Minutes November 13, 2017
REGULAR MEETING – VILLAGE OF NORTHVILLE
Monday, November 13, 2017
The Village Board met Monday, November 13, 2017 at 6:30 PM at the village offices.
Present: John Spaeth, Mayor
Steve Collins, Trustee
John Markiewicz, Trustee
Matthew Ginter, Trustee
Sue Sedon, Trustee
Wendy Reu, Village Clerk
Nathanial Matthews, Treasurer
Excused:
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 October 17, 2017 Regular Meeting was made by Trustee Markiewicz, seconded by Trustee Sedon, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz. Trustee Sedon
Nay: 0
Abstain: 0
PUBLIC HEARING – Local Law #2 Pertaining to Streets, Sidewalks, and Trees
Mayor Spaeth opened the Public Hearing for the Local Law #2 at 6:32 p.m. Mayor Spaeth gave a history of the Local Law for the members of the public present. He stated that the original draft of a proposed law was made in 1991 for many of the same reasons. He indicated that the draft was tabled over the years for various reasons. Mayor Spaeth stated that in 2015, Highway Superintendent Reidell was looking at trimming street trees to allow safe pedestrian passage and stop damage to vehicles parking and driving in the Village. He indicated that he contacted the Village Attorney and was informed that the Village does own any tree that is in the right of way. At that time, the Attorney asked if the Village had a tree ordinance and we were told that we needed one if we didn’t have one. Mayor Spaeth reported that a temporary tree commission was appointed to draft a tree ordinance using the original draft from 1991 and from surrounding municipality ordinances. He indicated that the Board of Trustees has reviewed the proposed ordinance and made numerous changes which resulted in the document that is on the table tonight. Mayor Spaeth stated that the ordinance deals only with trees owned by the Village, which includes trees in the ROW and on any Village owned property. Mayor Spaeth indicated that there is a defined process for owners to request something be done with a street tree that is creating a problem, such as heaving a sidewalk, for example. He stated that the ordinance requires removal of stumps and replacement of a tree that is removed. Mayor Spaeth stated that homeowners will have input in the process, but that the ordinance assigns responsibility of trees in the ROW to the Village. He stated that if a tree is removed, the Village will take it down and the Village will trim and maintain trees in the ROW. Mayor Spaeth stated that the ordinance also defines penalties for unapproved removal of trees. Mayor Spaeth opened the floor to discussion on Local Law #2.
Gail Collins asked who decides who is appointed to the Tree Committee. Mayor Spaeth indicated that the Trustees would make those appointments. He indicated he would take names of any interested parties that were willing to serve on the Committee.
Bob Ellsworth stated he has a problem being told he would have to replace a tree if he had one taken down. He stated if the tree was creating a problem by overhanging in the street or hanging low on the sidewalk, putting another tree in that spot would create the same problem. He stated that sometime in the future, he would like to expand his business to the parcel he owns next door to his current business. He indicated that two trees would need to be removed to create a driveway for the business and he felt that this law would not allow him to do that. He asked if someone would have to be hired to determine the health of the trees in question. Mayor Spaeth stated that in determining the health of a tree, the Village would contract with the services of an arborist to make recommendations regarding trees if there is a dispute. Trustee Ginter stated that the situation of needing the trees removed for business expansion would be considered a hardship issue and he felt the Board would work with him when the time comes. Highway Superintendent Reidell stated that if a resident wants or needs their trees removed, there would be forms available for them to complete.
Mike Feldman stated that he liked the concept of the tree ordinance but had a problem with the smaller crab apple trees that have recently been planted. He stated that the small fruit from the trees creates a hazard on the sidewalks and the petals litter the sidewalks and create a slippery surface. Trustee Sedon stated that they are coming out with new hybridized trees that don’t produce fruit yet still blossom. She stated that many of these varieties were also resistant to salt. Mr. Feldman stated he would like to see fiscal responsibility when it came to replacing trees in the Village. Mayor Spaeth indicated $ 1,000.00 was budgeted for street trees.
As there were no other comments from the public, Mayor Spaeth stated he would hold the public hearing open until the end of the regular meeting.
PUBLIC COMMENTS – Brian Correll asked if any progress had been made with code issues at the old hotel. Mayor Spaeth indicated that the Code Enforcement officer would be writing a letter to the owner. Mr. Correll also asked about getting snowmobile access into the Village. Mayor Spaeth indicated that in the past they had been granted access to come across private property from the big lake to access the little lake. There was discussion about looking into ways to get more snow machine trails around the Village of Northville.
At 7:15, members of the NCS Fourth grade came before the Board to give a presentation on a project based learning opportunity they participated in. Their teacher, Jill Harris indicated the students were challenged to find solutions for real world problems. She indicated adults facilitated but the kids came up with the ideas on their own. She stated the challenge was to brainstorm for ways to provide community recreation at the Village owned Third Street property. Mrs. Harris indicated that surveys were distributed via social network sites and in the school and that they had received 378 responses. The students each presented various stages of their proposal. Overall, their project contained a splash pad, dog park, and a court that could be used for tennis, pickle ball, and ice skating. They had approximate costs of each items as well as a landscaping design. Mrs. Harris reported that the students went on a field trip to the property and did measurements which helped them think about the project in real terms. After the presentation, Mayor Spaeth thanked them for all the hard work they put into the project. He stated that the parents, school, and community is proud of the work that each and every one of them have done.
REPORT OF COMMITTEES:
Police – Mayor Spaeth reported there were 42 complaints handled in October, five of which were criminal.
Mayor Spaeth reported that the Village had received four bids for a new police car. The bids were as follows:
Carbone $ 28,839.00
Main Street Auto $ 29,638.00
Central Dodge $ 29,694.00
Genessee Valley Motors $ 33,908.00
After discussion, Trustee Ginter made a motion to award the bid for the 2018 Dodge Charger to Carbone in the amount of $ 28,839.00. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz. Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth presented Resolution #14 of 2017 that would allow Reserve Funds for purchase of the Police Vehicle through permissive referendum as follows:
WHEREAS it is the intention of the Governing Body of the Village of Northville to utilize funds that have been accumulated in a reserve fund the purpose of which is to support the purchase of a Police vehicle, which fund is designated A0230.5 Capital Reserve for Police Equipment, under General Municipal Law 6-c, and
WHEREAS the amount that will be utilized from the reserve fund should not exceed $40,000, and
WHEREAS the Village Law of the State of New York requires a permissive referendum in the event of taking such action,
NOW THEREFORE BE IT RESOLVED that the Clerk of the village of Northville be directed to take appropriate steps with respect to holding a permissive referendum on the issue of whether to purchase the Police Vehicle, and utilize funds not to exceed $40,000 from the reserve fund; toward that purpose; and
BE IT FURTHER RESOLVED that in the event that a sufficient number of valid petitions by registered voters is not received within 30 days of passage of this resolution, the resolution will take full force and effect.
Trustee Markiewicz made a motion to approve Resolution # 14 of 2017 as presented. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz. Trustee Sedon
Nay: 0
Abstain: 0
Streets – Trustee Ginter reported that five large pines were taken down by National Grid and a crane. He also stated that seven new trees have been planted around the Village to replace the ones that have been removed. Highway Superintendent Reidell indicated that the skid steer has been ordered.
Water – It was reported that usage increased from 2,137,000 gallons in October 2016 to 2,336,000 this year. Water testing and operations were normal. It was reported that meters were read and bills have been sent out.
Mayor Spaeth reported that there was discussion about putting in a 2” water line on the Town property by the cemetery to assist with watering the newly created soccer fields. It was noted that the Town and the School would split the cost.
Fire – Fire Department Report for October 2017
| Village of Northville (4) | Alarm Activation 2
LZ 1 Fuel Spill 1 |
| Town of Northampton (5) | MVA/Injury 1
Hazardous Conditions 2 Service Call 1 Illegal Burn 1 |
| Town of Edinburg (2 ) | Brush fire 2 |
| Town of Benson (0) | |
| Town of Hope (2) | Stand by 1
Alarm activation 1 |
| Mutual Aid Given (3)
Mutual Aid Received (3) |
Total Man-hours reported were 242.56
Trustee Markiewicz reported that he and Trustee Collins had attended the recent Fireman’s Association meeting. He indicated the Association members were adamant that the firehouse remain on Main Street. He also stated the members were happy with the plans that they had drafted and they did not want to amend the plans to include public restrooms. Trustee Markiewicz stated the Association members also would be keeping the storage barn out back for their use. Trustee Collins stated at this point, they are waiting for a response from the Board about whether the Village would be constructing a new firehouse. He stated he informed them they needed to provide the Village with the copies of their plans so we can open communication on a new building. Trustee Ginter stated that he had heard that they were looking at withdrawing their offer of turning the property over to the Village. Mayor Spaeth confirmed that in his discussion with Jim Lewek, the Association members were back to looking at getting private funding and building on their own so the issue is tabled until further notice from them.
Code Enforcement – Mayor Spaeth reported that there were 6 permits issued in October/November. He indicated that the CEO would be sending a correspondence out regarding code violations at the old hotel.
Marketing- Carla Kolbe provided a report on October/November events around the Village. She indicated there would be a Small Business Saturday campaign the Saturday after Thanksgiving.
PAYMENT OF BILLS
Bills to be paid from the General Fund in the amount of $ 80,851.71, from the Water Fund in the amount of $ 10,110.46, and from the Joint Youth fund in the amount of $ 144.16 were presented for payment. Motion to approve payment was made by Trustee Markiewicz, seconded by Trustee Collins, discussed, and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
OLD BUSINESS:
Mayor Spaeth presented Local Law # 3 of 2017 which Authorized Raffles in the Village 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.
He explained that the law was previously adopted in 2016 but because it is subject to public referendum, it needs to go on a ballot for approval. He stated we were initially told by our attorney that we could adopt the law and put it up at the next Village election but further investigation revealed that we would have had to had a special election as there was a timeframe that it needed to be concluded by. Because of the delay, we would have to re-adopt the law and put it on the ballot in March. Mayor Spaeth stated that since we initially adopted the law, the Town of Broadalbin and the Town of Mayfield adopted similar laws. He indicated that if the Town of Northampton chose to adopt the law, the Village would be included under their law, but the Town is not planning on moving forward with it. After discussion, Trustee Ginter made a motion to approve the proposed Local Law #3 of 2017 Authorizing Raffles in the Village and to schedule a public hearing at the December meeting. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth reported that the Zoning Committee would begin working on revising the Zoning in January. Trustee Ginter stated they would be public meetings, open to the public but with limited public input. He stated that there would be several public hearings scheduled, similar to the Comprehensive Plan process which will give the public the opportunity to voice their concerns. Mayor Spaeth stated that Brad Buyce had expressed an interest on filling the last seat on the committee. Trustee Markiewicz made a motion to approve Brad Buyce for the Zoning Committee. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
NEW BUSINESS:
Mayor Spaeth presented the 2018 Fire Contract rates for review. He indicated there was no change from the previous year but he stressed that the Board needs to look at potential increases in 2019. The rates are as follows:
Northampton $ 85,250.00
Benson $40,000.00
Hope $ 1.00
After discussion, Trustee Markiewicz made a motion to approve the 2018 Fire Contracts as presented. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth reported that the grant cycle for Records Management grants is open for applications. He indicated there was interest expressed in trying for a Shared Services Records Management grant between the Village and the Town to coordinate a space for storage of Code Enforcement Records and develop a system where they would be filed under the SBL for the parcels. He stated the upcoming grant opportunity would be up to $ 150,000.00 for a shared services grant with no matching funds required. He indicated the Village would be the lead agency on the grant application as they are in the best financial shape to make payments up front as it is a reimbursement grant. Mayor Spaeth indicated that the Town would share the cost of the grant writing services and he anticipated that would no be more than $ 5,000.00 total. He stated that the deadline for applications was mid January and we would have to move quickly to be able to get the paperwork completed. After discussion, Trustee Collins made a motion to approve that Mayor Spaeth obtain the services of a grant writer, up to $ 5,000.00, for the purpose of writing a shared services grant for records management between the Village and the Town. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth presented a request from the Civic Association to host a Christmas Parade on Saturday, December 2nd prior to the Christmas Tree Lighting in the park. It was noted that the parade would start at 4 p.m. and the route would be from Third Street, to Bridge, to Main and then entering the park. If the event was successful, the Civic Association would like to make this an annual event. Trustee Sedon made a motion to approve the Christmas Parade. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth presented a request from Hillary Habla, a teacher at NCS, to conduct a Food Panty Run on Friday, November 17th from 3 – 4 p.m. She indicated they would like to use the same route as the bike a thon. Trustee Markiewicz made a motion to approve the Food Pantry Run as requested. The motion was seconded by Trustee Sedon and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
A request was received from Mark Demeo to waive a $ 12.69 penalty on his water bill. He indicated the correct post office box number was not used and the Clerk indicated that he did provide a different post office box number as his mailing address but that the bill that was sent to the other address was never returned as undeliverable. After continued discussion, Trustee Collins made a motion to waive the penalty in this instance, one time only. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth presented the 2018 Landfill Use Renewal Application for approval. Trustee Markiewicz made a motion to approve the renewal application. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Mayor Spaeth discussed the concept of obtaining a village car for municipal employees/representatives to use when attending trainings. He stated that Treasurer Matthews had approached him regarding the opportunity to take over the lease of a vehicle he is currently leasing. Mayor Spaeth indicated that there were two years left on a three year lease. Mayor Spaeth stated he had been in contact with the Village Attorney and he did not feel there was a conflict of interest if the Village chose to move forward with this. He state that the cost over two years for the car would be approximately $ 6,600.00. Mayor Spaeth stated that currently the Village is paying about $ 2,400.00 in mileage annually for employees/ representatives that attend trainings. Trustee Collins asked if there was any idea how much use a Village vehicle would get. Trustee Sedon felt that maybe we could track potential use and get a better feel for the numbers before entering into it. During the discussion, questions were asked such as where the vehicle would be stored as it should be under some sort of cover. Trustee Ginter stated he wished it was a Town/Village Truck as he felt that would get more use. After further discussion, the Board agreed to not to move forward with the idea at this time.
Trustee Collins gave an update on the CERT program. He stated a $ 3,500 trailer has been purchased and that someone has to own the trailer that can insure it. He indicated that the Community Preparedness group will utilize it when and if it is needed. He requested that the Village take ownership of the trailer, insure it and store it in the cold storage outdoor area at the Delia Property. Trustee Ginter made a motion to take ownership of the Community Preparedness trailer and provide insurance and storage for the trailer. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
At 8:58 p.m., Mayor Spaeth closed the Public Hearing regarding Local Law # 2 of 2017 on a motion by Trustee Markiewicz, seconded by Trustee Ginter and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
Trustee Markiewicz made a motion to approve Local Law #2 0f 2017. The motion was seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Ginter, Trustee Markiewicz, Trustee Sedon
Nay: 0
Abstain: 0
ADJOURNMENT:
There being no further business before the Board, motion was made to adjourn by Trustee Ginter, seconded by Trustee Markiewicz and passed by voice vote with no one dissenting. The meeting was adjourned at 9:01 p.m.
Respectfully submitted,
Wendy L. Reu
Clerk
