The trials of drafting a law to stop only a controversial project . .

DEVELOPMENT MORATORIUM TO BE REWORKED:

At Tuesday night's Springfield town board meeting, the board did not decide to adopt the moratorium the planning board has been working on, in hopes of slowing down town development before a comprehensive plan is created.

However, after a long, heated discussion between board members and the public, the board agreed to form a committee in order to continue working out glitches in the proposed moratorium.

Town Supervisor Tom Armstrong said the board would leave it in the hands of the committee, which will be made up of two town board members and two planning board members, to come up with something new for the board to hear in a few months.

"As it (the proposed moratorium) stands, it looks like a blank check and I cannot vote for it," said Councilman Richard Rathbun, who said he had difficulty understanding some of the language in the proposed moratorium.

For example, the proposed moratorium said the town would not approve any "unprecedented" projects.

Rathbun said he believed the word unprecedented could be interpreted to mean just about anything and needs clarification..

Posted by Joel Seachrist at 07:46 PM | Permalink

FISHKILL CONSIDERING LOCAL WELL TEST LAW:

The campaign to create a Dutchess County well-testing law is on its last legs, but efforts at the town level are just beginning.

Fishkill Supervisor Joan Pagones, in a 40-minute speech Wednesday evening, spent a few minutes affirming the town's support for the county law while pledging to pursue a town law, if necessary, to require tests for well contamination when homes are sold.

"This issue is not a partisan issue. It is a public health priority," Pagones, a Republican, said in her annual State of the Town speech. "County government exists to provide services that individual municipalities cannot provide. When that need is not met, municipalities must then step up and provide the service."

Sitting nearby during the speech were East Fishkill Supervisor John Hickman, a Republican, and Wappinger Supervisor Joseph Ruggiero, a Democrat. Both towns have faced water quality problems in recent years and could follow Fishkill in seeking town laws.

The new push follows County Executive William Steinhaus' veto last week of a countywide bill passed by the Dutchess Legislature. As a sort of prelude to the veto, Steinhaus sent letters in January to all the county's 30 municipal leaders suggesting they consider adopting well-testing laws appropriate to their communities, and he included sample legislation.

Posted by Joel Seachrist at 11:58 PM | Permalink

BIG FLATS TAKES AIM AT VACANT BUILDINGS:

The town of Big Flats will try again in the coming months to revive a controversial local law regarding vacant buildings -- but this time other towns will be watching the outcome.

The Town Board in late August was set to vote on a package of zoning law changes designed to implement the town's comprehensive master plan. But the town withdrew the proposals following stiff opposition by residents, business interests and property owners.

One of the provisions that drew the most heat was a proposed law that would give the town the authority to demolish any property that stood vacant for two years.

In response to sharp criticism, the town formed a committee to re-examine the vacant structures law, and find ways to make it more palatable. That committee is expected to wrap up its work and return to the board with recommendations as early as next month.

Southern Tier Economic Growth President George Miner, one of the most outspoken critics of the vacant structures proposal, said the new version will offer more exact definitions.

"There are buildings that are vacant that aren't abandoned. Their taxes are paid, their upkeep is maintained, they are actively marketed. That was a primary concern," said Miner, a committee member.

"If a building is abandoned, not being kept up, lawns not mowed, broken windows, things associated with nuisance building, taxes delinquent, they are looking to have some legal steps they can take, but also steps to provide services to that property owner to try to get building more marketable."

The proposed changes would establish certain guidelines that assessors and code enforcement officers would monitor once a building becomes vacant, Miner said.

Article 19-A of the Real Property Actions and Proceedings Law already allows a municipality to seize abandoned dwellings under certain conditions, in some cases even if the building is still occupied. A vacant dwelling is considered abandoned if it is not sealed or continuously guarded and either (a) the code enforcement officer has issued an order prohibiting occupancy of the dwelling, or (b) property taxes on the premises have gone unpaid for a period of at least one year. After some initial steps, the process requires the Town to obtain a court order to vest title in the municipality. The statute apparently is not often used, I suspect because it doesn't permit the municipality to levy and assess demolition costs against the property (i.e. its own property).

Posted by Joel Seachrist at 11:11 PM | Permalink

TOWN SETS NEW LAW TO CONTROL POLLUTANTS:

If town residents dump their grass clippings and leaves in the road by the curb, they'll be breaking the law.

The Town Board Wednesday night adopted a new local law that's aimed at keeping fertilizer, pesticides and other pollutants out of the town's creeks and streams. An inch or two of rain can wash those grass clippings and other yard debris into the stormwater system, said Jeff Manning, program coordinator. The federal and state governments are mandating the stormwater protections, which the board chose to adopt on a town-wide basis.

Illicit discharges under the law include 'trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants.' The law gives the town the authority to 'carry out all inspections, surveillance and monitoring procedures to ensure compliance.'

Posted by Joel Seachrist at 10:43 PM | Permalink

TIOGA COUNTY: PLANNING BOARD RECOMMENDS ADOPTION OF PROPOSED NICHOLS SIGN ORDINANCE:

Despite its having been declared unconstitutional by the New York Civil Liberties Union - which is the state arm of the American Civil Liberties Union - the Tioga County Planning Board Wednesday night gave the green light to the adoption of a proposed sign ordinance by the Town of Nichols.

However, the planning board recommended that the proposal be adopted by the town as a zoning amendment, and implemented according to the municipality's restrictions by zoning district, rather than as an all-inclusive local ordinance.

The proposal was declared unconstitutional earlier this month by the NYCLU, after a draft copy of the proposal was reviewed by NYCLU Attorney Beth Haroules, who said the U.S. Supreme Court has ruled that no “prior restraint” can be placed on sign messages, such as by the setting of permit fees.

She added that, although there have been no official rulings, the courts have also examined such ordinances and struck down such issues as time limits, setback requirements, and sign restoration requirements, all of which are contained in the proposed Town of Nichols measure.

“It (the proposed sign ordinance) has to be redone, because it cannot be adopted in its present form” Haroules said.

She added that the town was informed via a faxed letter Jan. 9.

“In our consideration, the (proposed) town's ordinance violates the First Amendment to the United States Constitution, and Articles I and II of the New York State Constitution, the New York state counterpart to the First Amendment,” she said in her letter.

Haroules nor any other NYCLU member was present for Wednesday night's session, nor was anyone from the Nichols Town Council. The only person who spoke was town resident Robert Goble, who said he though the ordinance was ill-thought-out and poorly written.

The gall of these people. Just ignoring the NYCLU like that. They even wrote a letter!

Posted by Joel Seachrist at 11:17 PM | Permalink

WOODBOURNE MAN GETS OFF THE POWER GRID WITH WIND GENERATOR AND SOLAR PANELS:

From the road, you can see a thin white tower, topped by a propeller, next to the ranch house on Budd Road. Just behind it, pointed southwest to catch the sun, are three panels of solar cells.

Jeff Ruhren built two wind generators himself. Now, he runs much of his house with wind and solar panels. The heavy-duty stuff — say, the refrigerator — is still on the grid. Ruhren heats the place with a pellet stove. But the TV and lights run on natural power.
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With gas and oil prices sky-high, a lot of people are wondering how hard it would be to convert to renewable energy. Ruhren has done it.
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Ruhren says he uses about 900 kilowatt hours of electricity per month total. With good sun and wind, he generates a third of that himself.

The Town of Fallsburg, which includes Woodbourne, doesn't have zoning on wind generators. Code officer George Sarvis said anyone thinking about wind power should talk to the local building department to check on requirements.

Ray Hull, a spokesman for the New York State Energy Research and Development Authority, said typically it costs $30,000 to convert a house entirely to solar power, and a little more for wind. State and federal tax incentives can return about half of the cost.

Systems like these will become more popular as time goes on. If your town wants to encourage them, be sure to examine your zoning code to determine whether it inadvertently prohibits turbine towers via generic height limitations. There are plenty of sample laws floating around the web if you need some ideas to start a comprehensive law that permits turbines, but still provides adequate safety and aesthetic protections.

Posted by Joel Seachrist at 11:10 PM | Permalink

GUN FOR EVERY HOME IN CHERRY TREE?:

The first amendment provides the right to bear arms, but should every household have a gun?

In one local borough, there is a push to do just that.

Citing that homeland defense begins in the home, Cherry Tree borough council member Henry Statkowski recommended every home in the borough have a gun, stock ammunition, and undergo firearm safety training.

Statkowski said his ordinance is only a statement. If passed, it would only be on the books. Owning a gun would not be mandatory, and the ordinance would only serve "to warn criminals."

Some residents said they're afraid if there were more guns around it would increase the risk of children being accidentally harmed or killed.

Other residents said they think it's a good idea.

Cherry Tree resident Robert Gray said, "If everyone owned a gun, then it would definitely a deterrent someone think twice."

The proposed ordinance was discussed at the November borough council meeting and was given to the borough solicitor for review. The proposal is scheduled to be on the agenda again at the Dec. 6 council meeting.

This ordinance is modeled after one recently passed in Idaho. If passed in Cherry Tree, it would be the first ordinance of its kind in Pennsylvania.

That won't be controversial.

Posted by Joel Seachrist at 01:17 PM | Permalink

WATCH WHAT YOU POST:

Taking on his latest quality-of-life issue, Southold Supervisor Scott Russell has pledged to crack down on illegal temporary signs within town borders.

At last week's work session and in a press release sent last Wednesday, the supervisor called for stiffer fines and penalties "to rid the town of violators."

"I want to provide a level playing field," he said by phone. "I have an obligation to other businesses. And when one person has the gumption to break the law, to break Town Code, there will be consequences."

Temporary signs, such as those used for real estate and political campaigns, do not require permits. Recently, however, Mr. Russell said he's noticed, and received complaints about, signs for national chains and signs advertising home auctions.

"I get dozens and dozens of complaints," said Southold code enforcement officer Ed Forrester. "The problem is the code, and I've read it 100 times, does not allow me to issue a ticket."

Amended in 1994, the 18-page section 280 of Southold Town Code comprehensively defines a variety of signs that are permitted and not permitted in town. "I'm guessing a whole lot of thought went into it," said Mr. Forrester, "but at that time they were dealing with large structures. Most of the complaints are about little cardboard or sheet metal signs. This code doesn't take that into account."

What Mr. Forrester can do about an illegal sign is send a certified letter asking the property owner to remove the sign within 30 days. If it is not removed, the town will do so and assess the cost of removal to the property owner. Problems arise when an illegal sign is posted in a place like the median of the North Road. "That's a county road," said Mr. Forrester. "Am I supposed to send a letter to Steve Levy?"

Amendments to the code should allow him to remove a sign immediately and to issue a ticket to the person who installed it, which may not be the landowner.

Posted by Joel Seachrist at 03:40 PM | Permalink

There's still time to revise your local law to administer the state building code before January 1, 2007, when the new regulations take effect. I've spent much of the last two days working on the laws for a few towns that haven't touched their laws since adopting the model law that circulated in 1985, and found that only a few major changes were required along with a host of small tweaks. If you want to start fresh or just need some model language, the Department of State has both the new regulations and a sample local law available here.

Posted by Joel Seachrist at 09:46 PM | Permalink

PERU COUNCIL EYES TOWN MANAGER:

The direction the beleaguered Town of Peru takes is now in the hands of its citizens.

Turmoil has been the tone in town politics since Supervisor Donald Covel took office in January. He and town councilors have been at odds over many issues, and daily activities have moved forward at a snail's pace.

That tempo took a dramatic upswing Monday night when Councilman Peter Glushko brought forward a plan that would initiate a town-manager form of government and significantly decrease the supervisor's responsibilities.
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By state law, Glushko explained, the town supervisor has two responsibilities: to serve as a council member and to act as the chief fiscal officer for the town.

"The other things he does are given to him as resolutions by the board," Glushko said.

"We're at the point now where we need to get somebody who is better trained, more capable and more efficient. A town manager would fit the bill nicely."

The town manager would be at the Town Hall on a regular basis and provide leadership and direction and carry out the duties dictated by the Town Council.

Posted by Joel Seachrist at 09:40 PM | Permalink

TOWN WANTS TOWERS TO FADE FROM VIEW:

The Town Board plans to add language to the cell tower ordinance requiring all towers to use stealth technology that hides them from view, protecting New Lebanon's mountainous scenery.

The town's sole tower, Nextel's 110-foot structure on Route 20, rises above the trees on the side of a hill facing the highway.

There's a tradeoff here in that camouflaged towers can't be built as high as regular towers, so more towers will be needed to provide coverage. There is also some legal question about a municipality's authority to force an applicant to build multiple sites where one regular tower would suffice. I suspect companies may balk at the town spending money like that for them.

Posted by Joel Seachrist at 06:45 PM | Permalink

NOISE PROPOSAL RAISING A RUCKUS:

Do you whistle while you work? Hoot when you holler? Beware.

Whistling and hooting in public along with singing, calling, yelling and shouting could land you in court if a proposed noise ordinance gets on the books in East Greenbush. But only if said activities are performed 'in a such a manner and for such a period of time as to be unreasonable under the circumstances.'

Some say the ordinance, which is open for public comment until Oct. 13, is just what the town needs. Others say the five-page draft is destined to cause problems.

Critics say the proposal includes details that would give a legal tool to folks who want to complain about their neighbors for doing any number of things, such as mowing their lawns or having a barbecue. They also say vague phrases leave it open for selective enforcement.

"I think it's subjective and I think it probably goes overboard as far as what we are trying to accomplish here,'' said Town Board member Richard Reilly.

The ordinance, which prohibits "unreasonable or unnecessary noise at anytime,'' lists the phonograph in a rambling list of devices one cannot operate.

The Town Board asked town attorney Joseph Liccardi to draft the ordinance because a few residents were consistently complaining about unrelenting noise makers in their neighborhoods.
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While Reilly worries that the ordinance could be abused by residents who have gripes with their neighbors, board member Dean Kennedy said the specifici ty of the ordinance which even addresses the shouting and crying of "hawkers and peddlers'' is beneficial because it covers all the bases.

"I think it's a good ordinance,'' he said. "It will only be used in extreme cases where there's an extreme amount of noise that's an annoyance.''

But Jeff Fogel, senior staff attorney for the New York Civil Liberties Union, said the ordinance is fraught with problems, starting with the exemptions churches, synagogues and schools are excluded from compliance with the ordinance in some instances.

Posted by Joel Seachrist at 09:32 PM | Permalink

COMPLAINT TARGETS PITTSFORD SIGN LAW:

The political signs law that the Pittsford Town Board adopted Tuesday may be challenged as unconstitutional.

The Empire State Consumer Association filed a complaint about the law Wednesday with the Genesee Valley Chapter of the American Civil Liberties Union.

"My concern is our First Amendment rights," said Judy Braiman, the association's president. She maintains that the town's law is a "restriction of free speech."

A Pittsford resident, Braiman was among the speakers at a public hearing on the proposed law that was conducted before the Town Board unanimously adopted a slightly revised ordinance. The law becomes effective Nov. 15.

The only major change made Tuesday night was extending the deadline for removal of the signs from two days to four days after an election or referendum, said Pittsford Supervisor Bill Carpenter.

Town officials decided to enact the law because of the out-of-control proliferation of political signs last year, Carpenter had explained.

Among the law's provisions are restricting the erection of signs to 45 days before the public vote, limiting the number of signs on a single property to two per candidate and restricting the size of the signs to 6 square feet.

Posted by Joel Seachrist at 09:29 PM | Permalink

SEX OFFENDER LAW ON COUNCIL'S MEETING AGENDA:

The Owego Town Council Tuesday will vote on whether to schedule a public hearing regarding a proposed sex offender ordinance.

The ordinance was developed by a committee of town officials, including Councilman Don Castellucci Jr.

Castellucci could not be reached for comment Friday night and further details on this proposed ordinance were unavailable as of press time.

The development of this new law is in response to what other surrounding municipalities have been putting in place over the last few months.

The City of Binghamton recently adjusted its sex offender law, which now states that both Level Two and Level Three sex offenders must stay at least a quarter of a mile away from schools, parks and daycare centers within the city.

Johnson City officials have also passed such a law, and the towns of Conklin and Union are discussing this issue as well.

“With all the local ordinances that are being passed in other municipalities, we have an obligation to protect our children and hopefully the children countywide,” Castellucci said in a previous interview with the Morning Times.

Posted by Joel Seachrist at 01:42 PM | Permalink

DRYDEN TO CONSIDER ALTERNATIVE ENERGY ORDINANCE:

A renewable energy ordinance up for a vote by the Dryden Town Board would be the first in Tompkins County to make zoning provisions for household wind energy.
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The provisions would be for small-scale business and residential solar and wind energy.

The ordinance came about after a Dryden couple's request to build a wind turbine behind their home was rejected.

Sumner said she wants to push the process along because residents and small businesses that add wind or solar equipment could benefit from a variety of incentives. Cash rebates cut the costs of installing wind or solar power, and there are 4 percent loans and other incentives through NYSERDA, the New York State Energy Research and Development Authority (www.nyserda.org or www.powernaturally.org).

The state — and, at least until 2007, the federal government — are offering income tax credits as well for those who install solar systems approved through NYSERDA.

Sumner said the town's zoning laws are exclusionary, meaning that with no provision to regulate wind turbines or other renewable energy, building permits could not legally be issued for solar or wind energy devices. But building permits are part of the documentation NYSERDA requires for rebates and other programs.
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Sumner and Kwasnowski said the law is careful to distinguish between wind power for household or small-business use and commercial or large-scale wind farms.

Posted by Joel Seachrist at 10:59 AM | Permalink

TOWN CONSIDERS PAY FOR PLANNING BOARD MEMBERS

The town of Otsego is considering a change of status for planning board members from voluntary to paid.

Town supervisor Tom Breiten said he had spoken recently with planning board chairman Jonathan Bass about compensating board members for what is becoming a more time-consuming and complex job.

Breiten said no decision has been made and that the town board has not discussed the proposal. The supervisor said if it is approved, he believed something in the range of $50 to $100 a month would be reasonable.

"Paying them for their time would remove one more impediment to getting good people to serve on the planning board," he said.

Breiten, who was a long-time planning board member and chairman before becoming supervisor, said there may be more work for planning board members once the revised comprehensive plan is adopted and the review of applications is more complicated and lengthy.

Posted by Joel Seachrist at 08:55 PM | Permalink

DEERPARK LAW CRACKS DOWN ON ATV'S:

ATV riders must soon heed a new town law or reach for their wallets.

The Deerpark Town Board recently adopted a law prohibiting ATV riders from using town property for recreational or sporting purposes. And, the law says, riders can only access private property with written consent.

The practical effect will be to make riding an ATV legally in Deerpark much harder, and it comes as several towns have considered broad restrictions
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Under the new law, town property can only be used to cross highways to access trails or private lands. The law will also include snowmobile riders.

Restrictions of use include: No operation of an ATV or snowmobile within 200 feet of any dwelling between 9:30 p.m. and 6 a.m.; a helmet and face goggles should be worn during operation and no operation of vehicles will be permitted in any open waters, streams or wetlands.

A penalty of up to $250 will be charged for each offense.
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Other provisions: Police will be allowed to impound a vehicle if they don't know the identity of the owner/operator, if alcohol use by the rider is suspected or if the rider is involved in an accident that causes death or injury.

Posted by Joel Seachrist at 08:47 PM | Permalink

TOWN COUNCIL ADOPTS KNOX-BOX LAW:

The Plattsburgh Town Council recently adopted a local law requiring Knox-Box secure key systems to provide firefighters quicker access to buildings in possible emergency situations.
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The systems are required for buildings with automatic fire-suppression or standpipe systems that are not staffed 24 hours a day seven days a week and those with automatic fire alarms.

Buildings that use hazardous materials or that are required to prepare emergency-services material safety data sheets or hazardous-chemical inventory forms are required to also keep pertinent documents stored in a document vault.

The law applies to commercial, industrial, multi-family residential, apartment, government, educational, nursing care, churches and other at-risk buildings.

It doesn't apply to owner-occupied one- and two-family dwellings or individual townhouse units. Those owners can elect to take part, though, by meeting with the town codes-enforcement officer and their district's fire chief.

Buildings required to install a system have one year from the effective date of the law, which takes effect once it is received at the State Records and Law Bureau at the New York State Department of State.
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Lamoy said the law also enables volunteer firefighters from the five departments whose districts are in the Town of Plattsburgh — Cadyville, Cumberland Head, District 3, Morrisonville and South Plattsburgh — to spend less time waiting for a key holder to allow access to buildings during a false alarm.

"Our volunteers spend an incredible amount of time training and responding to real emergencies. Any time we can get them back quicker to their families, back in bed, back to work or back to the dinner table is time and money well spent," Lamoy said.

According to a price list available on the company Web site, prices start at $189.

"The best part is the cost of a Knox-Box is really minimal," Lamoy said. "If a fire department had to break into a building just one time (instead), the cost of a Knox-Box would be paid for and more," Lamoy said.

Posted by Joel Seachrist at 11:31 AM | Permalink

TOWN BOARD APPROVES TERM LIMITS:

The Amherst Town Board voted, 6-1, Monday to establish term limits for elected officials.

The law was approved following a public hearing. Prior to the board vote, Councilman William Kindel introduced an amendment to exempt current office holders elected prior to the upcoming November election. Councilman William O'Loughlin voted against imposing term limits.

Once the law takes effect, elected officials will be able to serve no more than two terms.

Kindel said he did not believe in term limits and that he would prefer it be on the ballot for citizens to consider.

Supervisor Satish B. Mohan supported the move.

"Politics were not meant to be a career. Politicians after two or three terms end up working to be re-elected," he said.

Town Attorney E. Thomas Jones said state law does not require that such a local law appear on the ballot.

Posted by Joel Seachrist at 09:48 PM | Permalink

VESTAL TO VOTE ON SUPERVISOR TERM:

Voters will decide in November if the town's supervisor will hold the position for four years or two.

The Town Board voted 3-2 Wednesday to place the measure on the ballot in a referendum.

Supervisor Peter Andreasen initially suggested the measure, saying a four-year term would allow supervisors to complete projects started with the board members, who serve staggered four-year terms. Andreasen, who is almost eight months into the first year of his first term, has said a learning curve comes with the position. A four-year supervisor term, he said, would also establish continuity within the town's government.

Some councilmen, however, said a four-year supervisor term would depress voter turnout and rob voters of the ability to change their leaders.

Posted by Joel Seachrist at 03:31 PM | Permalink

BRIGHTON CURBS 'MCMANSIONS":

The Town Board took steps Wednesday night to further regulate "McMansions," in which older homes are demolished in established neighborhoods and replaced with much larger residences.

Board members unanimously approved a new law regarding demolitions and held a public hearing about a proposed law regarding construction. The construction proposal is scheduled for a vote during the next Town Board meeting, on Aug. 9.
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The demolition law passed Wednesday has four main components, said Public Works Supervisor Thomas Low:

- A public process now will be involved for "substantial demolition" of properties, including a public hearing before the Planning Board. The process formerly was done administratively. "Substantial demolition" involves 50 percent or more of a building.

- The town's Historic Preservation Commission will be informed of any planned demolition, and it would advise the Planning Board if the property was protected or under review for protection.

- The demolition would have to include a restoration plan and a letter of credit. "You can't just tear down a building and leave a hole in the ground, and say you'll return in a few months," Low said. The property owner would have to, for example, reseed the area with grass, but would not necessarily have to rebuild.

- The Planning Board now has site-plan approval for single-family homes on any existing lot.

Posted by Joel Seachrist at 03:27 PM | Permalink

PETITION SEEKS END TO "TUG IN THE MUD":

Jim Mueller, of Fabius, wasn't sure if the "Tug in the Mud" spectator on the motorcycle would make good on his threat to come back that night and burn his house down.

So Mueller slept that night, this past Memorial Day, with a loaded .22-caliber pistol in his nightstand.

"It's probably the worst feeling I've ever had in my life," he said of being threatened by a "Tug" fan who swerved at him at high speed and then came back to confront Mueller in front of his home. "No one should have to live like that."

Mueller and many other Fabius residents who live near Robert Miller's mud bog on Bardeen Road near Toggenburg Ski Center have had enough of the stuff that goes on there.

Twice a year for the past dozen or so years - on Memorial Day and Labor Day - hundreds, maybe thousands, descend on Miller's 47 acres to watch truck owners race their vehicles through a mud bog and have an outdoor party.

"People just like getting muddy and raising hell," Miller said. "There's no damage or harm to anyone else."

Local residents, and the Fabius Town Board, disagree.

The residents are determined to stop the Labor Day Tug, and all others.

To at least get control over such events, Fabius Supervisor Robert DeMore had town attorney Ron Carr draft a local law requiring a mass-gathering permit for events drawing more than 250 people.

Posted by Joel Seachrist at 08:41 PM | Permalink

SPENCER TOWN BOARD TOLD BY EPA TO FIX HIGHWAY BARN'S DRAIN SYSTEM:

The Spencer Town Board received an unpleasant surprise recently.

The Environmental Protection Agency (EPA) sent the town a registered letter saying the town highway barn on East Tioga Street is in violation of regulations because the floor drains do not meet anti-pollution standards for collecting fluids and solvents that drain off the trucks or are used by the highway crew. The EPA gave the board until July 14 to seal the drains and provide picture documentation of the sealing. The drains are believed to flow into a dry well, but no one knew for sure if there is a collecting tank of any kind.

Under pressure of a deadline three days off, the Spencer Town Board voted on July 11 to authorize Town Supervisor Arvo Rautine to hire a qualified engineering firm to investigate the current drainage system and come up with a remediation plan that meets EPA code. TG Miller recently did a similar job for the town of Danby, with a roughly $70,000 price tag. “This can get ugly,” said Town Supervisor Arvo Rautine. “We didn't budget for this expense.”

In the past, the town has talked about building a new barn for the highway department. That option may be discussed again, depending on the findings of the engineers. The new drainage system must separate oil and heavy metals from wastewater for the five drains, so the pollutants can be contained and then pumped out later for safe disposal.

Posted by Joel Seachrist at 09:42 PM | Permalink

AMHERST PURSUES TERM LMITS FOR ELECTED OFFICIALS:

Amherst lawmakers have dusted off an old reform idea - term limits for elected officials - in hopes of attracting votes and supporters in next year's Town Board elections.

By a 5-2 vote, the board set Aug. 21 as the date for a public hearing on a new law that would limit elected town officials to two four-year terms.

The measure must survive a public hearing and a final vote by the Town Board. But even the sponsor of the new law, Council Member Daniel J. Ward, seemed surprised that it passed at Monday's meeting.
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Under the proposal, Amherst's town clerk, highway superintendent and all seven board members would be limited to two, four-year terms. Those now serving would be allowed to serve one additional term, assuming they win re-election. That leaves the town's two justices, who are subject to other laws, Ward said.

Other municipalities with term limits include the Town of Tonawanda, Syracuse and New York City.
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In a second 5-2 vote, the board approved a proposal by Ward calling for term limits for all members of citizen advisory committees and agencies. Under the proposal, board and committee members would be limited to seven consecutive years in office.

Milan town officials are preparing to pass a law that will restrict the number of lots large landowners can place on their property.

Later this month, the Milan town board is expected to hold public hearings on a proposed rural space overlay, affecting parcels 20 acres or larger.

The overlay would allow large landowners to put one lot for every 10 acres. The lots could be clustered, depending on the agreement reached by the landowner and town planning board.

That maximum number could be decreased depending on land characteristics, such as the existence of wetlands and slopes. The overlay would require landowners to put 60 percent of the land into a conservation easement.

"The purpose is to preserve the town's rural character and resources and to maintain the rural density of the town," said Lauren Kingman, chairman of the Milan town planning board. "If we kept with our standard zoning of two-, three- and five- acre zoning, the build out in the town would be significantly higher."

The law would affect about 12 percent of all the parcels in town and about 65 percent of all the land, according to Kingman.

Posted by Joel Seachrist at 08:45 PM | Permalink

VOTERS TO DECIDE WHETHER TO GIVE UP VOTING FOR HIGHWAY SUPER:

The North Elba Town Board adopted a resolution Tuesday that will change the position of highway superintendent from an elected to an appointed position. The decision came after a public hearing.
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The board’s decision to change the way the highway superintendent is hired is due to the number of duties the superintendent now has, according to town Supervisor Shirley Seney. The current highway superintendent, Norm Harlow, oversees the airport as well as the roadways of both the town of North Elba and village of Lake Placid. Board members said during their regular meeting in June that the position needs to be filled by someone who can take on the added responsibility of other jobs outside of the highway department.

Harlow said he sees the point and the necessity of the change.

“The position takes someone with experience dealing with purchasing equipment and dealing with engineers,” Harlow said, citing the duties now performed by the highway superintendent as overwhelming for an elected official.

“I don’t doubt the voters ability but it’s a professional job and takes years of experience, and for someone to come in off the street and try to learn this stuff on the taxpayers dime-well that’s a big dime,” Harlow said.
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Eventually, the town and village hope to consolidate public service departments into a joint Department of Public Works, according to Seney. Changing the position of highway superintendent into an appointed position will make the transition into a DPW easier for the village and town, Seney said June 6.

This resolution will take affect when Harlow’s term ends in December 2007.

Posted by Joel Seachrist at 09:05 PM | Permalink

TIME WAS ON SIDE OF PARLOR:

The Fuller Road massage parlor that police say was run by illegal immigrants also offering sex acts for money has been raided twice in as many years -- a nuisance by most standard definitions.

But the sweeps came far enough apart -- a shade over 24 months -- to put the landlord well out of reach of the town's public nuisance law, a tool designed to crack down on problem properties.

Town officials have never used the law in the three years since it was passed -- a fact some say could be a measure of judiciousness rather than neglect.
...
The public nuisance law uses a points-based demerit system similar to what the Department of Motor Vehicles uses with drivers licenses.

If business or property owners accumulate enough points within 12 or 18 months, the town could close the premises or impose a fine or a jail term.
,,,
Nuisance abatement laws exist in cities and towns around the state, most notably in New York City, where they were used to crack down on gambling, drug use and prostitution.

Schenectady last month began trying to assert greater control over a controversial Union Street bed-and-breakfast that doubles as a hub for local swingers under its nuisance abatement law. Troy used its law to shut down the Eldorado last year, alleging numerous liquor law violations and chronic arrests at the Fourth Street bar and hotel.

Heider and Town Attorney Arnis Zilgme both cautioned that much depends on whether the property owner knew what was going on. They also stress the law's application depends a great deal on the individual circumstances of each case.

Posted by Joel Seachrist at 10:07 PM | Permalink

CHAMPLAIN ADDRESSES BURN BARRELS:

Fire commissioners don't want a repeat of this spring's rash of grass fires.

"I would bet you 75 percent of the fires this year were (from) burn barrels," John Filion told the Champlain Town Council at its June session. "It's usually the same ones all the time, and God forbid" somebody gets hurt.

Filion and Dr. John Southwick, both Champlain Fire District commissioners, presented a letter to the council asking that existing fire restrictions be emphasized and that further regulation possibly put in place.

Fire companies responded to numerous grass and brush fires throughout the North Country in March; over the course of just one week, Champlain Fire Department battled six, one of which destroyed a storage barn.

Most were touched off when breezes carried embers from burn barrels, which are not specifically banned under Town of Champlain law.

To do so, offered Joan Duquette of Clark Road, who attended the town meeting, wouldn't be fair.

"I don't feel it's proper to blame everybody for a few stupid people," she said.

Burn barrels are notorious for starting bigger blazes, said Filion, for the wind can so easily take a flaming bit of cardboard that ignites a dry field.
...

The commission requested the town ban all fires during the months of April and May, but Calvin Castine, recording the meeting for Hometown Cable television, wondered about that.

"Putting in April and May is kind of arbitrary," he pointed out. "Come the end of June, we could have a drought."

The town can declare a burn ban at any time of the year, noted Code Enforcement Officer Michael Tetreault Jr.

...

An existing regulation, found in the section of Town Code on burning solid waste, "is a very vague law," the code officer said after the meeting.

He'll be sending that wording to Thomas Murnane, attorney for the town, who will research burn laws in use around the area and put together one for the Town Council to consider.

Posted by Joel Seachrist at 09:38 PM | Permalink

TAX BREAK TARGETS NEW HOMES IN UNION:

While developers' proposals to build high-end homes have streamed into the Town of Union, the board wants to give them -- and nearly everyone who builds a new home on otherwise vacant land -- a property tax break for five years.

While the town touts the proposal as a way to encourage development, the idea has outraged existing homeowners. If people can afford to build expensive homes, then they can afford to pay their taxes, they say.
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At the town's request, state Sen. Thomas W. Libous, R-Binghamton, and Assemblywoman Donna A. Lupardo, D-Endwell, sponsored identical bills in each chamber that would make newly constructed single-family homes exempt from property taxes on a five-year incremental schedule.

Each municipality and school district within the town would have to decide if they want to participate in the exemption. If the Johnson City school district opted not to, for example, then owners of newly constructed houses within the district would not receive a break on school taxes.

According to Lupardo, the bills would apply only to Union because that is the only town that has requested the exemption. Other municipalities would have to request similar legislation to participate.
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According to the proposed legislation, newly constructed property with a purchase price greater than 150 percent of the New York State's mortgage agency limits won't be eligible, which would currently be about a $300,000 maximum.

Although Lupardo and Libous are sponsoring the bills, they may not favor them. When asked about the proposed legislation, neither would answer directly if they supported it.
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Although the bills were introduced about a year ago in both chambers, they've been sitting in committees since January and have not moved, Drew said.

McDonald said the tax-break proposal will not be a burden to existing homeowners because "the idea is to create a new assessment that didn't exist before." The plan should actually help "lower the taxes for the existing person," he said.

Posted by Joel Seachrist at 10:23 PM | Permalink

COUNCIL ADOPTS ADULT ENTERTAINMENT ORDINANCE:

What began with discussions approximately two years ago about the possibility of a local adult entertainment ordinance culminated Wednesday night with the adoption of such a law.

The adoption was unanimous in the absence of Council Member Matthew Kuhlman, and the four “yes” votes were cast by Councilmen Charles Quick, Kenneth Snowden and Horst Wagner, as well as Town Supervisor James Branston.

Action was taken during the regular meeting that followed a public hearing, at which time none of the seven people in the audience posed questions or comments.

“We've been through about six drafts, have reviewed and corrected it (the proposed ordinance), and a lot of people seem to have been under the impression that an adult entertainment center was coming to the town and we were looking for a place to put it,” Branston reported. “There was nothing to that; we just wanted to do our due diligence and make sure all our bases were covered.”

The local ordinance was officially adopted after the council, declaring itself the lead agency for the New York state-mandated State Environmental Quality Review Act, authorized Branston to sign a statement that the ordinance's adoption would have no negative environmental impact.
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In essence, Jacobs explained, the town board took into account numerous reports from other states that found the opening of adult entertainment centers tend to attract undesirable transients, causes an increase in crime, reduces population by encouraging business and residents to move out of the affected area, and blight the town.

The term “adult entertainment center” as set forth in the ordinance contains 18 separate definitions and states where such establishments may be placed.

Penalties are also specified, and violations are punishable by a fine of up to $350 and/or six months in jail.

A second offense committed within five years carries a fine of $350 up to $700 and/or six months imprisonment.

A third offense within five years carries a fine of $700 to $1,000 and/or six months imprisonment.

This article usefully outlines in its own way the process for adopting a local law, and an adult use law in particular, the major events of which are: conduct a secondary effects study, make the municipal zoning referral, hold a public hearing, adopt a negative declaration (usually), adopt the law, and file it with the Secretary of State. What struck me though is the sloppiness of the vocabulary: there are no "town councils" in New York, there are town boards; Nichols adopted a local law, not an "ordinance"; a SEQRA negative declaration states there are no significant adverse environment impacts, not that there are no negative environmental effects. No harm, no foul, but irksome (to obsessive/compulsive types).

Posted by Joel Seachrist at 05:51 PM | Permalink

As expected, the town has adopted a one-year moratorium on windpower projects to develop its regulations.

Posted by Joel Seachrist at 09:25 AM | Permalink

RHINECLIFF ADVISORY PANEL NEAR:

The Rhinebeck town board has finalized a plan to create a town-appointed neighborhood advisory council in the hamlet of Rhinecliff.

During a public hearing this week, Rhinecliff residents showed overwhelming support for the plan. Rhinebeck Supervisor Steven Block said the town board should be ready to vote on the law by next month.
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The nine-member panel would be appointed by the town board and discuss issues that directly affect the waterfront community. The council would then report its findings to the town board.

Changes that will be made to the proposed law include a smaller boundary line designating which residents are eligible to join and a provision that requires the group to meet at least once a month.

Posted by Joel Seachrist at 12:23 PM | Permalink

TREE REMOVAL FOR STORE TO YIELD FOREST FOR TOWN LOCATIONS:

Construction of the Target store at Transit and Losson roads in Cheektowaga is turning into a tree boon for the rest of the town.

Benderson Development Co., the developer, removed 588 trees from the site of the building and parking areas. Under the town's tree ordinance, the developer must replace them on a one-for-one basis.

Posted by Joel Seachrist at 08:12 PM | Permalink

ADULT-USE ZONES A HOT TOPIC in Saratoga County and elsewhere.

Posted by Joel Seachrist at 12:42 PM | Permalink

DEVELOPMENT FEARS PROMPT CALL FOR ZONING CHANGE IN LAKE GEORGE:

In the wake of a three-month moratorium on timber harvesting, the town is considering an amendment to its zoning code to regulate selective timber harvesting and clear-cutting.

The addition could prevent developers from clearing sites without adequate oversight under the guise of timber harvesting, only to put up roads or subdivisions later.

It also would protect soil and land and maintain views, according to a draft.

Recently, town officials have been concerned that timber harvesting could be a cover for plans for a subdivision.
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If this addition to the zoning code is approved, the town would regulate selective harvesting on parcels greater than one acre and clear-cutting of parcels more than 10,000 square feet.

If land is clear-cut for timber harvesting, the owner would not be able to apply to subdivide it for seven years.

Posted by Joel Seachrist at 05:59 PM | Permalink

TOWN ADOPTS A FILMING FEE SCHEDULE:

If you think of a town government as an average person like you, what happens when George Clooney calls and tells you he wants you?

You get all giddy and, with as much composure as possible, you reply. But because you're a town government and can't scream like a star-struck sycophant, you express yourself with the means you have: bureaucracy.

So it is, after several calls recently from filmmakers (one of whom was George Clooney, or at least "his people") and TV location scouts, the town has adopted its first film law and fee schedule.

A smart move for liability and to ensure the town isn't overrun by budding Scorseses looking for cheap locales, the law requires filmmakers to pay an application fee and be responsible for any police costs.

Recently, Clooney's people did inquire about filming some spots here for a movie. And scouts from the TV's "Rescue Me," starring Denis Leary, have been touring the town.

To shoot in Tuxedo, filmmakers will have to pay a non-refundable application fee, ranging between $250 and $1,000, depending on how quickly the crew needs to shout "Action!" A permit will cost $500 for filming on private property and $250 for filming on public land. Any police costs come extra. But if the film is for a nonprofit organization, the fee is only $50.

It's no coincidence that New York has seen an uptick in the number of movies being filmed here:

REELING THEM IN:

In recent years, the entire state - even New York City - had trouble attracting movie productions, especially with cities like Toronto offering lower costs.

But in 2004, the state began offering a 10 percent tax credit for film and TV production work done in-state. It's an incentive program many credit for creating a film industry boom in New York City and throughout the state

(Hat tip: UpstateBlog)

Posted by Joel Seachrist at 01:02 PM | Permalink

LAW WOULD BAN TRASH BURNING:

The town of Otsego will hold a public hearing next month on local legislation which would regulate the outdoor burning of garbage and rubbish.

Town board member Meg Kiernan said this week that she believes it is time regulate burning because of the danger it poses to public health and the environment.

Kiernan, who was elected to the board in November, said the issue had come up before, but never went anywhere. The new town board, she said, seemed more interested and willing to discuss the issue.

The proposed law bans the burning of rubbish, debris, trash or garbage in burn barrels, open pits, indoor or outdoor furnaces, incinerators and woodstoves. The law does not prohibit the legitimate use of indoor or outdoor fireplaces, woodstoves, furnaces, barbecue pits, or grills, or any burning for which a permit is obtained by the Department of Environmental Conservation or any other proper issuing authority.

Posted by Joel Seachrist at 07:45 PM | Permalink