Village Board Minutes 1 24 17
Village Board Meeting
January 24, 2017
Present: Mayor Keville, Trustee Horning, Trustee Bough Martin, Trustee Kopp, Trustee Baldwin, Counsel Bell, Administrator Pulver, Chief Corey, Mrs. Kendall, Mr. Cunningham, Mr. Gloska, Mr. Hall, Mr. Kopp, Mr. Devendorf, Mrs. Doss
The Mayor called the public hearing to order for proposed Local Law H-2016 for Moratorium to Harbor Animals at 7 p.m.
The Village Board of the Village of Chittenango has 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. This moratorium 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. The Mayor briefly explained the proposed Law. He asked if anyone wished to speak for or against the proposed law. No one spoke. Upon the motion made by Trustee Horning, seconded by Trustee Baldwin the public hearing was closed at 7:03 p.m.
Mayor Keville called the regular meeting to order at 7:03 p.m.
The Pledge of Allegiance was recited.
The Board members reviewed the minutes of December 19, 2016. Upon the motion made by Trustee Kopp, seconded by Trustee Bough Martin, minutes of December 19, 2016 approved as written. All members present voting in favor.
Court – The Board reviewed the Court report for December 2016. Trustee Bough Martin reported that all information she reviewed during her review was in order.
Police – The Board reviewed the information presented. Chief Corey reported that Sgt. Capria has been working with the Salvation Army store in the Village in regard to the excessive items being dumped at the location after hours and weekends. The cost for disposal (tipping fees) for this one location is costing the Salvation Army approximately $35,000 annually. The Police and Salvation Army now have a letter of agreement signed for enforcement of the dumping issue on file with Police Department. Signs have been posted on the building, signage is on the three entrances to the facility warning of no after-hours dumping and trespassing warnings as well. The Chief stated that the Police could patrol area if the dumping issues escalate. The group talked about perhaps placing a camera as well to aid in the enforcement. The Board expressed the concern of where people will start dumping once more enforcement takes place. This is a concern. The Board suggested perhaps setting up a special pickup day in the Village; the problem would be the extra cost to the Village for this extra pickup. In the meantime, the Police will be working with the Salvation Army on this concern. The Chief continued that Cassandra Daily-Cimpi is now working full time on the 3-11 shift and that is working well. Trustee Bough Martin thanked the Chief for working the extra shifts over the last couple of months.
Codes-The Board reviewed the Codes report for December. Trustee Bough Martin commented that she and Mrs. Lynch had walked the area of the recent tree cutting near the Creek off of Lake Street and they noted there is a lot of wood piled in the flat area of the property. Their concern was the spring thaw there could be a problem if the water levels get high that these cut logs and limbs could cause a problem for the trails. Mayor Keville stated that Mr. Miller was given permission to remove the 2-3 trees(bringing him to the 5 maximum limit before a permit is required) from the steep slope in 2016 and Mr. Miller had also stated he would remove up to five trees on the slope in 2017 and that would be all that he planned to cut and remove.
WWTP – Mr. Cunningham reviewed the WWTP report for December 2016. He noted that 199,297 gallons of landfill wastewater was treated and three full roll-off containers were picked up by LBD composters. He also noted that he had worked with Mr. Pulver and Seneca Meadows on raising the cost per gallon of leachate from $.03 to $.04. for the balance of the current agreement beginning with January 2017. Seneca Meadows has agreed to the increase per Mr. Pulver. The Plant is operating well. The new shaft, recently installed is operating smoothly.
DPW – Mr. Pulver reported that the crew has been working at the shop during the overnight winter work shift completing some smaller tasks. The salt seems to be sufficient for the winter season. John Golas has announced that he will be retiring on April 25, 2017. A large tree was removed today from the northeast corner of Sullivan Park at the edge of Lake Street by Lewis Tree Service in conjunction with National Grid. Mr. Pulver thanked Jennifer House Wood for taking a look at the condition of this tree and evaluating it, and making contact with National Grid to get the process of the tree cutting and removal take place so quickly. She did all this work for the Village and didn’t charge us. A thank you to Jennifer!
Administrator – Mr. Pulver presented the current budget in graph format to the Board. He also showed the status of the budget with a graph as it currently stands.
Historian – the Board reviewed the Historian’s report of annual activity.
Madison County DOT Consortium Agreement
The Mayor reported that the Village has received the annual agreement for DOT Consortium for Madison County for random drug testing for the CDL drivers at the DPW. This covers the six drivers that hold CDL licensing and the charge is $60 for each driver and covers 2017. Mr. Pulver reported that he has worked on compiling a drug and alcohol policy for the Village. He reported that part of proposed policy recommends individuals from the Village are trained in alcohol and drug recognition in individuals. He said he would like to be one of those individuals, based on previous training he has received. The Chief of Police suggested that perhaps one of the police officers could be one of the individuals as they are trained in that capacity. The Board discussed the policy that was presented. Upon the motion made by Trustee Kopp, seconded by Trustee Baldwin, the Board adopts the Village drug and alcohol policy as drafted by Mr. Pulver. All members present voting in favor.
The Board discussed the Madison County DOT Consortium Agreement for 2017 for the DPW - CDL drivers for random drug testing at a cost of $60 per driver for a total of six drivers. Upon the motion made by Trustee Baldwin, seconded by Trustee Horning the Board approves the 2017 Madison County DOT Consortium random drug testing agreement and authorizes Mayor Keville to sign such agreement. All members present voting in favor.
The Board members reviewed the 2017-18 proposed budget calendar.
Proposed Local Law #1-2017 – Moratorium Harboring Animals
(“A Local Law Imposing a Six (6) Month 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. H-2016, “A Local Law Imposing a Six (6) Month 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 December 19, 2016; and
WHEREAS, a public hearing was held on such proposed local law on January 24, 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. H-2016 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. H-2016.
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. H of 2016 as Local Law No. 1 of 2017 as follows:
“VILLAGE OF CHITTENANGO
LOCAL LAW NO. 1-2017
A Local Law Imposing a Six (6) Month 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 has 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. This moratorium 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 a 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 is expressly excluded from this moratorium.
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.
4. 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.”
The question of the foregoing Resolution was duly put to a vote and, upon roll call, the vote was as follows:
Trustee Horning yes
Trustee Bough Martin yes
Trustee Kopp yes
Trustee Baldwin yes
Mayor Keville yes
Street Light Purchase Update
Mr. Pulver spoke to the Board in regard to the Smart Watt proposal and the Village’s thought to purchase the existing street lights. Smart Watt has provided the Village with a lot of helpful information. One plan discussed was for the Village to purchase the lights slowly and convert the fixtures to the LED lighting. Mr. Pulver spoke of a non-disclosure agreement; we couldn’t disclose pricing and would have to stay within the State Law. Mr. Pulver gave the non-disclosure agreement to Counsel Bell to review. Counsel Bell explained to the Board aspects of the agreement and that certain information is under FOIL requirements in this process. Trustee Kopp asked about the suggestion of acquiring the lights in sections versus all at one time. The Board and Counsel discussed. The risk with the Village doing an acquisition we wouldn’t be equipped to do all the change outs, for lack of the needed equipment necessary and the expertise in doing this type of work. The Board discussed all the information at length. Mr. Pulver stated that Smart Watt is still a very viable option in this process and have worked well with information sharing and expertise during the discussion phase of this topic.
Requests for Training – Geer
The Board reviewed three training requests for Code Officer Geer, as follows;
Training - 2/10/17 –NYSBOC Upon the motion made by Trustee Horning, seconded by Trustee Baldwin, training request for 2/10/17 for Jeff Geer approved. All members present voting in favor.
Training – 4/4-6/17 Annual NYSBOC Training Upon the motion made by Trustee Baldwin, seconded by Trustee Kopp, training request for 4/4-6/17 for annual training for Jeff Geer in the amount of $360 approved. All members present voting in favor.
Training – 2/16/17 –NYSBOC Upon the motion made by Trustee Horning, seconded by Trustee Kopp, 2/16/17 training request for Jeff Geer approved. All members present voting in favor.
NYCOM Legislative Conference
Mr. Pulver requested permission to attend the NYCOM Legislative Conference in February for a cost of $180. Upon the motion made by Trustee Baldwin, seconded by Trustee Kopp, Mr. Pulver approved to attend the NYCOM Legislative Conference in February in Albany, NY. All members present voting in favor.
Onondaga County Mayor’s Association
The Board discussed the Onondaga County Mayor’s Dinner meeting scheduled for February 15, 2017. Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, the Board authorizes the attendance and pre-payment of any Board member attending the County Mayor’s Meeting on February 15, 2017. All members present voting in favor.
William Hall – 612 Forbes Ave – special exception for chickens
The Board discussed the information that had been presented at the public hearing for Mr. Hall, for his request of a special exception allowing him to have chickens at his property at 612 Forbes Ave. Mr. Hall advised that he will have only three chickens (beginning this spring) as opposed to his original request to have six chickens. The Mayor stated that during the hearing many of Mr. Hall’s neighbors had been in support of his request and had no particular issue with his request. There have been no complaints from neighbors that the Village Board is aware of. The Mayor stated he had also contacted Madison County Health and they had no grave concerns about the issue. The Mayor stated that any action this evening would be based on the existing Code. Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin the Board approves a 12-month special exception to harbor a maximum of six chickens to William Hall of 612 Forbes Ave; that the chickens are in an enclosed environment and not free range. All members present voting in favor.
The Mayor spoke about the creekwalk expansion and what the future plans could be for the continuation of the trail system through the Village. He advised that he will be meeting with Senator Valesky on Friday to discuss possible funding. Dependent on how the planning process works out, the DPW might possibly be able to do some work on the trail in April or May on the Phase II proposed section from Tuscarora Road to Russell Street (based on obtaining permission from property owners in this area).
Valesky Meeting-Drainage hillside by Village Hall/Seneca Street areas
The Mayor advised he will also be speaking with Senator Valesky in regard to the possibility of help with funding the drainage project that Madison County Soil & Water Conservation has been reviewing over the last several months.
Counsel Bell advised that the City of Oneida has been in the talking stages with Good Energy. It is on their docket for early February discussions.
2016 Unresolved Issues
The Board discussed a number of issues that have been brought to the Board and they haven’t been completed or resolved. Some of the projects mentioned were the phone system, the signage discussed by Mark Baum as a directory by the Casino, the proposed sewer law update. Mr. Pulver stated he is working on the phone issue and will have more to report at the February meeting. The Board agreed that they need to keep track, by creating their own list and also to take ownership of the items they bring up for discussion and continue to track them until completion or resolution. Mr. Kopp stated he was going to talk to the Board this evening, as a representative from the Chamber of Commerce about status of the sign request from Mr. Baum – he will get with Mr. Pulver on this issue. Another issue is the steep slope maps that the County said they could provide. The County is currently working on those, putting together maps and a data base of names of addresses of properties in the steep slope areas. Trustee Kopp asked who had taken down several trees on Seneca Street, not far from her home and has left them. This issue will be looked into; apparently it is located in a steep slope area. The question was asked about signage by the State for the crosswalks. Mayor Keville stated he would put a call into the State DOT about the status of those signs (posting no parking within a certain number of feet of a designated crosswalk). The Board agreed that each person should keep a running list of projects until they are completed and/or resolved.
General #8 508-573 $92,453.83 Upon the motion made by Trustee Horning, seconded by Trustee Bough Martin the Board approves payment of General Abstract # 8 as outlined above. All members present voting in favor.
Sewer #8 116-133 $46,702.90 Upon the motion made by Trustee Kopp, seconded by Trustee Baldwin the Board approves payment of Sewer Abstract #8 as outlined above. All members present voting in favor.
Trust & Agency Fund – The Hartford $43.20 Upon the motion made by Trustee Baldwin, seconded by Trustee Horning, $43.20 approved for payment from the Trust & Agency Fund as outlined above. All members present voting in favor.
A1997.41 Capital Reserve-Land increase $41,049.65
A1990.4 Contingent decrease $41,049.65
A1620.1 Bldgs Personnel increase 2,000.00
A1620.45 Bldgs Main Agree increase 4,000.00
A1620.49 Bldgs Utilities decrease 2,000.00
A1620.491 Bldgs Repairs decrease 4,000.00
A5110.44 Communication increase 2,500.00
A5110.48 Vehicle Repair increase 10,000.00
A5110.47 Fuel decrease 6,000.00
A5110.491 Bldg. Repairs decrease 3,000.00
A5110.451 Tree Main decrease 3,500.00
A8989.41 OCWA Service increase 14,923.63
A1990.4 Contingent decrease 14,923.63
Upon the motion made by Trustee Baldwin, seconded by Trustee Kopp the above modifications for the General Fund approved as outlined above. All members present voting in favor.
Upon the motion made by Trustee Baldwin, seconded by Trustee Bough Martin, the Board went into Executive Session at 8:50 p.m. for discussion of personnel matters. All members present voting in favor.
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, the Board came out of Executive Session at 10:05 p.m. No Board action took place during the Executive Session. All members present voting in favor.
With no further business, meeting adjourned at 10:06 p.m. upon the motion made by Trustee Horning, seconded by Trustee Kopp. All members present voting in favor.
Jill A. Doss
©2011 Village of Chittenango, New York