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1 Village of Fair Haven Board of Trustees Meeting November 9, 2015 The meeting was called to order at 7:00 p.m. followed by the Pledge of Allegiance. Board members present Mayor William McVea, Deputy Mayor Walter Krehling, Trustee Judith Dunaway, Trustee Holley Webster-Goolden and Trustee Pete Hanford. Also present Clerk-Treasurer Terri DiGregorio, DPW Superintendent Roger Granatiero, Deputy Clerk Johanne Van Der Linden, Village Historian Susie Parsons, Vivian Sciarabba, David Don Chamberlain and Frank Perkins. COMMUNICATIONS: In receipt of $94,145.12 in quarterly sales tax from Cayuga County which puts the Village budget ahead by $12,688.00. Cayuga County Association of Villages meeting will be held November 24th 6:30 at Lasca’s Restaurant in Auburn hosted by Port Byron. Speaker will be Mayor Svante Myrick from the City of Ithaca. RSVP by 11/18 In receipt of a letter of thanks from the Sterling Senior Citizens group for supporting the bus trips. The letter elaborated on the trips they took this past year and the costs of the trips. In receipt of 9/30/15 “Open Claim Quarterly Loss Run Report” reflecting one open and one closed claim. In receipt of $4,251.50 from Town of Sterling, half of weekend clean-up billing for furnishing dumpsters to Village of Fair Haven and Town of Sterling residents. In receipt of a letter from NYMIR regarding insurance rate increases for 2015-2016. The overall impact could be an average of 3.5%. The Villages automobile policy could see an increase of 10% or more. The Stagles home at 14848 Lake St. Ext. was approved by the Board of Trustees at the November 5th agenda meeting for grant funding under the 2013 Community Development block grant. PUBLIC FORUM: David inquired about the suspended employee and when the court date would be. Mayor McVea responded it has yet to be decided. Frank Perkins, on behalf of the Sterling Seniors, requested an increase in funding for the trips for next year. Mayor McVea stated it will be considered when the Board starts working on the 2016-2017 budget. Mr. Perkins also commended the Board of Trustees for the improvements to the American Legion, in particular the new handicapped ramp. MINUTES: The October 13th and November 5th meeting minutes were approved on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. The October 14th Fair Haven Library Trustee’s meeting minutes were accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Webster-Goolden. All aye, motion carried. ABSTRACT #6 VOUCHERS: The following vouchers from abstract #6 were approved for payment on a motion by Trustee Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried. General Fund: $67,934.70 Water Fund: $14,606.76 Trust & Agency: $3,458.14 2001 CDBG: $6,400.00 2013 CDBG: $10,000.00 October payroll: $41,958.01 General Fund Budget modifications: The Following budget modifications were approved on a motion by Deputy Mayor Krehling and seconded by Trustee Hanford. All aye, motion carried. Transfer $16.95 from ambulance contractual to ambulance contractual/meds/supplies Transfer $2000.00 from parks improvements, $2000.00 from sidewalks & $261.49 from contingent to permanent improvements capital outlay Transfer $751.50 from contingent to refuse & garbage ---PAGE BREAK--- 2 COMMITTEE REPORTS: October DPW report submitted by Roger Granatiero: read water meters; weekly weed eating & mowing; meter replacements; brush & leaves were picked up; box for F550 was built & installed to carry leaves; completed repairs for curb stop problems at Bonnie Bridson’s, Jim Basile’s & George Hanford’s residences; turned off seasonal water; installed front plow & wing on International, replaced hoses on sander & cables on plow; east water tower drained & inspected, water samples taken & passed; representatives from Rural Water Assoc. helped detect water leaks in the village, found 3 possible leaks from old hydrants which will be repaired although parts are difficult to find; replaced street signs; painted flag pole at village hall; installed new water service at Mark McVea’s new residence on West Bay Rd.; Roger & Carrie attended training at NYCOM Public Works school in Cooperstown; Greg & Pete attended “Competent Person” & “Confined Space” training in Cortland; the telemetry at the water station was not working properly & was repaired by an electrician; new roof installed at pump house public bathrooms closed for the season. Roger added the DPW will vacuum as many leaves as possible with the F550 set up and then will have to ready the truck for winter plowing. The fire hydrant on Fancher Ave. near the Hendler residence that has been out of service for some time and will need to be dug up for repairs. Empire Tree Surgeons will be in next week to take down dead trees. The Christmas tree will be picked up for Central Park and Christmas decorations put up at the end of this month. A survey of park lights was performed last week by a company representing RG&E to install LED lighting in the village. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. Treasurer’s report submitted by Terri DiGregorio for period ending 10/31/2015. General fund balance $346,185.63 which includes WBB $4,224.24, Water fund $79,691.18, 2001 CDBG $14,713.65, Trust & Agency $428.96, $3,888.07, 2013 Victory St. CDBG $1.00. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Webster- Goolden. All aye, motion carried. The 2013 CDBG funds are all spoken for with ongoing home rehabilitation. The 2001 CDBG funds are repairing the Holdridge apartment building on Main Street. October Ambulance report submitted by Stan The ambulance service answered 27 calls: 3 BLS, 18 ALS, 3 no transport, 3 cancelled calls. A total of 394 calls to date. Of these 27 calls 7 were in the Village, 11 in the Town of Sterling, 8 mutual aid to Lakeshore Ambulance, 1 mutual aid to CIMVAC. Vehicles responding to calls: Ambulance #1 - 19, Ambulance #2 - 0, Medic Car - 8, both the medic car and ambulance together - 6. The report was accepted on a motion by Trustee Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried. A single $2,000.00 ambulance donation was made and gratefully accepted. Detailed reports from MultiMed for August and September were reviewed by the Board. October Code Enforcement report submitted by Stan 6 building permits issued; 1 violation/order to remedy was sent; 1 Certificate of Occupancy was issued; 8 on-site inspections performed; 4 village general inspections performed. The report was accepted on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. UNFINISHED BUSINESS: The Trustees will start updating the sign law in January. After attending mandatory safety training the Board of Trustees will updating existing security features at the village hall to include surveillance cameras in and around the building. An updated barrier is also being considered for the customer service counter in the village office. Mayor McVea spent several hours researching camera systems on line and in store. Volney Multiplex who currently monitors the village hall submitted quotes for additional security to include cameras and monitors at a cost of $2,181.35. On a motion by Deputy Mayor Krehling and seconded by Trustee Hanford approval was given to have Volney Multiplex update the security according to the quote given. All aye, motion carried. A handful of water customers have contacted the village office regarding the November 15th $250.00 seasonal water shut off deadline. These residents informed the village they enjoy staying in Fair Haven for the holidays. On a motion by Trustee Dunaway and seconded by Trustee Webster-Goolden letters will be sent out to theses water customers advising to mark the village valve in case of snow and sign an agreement stating they will be responsible if the valve is frozen and must install their own valve for next year. All aye, motion carried. ---PAGE BREAK--- 3 NEW BUSINESS: The Fair Haven Fire Department submitted a list of repairs needed for both fire engines as the Village maintains them. The fire dept. is going with a new company J.P.B. Fire Services, Inc. to service the fire engines. While performing inspections it was discovered among many more minor repairs that engine which is a 2007, needs a new generator at a cost of $4,399.00 as the present one has a blown head gasket. The service technician attempted to remove the head and broke a bolt. The Board asked Fire Chief Dave Mendenhall to obtain another opinion regarding the generator. Engine #1 among other repairs mainly needs both rear axle springs and torque arms fixed at a cost of $2,300.00 which can be done at Fulton Springs. This repair was approved on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. Funds have been budgeted by the Village for preventative maintenance. The Board of Trustees agreed better attention to maintenance must occur. Water account #C0780 requested credit for the late fee of $17.11 due to confusion between the water bill and the sewer bill as the customer stated she recently began paying these bills. The Board denied the request on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye, motion carried. Water account #B0110 is disputing the recent bill reflecting higher than average water usage. After examining past meter readings denied the request on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. Water account #B2240 was disputing the recent bill reflecting higher than average water usage. This was resolved before the board meeting by obtaining the reading from the meter head brought in by the home owner. This particular account still had a manual remote meter on the outside of the house. In the spring they will be given a radio read meter head when they come back to open their camp. Levied unpaid Village taxes to the Cayuga County Treasurers office in the amount of $8,269.56. This includes the mowing of the property known as “Mayview” performed in 2014 costing the Village $275.00. The ZBA will be hearing a request in December for a proposed shed at 14507 Fancher Ave. This proposed shed would be entirely in the village right-of-way on Fancher Ave. Clerk- Treasurer DiGregorio assumes the ZBA will want a recommendation by the Board of Trustees. This will be addressed at the December board meeting. EXECUTIVE SESSION: On a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway the Board of Trustees entered into executive session to discuss an Article 75 hearing regarding a suspended employee. All aye, motion carried. On a motion by Trustee Webster-Goolden and seconded by Trustee Hanford the Board of Trustees exited executive session. All aye, motion carried. No decisions were made during executive session and the following resolution was presented: RESOLUTION APPROVING CHARGES TO BE CONSIDERED REGARDING AUTHORIZING DISCIPLINARY ACTION TO BE TAKEN AGAINST A VILLAGE OF FAIR HAVEN EMPLOYEE Whereas, the Board of Trustees of the Village of Fair Haven (the Village) has received information indicating that a particular Village employee (Employee) has sustained a history of violations, including incompetence, lack of professionalism, misconduct, and the creation of a hostile work environment; and Whereas, Civil Service Law section 75 requires that in certain circumstances a municipality is required to conduct a hearing prior to taking disciplinary action against certain protected classes of employees, including, among others, those in the Competitive Class; and Whereas, due to employment in such Competitive Class, it would appear that the Employee is entitled to the protection of Civil Service Law section 75; and Whereas, the Board of Trustees on November 9, 2015 duly authorized a disciplinary hearing to be conducted regarding Employee’s alleged violations; NOW, THEREFORE, be it resolved by the Board of Trustees of the Village of Fair Haven in regular session duly convened, as follows: ---PAGE BREAK--- 4 1. The following charges are hereby proffered against Employee: CHARGES CHARGE 1 – CREATION OF A HOSTILE WORK ENVIORNMENT SPECIFICATIONS - On September 17, 2015, the Village received multiple complaints regarding an incident during a response to a cardiac arrest. The complaints allege intimidating comments towards other emergency responders and the creation of a generally hostile environment. CHARGE 2 – INCOMPETENCE SPECFICIATIONS – On May 17, 2015, Employee violated protocol by administering Narcan to a patient who was alert and conscious in contravention of protocol. In addition, the amount of Narcan administered was in excess of the amount authorized by CNY EMS. Employee was required to receive remediation by CNY EMS for this violation. CHARGE 3 – LACK OF TACT, COURTESY, AND PROFESSIONALISM; NEGLIGENCE SPECIFICATIONS – On July 13, 2014, Employee responded to a call from a 90 year old patient complaining of hemorrhaging/lacerations from an “ulcer on her right foot”. Patient was taking Biaxin, Coumadin, and Humalog. Employee “bandaged on arrival” and stated that the patient stated that “she was fine and didn’t want any further care or transport said she would call back if any further problems happened.” The patient’s granddaughter states that Employee was rude, impatient, and lacked any courtesy or tact. Granddaughter felt as though Employee was bothered to be called to the house and discouraged patient from being transported. The patient’s toe required subsequent amputation. CHARGE 4 – MISCONDUCT SPECIFCATIONS – During 2012, Employee was recorded on surveillance video unplugging the security camera to the narcotics storage locker. Disabling the security camera on the narcotics locker was unauthorized and served no legitimate purpose. 2. Employee may make and file his answer in writing to these charges. Such answer should reach the office of the Mayor at PO Box 614, Fair Haven, NY 13064 at or before 5 p.m. on November 25, 2015. 3. Employee is entitled to be represented at such hearing by an attorney to present such witnesses and other proof as he may have in his defense against these charges. Such hearing will be held at 5:00 p.m. on December 3, 2015, or at a later date as authorized by the Mayor. The hearing will be conducted by a hearing officer who will be duly designated for that purpose in accordance with section 75 of the Civil Service Law. The Board of Trustees hereby authorizes the Mayor of the Village of Fair Haven to designate and retain a hearing officer. 4. If Employee is found guilty of any of the above charges, the penalty or punishment imposed upon him may consist of the following: dismissal from the service of the Village, demotion in grade and title, suspension without pay for a period not exceeding two months, a fine not to exceed $100, or reprimand. 5. The Mayor is directed to communicate these charges in writing to Steven Shahan, Esq., on behalf of Employee pursuant to Civil Service Law section 75. 6. This Resolution shall take effect immediately. ---PAGE BREAK--- 5 The resolution was approved as amended on a motion by Trustee Dunaway and a second by Trustee Hanford. The motion having been put to a vote of the members present, the Resolution were adopted by a vote of 5 in favor, 0 opposed, 0 abstentions in accordance with the following vote: Voting on Resolution: Yes No Absent/Abstained William McVea, Mayor [ ] [ ] [ ] Walter Krehling, Deputy Mayor [ ] [ ] [ ] Holley Webster-Goolden, Trustee [ ] [ ] [ ] Judith Dunaway, Trustee [ ] [ ] [ ] George Hanford, Trustee [ ] [ ] [ ] Resolution Certification I, Terri M. DiGregorio, Village Clerk Treasurer of the Village of Fair Haven, do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Trustees of the Village of Fair Haven on November 9, 2015 at which all members of the Board of Trustees were present and acting throughout and that such resolution has not been modified, rescinded or, revoked and is at present in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed her signature and seal of the Village of Fair Haven the 16th day of November 2015. Signature: Terri M. DiGregorio, Village Clerk-Treasurer ADJOURNMENT: The meeting was adjourned at 8:17 p.m. on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer