Village Sets Hearing on Local Law For Employee Defense, Hears Noise Complaint

STAMFORD  –  The village of Stamford had a light agenda last Tuesday, with just two trustees and the mayor present.

The meeting opened with public comments and Walt Keller, a resident on Lake Street, was present to say he believes a home on River Street has a vehicle repair business and there is noise created when they are running vehicles up and down the street to test them."I believe they are breaking the zoning law and running an illegal business," said Keller. "They are doing something with other people's vehicles and collecting money." Keller said if it is a vehicle repair shop, it likely has to be permitted by the state and might require a waiver from the zoning board of appeals.

"It is very loud and very dangerous. I think the village should contact the Department of Motor Vehicles and find out about that. It may be subject to a significant fine or they may have to stop doing it." Trustee Bob Orcutt acknowledged it is an ongoing problem.

Board members approved a motion to set a public hearing for August 23 to receive comment on a local law to provide legal defense and indemnification of village officers and employees for civil claims arising from acts or omissions within the scope of their village duties. It notes the law will apply to the future and does not authorize the village to reimburse or pay legal fees, costs or expenses incurred prior to the effective date of the law, unless payment is separately authorized by law.

The proposed law is intended to supplement any defense or indemnification rights available under Public Officer Law18 or any other applicable law.

A second local law was tabled after Trustee Bob Orcutt said it needed some more discussion. That proposal relates to the residency requirements for persons holding appointed positions as members of the village Zoning Board of Appeals and the village Planning Board.

It says that upon the effective date of the law, members of the ZBA or Planning Board throughout their terms of office, need not be electors or residents of the village of Stamford, so long as they are residents of Delaware County. It supersedes the state's Public Officers Law and repeals any laws that are inconsistent with this proposed law.

The village passed bylaws in January to allow them to draw from a larger pool of candidates to fill seats on the two boards.  Prior to that, candidates for appointment had to reside in the village. They widened the pool to include the towns of Stamford or Harpersfield and owning a business or property in the village. They also reduced the number of ZBA members from 5 to 3. The new proposal widens the pool to the entire county.

The proposed local laws are available on the village's website; villageofstamfordny.gov

During a special meeting on August 25, members of the village board approved a settlement with the owners of 5-9 Harper Street LLC and Mountain Dog Cafe LLC. The agreement will resolve the litigation.

The settlement, according to paperwork, sought compliance with the directive for the village board to vote on the agreement which was intended to end litigation and the related appeals. It was part of the Third Department’s settlement program in good faith and reached a negotiated resolution. Last month Karen Saminiski asked the village board to comply with the court’s directive for the Stamford Village Board to hold a definitive vote. It would grant a right of way along the side of the building in exchange to drop the litigation charges against the village. The vote approved the settlement 4-0 with Trustee Robert Orcutt absent.

Trustee Jim Kopp provided a brief report on Mount Utsayantha, saying there have been a large number of visitors on several of the days when a steward was on duty. "Mount Utsayantha has been doing great," said Kopp and provided dates and numbers. He said despite some rain on Sept. 5, many people did visit for the tower lighting. and on September 12 there were 225 visitors to the summit, including a group of 75 UTVs on the annual Danny Run. Mount Utsayantha was added to the Fire Tower Challenge this year, which has increased the number of people visiting the restored fire tower.

The village improved the roadway leading to the summit in anticipation of an increased number of visitors through promotion of the Fire Tower Challenge.