and MASTER PLAN
UPDATE, AMEND ZONING ORDINANCE,
AND EXTEND
MORATORIUM PUBLIC HEARINGS
Gaines, NY November 1, 2011
A Regular Town Board Meeting and
Master Plan Update, Amend Zoning Ordinance, and Extend Moratorium Public Hearing
of the Town of Gaines, County of Orleans and the State of New York were held at
the Town Hall, 14087 Ridge Road, Gaines, New York on the 1st day of November
2011.
PRESENT: Bill Lattin ------ Supervisor
David
Kast ------ Councilperson
James
Kirby ------ Councilperson
Susan
Smith ------ Councilperson
Jean
Klatt ------ Town Clerk
Douglas
Heath ------ Council
EXCUSED: None
OTHERS PRESENT: Lisa Mannella, Carol Culhane, Dave Allchin, Henry Smith Jr., Marilynn Miller, Douglas Syck, MaryJo Syck,
Tibbs Ahlberg, Mary Neilans, Peter Toenneissen, Richard Ebbs, Guy Smith, Molly
Preston, Jennifer Stilwell, John Goslua, Jim Theodorakaus, Jerry Culhane
Supervisor Lattin called the
meeting to order at 7:30PM with the Pledge to the Flag.
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that the Gaines Town Board will conduct a public hearing to consider proposed amendments to the Town of Gaines Comprehensive Plan on November 1, 2011 at 7:30 p.m. in the Gaines Town Hall, 14087 Ridge Road, Albion, New York 14411. All persons wishing to be heard in favor or against the proposed amendments will be given an opportunity to be heard. Copies of the proposed amendments to the Gaines Comprehensive Plan are available for public inspection in the Town Clerk’s office prior to the public hearing.
Dated: October 21, 2011 Jean Klatt, Gaines Town Clerk
Supervisor Lattin opened the public hearing at 7:31PM with the reading of the legal notice.
Marilynn Miller presented the following letter to be entered into the record objecting to the
adoption of the Master Plan updates.
I am objecting to the adoption of the Comprehensive Master Plan for the Town of Gaines for the following reason: Section 272-a of New York State Law says (section 1(c):)"The development and enactment by the town government of a town comprehensive plan which can be readily identified and is available for use by the public, is in the best interest of the people of each town."; (section 1(e):)"the participation of citizens in an open, responsible and flexible planning process is essential to the designing of the optimum town comprehensive plan." Section 6(b) states: "the board preparing the plan shall hold one or more public hearings and such other meetings as it deems necessary to assure FULL OPPORTUNITY FOR CITIZEN PARTICIPATION in the preparation of such proposed plan or amendment." The Department of State Office of General Counsel also states, "Defining a town, village or city's sense of place and its vision through a plan requires EXTENSIVE COMMUNITY INPUT. If the comprehensive plan is adopted pursuant to the above mentioned statutes, at least one public hearing is required during preparation and another one prior to adoption. Additional hearings or meetings ENSURE THAT ALL INTERESTED CHITZENS HAVE THE OPPORTUNITY TO PARTICIPATE."
As far back as September, October, and
November of 2010, the Chairman of the Planning Board is recorded in Planning
Board minutes asking the members of the Board for their input on the
Comprehensive Plan and, unfortunately, there was very little input coming from
the members. This should have been seized as an acknowledgement that the
search for input needed to be expanded and efforts to involve residents in the
process of drafting their own vision for the future of their town should have
begun. Instead, nothing was done to involve them.
It is my opinion that the Boards made only
a token effort to notify and involve its citizens in the drafting of this
Comprehensive Plan. One small legal notice was taken out in the paper to
alert residents of a single workshop being held to gather input for the Plan.
The expense to the Town of placing more advertisements was discussed at the
time as a reason to not be more aggressive in advertising the meeting, while
during the same time frame, the Town Board approved a motion to spend $500 of
Town money to help the Town of Albion put on a 15 minute fireworks display.
It is for these reasons I believe that passing this current draft of the
Comprehensive Plan is a travesty of Democratic government and a slap in the
face to the citizens of Gaines.
Sincerely,
Marilynn Miller
David Allchin asked if adding alternative energy products such as windmills or solar energy to a
property would raise property taxes.
The board agreed to look into the issues raised and address the Comprehensive Plan updates at a
later meeting.
With no further comments from the public the public hearing was closed at 7:47PM.
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that the Gaines Town Board will conduct a public hearing upon the proposed adoption of Local Law No. 5 of the Year 2011, entitled “Amending the Zoning Ordinance of the Town of Gaines” on November 1, 2011 at 7:45 p.m. in the Gaines Town Hall, 14087 Ridge Road, Albion, New York 14411. All persons wishing to be heard in favor or against its adoption will be given an opportunity to be heard. Copies of proposed Local Law No. 5 are available for public inspection in the Town Clerk’s office prior to the public hearing.
Dated: October 21, 2011 Jean Klatt, Gaines Town Clerk
Supervisor Lattin opened the public hearing at 7:48PM with the reading of the legal notice.
Carol Culhane addressed the fact that stand alone/ free standing solar units were in a past master
plan but did’t appear in this update.
David Allchin asked if free standing units would be allowed to sell electricity back to the grid. He also stated that there are three different kinds of solar units, roof top, stand alone, and free
standing.
Marilynn Miller questioned the set back requirements vs tower heights for Pond Aeration Wind Energy Systems.
With no further comments from the public the public hearing was closed at 8:03PM.
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that the Gaines Town Board will conduct a public hearing upon the proposed adoption of Local Law No. 4 of the Year 2011, entitled “A Local Law Extending the Moratorium on the Acceptance, Processing, and/or Approval of all Applications for Building Permits, Area and Use Variances, Special Use Permits, and Site Plan Approvals in the Town of Gaines as Provided in Local Law No. 1 of 2011”, on November 1, 2011 at 8:00 p.m. in the Gaines Town Hall, 14087 Ridge Road, Albion, New York 14411. The proposed extension of the moratorium is for a term of three months. All persons wishing to be heard in favor or against its adoption will be given an opportunity to be heard. Copies of proposed Local Law No. 4 are available for public inspection in the Town Clerk’s office prior to the public hearing.
Dated: October 21, 2011 Jean Klatt, Gaines Town Clerk
Supervisor Lattin opened the public hearing at 8:04PM with the reading of the legal notice.
Following a short discussion it was decided
that the moratorium should be extended.
With no further comments from the public the public hearing was closed at 8:09PM.
RESOLUTION 87 -11
LL#4 of 2011 EXTENSION OF MORITORIUM
On a motion
of Councilperson Smith, seconded by Councilperson Kirby the following
resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Lattin, Oakley
Nays 0
Resolved
that LL#4 of 2011 Three month Extension of Moratorium on the Acceptance,
Processing Permits, and/Approval of all Applications for Building Permits is
adopted.
RESOLUTION 88 -11
APPROVAL OF MINUTES
On a motion
of Councilperson Smith, seconded by Councilperson Oakley the following
resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Lattin, Oakley
Nays 0
Resolved
that the minutes of September 6th &20th, 2011 and October 11, 2011 meeting
are approved as presented by the clerk.
RESOLUTION
89-11
APPROVAL OF ABSTRACTS
On a motion
from
General
Councilperson Smith and seconded by Councilperson Kirby
Highway Councilperson Smith and seconded
by Councilperson Kast
Water Councilperson Kast and seconded
by Councilperson Smith
ADOPTED Ayes 5 Lattin,
Kast, Kirby, Oakley, Smith
Nays 0
Resolved
that the bills on abstract #11 will be paid as presented.
General Voucher #249 - #
262 in the amount of $ 69,137.70
Highway Voucher #106 - # 115 in the amount of $ 3,006.16
Water 1 Voucher # 45 - # 46 in the amount of $ 56,383.78
RESOLUTION 90-11
APPROVAL OF SUPERVISOR’S MONTHLY
REPORT
On a motion
of Councilperson Oakley, and seconded by Councilperson Kast, the following resolution
was
ADOPTED Ayes 5 Lattin, Kast, Kirby, Oakley, Smith
Nays 0
Resolved
that the August 2011 Supervisor’s Monthly report is approved as submitted by
the Supervisor Lattin.
RESOLUTION 91-11
MOLLY TOWER RESIGNATION FROM THE
PLANNING BOARD
On a motion
of Councilperson Smith, and seconded unanimously, the following resolution was
ADOPTED Ayes 5 Lattin, Kast, Kirby, Oakley, Smith
Nays 0
Resolved that the Town Board accepts the resignation of Molly Preston
very reluctantly and with great regret from the Planning Board effective
12-31-2011.
RESOLUTION 92-11
PURCHASE COMPUTERS, A SERVER, AND SECURITY
CAMERAS
On a motion
of Councilperson Kast, and seconded by Councilperson Oakley, the following resolution
was
ADOPTED Ayes 5 Lattin, Kast, Kirby, Oakley, Smith
Nays 0
Resolved that security cameras for the highway garage and new computers
and a server for the town clerk’s office will be purchased.
Attorney Heath informed the board that the Colonna house would be
applying for a building permit to do repairs needed after the vehicle ran into
their home. He didn’t think the board wanted to moratorium to stop the repair
of a home. The board agreed it was not there intention when putting the
moratorium in place to stop this kind of building permit.
Attorney Heath presented the board with three resolutions. Two Seqr
resolutions for the comprehensive plan update and LL#5 of 2011 as well as one
for a surplus water agreement with the Village of Albion for their review.
These resolutions will be addressed at a future meeting.
PRIVILEDGE OF THE FLOOR/PUBLIC
CONCERNS
None
RESOLUTION 93-11
EXECUTIVE SESSION
On a motion
of Councilperson Kirby, and seconded by Councilperson Smith the following
resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Lattin, Oakley
Nays 0
Resolved that the Town Board will enter into executive session at 8:48PM.
RESOLUTION 94-11
REGULAR SESSION
On a motion
of Councilperson Smith, and seconded by Councilperson Kast the following resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Lattin, Oakley
Nays 0
Resolved that the Town Board will return to regular session at session at
9:03PM.
RESOLUTION 94-11
APPOINT JAMES BELL ESQ AS SPECIAL
COUNCIL
On a motion
of Councilperson Oakley, and seconded by Councilperson Smith the following
resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Lattin, Oakley
Nays 0
Resolved that the Gaines Town Board will retain James Bell as Special
Council to prosecute a zoning violation case of The Town of Gaines vs. Timothy Ausmin.
With no
further business, on a motion from Councilperson Kirby and seconded by
Councilperson Oakley the meeting was recessed at 9:04 PM until November 29, 2011
at 7:30 PM.
Respectfully
submitted,
Jean Klatt
Gaines
Town Clerk