Village Board Meeting
July 20, 2017
Present: Mayor Keville, Trustee Horning, Trustee Bough Martin, Trustee Kopp, Trustee Baldwin, Counsel Bell, Mrs. Price, Mrs. Getman, Judge Button, Acting Judge Sudol, Mrs. Kendall, Mr. Gloska, Mr. Pulver, Mr. Sudol
The Mayor called the public hearing for proposed Local Law for extension of the moratorium for harboring of animals legislation review to order at 7 p.m.
The Mayor reviewed with the Board members the proposed local law information. The law would extend the moratorium for six (6) months in an effort to give the Committee additional time to review and study the changes/amendments to the current legislation. The Mayor asked if anyone wished to speak for or against the proposed local law. Trustee Bough Martin thanked the Board for introducing the six month extension. No one else spoke at the hearing. Upon the motion made by Trustee Kopp, seconded by Trustee Bough Martin, public hearing closed. All members present voting in favor.
The Mayor called the regular meeting to order.
The Pledge of Allegiance was recited.
The Board reviewed the minutes of June 27, 2017. Upon the motion made by Trustee Horning, seconded by Trustee Bough Martin, minutes of June 27, 2017 approved as written. All members present voting in favor.
Sales Tax Extender
The Mayor advised that the State legislators did approve the 1% sales tax extension for Madison County and several other locales about one week after the last meeting.
Court – The Board members reviewed both the annual Court report and the monthly (June) report for the Court. All records for each report period were found to be in order.
The Board discussed the topic of shared services, which was discussed briefly at last months’ meeting. The Mayor commented that based on the data he had it cost approximately $105,000 to run the Court annually. The Court recognizes revenue of approximately $80-85,000 per year, so the approximate cost to the Village is $20,000. He said he had spoken with Supervisor Becker about the shared services discussion and what the Town would envision should consolidation occur. Mr. Becker stated he would hire a full time court clerk (additional). Counsel Bell reviewed a letter she had compiled in regard to this question and she briefly reviewed the information with the Board. Each Board member received a copy of this memorandum. She outlined the statutory authorization to abolish village justice court, procedural requirements, and a suggested timeline for adoption of a resolution abolishing the office of village justice, as well as some financial consequences of abolishing village justice court. One financial consequence includes not having any legal claim to any revenues generated from Village violations.
Justice Button presented his concerns on behalf of the Court asking that before anything else is done there be a special meeting between the Court and the Board for the Court to explain what they do. Mayor Keville stated that the shared services concept is something that Governor Cuomo has issued a directive to Villages and Towns to form a panel to pursue shared services options for communities across the State. The Board concluded that at this time, dissolution of the Village Court is not worth the tradeoffs.
Police – the Board reviewed the Police report for June.
Codes – the Board reviewed the Code report for June.
WWTP – Mr. Cunningham gave the report for the June. Mr. Cunningham stated that the boiler is aging and is in need of replacement. He recommended that the Village seek bids for the work and should get the boiler in place before the winter season. Mr. Cunningham stated that he estimates the replacement cost is approximately $40,000. Mr. Cunningham stated he will put together bid information for the boiler and have Counsel Bell review before advertising. The Board discussed the capital expenses for the WWTP. The Village is trying to use the money generated from leachate for capital expenses. The Board discussed the Nation and their need to comply with the Village and Town sewer regulations. The Board discussed the information in regard to the needed upgrade of the boiler for the Plant. Upon the motion made by Trustee Kopp, seconded by Trustee Baldwin, authorization given to begin the RFP process (preparing bid information) for the new boiler replacement for the WWTP. All members present voting in favor.
DPW Report – Mr. Pulver reported that the paving will be completed on S. Webber Drive on July 21, and, that if we can have more paving done at the same price it would be worth looking into.
Homeland Security Programs
Mr. Sudol from Madison County reported on two programs that are available; one the STELLA recovery reimbursement process (March storm – Stella). Madison County is working with municipalities to determine what the costs were so they (the municipalities) can be reimbursed. They are in the process of collecting data. They are also working on assistance with reimbursement to flooded areas from the July 1 storm; for example, debris removal, damage to parks/trail areas. They are currently trying to evaluate creek damage through the Eisenhut property. There will be a meeting on Monday at 3 p.m. with Federal Government representatives to look at damages to see if the Village meets threshold for reimbursement.
Mr. Pulver continued his report. Megnin Farms development has 26 new homes. The sewer connections for these new homes have not been paid for. Mr. Pulver is following up on this information.
Zoning – Allowed Use Chart
The Mayor sp0ke with the Board in regard to the Zoning Allowed Uses Chart in the Village Code. He requested the Board take a look at the chart in regard to allowed uses in the various zones of the Village. He advised there is currently an application with the Zoning Board for a dog grooming salon requesting to be located in General Business that isn’t allowed in that zone. The Mayor wants the Board to look all the uses and zones over to see if there is anything that perhaps should be changed or updated. The current list outlines every possible use for each zone, as permitted use, special permit, or not permitted. It was suggested that the dog grooming shop could be under special permit. The application before the Zoning Board is for a use variance request, and use variances are only supposed to be used for financial hardships. The suggestion by the Mayor is that perhaps the Code needs to change; based on the review and recommendations by the Board. The Zoning Board has also been requested to review the uses outlined in the chart for their appropriateness.
The Board reviewed the request from the Codes Office for NYSBOC training on August 17. There is no cost for the training. Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, NYSBOC training approved for Code Officer Geer. All members present voting in favor.
LOCAL LAW B-2017
(“A Local Law Extending for an Additional Period of Six (6) Months
the Moratorium on the Harboring of Animals within the Village of Chittenango”)
The following resolution was offered by Trustee Bough Martin, who moved its adoption, seconded by Trustee Baldwin, to wit:
WHEREAS, pursuant to the provisions of the Municipal Home Rule Law, a proposed local law titled Local Law No. B-2017, “A Local Law Extending for an Additional Period of Six (6) Months the Moratorium on the Harboring of Animals within the Village of Chittenango,” was presented and introduced at a Regular Meeting of the Village Board of Trustees of the Village of Chittenango held on June 27, 2017; and
WHEREAS, a public hearing was held on such proposed local law on July 20, 2017 by the Village Board of Trustees of the Village of Chittenango and proofs of publication of notices of such public hearings, as required by law, having been submitted and filed, and all persons desiring to be heard in connection with said proposed local law having been heard, and said proposed local law having been in the possession of the members of the Village Board of Trustees of the Village of Chittenango in its final form in the manner required by Section 20 of the Municipal Home Rule of the State of New York; and
WHEREAS, the enactment of Proposed Local Law No. B-2017 has previously been determined to be a Type II Action under State Environmental Quality Review, thus concluding the environmental review process; and
WHEREAS, it is in the public interest to enact said Proposed Local Law No. B-2017.
NOW, THEREFORE, it is
RESOLVEDthat the Village Board of Trustees of the Village of Chittenango, Madison County, New York, does hereby enact Proposed Local Law No. B of 2017 as Local Law No. 3 of 2017 as follows:
“VILLAGE OF CHITTENANGO
LOCAL LAW NO. 3-2017
A Local Law Extending for an Additional Period of Six (6) Months
the Moratorium on the Harboring of Animals Within the Village of Chittenango
BE IT ENACTEDby the Village Board of the Village of Chittenango as follows:
Section 1. Legislative Findings and Intent
The Village Board of the Village of Chittenango previously determined that a review of regulations pertaining to the harboring of animals within the Village of Chittenango must be conducted. For purposes of this Local Law, the term “harboring animals” shall include, but is not limited to, the use or occupancy of premises and the erection or maintenance of any structure for the harboring of pigeons, swine, goats, rabbits, birds or fowl, horses, foxes, minks, skunks or other like fur-bearing animals, excepting domestic pets. The purpose of this review is to evaluate the impact of harboring such animals within the Village of Chittenango and to preserve and protect the health, safety, and welfare of Village residents. An extension of the moratorium, originally adopted in January 24, 2017, will enable Village officials to review and comprehensively address the issues involved with harboring animals, which is becoming increasingly popular. The Village does recognize the potential benefits and desirability of harboring animals, but determines that time and research is necessary in order to decide how to properly regulate such use. It is also the intention of the Village Board to preserve the status quo during this period of review and study and to preclude the establishment of any new before appropriate legislation is enacted or it is determined that no further legislation is needed.
Section 2. Moratorium
1. The Village Board hereby enacts an extension of the moratorium which shall prohibit the harboring of animals anywhere within the Village.
2. For a period of six (6) months following the effective date of this Local Law, or sooner if the Village Board so determines that the intent and purpose of this law has been satisfied, no new applications to harbor animals shall be accepted, considered or processed within the Village of Chittenango and no applications for such uses shall be considered by the Village Board, the Zoning Board of Appeals, the Village Clerk, the Codes Enforcement Office or any other person or entity of the Village.
3. This moratorium shall apply to all zoning districts and all real property within the Village.
4. Any harboring of animals that has previously been approved are expressly excluded from this moratorium.
5. This Local Law shall act as an extension to the moratorium adopted by the Village of Chittenango Village Board of Trustees on January 24, 2017 (Local Law No. 1 of 2017) and filed with the New York State Department of State on February 3, 2017.
Section 3. Conflict With Other Laws
This Local Law is enacted pursuant to the provisions of the Village Law and the Municipal Home Rule Law of the State of New York. During the duration of time that this law is in effect, it shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions.
Section 4. Enforcement
This Local Law shall be enforced by the Code Enforcement Officer of the Village of Chittenango or such other zoning enforcement individual(s) as designated by the Village Board. It shall be the duty of said enforcement individual(s) to advise the Village Board of all matters pertaining to the enforcement of this law and to keep all necessary records appropriate to same.
Section 5. Violation
Any persons violating any provisions of this Local Law shall be guilty of an offense and, upon conviction thereof, be punished by a fine not exceeding $1,000.00 or imprisonment not to exceed fifteen (15) days, or both. Every day’s continued violation after notice shall constitute a separate, additional violation. In addition, the Village Board may also maintain a civil action or proceeding in the name of the Village in a Court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Local Law.
Section 6. Variances
1. The Village Board reserves to itself the power to vary or adapt the strict application of the requirements of this Local Law in the case of unusual hardship which would deprive the owner of all reasonable use of the lands involved.
2. Application for a variance shall be filed in triplicate with the Village Clerk together with a filing fee of $250.00. The application shall specifically identify the property involved, recite the circumstances pursuant to which the variance is sought and the reasons for which the variance is claimed. Any costs, including expert consulting fees or attorneys’ fees, incurred by the Village, shall be reimbursed to the Village by the Applicant. The Village Board shall apply Use Variance criteria as set forth in the New York State Village Law, Section 7-712-b (2) (b) in reviewing any application for relief.
3. The Village Board may refer any applications for a variance herein to the Village Planning Board for its advice and recommendations, but all decisions on granting or denying such variances shall be made by the Village Board solely after determining whether or not the requested variance is compatible with any contemplated amendments to the Village Zoning Law. Unless completely satisfied that the proposed variance is compatible, the Village Board shall deny the application.
The Village Board shall conduct a public hearing on any request for a variance within forty-five (45) days of receipt by the Village Clerk, and shall issue its final decision on requests for a variance within thirty (30) days from the public hearing.
Section 7. Validity and Severability
Should any section or provision of this Law be deemed invalid or unconstitutional, such decision shall not be held to invalidate or impair the validity, force or affect any other provision of this Law.
Section 8. Effective Date
This Local Law shall become effective immediately upon passage and thereafter filed with the New York State Department of State.”
All members present voting in favor.
Skateboard Park Contest
The Mayor advised that the skateboard park contest has been cancelled for this year. The Village is looking into the re-surfacing of some of the ramps at the Park. Trustee Bough Martin is checking into costs for the re-surfacing.
Cameras for Maloff Towers
The Mayor spoke in regard to the cameras for Maloff Towers. The USDA has stated they may contribute to the cost of the camera purchase.
Mayor’s Dinner Meeting – August 2017
Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, the Board approves the payment for the Mayor’s Dinner meetings for August. There are currently two planned, August 2 and August 22. If any Village Trustee, Administrator or Mayor wishes to attend the dinner meeting(s), the Board approves the payment for those attending. All members present voting in favor.
The Mayor advised that two weeks from tonight (8/3) there will be a shared services public hearing at the County.
Harboring of Poultry – Draft Legislation
Counsel Bell circulated a draft of legislation in regard to harboring of poultry hens within the Village. The Board members were asked to review the language proposed.
Abstract #2 General Fund $83,879.42 vouchers 49-134
Ralston - $3074.00
First Bankcard $121.50
Upon the motion made by Trustee Baldwin, seconded by Trustee Bough Martin, Abstract #2 General Fund with additional vouchers as noted above approved for payment. All members present voting in favor.
Abstract #2-Sewer Fund - $29,210.89 vouchers 9-26
Upon the motion made by Trustee Baldwin, seconded by Trustee Horning, Abstract #2 Sewer Fund as noted above approved for payment. All members present voting in favor.
Creekwalk Fund – Upon the motion made by Trustee Bough Martin, seconded by Trustee Kopp, vouchers for Creekwalk Fund approved as presented. All members present voting in favor.
Trust & Agency Fund – The Hartford disability insurance. Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, The Hartford invoice approved for payment. All members present voting in favor.
The next meeting for the Board of Trustees will be Tuesday, August 29, 2017 at 7 p.m. This is a change in the regular schedule from August 22.
Upon the motion made by Trustee Horning, seconded by Trustee Bough Martin, the Board went into Executive Session for employee contract discussions. All members present voting in favor. The Board members reconvened at 10:24 p.m. with no action taking place during the Executive Session.
With no further business, meeting adjourned at 10:25 p.m.
Notes for this meeting taken by Mrs. Price in Mrs. Doss’ absence. Thank you Mrs. Price for filling in during my absence!
Jill A. Doss