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Village Board MinutesMarch 21, 2007 (72) A regular meeting of the Village Board was held March 21, 2007, 6:10 PM in the CHS Auditorium, Oak St. Mayor Winslow called the meeting to order and led the Pledge of Allegiance. Roll Call: Trustees Denno, Densmore, Enekes & Lescault were present. Motion by Trustee Densmore, seconded by Trustee Denno
approved the minutes of regular meeting March 7, 2007 as typed. DEPARTMENT REPORTS TREASURER – Treas Fuller was present, report of 3/21/07 read & filed. Motion by Trustee Densmore, seconded by Trustee Denno
approved payment of abstract # 20: Payroll $39,686.66; General $49,224.34;
Water $144.70; and Sewer $1,290.14. Resolution #115 approved, budget transfers. OLD BUSINESS Paul Levine, attorney representing the Village in Philmet negotiations, explained some recent changes to the proposed agreements with Philmet. The agreements now contain releases for each side to not sue for things that have happened to date. The timing of zoning amendments in relation to the proposed Philmet project has continued to be discussed. The declaration has been modified to add additional protection for the Village regarding changes in energy source at the power plant. Atty Avigdor stated that the releases are advantages. Atty Avigdor commented that he had hoped for Philmet to acknowledge that our zoning is valid and the lack of this causes him some concern; but the agreement goes towards accomplishing what we have set out to do. Dr Starr, school superintendent, requested that the members of the public put their signs down. The school restricts signs regarding anything that is likely to be voted on publicly in order to keep the proceedings civil. Mayor Winslow referred to absentee letters regarding Philmet and the March 21 Board meeting that were mailed to residents or left at their homes. This information was not distributed by the Mayor or Village Board, but by private citizens. The Mayor and the Village Board did not initiate, approve or authorize the distribution of this information. The information that was attached to the letter was copied from the Mayor’s message on the village website, which is public information. Mayor Winslow noted that many people responded to those letters and he thanked them for making their opinions known to the Board. Mayor Winslow reminded everyone that this was not a public hearing, but that the Board wished to hear from the people. He then read the rules for public comment and asked that Village residents speak first followed by Town of Corinth residents and residents from other communities. At 6:35 PM Atty Avigdor was excused due to a prior commitment; he rejoined the meeting at 7:45 PM. PUBLIC COMMENTS, QUESTIONS & CONCERNS Atty Paul Levine answered numerous questions the public had about the proposed agreements including the section referring to industrial waste. Atty Levine pointed out that although the agreements do not exclude the possibility of industrial waste as a fuel source, Philmet would need to apply to the Village Board in order to use industrial waste and would have to prove with empirical evidence that it does not harm the health and welfare of the Village. The agreement does prohibit Philmet from using construction and demolition debris (C&D), other than clean woodchips, and municipal solid waste (MSW). The following people spoke urging the Board to pass the
zoning amendments and expressed their concerns with health problems and
pollution from the proposed operations at the Philmet facility. Mayor Winslow stated that the Board is in agreement that the new zoning amendment is good. The amendments will soon undergo SEQRA (State Environment Quality Review Act) and Saratoga County Planning Board review. The following people urged the Board to sign the agreements
with Philmet and spoke of the potential for job creation and lack of evidence
of potential pollution. Marion Morreale, Cty Rte 10, asked that the Board keep an open mind and not be misled by misinformation. Yvonne Melville asked about residency requirements of Board members and how a Board member living outside of the Village for over a year can still be a member of the Board. She asked that the Board member refrain from taking part in all Board matters. Atty Avigdor explained that he had done extensive legal research on the matter as well as spoken with Trustee Lescault privately and publicly in front of the Board. Where a person is registered to vote, the address they list on their income tax, the address on their driver’s license and a person’s intent are the main factors in establishing the concept of legal domicile. Trustee’s Lescault’s personal circumstances have caused her to take a job in the Town of Corinth which includes living quarters. Trustee Lescault has recently made an offer on real estate in the Village and is still in discussions concerning that real estate, she intends to remain a Village resident & return to the Village. Trustee Lescault is registered to vote in the Village, files her tax returns with an address in the Village and has a Village address on her driver’s license. The Board would be required to begin legal proceedings to challenge Trustee Lescault’s position on the Board. Based on her intent to return to the Village, and the case law concerning these issues, the Board does not choose to bring legal proceedings to remove her from office. Charles Brown of the Town Board spoke about his neutrality on the issues until they come to a vote on his own Board. He also stated that as a council member, he and some members of the Village Board have been told that unless they vote for these agreements they will be sued. Mayor Winslow stated that he had personally not been threatened and did not know where the threats came from. David Steinmetz, attorney for Philmet, spoke on behalf of Philmet about the proposed agreements. He stated that Philmet would like to build a plastics plant and needs a power plant to fuel it. Philmet has committed not to operate a landfill, not to burn MSW, trash or C&D. Philmet wishes to provide jobs and commerce. He stressed that no fuel source can be changed unless it is safe, non-polluting, and approved by DEC and Village officials. Mr. Steinmetz stressed that nothing in the agreements prohibits enacting zoning amendments. He asked the Board to vote on the agreements tonight. Mayor Winslow stated he would like to see the zoning acknowledged as valid in the agreements, Mr. Steinmetz stated he had not seen the new zoning proposals. Atty Levine pointed out that the amendment has been on the village website for months and only minor changes have been made since its posting. ADJOURNMENT Motion by Trustee Denno, seconded by Trustee Lescault that
Board adjourn to executive session to discuss pending litigation, 8:28 PM. At 10:07 PM the Board reconvened. Resolution #116 approved, authorizing Mayor to initiate SEQRA review of the proposed zoning amendment and to submit the amendment to Saratoga County Planning Board for review. Resolution #117 approved, authorizing mayoral signature on proposed agreements with Philmet with contingencies. Mayor Winslow thanked everyone for coming and expressed his feeling that this agreement was the best that would be offered. Mayor Winslow encouraged Philmet to build the plastic plant while the Board amended zoning. Trustee Enekes stated he felt that the Board should not sign the agreements without talking to the Town since they were a part of the agreement. Atty Avigdor stated the Town attorney was involved in the negotiation of the agreements. Motion by Trustee Lescault, seconded by Trustee Denno that
Board adjourn, 10:13 PM. Nicole M. Colson |
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