The Regular Meeting of the
Town Board of the Town of
Those present were:
Thomas Breiten Chairman
George Tucker Councilman
Bill Michaels Councilman
Nancy Iversen Councilman
Others Present:
Pamela Deane Town Clerk
Margaret McGown Town Attorney
Sal Furnari Zoning Enforcement Officer
Chairman Breiten called the meeting to order. He asked that everyone please rise for the Pledge of Allegiance and to remain standing for a moment of silence in remembrance of Town Councilman Leslie Weir and County Representative Charles Bateman, both of whom recently passed away suddenly.
MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the June 8th minutes as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed correspondence he received since last meeting.
Chairman Breiten announced asking some of the Planning Firms why they did not respond to the Town’s Comprehensive Plan RFP. Some stated that they didn’t have enough time and others felt the budget amount mentioned in the RFP was not enough for the amount of work requested. It was the consensus of the Board to allow Chairman Breiten to resend the RFP’s allowing more time for a response.
Chairman Breiten opened the floor for comments.
Fly Creek resident Wayne Clinton wanted the Board to be aware of a complaint he filed with Zoning Enforcement Officer Sal Furnari. The complaint is directed at his neighbors, Don and Gail Olin, whom he says are living in an RV on their hamlet property. He presented the Board a copied list of alleged violations which the Board reviewed.
Don Olin asked for a copy of the complaint, which the Board gave him. He stated that a violation notice was issued and they were scheduled to appear before the Zoning Board of Appeals next week.
Chairman Breiten stated that the Town Board meeting was not the forum to discuss code compliance issues concerning the Zoning Enforcement Officer’s job performance.
Ann Geddes-Atwell, also a resident of Fly Creek, felt it was better when the Town had their own Code Enforcement Officer. She’s concerned that projects are not being inspected now that the Town has turned the Building Code Inspections over to the County.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $24,696.91 General Checking: $ 35,722.69
Highway Savings: $40,990.29 Highway Checking: $ 69,867.01
Certificate of Deposit: $1,100,000
Chairman Breiten stated that he received the remainder of
engineering expenses reimbursement ( about $45,926.00)
from the State for the
MOTION by Councilman Michaels, seconded by Councilman Iversen to accept the Financial report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Michaels, seconded by
Councilman Iversen, to pay the following invoices:
GENERAL: #140-#159 $ 21,179.18
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten stated that he noticed after reading ZBA minutes that they are reviewing applications for the first time and holding a Public Hearing for that same application all on the same night. Breiten consulted with the Association of Towns who confirmed that, by law, the ZBA members must first deem the application complete and by a majority voted schedule a Public Hearing. Chairman Breiten will notify ZBA Chairman Tony Scalici of the correct procedure.
Zoning Enforcement Officer’s report was given by Sal Furnari. Sal reported giving three (3) site visit approvals since last month. Sal also stated that he is finding more and more sections of the Land Use Law unclear. The most recent problem is with the Olins who are living in an RV on a 1-acre lot in the hamlet. The law states that mobile homes are not allowed in the hamlet. Is an RV considered a mobile home? Secondly the lot the RV is located on has a house being built on it. The Land Use Law states that you are allowed one dwelling on a 1 acre lot in the hamlet. Does the RV count as a second dwelling or does it count as one dwelling because the house has not completed or is the RV not count as a dwelling?
Chairman Breiten agreed that in order for the Land Use Law to hold up in court it needs to be clear and the Board should consider amending that portion of the law.
Sal asked, if it is determined that a violation does exist, does the Land Use Law state anywhere how much time an individual is given to correct the violation?
Attorney Margaret McGown stated that the law leaves it up to the discretion of the Zoning Enforcement Officer to determine the date and time the violation is to be corrected. She went on to explain that anyone challenging a violation either with the court or ZBA is given stay.
MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Zoning Enforcement Officer’s report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Superintendent of Highway report was given by Chairman Breiten in Louie (Spike) Boyd’s absence. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 271.8 $ 465.87 1,051.1 $ 1,637.85
Diesel 1,628.0 $ 2,943.98 10,838.5 $18,289.43
Heating 136.1 $ 248.38 6,522.29 $10,470.01
Svc. $ -0- $ 500.95
Councilman Michaels stated that the highway building
committee reviewed 6 engineering firm RFP’s and they recommended that the Board
select Clark Patterson Associates (CPA) to do the feasibility study and design
of a new highway building for the
MOTION by Councilman Michaels, seconded by
Councilman Tucker, to hire Clark Patterson Associates to conduct the
feasibility study and design of a new highway building on the
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Superintendent of Highway report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
After some discussion it was decided that Chairman Breiten will negotiate the terms and cost with John Martin, contact person with CPA.
Chairman Breiten reported explaining to Joe Middleton,
representative at Bassett, that Bassett’s parking lot never had Town Planning
Board approval. The approval they just received from the
Chairman Breiten announced that Councilman Weir’s vacancy will be filled by the November election.
After some discussion it was decided that the Board would seek to fill the vacancy for the remainder of the year by advertising the position and interviewing interested applicants on August 10th before the regular meeting.
Councilman Michaels proposed that the Board schedule a Public Hearing for the proposed Land Use Law changes addressing Health Care Facilities and Storage Units.
After discussion a Public Hearing was scheduled for both Health Care
Facilities and Storage Units on August 10th at
Fly Creek resident Jim Atwell informed the Board that only
Commissioner Mark Weir and Treasurer Betty Staffin and 60 residents attended
the Fly Creek Fire Commissioners’ meeting that was scheduled for
MOTION by Councilman Iversen, seconded by Councilman Tucker, to go into Executive Session to discuss union negotiations.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Iversen, seconded by Councilman Michaels, to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Tucker, seconded by Councilman Michaels, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Meeting ended at
The next regular meeting will be held on
Respectfully Submitted
Pamela Deane
Town Clerk