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1 Village of Fair Haven Board of Trustees Meeting & Public Hearing March 12, 2018 Village of Fair Haven Local Law No. 3 of the year 2018 A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Village of Fair Haven to adopt a budget for the fiscal year commencing June 1, 2018 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Board of Trustees of the Village of Fair Haven, County of Cayuga, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2018 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. The Board of Trustees meeting was called to order at 7:00 p.m. followed by the Pledge of Allegiance. The public hearing remained open. Board members present, Mayor James Basile, Deputy Mayor Walter Krehling, Trustee Judith Dunaway and Trustee Pete Hanford. Trustee Holley Webster-Goolden was excused due to a broken ankle. Also present, Village Clerk-Treasurer Terri DiGregorio, Ambulance Supervisor/Zoning Officer Stan and 32 guests. COMMUNICATIONS: • The April 9th board meeting will be the organizational meeting and budget hearing. • Next Cayuga County Association of Villages meeting will be held March 26th at the Springside Inn at 6pm hosted by the Village of Cayuga. The minutes of the 10/24/17 and 1/23/18 meetings were submitted for review. • ZBA members Sharon MacLeod received 5 hours of training and Christopher Drogi received 3 hours of training on 3/1/18 while attending the Onondaga Planning Federation Symposium. It was noted that Susan Stanistreet also attended. • In receipt of Fair Haven Library Trustees Special Meeting minutes from 2/28/2018. • In receipt of $9,351.31 from Charter Communications for the annual cable franchise payment. PUBLIC FORUM: • Planning Board member Debra Rose stated she is present regarding proposed resolutions and a proposed law for a temporary moratorium on development in the central business district (CBD) by the Planning Board. Many meeting attendees stated they too were present regarding the temporary moratorium and had comments regarding the size limits of proposed construction and what should be allowed in the CBD. Mayor Basile stated revisions to the zoning would come after first addressing revisions to the comprehensive plan. The Planning Board is presently revising the Village of Fair Haven portion of the comprehensive plan in conjunction with the Town of Sterling as they revise their comprehensive plan. ---PAGE BREAK--- 2 A public hearing will be set for either April 17th or 19th regarding the proposed law on the temporary moratorium as it is currently in the hands of Village Attorney Chirco for approval. It was noted by Zoning Officer that there are no pending building permit applications at this time regarding plans to build in the CBD. • Charles & Daria Bour stated they were in receipt of a letter from Village Attorney Chirco regarding the ownership of the boat house at the end of the Lake Street right-of-way. They wanted to clarify that they did indeed own the boat house as the ownership dated back to circa 1900. The boat house is located at the edge of the bay near the sewer pump station. Due to the flooding in 2017 the integrity of the retaining wall is in question. The Village is seeking funds from FEMA to reinforce the wall. The Bours are open to reaching a mutual agreement regarding a solution to shore line stabilization. • Fair Haven Area Chamber of Commerce member Karen Thompson informed the Board that May Fest will be held May 19th in Central Park. This year’s festival proceeds will benefit the West Barrier Bar Park. • Mike Hanford asked the Board why his Freedom of Information (FOIL) request to obtain a copy of the digital recording of the January Board of Trustees meeting was denied. He heard offensive comments had been made at that meeting and wanted to listen to the recording. Mayor Basile stated the request was denied by the Village Clerk-Treasurer under advisement of the Village Attorney as the digital recording of a meeting is a tool to assist the Village Clerk when typing the minutes. After Board meeting minutes are approved the recordings are deleted. • Chris Drogi and Susan Gately attended a Harmful Algae Blooms (HAB) meeting. Together they informed the Board and meeting attendees of a study of 12 lakes across the state. Unfortunately, Little Sodus Bay/Blind Sodus Bay is not on the list. Chris suggested SUNY ESF be contacted by the Town of Sterling and Village of Fair Haven boards to test the bay. Mayor Basile added that connection to the public sewer by village residents has contributed to the cleanliness of the bay. The meeting was paused as a retirement cake was brought out to celebrate Trustee Pete Hanford’s retirement as a Board of Trustees member. MINUTES: The February 8th and 12th meeting minutes were approved with a revision on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. ABSTRACT #10 VOUCHERS: The following vouchers were approved for payment on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. • General Fund: $26,358.66 • Water Fund: $3,693.08 • Trust & Agency: $3,726.61 • NYMS Grant: $20,000.00 • February Payroll: $49,025.95 General Fund Budget Modifications: The following budget modifications were approved on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. ➢ Transfer $1300.00 from Zoning & Variance Fees to Planning Board Contractual ➢ Transfer $934.00 from Insurance Recoveries & $573.50 from Gifts & Donations to Attorney Contractual ➢ Transfer $1439.69 from Snow Removal Equipment to Snow Removal Contractual ➢ Transfer $150.00 from Trustee Contractual & $9.51 from Deputy Mayor Contractual to Mayor Contractual Water Fund Budget Modifications: ➢ Transfer $1289.74 from Source of Supply Equipment Capital Outlay to Transmission & Distribution Contractual COMMITTEE REPORTS: • The February DPW report submitted by Roger Granatiero was accepted on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. It was noted that wood chips are available for the public across the street from the village hall. ---PAGE BREAK--- 3 • Treasurer’s report submitted by Terri DiGregorio for period ending 2/28/2018. General fund balance $659,095.54 which includes WBB $4,844.58, Water fund $134,993.75, Trust & Agency $23,458.97, $1.00 and CDBG $1.00. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Hanford. All aye, motion carried. • The February Ambulance report submitted by Stan was accepted on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. • The February Code Enforcement report submitted by Stan was accepted on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. It was noted about 5% of the village residents are not connected to the public sewer. Suzanne LaSalle submitted a letter requesting additional time to connect to the public sewer. Zoning Officer will contact her regarding the May 31st deadline. UNFINISHED BUSINESS: • Blair Supply representative John Murphy attending the March 8th agenda meeting. He demonstrated the Badger Beacon Mobile AMA Software and meter reader system. Revised quotes have been received. The matter will be tabled pending quotes from other vendors. • NYSERDA grant update: The LED street lighting ended up being too costly, therefor an electric vehicle and insulation for the garage will be installed under the CEC grant application. Approval was given for Mayor Basile to sign related documents for grant submission on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. • FEMA update: FEMA and State representatives worked with Clerk-Treasurer DiGregorio and DPW Superintendent Granatiero compiling data this past Wednesday. Another meeting will take place this Thursday regarding inspections of the damage. • NYMS Grant: RFP’s for administration have been posted and sent to newspapers. The deadline to submit proposals is noon on 3/23, to be opened and decided on 4/5 or 4/9. The Board of Trustees discussed putting together a Steering Committee to review and score projects. • SAM/DASNY Grant: Senator Helming’s office has secured a $50,000.00 grant for the Village of Fair Haven for village hall renovations. These renovations could include a larger meeting room, records storage room and ADA compliant bathroom. • There are a few people interested in being on the Architectural Review Committee. Duties of this committee were discussed with no decisions made at this time. This committee may be helpful when revising the zoning. NEW BUSINESS: Resolution Authorizing Correction of Tax Error in the Village of Fair Haven WHEREAS, a petition for a correction has been received by the Village Clerk-Treasurer, from Cayuga County Real Property Tax Services and the Town of Sterling Assessor to correct a clerical error in essential fact as specified for the 2017 Village Tax Rolls, and; WHEREAS, the petition for correction was received too late to make the necessary adjustments before the extension of taxes, and; RESOLVED, that a refund of any overpayment of taxes be made, as is applicable; and be it further RESOLVED, that the refund be issued as follows: Name Tax Map # Address Year Amount Franklin D. Lozier 11.08-2-65.4 Sunset Hill Road 2017 $50.73 On a motion by Deputy Mayor Krehling and a second by Trustee Dunaway the resolution was approved in accordance with the following vote: Voting on Resolution Yes No Absent/Abstained James Basile, Mayor [ ] [ ] [ ] Walter Krehling, Deputy Mayor [ ] [ ] [ ] Holley Webster-Goolden, Trustee [ ] [ ] [ ] Judith Dunaway, Trustee [ ] [ ] [ ] George Hanford, Trustee [ ] [ ] [ ] Terri M. DiGregorio, Village Clerk-Treasurer ---PAGE BREAK--- 4 Resolution in Support of the Community Walking/Biking Trail The Board of Trustees supports the community effort to complete a walking/biking trail from the Fair Haven Village sidewalks to the West Barrier Bar Park along West Bay Road for the use and safety of residents and visitors. The resolution was approved on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. • On a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling, the Sawyer Associates, LLC proposal for landscaping for the 2018 season was approved. All aye, motion carried. • Mayor Basile appointed Linda Clum to the Planning Board with approval of the Board of Trustees on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. • The Board is in receipt of the signed contract with Sterling Planning Services and the 2/20/18 Planning Board minutes • The Sterling Silver Seniors submitted their summer bus trip schedule to the Board of Trustees. • On a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling permission was given to DPW Superintendent Roger Granatiero and Water Operator Carrie Bolton for travel expenses and attendance at the New York Rural Water Association Annual Technical Training & Workshop at the Turning Stone Casino May 21 – May 23. All aye, motion carried. • The donation of a Poulan push lawn mower valued at $50.00 was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. The Board entered into executive session at 10:00pm to discuss collective negotiations pursuant to article fourteen of the civil service law on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. The Board exited executive session at 10:07pm on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. No decisions were made during executive session. CLOSE PUBLIC HEARINGS: The public hearing was closed and the local law #3 adopted on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. ADJOURNMENT: The meeting was adjourned at 10:08pm on a motion by Trustee Hanford and seconded by Trustee Dunaway. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio, Clerk-Treasurer, RMC, CMFO, CMC