October 19, 2021 Regular Meeting Minutes
REGULAR MEETING – VILLAGE OF NORTHVILLE
Tuesday, October 19, 2021
The Village Board met Tuesday, October 19, 2021 at 7:00 PM
Present: John Spaeth, Mayor
Steve Collins, Trustee
Sue Eckert, Trustee
John Markiewicz, Trustee
Sue Sedon, Trustee
Absent:
Wendy Reu, Village Clerk
Nathan Matthews, Treasurer
Dan Reidell, Highway Superintendent
Public Attendance: Mike Warner, Ken Adamczyk, Evan and Debbie Lessick, Jane and Don Ferguson, Bill and Laurie Gritsavage
Mayor Spaeth called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited.
Motion to approve the minutes of the September 21, 2021 Regular Meeting was made by Trustee Eckert, seconded by Trustee Sedon, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
PUBLIC COMMENTS – Bill Gritsavage addressed the Board regarding his concerns over the Village not opting out of cannabis law. He stated he was not here as a Town Board member but as a citizen. He stated that the Town Board voted 5-0 to not allow it for the time being. He respectfully asked the Village to opt out as they don’t know enough about it. He asked if the Trustees did their research. He urged the Trustees to do a little research. He stated he doesn’t think we are that desperate for sales tax money.
Laurie Gritsavage asked the Board if they thought about the impact on parking and traffic. She asked if whether neighboring towns around us are participating or not as that would make an impact on the Village as well. She stated you can’t have an open beer can on the street yet you can smoke marijuana on the street.
Don Ferguson stated it was strange that everything comes down to the dollar. A few bucks here or there will lead to the wrong thing.
Ken Adamczyk stated there is already a whole lot of weed here now, being sold illegally at a lot of homes around the area.
Jane Ferguson asked if there was going to be enforcement for the illegal activity. She stated we should be looking at creative ideas to make money other than bringing a pot shop to town.
At 7:45 p.m., Mayor Spaeth asked the Board if they wanted to continue with open session or close public discussion. Trustee Collins made a motion to extend public discussion period for 15 minutes, ending at 8 p.m. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth stated he was absent at the September meeting but it came to his attention that there is a lot of misinformation out there about the law as it stands. He stated this Board understands what is in the law. He stated the entire law is 128 pages and that there are a number of items in that law that address personal use and allows personal cultivation. He stated that as of April 1, 2021, use of marijuana over the age of 21 has been legal due to the legislation signed by Governor Cuomo and we have no control over that. He reported that there are eleven different licenses that the State will be issuing ranging from cultivation to retail sales. He stated that we have no control over nine of these license types. We cannot opt in or out of these nine license types. He stated there are only two that we have the opportunity to opt in or out of. He stated that in the 128-page law adopted by the state, most of the controls are already identified in the document. He gave examples, stating that licensed operations must be 500 feet from schools and 250 feet from churches. He stated that multiple licensed operations cannot be in the same building. Trustee Sedon stated that they cannot be located in a building that is mixed residential and that they cannot be located in a building that sells alcohol. Mayor Spaeth stated that the Village will be amending their zoning to limit dispensary or on-site consumption facilities to the commercial district. He stated that the market is going to be very competitive and with limited licenses across the State, he felt we would be lucky to even get one business of this type in the Village. Mayor Spaeth stated that the Board had previously discussed that a business of this type would be zoned similar to the Adult Use businesses. Trustee Sedon stated that a dispensary or on-site consumption facility could be addressed through the zoning we currently have but we have nothing in place to address cultivation and felt that those areas needed to be addressed. Mayor Spaeth stated that this Board has done their research. They have been provided with lengthy documents and webinars from NYCOM and he feels we do have adequate information to make a reasonable decision. Trustee Eckert stated that not one person she has come in contact with in the public has an issue with it. She stated she feels commerce is good. She stated that with the law adopted by NYS on April 1st, you can light up a joint and walk along the street, same as going to a bar and having a drink. She stated that the license fee for a dispensary is $ 250,000.00 alone. Trustee Eckert asked Mr. Gritsavage how many people attended the Town’s public hearing and he responded they had one person. Trustee Sedon stated this decision wasn’t all about the tax revenue. She stated it was about business opportunities, whether it was retail or agricultural, along with job creation. Mayor Spaeth stated that one reason many towns are opting out is because they aren’t structured the way villages and cities are. He stated that towns, if they have zoning, don’t have an identified commercial district. He stated that in a village such as ours, zoning prohibits retail outside of our commercial district. He stated for that reason, it would be difficult to control at the town level without further development of a commercial district.
Jane Ferguson stated it would be better to attract new businesses instead of a pot shop.
Trustee Collins stated that even if we opt out, there are more issues we have to deal with regarding cannabis, such as cultivation. He continued to state that no matter what we do, people can still consume cannabis in the village and eventually possess up to a certain legal limit as well, along with personal cultivation.
Debbie Lessick stated she noticed many vaping/tattoo shops in Gloversville and it is disturbing to her. She feels there are too many of these types of places in town. Trustee Sedon stated that she considers tattoos an art form.
Mayor Spaeth stated that we all know there are some vacant buildings in our commercial district that need attention and would benefit from an investor coming in. He stated the Village has been working with CRG trying to find buyers for these properties. He stated that anyone that has $ 250,000.00 to obtain a license for a cannabis dispensary or on site consumption facility, could buy one of these structures and revitalize them. Mayor Spaeth stated that based on proposed zoning changes the Board has discussed and the restrictions issued by the State, there is only a small block area along North Main Street where a business of this type could be located.
Evan Lessick stated that if an investor is paying $ 250,000.00 for a license and buying a building to potentially rehab, he’s looking at a million-dollar operation. He asked what kind of volume would they need and where would these people be coming from.
Ken Adamczyk stated that a medical marijuana plant has reached out to CRG in terms of economic development. He stated that Northville would not be a place where anyone is going to invest a million dollars on a facility of that type. He stated that those types of operations are going to more densely populated areas such as Saratoga. He stated that in our county alone, there are two federal opportunity zones. He stated that this area is not going to be a high priority area for these businesses.
Mayor Spaeth stated that the public present has heard a lot of discussion from the Board and asked each Board member if they wanted to add anything further. Mayor Spaeth stated that he has already voiced a lot of his reasons for voting as he did. He stated that he sees the potential economic opportunities and although he has never used marijuana, he doesn’t have a negative connotation toward it.
Trustee Eckert stated we are not legalizing it, it is already legal. Even if we opted out, people are still going to be purchasing it somewhere else and using it in the Village.
Trustee Collins stated that illegal sales in the Village are already occurring. He stated that there are increased incidents of drugs of all kinds, especially marijuana laced with fentanyl. He stated he feels that legal sales will push down illegal sales. He stated that with legal sales, there is a guarantee the product will not be laced with something. He stated this was similar to alcohol.
Ken Adamczyk thanks the Board for the discussion.
Mayor Spaeth thanked the public present for their input and while there were some disagreements it was a respectful, civil conversation.
REPORT OF COMMITTEES:
Police – Trustee Collins reported that the Police committee met two weeks ago with Supervisor Groff. He stated Jim was going to get with one of his contacts to discuss personnel staffing concerns. He stated there was discussion on whether we could dissolve the current department and ask for resignations and then rehire individuals when we reorganize. Mayor Spaeth stated we will set up a new procedure, hours, and pay rate. He stated that we might have a few officers who won’t want to work the hours that we assign. He stated that right now, we don’t have local authority over them and that is where having a local police chief which will make supervising them locally easier. Trustee Collins stated the committee discussed potential patrol schedules, potential pay scales and ways to attract officers. Mayor Spaeth stated we have identified issues within our police force and we need to get better enforcement which is another reason to make changes in the department.
Streets – The DPW report was read and is on file at the Clerk’s office. Mayor Spaeth reported that the crew was wanting to continue the 10-hour workday schedule. Trustee Markiewicz made a motion to approve continuing 10-hour work days with Fridays off. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
DPW Superintendent Reidell reported that the ’97 dump truck was not needed anymore and he was requesting to list it on Auctions International. Trustee Eckert made a motion to declare the ’97 dump truck as a non-necessity and list it on Auctions International. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
DPW Superintendent Reidell also requested to list the old curb forms on the auction site as well. Trustee Collins made a motion to declare the old curb forms as a non-necessity and list it on Auctions International. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth reported that he and DPW Superintendent Reidell have a meeting with the Town of Hope Supervisor next week to discuss an intermunicipal agreement pertaining to use of their truck for commercial garbage hauling.
DPW Superintendent Reidell asked the Board to consider one way traffic into the Waterfront Park. He stated that leaving the parking lot by the Village Scoop is dangerous and that one way in, via that driveway and exiting by the driveway south of the firehouse would be safer and alleviate many traffic issues. Mayor Spaeth stated that as it is a driveway and not a road, we can change it easily, without having to amend a local law. Trustee Markiewicz asked if the business people would be affected and whether they could still utilize it. DPW Superintendent Reidell stated he had discussed it with the business owners. Trustee Sedon asked if the fireman were okay with it. DPW Superintendent Reidell stated that is listed as our ROW going into the parking area. Mayor Spaeth stated we should look at what we need to do to make this happen. After discussion, Trustee Collins made a motion to establish the entrance under the trailhead archway one way into the park. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth stated that the traffic survey the Board authorized was completed and a report was compiled. He stated there was substantial data reported which included counts, accident history, and line of sight issues, and based on all the information, changes to the current traffic signal at that intersection was not warranted. The report did indicate there was a site line issue going north from Bridge Street and it was felt that we should move the current no parking sign one more spot back at that intersection, which equates to 20 feet. After discussion, the Board felt they should proceed with moving back the no parking area north of Bridge Street along Main. The Clerk informed the Board they would need to amend the Local Law to move the parking back 20 feet.
Water – It was reported that usage decreased from 3,291,000 gallons in September 2020 to 2,659,000 this year. Water testing and operations were normal.
Mayor Spaeth reported we have five customers who have yet to replace their current water meters with radio read meters. He stated the Board had made a decision to add a $ 200.00 surcharge to those accounts who failed to complete the meter replacement by September 30th. He stated the Clerk was informed by one of the customers that she contacted Allen and Palmer prior to the September 30th deadline but the meter could not be installed until the deadline expired. Mayor Spaeth stated this was confirmed by the Clerk. As bills are being run for the November cycle, it was requested that the $ 200.00 surcharge be waived for this customer as she did schedule prior to the deadline. Trustee Collins made a motion to waive the surcharge for the customer who scheduled meter installation prior to the deadline. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth stated that it has come to our attention that there is a property on South Third Street that does not have any water meter at all. The house had been vacant on and off over the years and the Clerk recently discovered that there was never a meter assigned to that parcel. Mayor Spaeth stated that as our water billing system is structured, even if the house is vacant, a base charge is assessed to all the properties. After discussion, the Board agreed that a meter needed to be installed and gave a deadline of 30 days for that to occur.
Code Enforcement- The Code report is on file in the Clerk’s office. It was reported that 6 permits were issued in September. Mayor Spaeth stated that Robin Wilson, Code Clerk, is working diligently to catch us up on all the permits.
Mayor Spaeth presented the Board with an Intermunicipal Agreement with the Town pertaining to sharing services of the Code Clerk. He indicated that the Village support reimbursement rate of 10 hours per week as detailed in the agreement. Trustee Markiewicz made a motion to authorize the Intermunicipal Agreement with the Town as it pertains to sharing the Code Clerk. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Dog Control – No report.
Joint Youth – Ken Adamczyk reported a new AED was donated to the program. He stated that we will now have one for the beach full time and one for traveling with the camp.
Marketing – Trustee Markiewicz stated he and Trustee Sedon had a meeting with Ken last week. Ken brought the written presentation for the Board’s review. He reported that CRG has been working with the Town and Village on how to market Northville/Northampton and looking for any and all opportunities. He stated that one thing to be considered is hiring a joint Village/Town marketing person on a part time basis. He stated the documents he provided could be a guideline for moving forward.
Trustee Collins asked if CRG envisions that the recently announced museum project will have a large impact on community economic development and infrastructure development. Ken reported that there is definitely a need for more lodging/hotels in the area but those types of businesses won’t come until you have the infrastructure, such as sewer and water lines.
Ken stated that getting businesses into the Village is going to be slim due to no large vacant land masses within the Village lines. He stated that more development will occur in the Town but the Village will benefit from more people coming to the area. Ken did say that we will have to address the beach area. He stated that Northville is the gem of Fulton County and more people are beginning to realize that. Mayor Spaeth stated that the Woodward Lake Development will also have a big impact financially for the area.
LWRP- Mayor Spaeth stated they have worked through the closeout plan and it is anticipated it will be in their hand by the end of this month. He stated the next step would be the local consistency law to verify that our zoning and local laws support the plan and won’t get in the way of any LWRP planned projects.
Trustee Eckert asked if there was an update on the lighting project. Mayor Spaeth stated that for the past two and a half months, he’s been fighting with National Grid. As it stands now, all that is left to do is setting up closing date to buy existing lights. He stated that NYPA has purchased all new hardware and had a contractor ready but they can’t start the project until we own the lights. He stated that we are one of five municipalities that National Grid is doing this to. He reported that the NYSERDA grant got extended to December 31st. He has asked if that can be further extended but is waiting for information back.
Park Use Requests – No requests
PAYMENT OF BILLS
The monthly financial report was reviewed and bills to be paid from the General Fund in the amount of $ 62,481.77, from the Water Fund in the amount of $ 5,862.26, and from the Joint Youth Fund in the amount of $ 6.18 were presented for payment. Motion to approve payment was made by Trustee Markiewicz, seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
OLD BUSINESS:
Mayor Spaeth stated that, as a Board, many discussions were held over the last several months, including the discussion tonight, on the MRTA (Marijuana Legislation) and tonight is the night to decide our path forward. He stated that there is a process involved if the municipality chooses to opt out and time is running out if the Board wants to go in that direction. He also reminded the Board that no action is an action.
Trustee Markiewicz made a motion that the Village opt out of retail dispensary and on site consumption facilities as detailed in MRTA. There was no second to the motion and based on that, no further action to be taken by the Board.
Mayor Spaeth gave a report on ARPA Funds and how they can be used by municipalities. He stated that out of all the approved uses for the funds, the one that would be most beneficial was improvement of water systems. He stated we have talked about a number of things that we need addressed in reference to our water system, citing projects such as updating the well house and replacing valves/pipes in the streets. He stated in the coming months, we need to sit down and develop a prioritized list of projects.
NEW BUSINESS:
Mayor Spaeth informed the Board that for the past two years, we have been having issues with obtaining IT support. He stated we were working with a company that was not returning our calls. He stated are going to be interviewing with Adirondack Computers out of Mayfield and we have also opened communication with the school about sharing assistance from their IT person. Mayor Spaeth stated there is a current need to get new laptops up and running but long term, we need to do further work to separate our guest network from the municipal network.
PUBLIC COMMENTS: There was no further comment from the Public.
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 9:45 p.m.
Respectfully submitted,
Wendy L. Reu, Clerk
