AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA, DULY CALLED AND HELD ON THE 9TH OF OCTOBER, 2001, AT THE NISKAYUNA TOWN OFFICE BUILDING, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, AT 7 P.M. THE FOLLOWING MEMNBERS WERE PRESENT:
HONORABLE PATRICIA A. DONNELLY COUNCILWOMAN
WILLIAM R. CHAPMAN COUNCILMAN
LUKE J. SMITH SUPERVISOR
ABSENT SCOTT M. HORTON COUNCILMAN
LIZ ORZEL KASPER COUNCILWOMAN
Others present: Barbara Nottke, Deputy Town Clerk; Eric Dickson, Town Attorney; Amy Houlihan, Assessor; Frank Gavin, Superintendent of Highways; Richard Pollock, Superintendent of Water & Sewer; and Mark Sollohub, Chief of Police.
TOWN CLERK’S BUSINESS
The minutes of the Regular Meeting of August 21, 2001 and the Special Meeting of September 18 were approved by the Board.
PRIVILEGE OF THE FLOOR
When no members of the public wished to be heard, the Supervisor closed Privilege of the Floor.
Resolution 2001-241, appoints Joshua Walter to the position of Water & Sewer Maintenance Worker in the Water & Sewer Department effective immediately.
Resolution 2001-242, appoints Amy Houlihan as Assessor, for a term of office ending September 30, 2007.
Resolution 2001-243, reappoints Norman Hoffman as a member of Board of Assessment Review for a term of office to expire September 30, 2006.
Resolution 2001-244, reappoints Peter Tobiessen, to the Town Tree Council for a term of office to expire April 14, 2002.
Resolution 2001-245, calls for a public hearing on the Preliminary Budget of 2002, for October 23, 2001 at 7 p.m.
Resolution 2001-246, calls for a public hearing regarding the Budgets of the Water, Sewer, Drainage, Lighting, and Park District of the Town for 2002, on October 23, 2001 at 7 p.m.
Resolution 2001-247, makes line item budgetary modifications.
Resolution 2001-248, authorizes the Supervisor to sign a public benefit services agreement with the County of Schenectady and accepts $40,000 as full payment from the County for the construction of a Skateboard Park in the Town.
Resolution 2001-249, retains Kennedy Safety Services to provide OSHA certified training courses in excavation and trenching October 17 at a cost of $1,000 plus $25 per person for classroom training materials.
Resolution 2001-250, authorizes Police Department personnel Alan Bell, Paul Hobson, John Favata, Andrea Hamilton, Eric Wagner, Kimberly Zeltins, Elizabeth Kotzak, Terri Ferlli to attend the Spectrum Justice Software Training October 19 in Albany at no cost. Also authorizes Chief Mark Sollohub and John Lubrant to attend the New York State Highway Safety Conference in Lake Placid October 21-24 at no cost to the Town.
Resolution 2001-251, enacts Local Law 7 (2001) which imposing a moratorium through April 8, 2002 on the review, approval and/or issuance of permits for or relating to the establishment or relocation of adult use businesses in the Town.
Councilman Chapman explained that the Town has no regulation on where adult uses can locate within the Town. Many neighboring communities have taken steps to regulate these businesses such as Clifton Park, Scotia, Rotterdam, and the City. The courts have ruled that first amendment rights of free speech protect adult uses but that governments can use their power to control the secondary effects. Courts have held that municipal regulation cannot focus on regulating adult uses because of what those uses contain whether it is sexually explicit printed material or videos.
Municipalities are allowed to regulate adult uses in a manner that seeks to mitigate the potential secondary impacts that are often associated with adult entertainment uses which include such things as increases in crime, drug use, lowering of property values, noise, trash, declining commercial activity and decline in pedestrian traffic. Prior to adopting any type of adult regulations a municipal government must demonstrate that it has conducted a relied upon planning study that illustrate the need to protect certain areas of the municipality from the negative secondary impact associated with adult businesses.
Supervisor Smith felt the moratorium is important. We are vulnerable and we have to take the time to study the issue so that the residents are as protected as other municipalities are.
Resolution 2001-252, retains Robert Penna, for consulting services to complete a study to examine the secondary impacts associated with adult use businesses in the Town at a cost of $6,000.
Mr. Penna stated that he would anticipate that within sixty to ninety days the Town would have his recommendations. This will give the Board enough time to act while the moratorium is still in effect. The report will be referred to the Planning Committee with a recommendation to the Town Board so they can speak on it.
Councilman Chapman stated that Dr. Penna has assisted other local communities. He will deliver documentation of potential adverse secondary impacts, an analysis of current Niskayuna land use, zoning and recommendations of adult use zones and ordinance language. The importance of doing this work ourselves is because our land use is different from other communities that are sited.
Resolution 2001-253, authorizes the development of a GIS pilot program with Applied GIS at a cost not to exceed $3,000.
Resolution 2001-254, employs additional persons in the Recreation Department.
At this time Supervisor Smith requested a Special Meeting of the Town Board which was called for October 16, 2001 at 7 p.m.
There being no further business to come before the Town Board, the Supervisor adjourned the meeting.
Barbara Nottke, Deputy Town Clerk