Village Board Minutes

December 6, 2006 (42)

A public hearing and regular meeting of the Village Board were held Dec 6, 2006, 6:00 PM in the firehouse, 16 Saratoga Ave.

Mayor Winslow called the meeting to order and Treas Fuller led the Pledge of Allegiance.

Roll Call: Trustees Denno, Densmore, Enekes and Lescault were present.

A Public Hearing having been duly advertised in the Post Star on Nov 30, 2006 was held Dec 6, 2006 re: Amendments to the Zoning law.

Mayor Winslow opened the public hearing at 6:02 PM, read the rules for public comment and read the legal notice as advertised.  The purpose was to inform the public of the Board’s intent to amend Village Code Chapter 138 “Zoning” to add new sections prohibiting the burning of waste and to require and define Special Use Permits.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Jim Murray, 411 Center Street, believes a professional engineer, someone with technical knowledge, should make the decision to grant Special Use Permits instead of the Village Board to de-politicize the decision.  Mr. Murray also felt the temporary permits should offer a minimum length of 12 months and be able to be renewed without going through the entire application project again.  Mr. Murray felt this may drive away prospective industry.  Atty Avigdor stated that NY State laws only provide for special use permits to be granted by the Village Board or the Planning Board.

Adrienne Hull, 236 W. Maple Street, expressed concern that the Village is changing from industrial to light industry and manufacturing only.  Ms. Hull questioned whether the Empire Zone benefits would still apply if only light industry and manufacturing were permitted.  Ms. Hull also expressed concern that SEDC advertises the benefits of the railroad at the industrial site and wondered if preventing industrial uses would jeopardize the marketability of the site.  Ms. Hull also stated that the new owners of the IP property have only owned it for 15 months and have not had enough time to put a 50 or 100 million dollar project together, nor would any company.  Ms. Hull is against the proposed zoning changes.

Louise Kirkpatrick, Dunn Ave, supports the zoning amendments and the prohibition on trash burning for health and environmental reasons.

Vince Morrell, Center Street, sees no indication that unhealthy industries are proposing to come into the Village, they are regulated by DEC.  Mr. Morrell feels that by limiting the kind of legitimate businesses willing to come we are going down a slippery slope.

Sheila Pitkin, Lamont Ave, is in favor of the zoning amendments.  Ms. Pitkin feels zoning does not take away from people who own property it gives more control over the future development and we want good industries that care about the community.

Tim Murphy, Walnut Street, feels zoning and comprehensive plans should be reviewed every 5-10 years to meet with the changing times.  Mr. Murphy supports the proposed zoning amendments as written.

Kevin Cleveland, Ash Street, supports the zoning amendments.  Mr. Cleveland stated that industry and IP helped his father’s generation, but has not been conducive to the future generations.  Times have changed.  Mr. Cleveland spoke of his experience in helping draft the current zoning laws and that he feels it has been beneficial to this community.  Current zoning does not spell out uses and requirements for the industrial zones, such as it does for Gateway Corridor, etc.  Mr. Cleveland feels now is the time to work on the industrial section and it is time to come away from an industrial based community.

Tim Hanchett, Town resident, thanked the Board for balancing the needs of the community with materialistic needs.  Mr. Hanchett thanked the Board for putting the community’s needs ahead of profit and praised their wisdom and integrity.  Mr. Hanchett is in support of the proposed zoning amendment as written.

The following people also spoke in favor of the proposed zoning amendments:
            Claude Jean, Village taxpayer
            Ed Decker, Dunn Ave
            Claudia Norko, Maple St
            Joyce Lacomb, W. Mechanic St.
            Mary Williams, W. Mechanic St
            Darryl Saunders, Dunn Ave
            Dave Williams, W. Mechanic St
            Eric Tenan, Main St
            Suzette Lapelle, Pine St
            Harold Towers, Village
            Sher Millis, Main St
            Jay Wright, Beech St
            Ron Ogden, Overlook Dr
            Diane Densmore, Main St
            Marty Cernek, Village
            Tim Humphrey-Fox, Sherman Ave
            Kendra Schieber, Overlook Dr
            Richard Smith, Dunn Ave
            Barbara Weatherwax, Town
            Phil Baugh, Cty Rte 24
            Robert Kelley, Marion Ave
            Ralph DiCristafaro
            Diane Jordan, Cty Rte 10
            Renee Baker, Rte 9N
            Ted Jordan, Cty Rte 10
            Ginny Ogden
            Leif Sandwick
            Linda Puffer, Comstock Rd

John McManus, attorney for Philmet, presented the Board with a letter on Philmet’s behalf outlining their objections to the proposed zoning amendments.  Based on the results of a recent FOIL request they believe the Village is not in compliance with the environmental review act in regards to this proposed amendment and in addition feel that some proposed restrictions are based on the identity of specific users.

With no further comments from the public Mayor Winslow closed the public hearing at 6:35 PM.

Nicole M. Colson
Clerk

A regular meeting of the Village Board was held Dec 6, 2006 at 6:35 PM in the firehouse, 16 Saratoga Ave.

Motion by Trustee Denno, seconded by Trustee Densmore approved the minutes of regular meeting Nov 15, ’06 and special meeting Nov 24, ’06 as typed.
Carried – 4 – 0

Mayor Winslow acknowledged that there were paper comments submitted by those unable to attend the public hearing.  The Board decided to table a decision to enact the proposed zoning amendments into law until the letter from Philmet’s attorneys can be reviewed further by our land use consultants and attorneys.

SPECIFIC REQUESTS

Kendra Schieber appeared before the Board and submitted a proposed resolution formally recognizing the Tree Committee.  The Board agreed to take the resolution into consideration for the next meeting.

Jim Thatcher, Avalon Associates, appeared to answer any questions the Board may have had on the draft guidelines and procedures for the Small Cities Community Development Block Grant.  Mr. Thatcher also asked area contractors to submit qualifications to be considered for performing grant work, and reminded residents that grant pre-applications were available from him, at the Village Hall and on the village website.  Avalon Associates is willing to resubmit the HOME grant application for 2007 at no other cost than reimbursement for incidentals, such as postage.

Resolution #82 approved, adoption of guidelines and procedures for administration of CDBG funding.

Resolution #83 approved, mayoral signature on contract with Avalon to resubmit the HOME grant application.

DEPARTMENT REPORTS

CLERK – Clerk Colson was present, report of 12/6/06 read & filed.

Clerk Colson outlined the proposals submitted for the microfilming of the records in accordance with the Records Management grant.  Clerk Colson met with two of the companies and discovered the lowest proposal did not meet the RFP requirements.

Resolution #84 approved, awarding microfilming bid to Image Integrator.

TREASURER – Treas Fuller was present, report of 12/6/06 read & filed.

Motion by Trustee Lescault, seconded by Trustee Denno approved payment of Abstract #13: Payroll $38,969.70; General $281,236.77; Water $18,431.55; Sewer $16,075.07; Comm. development $270.78.
Carried – 4 – 0

Resolution #85 approved, budget transfer.

FIRE DEPARTMENT – Chief Denton was present, report for November read & filed.

Chief Denton reported that the Fire Dept was awarded $15,000 from Senator Hugh Farley’s office.  Mayor Winslow noted that the Village has also benefited from Senator Farley’s assistance with $100,000 to help with streets and sidewalks.  The mayor commented that the senator has been a good friend to the Village and is much appreciated.

The Board and Chief Denton agreed to try putting the lights at the rear of the firehouse on a timer to see if it resulted in any energy cost savings.

POLICE DEPARTMENT – Chief Kane was present, report of 11/22/06 – 12/6/06 read & filed.

Chief Kane notified the public that community sex offender notification was available.  The notifications have already been given to the schools.

Sheila Pitkin, Village resident, commended Chief Kane and other officers such as Officer Denno and Officer Somma on their kindness and professionalism.  Ms. Pitkin feels the Village is extremely lucky to have the department.

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

Supt Lozier stated the DPW is prepared for the winter months and that all water breaks experienced in the past two weeks were fixed.

BUILDING INSPECTOR – Bldg Insp Jacon was present, report for 11/15/06 – 12/6/06 was read & filed.

Insp Jacon noted that the construction at Rite Aid and Evergreen was going smoothly with reports being submitted regularly.  There was one resident complaint about the new curbing which Insp Jacon feels should not be a problem once the project is complete.  Mayor Winslow instructed Insp Jacon to touch base with Ernie Gailor, engineer, regarding the project.

Insp Jacon noted that a Candle Shop was moving into the space behind Meme’s Florist; he will be checking their insurance coverage.

Trustee Lescault asked Insp Jacon to confer with the DPW and WWTP about resident’s sump pumps pumping into the sewer system.

Trustee Denno noted she will be sending Insp Jacon an email about a property on Oak Street.

ATTORNEY – Atty Avigdor was present, report for 12/6/06 was read & filed.

Atty Avigdor requested two executive sessions regarding two pending litigations.

Atty Avigdor agreed with Treas Fuller and the Dept of Public Service’s recommendations on the Time Warner franchise agreement.  Treas Fuller is checking with the school to be sure their broadcasting needs are being met.

OLD BUSINESS

Supt Lozier is still waiting on an updated water supply model.  Mayor Winslow asked that the request for water supply to Luzerne developments be removed from the agenda until the model is available for further consideration.

Discussion of CMPC Design guidelines and proposed fence ordinance were tabled.

Motion by Trustee Lescault, seconded by Trustee Densmore approved publication of request for qualified contractors for GOSC grant work to be published in the Pennysaver and the Post Star.
Carried – 4 – 0

NEW BUSINESS

Councilman Charles Brown spoke to the Board regarding a mutual aid agreement with Saratoga County required for the Village to be compliant with the National Incident Management System. Mayor Winslow thanked Councilman Brown for his hard work on the Emergency Management Plan and NIMS.

Resolution #86 approved, mayoral signature on a mutual aid and assistance agreement with Saratoga County.

Resolution #87 approved, mayoral signature on the 2007 Waste Hauler permit renewal.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Tim Murphy respectfully requested that the letter from Philmet’s attorney be considered a delay tactic & stressed that dates are critical in enacting laws.

Jim Murray & Joseph DuGuay questioned when a public hearing would be held regarding eminent domain.  Mayor Winslow explained the process wasn’t that far along yet but a public hearing would need to be held and community input would be considered although it would not be a vote.  A meeting has been scheduled with Philmet for Tuesday 12/12 and the mayor did not want to discuss the eminent domain issue until after that meeting.

Sheila Pitkin questioned who owned the railroad tracks.  Atty Avigdor explained that federal law favors the free flow of transportation; it is not a simple matter of who owns the tracks.

Ginny Ogden stated that all Village and Town residents have the right to speak about a trash burning facility since all breathe the air.

Diana Jordan commented on the pollution of the Hudson River and that heavy industry is no longer a good option.

BOARD COMMENTS, QUESTIONS & CONCERNS

Trustee Densmore expressed concern with hiring advisors and requesting proposals before having a public hearing regarding eminent domain.  Mayor Winslow stated any expenses related to eminent domain would have to be approved by the Board.

ADJOURNMENT

Motion by Trustee Lescault, seconded by Trustee Denno that Board adjourn to executive session to discuss pending litigation as requested by Atty Avigdor, 7:38 PM.
Carried – 4 – 0

At 8:10 the Board reconvened.

Motion by Trustee Lescault, seconded by Trustee Denno that board adjourn, 8:11 PM.
Carried – 4 – 0

Nicole M. Colson
Clerk