November 19, 2019 Regular Meeting Minutes

REGULAR MEETING – VILLAGE OF NORTHVILLE

Tuesday, November 19, 2019

The Village Board met Tuesday, November 19, 2019 at 7:00 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 7:00p.m. The Pledge of Allegiance was recited.

 

Motion to approve the minutes of the October 15, 2019 Regular Meeting was made by Trustee Sedon, seconded by Trustee Markiewicz, and passed by voice vote as follows:

Aye:                 Trustee Collins, Trustee Markiewicz, Trustee Sedon

Nay:                  0

Abstain:           Trustee Eckert (Absent from meeting)

 

PUBLIC HEARING:   Local Law #2 of 2019 Revision to Chapter 139 – Solid Waste

            At 7:03 p.m. John Spaeth opened the Public Hearing for Local Law #2 of 2019. He explained that the revisions in the proposed law centered around definition changes and clarification of collection regulations.

Wayne Stever stated that he lived on Hunter Heights Road and there is no pickup on that road. Mayor Spaeth indicated that Hunter Heights residents get their trash picked up on Ridge Road.

            As there were no other comments offered, Mayor Spaeth reported he would leave the Public Hearing open until the end of the meeting and proceeded to the Public Comment section of the Regular meeting.

 

PUBLIC COMMENTS – Tom Groff, representing the Northville Fireman’s Association, along with other Association members addressed the Board regarding a proposal to initiate a Fire District which would include the Town of Northampton, the Town of Benson, and the Village of Northville. Mayor Spaeth reported that Tom had met with him last week. He indicated that the preliminary step in establishing a district was to gauge interest to do the district. After discussion, Trustee Sedon made a motion to move forward with exploration of creating a fire district. The motion was seconded by Trustee Collins and carried by voice vote as followed:

Aye:                 Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon

Nay:                  0

Abstain:

 

Mr. Groff indicated that they would like to have a joint meeting of all the Boards with the Association on Thursday, December 12th at 7 p.m. It was reported that the meeting would be held at the Bradt Building and that the Town would be the lead on it and advertising it.

Robert Ellsworth asked when the repairs would be made to the arch in the Waterfront Park. Mayor Spaeth reported he could not give a status update on it as the person who was taking on the responsibility of maintaining it has not followed through. Mr. Ellsworth indicated he had spoken to Bill Coffey and that Mr. Coffey informed him that he didn’t have anything to do with the project after completion. Mayor Spaeth stated he was under the impression that Mr. Coffey was going to be doing the maintenance on the project. Mayor Spaeth stated he would look into the matter further.

 

REPORT OF COMMITTEES:

Police – No report.

 

Streets Highway Superintendent Dan Reidell’s monthly report was read. He reported that the crew had finished picking of leaves and brush for the season. He reported that the new packer was here and in service. Trustee Eckert commended the crew for the quick removal of the snow from the recent storm.

 

Mayor Spaeth reported that in light of the discussion of Hunter Heights Road from last month’s meeting, and resulting research into the subject of private roads, it was determined that we have one area in the Village that the crew has been doing work on which we shouldn’t be doing. He stated that Foster Road, past the Orendaga, has been maintained by the Village as it was previously understood that it was considered to be a fire road. He indicated that the fire road status must be declared by the fire department and as this has not occurred in the case of Foster Road, the road is a private road and there is no legal reason for the Village to be maintaining it. After discussion, Trustee Markiewicz made a motion to discontinue plowing all private roads, including Foster Road. The motion was seconded by Trustee Collins and carried by voice vote as followed:

Aye:                 Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon

Nay:                  0

Abstain:           0

 

Mayor Spaeth provided the 2020 renewal notice for use of the FC Solid Waste Management facility at Mud Road for the Board’s review. After discussion, Trustee Markiewicz made a motion to approve the renewal for use of the facility. The motion was seconded by Trustee Sedon and carried by voice vote as followed:

Aye:                 Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon

Nay:                  0

Abstain:           0

 

Water – It was reported that usage decreased from 3,110,000 gallons in October 2018 to 2,327,000 this year. Water testing and operations were normal. Water meters were read October 11th through October 18th. Water bills were distributed.

 

Fire – Fire Department Report for October 2019

Village of Northville             (1) Cellar Pump Out                 1

 

Town of Northampton           (4) Structure Fire                     1

EMS Lift Assist                 1

MVA                                   1

Hazardous Condition         1

Town of Edinburg                 (3) Fire Alarm Activation         1

Possible Structure Fire        1

Hazardous Condition            1

Town of Hope                       (0)
Town of Benson                     (0)
Mutual Aid Given                 (3)

Mutual Aid Received             (1)

Total Man-hours reported were – 9.03 hours

 

Code Enforcement – The monthly Code report indicated seven permits were issued in October. Mayor Spaeth reported that Anthony has completed his fourth certification call and has two left to go.

 

Dog Control – No Report

 

Joint Youth – Mayor Spaeth reported that the contract for the Town of Northampton was up for renewal. Trustee Eckert made a motion to renew the Town of Northampton JY contract through 2025. 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

 

Marketing Mayor Spaeth reported that CRG was going to be assisting the Village with creating a trifold brochure listing events in the Village. He stated they would be working with business owners to get the brochures distributed. Mayor Spaeth stated CRG would work with Village officials regarding what events should be included in the brochure.

 

Park Use Requests – None

 

Tree Commission- No Report

 

LWRP Committee- Mayor Spaeth reported that the committee met two weeks ago. He indicated they were preparing for a public meeting in January for an update on the list of prioritized projects. Trustee Collins stated that the priority projects were not set by the Board, they were set by the people that came to the public information sessions and returned surveys.

 

PAYMENT OF BILLS

Bills to be paid from the General Fund in the amount of $ 141,305.54, from the Water Fund in the amount of $ 11,433.51, and from the Joint Youth Fund in the amount of $ 1,435.59 were presented for payment. Motion to approve payment was made by 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

 

 

OLD BUSINESS:

            Mayor Spaeth reported that last month, some residents from Hunter Heights Road attended the Board meeting to request that the Village take a look at turning Hunter Heights Road into a Village street. He stated that several of those residents, along with other residents, were in the audience tonight and opened the floor for discussion on the matter.

Wayne Stever stated that the Town of Northampton plows Skiff Road, including the privately owned portion. He stated they don’t maintain it, but they plow it. Mayor Spaeth stated that plowing is considered maintaining a road.

Mayor Spaeth reported that over the last month, extensive research has been conducted on Hunter Heights Road, including obtaining property maps and deed information of all parcels that abut the road. He stated that the entire road is owned by the property owners whose property the road is laid out on. He indicated that a majority of the property owners have a deeded ROW to their parcels across the privately owned sections of road. He repeated that every bit of the road is owned by property owners as evidenced by tax maps and deeds. He stated in some instances, property owners own up to the center of the road and in other instances, property owners own the entire width of the road. Mayor Spaeth reported that it was stated in many of the deeds that it was the homeowner’s responsibility to maintain the road.

Mr. Stever reported that Peter Bradt plows the road, but he is concerned that there are three people with disabilities that live at the Christiano property down the hill. Mayor Spaeth stated that in the event of an emergency where 911 was called and they are having difficulty gaining access to the parcel, the fire department and ambulance crews can call the Village and the municipality can then assist by plowing or sanding as necessary. He also stated that the fire department has an argo vehicle they can utilize in areas where other vehicles might not be able to gain access. He stated both the FD and the ambulance squad have practiced transporting individuals with the argo.

Mr. Stever stated that that was all they wanted; to know that if there was an emergency that help would be able to get in to assist the individuals.

John Rager, a resident of Hunter Heights, asked if we could put to rest any idea of the Village taking over Hunter Heights. Mayor Spaeth reported that the Village has no intent of taking over the road. He stated the Board was approached by homeowners down there and the conversation today is the result of the investigation into their request. Trustee Collins stated that the Village does not have to take over an unimproved road. He stated the municipality decides what condition the road must be in, including topcoat and culverts, before a decision is made on whether it would be accepted as a Village street. He continued by stating that the cost of bringing the road up to municipal standard would rest on the property owners of the road.

Mayor Spaeth reported that under the proposed new zoning, there are Planned Development Districts (PDDs) designated in the Village. He said the situation that the residents of Hunter Heights face with a privately owned road would not have occurred had a plan like this been in place when the development was created. He stated that dedicated roads are one of the requirements of a PDD.

Gerry Ruggiero, a resident of Hunter Heights, asked what do we pay taxes for if we don’t get service. Mayor Spaeth stated that residents of Hunter Heights get garbage picked up on Ridge Road.

Brenda Rager, a resident of Hunter Heights, stated that they knew it was a private road when they bought there. She stated that’s what happens when you live on a private road.

Trustee Collins stated that the assessments on the parcels in Hunter Heights are partly based on the fact that they are located on a private road.

Mr. Rager stated that the user of the ROW is responsible to maintain the access to get through to their parcel. He stated they chose to live there.

Mayor Spaeth stated that it has been demonstrated that there are alternatives for emergency services to gain access to the parcels down there if necessary.

 

Mayor Spaeth presented a request from the Civic Association to conduct a Christmas Parade down Bridge to Main on Saturday, December 7th at 5 p.m. It was reported that the parade would end at the Waterfront Park where the tree lighting would be conducted. Trustee Markiewicz made a motion to approve the request of the Civic Association for the Christmas Parade and tree lighting in the Waterfront Park. 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

 

Mayor Spaeth reported that the Civic Association was also requesting $ 600.00 toward the horse drawn wagon rides for the tree lighting/parade event. Trustee Markiewicz made a motion to approve $ 600.00 for the wagon rides for the event. 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 gave an update on requests for quotes from Frontier and Spectrum for upgrading phone and internet service for the Village and Town offices. Mayor Spaeth stated that Frontier cannot provide anything higher than 40-megabyte service whereas Spectrum can provide 100 megabyte service. Currently, the cost for the Village and Town combined is $ 20,911.00 for phone and internet from Frontier. Mayor Spaeth stated that Frontier failed to provide a quote. He reported that Spectrum quoted $ 15,068.00 for the first year and $ 17,825.0 for second and subsequent years. Mayor Spaeth stated that at their recent Board meeting, the Town of Northampton agreed to move forward with a commercial service package and service level agreement from Spectrum. Mayor Spaeth reported that by upgrading to Spectrum phone and internet, it would assist the Village with upgrading the well house for monitoring and allow security cameras to be placed at the cold storage building as an example of additional benefits to the municipality. After discussion, Trustee Sedon made a motion to accept the Spectrum quote for phone and internet and to move forward with establishing a serviceable contract with them. 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 Local Law # 3 of 2019 – Proposed Chapter 170 Zoning and Subdivision Law in final format for the Board’s consideration of moving forward with establishing a date for a public hearing on the law. After discussion, Trustee Eckert made a motion to approve accept the Proposed Chapter 170 Zoning and Subdivision Law in final format as presented and move forward with scheduling a public hearing for the December 17th meeting. 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

Mayor Spaeth informed the Board that the Zoning law would have to be approved by a super majority, meaning four out of five affirmative votes. He indicated that our next meeting was December 17, 2019 and there was concern that some Board members might have a conflict with holiday concerts or events. After discussion, the Board agreed to move forward with scheduling the public hearing on December 17th at 6:30 p.m.

 

NEW BUSINESS:      

Mayor Spaeth reported that he had been approached by several people requesting that a skating rink be constructed in the Waterfront Park. On the whole, the Board felt it was a good idea and urged Mayor Spaeth and Highway Superintendent Reidell to move forward with gathering more information for discussion at the December meeting. Mayor Spaeth stated he would also have Treasurer Matthews explore liability concerns as well.

 

CLOSING OF PUBLIC HEARING:

At 8:29 p.m., Mayor Spaeth closed the public hearing on Local Law #2 of 2019 -Revision to Chapter 139 -Solid Waste. Trustee Markiewicz made a motion to adopt Local Law #2 of 2019 as presented. 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

 

ADJOURNMENT:

There being no further business before the Board, motion was made to adjourn by Trustee Sedon, seconded by Trustee Markiewicz and passed by voice vote with no one dissenting. The meeting was adjourned at 8:30 p.m.

 

Respectfully submitted,

 

Wendy L. Reu, Clerk