A REGULAR TOWN BOARD MEETING WAS HELD ON TUESDAY, OCTOBER 8, 2013 AT THE TOWN HALL COMMENCING AT 7:00 P.M.
PRESENT
DANA HAFF, SUPERVISOR
BARBARA BEECHER, COUNCILWOMAN
ELIZABETH FOOTE, COUNCILWOMAN
HENRY GALLINARI, COUNCILMAN
ROBERT DILLON, COUNCILMAN
ALSO PRESENT
DENISE PETTEYS, RMC TOWN CLERK
GREGORY BROWN, HIGHWAY SUPERINTENDENT
MARK MILLER, ENFORCEMENT OFFICER
JOEL CARPENTER, CPA, SUPERVISOR CLERK/BUDGET OFFICER
MIKE ARMSTRONG, HISTORIAN
JOHN HOLMES, PLANNING BOARD
RON SMITH, YOUTH COMMISSION
JEN NIMS, YOUTH COMMISSION
RUSSELL WADE, YOUTH COMMISSION
ADAM FISH, YOUTH COMMISSION
GLEN GOSNELL, HARTFORD VOLUNTEER FIRE
DAVID BARKER, ARGYLE EMS
AUDIT
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 7:04 P.M.
PLEDGE
PAYMENT OF BILLS
RESOLUTION NO. 13226
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE AUTHORIZED BILLS BE PAID ON ABSTRACT #10 OF 2013 IN THE FOLLOWING AMOUNTS:
HIGHWAY VOUCHER #474 – 497 $ 29,713.71
YOUTH VOUCHER #498 – 499 $ 387.84
GENERAL VOUCHER #500 – 527 $ 7, 775.69
SUPERVISOR REPORT
RESOLUTION NO. 13227
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE SUPERVISOR REPORT BE ACCEPTED.
RESOLUTION NO. 13228
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED TO MAKE THE FOLLOWING BUDGET TRANSFERS:
A1990.4 CONTINGENT ACCOUNT – $ 1570.00
A1220.4 SUPERVISOR, CONTR EXP +$ 300.00
A3310.4 TRAFFIC CONTROL – CONTR EXP +$ 500.00
A3510.4 ANIMAL CONTROL – CONT EXP +$ 500.00
A7550.4 CELEBRATIONS, CONTR EXP +$ 270.00
D3501.0 CONSOLIDATED HIGHWAY AID – $26,644.00
D5112.2 HIGHWAYS – CHIPS PERM IMPROV +$26,644.00
OCTOBER 8, 2013 REGULAR MEETING PG. 2 OF
TOWN CLERK REPORT
RESOLUTION NO. 13229
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN GALLINARI, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE TOWN CLERK REPORT BE ACCEPTED.
MINUTE REVIEW
RESOLUTION NO. 13230
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN GALLINARI, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE REGULAR TOWN BOARD MINUTES FOR SEPTEMBER 10, 2013 AND SPECIAL TOWN BOARD MINUTES FOR OCTOBER 1, 2013 BE ACCEPTED.
RESOLUTION NO. 13231
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN FOOTE, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE PLANNING BOARD MINUTES FOR AUGUST 28, 2013 BE ACCEPTED.
RESOLUTION NO. 13232
R ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE YOUTH COMMISSION MINUTES FOR SEPTEMBER 9, 2013 BE ACCEPTED.
HARTFORD VOLUNTEER FIRE COMPANY 5 YEAR AGREEMENT PUBLIC HEARING
RESOLUTION NO. 13233
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE HARTFORD VOLUNTEER FIRE COMPANY 5 YEAR AGREEMENT PUBLIC HEARING BE OPENED AT 7:12 P.M.
NO PUBLIC COMMENT WAS MADE.
RESOLUTION NO. 13234
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN FOOTE, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE HARTFORD VOLUNTEER FIRE COMPANY 5 YEAR AGREEMENT PUBLIC HEARING BE CLOSED AT 7:13 P.M.
APPROVE HARTFORD VOLUNTEER FIRE COMPANY 5 YEAR AGREEMENT
RESOLUTION NO. 13235
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE HARTFORD VOLUNTEER FIRE COMPANY 5 YEAR AGREEMENT BE APPROVED AND ACCEPTED.
ARGYLE EMS 5 YEAR AGREEMENT PUBLIC HEARING
RESOLUTION NO. 13236
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN GALLINARI, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE ARGYLE EMS COMPANY 5 YEAR AGREEMENT PUBLIC HEARING BE OPENED AT 7:15 P.M.
OCTOBER 8, 2013 REGULAR MEETING PG. 3 OF
NO PUBLIC COMMENT WAS MADE.
RESOLUTION NO. 13237
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE ARGYLE EMS 5 YEAR AGREEMENT PUBLIC HEARING BE CLOSED AT 7:16 P.M.
APPROVE ARGYLE EMS 5 YEAR AGREEMENT
RESOLUTION NO. 13238
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE ARGYLE EMS 5 YEAR AGREEMENT BE APPROVED AND ACCEPTED.
2014 PRELIMINARY BUDGET PUBLIC HEARING
RESOLUTION NO. 13239
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE 2014 BUDGET PUBLIC HEARING BE OPENED AT 7:17 P.M.
NO PUBLIC COMMENT WAS MADE.
RESOLUTION NO. 13240
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE 2014 BUDGET PUBLIC HEARING BE CLOSED AT 7:18 P.M.
APPROVE 2014 BUDGET
RESOLUTION NO. 13241
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN GALLINARI, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE 2014 BUDGET BE APPROVED AND ACCEPTED.
CORRESPONDENCE & MISCELLANEOUS
SUPERVISOR HAFF READ INTO THE RECORD A LETTER ADDRESSED TO THE TOWN BOARD FROM THE PLANNING BOARD ATTORNEY IN REFERENCE TO THE ROBERT & HILLARY ORESCHNICK LOG VILLAGE AND GRIST MILL GLAMPING LOCATION. SUPERVISOR HAFF SAID THAT HE CONTACTED THE ORESCHNICK’S DIRECTLY AFTER HE RECEIVED THIS LETTER. THEY WERE ABLE TO PROVIDE HIM WITH SOME DOCUMENTATION – WHICH SHOWS THAT THEY ARE IN COMPLETE COMPLIANCE. THE LETTER FROM THE ATTORNEY SAYS “THE EXISTING STRUCTURE WAS BUILT WITHOUT PLANNING BOARD APPROVAL AND THIS VIOLATION IS COMPOUNDED BY THE FACT THAT THE ORESCHNICK’S ALLEGEDLY DID NOT RECEIVE BUILDING PERMITS FOR THE STRUCTURE, AND BASED ON COMMENTS, THE STRUCTURE WAS NOT DESIGNED BY AN ENGINEER.” SUPERVISOR HAFF SAID THAT HE FORWARDED THE DOCUMENTS THAT THE ORESCHNICK’S PROVIDED TO HIM TO JEFF MEYER, ATTORNEY FOR THE PLANNING BOARD. JEFF MEYER SAID BASED UPON THE DOCUMENTS PROVIDED HE NEVER WOULD HAVE WRITTEN THE LETTER REQUESTED BY THE PLANNING BOARD.
SUPERVISOR HAFF EXPLAINED THE DOCUMENTS SAYING THAT MARK MILLER, ENFORCEMENT OFFICER FOR THE TOWN, WENT TO THE ORESCHNICK’S PROPERTY ON 8/13/13 TO SIGN OFF ON A FINAL BUILDING PERMIT FOR A BATHHOUSE – AND WHILE THERE NOTICED A NEW DECK WAS THERE ATTACHED TO A BARN. MARK TOLD THE ORESCHNICK’S THAT THEY WOULD NEED A BUILDING PERMIT FOR IT. THE ORESCHNICK’S WENT OUT THE NEXT DAY WHICH WAS SIGNED BY MARK MILLER. WHEN MARK SIGNED THE LRCC#1, HE CHECK THE “NO LOCAL TOWN/VILLAGE REQUIREMENTS APPLY TO PROPOSED CONSTRUCTION.” SINCE HE CHECKED THIS ITEM – THERE CAN’T BE ANY PLANNING BOARD REQUIREMENTS. MARK SAID THAT HE SIGNS OFF NO LOCAL TOWN REQUIREMENTS – WHEN HE WENT TO THE PLANNING BOARD THEY SAID WAIT A MINUTE – THAT WAS NOT APPROVED. SUPERVISOR HAFF SAID THAT THIS MEANS NO SITE PLAN REVIEW, SUBDIVISION ETC APPLY. HE SAID JEFF MEYER SAID SINCE THE BOX WAS CHECKED IT IS END OF STORY. SUPERVISOR HAFF SAID HE WOULD
OCTOBER 8, 2013 REGULAR MEETING PG. 4 OF
NOT MAKE A MOTION TO ENFORCE SOMETHING THAT IS NOT ENFORCEABLE, BECAUSE IT WAS SIGNED OFF, AGAINST THE ORESCHNICKS. THE DECK THAT HAS BEEN BUILT HAS NOT INCREASE THE ORIGINAL FOOTPRINT OF THE PREVIOUS BUILDING. THE SITE PLAN REVIEW CAMPING INFORMATION THAT WAS APPROVED BY THE PLANNING BOARD WAS VERY HEAVY ON STORMWATER AND SANITATION – IT DOESN’T INCLUDE THE NORMAL COMMERCIAL VENTURE ITEMS. HE SAID HE KNOWS THEY PLAN TO HAVE WEDDINGS AND DAY EVENTS WHICH WAS NOT PART OF THE SITE PLAN REVIEW. SUPERVISOR HAFF ASKED MARK IF THE ORESCHNICK’S HOST A WEDDING – IS HE GOING TO SITE THEM FOR A VIOLATION BECAUSE IT WASN’T IN THE ORIGINAL SITE PLAN REVIEW? HE SAID THAT HE HAS REQUESTED THE ORESCHNICK’S TO RESUBMIT ANY AND ALL OF THEIR FUTURE PLANS TO THE PLANNING BOARD. SUPERVISOR HAFF SAID THAT THE TOWN NEEDS TO BE BUSINESS FRIENDLY. HE SAID JEFF MEYER APOLOGIZED FOR THE LETTER AND THE TOWN HAS TO PAY $135 FOR IT.
SUPERVISOR HAFF SAID THAT THE CURRENT SITE PLAN REVIEW SAYS “AN APPLICANT MAY NOT EXPAND THE USE OF THEIR PROPERTY WITHOUT THE APPROVAL OF THE PLANNING BOARD.” HE SAID THAT HE COULD UNDERSTAND A CHANGE OF USE FROM ORIGINAL SITE PLAN REVIEW – BUT NOT IF THEY WANT TO BUILD SOMETHING DIFFERENT WITHIN THE FOOTPRINT, SUCH AS THE DECK. SUPERVISOR HAFF SAID THAT JEFF MEYER ADVISED THAT A LOT OF TOWNS HAVE A CLAUSE THAT ALLOWS A BUSINESS TO EXPAND FROM 10, 15 OR 20% BEFORE THEY HAVE TO COME BACK TO THE PLANNING BOARD. HE SUGGESTS THAT THIS BE CONSIDERED AND OUR SITE PLAN REVIEW AMENDED. COUNCILWOMAN BEECHER ASKED IF MARK KNEW THAT THE COUNTY HAD ISSUED THESE PERMITS AT THE SEPTEMBER MEETING. MARK SAID YES – THE POINT ABOUT THE DECK IS NOT THAT IT IS WITHIN THE SAME FOOTPRINT OF THE BUILDING – BUT THAT IT IS NO LONGER A BUILDING – IT WAS TORN DOWN AND REPLACED BY A DECK. WHEN A DECK IS USED FOR COMMERCIAL USE – IT NEEDS TO MEET COMMERCIAL CRITERIA AND SHOULD HAVE BEEN ENGINEERED WHEN BUILT. THERE IS CONCERN THAT IT IS BUILT STRUCTURALLY SOUND ENOUGH WITH PROPER RAILING HEIGHTS, STAIRS TO HOLD PEOPLE. SUPERVISOR HAFF DISCUSSED THE LRCC#2 WHERE THE COUNTY APPROVED THE DRAWINGS FOR THE DECK AS SUBMITTED – THE COUNTY DID NOT SAY IT NEEDED TO BE ENGINEERED. MARK SAID THAT HE WORKS FOR THE PLANNING BOARD AND TOWN BOARD – HE IS TRYING TO DO WHAT EVERYONE WANTS. SUPERVISOR HAFF SAID NO, YOU WORK FOR THE TOWN BOARD. THE TOWN BOARD IS THE APPOINTING AUTHORITY FOR ENFORCEMENT OFFICER. MARK ASKED IF HE WAS SUPPOSED TO COME BACK TO THE TOWN BOARD EVERY TIME THE PLANNING BOARD TELLS HIM TO DO SOMETHING? SUPERVISOR HAFF SAID HE DOESN’T WANT MARK TO BE SO UNBUSINESS FRIENDLY. MARK SAID HE WAS NOT UNFRIENDLY TO THE ORESCHNICK’S – THEY AGREED ON EVERYTHING THAT NEEDED TO BE DONE. MARK SAID IT WAS THE PLANNING BOARD THAT TOLD HIM THAT THE ORESCHNICK’S SHOULD HAVE GOTTEN AN ENGINEERED DRAWING AND COME BACK WITH SITE PLAN. COUNCILWOMAN BEECHER ASKED IF MARK WAS USING THE 3 PART FORMS? THOSE FORMS ARE FOR PEOPLE TO KNOW WHAT IS EXPECTED FROM THEM.
WASHINGTON COUNTY ELDRIDGE LANE SALE
SUPERVISOR HAFF SAID THAT THE COUNTY HAS A WINNING BID FOR THE 485 ACRES ON ELDRIDGE LANE – $300 MORE THAN THE APPRAISED VALUE. GARY FULLERTON WAS THE BIDDER AND HE PLANS TO USE IT AS AGRICULTURAL LAND. THE AUCTION CLOSED ON SEPTEMBER 23, 2013 BUT THE COUNTY BOARD OF SUPERVISORS HAS TO APPROVE THE BID AT THEIR NEXT MEETING ON OCTOBER 18, 2013 FOR IT TO BE VALID. HE IS HOPEFUL IT WILL PROCEED AND BE BACK ON THE TAX ROLL UNDER PRIVATE OWNERSHIP.
YOUTH COMMISSION ALTERNATE APPOINTMENT
RESOLUTION NO. 13242
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED TO APPOINT ADAM FISH AS ALTERNATE MEMBER OF YOUTH COMMISSION FILLING UNEXPIRED TERM THROUGH 12/31/13.
YOUTH COMMISSION REPORT
RON SMITH SAID THERE ARE 3 WEEKS LEFT TO THE SOCCER SEASON – THEY WILL BE GIVING OUT AWARDS AND HAVING A SEASON END PART ON NOVEMBER 2, 2013. THEY HAVE STARTED BASKETBALL AND CHEERING SIGNUPS. STILL WORKING ON THE BIG RAFFLE.
RESOLUTION NO. 13243
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE YOUTH COMMISSION REPORT BE ACCEPTED.
OCTOBER 8, 2013 REGULAR MEETING PG. 5 OF
HARTFORD VOLUNTEER FIRE COMPANY REPORT
GLEN GOSNELL SUMMARIZED THE HARTFORD FIRE COMPANY REPORT. SUPERVISOR HAFF DISCUSSED HOW THE 5 YEAR CONTRACT IS HELPFUL FOR BOTH THE TOWN AND FIRE COMPANY IN BUDGETING AND CAPITAL PROJECT PURPOSES.
RESOLUTION NO. 13244
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN GALLINARI, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE HARTFORD VOLUNTEER FIRE COMPANY REPORT BE ACCEPTED.
HIGHWAY SUPERINTENDENT REPORT
GREG BROWN SAID THAT THE SALT BARN IS FINISHED AND THEY HAVE 233 TON OF SALT IN IT. ANOTHER 70 TON CAN BE PUT IN. THEY WILL BE FINISHING UP THE BUILDING IN THE FRONT OF TOWN HALL SOON. GREG THANKED GLEN GOSNELL FOR THE HELP THEY GAVE THE HIGHWAY CREW DURING THE SEPTEMBER STORM.
RESOLUTION NO. 13245
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN FOOTE, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE HIGHWAY SUPERINTENDENT REPORT BE ACCEPTED.
ENFORCEMENT OFFICER REPORT
MARK MILLER SAID THAT HE IS WAITING TO HEAR BACK ON THE VIOLATION FOR BILL KNAPP REGARDING THE MOBILE HOME ON COUNTRY LANE. HE HAS SIGNED A COUPLE OF WOODSTOVE AND STRUCTURE PERMITS. SUPERVISOR HAFF ASKED ABOUT THE LIST OF ITEMS FOR THE COUNTY CODE ENFORCEMENT. MARK SAID HE WILL BRING IT IN TOMORROW.
RESOLUTION NO. 13246
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE ENFORCEMENT OFFICER REPORT BE ACCEPTED.
PLANNING BOARD
JOHN HOLMES SAID THAT THE LETTER THE TOWN BOARD RECEIVED FROM JEFF MEYER WAS DONE AT THE REQUEST OF THE PLANNING BOARD BASED UPON THE REPORTS THAT HAD BEEN GIVEN TO THEM. HE SAID THE PLANNING BOARD WAS NOT AWARE THAT THERE WAS A BUILDING PERMIT FOR THE DECK. JOHN SAID THAT HE DOES NOT KNOW IF THE DECK WAS BUILT BEFORE OR AFTER THE BUILDING PERMIT WAS ISSUED. IT WAS NOT THAT THE ORESCHNICK’S WERE DOING ANYTHING WRONG, BUT THAT THERE WAS A CHANGE OF USE – THAT’S WHAT THE PLANNING BOARD WAS ACTING ON. HOW THEY CONDUCT THEIR BUSINESS IS NOT A PROBLEM, BUT IF THEY CHANGE THE USE OF THE PROPERTY – THEN IT IS A SITE PLAN ISSUE. SUPERVISOR HAFF SAID THAT IS WHY HE ADVISED THEM TO COME BACK WITH ALL THE POSSIBLE THINGS THAT THEY MAY DO – EVEN IF THEY DON’T END UP DOING ALL OF THEM. THEN THEY DON’T HAVE TO WORRY ABOUT COMING BACK IN THE FUTURE. JOHN DISCUSSED THAT PETE ZAYACHEK IS ALSO APPLYING FOR A CHANGE OF USE ON STATE ROUTE 149. SUPERVISOR HAFF SAID THAT HE READ IN THE RECENT PLANNING BOARD MINUTES THERE IS A POTENTIAL FOR HAZARDOUS MATERIALS – THERE IS NOTHING IN THE LANDFILL LAW THAT PREVENTS SOMEONE FROM CREATING HAZARDOUS MATERIALS. HE CONTINUED, FOR EXAMPLE HE WANTED TO HAVE A BOTTLED WATER FACTORY. AND HE WANTED TO ADVERTISE IT AS ARSENIC FREE AND HE TOOK WELL WATER AND FILTERED OUT ALL OF THE ARSENIC AND COLLECT THE ARSENIC IN A DRUM SOMEWHERE – HE WOULD HAVE CREATED A HAZARDOUS WASTE BY CONCENTRATING IT. THERE IS NOTHING IN THE LOCAL LAW REGARDING THIS. THERE WAS DISCUSSION REGARDING HOW THE LEVELS OF POTENTIAL HAZARDOUS WASTE WILL BE MEASURED. SUPERVISOR HAFF SAID THAT THE PLANNING BOARD HAS THE ABILITY TO REQUIRE SOME SORT OF LIABILITY INSURANCE POLICY, BOND, LETTER OF CREDIT ETC. SO THAT IF THE BUSINESS EVER DEFAULTS ON PROPERTY TAXES AND OR LEAVES THAT THERE WOULD BE MONEY LEFT OVER FOR CLEANUP OF A POTENTIAL BROWNFIELD SITUATION. JEFF MEYER, ATTORNEY FOR THE TOWN SUGGESTED NOT TO TALK ABOUT INSURANCE BECAUSE INSURANCE DOESN’T COVER IF THE OWNER IS NEGLIGENT. HE SUGGESTED MAYBE A LETTER OF CREDIT ETC. – HE SAID HE DOESN’T WANT TO TELL THE PLANNING BOARD WHAT TO DO – HE FEELS THAT MR. ZAYACHEK IS A REPUTABLE PERSON, BUT HE COULD SELL THE BUSINESS IN A YEAR TO SOMEONE WHO IS NOT. THE TOWN NEEDS TO LOOK AT THE BUSINESS ISSUES, NOT NECESSARILY THE OWNER. JOHN SAID THAT HE DIDN’T THINK IT WOULD BE ENFORCED BY THE PLANNING BOARD – IT WOULD BE THE TOWN BOARD TO REQUIRE THESE ITEMS. THERE WAS DISCUSSION REGARDING SOLID WASTE AND THE 360 PROVISIONS. SUPERVISOR HAFF SAID HE ASKED JEFF MEYER ABOUT ALL OF THIS TODAY ASKING IF HE
OCTOBER 8, 2013 REGULAR MEETING PG. 6 OF
THOUGHT THE TOWN BOARD SHOULD MAKE A RESOLUTION REQUESTING THE PLANNING BOARD TO DO THESE THINGS. JEFF SAID NO – THE PLANNING BOARD HAS A LOT OF LEEWAY WHAT THEY CAN REQUEST AND REQUIRE. IT SHOULD NOT COME FROM THE TOWN BOARD, THE THOUGHTS AND CONCERNS CAN BE KNOWN TO THE PLANNING BOARD. THERE WAS FURTHER DISCUSSION REGARDING THE PROPOSED OPERATING PROCESS FOR TRI-PHASE.
RESOLUTION NO. 13247
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN GALLINARI, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE PLANNING BOARD REPORT BE ACCEPTED.
HISTORIAN REPORT
MIKE ARMSTRONG SAID HE HAS BEEN INVESTIGATING THE 17 CIVIL WAR MEN REPRESENTED BY THE MOUND IN THE OLD CEMETERY.
RESOLUTION NO. 13248
R ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE HISTORIAN REPORT BE ACCEPTED.
DCO REPORT
SUPERVISOR HAFF SUMMARIZED THE DCO REPORT. THERESA SULZER SPOKE ABOUT A DOG ISSUE THAT SHE HAS HAD FOR 6 MONTHS AND THE DOG CONTROL FINALLY APPEARED THIS EVENING WITH COMPLAINT PAPERWORK.
RESOLUTION NO. 13249
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE DCO REPORT BE ACCEPTED.
COURT REPORT
SUPERVISOR HAFF SUMMARIZED THE COURT REPORT
RESOLUTION NO. 13250
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN DILLON.
RESOLVED THAT THE COURT REPORT BE ACCEPTED.
PUBLIC DISCUSSION
DENNIS BENSON AND SIMON SULZER EXPRESSED CONCERN WITH THE DRIVEWAY ON MARLBORO COUNTRY ROAD CAUSING TROUBLE WITH GILCHRIST ROAD. SUPERVISOR HAFF SAID HE BELIEVES A DRIVEWAY ENCROACHING ON PRIVATE PROPERTY IS A CIVIL MATTER BETWEEN NEIGHBORS. RAINWATER ACROSS A TOWN ROAD IS A SAFETY ISSUE AND GREG BROWN WILL HAVE TO INVESTIGATE HOW TO ADDRESS IT.
GREG BROWN SAID CONCRETE SLURRY IS AN EXPERIMENT THAT THE LAKE CHAMPLAIN WATERSHED HAS BEEN TRYING. THEY WERE GIVEN $60,000 TO USE AROUND THE COUNTY. THEY OFFERED US $6,000 TO TRY CONCRETE SLURRY MIX TO MIX IN WITH THE ROCK THAT YOU USE TO HELP STABILIZE THE SHOULDERS OF THE ROAD. JOE DRISCOLL FROM SOIL AND WATER BROUGHT IT TO HIS ATTENTION TO TRY ON GILCHRIST HILL ROAD.
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER THE MEETING WAS ADJOURNED AT 8:34 P.M.
RESPECTFULLY SUBMITTED, ________________________DENISE PETTEYS, RMC TOWN CLERK
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SUPERVISOR HAFF COUNCILWOMAN BEECHER
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COUNCILWOMAN FOOTE COUNCILMAN GALLINARI
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COUNCILMAN DILLON