to the Street t ight.ing committee . . . Mt. Atthutt Tunnbutt- Asked bar an update on the bu.itd.ing on LaFayette St. . . . Councitman Morten-I Witt give you a deb.intlte answers that I was not to give anybody, but I gave it .Last night so I might as weft give it' again tonight. The same question that you brought up was brought up at the Reeteation Committee Meeting by Mt. Champagne and we had a meeting with i Mt. Peter Brown and t was his opinion the present sttuctute was exactly i the same as yours . The�ptesent sttueture that was there would be a waste �. ob money to tty and neh.ab.ititate it and he drew up plans bon a new bu.itd.ing which could be .located on the 4ite and the present sttuctute being demot is hed. His estimated cast ob that sttuetute was $90J. 000 that is a sttipped dawn bate minimum modet. In out d.iseu4s.ion, a6 the people that were there now, we ate tatting a eons.idetabte ahount aj money and it was kicked around the pass-i,b.itity maybe we eoutd negotiate a 50-50 deal- ' we Witt match your bunds in order to pay jot that type ab conzttuct.ion ob a bu.itdin 9, and that is whete it ended. Mt. Arthur Tuan' butt- . . You want my sen.iot citizens to come up with $45, 000 Coune.itman Mottett- that was one o6 the things that was passed out. . . Mt. Atthut Tunnbutt- ate we to save this $45, 000 out ob the $4, 000 we get a yeah? Counc.itman Morten- no , this- eoutd be done thtouah bund ta.is.ing pto1eet4 1.48 tike they did oven in Hadzon Fatty when they put in the.in municipal pool, thete ate z evetat avenues o4 doing this . Mt. .Tahnb.utt- I have a bettet idea you give us the $45, 000 and we w.itt put up the buitd.ing Got $45, 000 Councilman Mottett- We Ahoutd get everyone together and have an update on this . . . Mt. Tutnbutt- asked Town Counaet .ij he had drawn up a contract Got the Queensbuty Sen.iot Citizens ? Mt. Mathias- I have not. Deputy Supetv.izot Otzon- tequested that the Town Counzet draw up a conttact. . .spoke on the tt,ip the 4eniotz w.itt be taking soon to Ptocxotd Theatet. . . Mt. Tutnbutt- I would tike to dhow out d.izpteazute in tegatds to the 80 .incteaAe in Schoot Taxes . . . Deputy Supetv.izot Otson and Councilman Monahan- noted that Mt. Tutnbutt zhoutd be speaking to the Queensbuty Schoot 7oatd on the increaze in b choot taxes . . . SPECIAL AUDIT OF SILLS RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO . 9I Inttoduced by DA. ChaAt es E,isenhatt who moved lot its a o piton, 6 econded by Mt. Daniet Ot-son: RESOLVED, that Audit o6 B,ittz as t used on Abdttact No . 83-4C and numbered 630- 631 and totat ing $23, 820 . 00 be and hereby is approved. Duty adopted by the 4ottow,ing vote: Ayes : Mt. Otzon, Dt. E.i4enhatt, Mt. Motte22, M&A . Monahan Noes : None Absent: Mu . Wattet On motion the meeting was ad1outned. Reis pect�utty, Donald A. (hays e, Town Ctetk i i I 149 RESOLUTION TO PASS A LOCAL LAW TO BAN THE SALE AND DISPLAY OF DRUG ACCESSORIES IN THE TOWN OF QUEENSBURY RESOLUTION NO . 85 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS , THE TOWN BOARD OF THE TOWN OF QUEENSBURY IS CONCERNED WITH THE USE AND ABUSE OF DRUGS BY CHILDREN AND OTHER PERSONS WITHIN THE TOWN OF QUEENSBURY AND WHEREAS , THE TOWN BOARD IS DESIROUS`` OF LIMITING AND PROHIBITING WHEN I PERMISSABLE THE SALE OF DRUB ACCESSORIES WITHIN THE TOWN OF QUEENSBURY , AND i WHEREAS, A PUBLIC HEARING ON A PROPOSED LOCAL LAW FOR THE PROHIBITION OF THE SALE OF DRUG ACCESSORIES WITHIN THE TOWN OF QUEENSBURY WAS HELD ON °- APRIL 12 , 1983 WHERE ALL PERSONS WERE HEARD CONCERNING THE PROPOSED LAW , AND THE TOWN CLERK PUBLISHED NOTICE OF SAID HEARING AS REQUIRED BY LAW NOW, THEREFORE BE IT RESOLVED, THAT LOCAL LAW ENTITLED ' 'A LOCAL LAW BANNING SALE AND DISPLAY OF DRUG ACCESSORIES IN THE TOWN OF QUEENSBURY ' ' IS HEREBY APPROVED AND BECOMES EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE OF THE STATE OF NEW YORK. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR . OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER I NOES : NONE ABSENT : NONE I i i i I i (Please Use this Form for Filing your Local Law with the secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Couety Ci of. Queensbury.. Ttl .. ................................................................... Local Law No..................1........ ...N................... of the year 19 ..$3.... A local law Ban„sale,and_ Displax,Nof Dru&.Accesories,Nin,,the Town of Queensbury �i1.�..We) ...N.N.................. .». ..... Be It enacted by the .............. . ...NTown Board of the N..N....NNN..NN..NNM.NN.....NNNNN,N..N.N..N......N.N.N.... (H of lwsieWwoo Boom) Coauty Ci Ai) 01.............N............................. .. eensbury. as follows: Yillasa ... ............................................................................ S 33-1. Legislative Findings. S 33-2. Definitions. S 33-3. Evidence to be considered. S 33-9. Sale and display of drug accessories. , S 33-5. Penalties. ,! S 33-6. Severability. v S 33-7. Effective Date. Be it enacted by the Town Board of the Town of pueensbury as follows; S 33-1. Legislative findings. It is hereby declared and found that the sale of items used to aid the storage, use, concealment and test the strength or purity of illegal drugs is a wide spread and growing practice which is contrary to the eublic interest. Therefore, public safety, health, welfare and morals would be best served by discontinuing the sale of such items. 4 33-2. Definitions. i DRUG PARAPHERNALIA -- The term "drug paraphernalia” means � all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, com= pounding, conveying, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, infesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the laws of the State of New York. It includes, but is not limited to: If additional ace is needed please attach sheets of the same size as this and number each) Page 1 1. Kits used, intended for use, or designed for use in p7anting, propagating, cultivating, growing or harvesting of 151 any species of plant which is a controlled substance or from which a controlled substance can b e derived; 2•. Kits used, intended for use, or designed for use in manufwcturing, compounding, converting, producing, processing or preparing controlled substances; . 3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant •which is a controlled substance; 4. Testing equipment used, intended for use, or designed r:'or. use in identifying or in analyzing the strength, effectiveness or 4urity of controlled substances; 5. Scales and balances used, intended for use, or designed or use in weighing or measuring controlled substances; 6. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances; 7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or otherwise cleaning or refining marihuana; 8. Blenders, bowls, containers, spoons and mixing devices used, Intended for use, or designed for use in compounding controlled substances; 9. Capsules, Balloons, envelopes and 'other containers used, intended for use or designed for use in packaging small quantities of controlled substances; 10. Hypodermic syringes, needles and other objects used, intended for or designed for use in parenterally injectink controlled substances into the human body; 11. Containers and other objects used, intended for use, or designed or use in storip$:ior concealing controlled substances; 12. Objects used, intended for use, or designed for use in infesting or otherwise introducing marijuana, cocaine -or hashish into the human body, such asi �. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured bowls; b. Water pipes; c. Carburetion tubes and devices; d. Smoking and carburetion masks; •e. Roach clips; meaning objects used toehold burning material such as marijuana cigarettes, that have become too small or toorshbrt to be held-in the hand; f. Miniature cocaine spoons and cocaine vials; `�- g. Chamber pipes; h. Carburetor pipes; I OAS E �. 1 r1 1~ i. Electric pipes; � . Air-driven pipes; . k. Chillums; I. Bongs; m. Ice pipes or chillers; 13• "Cocaine Spoon". A spoon -with a bowl so small that the use for which it is reasonably adopted or designed is to holdpormary administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a cocaine spoon" or "coke" spoon; 14. "Marijuana or Hashish Pipe" : A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen. § 33-3. Evidence to be co . nsidered. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition tp all other logically relevant factors, the following: A. Statements by an owner or by anyone in control of the object concerning its use; b. Prior convictions, if any, of the owner, or of anyone in control of the object, under any.::state or federal law relating to any controlled substance; C. Ttle proximity of the objebt to controlled substances; d. The existance of any residue of controlled substances on the object; e. Direct or circumstantial evidence of the intent of an owner of anyone in control of the object, to deliver it to or should reasonably know, intends to use the object torfacilitatee knows, , violation of this act; the innocence of an owner, or of anyone in control of tt object, as -the direct violation of this act should not prevent a finding that the object is intended for use, or designed fot use as drug paraphernalia; f• Instructions, oral or written, provided with the object concerning its use; g. Descriptive materials accompanying the object which explain or depict its use; h. National and local advertising concerning its use; ��vt 3 - 153 i. The manner in which the object is displayed for sale; J • Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as licensed distributors or dealer of tobacco products; k. Direct or circumstantial evidenee .of the ratio of sales of the object (s) to the total sales of the business enterprise; 1. The existence and scope of legitimate uses for the object in the community; M. Expert testimony concerning its use. 33-4 Sale and display of drug accessories. It shall be a violation of this code for any merchant or other person to knowingly sell, offer for sale, or display any cocaine spoon, marijuana pipe, hashish pipe, or any other drug related paraphernalia. 33-5 Penalties. A person who violates any provision of this article is guilty of a misdemeanor. 33-6 Severability. . If any clause, sentence, paragraph or part of this Local Law shall be 3djudged by any court Of competent Jurisdiction to be invalid, such Judgment shall not affect, impair or invalidate the remainder thereof, but shall be --onfined- in Its operation to the clause, sentence, paragraph or part thereof Urectly involved in the controversy and in which suc ^endered. h judgment shall have been 33-7 Effective ,date. , This Local Law shall take effect immediately upon filing thereof in the Iffice bf the Secretary of State. VIA(, y 154 RESOLUTION TO APPROVE LOCAL LAW FOR THE REGULATION OF TRANSIENT MERCHANTS IN THE TOWN OF QUEENSBURY RESOLUTION NO . 91 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS , A NEED FOR A MORE ENFORCEABLE LAW WAS NEEDED TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS IN THE TOWN OF QUEENSBURY , AND WHEREAS, THE TOWN BOARD WITH THE ASSISTANCE OF SEVERAL BUSINESS MEN IN THE TOWN PROCEEDED TO DRAFT A MORE ENFORCEABLE LAW , AND WHEREAS , A PUBLIC HEARING WAS HELD ON ^,PRIL 12 , 1983 IN WHICH ALL PERSONS WERE HEARD BOTH IN FAVOR OF AND OPPOSED TO SAID LAW AND SAID PUBLIC HEARING WAS DULY PUBLISHED IN ACCORDANCE WITH LAW BY THE TOWN CLERK , NOW , THEREFORE BE IT ._.+i RESOLVED, THAT A LOCAL LAW ENTITLED ' 'TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS IN THE TOWN OF QUEENSBURY 11 IS HEREBY APPROVED AND SAID LOCAL LAW BECOMES EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE OF THE STATE OF NEW YORK. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN NOES : "IONE ABSENT : MRS. WALTER i i i i 155 _ (Mm.Un this Forst for F illq your Leal Law with the Secretary of State Text of law should be given as amended. Do not include matter being eluNnated and do not use italics or underlining to indicate new matter. Cousty T.... i City Queensbury Town .»........................................................................ VatR'e Local Law No...............9.............»»................»».... of the you 19 8 3 ............ A local law TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS IN 'THE TOWN OF .........»...».........................................�.».......»........................................................».»............................................ QUEEN SBURY OWN""*) Be it aoaeted by the ...Town_.Board •. _ »....»........»..»»»..»....»......»»»................................. of the tnrM d{.gi"-soft) Comtty City » Queensbury,• as follows: Town ...»......»...»»............................................ ...».......................»....»..........»....................................... Village A LOCAL LAW TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK SECTION 1. For the purposes -of this local. P al law the terms used herein are defined as follows : "Transient Merchant"— a person, corporation, partnership, association or any other organization, who, for a period of less than ninety (90 ) consecutive days , engages in a business of selling and delivering goods, wares and merchandise, and who, in furtherance of such purpose, hires, leases, uses or otherwise occupies any building, structure, motor vehicle including truck or tractor trailer, car, boat, public room in hotels , motels , lodging houses, apartments , shops, mall, plaza parking lot, or any street, alley or other place within the Town of Queensbury, for the exhibition and sale of such goods , wares and merchandise either privately or at public auction. A Transient Merchant shall not be relieved from complying with the provisions of this law merely by reason of if addicianalepace is needed lease attach sheets of the same size as this and number each) . I Page 1 156 associating temporarily with any local dealer, trader, merchant or auctioneer. "Solicitor" : - a person, corporation, partnership association or any other organization doing business through the act of selling or offering for sale, soliciting orders for future sales , demonstrating or making estimates of services, merchandise, works of art, goods , meats , seafood, �r vegetables, or fruit directly to the public or in the public streets, sidewalks, and public places or by going from house to house within the Town of Queensbury. This local law shall not apply to any person having an established place for the transaction of business within the Town of Queensbury nor to persons soliciting, Collecting or selling goods on behalf of any bona-fide not-for-profit corporation or charitable organization, nor to the exhibiting or demonstrating goods to business in trade shows . SECTION 2 . License required. A. Transient Merchant. Every person who engages in business as a Transient Merchant or a Solicitor, as defined herein, is hereby required to apply for and procure a license, to be issued by the Town of Queensbury, for the purpose of conducting such business , SEVEN ( 7) days prior to commencing operations within the Town of Queensbury. SECTION 3 . Fees and expiration of license. A. License fees shall be as follows : 1. Transient Merchants $500.00 per day 2 . Solicitor $200.00 per YEAR B. All Transient Merchants ' licenses shall expire within three ( 3 ) months from the date of issuance. SECTION 4 . Bond or Certified Funds . Before any Transient Merchant 's or Solicitor's license authorized herein � shall be issued, the applicant shall file with the Town Clerk proof of a bond, executed by a surety company or insurance -lA- 157 company licensed to do business in the State of New York in the sum of TEN THOUSAND DOLLARS ( $10, 000.00 ) in the case of a Transient Merchant or in the sum of FIVE THOUSAND DOLLARS ($5, 000.00 ) in the case of a Solicitor, for the purposes of saving harmless the citizens of the Town of Queensbury from any and all damages which may be incurred by said citizens as a result of false, fraudulent or sales practices by any person licensed hereunder. In lieu of the foregoing bond, cash or certified funds in the amount hereinbefore set forth shall be deposited with the Town Clerk. Such funds shall be held for a period of one year from deposit . Interest earned shall be the property of the Town of Queensbury. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by a citizen of the Town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder. SECTION 5. Authorization of agent to receive service of summons . Before any individual, partnership, company or corporation who is a nonresident of the State of New York shall have a Transient Merchant's or Solicitor's license issued either to the individual or to the agents or representative of a company, partnership or corporation, proof of authorization of the Secretary of State to receive service of process, pursuant to the Business Corporation Law Section 304 must be filed with the Town Clerk. SECTION 6. General Regulations . A. Transient Merchants and Solicitors . (1) Shall not use any of the public streets , sidewalks or places as standing places for any vehicle - or device in, upon or by which — any person or property is or may be transported or drawn and which vehicle or device is used for the conduct of their business . -1B- 158 (2 ) Shall not stand on any public streets, sidewalks, or places so as to obstruct access to or egress from any place or the free flow of vehicular and pedestrian traffic. ( 3) Shall not remain in one place on any public streets, sidewalks , or places except when actually engaging in a sale of their merchandise. (4 ) Shall not cry out or make loud noises in any public streets , sidewalks, or places for purposes of selling any provisions or merchandise. ( 5 ) Shall not falsely or fraudulently misrepresent the quality, character or quantity of any articles offered for sale; nor falsely or fraudulently represent the services to be rendered or costs thereof to be bid upon; nor offer for sale unwholesome, tainted or diseased provisions or merchandise. ( 6) Shall be in violation of this local -law as committing fraud hereunder if the item sold does not } materially onform to an samples or models demonstrated or Y Y P brochures or pamphlets given to a prospective customer as to size, material, use, application and quality of workmanship. ( 7 ) Shall not substitute any other article for the article sold to the buyer. ( 6) Shall identify himself as a salesman upon approaching a citizen in a public place or at a private dwelling and explain his purpose, whether it be direct sales , . solicitation or orders or the demonstration of goods and merchandise or any combination of purposes thereof. ( 9 ) Shall produce for inspection, upon request, the Transient Merchant's or Solicitor's license as the case may be issued b the Town of Queensbur . Y Y Y -1C- t i 159 B. Application. Every applicant for a license is required to file with the Town Clerk a written application, under oath, containing the following information and material: ( 1) Name of Applicant (2 ) Federal Employee I .D. Number ( 3 ) New York State Sales Tax Number. (4 ) Permanent home residence. ( 5) Name and address of firm represented, if any. (6) The length of time for which the license is required. ( 7) A description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services . Included shall be the brand name, manufacturer and distributor of goods and commodities and the name, publisher and distributor of all books , magazines or periodicals to be offered for sale. (8) Authorization of agent to receive service of summons as set forth in Section 5 hereof. (9) To the application must be appended a document of authorization from the firm which the applicant purports to represent. ( 10) To the application must be appended the bond described at Section 4 hereof. SECTION 7. Penalties for offenders - Each violation of this local law or of any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding Five Hundred Dollars ( $500.00) for each offense, �- and each day a violation continues shall be a separate offense. In addition to such fine, each violation shall constitute disorderly conduct, and the person violating same shall be a disorderly person. -1D- i 160 SECTION 8. Severability - The provisions of this local law are declared to be severable, and if any section, sentence, clause or phrase of this local law shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences , clauses and phrases of this local law but they shall remain in effect , it being the legislative �i intent that this local law shall stand notwithstanding the invalidity of any part . SECTION 9 . Effective date - This local law shall take effect immediately upon filing with the Secretary of State. i i RESOLUTION TO AMEND ORDINANCE NO . 34 RESOLUTION NO . 90 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS . ADOPTION , SECONDED BY MRS . BETTY MONAHAN : WHEREAS , -A REQUEST WAS RECEIVED TO AMEND ORDINANCE N0. 34 SECTION 1 ( B ) ( 1 ) SAID ORDINANCE ENTITLED ' ' ORDINANCE REGULATING SPEED OF MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY , WARNER j BAY, ASSEMBLY POINT AND HARRIS BAY AND WHEREAS, PUBLIC HEARING , DULY ADVERTISED BY THE TOWN CLERK WAS HELD ON APRIL 26 , 1983 IN WHICH ALL PERSONS WERE HEARD , NOW , THEREFORE BE IT RESOLVED , THAT ORDINANCE NO. 34 BE AMENDED TO READ AS FOLLOWS : SECTION 1 (B ) ( 1 ) UNNAMED COVE UPON WHICH FISCHERS 11ARINA IS SITUATED. BOUNDED NORTHERLY BY THE LANDS NOW OR FORMERLY OF BRUCE AND RUTH SMITH DESIGNATED AS SECTION 152 9LOCK 1 LOT 8 ON THE WARREN COUNTY TAX MAP , BOUNDED ON THE SOUTH BY A POINT OF LAND NOW OR FORMERLY OWNED BY DAVID VROOMAN AND DESIGNATED AS SECTION 18 BLOCK 1 LOT 15 ON THE WARREN COUNTY TAX MAP FOR THE TOWN OF QUEENSBURY , BOUNDED ON THE EAST BY LANDS BORDERING ALONG THE SHORES OF LAKE GOERGE , AND BOUNDED ON THE WEST BY ALINE APPROXIMATELY 900 FEET -RUNNING FROM THE LANDS OF VROOMAN AS AFORESAID TO THE LANDS OF SMITH AS AFORESAID . SAID AMENDMENT TO TAKE EFFECT TEN DAYS AFTER PUBLICATION AS REQUIRED BY SECTION 133 OF THE TOWN LAW AND UPON WRITTEN APPROVAL OF THE CONSERVATION COMMISSION AS REQUIRED BY SECTION 130 , PARAGRAPH 17 SUBDIVISION 2 OF THE TOWN LAW. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENfrAW", MR. MORRELL , /MFRS. MONAHAN NOES : NONE ABSENT : MRS. WALTER