January 22, 2019
January 22, 2019
Present: Mayor Pulver, Trustee Horning, Trustee Bough Martin, Trustee Kopp, Trustee Baldwin, Counsel Bell, Mr. Gregory, Mr. Gloska, Mrs. Kendall, Mr. Freunscht, Mr. Kopp, Mr. Brzuskiewicz, Brenda Jaquin, Robert Camm, Dean Costanzo, Mr. & Mr. Tom Scott, Frank Micale, Attorney, Stephanie Perotti, Jean & Pat Appel, Hannah Hofsdal, Blayde DeBlieux, Jim & Dan Cunningham, Kipp Hicks, Mrs. Doss
The Pledge of Allegiance was recited.
Proposed Local Law Public Hearing
The Mayor called the public hearing to order for proposed Local Law A-2018 Change of Zone for 112 Salt Springs Road from Special Residential to Low Density Residential zoning. There is an adjacent parcel to this one zoned Low Density Residential, so this would not be considered “spot zoning” Counsel Bell explained. The Mayor asked if anyone wished to speak for or against the proposed change in zone. Attorney Micale, representing Stephanie Perotti who owns 112 Salt Spring Road property, spoke in favor of the requested change of zone. He spoke of the characteristics of the property, which fit the definition of the Low-Density Residential classification. He reviewed information contained in the Villages’ Comprehensive Plan that defines the types of properties that are typically in this zoning classification; steep slopes, trees etc. Ms. Perotti shared with the Board a drone fly-over of her property showing the type of land that she has, hills, slopes, trees etc. The fly-over also showed the properties that adjoin her land and the distance that she is from these other parcels. The Mayor asked if anyone else wished to speak for or against the proposal. Dean Costanzo commented that his sister’s property adjoins Ms. Perotti’s and he commented that there is no possibility of any building happening on her property. They have no complaint with the proposed change of zone as Ms. Perotti has been a good neighbor. Tom Scott who owns property adjacent to Ms. Perotti (they share a driveway) stated his house is a football fields distance from her home and there are no issues. He and his wife Chris have no issues with what is being proposed. No one else wished to speak, the hearing was closed.
The regular meeting was called to order.
Kipp Hicks – Madison County IDA
Kipp Hicks appeared before the Board at the invitation of the Mayor to explain the services that Madison County IDA provide to communities in the County. He spoke of the benefits/incentives that can be provided and how his agency works with communities throughout the County. He provided a copy of a 2018 report from Empire State Development that highlighted various downtown initiatives throughout ten different economic regions throughout the State. He spoke of the NYS Regional Economic Downtown Initiatives and the transformational changes or redevelopments occurring. He also explained Restore NY Grant process. The group spoke of possible areas that could be targeted/reviewed by the Village; including the redevelopment of the Lake Street School. He also spoke of various resources available that the Village might tap; Madison County Planning Department, Madison County Tourism being two of those that are willing to help. The Village should consider public and private needs and any plan needs to be solid and inclusive of all. He also noted that Comprehensive Plan are helpful if applying for any type of grant or program. He suggested getting a group together to talk about the big picture, hurdles and also examine the issues. Tourism, residential, commercial components need to be included in the discussions and put to paper. Mr. Freunscht spoke of his experience with the $600,000 CDBG grant the Village was awarded which was later transferred to the Local Development Corporation; a good experience, but the results were disappointing to a degree as many businesses did not want to participate in the downtown revitalization project; it was difficult to award the money as there was a lack of interested individuals. He has always wanted to see the downtown thrive and the Village is unique with the business district layout and the residential area; which is mostly to the west of the business area and residents go west rather than come to the commercial/business area. The business area struggles because of this issue. The group spoke of branding the community and partnering with the School district to perhaps cast a wider net to involve more individuals and groups. The Board thanked Kipp for his input and suggestions.
The Mayor advised that there is approximately $47,000 in the Local Development Corporation bank balance. He has been in discussion with Jason Purvis of NYS Office of Community Renewal. The funds are not the Village’s, but they can be re-directed through a process which would involve conforming to the regulations for which the funds could be used. The group spoke of various ideas that might fall within the required use format. The funds would need to be committed by 3/31/19 or they are subject to return to the State.
Proposed Local Law – Change of Zone
The Board discussed the public hearing held this evening for change of zone for 112 Salt Springs Road. Counsel Bell advised that Madison County Planning has left the decision for local determination. She also advised that because there is property adjacent to this parcel zoned low density residential this would not be spot zoning.
LOCAL LAW A-2018
(“A Local Law Amending the Zoning Map of the Village of Chittenango
to Include Certain Property Zoned Special Residential (SR)
in the Low-Density Residential (LR) District in the Village of Chittenango”)
The following resolution was offered by Trustee Bough Martin, who moved its adoption, seconded by Trustee Horning, to wit:
WHEREAS, pursuant to the provisions of the Municipal Home Rule Law, a proposed local law titled Local Law No. A-2018, “A Local Law Amending the Zoning Map of the Village of Chittenango to Include Certain Property Zoned Special Residential (SR) in the Low-Density Residential (LR) District 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 December 20, 2018; and
WHEREAS, a public hearing was held on such proposed local law on January 22, 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-2018 has previously been determined to be an unlisted action and will have no significant effect on the environment thus concluding the SEQR review process; and
WHEREAS, it is in the public interest to enact said Proposed Local Law No. A-2018.
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. A of 2018 as Local Law No. 1 of 2019 as follows:
“VILLAGE OF CHITTENANGO
LOCAL LAW NO. 1-2019
A Local Law Amending the Zoning Map of the Village of Chittenango
to Include Certain Property Zoned Special Residential (SR)
in the Low-Density Residential (LR) District in the Village of Chittenango
BE IT ENACTEDby the Village Board of the Village of Chittenango, pursuant to the provisions of the Municipal Home Rule Law, as follows:
Section 1. Legislative Findings and Intent
The Zoning Map of the Village of Chittenango, as provided for in Section 148-11 of the Code of the Village of Chittenango, shall be amended to include certain lands at 112 Salt Springs Road (Tax Map No. 49.10-1-2.5), as described in the attached Schedule “A”, which are currently designated Special Residential (SR), within the Low-Density Residential (LR) District zoning designation as defined and regulated pursuant to the provisions of Chapter 148 of the Code of the Village of Chittenango.
The Zoning Map of the Village of Chittenango shall be amended and shall incorporate the change of zoning classification, as herein provided.
Section 3. Effective Date
This Local Law shall become effective immediately upon passage and thereafter filed with the New York State Department of State.
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being in the town of Sullivan, Village of Chittenango, County of Madison and State of New York, beginning at a point in the center line of Salt Springs Road, said point being the southwest corner of Frank Matzell, reputed owner:
Thence (1) from said point of beginning along the southerly line of Matzell S. 84° 26’ 00” E a distance of 368.80 feet to a point;
Thence (2) S. 4° 51’ 40” W a distance of 750 feet more or less to a point in the centerline of a stream;
Thence (3) along the center line of said stream as it winds and turns a distance of approximately 203 feet, more or less to a point;
Thence (4) N. 44° 41’ 00” W a distance of 245 feet more or less to a point;
Thence (5) N. 00° 19’ 00” E a distance of 401.37 feet to a point;
Thence (6) S. 85° 08’ 20” E a distance of 237.63 feet to a point;
Thence (7) N. 38° 46’ 00” W a distance of 321.50 feet to a point in the center line of Salt Springs Road;
Thence (8) along the center line of Salt Springs Road N 54° 55’ 00” E a distance of 26.89 feet to the point and place of beginning.
Together with and subject to covenants, easements and restrictions of record, if any.
Containing 6.4 acres of land, more or less.
TOGETHERwith a sewer line easement set forth in Instrument recorded 4/05/89 in the Madison County Clerk’s Office in Book 883 of Deeds at Page 173.”
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 Pulver yes
The foregoing Resolution was thereupon declared duly adopted.
The Board members reviewed the minutes of December 20, 2018. On page 4 a transfer was authorized from OIN money to Parks Capital for $83,406. An additional transfer needs to be added from the Contingent Account to the Parks Capital Account in the General Fund for $83,406. Upon the motion made by Trustee Bough Martin seconded by Trustee Baldwin, the Board approves the minutes of December 20, 2018 with the above amendment being added to the minutes. All members present voting in favor.
Codes – The Board reviewed the report for December 2018
Court – The records were found to be in order per the report. The $6 check is still showing as outstanding. Individual will be contacted about this check.
Village Clerk-Treasurer & Time cards – Trustee Baldwin and Trustee Horning reported that the audit they conducted found everything to be order. They did find one-time card without a signature and that issue has been corrected and the Department head advised.
WWTP – The Board reviewed the report with Mr. Cunningham. All DEC requirements have been met. Trustee Baldwin asked about information about disposable wipes, which are becoming quite an issue for the sewer lift stations and also the Treatment Plant. There was also a brief discussion about the phosperous levels at the Plant, which are well within the limits, but Mr. Cunningham commented that the State could change the requirements at any point in time.
Administrator-The DPW has been looking into the purchase of a new lawnmower for the Department. The existing mower would be given to the WWTP and the one currently at the WWTP would be put up for sale. There is money in the budget for this purchase. He continued his report; there was a meeting held last week with representatives from Google in regard to the suggested change for the email system and the web site. Discussion has been held about determining who would be the “super” administrator with the two servers (one police, one the remainder of the building). It was suggested that Paul Tomaszewski be that individual, he is currently serving as the Village’s current IT person. The Board discussed this as one option, in order to keep the current Domain name in place. The Board also discussed the cost per each email address. The Board agreed that they would not all need individual emails, but the Mayor and Administrator should keep their email addresses. Mr. Gregory stated that definitely more education is needed on how this program works, what the extra costs might be, data storage recall and number of accounts. He spoke of the need to move money in the budget for all the repeated repairs for the International Truck. He would recommend $5,000 be taken from the DPW fuel line and moved to Repair line. Mayor Pulver stated he would add that transfer to the budget modifications which will be discussed later in the meeting. Mr. Gregory reported that the copier sold for $82 and has been picked up. The DPW truck tires have sold for $220 at Auction Internationals. He spoke briefly in regard to the American Tower Agreement. There were some language changes that he asked Counsel to review. This information will be discussed in Executive Session. He continued his report and advised that the DPW is working on the DPW Capital budget, they are working with an auction company to help determine a salvage value for the current equipment on hand. The Mayor commented that information should be available in a day or so. Mr. Gregory continued that the DPW has been obtaining quotes for the planned purchase of a new recycling truck. Quotes have been received from three different vendors. The quote, which is not the lowest, is from Tracey Road Equipment for a 2020 Western Star of $240,000. The lowest quote was for an International, which is the brand of vehicle that has cost the Village a tremendous amount of money for repairs this year and the DPW does not want to purchase International because of all the issues and problems that they have been experiencing with this brand. The building of the new vehicle will be one year and the crew would like to get the new unit ordered as soon as possible. The plan is to swap bodies on the current Truck 16 and Truck 9. Sell Truck 9. Keep Truck 16. The Board discussed the information presented. Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, the Board authorizes the Mayor to sign a contract with Tracey Road Equipment for the 2020 Western Star recycling vehicle one the contract is prepared and presented to the Village. All members present voting in favor. The Board discussed the purchase of the new lawn mower. Quotes have been obtained for the new unit from various vendors. Warner Sales & Service has a Hustler mower on State Contract pricing for $12,800 which fits the requirements of the Department. Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, authorization is given to place the order with Warner Sales & Service for a Hustler mower in the amount of $12,800. All members present voting in favor.
Brenda Jaquin - 611 Webber Drive – Code Complaint
Brenda Jaquin’s son commented that complaints have been filed with the Code Officer about their neighbors and he knows that the Codes Officer is doing the best he can, but the issues and concerns keep happening. The current complaint is in regard to the neighbor’s fence on theirs which is causing damage to their fence and that there are poisonous plants and vines growing over his fence into their fence and yard and the neighbor won’t take care of the problem. Both he and his mother have health issues asthma and allergies which makes it impossible for them to deal with the plant issue. The last complaint they filed was November 27 and it was just dealt with last week. Counsel Bell explained that the Code Officer is following the limited complaint procedure which does involve a notification and response process. The Board discussed the information. The owner, Sam Dunkley is responsible for maintaining, cleaning up yard and overgrown weeds. Counsel Bell commented that the matter between the neighbors is private and hopefully the property owners can work together to come to some resolve. Mrs. Jaquin also asked the Board about why her sewer bill was so high. The Board suggested she contact OCWA as the bill is based on water consumption.
Mayor’s Dinner Meeting
Upon the motion made by Trustee Baldwin, seconded by Trustee Horning, the Board authorizes payment of dinner/meeting in February for the Mayor’s Association if any Board member wishes to attend. All members present voting in favor.
Update Check Signers
The Board members discussed updating the signers for the various bank accounts. Upon the motion made by Trustee Bough Martin, seconded by Trustee Kopp, the signers for the bank accounts will be Jill Doss, Debra Thayer, Mark Pulver, Wayne Horning and Melinda Kopp. All members present voting in favor.
The Clerk Treasurer presented a proposed budget calendar for the Board to review. The workshop will be changed to April 4 from 2-5 p.m. due to the fact that some Trustees will be away in March. The public hearing for the proposed budgets will be April 9 at 7 p.m. Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, with the amendments noted above, the budget calendar approved. The Clerk-Treasurer was instructed to make corrections and circulate to all Department Heads and Board members. All members present voting in favor.
The Grand – Request to Use Dr. West Park
Trustee Bough Martin discussed with the Board a request that has come into the Clerk’s Office for use of Dr. West Park on June 7 by The Grand nursing facility for a recruitment fair. Trustee Bough Martin reported she has spoken with Joy Lomazzo who has made the request. She has been advised to fill out a park use application and also provide an insurance certificate to the Village. There is no conflict with the Artisan Market, so that is not an issue. The Board had no issue with the requested use. Trustee Bough Martin will get in touch with Joy and advise her.
Dig Safe Seminar
The Board reviewed a request from Code Officer Geer to attend the Dig Safe Seminar on March 12 from 8 a.m. to 12:30 with no cost, and four hours of training credit. Upon the motion made by Trustee Horning, seconded by Trustee Kopp, Code Officer approved to attend the seminar. All members present voting in favor.
The Board reviewed a request from Code Officer Geer to attend the NYSBOC Educational Conference in Liverpool, NY 4/2-4/19. Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, Code Officer Geer approved to attend the NYSBOC conference in June. All members present voting in favor.
Foreclosure Notification-Madison County
The Clerk advised that a notice of foreclosure was received from Madison County for the Charles Bennett property on Manor Drive. There is nothing that the Village needs to do, this is merely for notification purposes.
NYCOM Winter Legislative Meeting
The Board discussed the upcoming NYCOM Legislative meeting February 10-12 in Albany. Trustee Bough Martin and Trustee Kopp are planning to attend. Upon the motion made by Trustee Horning, seconded by Trustee Kopp, the Board authorizes attendance at the NYCOM Legislative Meeting. All members present voting in favor.
The Mayor advised that there will be a meeting on Friday to discuss inventory. Barton & Loguidice will be present at this meeting.
Nothing to report at this time.
Fund Balance Training
The Mayor advised that he will do a webinar with NYSOSC on fund balance January 23.
Forrest Seguin – Chittenango DG, LLC
Trustee Bough Martin advised that Forrest Seguin has started the survey of the Chittenango DG, LLC property.
The Mayor advised that work is continuing on the employment agreement for the SRO Michael Thomas, the School and the Village. Scott Mahardy from the School is working on the IMA.
NY-Class & Village Investment Policy
Counsel Bell spoke with the Board in regard to the Village’s Investment Policy. Under the current policy, Counsel Bell recommends some language changes.
Section VII Designation of Depositaries – be amended to reflect Community Bank
Section IX Collateralization and Safekeeping be revised to reference the depositary or third party
Bank in the first sentence and reference in parenthesis to (or the pro rata portion of a pool of eligible securities)” be deleted; and
Schedule A, the Section reference be amended from VIM to VIII and the “note” language be deleted. The Board discussed the proposed changes to the Investment Policy. Upon the motion made by Trustee Baldwin, seconded by Trustee Bough Martin, the Board approves the recommended language changes to the Investment Policy. All members present voting in favor.
Counsel Bell also recommended that the Clerk check with Community Bank to see if the 3rd party custody agreement is alright.
Counsel Bell advised that she had reviewed the documents sent to her for NYCLASS agreement. She has no objection to the Municipal Cooperation Resolution. The Board discussed the information presented. Upon the motion made by Trustee Baldwin, seconded by Trustee Kopp the following motion was moved and approved with all members present voting in favor.
WHEREAS, New York General Municipal Law, Article 5-G, Section 119-o (Section 119-o) empowers municipal operations (defined in Article 5-G, Section 119-n to include school districts, boards of cooperative educational services, counties, cities, town and villages, and districts) to enter into, amend, cancel, and terminate agreements for the performance among themselves (or one for the other) of their respective functions, powers, and duties on a cooperative or contract basis;
WHEREAS, the Village of Chittenango wishes to invest portions of its available investments funds in cooperation with other corporations and/or districts pursuant to the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 14, 2014;
WHEREAS, the Village of Chittenango wishes to assure the safety and liquidity of its funds;
Now, therefore, it is hereby resolved as follows:
That Jill A. Doss is hereby authorized to execute and deliver the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 14, 2014 in the name of and on behalf of the Village of Chittenango.
Once the agreement is signed and transmitted to NYCLASS the process will begin for acquiring data for beginning the investment practice.
Valley Acres – Diversion Structure
Counsel Bell advised that she has sent letters to the owner of records (at his two address locations) on two occasions and has not heard anything back from him. The Board discussed briefly the process of eminent domain. They Board also discussed the possible help the diversion structure would offer. John Brzuskiewicz from the Town suggested perhaps the Town could assist in contacting the individual about the proposed drainage project, as the property involved is just out of the Village boundary on Dyke Road. The Mayor will get information to John Brzuskiewicz.
Policy Review and Review of Bonodio report meeting
The Board spoke of establishing a work meeting to continue to discuss updating policies and also to review the draft report prepared by Bonodio. The Board will meet on February 19 at 9:15 p.m.
Workplace Violence Policy
Copies of the revised Workplace Violence Policy were given to each Board member earlier. Upon the motion made by Trustee Kopp, seconded by Trustee Bough Martin, the Board approves the revised copy of the Workplace Violence Policy. All members present voting in favor.
Book Kiosk-Kirschenheiter Park
Trustee Bough Martin reported that the book kiosk has been built for Kirschenheiter Park. When the weather clears the Kiosk will be placed at the Park; the Board will discuss at a later meeting more details about the location of the kiosk.
General Fund Abstract # 8- 458-521 $128,898.27
Upon the motion made by Trustee Horning, seconded by Trustee Baldwin, General Abstract #8 approved for payment as outlined above. All members present voting in favor.
Sewer Fund Abstract #8 110-127 $34,408.74.
Upon the motion made by Trustee Baldwin, seconded by Trustee Kopp, Sewer Abstract #8 approved for payment as outlined above. All members present voting in favor.
The Hartford Insurance $39.90
Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, The Hartford invoice $39.90 authorized to be paid. All members present voting in favor.
A1210.42 Mayor Publications increase $100
A1210.44 Mayor Comm. Events decrease $100
A1320.4 Auditor Contractual increase $1000
A1440.10 Consultants decrease $1000
A5110.47 DPW Fuel decrease $5000
A5110.48 DPW Veh Repairs increase $5000
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, budget modifications as outlined above approved. All members present voting in favor.
Upon the motion made by Trustee Baldwin, seconded by Trustee Bough Martin, the Board went into Executive Session to discuss lease of real property and possible payroll changes. The Board advised there might be action at the conclusion of the session. All members present voting in favor.
Upon the motion made by Trustee Bough Martin, seconded by Trustee Kopp, Board reconvened with no action taking place during the Executive Session. All members present voting in favor.
The Board members discussed the responses from American Tower in regard to the proposed amendments. Counsel Bell explained the proposed changes. Upon the motion made by Trustee Baldwin, seconded by Trustee Bough Martin, the Board authorizes the Mayor to sign the American Tower agreement subject to the language being included in the agreement and review by Counsel and changed related to the use and also confirmation of the accuracy of the legal description described in such document. All members present voting in favor.
With no further business, meeting adjourned at 11:12 p.m.
Jill A. Doss