Village Board Minutes

August 6, 2008 (15)

A joint regular meeting of the Village Board of Trustees and Town Board was held August 6, 2008 at 6:00 PM in the firehouse, 16 Saratoga Ave.

Mayor Winslow called the meeting to order and Supervisor Lucia led the Pledge of Allegiance.

Roll Call:  Trustees Denno, Densmore, Enekes & Lescault were present.
Town Officials:  Supervisor Lucia; Councilmen Brown, Byrnes, Major & Saunders; Clerk Rose E. Farr; Attorney Hafner and Highway Superintendent Shawn Eggleston were present.

Mayor Winslow honored the players of the Babe Ruth baseball league for their wins in the Eastern NY and New York State championships.  Coach Chauncey Wood, Coach Phil Devine, Justin Millington, Matt Lacey, Beecher Daniels and Sean Elliott were on hand to accept honorary proclamations on behalf of their teammates. 

Mayor Winslow welcomed Supervisor Lucia and Town Board members, Charles Zettek of the Center for Governmental Research and Michael N’dolo of Camoin Associates.

Charles Zettek explained the role the Center for Governmental Research (CGR) has taken in preparing consolidation and shared service studies for the State.   CGR is a not for profit company whose client base includes mainly governments and not for profit organizations.   Mr. Zettek stated that dissolution is a clearly defined legal process with a specific process to be followed.  Mr. Zettek pointed out that there are opportunities for shared services without dissolution.  Dissolution studies are generally done to save costs and develop a more efficient government; more efficient government does not always mean a cost savings.  Mr. Zettek encouraged the Boards to think beyond boundaries to improve the delivery of services.  A two part plan can be requested with proposals for dissolution and shared services presented separately to compare proposals.

Michael N’dolo, Camoin Associates, spoke about the Local Government Efficiency grants offered by the Governor’s office.  Up to $50,000 is offered to study dissolution and shared services.  Intention to award the grants has been announced, requirements and applications are not yet available.  Mr. N’dolo encouraged the Town and Village to agree on a scope of services to be studied before applying for the grant.  Mr. Zettek stated the grant applications will be reviewed as they come in and awarded or denied without comparison to other applications.  A committee of residents does not have to be appointed before applying for the grant, but would work with the consultants once the process starts.  Mr. N’dolo stated that the Center for Governmental Research worked on the Efficiency Report for the State.

Atty Auffredou outlined the process of dissolution.  The process can be started by resolution of the Board or by a petition signed by 1/3 of registered voters of the Village.  A committee would then be appointed which must include at least two residents of the Town residing outside of the Village, who would then prepare a dissolution plan.  The plan must address disposition of Village property, employees, Village laws, debt distribution, contracts, etc.  Debt and contracts for services within the village would continue to be paid for by taxpayers within the Village limits.  The committee then conducts a public hearing to present findings and turns the report over to the Board; the Board then holds a public hearing for comment before the plan goes to an election for public vote.  The vote must occur 30-60 days after the close of the public hearing (usually at the next general election), a majority of village voters must then approve the dissolution plan; the dissolution would then become effective December 31 of the year after the election.  If the dissolution was passed in March of 2009 the dissolution would be effective December 31, 2010.  Village laws would still apply in the Village for two years after the dissolution. The law requires the Village Board to appoint the committee and determine when the report will be due.  The report should be created with the cooperation of the Town, but the Village controls the process and only Village residents can vote on the plan.  Atty Auffredou strongly recommended using a consultant to guide the process.

Councilman Major asked if the Town could operate the fire department.  Atty Hafner stated fire departments reside with the Village or set fire districts.  A fire district could be established with the dissolution plan; fire districts would create budgets and submit them to the Town.  Trustee Denno asked if the LOSAP program would be continued for the fire department.  Mr. Zettek stated the plan could be transferred or a new plan put in place. 

Supervisor Lucia stated the sales tax for the community would remain approximately the same because it is based on assessment.  Grant money could be reduced because only a certain amount is distributed to each community.  Mr. Zettek stated that costs of maintaining all roads will be shifted to Town-wide residents, care of sidewalks could be dealt with in districts.  Mayor Winslow stated maintenance of Parks would also be shifted to Town-wide taxpayers. Dissolution may also affect the percentage of service costs paid for by the industrial taxpayers.

Supt Lozier asked that the Village keep the union representatives informed about the process since the Town is not a collective bargaining unit.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Several members of the public asked detailed questions regarding the dissolution process and the State grants which were answered by the Boards, consultants and attorneys.  Residents also expressed their opinion that the issue should be studied and the facts presented to the public.  Residents with questions included: Jim Murray, Jim Hopkins, Bob Hudak, Stan Hoffman, Sher Millis, Louise Carney, Rex Moon, Ron Ogden, Peter Morreale, and Kendra Schieber.

Mayor Winslow thanked Charles Zettek, Michael N’dolo and the Town representatives for their input and called for a brief recess, 7:30 PM.

At 7:40 PM the Village Board reconvened.

Motion by Trustee Densmore, seconded by Trustee Enekes approved minutes of regular meeting July 16, 2008 as typed.
Carried – 4 – 0

DEPARTMENT REPORTS

CLERK – Clerk Colson was present, report for 8/6/08 read & filed.

Resolution #22 approved adjustment to water/sewer rolls.

Motion by Trustee Lescault, seconded by Trustee Denno approved publication in the Pennysaver News of letter to residents from the Board of Trustees re: consolidation discussion.
Carried – 4 – 0

Waste Management submitted a schedule for recyclable collection for Sept – May.  The Board was not satisfied with the schedule presented and preferred to have collection be the first Wednesday of each month.  Mayor Winslow will call Waste Management to work out a new schedule.

Motion by Trustee Enekes, seconded by Trustee Denno approved Clerk Colson and Treas Bellinger’s attendance at the NYCOM Fall Training School in Lake Placid, Sept 15-19 at the cost of $480 per person including meals, accommodations and registration.
Carried – 4 – 0

TREASURER – Treas Bellinger was present, report for 8/6/08 read & filed.

Motion by Trustee Lescault, seconded by Trustee Densmore approved payment of abstract #5: Payroll $114,315.74; General $73,980.85; Water $17,246.14; Sewer $8,344.26; Community Development $81,921.85 and Reserves $500.00.
Carried – 4 – 0

Resolution #23 approved budget transfers.

FIRE DEPARTMENT – Chief Kelley was excused.

DPW/WATER/WWTP – Supt Lozier was present, report for July 2008 read & filed.

Eggleston Street water lines have been completed; the DPW will be assisting the Town with repaving next week.

The modifications for treatment of the effluent at the WWTP will begin as soon as possible.

Trustee Lescault stated the DPW crew and part-time help have been doing an excellent job, the Village looks great.

Gary Holmes is taking his sewer license certification this week.

The DPW has been working with the lifeguards to rake the beach every morning to remove geese droppings.  The repellant is being sprayed weekly, but with all of the rain this summer much of it gets washed away.

BUILDING INSPECTOR – Insp Jacon was present, report for 7/17/08 – 8/6/08 read & filed.

Insp Jacon stated the sewer lines at the Dumont and Densmore property on Main St have not been capped.  The property owners have not responded to Insp Jacon’s letters.  The Board discussed options to spur action with Atty Auffredou.  Atty Auffredou suggested the Board can require the Health Officer to submit a written report and if the property is a public health and safety hazard the Board can convene as the Local Board of Health and require action.  If the property owners do not respond the DPW could then take action and bill the property owners for the work.  The Board instructed Insp Jacon to issue a written report of property maintenance violations and ask Dr. Pitkin to issue a written report on health violations.

ATTORNEY – Atty Auffredou was present, report for 8/6/08 read & filed.

The Planning Board met 7/24; next meeting is 8/29.  Philmet is not on the next meeting agenda, they plan on attending the 9/25 meeting.  The Planning Board has been reviewing a subdivision on William St; the owner had wanted to build duplexes and is now considering single family homes.

The ZBA met 7/17, no action was taken, the next meeting is 8/14.

Atty Auffredou is hoping to close on the 244 Main St property before the next Board meeting.

The Board discussed the bids submitted for Jessup’s Landing Park construction and considered waiving the performance bond requirement.  No decision was made.

A special meeting of the Village Board was scheduled for Friday, 8/8/08 at 8:00 AM in the Village Hall.

The Board discussed a local law banning dogs from Pagenstecher Park.  Mayor Winslow read a letter from Village resident Paul Pacco expressing his opposition to banning dogs.  Mr. Pacco stated the current leash laws and animal dropping laws should be enforced as opposed to enacting a law banning dogs from the park.  The Board directed Atty Auffredou to draft a local law banning dogs from Pagenstecher Park for the Board to consider.

Mayor Winslow read the Sheriff’s report for July.

OLD BUSINESS

The Department of Health has approved the sequestering agent for the water supply; an engineering plan will be developed for approval.

Motion by Trustee Lescault, seconded by Trustee Densmore approved publication in the Post Star of notice of public hearing to be held September 3, 2008 at 6:00 PM in the firehouse re: proposed local law regarding garbage collection and recycling.

NEW BUSINESS

Resolution #24 approved resignation of Bill Potter from the Zoning Board of Appeals.

Motion by Trustee Enekes, seconded by Trustee Densmore approved publication in the Pennysaver of advertisement for Zoning Board of Appeals member.
Carried – 4 – 0

The Board discussed placing the building at 260 Main Street for sale.  Trustee Lescault had concerns with offering the building for sale before the new building is renovated and occupied.  Mayor Winslow stated a condition of the sale could address the occupancy requirement.

Resolution #25 approved to offer 260 Main Street for sale at the price of $110,000.

Resolution #26 approved mayoral signature on UBS corporate resolution to make investments for the LOSAP fund.

Resolution #27 approved designating Brad Winslow and Karl Bellinger as signatories on the Village’s TD Banknorth accounts.

Resolution #28 approved mayoral signature on third party custodial agreement with TD Banknorth.

Resolution #29 approved to hire Cheri Sullivan as ZBA and Planning Board secretary at the pay rate of $35 per meeting.

The former Revolving Loan Fund Committee has been disbanded due to inactive status.  There is currently a pending application for a revolving loan.  The current Grant Review Committee has agreed to take on the duties of the Revolving Loan Fund Committee.

Resolution #30 approved appointment of Kevin Cleveland, Melanie Denno, Julius Enekes, William Fuller, Annie McMahon and Lloyd Murdoch to the Revolving Loan Fund Committee for a term of two years each.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Bob Hudak stated he felt the cost to rebuild the new Jessup’s Landing Park building is too expensive, and he feels the performance bond requirement may affect the costs of the bids and should be re-bid if changed.  Mr. Hudak also stated no action should be taken on the new Village Hall due to the expense.

Stan Hoffman asked Insp Jacon the status of his neighbor’s property.  Insp Jacon is sending another registered letter.  Mr. Hoffman also asked about the status of the possibility of natural gas in the Village.  Kevin Cushing, National Grid, is researching the issue.

BOARD COMMENTS, QUESTIONS & CONCERNS

Trustee Denno stated a sign should be placed on the firehouse doors instructing people not to park in the firemen’s side lot and an announcement should be made at each meeting to park in the public lot in the rear of the firehouse.

ADJOURNMENT

Motion by Trustee Lescault, seconded by Trustee Densmore that Board adjourn, 9:05 PM.
Carried – 4 – 0

Nicole M. Colson
Clerk