Village Board Minutes

March 7, 2007 (65)

A public hearing and regular meeting of the Village Board were held March 7, 2007, 6:00 PM in the firehouse, 16 Saratoga Ave.

Mayor Winslow called the meeting to order and led in 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 February 14, 2007 was held March 7, 2007 re: submission of an application for fiscal year 2007 CDBG grant funding through the GOSC.

Mayor Winslow opened the public hearing at 6:02 PM and introduced Michael N’Dolo of Camoin Associates who explained the proposed grant program and offered to answer questions.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Difference in current grants and the grant being applied for was requested and clarified. The 2007 grant application is for village-wide owner occupied homes.

With no further questions from the public Mayor Winslow closed the public hearing at 6:05 PM.

Nancy E. Mosher
Recording Secretary

A regular meeting of the Village Board was held March 7, 2007 at 6:05 PM in the firehouse, 16 Saratoga Ave.

Motion by Trustee Denno, seconded by Trustee Lescault approved the minutes of regular meeting of Feb. 28, 2007 as typed.
Carried 4 – 0

Resolution #111 approved, submission of application for 2007 CDBG grant funding through GOSC.

Resolution #112 approved, support of providing matching funds for 2007 DHCR Main Street application.

Resolution #113 approved, support for 2007 DHCR Main Street application.

DEPARTMENT REPORTS

CLERK – Account Clerk Mosher was present; Clerk Colson was excused. Report for 3/7/07 read and filed.

Motion by Trustee Denno, seconded by Trustee Densmore approved Clerk Colson’s attendance at 2010 Census informational workshop on March 14 in Ballston Spa.
Carried 4 – 0

TREASURER – Treasurer Fuller was present, report for 3/7/07 read and filed.

Motion by Trustee Densmore, seconded by Trustee Denno approved payment of abstract #19: Payroll $45,678.01; General $45,135.15; Water $5,543.65; Sewer $7,330.75.
Carried 4 – 0

Resolution #114 approved, budget transfers.

Budget work meeting is scheduled for Tuesday, March 13 6:00 PM at the Village Hall, 260 Main Street.

Motion by Trustee Enekes, seconded by Trustee Densmore approved Treasure Fuller’s attendance at Albany GFOA conference March 29 & 30 at a cost of $160.  
Carried 4 – 0

FIRE DEPARTMENT – Chief Denton was present, report for February 2007 read and filed.

Motion by Trustee Denno, seconded by Trustee Enekes approved six firemen to attend the Fire Chiefs Association Seminar in South Glens Falls.
Carried 4 – 0

A FEMA grant in the amount of $79,000 has been awarded for firefighting equipment. A 5% match is required.

POLICE – Sgt. Coffman was present; Chief Kane was excused. Report of 2/21/07 – 3/7/07 read and filed.

DPW/WATER/WWTP – Supt Lozier was present, report for February 2007 read and filed.

He thanked the public for help in clearing hydrants and sidewalks.

He requested an executive session for a personnel matter.

Mayor Winslow requested information from Atty Avigdor regarding parking restrictions on Oak St. Anne Crawley of 10 Oak St reports that people are disregarding parking restrictions (official yellow markings) adjacent to her driveway. Atty Avigdor states that this is an enforcement issue. Board agreed to a no parking sign at that location.

Gail Robbins questioned the schedule for clearing snow from streets and sidewalks. Mayor Winslow replied that this will be addressed at the next regular Board Meeting.

BUILDING INSPECTOR – Insp Jacon was present, 2/7/07 – 3/7/07 read and filed.

March 13, 14 & 15 he will be attending mandated state classes for building and fire codes in Schenectady.

He responded to question about 309 Oak St. He has renewed the building permit and will draft a letter to the owner.

Mayor Winslow inquired about a schedule for changing the façade on the old Rite Aid building.

ATTORNEY – Atty Avigdor was present 3/7/07 read and filed.

He has reviewed the proposed contract with Camoin Associates and finds it acceptable.

Mayor Winslow stated that the nuisance laws will be on the next agenda.

OLD BUSINESS

CMPC Design Guidelines are on website for public review. No attorney comment necessary.

Proposed Fence Ordinance will be discussed at future meetings. Atty Avigdor will review.

Outdoor wood furnace regulations are being drafted by attorney.

NEW BUSINESS

Garbage collection bids received this afternoon were read by Treasurer Fuller. Waste Management: 1 year $186,641; 2 years $395,977; 3 years $582,618. County Waste & Recycling: 1 year $189,170; 2 years $372,760; 3 years $526,500. Springer Waste Management: 1 year $119,820; 2 years $243,648; 3 years $370,656. Awarding of bid tabled pending attorney review.

Mayor Winslow introduced Paul Levine, our attorney with Lemery & Greisler working on zoning issues, to update everyone on the negotiations with Philmet attorneys. Atty Levine emphasized that negotiations are still in process and gave a timeline of his contacts with Philmet representatives from Dec. 12, 2006 to the present. The current agreement has some restrictions on property use. The 3/7/07 draft of a “Declaration of Uses and Covenants” was referenced. This document, if negotiated, would be binding on Philmet and any future owners but might be nullified by foreclosure (IP is holding a mortgage). Federal regulations may preempt local regulations. Industrial waste processing is not prohibited under the current agreement. Philmet has agreed to not request any processing of industrial waste until their plastics plant is up and running. He also outlined the 3/7/07 draft of the “Site Development Agreement”.

Mayor Winslow questioned the arrangement regarding unpaid taxes for the Philmet property.

Trustee Denno questioned how proposed new zoning law special use permits would affect this issue. Atty Avigdor responded that it is a more discretionary review. She asked if there would be changes and a better final version.

Trustee Enekes questioned if there has been a feed stock change from woodchips. It appears that other traditional sources may be used.

Mayor Winslow questioned if village zoning revisions are compliant with the current Philmet agreement.

John D’Alessandro, Philmet representative, clarified that in the covenant document his company has agreed not to burn industrial waste in an energy facility.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Ron Ogden, Overlook Dr, asked for a definition of burning, gasifying, oxidation.

Tim Humphrey-Fox, Sherman Ave, questioned biomass solid human waste processing and the anticipated response of Philmet if the Village enacted a prohibition to processing industrial waste.

Dennis Baker, Hamilton Ave, asked how the agreement would prevent railroad use. What safeguards are available?

Mitch Saunders, Oak St, when will all information be available to the general public?

Kate Halliday, Main St, questioned costs of this process.

Dennis Morreale, Center St, Philmet not required to do this, are giving away some rights. Requested the Board to make a decision on the issue and move on.

Tom Neumann, White St, asked about paper sludge, IP mortgage, Village relinquishing rights to eminent domain.

Sharon Flewelling, Oak St, spoke against eminent domain.

Joseph Duguay, Third St, spoke against eminent domain.

Lewis Montello, Hamilton Ave, discussed industrial waste. He stated that some forms of industrial waste are OK.

Trustee Enekes requested Philmet to respond about burning industrial waste.

John McManus, attorney for Philmet, says the initial proposal states that Philmet will not use industrial waste as an energy source.

Louise Kirkpatrick, Dunn Ave, is against coal and paper sludge. She commented on industrial waste and unpaid taxes.

Adrienne Hull, Maple St, commented on unpaid taxes. Paul Levine clarified that Philmet is not asking for additional time to pay their taxes.

Tim Halliday, Main St, asked for clarification of the general eminent domain process and inquired who would be involved if the Village pursues eminent domain. Atty Avigdor explained that it would be necessary to obtain a title search for the property.

Jim Hopkins, Hamilton Ave, time to make a decision that will help Village taxpayers.

Tim Murphy, Walnut St, wants safe industry.

Joel Duguay, Center St, we need local jobs; negotiate and sign agreements.

Joyce Lacomb, Heath St, clarify that Philmet will build and operate a plastic plant prior to applying for other permits.

Yvonne Melville, Oak St, there is not two groups; all residents want the same thing.

Bob Hudak, Ash St, questioned NYS limit on the debt of the Village; doesn’t think eminent domain would comply.

Ken Carter, Walnut St, commented on eminent domain and the fifth amendment.

Jackie Burnham, Town, concerned with eminent domain money issues, in favor of plastic plant.

Barbara Weatherwax, Town, feels the current agreement will give Philmet exactly what they want – industrial waste;

do not give them their gasification plant.

Renee Baker, Town, requested the reading of the definition of industrial waste.

Jeff Collura, Town, asked if Philmet was prepared to answer questions at this meeting; concerned with railroad.

Ginny Ogden, Town, clarify mortgage on Philmet property and relinquishing their right to bring in paper sludge.

Diana Jordan, Town, concerned with legal costs if agreement is violated.

Walter Chandler, Greenfield, against eminent domain, for jobs, DEC can handle problems.

John McManus, Philmet attorney, appreciates public comments, the goal is to update public on negotiations, future options. Philmet will be in a position to take questions from the public soon.

BOARD COMMENTS, QUESTIONS & CONCERNS

Trustee Lescault says we need to get on with the process and she will ask for a vote on the 21^st.

Trustee Denno wants to finalize after having a joint town and village board meeting.

Trustee Densmore is anxious to finalize this process.

Trustee Enekes is ready to finish after checking on revisions.

Mayor Winslow agrees with the Trustees that the process should be finalized soon.

ADJOURNMENT

Motion by Trustee Densmore, seconded by Trustee Denno approved adjournment to executive session to discuss a personnel matter as requested by Supt Lozier, 8:30 PM.
Carried 4 – 0

The Board reconvened at 9:10 PM.

Attorney Avigdor has reviewed the garbage bids. Springer Waste management, the low bidder, did not include the required bid bond or non-collusive bidding certificate with their bid. Springer should be given written notification of defects and given 5-10 days to provide these documents. County Waste, the next lowest bidder for three years, also failed to provide a bid bond.

Attorney Avigdor needs the latest revision of the fence ordinance. It will need redrafting after Board review.

Trustee Densmore requested support for a Glens Falls Foundation grant application for $25,000 by the Parklands Committee. Board agreed.

Motion by Trustee Lescault, seconded by Trustee Enekes that Board adjourn, 9:20 PM.
Carried 4 - 0

Nancy E. Mosher
Recording Secretary