April 23, 2019
April 23, 2019
Present: Mayor Pulver, Trustee Horning, Trustee Bough Martin, Trustee Kopp, Trustee
Baldwin, Counsel Bell, Mr. Gregory, Mrs. Kendall, Mr. Gloska, Officer W. Hohl, Mrs. Ross, Mr.
Kopp, Mr. & Mrs. Thayer, Jim & Daniel Cunningham, Mr. Stell, Mrs. Cary, Mrs. Neupert, Mrs.
Mayor Pulver called the public hearing for proposed Local Law A-2019 to order at 7 p.m. He
briefly explained the local to allow payment by credit card or charge card via electronic
payment in the Village of Chittenango. This would allow for internet on line payments for
Village taxes and credit card payments for the Court. Counsel Bell explained that the
information had been sent to the Madison County Planning Board for GML 239 review. They
have responded with GML 033-2019 that the proposed local law will not cause any county-
wide impact and is being returned for local determination. The Mayor asked if anyone wished
to speak for or against the proposed Local Law. No one spoke. The public hearing was closed
at 7:05 p.m.
The Pledge of Allegiance was recited.
The Mayor called the regular meeting to order at 7:06 p.m.
Tuscarora Road discussion
Liz Ross of Naymik Drive appeared before the Board this evening to discuss her concerns about
Tuscarora Road. She thanked the Mayor and Trustees Kopp and Bough Martin for attending a
meeting she organized at the Library recently to talk about the concerns. She would like to see
a small task force established that would include a couple of representatives from each
neighborhood off Tuscarora Road to discuss concerns, possible solutions, time frames, rank
issues, and perhaps begin with making small changes. One thing that has been discussed is the
possible installation of red/yellow blinking light at the Bolivar/Tuscarora Road intersection.
She said the group that has met is not looking to complain but come up with some constructive
ideas for improving and addressing the issues and concerns. She is concerned about the truck
traffic and the safety of pedestrian traffic trying to cross from one development to another;
especially kids, runners, bicycle riders. She would like to see these issues hashed out with
some solutions. The group has also spoken about signage limiting the road access to local
delivery/local traffic only. Tim Stell who lives on Bialek Way has stopped at many of his
neighbors’ homes to discuss access from the neighborhood to the various places in the Village.
People want to be able to safely walk or ride bikes to locations in the Village. Currently, he
doesn’t believe that is possible. He is aware of the trails system, but not all neighborhoods and
areas are connected to the system. The neighbors would like to create ways to travel by foot or
bike that are pedestrian friendly in the Village. Jennifer Cary related a situation that she
recently encountered while doing her early morning run on Tuscarora Road; a close call to her
and a running friend by a vehicle driving on Tuscarora. She would like to see wider road
shoulders on Tuscarora. Officer Hohl spoke in regard to traffic and concern he has for
pedestrians crossing safely at the Bolivar/Tuscarora intersection as well as other areas on
Tuscarora Road. There is a limit on what can be done, the police do enforce for speed. Tickets
are written to make people slow down. People need to be educated on using the road; the
traffic volume is high in the morning and the evening, which are normally the residents from
the area. The volume in the non-peak times is usually folks traveling through. He stated he
would gladly meet with a group to discuss issues and concerns. Paul Gregory spoke in regard to
discussions he has had with Paul Newman at Madison County in regard to some of the ideas
brought up at the meeting held at the Library. Crosswalks were discussed, reduction of speed
limit, creation of pedestrian path, narrowing of lines on road is not an option, creation of a
bike lane, prohibiting through traffic on a public road is illegal, seasonal speed bumps is not a
feasible option, utilization of bicycle/pedestrian signage were all ideas that were reviewed and
reported to the Village by the County. Trustee Bough Martin spoke about the Creek Walk
Advisory Committee and discussions that have taken place in how to safely cross Tuscarora
Road. Mapping is in the process of being updated. PTNY has expressed their willingness to
help with some technical assistance; she also spoke of a level 4 sidewalk and scheduling events
on Tuscarora Road as options/ideas to explore. Mayor Pulver spoke about meeting with the
SMTC tomorrow about any ideas they might offer for the concerns and ideas being discussed.
He and Mr. Gregory will be meeting with the Director tomorrow. Trustee Baldwin stated that
the concerns/issues being discussed this evening are not new ones. She was a resident of
Hearthstone Development for a number of years and these same concerns were brought to the
Board at that time; at that point there wasn’t anything that could be done. She urged the group
to not feel defeated but to keep looking for ideas that might be able to be accomplished. The
group also talked about making things inconvenient on Tuscarora Road so that drivers would
take the Route 5 corridor. Trustee Horning commented there is a great deal of traffic, but that
speeding is not so much the issue. Mrs. Ross commented that perhaps reducing the speed to
25 mph might make it safer. She expressed that when community and Boards’ work together,
things are accomplished. Mrs. Neupert encouraged that we need to find things that can be
done and not focus on what can’t be done. She suggested that perhaps wooden raised
walkways be installed on Tuscarora Road to make the community accessible to those wishing
to walk or ride their bikes. The Board members commented that forming a task force to
review the issues/concerns was an idea worth pursuing and they would be glad to work with a
The Board members reviewed the minutes of April 9, 2019. Trustee Bough Martin asked that
the titles of the police officers in the budget discussion be added. She also asked for language
to be added for the discussion on teacher appreciation week. Upon the motion made by
Trustee Kopp, seconded by Trustee Baldwin, minutes of April 9, 2019 approved with
amendments as noted above. All members present voting in favor.
Administrator- Mr. Gregory reported that he had spoken with Paul Tomaszewski on the G-
Suite migration. This will not be done this weekend as hoped. The plan is to do the work on
the weekend of May 18 as Mark Adams from the DPW will be available for some tasks that he
needs assistance with. DPW Street sweeping has been underway for the last few weeks. The
sweeper broke down this week. The only neighborhood not completed is Tuscarora Heights
area (Leta, Rondo, Margot, and Gill). A repair person for the sweeper will be coming out to
take a look at the sweeper in the next few days. The hope is to complete the first run through of
sweeping the entire Village by next week. The streets will need to swept again in the next few
WWTP – Jim Cunningham gave a quarterly report of activity for the Plant. Landfill
wastewater treated is 317,218 gallons and 96 tons of biosolids have been taken to Madison
County Landfill. He also spoke of the gear drive replacement. The replacement part took two
months to receive. He noted that he ordered two gear drive components; one that is installed
and a second one to have in stock. He is currently purchasing US made products as the delay
caused for receipt of the gear drives was due in large part to them having to be shipped from
off-shore. The gear drive is used in the dewatering of the solids into the roll-off. Jim
continued his report that the EPA is making their rounds. He needs to get with Nelson Smith
of the DPW as there are a lot of items that need to be done to stay in compliance. He spoke of a
GIS system and perhaps purchasing a unit for providing data that would be helpful in the
compliance requirements of the EPA. Another municipality that Mr. Cunningham works with
that might be purchasing this system and perhaps the Village could share use of the system as
it is very costly. He also spoke of getting an intern to do the work necessary. He said he would
share the list of interns (mainly from Cornell and ESF) that he drew from that perhaps the
Village could review and find someone they could use to conduct similar work here in the
Village. He asked about the Alert NY system -which gives municipalities five (5) hours to notify
of spillage. He said the GIS system that is in use in a couple of municipalities is free “Q”
which works with Ezri. He said he needs to sit down very soon with Nelson. The Board briefly
spoke of the Storm Water Management System (MS4). This apparently is not in place here.
A request was received from Code Officer Geer in regard to training June 12-14 at the Oncenter
for a cost of $170. Upon the motion made by Trustee Bough Martin, seconded by Trustee
Baldwin, request from the Code Officer to attend training 6/12-14 at the Syracuse Oncenter
approved for a cost of $170. All members present voting in favor.
Local Law – A-2019 A Local Law to Allow Payment by Credit Card or Charge Card
via Electronic Payment in 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. A-2019, “A Local Law to Allow Payment by Credit Card or Charge
Card via Electronic Payment in 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 April 1,
WHEREAS, a public hearing was held on such proposed local law on April 23, 2019 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. A-2019 has previously been
determined to be a Type II action for purposes of environmental review under SEQRA, thus
concluding the SEQR review process; and
WHEREAS, it is in the public interest to enact said Proposed Local Law No. A-2019.
NOW, THEREFORE, it is
RESOLVED that the Village Board of Trustees of the Village of Chittenango, Madison
County, New York, does hereby enact Proposed Local Law No. A of 2019 as Local Law No. 2 of
2019 as follows:
LOCAL LAW NO. 2-2019
A Local Law to Allow Payment by Credit Card or Charge Card
via Electronic Payment in the Village of Chittenango
BE IT ENACTED by the Village Board of the Village of Chittenango as follows:
Section 1. Statement of Authority.
The Village Board of the Village of Chittenango, pursuant to the authority granted under
Section 5-b of the General Municipal Law and Sections 10 and 20 of the Municipal Home Rule
Law hereby finds that it is in the best interest of the public to permit payment of municipal
fines, penalties, surcharges, taxes, fees, charges and special assessments by credit card or
charge card, electronically via the Village’s internet website. Payment by credit or charge card
may not be performed in person at the Village Clerk’s Office in the Village Hall due to the
requirements of State Law.
Section 2. Statement of Findings and Purpose.
The Village Board of the Village of Chittenango hereby finds that in certain
circumstances, the allowance of payments by credit or charge cards electronically via the
Village’s internet website may be appropriate to further the efficiency of governmental
operations. It is the purpose of this local law is to establish a policy for the same.
So that a new Chapter 72 of the Village of Chittenango Code shall be added, which shall
read, in its entirety, as follows:
“Payment by Credit Card or Charge Card; Electronic Payment
The definitions, as set forth in General Municipal Law Section 5 and 5-b, for the
terms “credit card issuer” and “financing agency” are hereby incorporated by
§72-2. Agreement with financing agencies and card issuers authorized; credit
or charge card payments accepted via internet
A. The Village Board hereby authorizes agreements with one or more
financing agencies or card issuers to provide for acceptance by the Village
Treasurer and the Village Treasurer's designees, as a means of payment of
fines, penalties, surcharges, taxes, fees, charges and special assessments,
owed to the Village via a municipal internet website for Municipal Utility
B. The Village Board hereby authorizes the Village of Chittenango Justice
Court to accept the payment of fines, penalties, surcharges and fees by
§72-3. Conditions of payment
The agreements referred to herein shall govern the terms and conditions upon
which a credit or charge card proffered as a means of payment of fines, penalties,
surcharges, taxes, fees, charges and special assessments, shall be accepted or
declined and the manner in and conditions upon which the financing agency or
card issuer shall pay to the Village the amounts of the fines, penalties, surcharges,
taxes, fees, charges and special assessments, paid by means of a credit or charge
card via the internet pursuant to such agreement
§72-4. Service Fee
The agreements referred to herein shall provide that as a condition for accepting
payment by credit or charge card, such person offering payment by credit or
charge card shall pay a service fee, not to exceed the actual costs generated in
connection with implementation and operation of the credit or charge card
payment via the internet transaction program.
§72-5. Obligation satisfied upon receipt of payment from financing agency or
The underlying bill, account or other amount owed to the Village for which
payment by credit or charge card is accepted by the Village shall not be expunged,
canceled, released, discharged or satisfied and any receipt or any other evidence
of payment shall be deemed conditional until the Village has received a final and
unconditional payment of the full amount due from the financing agency or card
issuer for such credit card transaction, on behalf of the payor of such amount
§72- 6. Payment of charges and other fees via Internet
A. When payment is made via the internet, the Village shall provide a
confirmation page to the payor following the completion of the internet
transaction. Such confirmation page shall include at least the following:
1. The date that the internet transaction was completed and sent by
the payor; and
2. A notice advising the payor to print out and retain the confirmation
page as his or her receipt.
B. Payment received via the internet shall be considered received by the
appropriate officer arid paid at the time the internet transaction is
completed and sent by payor.
C. The underlying bill or other amount owed to the Village for which payment
over the internet is accepted by the Village shall not be expunged,
canceled, released, discharged or satisfied, and any receipt or other
evidence of payment shall be deemed conditional, until the Village has
received total and unconditional payment for the full amount due.”
Section 4. Severability.
If any part of this Chapter shall be found to be void, voidable, or unenforceable for any
reason whatsoever, it shall not affect the validity or enforceability of any remaining section or
provision of this Chapter.
Section 5. 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:
Elizabeth Bough-Martin Trustee Voted Yes
Wayne Horning Trustee Voted Yes
Melinda Kopp Trustee Voted Yes
Colleen Baldwin Trustee Voted Yes
Mark Pulver Mayor Voted Yes
The foregoing Resolution was thereupon declared duly adopted.
Street Closings – OzStravaganza 2019
The Board discussed the needed street closings for 2019 OzStravaganza! – May 30, 31, June 1,
2019. Upon the motion made by Trustee Horning, seconded by Trustee Baldwin, closings of
Village Streets as outlined below for OzStravaganza 2019 approved. All members present
voting in favor.
Closed June 1, 2019
Genesee Street – Lake Street to Tuscarora Road 12:30 p.m. to 4 p.m.
No Parking June 2, 2019 6 a.m. to 4 p.m.
Genesee Street – both sides Parker Lane to Arch Street
No Parking May 31, June 1, 2,2019- 6 a.m. to 8 p.m.
Route 173 Both sides Dyke Road to Village Line
Lake Street Both sides Genesee Street to Berkey Drive
North Street East side Russell Street to Tuscarora Road
Race Street West side Tuscarora Road to Catherine Street
Russell Street North side Race Street to Lake Street
Catherine Street North side Race Street to Genesee Street
Arch Street South side Race Street to Genesee Street
Seneca Street East side Genesee Street up 750’
Tuscarora Road South side Genesee Street up to “s” curve
Falls Boulevard East side Parker Lane to Skelding Street
McDonnell Street West side Seneca Street to Genesee Street
No Parking – May 31, June 1, 2, 2019
Oneida Street West side Mohawk Street to Pottery Road
Mohawk Street South side Lakeport Road to Esco Turbine
Legion Drive West side Genesee Street to Canal
Pottery Road South side Lakeport Road to Oneida Street
Closed – May 30, 31, June 1, 2, 2019
Russell Street – Genesee Street to Race Street
Arch Street – Genesee Street to North Street
North Street – Russell – Arch Street
Lake Street School – High Quarterly Sewer Bill
The Board briefly discussed the recent quarterly sewer bill sent for the Lake Street school. The
bill was very high due to an apparent leak at the building. The District has been advised to
contact OCWA about the usage and ask if they will issue a letter showing the number of
gallons, they are reducing the bill by. No action tonight.
The Mayor spoke about corrections made to the preliminary general and sewer fund budgets
for 2019-20. The Administrator salary, Clerk salary line, Attorney line were adjusted in both
budgets due to a calculation error. No change was made to Employee Benefit Line and the Tree
Maintenance Line remains the same. He also gave updated copy of salary schedule to the
Board members. Trustee Bough Martin asked about the Court Security line and whether there
should be money in that line. She spoke of grants that the Court office might be able to apply
for for evaluation of the facility and what recommendations could be made to improve safety.
She will get in touch with the Court Clerk to determine what is available. She commented that
there should be money in the budget for Court security. The Board agreed to raise A1110.2 line
by $2,000 in anticipation of an evaluation or expenditure related to security. Board discussed
the budgets as proposed.
Upon the motion made by Trustee Kopp, seconded by Trustee Baldwin, the Board approves the
General Fund budget for 2019-20 with a tax rate of $6.82 per thousand and an upgrade fee of
$.90 per thousand. All members present voting in favor.
Upon the motion made by Trustee Baldwin, seconded by Trustee Horning, the Board approves
the Sewer Fund budget for 2019-20 with a sewer billing rate of $6.25 per thousand gallons,
with a minimum quarterly billing amount of $35. All members present voting in favor.
Appointment of Police Officer
The Board spoke of hiring an additional Police Officer, PT. The Department would like to hire
Mark Petterelli. Upon the motion made by Trustee Horning, seconded by Trustee Bough
Martin, that pursuant to §4-400 of the Village Law of the State of New York, the Board of
Trustees hereby approves the appointment of Mark J. Petterelli to the position Part Time
Police Officer, effective April 23, 2019 at an hourly rate of $22.69/24.69 A-line, subject to any
applicable Civil Service probationary appointment. All members present voting in favor.
The Mayor reported that a resolution needs to be sent along with the dollar amount of unused
funds that will be returned to the State for the Community Development Block Grant from
several years ago. Trustees Horning and Bough Martin will get information to the Mayor.
Unused Vacation update
The Clerk advised that she had checked with the Chief on the number of unused vacation days
from May 2018 year end that had been extended to two employees into the current year. The
Chief responded that one employee had 4.5 days and had used them last week and the second
employee had five days and would be using them by May 31, 2019. He was aware of the
requests. Trustee Horning reported that he had spoken with the Chief and to the two
individuals and this situation will not happen again. Any requests for extension will be
evaluated case by case by the Board. The Board discussed the information. Upon the motion
made by Trustee Baldwin, seconded by Trustee Bough Martin, the two individuals will be
allowed this time to extend their unused vacation from May 2018 and use it by May 31, 2019.
Trustees Horning, Bough Martin, Kopp and Baldwin voting in favor. Mayor Pulver opposed.
Trustee Baldwin reported she had spoken with her son about the GIS Program. Based on what
Jim Cunningham had reported earlier this evening, she recognized working with him and with
the free program that is linked with the “Q” program and EZRI system was a good suggestion.
Capital Asset threshold
The Board discussed changing the threshold for reporting/recording fixed assets. Currently,
the limit is $1,000. Upon the motion made by Trustee Bough Martin, seconded by Trustee
Horning, the definition which include property, plant, equipment, and infrastructure assets
and are reported in the Schedule of non-current governmental assets to assets with an initial
cost of more than $5,000 and an estimated useful life in excess of 10 years. All members
present voting in favor.
The Board briefly reviewed the enabling resolutions for various capital reserve designations.
The Board asked Counsel Bell to check on one for building improvements. Counsel Bell will
forward information to the Clerk. The Board will review all the resolutions at the next meeting.
The Mayor noted a few vouchers didn’t have the pricing quotes attached to them. Trustee
Horning will check for the backup paperwork. Mr. Gregory will provide the pricing quotes for
the new mower. He forgot to attach them to the voucher.
Abstract # 12 – General Fund 663-716 $64,879.40. Upon the motion made by Trustee Bough
Martin, seconded by Trustee Baldwin, the Board approves payment of General Fund Abstract
#12 as outlined above and reminded Trustee Horning and Mr. Gregory to provide the backup
paperwork for the vouchers. All members present voting in favor.
Abstract #12- Sewer Fund 159-171 $347,273.02. Upon the motion made by Trustee Baldwin,
seconded by Trustee Horning, the Board approves payment of Sewer abstract #12 as outlined
above. All members present voting in favor.
The Mayor presented budget modifications to the Board.
A1210.44 Communications increase $100
A1210.46 Supplies increase $43.
A1210.2 Equipment decrease $143
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, the Board
authorizes the budget modifications as outlined above. All members present voting in favor.
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, the Board
went into Executive Session to discuss negotiations for Phase III Creek Walk. The Board
advised there might be action taken at the conclusion of the Executive Session. All members
present voting in favor.
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, the Board
reconvened. All members present voting in favor.
PTA Resolution for Teacher Appreciation
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin the following
resolution was presented and approved with all Board members voting in favor.
Resolution Proclaiming May 6-10 as PTA Teacher Appreciation Week in the Village
WHEREAS, a strong effective system of free public education for all children and youth is
essential to our democratic system of government; and
WHEREAS, the United States has made considerable progress in the social, technological,
and scientific fields due to our system of free and universal public education; and
WHEREAS, much of this progress can be attributed to the qualified and dedicated teachers
entrusted with the educational development of our children; and
WHEREAS, teachers should be accorded high public esteem, reflecting the value the
community places on public education; and
WHEREAS, the PTA at Bolivar Road Elementary School is keenly aware of the importance of
teachers in children reaching their full potential and organized Teacher Appreciation Week;
BE IT RESOLVED, that the Village of Chittenango Board of Trustees finds it appropriate that
teachers be recognized for their dedication and commitment to educating our children;
NOW, THEREFORE, the Village of Chittenango Board of Trustees do hereby proclaim that
in 2019, that May 6th through May 10th be declared as PTA Teacher Appreciation Week in the
Village and urge all citizens to pay tribute to our public-school teachers and staff.
Chittenango DG LLC
The Board discussed the property on Tuscarora Road owned by Chittenango DG LLC that the
owner has been approached about in regard to the development of Phase III of the Creek Walk.
The Board spoke about obtaining appraisals and purchase offer for a section of land that would
allow access for Phase III. Upon the motion made by Trustee Horning, seconded by Trustee
Bough Martin, the Board authorizes the Mayor to extend a written purchase offer in behalf of
the Village to Chittenango DG, LLC owner of lands on Tuscarora Road, a portion of which
would be for the lands for Phase III of the Creek Walk. All members present voting in favor.
May 15, 2019 at 9 a.m.
May 28, 2019 at 7 p.m.
With no further business, meeting adjourned at 9:40 p.m.
Jill A. Doss