Village of Chittenango, New York

Village Board Meeting

October 24, 2017


Present:  Mayor Keville, Trustee Horning, Trustee Bough Martin, Trustee Kopp, Counsel Bell, Mr. Pulver, Mr. Gloska, Mrs. Kendall, Ms. Suave’, Mrs. Eisenhut, Jim Cunningham, Dan Cunningham, Sarah Mantz, Lisa Mantz, Edw. Houle, Rob Shepard, Mrs. Doss


Pledge of Allegiance

The Pledge of Allegiance was recited.



The Board members reviewed the minutes of September 26, 2017.  Upon the motion made by Trustee Kopp, seconded by Trustee Bough Martin, minutes of September 26, 2017 approved as written.  All members present voting in favor.

Trustee Horning asked about the trees that have been planted at the end of Gill Street and whether there would be mulch placed at the entire property.  The trees will be mulched and the remainder of the property would be seeded for ease of maintenance. There will be a formal path established through the property. 

The Board members reviewed the minutes of October 11, 2017.  Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, minutes of October 11, 2017 approved as written.  All members present voting in favor.

Trustee Bough Martin asked about the LUCA reporting.  The Mayor advised he hasn’t set it up yet, but does have information he is working on.



Court – Trustee Kopp and Trustee Bough Martin conducted their monthly audit and found records to be in order.  They did note a discrepancy in receipt book numbering, but the matter has been corrected by the Court Clerk.  The amounts match in the accounting. 

Codes – The Board reviewed the report, which included permits, complaints, inspections, special projects.  The Mayor advised that the first letter has gone out in regard to unregistered vehicle which has exceeded the 120 notification period.  The Mayor reviewed the process from this point forward with the Board. 

Police – The Mayor reviewed the stats for the Department for the month of September.

WWTP – Jim Cunningham reported that a flow meter had been installed in the manhole near 700 Tuscarora Road to monitor the flows in the area for the period 10/6-19.  He reported that the average daily flow was 190,000 with a maximum flow on 10/18 of 435,000.  The flow registers at approximately 50% at peak flow which was during a dry weather period.  The Village had asked him to monitor flows in an area to gather information relative to the proposed OIN Sewer Agreement.  He stated that this is an 8” line and it measures sufficient for the flows, flows could double and we’d be safe (190,000 x 2).  There is high velocity at this test point.      He also reported that due to a recent problem with power flickers at the Plant, the pins on the screw pump have sheared off when the power comes back on all at once.  A delay switch has been installed to help prevent everything starting up and putting too great a load on the system.  There are approximately 29 containers of Biosolids to compost.   No Biosolids have been picked up from the Plant by LBD composters.  This will be discussed later in the meeting.

DPW/Administrator –Mr. Pulver reported that the crew has completed installation of the yellow brick sidewalk in Dr. West Park.  The crew corrected a low spot in the walkway and added a special type of brick on the sides of the walk to allow for vehicles to drive across or down the walkway without damaging the walk edges.  The crew did a wonderful job!  The crew is working on repairs to the skate park ramps.  Some of the panels have been removed, some repaired and base has been painted blue (which was the color originally).  Some of the sub panels need to be replaced before putting on the newly purchased top panels.  The crew is hoping to get some of this work done before the winter.  Mr. Pulver advised that the leaf truck began pickup on October 16.  Mr. Pulver advised that two more speed monitoring signs have been installed.  A question was raised in regard to the crosswalk on Tuscarora Road.  There have been a few close calls.  They are not marked with signage.  The Board discussed.  The Village Code Book should be reviewed to see if they are scheduled and whether a change can be done by resolution or if a change will require a local law.    In the event that a local law is not required, Trustee Bough Martin made the motion, seconded by Trustee Kopp, that signage is erected for the crosswalks on both sides of the roads at Tuscarora, Race Street and Manor Drive, indicating that vehicles stop for pedestrians in the crosswalk.  All members present voting in favor.

Mr. Pulver concluded the DPW report by advising that the DPW crew has installed ADA compliant detectable warning plates in the sidewalks in Dr. West Park. 

Administrator – Mr. Pulver advised that the phones have been installed and the switchover will take place Thursday, October 26, 2017.   50 additional licenses have been obtained for IP addresses (mainly for the addition of police officers). 

Mayor Keville advised the Integra Consulting, our IT support company is in the process of being sold. The new owner of the business has been training and will continue providing the services for the Village through Integra Consulting. 


Ostrander “s” curve-366-68 Tuscarora Road

Mrs. Eisenhut came to the Board meeting to discuss a concern about arsenic being discovered in their well water.  They do not live in the Village.  She told the Board that when their water was tested recently the arsenic levels were elevated.  Mayor Keville stated he has spoken with Mrs. Eisenhut.  They have asked OCWA about connecting to their system with the cost of between $20, and 30,000 which would connect near Button Rd.  The Mayor spoke to the Board about having the Village Engineer conduct a bore test to check if any of the road fill material for straightening Tuscarora Road could cause a rise in the arsenic levels.  The Board agreed the first step would be to have the soil evaluated and go from there.  Upon the motion made by Trustee Kopp, seconded by Trustee Horning, the Village will contact the Village Engineer to obtain a soil sample test for 366-68 Tuscarora Road to check for arsenic levels and then decide from that point what action might be taken.


New Business

Noel Newton 167 West Genesee Street – request for sewer adjustment

The Board reviewed a request from Noel Newton for an adjustment to her 2nd quarter sewer bill due to a replacement of a pool liner that had been leaking.  There was paperwork from the pool company showing the pool capacity.  The request was for 23,700 gallons.   The Board discussed.  Upon the motion made by Trustee Horning, seconded by Trustee Bough Martin, the Board approved a reduction of 26,000 gallons for the 2nd quarter sewer bill for Noel Newton – 167 W Genesee Street, based on the repair/replacement of the pool liner and leak before pool was repaired.  All members present voting in favor.


Harvest Celebration – Madison County Tourism

The Mayor advised there is a   program being offered through Madison County Tourism on November 9 from 5:30-7:30 p.m. if anyone is interested in attending.  Trustee Bough Martin and Trustee Kopp said they were interested in attending.


RFP –Phase III Creekwalk

Trustee Bough Martin stated she has sent out RFP’s to obtain an appraisal of property owned by Dollar General which are due back on November 2.  The Village needs to obtain an appraisal value for the portion of land that is proposed for use as part of the trail Phase III portion, the section from the Canal to Tuscarora Road.  The cost for the appraisal can be incorporated in the Grant funding process request if the RFP process is used.  The Village has received a SAM grant in the amount of $100,000 for the walk bridge over the canal.  She reported that she will be speaking at the Rotary meeting in November as they have expressed interest in participating in the Trail project. 


Police Speed Survey – Route 5

The Mayor reviewed the speed survey report on Route 5 (from the 5 corners eastward) compiled by the Police Department with the Board.  Based on the data that was collected it appears unlikely that the State will reduce the speed limit in this area.  The Board reviewed the report.  Mr. Pulver commented that maybe drivers feel unsafe going any faster because of all the businesses and entrances and exits on both sides of the road in this stretch of roadway. 


Williamson Law Book –Sewer billing software renewal

The Board reviewed the renewal agreement for the sewer billing program from Williamson Law Book.  The Board authorized the Mayor to sign the renewal agreement for sewer billing software support for 2017-18 from Williamson Law Book upon the motion made by Trustee Kopp, seconded by Trustee Horning.  All members present voting in favor.


Bonadio – AUD Review Agreement

The Mayor reviewed the agreement submitted by Bonadio Group for review of the AUD 2017.  Upon the motion made by Trustee Bough Martin, seconded by Trustee Kopp, the


Board approves the agreement and authorizes Mayor Keville to sign the agreement.  All members present voting in favor.


Village Election – March 20, 2018

The Board discussed the election to be held in March 2018, for 2 Trustee positions and Justice position.  As part of the process, pursuant to Election Law§4-104(1) the Village Board is required to determine the list of polling places for the election.  Upon the motion made by Trustee Kopp, seconded by Trustee Horning, the polling place for the March 20, 2018 election will be the Sullivan Free Library.  There is only one polling place.  All members present voting in favor.    A notice is required to be submitted to the County.


Conference on Abandoned Properties

The Mayor spoke about a conference being held at Onondaga Community College on Wednesday, October 25 in regard to legislation about vacant and abandoned properties.  Mayor Keville, Trustee Bough Martin and Code Officer Geer will be attending the conference.


LUCA Census Data Participation

The Mayor stated he is working on setting up information in regard to a contact person for the LUCA program.  He will decide who the point person will be within the next two weeks. 


Meeting Minutes

The Board discussed a question in regard to Board minutes being available prior to approval of same by the Board.  Counsel Bell stated that the Clerk has two weeks (14 days) to prepare minutes.  They are draft until the Board approves them.  She will confirm language in the Law in regard to holding them for approval by the Board or if noting they are draft before approval is acceptable for release.    She will review and confirm. 


NYCOM Legislative Meeting

There is a Legislative Meeting in Albany scheduled for November 13, 2017 from 9:30 a.m. to 2 p.m.  Trustees Bough Martin and Horning will be attending the Conference.  The Mayor advised there is also a shared services meeting on Nov 14 in Albany, which is sponsored by DOS and is free, if Trustees Bough Martin and Horning would want to attend that as well.  Trustee Bough Martin had a conflict with November 14.    


Old Business


Cameras @ Maloff Towers

The Mayor advised that we are still waiting to hear back from National Grid on electric drops for plugging the cameras in to. 


County Mayors Association Meeting – November

The Board spoke of the upcoming County Mayor’s Association meeting for November.  Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, the Board authorizes pre-payment of any Board member that wishes to attend the dinner/meeting on November 15, 2017.  All members present voting in favor.


Land Use Activity Chart

The Board reviewed the proposed Local Law that had been drawn up by Counsel Bell.  The plan was to bring the schedule into harmony with what the Village intends or envisions.  The Board spoke about setting forth specific criteria; if they are specific then those things are governed by the definition.  The Board spoke about needed language for commercial nurseries and scientific research laboratories.  Counsel Bell will re-draft the language in the Code and resubmit the local law for the Board to review. 


Solicitation Law

The Board reviewed the solicitation law.  They discussed charitable institutions, yard sales, lemonade stands, prohibition of idling vehicles in neighborhoods, veteran exemption, background checks and whether the thought was to totally ban solicitation or allow police, mayor allow background checks.  Counsel Bell will make changes to include definitions and circulate revised local law next month. 


OIN/WTF – Agreement for Sewer Connection

The Mayor reported that there have been discussions with Peter Carmen representative for the OIN in regard to the sewer connection agreement.  The Board and Counsel Bell spoke about the language contained in the second draft of the agreement.  There has been a delay in the review as the engineer for the OIN recently passed away and they are lining up a new engineering firm.  There is a meeting planned for this Friday between OIN and their new engineering firm.  There are some questions yet on the formula.  The Mayor questioned if the language in the draft was acceptable or are there concerns on the language and terms.  The Board discussed the language with Counsel Bell and Mr. Cunningham.  Mr. Cunningham commented the wastewater is normal from the facility, but if it is abnormal then the language in exhibit B of the agreement would kick in.  Counsel Bell will make revisions to the language and get the revisions to Mayor Keville.  The Board discussed if there was ever a change of use at the facility, there is language in place in the agreement that changes in use require prior approval.  The Board commented that the current uses should be indicated in the agreement.  The Mayor anticipates that the Village and the OIN will be sitting down to discuss the proposed agreement in the next week or so. 



General Abstract #5 – 288-365 $123,579.69.  Upon the motion made by Trustee Horning, seconded by Trustee Kopp, the General abstract #5 approval as outlined above.  All members present voting in favor.


Sewer Abstract #5 – 71-89 $27,631.32.  Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, the Sewer abstract #5 approved as outlined above.  All members present voting in favor.


Trust & Agency Fund – The Hartford $44.70

                                           The Olive Branch $11.97


Neighborhood Trail Fund – Voss Signs - $36

Upon the motion made by Trustee Bough Martin, seconded by Trustee Kopp, vouchers for the Trust & Agency Fund and Neighborhood Trail Fund approved as outlined above.  All members present voting in favor.


Upstate Citizens for Equality

The Mayor advised he had received literature from Upstate Citizens for Equality challenging the interpretation of lands relative to the OIN. 


He commented that the Village is receiving a portion of the slot money revenue through an agreement with the Town of Sullivan.  Those funds will be used for improvements to the Village; the skateboard park repairs, a new playground, improvements to the creek walk.  He views working with the OIN helps the Village be in the better position with the Nation. 


Chain Saw Training Techniques workshop

The Mayor advised that Dan Smith and Mark Adams will be attending the chain saw training techniques seminar on November 8. 


Executive Session

Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, the Board went into Executive Session for discussion of pending legal action and personnel at 8:55 p.m.  All members present voting in favor.


Upon the motion made by Trustee Kopp, seconded by Trustee Bough Martin, the Board reconvened from Executive Session at 9:30 p.m.    All members present voting in favor.  The Mayor advised that no action had taken place during the Executive Session. 


Waste Management

The Board discussed entering into an agreement with Waste Management for hauling the biosolids from the Waste Treatment Plant.  The language is set up that the pickups are for haul upon notification from the WWTP to Madison County.  Upon the motion made by Trustee Horning, seconded by Trustee Bough Martin, the Village will enter into an agreement with Waste Management to haul the biosolids from the WWTP to the Madison County landfill when notified by the WWTP.  All members present voting in favor.


Counsel Bell will contact the attorney for the Demario family in regard to a letter recently received at the Village relative to hauling solids from the WWTP. 


Clerk advised to call Brown and Brown in regard to whether the Village can extend health insurance coverage to Trustees. 


With no further business, meeting adjourned at 9:31 p.m. upon the motion made by Trustee Bough Martin, seconded by Trustee Horning.  All members present voting in favor.


Respectfully submitted,



Jill A. Doss

Village Clerk-Treasurer

 ©2011 Village of Chittenango, New York