January 21, 2020 Regular Meeting Minutes
REGULAR MEETING – VILLAGE OF NORTHVILLE
Tuesday, January 21, 2020
The Village Board met Tuesday, January 21, 2020 at 6:30 PM at the Village offices.
Present: John Spaeth, Mayor
Steve Collins, Trustee
Sue Eckert, Trustee
John Markiewicz, Trustee
Sue Sedon, Trustee
Absent:
Wendy Reu, Village Clerk
Nathanial Matthews, Treasurer
Mayor Spaeth called the meeting to order at 6:30. p.m. The Pledge of Allegiance was recited.
Motion to approve the minutes of the December 17, 2019 Regular Meeting was made by Trustee Markiewicz, seconded by Trustee Eckert, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
PUBLIC COMMENTS – Brian Correll asked if Water Street was the route for snow mobiles to come into the Village. Mayor Spaeth stated that Water Street is very dangerous and not good for them to use for access to the park area. Mayor Spaeth stated that in the past, Tom Wood had tried to allow them to come up the bank on his property but it was too steep. Mayor Spaeth stated they would look at alternatives to a safe route that could be utilized.
Bob Ellsworth asked if the Village was still going to be doing a skating rink. Mayor Spaeth indicated there were plans for a rink next winter. He stated that by the time the idea was presented to the Village, there was preparation and supplies that were needed and it was not feasible to have a rink this season. Mr. Ellsworth stated that he was talked to the merchants and they are interested in making donations toward the rink.
REPORT OF COMMITTEES:
Police – No report.
Streets – Highway Superintendent Dan Reidell reported the crew has been busy hauling snow and clearing banks around the Village.
Water – It was reported that usage decreased from 3,180,000 gallons in December 2018 to 1,971,000 this year. Water testing and operations were normal.
Trustee Sedon reported that the 2019 Water System Inspection report from the DOH received. It was reported that certain service connections with cross connection control devices have had their devices tested however reports are not being submitted. Trustee Sedon stated the report indicated that an inventory of devices and copies of test reports needed to be sent to DOH by January 31, 2020.
Fire – Fire Department Report for December 2019
| Village of Northville (4) | Stand By 1
Lift Assist 1 Alarm Activation 2
|
| Town of Northampton (3) | Lift Assist 1
MVA 1 Alarm Activation 1 |
| Town of Edinburg (2) | Stand By 1
MVA/Rescue 1 |
| Town of Hope (1) | Cancelled Enroute 1 |
| Town of Benson (1) | Hazardous Condition 1 |
| Mutual Aid Given (4)
Mutual Aid Received (4) |
Total Man-hours reported were – 10 hours
Mayor Spaeth discussed the steps taken in the process to form a Northville Joint Fire District to this date. He indicated the next formal step the Board needed to take was to authorize the establishment of the Joint District.
Trustee Markiewicz read Resolution #1 of 2020 which was as follows:
Resolution #1 of 2020
Resolution and Determination of the Board of Trustees of the
Village of Northville Authorizing the Establishment of the
Northville Joint Fire District
WHEREAS, Town Law §189-a authorizes the town board of a town or the town boards of more than one town and the board of trustees of an incorporated village located in such town or towns to establish in such towns and village a joint fire district for the purposes stated in such law provided all of the territory in such joint fire district shall be contiguous; and
WHEREAS, on December 12, 2019, the Board of Trustees of the Village of
Northville, the Town Board of the Town of Northampton and the Town Board of the Town of Benson conducted a joint meeting of the respective boards that was duly scheduled, noticed, and convened at a location within the proposed joint fire district, for the purpose of considering jointly proposing the establishment of a joint fire district; and
WHEREAS, pursuant to a resolution adopted by majority vote of the each of the boards present at the joint meeting, the Village Board of Trustees of the Village of Northville, the Town Board of the Town of Northampton and, the Town Board of the Town of Benson, agreed to jointly consider the establishment of a joint fire district and further agreed to meet jointly and conduct a joint public hearing on January 7, 2020 at 7:00 p.m. at the Northville Central School located 131 South Third Street, Northville, NY 12134, a location within the proposed joint fire district, and that the statutory Notice of Joint Public Hearing was prepared, mailed, published, and posted by the respective Town Clerks and Village Clerk as required by law; and
WHEREAS, on January 7, 2020 at the time and place aforesaid, the Village Board of Trustees of the Village of Northville, the Town Board of the Town of Northampton, and the Town Board of the Town of Benson conducted a joint public hearing and obtained evidence and heard all persons interested in the establishment of a joint fire district and considered if the establishment of a joint fire district was or was not in the public interest; and
WHEREAS, upon the establishment of the joint fire district proposed herein, the joint fire district would not become the sponsor of a service award program pursuant to General Municipal Law §216-b, and consequently, this resolution is not subject to mandatory referendum pursuant to Town Law §189-a(2)(b).
NOW THEREFORE,
BE IT RESOLVED, that after due deliberation upon the evidence and objections presented at the joint public hearing, the Board of Trustees of the Village of Northville hereby determines that the establishment of a joint fire district is in the public interest of the residents and property owners of the Village of Northville to be included in the proposed joint fire district; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Northville hereby determines that all property and property owners benefitted by the establishment of such joint fire district are included within its boundaries; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Northville hereby determines that all property and property owners within the boundaries of the joint fire district are benefitted thereby; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of
Northville hereby determines that such joint fire district be established in the Village of Northville comprised of those parcels and areas previously served by the Northville Fire Department that being the entirety of the Village of Northville, the entirety of the Town of Benson, and the entirety of the Town of Northampton with the exclusion of the area known as Fish House; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Northville hereby determines that the establishment of the Northville Joint Fire
District is subject to permissive referendum in the Village of Northville; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Northville determines that the Northville Joint Fire District shall be governed by a five-person Board of Fire Commissioners pursuant to Town Law §189-e, and that following the initial appointive Board, all future Boards of Fire Commissioners duly constituted shall be elective, as provided for and pursuant to the process set forth in Article 11 of the Town Law; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Northville determines that the restrictions on the alienation of real property or easements imposed by Town Law §189-f shall not apply and are hereby waived pursuant to this resolution; and
BE IT FURTHER RESOLVED, the Board of Trustees of the Village of Northville in conjunction with companion resolutions by the Town Boards of the Town of Northampton and the Town of Benson to establish the Northville Joint Fire District, hereby designates, directs, and appoints the Town Clerk of the Town of Northampton to prepare and file a certified copy of this determination and the companion determinations with the New York State Department of Audit and Control and to record a certified copy this determination with the Clerks of the Counties of Fulton and Hamilton as required by Town Law §189-d and such filing and recording shall be presumptive evidence of the regularity and validity of the creation of the Northville Joint Fire District and the acts of the above-named boards relating thereto; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Northville shall by agreement with the Town Boards of the Town of Northampton and Town of Benson appoint the initial five-person Board of Fire Commissioners and officers of the Northville Joint Fire District whose appointments shall be effective 12:01 am October 2, 2020, and upon the selection of such commissioners, the Town Clerk of the Town of Northampton shall provide for the requisite notifications on behalf of the municipalities as required by Town Law §174.
BE IT FURTHER RESOLVED, that the costs for the establishment of the joint fire district shall properly be a charge of the joint fire district following the first annual levy of the joint fire district.
Motion to adopt the Resolution made by Trustee Markiewicz, seconded by Trustee Eckert, and the Board of Trustees voted as follows:
Mayor John Spaeth AYE
Trustee Sue Sedon AYE
Trustee John Markiewicz AYE
Trustee Sue Eckert AYE
Trustee Steve Collins AYE
The RESOLUTION Passed subject to permissive referendum.
Trustee Collins reported that the Village Board will have a part in establishing the original Commissioners of the newly formed district.
Code Enforcement – The Code Officer reported he has been doing inspections and working on the Landlord Registry. He indicated he would be taking his final code classes this week.
Dog Control – The annual report was submitted by the Dog Control Officer.
Joint Youth – Trustee Sedon reported the Family Ball would be held on February 8th at NCS.
Marketing – Mayor Spaeth reported that he and Trustee Markiewicz would be meeting soon with CRG to discuss marketing.
Park Use Requests – Joint Youth was requesting use of the Waterfront Park on Saturday, September 5, 2020 to conduct the Ring of Fire 5K. Trustee Sedon made a motion to approve JY request as presented. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Don Wood was requesting use of the Waterfront Park on Sunday, May 17, 2020 to conduct the GSL Half Marathon. It was reported the event would be run the same way as last year. They would also need porta johns, police presence, garbage cans, and streets blocked. After discussion, Trustee Collins made a motion to approve the request for the GSL Half Marathon as presented. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Tree Commission- No Report
LWRP Committee- Mayor Spaeth reported the Committee is working on the policy section. He indicated that we are the first inland waterway community to get to this stage in the process and there needed to be clarification of policy for inland communities. He stated he anticipated another meeting in February with a public open session to be scheduled in the near future.
PAYMENT OF BILLS
The monthly financial report was reviewed and bills to be paid from the General Fund in the amount of $ 58,546.02, from the Water Fund in the amount of $ 6,204.40, and from the Joint Youth Fund in the amount of $ 334.38 were presented for payment. Motion to approve payment was made by Trustee Sedon, seconded by Trustee Markiewicz, and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
OLD BUSINESS:
Mayor Spaeth gave an update on the Cell Tower buyout offer. He stated that Treasurer Matthews had some answers to the questions that were posed at the last meeting. Treasurer Matthews stated that per the original contract, if they take carriers off or take the tower down, there is no requirement for them to continue the lease at all. He stated that either party can terminate the contract with 30 days written notice. Treasurer Matthews stated if the lease was terminated, the revenue stream would be gone. He indicated the Village has no leverage with the contract. He stated that the buyout would not extend the contract, it is for 50 years and can’t be revisited anytime soon. Mayor Spaeth reported that he has been researching upcoming technology. He stated that technology is changing, citing the emergence of satellite phones and increased use of repeater signals. Mayor Spaeth stated that he has been researching ways the Village could offset the loss of $3,500/month revenue generated by the cell tower contract. He stated that if the Village did move forward with the buyout, a large chunk of the funds could be put in a highway reserve which the Village would haven’t to fund from tax dollars. He felt the buyout option was coming at a good time for the Village as they are looking at funding some of the large projects in the LWRP, particularly the walkway at the spillway and dredging the Little Lake, both of which we might have to bond for if we don’t have a source for matching funds. Trustee Collins stated that if repeater technology replaced cell technology, they don’t need the Village’s permission to put repeaters on telephone poles. Mayor Spaeth stated that we have all the data available to us and that it is in our best interest to try and negotiate the highest offer before making a final decision. Treasurer Matthews stated that it is a reasonable offer, but he thinks there is a little room for negotiation. After discussion, the Board requested that Treasurer Matthews contact the company and negotiate for a higher offer.
Mayor Spaeth gave a NYSERDA update. He reported there were delays getting National Grid’s response. He indicated that he went to the supervisors with communications that originated back to 2018 in our attempt to get figures from National Grid. He stated they have missed several promised deadlines. Mayor Spaeth reported that this has been happening to several communities. As it stands now, he anticipates a quote from them four weeks from January 14, 2020.
Mayor Spaeth gave an update on the Spectrum conversion for the Village and Town municipal buildings. He indicated that Spectrum was finalizing the inventory lists and he hoped the project would commence shortly. Mayor Spaeth reported that the proposed contract will be split 50/50 between the Village and the Town.
Mayor Spaeth reported that there would be a Zoning workshop on February 4th at 6:30 p.m. He indicated that Scott Henze from the Fulton County Planning Department had agreed to attend, and he would be assisting the Trustees at taking a hard look at the new zoning to make changes as the Board feels necessary.
NEW BUSINESS:
Mayor Spaeth reported that budget time was approaching and that a Budget Workshop was scheduled for March 9, 2020 at 6:30 p.m. with our regular meeting to follow on March 17, 2020 at 7:00 p.m.
At 8:19 p.m., the meeting adjourned to Executive Session to discuss a Personnel issue on a motion from Trustee Markiewicz, seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
At 8:37 p.m., the meeting reopened in Regular Session on a motion by Trustee Collins, seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
It was reported that no action was taken during Executive Session.
ADJOURNMENT:
There being no further business before the Board, motion was made to adjourn by Trustee Collins, seconded by Trustee Eckert and passed by voice vote with no one dissenting. The meeting was adjourned at 8:38 p.m.
Respectfully submitted,
Wendy L. Reu, Clerk
