Village Board Minutes

August 15, 2007 (18)

A public hearing and regular meeting of the Village Board was held August 15, 2007, 6:00 PM in the firehouse, 16 Saratoga Ave.

Mayor Winslow called the meeting to order, Trustee Lescault led the Pledge of Allegiance.

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

A public hearing having been duly advertised in the Post Star on August 8, 2007 was held August 15, 2007 re: proposed amendments to the zoning code.

Mayor Winslow opened the public hearing, read the legal notice as advertised & the rules for public comment.

Mayor Winslow summarized the changes in the zoning law as technical corrections to section numbers and definitions, the addition of agricultural waste to prohibited fuels for burning, an exception for generators for emergency power and grandfathering of Philmet’s proposed plastic plant and traditionally fueled power plant.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Herb Syrop, Mesa Cosa Rd, asked if the grandfathering included the Philmet plastic plant only.  Mayor Winslow answered that it also included the renovation of the power plant fueled by traditional fuels or wood chips.

Barbara Weatherwax, Town of Corinth, asked that no applications be grandfathered.

Tim Murphy, Village resident, questioned Atty Avigdor about definitions of grandfathering, why the Board opted to grandfather Philmet’s project and if it bypassed the Planning Board and ZBA.  Atty Avigdor & Mayor Winslow stated the grandfathering was the result of months of negotiations and complied with the agreement signed by the Village, Town of Corinth & Philmet.  Atty Avigdor also explained that the grandfathering bypassed the special use permit, but Philmet still needed to make an application to the Planning Board.

With no further comments from the public Mayor Winslow closed the public hearing at 6:11 PM.

Nicole M. Colson
Clerk

A regular meeting of the Village Board was held August 15, 2007, 6:11 PM in the firehouse, 16 Saratoga Ave.

Motion by Trustee Lescault, seconded by Trustee Densmore approved the minutes of regular meeting August 1, 2007 and emergency meeting August 7, 2007 as typed.
Carried – 3 – 0

Resolution #31 approved declaration of no negative environmental impact for SEQRA purposes regarding Zoning changes.

Resolution #32 approved amendments to Chapter 138 “Zoning” to be enacted into local law.

CORRESPONDENCE

The Village of Corinth has received a $400,000 HOME grant from the Housing Trust Fund Corporation to rehabilitate 20 housing units in the area east of Fourth Street.  It will take a few months to complete the preliminary paperwork.  Applications should begin to be accepted late this year.  Mayor Winslow also noted that the Village has applied for a $400,000 Small Cities grant; results will be announced in the fall.

DEPARTMENT REPORTS

CLERK – Clerk Colson was present, report for 8/15/07 read & filed.

Motion by Trustee Denno, seconded by Trustee Lescault approved Clerk Colson’s attendance at the NYCOM Fall Training School in Saratoga Springs, September 17 – 21, 2007 at the cost of $225.00.
Carried – 3 – 0

Clerk Colson informed the Board that the bid opening previously scheduled for 9/5/07 has not been advertised due to lack of details about the equipment to be put out to bid.  The Board decided to postpone the bid opening.

Motion by Trustee Denno, seconded by Trustee Densmore approved publication in the Post Star of a bid opening for surplus lawn mowers and police cars to be held September 19, 2007 at 6:00PM in the firehouse.
Carried – 3 – 0

TREASURER – Treas Fuller was present, report for 8/15/07 read & filed.

Motion by Trustee Lescault, seconded by Trustee Denno approved payment of abstract #7: Payroll $33,002.87; General $28,333.83; Water $12,919.16; Sewer $11,391.90; Community Development $2,504.21; and Reserves $377.31.
Carried – 3 – 0

FIRE DEPARTMENT – Chief Kelley was excused.

Trustee Densmore thanked the fire department for their assistance with the concert in the park on 8/9.  The fire department members assisted in bringing people down to the park which was very much appreciated.  The Board requested Clerk Colson send a letter of thanks.

DPW/WATER/WWTP – Supt Lozier was excused.

BUILDING INSPECTOR – Insp Jacon was present, report for 7/11/07 – 8/15/07 read & filed.

Insp Jacon reported that problems at 5 Oak St are being remedied.  Dr. Pitkin has inspected the property & expressed concern with a broken lid on the garbage can.  The Board discussed possible solutions.

ATTORNEY – Atty Avigdor was present, report for 8/15/07 read & filed.

Atty Avigdor has submitted a final version of the proposed local law prohibiting outdoor furnaces which the Board discussed.  The Board may schedule a public hearing at the next board meeting.

OLD BUSINESS

The Board requested Atty Avigdor draft a proposed nuisance law based upon the sample provided from the Village of Canajoharie.  The Sheriff’s Dept has reviewed the sample law and had no issues with the law.  Trustee Denno gave Ed Byrnes, president of the Merchant’s Association, a copy of the Canajoharie law.

NEW BUSINESS

Resolution #33 approved mayoral appointment of Wally Estill as Zoning Board of Appeals secretary as of 10/15/07.

Atty Avigdor informed the public that the Zoning Board of Appeals will no longer meet the second Thursday of every month, they will meet when there is an application before them or when the Chair calls a meeting.  ZBA Meetings will be held as needed on the Wednesdays that the Village Board does not meet.

Resolution #34 approved mayoral signature on architectural / engineering contract with Harlan-McGee for construction at Jessup’s Landing Park in the amount of $27,925.

Mayor Winslow stated that fully executed copies of the site development agreement, declaration of uses and covenants, and escrow check in the amount of $10,000 have been received from Philmet.  The Village is now prepared to withdraw their condemnation resolution.

Resolution #35 approved, declaration of no negative environmental impact for SEQRA purposes regarding withdrawal of resolution #81.

Resolution #36 approved, withdrawal of Resolution #81 adopted on November 15, 2006 which began undertaking action to take the former IP site located within the Village under New York’s Eminent Domain Procedures Law.

Mayor Winslow announced that the Restore NY program is accepting applications for a $2.5 million grant.  This grant would be beneficial to the rehabilitation of one of the former mill buildings and help kick start the proposed plastic plant at the former IP site.  The Village has discussed applying for the Restore NY grant on behalf of Philmet, there will be no monetary match from the Village, and any match would be private funds from Philmet.  Applications need to be submitted by September 29, 2007.

Resolution #37 approved mayoral signature on letter of intent to apply for Restore NY grant on behalf of Philmet.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Herb Syrop, Mesa Cosa Rd., expressed concern that the Board may have relinquished the Village’s right to eminent domain proceedings preventing Philmet from establishing a railroad at the IP site rendering them immune from state & local regulations.  Atty Avigdor stated that the Village’s decision to withdraw the existing eminent domain resolution does not prevent the Village from bringing such proceedings in the future.  Atty Avigdor also believes that the negotiated restrictions on the property and real estate title signed by Philmet cannot be overridden by a railroad designation.

Tim Murphy, Village resident, also asked Atty Avigdor about eminent domain.

Barbara Weatherwax, Town resident, expressed concern that the agreements with Philmet are a mistake and asked Atty Avigdor what would happen if the operation brought in was not a plastics plant.  Atty Avigdor stated that nothing other than the plastic plant would be grandfathered; any other use would require a special use permit.

Rosemary Hoch, Village resident, stated she is still having problems with the dirt bike track being operated by her neighbors and requested the Board pass legislation to address the issue.  Mayor Winslow asked Atty Avigdor to research what violations of the current code may apply and look at strengthening the law.

Ray Bush, Pine Street, expressed concern with loose slate on the roof of the Baptist Church and a blocked alley behind the Pine St car wash.  Insp Jacon will investigate.  Mr. Bush also mentioned incidents of panhandling on Main St; Mayor Winslow will ask the Sheriff’s Dept to look into it.

BOARD COMMENTS, QUESTIONS & CONCERNS

Trustee Denno stated that the Board spent hundreds of hours researching the agreements with Philmet and hired experts.  The Board felt that the agreements as written were the best protection for the Village.  Trustee Denno also mentioned that two of the part-time DPW workers, Marcus Kelley and young Michael Woodcock, had been sick and were getting better.  Marcus Kelley will be returning to work, Michael Woodcock is still recovering.

Mayor Winslow requested an executive session to discuss potential litigation and potential sale of real estate.

ADJOURNMENT

Motion by Trustee Lescault, seconded by Trustee Denno that Board adjourn to executive session as requested by the mayor for reasons above, 7:07 PM.         
Carried – 3 – 0

At 7:38 PM the Board reconvened.

Motion by Trustee Lescault, seconded by Trustee Denno that Board adjourn, 7:38 PM.
Carried – 3 – 0

Nicole M. Colson
Clerk