Village Board Minutes

August 1, 2007 (14)

A regular meeting of the Village Board was held August 1, 2007, 6:00 PM in the firehouse, 16 Saratoga Ave.

Mayor Winslow called the meeting to order & Councilman Charles Brown led the Pledge of Allegiance.

Roll Call: Trustees Denno, Densmore & Enekes were present.  Trustee Lescault was excused.

Motion by Trustee Denno, seconded by Trustee Enekes approved the minutes of regular meeting July 11, 2007 as typed.
Carried – 3 – 0

DEPARTMENT REPORTS

CLERK – Clerk Colson was present, report for 8/1/07 read & filed.

Resolution # 25 approved, adjustments to water/sewer roll.

Clerk Colson reported that the NYS Archive Grant work is nearly complete; the final paperwork will need to be completed this month. 

TREASURER – Treas Fuller was excused, report for 8/1/07 read & filed.

Motion by Trustee Densmore, seconded by Trustee Enekes approved payment of abstract #6: Payroll $35,969.74; General $51,310.80; Water $2,734.16; Sewer $7,070.11; and Comm Development $224.59.
Carried – 3 – 0

FIRE DEPARTMENT – Chief Kelley was present, report for July 2007 read & filed.

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

Main St sidewalk project has begun with assistance from the Town of Hadley & Town of Greenfield with the Town of Corinth assisting next week.  Curbing should be in place by the end of next week.

Supt Lozier requested an executive session to discuss a personnel matter.

Motion by Trustee Enekes, seconded by Trustee Densmore approved publication in the Post Star of bid opening on September 5, 2007 at 6:00 PM in the firehouse to open bids for no longer used lawn mowers, the remaining police cars and possibly the police bicycles if no other law enforcement agency is interested.
Carried – 3 – 0

CT Male has submitted a draft of the new water model; Supt Lozier will copy the Board with his suggestions.

The Board discussed the Sanitary Survey from the Dept of Health which will require the outside water districts to either be incorporated in to one Village water district or to establish a testing schedule for the outside districts.  Atty Avigdor suggested Supt Lozier have the Dept of Health contact him to discuss the mechanics of combining the districts.

CT Male has submitted a proposal for the disinfection of the effluent from the waste treatment plant.  Compliance is required by 5/1/09.  CT Male’s proposal would cost $50,000 and must be approved by the DEC.

BUILDING INSPECTOR – Bldg Insp Jacon was present.

Insp Jacon and the Board discussed the notification process that must be followed when a complaint is filed against a property owner.  Thomas Burke & Bill Howenstein, residents of Oak Street, complained about conditions at 5 Oak St; they feel it has escalated from a property maintenance issue to a health hazard due to the presence of mice and rats.  Mayor Winslow stated he would notify Dr. Pitkin, the Village Health Officer, of the issue.

Mayor Winslow requested that Insp Jacon verify that the signage at Rite Aid is compliant with the sign code.

ATTORNEY – Atty Avigdor was present, report for 8/1/07 read & filed.

Atty Avigdor approved the proposed technical amendments to the Zoning Law.

Mayor Winslow requested an executive session to discuss a personnel issue.

Atty Avigdor has reviewed the samples of loitering/nuisance laws provided to him & stated that such a law can be quite vague and possibly open the Village up to allegations of Civil Rights violations.  Atty Avigdor suggested that the existing laws against harassment, vandalism, etc are more easily enforceable than a nuisance law.  Mayor Winslow will get the Sheriff’s input and asked Atty Avigdor to explore how a nuisance law can be tailored to avoid litigation.

Research on the handicap ramps on Main Street failed to establish ownership.

OLD BUSINESS

Atty Avigdor needs the NYS Code chimney requirements from Insp Jacon before he can complete the proposed law regarding outdoor wood boilers.

The Board discussed problems with allowing dogs in Pagenstecher Park.  The Board agreed to ask Kendra Scheiber to construct a sign stating the rules of the park, including the need for owners to clean up after their dogs and have them leashed.  If this does not remedy the problem the Board will discuss banning dogs from the park.

Per Board consensus the spraying of geese repellant at the beach will continue until the end of the swimming season, although it exceeds the budget.  The budget will have to be increased next year.

The Board discussed prohibiting smoking at the beach and decided to review all restrictions for a local law to be developed.

The technical changes to the Zoning Law have been reviewed and approved by the Saratoga County Planning Board.  Changes include renumbering of sections, clarification of definitions, addition of agricultural waste to list of burning prohibitions, exemption of generators for emergency power, and grandfathering of the plastic plant application received from Philmet.  The Clerk will publish the proposed changes on the website under Mayor’s Updates.

Motion by Trustee Densmore, seconded by Trustee Denno approved publication in the Post Star of a notice of public hearing to be held Wednesday, August 15, 2007 at 6:00 PM in the firehouse re: proposed zoning technical amendments.
Carried – 3 – 0

NEW BUSINESS

Resolution #26 approved, payment of voucher for American Legion in the amount of $2,852.20.

Resolution #27 approved, resignation of Nancy Mosher as ZBA Secretary and Kate Halliday as ZBA member.

Motion by Trustee Enekes, seconded by Trustee Densmore approved publication of vacancy on the Zoning Board of Appeals for a five-year term to be appointed in September.
Carried – 3 – 0

Resolution #28 approved, mayoral signature on Local Waterfront Revitalization Grant documents pending attorney review.

Motion by Trustee Densmore, seconded by Trustee Denno approved mayoral signature on a letter to the Department of State naming Michael N’dolo as contact person for the LWRG.
Carried – 3 – 0

PUBLIC COMMENTS, QUESTIONS & CONCERNS – none.

BOARD COMMENTS, QUESTIONS & CONCERNS – none.

ADJOURNMENT

Motion by Trustee Denno, seconded by Trustee Densmore to adjourn to executive session to discuss personnel matters as requested by Supt Lozier and Mayor Winslow, 7:25 PM.
Carried – 3 – 0

At 7:26 PM the Board reconvened to hear the concerns of a resident.

Rosemary Houk, King Ave, expressed concern with a property adjoining hers that has a dirt bike track in their yard.  Insp Jacon will look into whether it is a zoning violation and Atty Avigdor recommended Ms. Houk call the Sheriff Department if the residents are violating the ordinance against unnecessary noise.

The Board then went to executive session based upon the previous motion.

The Board reconvened, 8:20 PM.

Motion by Trustee Denno, seconded by Trustee Enekes approved mayoral signature on a letter, to be sent certified mail, to previous Planning Board clerk Jeanne Lee confirming that she will meet with Wally Estill, current Planning Board clerk, on August 15, 2007 to deliver any public records in her possession, failure to do so would result in the appropriate consequences.
Carried – 3- 0

Resolution #29 approved, hiring of Brandon Stautner as part-time seasonal DPW employee at the rate of $9.25/hour.

Motion by Trustee Denno, seconded by Trustee Enekes that Board adjourn, 8:22 PM.
Carried – 3- 0

Nicole M. Colson
Clerk