May 24, 2016 Minutes
REGULAR MEETING – VILLAGE OF NORTHVILLE
Tuesday, May 24, 2016
The Village Board met Tuesday, May 24, 2016 at 7:00 PM at the village offices.
Present: John Spaeth, Mayor
Debra Ellsworth, Trustee
Matthew Ginter, Trustee
John Markiewicz, Trustee
Excused Sue Sedon, Trustee
Wendy Reu, Village Clerk, Recording Secretary
Treasurer Matthews
Highway Superintendent Reidell
Mayor Spaeth called the meeting to order at 7:00 p.m.
Motion to approve the minutes of the April 18, 2016 Organizational Meeting was made by Trustee Markiewicz, seconded by Trustee Ellsworth, and passed by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Motion to approve the minutes of the April 18, 2016 Budget Hearing was made by Trustee Ginter, seconded by Trustee Ellsworth, and passed by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Motion to approve the minutes of the April 18, 2016 Regular Meeting was made by Trustee Ellsworth, seconded by Trustee Markiewicz, and passed by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
PUBLIC COMMENTS – Dennis Wilson, representing Fulmont, introduced Vanessa Carey to the Board. He indicated Ms. Carey would be working in the Northville Fulmont office. He thanked the Board for their continued support of the Fulmont agency.
Zack Payne, a Life Scout from Troop 55, addressed the Board regarding a potential Eagle Scout project. He stated he would like to construct a free standing Chimney Swift tower somewhere in the Village to replace the chimney that was taken down several years prior. He indicated it was his hope that the birds would once again return to the Village and the longstanding celebration could continue. He stated he was approaching the board at this point to see if there were any ideas where a Chimney Swift tower could be placed. After brief discussion, it was determined that there was no Village owned property that would be suitable for a tower of this type. Mayor Spaeth suggested that the Town property, behind the Bradt building, might be a viable spot and he recommended that Scout Payne talk with the Town regarding permission to use their property for his potential project.
Chase Heavner, a Life Scout from Troop 55, presented his proposed project to the Board for their approval to move forward. He indicated he would like to redo the old bath houses at the beach. He stated he would like construct a new shed and a platform for a porta john closer to the road. Chase said he had previously met with Mayor Spaeth and was working with Highway Superintendent Reidell on his plan. He gave a detailed presentation on materials and costs for his project and addressed the need for permitting from HRBRRD. Highway Superintendent Reidell informed the Board that Chase has some great ideas and has been very good about the process involved with the project. Mayor Spaeth commended Chase on the job he has done so far. After discussion, Trustee Ellsworth made a motion to approve moving forward with Chase Heavner’s Eagle Scout project as presented. The motion was seconded by Trustee Ginter and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
PUBLIC HEARING
Mayor Spaeth opened the Public Hearing regarding Local Law #1 of 2016- Games of Chance, Limited to Raffles at 7:15 p.m. Local Law #1 of 2016 is as follows:
Chapter 68 Games of Chance, Limited to Raffles
68-1 Title
This chapter shall be known as the “Games of Chance, Limited to Raffles”
68-2 Definitions
Unless the context otherwise requires, the meaning of the terms used in this chapter shall be as follows:
AUTHORIZED ORGANIZATIONS – An authorized organization as defined in Subdivision 4 of Section 186 of the General Municipal Law.
GAMES OF CHANCE, LIMITED TO RAFFLES – Games of chance, limited to raffles as defined by Subdivision 3-b of Section 186 of the General Municipal Law
68-3 Games of Chance, Limited to Raffles, Authorized
Any authorized organization may conduct games of chance, limited to raffles, within the Village of Northville as provided in Article 9-a, Subsection 190-a of the General Municipal Law and as provided further in this chapter. Such games of chance shall be conducted in accordance with the laws of the State of New York and with the rules and regulations adopted by the New York State Racing and Wagering Board.
68-4 Penalties for offenses
Any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor as provided in Article 9-a, Subsection 195-k of the General Municipal Law.
68-5 Effective date
This Local Law shall not become effective unless and until it shall have been approved by a majority of the electors voting on a proposition submitted at a general or special election held within the Village of Northville who are qualified to vote for officers of the Village and thereafter filed in the office of the New York State Secretary of State.
Mayor Spaeth explained that earlier this year, a group sent a letter to the Board requesting to conduct raffles in the Village. They pointed out that there is a State law that requires that municipalities have a law in place in order for raffles or any games of chance to be conducted in their municipalities. He stated the Board realized that many groups in the community conduct raffles as fundraisers and while they didn’t want to get into any gambling, such as casino nights, bell jars, etc, they felt the need to be in compliance with State regulations to allow these not for profit groups to still continue their fund raising efforts through raffles. Mayor Spaeth stated a modified law was drafted that would allow only raffles to be conducted in the Village.
Jerry Wildermuth addressed the Board regarding the Local Law. He stated he was opposed to it. He stated games of chance are addictive, like alcohol, and he did not feel the law should be approved. He continued by stating if you open the door, it will evolve beyond just raffles over the years.
Reverend Hock, a resident of the Town, stated allowing raffles seemed like a small thing, but over time it will progress.
Mayor Spaeth spoke for the Board and informed the public present that as long as this Board is in place, it will not go beyond raffles. He proceeded by stating that there are 47 different not for profit organizations in and around the Village that have been conducting raffles for decades. He cited the Rotary, Fire Department, Lions Club, and scouting groups as just a few examples. He stated these organizations do good things for the Village and not allowing them to legally conduct raffles would be detrimental to people that depend on these organizations.
Trustee Ginter stated that the Law is not us trying to promote raffles, it’s us trying to protect the people and organizations.
Mayor Spaeth stated that this Local Law, if approved at tonight’s meeting, will be a proposition on the November ballot and will need to be approved by a majority of registered voters in the Village before it would become effective.
REPORT OF COMMITTEES:
Police –Mayor Spaeth cited the statistics in the police report for April, which is on file. There were four complaints handled, two of which were criminal. A total of 127 man-hours were expended.
Mayor Spaeth stated there seemed to be a reluctance to write tickets and make stops in the Village. He continued by stating that he would like to eventually have a part time officer on the books, possibly 20 hours a week in addition to the part time patrols that we have. He felt that an increased presence would help reduce some of the traffic concerns in the Village. Mayor Spaeth stated he hoped to bring a proposal to the Board for their review in the coming months.
Streets – Trustee Ginter reported that Spring cleanup continues. He indicated that the flags and banners were up around the Village. Mayor Spaeth reported that Highway Superintendent Reidell has two 17-year-old students, one a senior and the other a junior, both of whom are good workers that are interested in summer employment with the Village. He stated that because of their age, they would not be able to ride on the back of the garbage truck but could perform all the other duties of the positon. Mayor Spaeth indicated that Highway Superintendent Reidell was willing to work around those limitations. After discussion,
Trustee Ginter made a motion to approve hiring the two 17-year-old students based on Highway Superintendent Reidell’s recommendation at $ 10.00/hour. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Water – It was reported that usage decreased from 2,803,000 gallons in April 2015 to 2,311,000 this year. Water testing and operations were normal.
It was noted that the blow off that was put at the end of Skiff Road ran all winter. It was also noted that an account needs to be established for the purpose of billing for that water.
Fire – Fire Department Report for April 2016
| Village of Northville (4) | Lifenet 1
Mulch Fire 1 Standby 2 |
| Town of Northampton (6) | MVA 1
Dock Fire 1 Trees on lines 2 Alarm Malfunction 2 |
| Town of Hope (1) | Brush fire 1 |
| Town of Edinburg (1) | Brush fire 1 |
| Town of Mayfield (1) | Brush fire 1 |
| Mutual Aid Given (5)
Mutual Aid Received (2) |
Total Man-hours reported were 203.12
Code Enforcement – Mayor Spaeth reported three building permits were issued during May according to the Code Enforcement report on file.
Joint Youth – Mayor Spaeth reported that currently there is no one to run the beach this summer. He stated there needed to be a lifeguard manager in addition to a WSI for the camp portion. Mayor Spaeth indicated that the Youth Director was contacting DEC, the Town of Mayfield, and the YMCA to explore other options.
Comprehensive Plan – Trustee Markiewicz gave a report an updated report on the Comprehensive Plan Committee meetings. Mayor Spaeth stated the group is close to the end and should have a final draft of the plan for the Board to review soon. In anticipation of that, Mayor Spaeth would like to form a Board Review Committee of two Trustees to feed questions the Board may have to the Comprehensive Plan Committee. Mayor Spaeth suggested Trustee Markiewicz and Trustee Sedon for the Board Review Committee.
Park Use Requests – Mayor Spaeth discussed fees for the application. He stated he made an executive decision to have a refundable deposit rather than collecting fees. He suggested a $ 200.00 maximum limit with a sliding scale based on criteria such as civic use, personal use, previous history with the renter, etc. The Board was in favor of the refundable deposit system.
Request # 1 of 2016: Northville Merchant’s Association- Trail Days- June 4, 2016
The Board reviewed the information submitted and it was noted that this was a repeat event.
Trustee Markiewicz made a motion to approve the park use request by the Merchant’s Association. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Mayor Spaeth, Trustee Ellsworth, Trustee Markiewicz
Nay: 0
Abstain: Trustee Ginter
Request #2 of 2016: Love City Church- “Picnic in the Park” (A friends and family community wide picnic & live worship experience) – August 28, 2016
Mayor Spaeth reported that through communication with Pastor Frederick via phone and email, it was determined that this is an outreach event for the Church. They are looking to have a community picnic, service, and music in the park from 10 a.m. to 4 p.m. As this is the first year we have opened up the park for use outside of the previous civic groups that historically used it for events like the Doins’, Fall Fest, etc, Mayor Spaeth indicated that he had reached out to both the Village attorney and the New York Conference of Mayors for opinions on how to handle requests from religious entities for use of the park. He stated that all of the information was sent down for Attorney Greco to review who supplied the Board with a written opinion. Mayor Spaeth stated that as a municipality, the Village can allow normal church services, such as a sunrise service. He continued by stating that as per Attorney Greco’s correspondence, as soon as we give permission for a group to use the park to promote and draw new members or to solicit the general public to join its congregation, then it would be perceived that the Village is endorsing that particular religion and violating the Constitution’s “establishment clause”. After continued discussion, Trustee Ginter made a motion to deny the application based on the event and the Attorney’s opinion. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Mayor Spaeth, Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
TRANSFERS
Treasurer Matthews requested the following transfers:
$2,500.00
From: A1930.4 – Judgements and Claims
To: A1620.409 – Buildings – Contractual
$750.00
From: F8340.2 – Water – Transmission/Distribution – Equip.
To: F8340.401 – Water – Transmission/Distribution – Supplies/Materials
$250.00
From: F9010.8 – Water – State Retirement
To: F9030.8 – Water – Social Security
$1750.00
From: F9010.8 – Water – State Retirement
To: F8310.1 – Water – Admin Personal Services
Trustee Markiewicz made a motion to approve the transfers as presented. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Treasurer Matthews also presented the end of year transfers as follows:
| FROM: | Description | Amount |
| A3410.2 | Fire Equipment | $ 6,400.00 |
| A3410.408 | Fire Rent | $ 38,500.00 |
| TOTAL | $ 44,900.00 | |
| TO: | ||
| A9950.901 | Cap Resv Fund Fire Equip |
$5,000.00
From: A5110.411 Street – Paving/Sealing
To: A9950.903 Cap. Reserve fund for Street Equipment
Reason: To increase amount to put in reserve
$84,900.00
From: A9950.901 Cap. Reserve fund for Fire Equipment
To: RA5031 Inter-fund Transfer for Fire Equipment
Reason: Budgeted amount + Increase to put in reserve
$30,000.00
From: A9950.903 Cap. Reserve fund for Street Equipment
To: RB5031 Inter-fund Transfer for Street Equipment
Reason: Budgeted amount + Increase to put in reserve
$500.00
From: A1930.4 – Judgements and Claims
To: A1620.409 – Buildings – Contractual
$1,200.00
From: A5142.1 – Snow Removal – Personal Services
To: A5110.1 – Streets – Personal Services
$500.00
From: A5142.1 – Snow Removal – Personal Services
To: A8160.1 – Garbage – Personal Services
Trustee Markiewicz made a motion to approve the 2016 End of Year Transfers as provided. The motion was seconded by Trustee Ginter and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
PAYMENT OF BILLS
Bills to be paid from the General Fund in the amount of $11,396.63, from the Water Fund in the amount of $2,475.83 and from the Joint Youth Fund in the amount of $ 175.00 were presented for payment. Motion to approve payment was made by Trustee Markiewicz, seconded by Trustee Ellsworth, discussed, and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
OLD BUSINESS:
Mayor Spaeth presented Resolution # 7 of 2016, Authorizing Attendance at Seminars, that was missed at the Organizational Meeting as follows:
RESOLUTION #7-2016
Authorizing Attendance At Seminars
WHEREAS there is to be held during the coming official year, schools, conferences, and seminars conducted for the benefit of the Village of Northville, and
WHEREAS it is determined by the Board of Trustees that attendance by certain municipal officials and employees at one or more of these meetings, conferences or schools benefits the municipality,
NOW THEREFORE BE IT RESOLVED:
Section 1. That municipal officials and employees be authorized to attend these schools, conferences and seminars conducted for the benefit of the Village of Northville.
Section 2. That this resolution shall take effect immediately.
Trustee Ellsworth made a motion to approve Resolution # 7 of 2016 as presented. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Mayor Spaeth updated the Board regarding Cycle Adirondacks. He indicated that in the past, part of their event included entertainment, which they would not be providing this year. He stated that Cycle Adirondacks would like the host communities to supply bands as part of the event is connecting with the local communities. After discussion, Trustee Markiewicz made a motion to contribute $ 500.00 toward a band for the Cycle Adirondacks event. The motion was seconded by Trustee Ginter and approved by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Mayor Spaeth gave an updated on the CM5K. He stated the group still had concerns about not closing down Main Street during the race. He stated he was currently working with them as they have concerns regarding the spillway area.
NEW BUSINESS:
Mayor Spaeth informed the Board that there is a Main Street CFA grant opportunity coming up that would assist with Main Street façade renovations. He indicated it was a matching grant and the matching portion would come from the merchants. He indicated there would be no cost to the Village as MVEDD would be writing and administering the grant. After discussion, Trustee Markiewicz gave approval to proceed with submitting a grant through CFA for main street improvements. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Mayor Spaeth reported that there was another CFA grant opportunity coming up for planning for a joint municipal facility at the highway property. It was suggested that the Town, Village, and School share a maintenance facility on the property. He stated the Town and Village would apply for a matching grant to update plans for a facility. He indicated that the School could not be an applicant but they could lease space from the municipalities once a facility was created. Trustee Markiewicz made a motion to approve moving forward with a planning grant through CFA for a joint maintenance facility. The motion was seconded by Trustee Ginter and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Mayor Spaeth approached the Board regarding the playground equipment that was purchased several years ago and placed in the Town park. He indicated the Rotary was looking for additional space for their woodworking event which is a large draw for the community. As there is only one piece of playground equipment left in the park, the Rotary has volunteered to removed it in an effort to make more usable space in the park. After discussion, Trustee Ellsworth made a motion to allow the Rotary members to remove the remaining piece of playground equipment from the Town park. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Mayor Spaeth reported that he was approached by Supervisor Groff regarding a new sign out front of the Bradt building. It was reported that the proposed sign would be plastic in design with LED lights for the purpose of advertising meetings in the building. Mayor Spaeth stated that there would need to be a variance for an LED sign as the building was in a residential district. Mayor Spaeth stated that the Town was looking for the Village to contribute half toward the illuminated sign. Trustee Ginter stated he would like to see a sign that matched the building and the district. After continued discussion, the Board members agreed that they didn’t want an illuminated scrolling sign. They did agree that they would go halves on a new sign, more fitting the character of the district and the building but not an LED one.
Mayor Spaeth presented a request from the Fireman’s Association for reimbursement toward fire fighter flags for the cemetery in the amount of $ 144.75. Trustee Ginter made a motion to reimburse the cost of the cemetery flags. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
A request was received from NCS to block Third Street on June 24th from 6-8:30 p.m. for their outdoor graduation ceremony. Trustee Ellsworth made a motion to block Third Street as requested by NCS. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
A request was received from NCS to conduct a three-mile color run on June 2nd, from 3-5 p.m. on the route used by the Bike a thon. The would require the streets blocked off as they have been in the past. Trustee Markiewicz made a motion to approve the NCS Fun Run Request. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Mayor Spaeth presented a request from the Rotary for the Village to provide police coverage, porta johns, barricades, cones and garbage cans for their Woodworking event, July 15th through July 17th. The request indicated that the Rotary would donate $ 300.00 to the Village after the event. Trustee Ginter made a motion to approve the Rotary request. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
Highway Superintendent Reidell indicated that the Rotary requested that their event banner be hung on the firehouse instead of across Third Street. After discussion, it was noted that the Village only installs banners across Third Street. If the Rotary wanted their banner elsewhere, they would need to have a private individual put it up.
Mayor Spaeth presented a request from the Civic Association to conduct the Memorial Day parade on the usual route down Main Street from Reed Street to Washington Street. Trustee Markiewicz made a motion to approve the Memorial Day parade by the Civic Association. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
At 9:05 p.m., Mayor Spaeth made a motion to close the Public Hearing on Local Law # 1 of 2016.
Trustee Ginter made a motion to approve Local Law # 1 of 2016 as presented. The motion was seconded by Trustee Ellsworth and carried by voice vote as follows:
Aye: Mayor Spaeth, Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
At 9:11 p.m., Trustee Ellsworth made a motion to enter into Executive session to discuss a legal issue that has come before the Board. The motion was seconded by Trustee Markiewicz and carried by voice as follows:
Aye: Trustee Ellsworth, Trustee Ginter, Trustee Markiewicz
Nay: 0
Abstain: 0
The meeting resumed in Regular session at 9:16 p.m. on a motion by Trustee Markiewicz, seconded by Trustee Ginter, and carried by voice vote with no one dissenting. It was reported no action was taken.
ADJOURNMENT:
There being no further business before the Board, motion was made to adjourn by Trustee Markiewicz, seconded by Trustee Ellsworth, and passed by voice vote with no one dissenting. The meeting was adjourned at 9:17 p.m.
Respectfully submitted,
Wendy Reu
Village Clerk
