Minutes of the Village Board Meeting held on February 22, 2018 at 7PM Present: Absent: Also Present:
Michael Queenan, Mayor Neil Crouse, Timothy Egan, Thomas Flood and Anthony Mickolajczyk, Trustees None Dennis Lindsay, Engineer, David Gordon, Special Counsel; Jonathan Lockman, Planner; Robert Weyant, Village Streets Superintendent; Jessica McClennan, Deputy Village Clerk; Maria Hunter, Planning Board
I. Public Hearing: a. Introductory Local Law 1 of 2018 – Water Quality Protection Overlay District: A public hearing was held to entertain public comments on Introductory Local Law 1 of 2018 amending Chapter 310 of the Village Code by creating a Subsection 31.4 entitled "Water Quality Protection Overlay District". The public hearing notice was printed in the Times Herald Record on February 13, 2018 and the following comments were received: Robin Crouse asked for a point of clarification on the definitions of "stream" and whether it means tributaries as well, both named and unnamed. Engineer Lindsay stated it does adding it includes all as shown on the NYSDEC meta-database and as identified in the regulations published by the NYSDEC. Mrs. Crouse then asked what the date of the plan was and Engineer Lindsay stated it is dated January 8, 2018 but he believes it has been updated since then. George Lithco, attorney with Jacobowitz & Gubits representing RD Management (Harriman Business Park), submitted a letter (printed at the end of these minutes) and highlighted some sections of his letter. Clerk Potvin noted written comments were also submitted from Michael Sterthous, attorney with Whiteman Osterman & Hanna representing the Village of Kiryas Joel; Joseph Agresta, Jr. representing Mercedes-Benz; Engineer Lindsay containing comments from Burke, Miele, Golden & Naughton, H2M and the Planning Board (all printed at the end of these minutes1). She also noted the County GML-239(l)(m)(n) review has been received. They state they have found no evidence that significant inter-municipal or countywide impacts would result from its approval. They also commended the Village for taking active steps to protect vital water resources through the use of a comprehensive zoning tool. Attorney Gordon stated he has reviewed some of the written comments that were received in advanced. He will review them more closely and communicate with those individuals to discuss their issues/concerns. Planner Lockman stated this law has a long history in this community going back to the 2011 Comprehensive Plan. His firm proposed a law several years ago and for some reason it was shelved, perhaps due to other issues having more priority. This law is needed to protect the drinking water supply. He also stated he feels that if the consultants meet with the attorney from the Village of Kiryas Joel all can really come together. With no further comments received, a motion was offered by Trustee Flood, seconded by Trustee Crouse, to close the public hearing. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 Mayor Queenan stated the Board and its consultants will review all the comments received and the law may be amended, which will most likely result in a different public hearing being held. 1
Exhibits contained the letter from Mr. Sterthous are not included in these minutes as they were two versions of the proposed law with the public notice and Lead Agency notification
Village Board Minutes
February 22, 2018
II. Administrative Business: a. Acceptance of Minutes: Motion was offered by Trustee Egan, seconded by Trustee Mickolajczyk, to accept receipt of the minutes of the meeting held February 8, 2018. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 b. Approval of Abstract: Motion was offered by Trustee Mickolajczyk, seconded by Trustee Crouse, to approve Abstract 18 containing vouchers 171577 - 171695 and totals $522,810.16. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 c. Increase “Building Permit Amendment” Fee: Motion was offered by Trustee Crouse, seconded by Trustee Mickolajczyk, to increase the fee charged for "Building Permit Amendments" from $50 to $100 due to the amount of time and work dedicated to these applications. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 d. Update to Fire Department Roster – “Active” to “Inactive” Status: Motion was offered by Trustee Mickolajczyk, seconded by Trustee Egan, to change the status of the following individuals from "active" to "inactive" with the Fire Department effective immediately: John Jones, Brandon Sieczkowski, Scott McClennan III, Christopher Jenne, Aidan McPartland, Fady Azzer, Charles Edwards Sr., William J Herbst, William Herbst and Ronald Presti. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 III. Old Business:
There was no old business to discuss.
IV. New Business: a. Schedule Public Hearing – Introductory Local Law - Opting Out of Energy Exemptions: Motion was offered by Trustee Egan, seconded by Trustee Flood, to schedule a public hearing to be held at 7PM on March 8, 2018 on Introductory Local Law 2 of 2018 amending Chapter 277 of the Village Code entitled "Taxation" to opt-out of the exemption for solar, wind, farm waste and other energy systems pursuant to §487 of the NYS Real Property Tax Law. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 b. Schedule Public Hearing – Introductory Local Law - Tax Cap Override: Motion was offered by Trustee Egan, seconded by Trustee Flood, to schedule a public hearing to be held at 7PM on March 8, 2018 on Introductory Local Law 3 of 2018 entitled "Tax Cap Override" to authorize the Village Board of Trustees to override the property tax cap, as defined in Section 3-c of General Municipal Law for FY2018/19, if determined to be needed. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0
Village Board Minutes
February 22, 2018
V. Public Comment: Rey Hernandez asked for clarification on the building permit amendment fee approved this evening, specifically what does it mean for the public that may not know what an amendment is. Trustee Flood stated it is a fee that is charged when a building permit is being amended. Mr. Hernandez stated he did not think the letter from the Building Inspector was clear, asking if it was for commercial or residential applications. Mayor Queenan stated the increased workload has been mostly for projects but applies to all applications. Mr. Hernandez stated he feels this is an added tax being imposed upon the residents of the community. Trustee Flood stated that is not the case, it is only for individuals that are applying for an amendment to their building permit. Mr. Hernandez stated he does not think a person should be charged for an amendment - citing an example of if they have an application for a pool and want to add a deck. Clerk Potvin stated that would actually be two separate building permit applications, not an amendment. Mr. Hernandez then asked about public comment procedures discussed at the January 11 meeting. He asked if there has ever been a discussion to move public comment to the start of the meeting to addresses concerns regarding items that are on the agenda prior to the Board voting on them. He does not understand how the Board can act on any issue prior to soliciting public comment first. He added the Town Board has begun this practice and feels the Village Board should do the same. Mayor Queenan stated any individual can contact any Board member about any agenda item or any issue and that there is no need to wait for a meeting to do so. He added public comment is not a requirement and the Village Board allows it for any topic the public would like to speak about, unlike the Town Board that restricts it solely to agenda items. Trustee Flood added the public is always encouraged to come and attend the meetings. Mr. Hernandez stated while he was campaigning for his wife last year many residents told him they felt the public should have the opportunity to speak on agenda issues prior to the Board voting on them. Trustee Flood and Trustee Egan stated during their campaigns over the last eight years not one of the thousands of residents they spoke to ever stated this concern. Trustee Egan added that he was intrigued with the idea but has concerns about it turning into a quasi-public hearing, which would be illegal. He is open to obtaining public comment on any and all item but added the Board members were elected to make decisions on behalf of the public, which they do. He further noted the members of the Board were elected for their judgment and for the things they promised to accomplish during their campaigns. Trustee Mickolajczyk asked Mr. Hernandez if he felt public attendance would be better if this policy was enacted and Mr. Hernandez stated he thought it would be, which the Village Board disagreed with. Mayor Queenan noted again that all Board members are available to discuss any issue at any time and that there is no reason to wait for a meeting to do so. Mr. Hernandez stated he has an issue with the Board voting on issues without hearing the public's comments first. He again stated he feels the Village Board should follow the policy of the Town Board and have public hearing at the start of the meeting instead of at the end. Mr. Hernandez was informed that if the Village Board followed the Town Board's policy then this discussion would not have been permitted as it was not an agenda item. VI. Adjournment: With no further business to discuss or comments received, a motion was offered by Trustee Flood, seconded by Trustee Mickolajczyk, to adjourn the meeting at 7:50PM. ADOPTED AYES 5 Queenan, Crouse, Egan, Flood, Mickolajczyk NOES 0 Desiree Potvin, Village Clerk
Village Board Minutes
February 22, 2018
Village Board Minutes
February 22, 2018
Village Board Minutes
February 22, 2018
Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
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Village Board Minutes
February 22, 2018
Village Board Minutes
February 22, 2018
Village Board Minutes
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