May 18, 2021 Regular Meeting Mintues
REGULAR MEETING – VILLAGE OF NORTHVILLE
Tuesday, May 18, 2021
The Village Board met Tuesday, May 18, 2021 at 7:00 PM
Present: John Spaeth, Mayor
Steve Collins, Trustee
Sue Eckert, Trustee
John Markiewicz, Trustee
Sue Sedon, Trustee
Absent:
Wendy Reu, Village Clerk
Nathan Matthews, Treasurer
Dan Reidell, Highway Superintendent
Public Attendance: Mike Warner
Mayor Spaeth called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited.
Motion to approve the minutes of the April 13, 2021 Special Meeting was made by Trustee Eckert, seconded by Trustee Collins, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Motion to approve the minutes of the April 20, 2021 Budget Hearing was made by Trustee Sedon, seconded by Trustee Eckert, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Motion to approve the minutes of the April 20, 2021 Organizational Meeting was made by Trustee Eckert, seconded by Trustee Collins, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Motion to approve the minutes of the April 20, 2021 Regular Meeting was made by Trustee Sedon, seconded by Trustee Collins, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
PUBLIC COMMENTS – No members of the public addressed the Board.
REPORT OF COMMITTEES:
Police – No report
Streets – The DPW report was read and is on file at the Clerk’s office. DPW Supervisor Reidell reported that the Fireman’s Association was allowing the Village to clear out some trees behind their barn to store the commercial dumpster there. He stated the problem he is running into now is finding a roll off. He stated the County has old ones but they won’t work with a roll off truck. Dan stated he was also looking at ways to secure the dumpster so prevent every day citizens from putting garbage in there.
Dan reported that the CHIPS funds increased this year. He stated it could be used for curbing, paving at highway department and also any public parking lots that we own.
Dan presented quotes from Barney’s Signs for a new sign at the Bridge approach to the Village. The quote for a painted sign was $ 1,400.00 and for a carved sign with carved gold leaf lettering it was $ 2,800.00. After discussion, Trustee Sedon made a motion to approve the quote of $ 2,800.00 from Barney’s Signs. 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
Dan reported that he would be putting out an advertisement for summer hires, 18 years of age or older.
Trustee Collins asked who pays for the electric for the car chargers in the park. Mayor Spaeth stated that the Village does. There was discussion as to whether the municipality should put in more chargers. Mayor Spaeth stated that as the electric vehicle population increases, more places will have them available.
Water – It was reported that usage decreased from 2,071,000 gallons in April 2020 to 1,927,000 this year. Water testing and operations were normal.
Mayor Spaeth stated that the Water Department is now reading meters with the MRX system. He stated that because of the radio read meters, all the meters in the Village can be read in a matter of minutes instead of days. He reported the Clerk provided data for the Board to review that was gathered during the last weekly read. Mayor Spaeth stated that as a result of the data, we are able to determine if there are issue with meters immediately and get them corrected early, which can result in less cost to the system and/or homeowner. Mayor Spaeth stated that the data also shows that there are 20 customers that have not yet completed the transition to radio read meters. He indicated that Water Supervisor Roosa reports that despite several attempts by Allen and Palmer reaching out these individuals, they still have manual read meters. Mayor Spaeth stated that these 20 meters are not able to be read with the same frequency as the remainder of the meters in the Village. He stated it requires the department to load data and physically go to each parcel. Mayor Spaeth stated that these manual meters are beyond their life expectancy and were supposed to have been replaced many years ago. Due to the age of the meters, they could be failing which impacts not only the integrity of our water system but could cause errors in reading resulting in higher bills for customers. Trustee Collins stated that there should be an additional fee for not having the radio read meter installed. Mayor Spaeth stated that when the original meters were put in, several residents were reluctant and as a result, the Board at that time established a fee that they would have to pay on each bill until their new meter was installed. Trustee Eckert asked what fee was recommended. Treasurer Matthews stated that the fee had to be high enough to entice the residents to contact Allen and Palmer for the radio read install. The Clerk pointed out that residents have already paid $90.00 for the installation of the radio read meter on their last November water billing yet that was not enough incentive to make the transition. Trustee Collins suggested $ 200.00 should be imposed on each bill until such a time that a radio read meter is installed. After discussion, Trustee Collins made a motion to impose a $ 200.00 surcharge, for each bill cycle, on any customer account that has not converted to radio read meters. 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
The Clerk was instructed to send notices to the water customers who still had manual read meters, advising them that they had until October 1, 2021 to make arrangements to have their meters converted to radio read meters or incur a surcharge on future bills.
Mayor Spaeth stated that it was also time to review water rates. He said that we historically review them every 3 to 4 years to assess whether we have enough money coming into the system to support it. He reminded the Board that the water system is self-sustaining and general funds cannot be used for the water system. Mayor Spaeth stated he had also received an email questioning how we bill apartments in the Village. He stated that apartments are viewed as commercial and that multi units are charged the first unit at a single-family residence fee of $ 35.00 and each additional unit is $ 87.50. He stated there is some discrepancy because we charge businesses with less than 10 employees $ 35.00. He asked that the Water Commissioners, Trustee Sedon and Trustee Markiewicz get together with Darryl and Treasurer Matthews and review what we have and come up with what changes we need to look at before the next billing cycle in the fall.
Mayor Spaeth reported that under Governor Cuomo’s orders, we are not able to relevy unpaid water during the State of Emergency and for a period of 180 days after the emergency is lifted. He also stated that we are required to allow water customers who experience financial difficulty during the pandemic to apply for a Deferred Payment Agreement. He indicated the Clerk has drafted sample documents and was asking for approval of them. After reviewing the documents, Trustee Markiewicz made a motion to approve the Deferred Payment Agreement paperwork. 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
Code Enforcement- Mayor Spaeth reported that Assemblyman Smullen and Senator Tedisco have legislation before the State to approve the home rule change for the Village that would allow opening up our hiring boundaries to abutting counties. Mayor Spaeth stated that Dan Reidell is willing to do Code Enforcement for the Village but we cannot appoint him until the legislation is signed. Mayor Spaeth stated that a stipend would be established for the job.
Dog Control – The Dog Control Officer’s report is on file in the Clerk’s office. It was reported there were four calls in May for a loose dog, barking dogs, and someone wondering about the rules for dogs.
Joint Youth – Trustee Eckert reported they are having a follow up meeting this week to determine whether the beach will be opened or not. She said the Commission members had additional questions and instructed Treasurer Matthews to ask the attorney. Treasurer Matthews reported he had spoken with the attorneys and was told that as long as there is proper signage: Beach Closed, No Lifeguard on Duty, No Trespassing; there was not an issue with keeping the gate open despite the beach being closed. He stated that we can be sued either way, whether the gates are open or closed. Treasurer Matthews stated that from an insurance standpoint, we are covered either way as well due to the waterfront exposure. He stated that the bottom line is since both the Village and the Town jointly hold the permit for the area, both are covered no matter what and can be sued no matter what. Trustee Sedon stated that the Commission would not be running the beach portion this year due to costs. She stated it would be $ 27,500 just for seven weeks. Mayor Spaeth reported he spoke with Supervisor Groff and that they were both on the same page regarding the beach. He indicated that if JY decided not to have the beach program, the decision on whether or not to leave the gate open would rest with the municipalities. Mayor Spaeth suggested leaving the gate open with all the appropriate signage. He indicated this would alleviate the issue with cars parking illegally out on the highway. Mayor Spaeth stated that we can have our PD make a swing though the beach area before the end of their shift to make sure no one is camping overnight. After discussion, Trustee Eckert made a motion that if JY decides to not run the beach program this season, that the beach will be closed with the gates left open and all the appropriate signage and police patrol in the evening. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay : 0
Abstain : 0
LWRP- Mayor Spaeth gave an update on where we stand with the LWRP. He indicated he has been working with Elan Engineering to get quotes for a walkway adjacent to the roadway. He stated that CFA has opened up and we would like to apply to get in the current years grant cycle. He indicated that $ 27 million has been allocated in LWRP funds this year state wide. Mayor Spaeth stated he is also working with Elan regarding grant funding for dredging the Little Lake.
Park Use Requests – Trustee Collins drafted new park use application procedures for the Board’s consideration with respect to reserving the park. He said the goal was to streamline the process to give the Clerk authority to approve certain types of requests without having to wait for a Board meeting. Mayor Spaeth stated that the goal of the application process was to avoid duplication of large events, control alcohol consumption and provide for cleanup at the park after an event. He stated he felt the Clerk could approve recurring annual events with known agencies, such as SVAN, Boy Scouts, Girl Scouts, etc. with appropriate application and certificates of insurance. The Board agreed and indicated that events that involved alcohol, multi day requests, or events where there was a potential for additional waste to be made that would require the street crew to pick up should be brought to the Board for their approval.
END OF YEAR
Trustee Eckert made a motion to authorize salary increases for all bi-weekly employees to take effect with the first payroll with a pay date falling in June 2021, which encompasses May 15, 2021 through May 28, 2021; and to authorize non-modified accrual of the first payroll with pay date on or after June 1, 2021. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Treasurer Matthews requested the following End of Years Transfers:
$4,000.00
From: A1325.4 Clerk/Treasurer – Contractual Exp
To: A1325.1 Clerk/Treasurer – Personal Services
Reason: Cover end of year payroll
$30,000.00
From: A9950.903 Cap. Reserve fund for Street Equipment
To: A5031 Inter-fund Transfer for Street Equipment
Reason: Transfer to reserve as budgeted
$2,500.00
From: A9950.905 Cap. Reserve fund for Police Equipment
To: A5031 Inter-fund Transfer for Police Equipment
Reason: Transfer to reserve as budgeted
$25,000.00
From: F8340.4 Water – Transmission/Distribution – Contractual Exp
To: F9950.9 Cap. Reserve fund for Water System Improvements
Reason: To increase amount being put into reserve
$25,000.00
From: F9950.9 Cap. Reserve fund for Water System Improvements
To: F5031 Inter-fund Transfer for Water System
Reason: Transfer to reserve as budgeted with increase
Trustee Collins made a motion to approve the end of year transfers as requested. 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
PAYMENT OF BILLS
The monthly financial report was reviewed and bills to be paid from the General Fund in the amount of $ 34,214.87 from the Water Fund in the amount of $ 8,444.76, 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 reported that at the previous meeting of the Board, it was moved to not opt out of the recently adopted NYS Marijuana legislation that would allow retail sale in the municipality. He stated that the surrounding Towns: Mayfield, Northampton, and Edinburg are all planning to opt out and he wanted to provide that information to the Board. After brief discussion, the Board maintained their desire to stay with their original decision of not opting out.
Mayor Spaeth stated the Village will be conducting a Memorial Day Ceremony on Monday, May 31st at 6 p.m. He stated there would be no parade but the police car, a fire truck, and ambulance will be part of a procession that will place ceremonial wreaths at the spillway, Prospect Cemetery, and Post Office monument before stopping at the Main Street cemetery in front of the Methodist Church. He indicated there would be a series of speakers and musicians during the ceremony.
Mayor Spaeth reported that the group organizing garage sale weekend the first weekend in August is requesting porta johns to be placed around the Village. Trustee Eckert made a motion to provide porta johns for garage sale weekend as requested. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
NEW BUSINESS:
The Clerk reported that the Farmers’ Market would be conducted in the park on Saturdays from June 26th through September 4th. Mayor Spaeth reported that Sandy Yates has agreed to be the Assistant Manager and asked for a motion of approval. Trustee Sedon made a motion to approve Sandy Yates as Assistant Manager of the Farmers’ Market at the same rate as last year. 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
Mayor Spaeth presented a request for reimbursement of $ 644.47 to Sacandaga American Legion Post # 1076 for half the cost of purchase of American Flags for Memorial Day 2021. Trustee Markiewicz made a motion to reimburse $ 644.47 to the American Legion for veteran flags. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth reported that the Lions Club were requesting to conduct their annual coin drop on July 17th on Bridge Street, with a rain date of July 24th. Trustee Sedon made a motion to approve the Lions Club coin drop as requested. The motion was seconded by July 24th and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth reported that NCS provided a request to conduct a promenade parade along the established Halloween parade route of Center, Main, and Bridge on June 12th from 4:45 p.m. to 5:30 p.m. Trustee Markiewicz made a motion to approve the promenade parade for NCS as requested. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
In anticipation of their outdoor graduation ceremony on June 25th, NCS was requesting that Third Street be blocked from Center to Washington. It was noted that the rain date of graduation would be June 26th. Trustee Eckert made a motion to approve blocking Third Street for graduation as requested by NCS. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth stated that NCS was also requesting that the NPD vehicle escort their senior parade prior to the graduation ceremony, similar to last years parade. Trustee Collins made a motion for the PD to escort the senior parade as requested. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
NCS Marine Science teacher, Jamie Dickinson reported that her class is doing a project on storm drains on the village. They will be mapping out the drains and adding signage to drains that lead to the lake.
Mayor Spaeth presented Resolution #8 of 2021 as follows for the Board’s consideration:
Resolution # 8 of 2021
Resolution Requesting the Rescinding of the NYS Fiber Right of Way Fee
Whereas, the 2019-2020 New York State budget contained language that enacted a right-of-way use and occupancy fee for any fiber optic cables located in or crossing a state-controlled right of way and authorized the New York State Department of Transportation (DOT) to enter fee bearing permits with fiber optic installers and;
Whereas, the 2019-2020 state budget also added Section 7 of the Transportation Corporation Law, allowing the DOT to charge fiber optic corporations installing and operating the utility lines for fair-market use and occupancy of the state right-of-way and;
Whereas, in early 2020 organizations, businesses, legislators and residents of northern New York became aware of the fee because the DOT started charging the fee and;
Whereas, in the rural counties of the North Country it’s virtually impossible to install fiber optic cables for any distance without utilizing or crossing a state right-of-way and development requirements within the Adirondack Park almost entirely preclude installation of broadband in any location other than an existing state right-of-way and;
Whereas, the coronavirus pandemic has caused more people to be working from home and more students to be learning from home, and has increased the use of telemedicine, thus magnifying the need for additional broadband services in unserved and underserved areas so rural residents can engage in everyday activities and;
Whereas, Governor Cuomo, in his 2021 State of the State address championed his Connectivity Agenda which includes, among other provisions, enactment of a requirement for affordable internet for low-income families and a series of actions to promote broadband build-out and market competition and;
Whereas, the Governor said, “And without affordable broadband, people are not just disconnected, they are disenfranchised. Broadband must be available to everyone, everywhere. And in New York we will make sure it is” and;
Whereas, the DOT fiber right-of-way fee is acting as a significant financial deterrent to broadband build-out in rural areas, with some projects already cancelled and others put on hold due to the fact that these fees will cost providers hundreds of thousands, and in some cases, millions of dollars annually, and
Now, therefore be it
Resolved, that the Village of Northville Board of Trustees formally opposes the enactment of the DOT right-of-way fees on fiber optic cable and urges the Governor and the New York State Legislature to rescind the right-of-way use and occupancy fees on fiber cable immediately so that the Governor’s pledge can be fulfilled and the expansion of the fiber network in the North Country can continue in order to serve critically unserved and underserved areas.
Trustee Markiewicz made a motion to approve Resolution # 8 of 2021 as presented. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
ADJOURNMENT:
There being no further business before the Board, motion was made to adjourn by Trustee Markiewicz, seconded by Trustee Sedon and passed by voice vote with no one dissenting. The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Wendy L. Reu, Clerk
