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1 Village of Fair Haven Public Hearing Local Law #1 of 2015 Board of Trustees Meeting May 11, 2015 The public hearing began at 7:00 p.m. Board members present Mayor William McVea, Deputy Mayor Walter Krehling, Trustee Judith Dunaway, Trustee Holley Webster-Goolden and Trustee Pete Hanford. Also present DPW Superintendent Roger Granatiero, Clerk-Treasurer Terri DiGregorio, Deputy Clerk Johanne Van Der Linden, Ambulance Supervisor/Zoning Officer Stan CCWSA Director of Operations Michelle Baines, Village Historian Susie Parsons, Sterling Town Supervisor Randy Lawrence, Nanda Speciale, Louis Speciale, Jay Sawyer, Fredrick Dietz, Carl Crawford, Kathy Crawford, Ed Robinson, Carroll Grant, Randy Case, Chris Lee and Gisela Tucillo. PUBLIC HEARING LOCAL LAW #1 OF 2015 TO AMEND THE SEWER LAW: Mayor McVea explained the proposed law will now comply with the NYS DEC Model Sewer Use Law. The biggest change is requiring everyone to be connected to the public sewer by August of 2017. The Board is fully aware that everyone was originally told they would not be forced into connecting to the public sewer. Mayor McVea read the following: The Model Sewer Use Law is intended to aid municipalities in developing or modifying their local sewer use laws. Most municipalities have enacted sewer use codes but many of these are now several years old. For various reasons, a municipality may need to examine its code and make revisions. Section 307 Article 3 - Connection to Public Sewer Required The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the and abutting on any street, alley, or right-of-way in which there is now located or may, in the future, be located a public sewer, is hereby required, at the owner's expense to install suitable sanitary facilities therein, and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this law, within ninety (90) days after official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. This proposed law would avoid subjecting the Village of Fair Haven to another consent order. The law also proposes a schedule for connection to the public sewer to comply with the NYSDEC model sewer law section 307 article 3 to be as follows: 1. Properties lying, in whole or in part, within the Bayfront District shall connect to the public sewer by August 15, 2015. 2. Properties lying, in whole or in part, within the Central Business District shall connect to the public sewer by August 20, 2016. 3. All other properties lying within the Village boundaries shall connect to the public sewer by August 20, 2017. Mayor McVea stated presently 2/3 of the Village is connected to the public sewer with a 90% connected in the bay front district. Randy Case & Carroll Grant of Grants Vacation Park stated they are in favor of protecting the bay and the environment as they have always been in compliance with their septic system. Six of their properties have hooked up to the public sewer. Carroll stated she feels a breach of trust has occurred between the Board of Trustees and the public. She believes businesses will suffer with these changes. Carroll stated they have not saved for this as they never believed they would have to connect the entire park this quickly as the cost would be at least $60,000.00. The plan for this year was to connect 5 sites at a quoted cost of $15,000.00 and they are having a difficult time finding a contractor to do the work as they are all busy. She added people should have more lead time as it is totally unrealistic for them to connect all sites 90 days from August 15th. Randy stated he would like a least a month to come up with a plan to connect the park and present it to the Board of Trustees. Ed Robinson questioned why the Village didn’t follow the 1994 NYSDEC Model Sewer Use Law from the beginning. Mayor McVea responded the Village was unaware of such a law until the present Village of Fair Haven sewer law was submitted to the NYSDEC who in turn pointed out the Village was not in compliance. Fred Dietz explained he has owned his place on Hadcock Drive in Fair Haven since 1960 and asked if exceptions could be made for bay front properties whose septic systems worked properly. Mayor McVea explained there were no exceptions to the NYSDEC Model Sewer Use Law and reread Section 307 Article 3 as requested. Village Attorney Chris Palermo stated there is a mechanism in the law that allows the Village to enter into an agreement or consent order with an offending property owner as long as there is an action plan or proposed time frame to get the job done. The proposed fines are the maximum for parties that never intend to accomplish the task in question. ---PAGE BREAK--- 2 Mayor McVea agreed the idea of a time frame to accomplish connection to the sewer by August of 2017, for example in regards to Grants Vacation Park would be acceptable. Randy Case asked if there was a need for revenue as to why this law is needed. Mayor McVea responded “no” but of course there is always a need for more revenue by the CCWSA. Deputy Mayor Krehling suggested the Board table the law until next month to give people a chance to come up with a plan. Lou Speciale stressed a plan should be made for all not just Grants Vacation Park. Chris Lee questioned the part of the proposed law dealing with odor. He owns Shady Shores and is concerned with the RV’s pumping out their holding tanks as the odor can’t be avoided. The proposed law seems vague regarding the odor when this pumping occurs. Mayor McVea stressed this would not apply to Shady Shores as they are not in the Village. Mayor McVea closed the public hearing at 7:43. The Board meeting was then called to order following the Pledge of Allegiance. Local Law #1 of 2015 was not passed and tabled due to pending revisions. The public hearing for Local Law #1 of 2015 will be rescheduled for 7:00 p.m. May 8th which is the next board meeting. This decision was made on a motion by Trustee Webster- Goolden and seconded by Trustee Hanford. All aye, motion carried. COMMUNICATIONS: The 2014-2015 year end meeting will be held May 28th at 10:00 a.m. on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. Cayuga County Association of Villages meeting will be held May 26th 7:00 p.m. at the Aurora Inn hosted by the Village of Aurora. Speaker is Village of Aurora Historian Dr. Linda Shwab. RSVP May 20th. The June Cayuga County Association of Villages meeting hosted by the Village of Fair Haven will be held June 23rd on a motion by Trustee Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried. Mayor McVea will contact Senator Nozzolio to see if he can be the speaker. He will also contact the Corner Stone Restaurant for catering service. In receipt of quarterly sales tax from the Cayuga County Treasurer for $84,194.12 which ends up being $22,103.21 more than planned for the 2014-2015 fiscal year. In receipt of correspondence regarding the Western Erie Canal Alliance. Mayor McVea attended the meeting at the new Village of Red Creek office located in the old RCCS district office. The Alliance is a regional Main Street Development Program which covers Monroe and Wayne Counties among others. The Village of Fair Haven could also benefit from the Alliance. In receipt of a letter from the OSC Justice Fund regarding court fines to be sent to the Village from the Town of Sterling Court regarding a case in which a fine was paid. Mayor McVea attended a meeting with New York Rural Water and Town of Sterling representatives as the Town has formed a committee for well head protection. They are proposing a moratorium against withdrawal of large volumes of water in the Town of Sterling until they can come up with a law on well head protection. Mayor McVea is a member of this committee. New York Rural Water will be mapping all the aquifers in the Town. In receipt of notice of application for a liquor license from Turtle Cove Resort & Marina which requires no action on the part of the Village. It is a NYS Liquor Authority requirement to notify the municipality in which they will be operating. PUBLIC FORUM: Ed Robinson thanked the Village DPW for the leaf and brush pick up. Over 50 trailer loads were collected according to DPW Superintendent Granatiero. Nanda Speciale inquired about the Maynard Memorial safe in the Chamber building on Main Street. She is afraid someone will get hurt on the safe door and wants it to be permanently closed. Nanda was advised the door will not lock when shut. She also wanted to know when a plaque will be put up explaining the history of the safe. It was suggested Village Historian Susie Parsons tackle the task of writing the history. MINUTES: The April 13th & May 7th meeting minutes were approved on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. ---PAGE BREAK--- 3 ABSTRACT #12 VOUCHERS: The following vouchers were approved for payment on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye, motion carried. General Fund: $21,769.66 Water Fund: $3,064.88 Trust & Agency: $4,221.59 New York Main Street Grant: $50,000.00 Victory St CDBG: $4,156.05 April Payroll: $31,526.17 General Fund Budget Modifications: Transfer $55.22 from mayor contractual to board of trustees contractual Transfer $300.00 from clerk-treasurer contractual to records management contractual Transfer $374.04 from clerk-treasurer contractual to buildings capital improvements Transfer $4,174.17 from workers compensation to buildings contractual Transfer $4,687.32 from ambulance personal services to ambulance contractual Transfer $2,700.00 from street maintenance contractual to street maintenance equipment Transfer $13.99 from clerk treasurer contractual to snow removal contractual Transfer $237.50 from clerk treasurer contractual to sewage project contractual Transfer $238.46 from clerk treasurer contractual to storm drains contractual Transfer $1,283.79 from unallocated insurance to parks personal services Water Fund Budget Modifications: Transfer $1,101.73 from source of supply capital improvements to source of supply contractual Transfer $6.41 from workers compensation to transmission & distribution equipment Transfer $1,099.42 from source of supply capital improvements to transmission & distribution contractual Transfer $752.29 from workers compensation to source of supply personal services The budget modifications were approved on a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling. All aye, motion carried. COMMITTEE REPORTS: April DPW report submitted by Roger Granatiero. Daily check of the pump house; collected water samples and took to Auburn lab for testing; read & replaced water meters; picked up leaves & brush; turned on seasonal water; stored plow & snow blower; replaced curb stops for Chris Drogi & Jeff Taylor; installed new water service for the Bolton’s on Wilcox St.; worked on repairing plow damage throughout the village; cleaned streets with new street sweeper; cleaned out drainage culverts when needed; WCWSA helped to clean out the drain on 12th St. and found a dead muskrat had plugged the pipe; pruned tree at municipal parking lot; new F-250 truck taken to Rochester to be repainted; repaired dirt road at Teachout Rd. property and installed culvert pipe to assist with draining the property. This month the American flags have been put up and mulch placed around the trees on Main St.; tennis nets have been installed but half needs a new net and poles; next week all the roads will be paved that were planned; Greg & Carrie now hold class B water licenses therefore Fair Haven now has 3 water operators. While at class they learned of information regarding the pump at the pump house which will end up saving the Village around $6,000.00 as a new pump will not need to be purchased now. Contractors at a property on Hadcock Drive hit the water line causing a leak and the DPW has not been able to locate the curb stop therefore a new one will be installed next week. After next week the Town of Sterling will be done paving and will have time to perform ditching in the village. There is a need to investigate boring a 2 inch line under Ingersoll Road as there are 3 requests presently for water on the west side of the road. The report was accepted on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. Treasurer’s report submitted by Terri DiGregorio for period ending 4/30/2015. General fund $396,526.59, Water fund $53,866.42, 2001 CDBG $31,688.65, Trust & Agency $733.57, $50,888.07, 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. April Ambulance report submitted by Stan Total ambulance calls 22. Nature of calls: 5 BLS, 9 ALS, 7 not transported, 3 cancelled calls. Average response time 3.45 minutes. Location of calls: 3 Village of Fair Haven, 17 Town of Sterling, 3 mutual aid to Lakeshore Ambulance and 1 mutual aid to CIMVAC. The following units responded: Ambulance #1 - 0 times, Ambulance #2 - 19 times, Medic Car - 5 times, Ambulance & Medic Car - 1 times. The report was accepted on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye, motion carried. In receipt of NYS DOH Ambulance Service Certificate, expires 4/30/2017 ---PAGE BREAK--- 4 April Code Enforcement report submitted by Stan Issued 2 building permits; issued 24 Courtesy violation warnings regarding lack of house numbers with 27 corrected from last month; issued 3 Orders to Remedy; conducted multiple onsite inspections; issued 1 Certificate of Compliance; conducted 5 fire inspections. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Webster-Goolden. All aye, motion carried. UNFINISHED BUSINESS: Legion/Community Center update: Attendance remains low. Dick Fernquist is there during the day to assist with any training needed on the computers. It seems to be the consensus that more advertising is needed and scheduling of events. Tim and Kristine Lozier have applied for the Community Development Block grant. Since Kristine’s sister is Trustee Holley Webster-Goolden and Kristine’s son works for the Village DPW the Board is required to speak of this in an open meeting. On a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling the Board of Trustees established a conflict does not exist pertaining to qualifying for the grant. All aye, motion carried. A letter has also been sent to Village Attorney Chris Palermo for his opinion. NYMS Grant update: Giuseppe’s and the Artisans Building are the only two projects finishing up at this time. All paperwork must be turned in to Thoma Development by June 10th so they in turn can have everything submitted to the state by June 15th. The Board had requested the list of EDU’s from the CCWSA to compare it with water units charged to businesses and apartments. It was determined no comparison could be made. The Board did decide to modify the base rate charges for businesses and apartment buildings. On a motion by Trustee Dunaway and seconded by Trustee Webster-Goolden the Board decided to charge 1 unit base rate per meter. All aye, motion carried. An Emergency Preparedness Plan for the Village of Fair Haven has been finalized. The Mayor is required to be the emergency manager for the Village. Mayor McVea has designated Cathy Byers POC (Person of Contact) and Heidi Smalling will be Deputy POC. NEW BUSINESS: The Village wishes to apply for a $20,000.00 NY Main Street Technical Assistance (NYMS TA) grant to assist the Village to prepare a more competitive New York Main Street grant in future years by hiring an architect. The cost to have Thoma Development Consultants to prepare the grant would be $2000.00. Presently the Village has an $1800.00 credit with Thoma. The Board of Trustees authorized the Mayor to sign the contract to apply for the grant on a motion by Trustee Dunaway and seconded by Trustee Webster-Goolden. All aye, motion carried. A request for a permanent water disconnection for B0430, the south meter pit at the trailer park, was approved on a motion by Trustee Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried. A request by Jen Lunkenheimer to use the pavilion for exercise classes 2 to 3 days a week from 6am – 7am week days and Saturdays 8am – 9am was denied at the May 7th agenda meeting. The Board of Trustees felt it could interfere with other events and didn’t want a conflict to prevent village residents from using the pavilion. In receipt of letter regarding water account A2190 requesting the $195.00 disconnection fee be waived. The letter states the home owner turns the water off at the road every year and doesn’t know what changed this year causing the water to be on and flow underneath the cottage causing damage. Water customers are never allowed to turn the Villages valve off as damage to the valve could occur. It is believed that when the Village DPW turned the water off due to non-payment, the water was actually turned back on. The home owner also stated in the letter that there must have been a mix up in change of address as he received the shut off notice after the fact. The Board denied waiving the $195.00 fee on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. A letter will be sent to the homeowner advising the fee will not be waived and to also ensure he is aware that the Village’s valve should not be touched. ADJOURNMENT: The meeting was adjourned at 8:38 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