Minutes Regular Meeting July 18, 2017
REGULAR MEETING – VILLAGE OF NORTHVILLE
Tuesday, July 18, 2017
The Village Board met Tuesday, July 18, 2017 at 7:00 PM at the village offices.
Present: John Spaeth, Mayor
Steve Collins, Trustee
John Markiewicz, Trustee
Matthew Ginter, Trustee
Sue Sedon, Trustee
Wendy Reu, Village Clerk, Recording Secretary
Nathanial Matthews, Treasurer
Excused:
Mayor Spaeth called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Mayor Spaeth asked those in attendance to remain standing for a moment of silence for Northville Police Officer Robert Johnson.
Motion to approve the minutes of the May 16, 2017 Regular Meeting was made by Trustee Markiewicz, seconded by Trustee Ginter, and passed by voice vote as follows:
Aye: Mayor Spaeth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: Trustee Collins, Trustee Sedon (both absent from meeting)
Motion to approve the minutes of the June 20, 2017 Regular Meeting was made by Trustee Markiewicz, seconded by Trustee Sedon, and passed by voice vote as follows:
Aye: Mayor Spaeth, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: Trustee Collins, Trustee Ginter (both absent from meeting)
PUBLIC HEARING:
LOCAL LAW #1 OF 2017 Amending Chapter 170 Pertaining to Zoning
Mayor Spaeth opened the Public Hearing on Local Law #1 of 2017 at 7:05 p.m. by explaining the reason for the meeting and giving an explanation on the process that was followed to previously amend zoning. He explained that in 2010, the Zoning chapter of the Village Code was amended by Board Resolution, not Local Law and the purpose of this hearing was to correct an error on the Zoning amendment. He stated it was not project specific and asked that comments address the amendment only. He opened the floor to comments on correcting the Zoning amendment error.
Jim Conkling, from Sacandaga Task Force for Senior Living (STFSL) stated that in 2009, his group began working with the Village Board and the Fulton County Planning Board in an attempt to amend zoning to allow for the construction of housing for Senior citizens in the R-1 District of the Village. He stated that STFSL had purchased property on South First Street with the desire to see a Senior housing facility constructed there.
Mike Feldman asked if the 2010 Amendment was being followed, but not to the letter of the law. Mayor Spaeth indicated that after 2010, the Village was operating on the premise that the amendment was law. He stated that the only process that wasn’t filed in 2010 was the filing with the Department of State.
Village Attorney Carmel Greco spoke regarding the amendment. He stated that for all practical purposes, what the Village Board did in 2010 was okay then and is still ok. He stated that when the resolution was adopted in 2010, it was not project specific. He stated the amendment refined definition of use, site plan requirements, and one family dwellings.
Mr. Feldman asked the Attorney when he became involved in this process and if there was any way this sitting Board could say they don’t want to adopt this Local Law. Attorney Greco stated that he became involved in May of 2017 after a call from Mayor Spaeth. He indicated that step that should have been taken in 2010 was adoption by Local Law instead of Resolution. He stated the current amendment is retroactive to 2010, a defacto law meaning that it was something that was passed under the color of law. Attorney Greco stated that the Board would have to repeal the defacto law at a future date if they chose not to move forward with this Local Law.
Sid Junquera asked who made the changes in 2010. Mayor Spaeth indicated it was the Board of Trustees at the time.
Mark Sakadolsky asked if when the changes were made in 2010, were they based on the Comprehensive Plan. Mayor Spaeth indicated that pieces did come from the Comprehensive Plan but also from public input. The changes that were made were under the Special Permit process which would include that those projects would require a site plan review by the Planning Board and a review by the Zoning Board of Appeals.
Bob Ellsworth asked if it would have to be repealed if the Local Law wasn’t passed tonight. Attorney Greco again stated that this Board is cleaning up the process. He stated that right now, a defacto law is on the books but it could be challenged. He stated the Board would have to act at a later date to repeal the defacto law if they chose to not approve the Local Law presented. Mayor Spaeth wanted to clarify for those in attendance that when the issue with the law was discovered, the current Village Board felt the right action to take was to clean it up and proceed with the Local Law.
Jane Ferguson stated she felt the Board should step back and relook at what happened 7 years ago and see if it applicable for today as well.
Dave Henderson from FCCHC addressed the Board. He stated he attended the 2010 meetings and observed the process amending zoning. He stated that he was under the impression that the zoning change was active and his organization has devoted time and resources in the Village in anticipation of moving forward with their application. He stated he felt a negative vote on the Local Law tonight could be seen to exclude fair housing choices in the Village.
Carolyn Adamczyk addressed the error by stating that if it was an error anywhere else it would be corrected and it should be corrected. She did ask if anything would be impacted if the defacto law was overturned and it was indicated that there were no projects that would be impacted.
Bob Scott stated he felt the zoning should not be changed. He stated it would impact the Village significantly.
Dennie Poulin stated he felt the Board should rescind the zoning changes and urged the Board to not adopt the Local Law.
Mayor Spaeth asked if there were any further comments regarding the Local Law and hearing none, closed the Public Hearing at 7:44 p.m.
Mayor Spaeth addressed the Board regarding the Local Law and asked for their input.
Trustee Ginter stated that the conversion of one family homes to multifamily homes was removed in amendment made in 2010 and he indicated he felt that was important to preserve our stock of single family homes in the Village.
Trustee Sedon asked if there was added criteria to further protect and preserve the quality within the residential areas under this Local Law. Attorney Greco stated that when the amendment was original made, it had gone through the Village Planning Board, County Planning Board, APA, and SEQR process. She asked if any projects being built in areas affected by the zoning change would have to fit the character and nature of the area where they were being built and it was indicated that any projects that qualify for a Special Permit under the zoning change would be required to have a site plan review which had a specific list of criteria that needed to be addressed by the Planning Board and further review by the Zoning Board of Appeals.
After a brief discussion, Trustee Ginter made a motion to approve and file Local Law #1 of 2017 to correct the changes made in the 2010 amendment to zoning. The motion was seconded by Mayor Spaeth and carried by roll call vote as follows:
Aye: Mayor Spaeth, Trustee Collins, Trustee Ginter
Nay: Trustee Markiewicz, Trustee Sedon
Abstain: 0
PUBLIC COMMENTS – Jim Lewek asked if there was adequate water and area for septic for the proposed Senior Housing project on South First Street. Mayor Spaeth stated that would need to be addressed by the Planning Board at their next meeting.
Chris Draffen asked if there was a site plan for the Senior Housing project available for review. Mr. Henderson stated that one was presented at the preliminary site planning review meeting and there would be another presented at their next meeting.
Sid Junquera stated that he understood the Senior Housing project was being built with grant funds and he stated he did not feel taxpayer dollars should be used.
Bob Scott asked for a show of hands of people that are opposed to Senior Housing on South First Street. He stated that no one in the Village would be able to live in a housing unit built here because they will be filled up by the list maintained by the State. Mr. Henderson stated there was no State list but he could not discriminate or pick and choose who resided in the units. Mr. Conkling stated that the STFSL will begin using their contact list to identify candidates that are eligible.
Mary Ann Evans stated that she has to move to Saratoga to have access to Senior Housing because none is available in Northville.
Walter Johnson stated there was no one in the room that wanted to deny seniors a place to live. He stated that the objections that people have is to the process mechanics of determining who can live there.
Norman Richardson stated he is from the city and familiar with public housing and said that there will be thousands of applications and no one local will get in.
Rev. Rebecca Putman stated that part of the mission of the Presbyterian Church is to visit elderly home bound people. She stated there are many Northville and Edinburg people that reside in facilities in Amsterdam, Gloversville, and Johnstown. She stated that there is a need for senior housing in our community. She stated there are many seniors that live elsewhere that would love to live in Northville. She also said that she has heard much about the effect of the project on the aesthetics of South First Street and having purchased a home on the street she said that it didn’t have much of a character other than eclectic.
Mayor Spaeth stated that the Village Board does not have a say in the Senior Housing project. He stated that the Planning Board would be conducting the site plan review and that their meetings were open to the public. He also stated that after the preliminary reviews are completed, the Planning Board would conduct a Public Hearing on the project.
Mr. Draffen stated that he moved back to Northville after being gone for 30 years to help take care of his elder parents. He stated he loves Northville and cares about the community. He stated that everyone seems to be bothered by the fact that the proposed project will have some state control and there is concern about who’s going to move in. His question to the public present was, “who are you afraid is going to move in.” He stated in his experience, people that reside in urban settings don’t want to move an hour plus away from everything.
Dennie Poulin stated that he went to the initial site plan review and that he felt that the project proposed needed to have a second door in each unit for emergency exit.
Mayor Spaeth closed the public access session at 8:20 p.m. and moved on with the remainder of the Regular meeting.
REPORT OF COMMITTEES:
Police – There was no police report.
Streets – Trustee Ginter reported that the crew finished pavement marking and added blocks to the crosswalks for increased visibility.
Highway Superintendent Reidell reported that he was looking to have three large pines taken down on Division Street and two on South Second Street. He indicated that National Grid would take the trees down but needed a crane to put them on the ground. Highway Superintendent Reidell stated that the Village could use the lumber from these large pine trees to make shelving at the barn and cold storage facility. He indicated the cost of the crane was between $ 1500 -$ 2000. After discussion, Trustee Markiewicz made a motion to approve getting a crane to assist with the removal of the trees that Highway Superintendent Reidell indicated would be used for lumber for the Village. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Highway Superintendent Reidell reported that he would like to begin advertising for a laborer to fill a vacancy by September. Trustee Sedon made a motion to advertise for a laborer with a CDL and residency within a 10-mile radius of the Village at a starting salary of $15.60 per hour. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Highway Superintendent Reidell reported to the Village that there is a large pile of millings up at the highway facility that he felt residents could use to make small repairs at their property. He stated that we already provide residents the opportunity to come and get wood chips and compost and wanted to include the millings in that. It was stated it would be for resident’s private use and no commercial entities could take the millings. After discussion, Trustee Sedon made a motion to approve letting residents obtain millings from the pile at the highway garage, similar to the mulch and compost program. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
It was reported that during the Doins’ parade this year, traffic was allowed to flow down both South First and Second Streets where the parade participants were lined up. The Board agreed that next year, it should be made known to the event organizers that traffic needs to be restricted from those streets during the lineup.
Water – It was reported that usage decreased from 2,900,000 gallons in June 2016 to 2,856,000 this year. Water testing and operations were normal.
Water Supervisor Roosa received a water tap application for Bruce Rose.
Fire – Fire Department Report for June 2017
| Village of Northville (3) | Smoke Detector Activation 1
Smoke Detector Issue 1 Medflight standby 1 |
| Town of Northampton (3) | Pump Out 1
Unattended Burn 1 EMS Assist 1 |
| Town of Edinburg (2 ) | MVA 1
Fire alarm activation 1 |
| Town of Hope (0) | |
| Town of Benson (0) | |
| Mutual Aid Given (2)
Mutual Aid Received (0) |
Total Man-hours reported were 29.71
Mayor Spaeth reported that the counter bid of $ 25,000.00 has been given to the high bidder on Auctions International for the 1990 Mack Pumper Truck and the bidder has 7 days to respond. After discussion, Trustee Sedon made a motion to sell the firetruck to the Edinburg Fire Department for $ 25,000.00 in the event the high auction bidder rejects the counter offer. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Code Enforcement – There was no Code Enforcement report.
Joint Youth – Trustee Sedon gave a brief update on the first week of Summer camp for the Board.
Comprehensive Plan – Mayor Spaeth reported that after the Board conducted a workshop meeting on July 17th. He stated the Board had ideas for changes regarding the proposed bulbouts and raised cross walks, which would include striking all reference of them from the document. Mayor Spaeth stated that overall, the Board was not happy with the final wording of the Water Street park area and it was agreed to revise the chapter to state that a linear park would be constructed adjacent to the street, thereby not closing the street to vehicle traffic. Mayor Spaeth stated that the Clerk would be sending the changes down to the County Planning Department for revision of the draft Comprehensive Plan. He stated that he would like to schedule a “public conversation” session before our next meeting to receive additional input on the plan before scheduling a public hearing in September. It was agreed that the Board would meet on Tuesday, August 15th at 6:30 p.m. to discuss the comprehensive plan prior to the start of the regular meeting.
Park Use Requests- No requests.
Marketing- Carla Kolbe presented the Board with the marketing report for June/July.
PAYMENT OF BILLS
Bills to be paid from the General Fund in the amount of $ 17,096.96, from the Water Fund in the amount of $ 1,925.36, and from the Joint Youth fund in the amount of $ 1,635.12 were presented for payment. Motion to approve payment was made by Trustee Markiewicz, seconded by Trustee Sedon, discussed, and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
ANNUAL FINANCIAL REPORTS
Trustee Markiewicz made a motion to approve Annual Financial Report for Village for purposes of audit by members of the board. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Trustee Markiewicz made a motion to approve Annual Financial Report for Joint Youth Commission for purposes of audit by members of the board. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
OLD BUSINESS:
Mayor Spaeth reported to the Board that now that the environmental studies were completed at the Third Street parcel, it was time for the Board to decide what to do with the property. He stated there are three options that have been previously discussed:
- Use of the property by NCS for a Bus Garage or Tennis Courts: Mayor Spaeth reported he has discussed this with the school and they had no interest in the property unless it was for a Bus Garage.
- Use of the property for recreational facilities: Mayor Spaeth stated that during many of the comprehensive plan meetings, it became evident that the public would like to see tennis courts and/or pickle ball courts built. The property could be maintained by the Village for that purpose.
- Put the property on the Market after appraisal: Mayor Spaeth stated that the property could be sold as one or two building lots which would put it back on the tax roll in addition to generating revenue through the sale of the property.
Mayor Spaeth stated he felt that the public information session scheduled for the next meeting regarding the Comprehensive Plan would be a good time for the public to voice their input in what happens to the property. Trustee Markiewicz asked Dennie Poulin, an abutting neighbor in attendance, how he would feel if there were tennis courts next door and he stated he was fine with that.
Mayor Spaeth stated that Treasurer Matthews let him know that the software the Village has been using since 1998 will no longer be supported by the vendor in the near future and the Village will have to invest in new software. Mayor Spaeth reported the approximate cost of new software is $ 38,000.00. He stated that it would provide many more efficiencies allowing for tax collection in addition to water and banking modules currently used. He stated that the sale of the property could be used for the software purchase. After discussion, Trustee Markiewicz made a motion to obtain and appraisal of the Third Street property, as both a single parcel or two parcels. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
NEW BUSINESS:
Mayor Spaeth presented a request from the Library for trash cans to be placed at their Ice Cream Social on July 22nd. Trustee Markiewicz made a motion to approve the Library request. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth presented a request from the Civic Association to conduct their Second Annual Block Party on August 20th to benefit the Northville Fire Department. It was reported that Main Street would be blocked off from Bridge and Main to Main and Center from noon to 5 p.m. After discussion, Trustee Markiewicz made a motion to approve the Civic Association request. The motion was seconded by Trustee Ginter and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth made the following appointments:
Deputy Mayor – Trustee Ginter
Assistant Fire Commissioner – Steve Collins
Assistant Police Commissioner– Steve Collins
Joint Youth – Mayor Spaeth
Trustee Markiewicz made a motion to approve the appointments presented by Mayor Spaeth. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth reported that the September meeting will be held on September 12th at 7 p.m.
ADJOURNMENT:
There being no further business before the Board, motion was made to adjourn by Trustee Markiewicz, seconded by Trustee Collins and passed by voice vote with no one dissenting. The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Wendy Reu
Village Clerk
