VILLAGE of SAVONA
15 McCoy Street – PO Box 411
Savona, NY 14879
607-583-2124
607-583-2617 Fax
July 22, 2015
The special meeting of the Board of Trustees was called to order at 6:05 PM in the Village Hall
on the above date by Mayor Harrian.
PRESENT:
Mayor: Gregge Harrian
Trustees: Brian Scott, Jason Miller, and Donald Walker
ABSENT:
Trustee: Charity Beebe
ALSO PRESENT:
VCT Susette Harrian, DVC Alyssa Sears, Mike Lowery, Annette
Buckley, Richard Buckle, Robert Bixby, Jean Chrysler, Gary Van
Order, Hurb VanLumar, Jane Dinehart, Jack Fine, Alex Harrian,
Maria Harrian, Janice Littell, Rick Littell, Adam Coots, George
Zemak; reporter from The Leader
Mayor Harrian led the pledge to the flag.
NEW BUSINESS:
GRAVEL PIT OPTIONS:
Mayor Harrian gives opening statements and introduces Atty Koegel.
 Atty Koegel advised that about a year ago the village contacted him with
the intent to have him represent them in regards to the environmental
concerns the Village has with the new mining site. Before the permit was
issued he had sent three letters and eventually had a hearing with DEC in
regards to the environmental impact that this mine could have on the
surrounding area in accordance with SEQRA. As a result there was a
hearing to address these concerns. In June he found out the permit had
been issued with an amended negative decoration, which stated that there
was no need for further environmental review.
 Atty Koegel goes on to review the location of the mining site and stated
that a portion of the 50 acre mining site is within the village limits. He
then goes on to review Village of Savona Local Law of 1970 stating there
shall be no new mines within the Village of Savona. He also advised that
even though the state regulates mining the local municipality can prohibit
mining activity with zoning laws and that in the past these zoning laws
have been upheld in appellate court. There is also concern that there was
the phone line that was moved before the permit was issued. DEC law is
that you cannot do anything on the proposed site until approved; moving
the line was against the law. The DEC was to address all applicants of
complaints and they did not.
 Atty Koegel contacted the DEC to have the Village of Savona become an
interested party in this matter and was ignored. He also raised concerns
about state laws (SEQRA) that require the DEC to review the
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July 22, 2015
VILLAGE of SAVONA
15 McCoy Street – PO Box 411
Savona, NY 14879
607-583-2124
607-583-2617 Fax
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environmental impact a project like this would have on the surrounding
area. He was also concerned that activity was taking place before the
permit was issued. (telephone line was moved) This was ignored by the
DEC.
The state issued an amended negative declaration stating it saw no further
environmental issues needing further review. This means they did not
have to complete the environmental review. They issued another amended
negative declaration. The Village’s local law was not address, as well as
the environmental assessment form failed to have a mining addendum.
This is supposed to give the distance from the nearest drinking water. The
village wants to know why this was not addressed. There was never a
response. The village feels it is an interested party in accordance with
SEQRA. The DEC also ignored this request. As well as the telephone line
being moved without a permit or SEQRA review was also ignored. This is
a type one action under SEQRA which requires environmental review in
most cases. This was also ignored.
Atty Koegel addressed specific environmental issues ground water
quantity and quality. DEC said this would non-noticeable even though
there was no review. He also addressed the need for a Storm water
pollution prevention plan. The engineers and Atty said they did not need
one and the DEC they do need one. Then the DEC said they will address it
later. Village also believes that traffic will be an issue and that the DOT
should have been brought in for review. DOT had an obligation to
comment on this to DEC about traffic and failed to do so. 10 – 40
truckloads an hour was an excessive amount. He also voiced concern for
the level of noise and dust that may disturb the surrounding area. There
was no response to these concerns. Also there is evidence of wildlife; it
was ignored. The visual aspect of looking at the site and berms is
unappealing and will change the character of the area.
He voiced concerns about the drainage from Platt Hill. Some of the
drainage goes into nearby homes. This was denied by the Coots engineers
and lawyers.
Truck traffic all year round has a negative effect the community character.
This was completely ignored.
Atty Koegel makes his closing remarks and stated he will not be
answering any questions regarding probable litigation at this time.
Mayor Harrian asked if there were any questions.
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George Zemak stated do not inflate the area that is in the Village; it is only
6 acres not 16; Atty Koegel stated that at the beginning he stated that he
may have some of the details not to memory; Zemak mentioned the phone
July 22, 2015
VILLAGE of SAVONA
15 McCoy Street – PO Box 411
Savona, NY 14879
607-583-2124
607-583-2617 Fax
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wire that was moved and stated that the phone company had not right of
way in the field that is why it was moved
Robert Buckley, Green Meadows Trailer Court, disagreed with what Mr.
Zemak had to say; he stated that ever since the project started and you
moved the swale/drainage that came across the field that his garage gets
flooded every time it rains; he has two antique cars that are housed in the
garage; he also stated that the site is less than 100 feet from his water well;
you have no regards for the people living in the area
Adam Coots asked if everyone has read what DEC has decided; it is all in
laymen’s terms; it is straight forward and there will be no impact on the
environment or the surrounding area; Mr. Buckley stated that no they did
not all get a copy of DEC’s decision because they did not respond to all of
the complainants and by law they are required to send it out to all that
complained
Jack Fine asked if this decision was from Avon or Albany; Atty Koegel
stated that it did not matter; DEC is DEC; Mr. Buckley added again that
Coots/Zemak moved the swale and now he has drainage issues that every
time it rains goes into his garage and he contacted DEC to come and look
at the issue and no one from DEC came or responded
Jane Dinehart asked if Albany can do something about this; she has put all
of her money in her home and it is just across the street from the side of
the mine; Mayor Harrian added that he has been in contact with Phil
Palmesano and Tom O’Mara and has taken both of them to the site; asked
them to reach out to their contacts in Albany and both stated they would
because of the location being between residential areas; no response from
either; stated he has e-mailed both of them and still no response; Jane
stated that she has also written Albany and gotten no response; Mr.
Buckley state he has also written to Albany and no response; you cannot
tell me that Coots/Zemak did not know they were going to be approved
before the decision by DEC because the only planted corn this year in the
area that is not part of the actual mining operation; they must have known
that they were going to get the permit; they would not have given up the
money they could make on a whole field of corn; they knew; we all know
they knew
Mike Lowery, Little Acorn Lane, asked if we got any response from the
Town of Bath or the Town of Campbell on our concerns with the gravel
pit; Mayor Harrian stated that he called and left message with Dave
Tennent of Campbell and still have not heard from him; Mayor Harrian
stated that he has left several message for Ron Smith of Bath; neither has
done anything that he is aware of
Mr. Buckley stated that he did go out with the information that was given
to him by the resident group and got all signatures from the trailer court;
they are all opposed to the gravel pit
July 22, 2015
VILLAGE of SAVONA
15 McCoy Street – PO Box 411
Savona, NY 14879
607-583-2124
607-583-2617 Fax
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Mayor Harrian stated that he wants to go on record that he is not against
free enterprise and the ability to make money; the location is just wrong
for this project; it is between two residential neighborhoods
Mayor Harrian stated that he was appalled at the DEC and Coot’s decision
to pick that location for a mine. The planned wash pan is too close to
residences. The mining will be 65 feet deep and the water table and wells
are only 35 feet deep. The village has spent a lot of time and money on the
beautification of the village. The village has planted trees, repaving roads,
and has does things like work with Little Caesar’s and the Dollar General
in an attempt to bring in more local business and jobs to the area. He also
stated that they have future plans to bring more residential homes to the
area, a veteran’s memorial with walking path, and a senior living home.
Due to this project all of those plans are now on hold. He also stated that
he has done research and found 7 villages in NYS with gravel mines in
close proximity to the villages. The property values of homes within a one
mile radius of those mines decreased by 20 – 30%. He stated that as a
mayor he has a big problem with that. To sacrifice all the people who have
worked all their lives for their home so they two people can gain is just
appalling; stated that he even met with Steve Coots, Kathy Coots and
Adam Coots and asked if they would want this mine in their back yard and
they said no; this location is just going to have a negative impact
Tr. Scott stated that the board agreed with his statement.
Mike Lowery added that he owns the property across the South St side of
the mining location and has it for sale; stated that if the value of the land
depreciates due to the mine then he will have to deal with that
ADJOURNMENT TO GO TO EXECUTIVE SESSION:
Mayor Harrian stated that we need to go into executive session for the purpose of
probable litigation in regards to Coot permit application for the gravel pit.
It was moved by Tr. Scott, seconded by Tr. Miller and adopted by roll call vote to
adjourn the meeting and go into executive session at 6:46 PM.
Tr. Scott
Tr. Beebe
Mayor Harrian
yes
absent
no vote
Tr. Miller
Tr. Walker
yes
yes
EXECUTIVE SESSION:
It was moved by Tr. Miller, seconded by Tr. Scott and adopted by roll call vote to enter
into executive session at 6:52 PM.
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July 22, 2015
VILLAGE of SAVONA
15 McCoy Street – PO Box 411
Savona, NY 14879
607-583-2124
607-583-2617 Fax
Tr. Scott
Tr. Beebe
Mayor Harrian
yes
absent
no vote
Tr. Miller
Tr. Walker
yes
yes
ADJOURNMENT TO END EXECUTIVE SESSION:
Mayor Harrian asked for a motion to adjourn the executive session.
It was moved by Tr. Scott, seconded by Tr. Miller and adopted by roll call vote to
adjourn the executive session at 8:10 PM.
Tr. Scott
Tr. Beebe
Mayor Harrian
yes
absent
no vote
Tr. Miller
Tr. Walker
yes
yes
RESUME REGULAR MEETING:
Mayor Harrian asked for a motion to resume the regular meeting.
It was moved by Tr. Miller, seconded by Tr. Scott and adopted by roll call vote to resume
the regular meeting at 8:12 PM.
Tr. Scott
Tr. Beebe
Mayor Harrian
yes
absent
no vote
Tr. Miller
Tr. Walker
yes
yes
ADJOURNMENT OF MEETING:
It was moved by Tr. Scott, seconded by Tr. Walker and adopted by roll call vote
to adjourn the special meeting at 8:12 PM.
Tr. Scott
Tr. Beebe
Mayor Harrian
yes
absent
no vote
Tr. Miller
Tr. Walker
yes
yes
_____________________________
Alyssa E. Sears
Deputy
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July 22, 2015