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1 Village of Fair Haven Board of Trustees Meeting December 12, 2016 The meeting was called to order at 7:00 p.m. followed by the Pledge of Allegiance. Board members present Mayor James Basile, Deputy Mayor Walter Krehling, Trustee Holley Webster-Goolden, Trustee Judith Dunaway and Trustee Pete Hanford. Also present Village Clerk-Treasurer Terri DiGregorio, DPW Superintendent Roger Granatiero, Deputy Clerk Johanne Van Der Linden, Village Historian Susan Parsons, Bill McVea, Don Chamberlain, Tammy Curtis, Vivian Sciarabba and David COMMUNICATIONS: There will not be a December Cayuga County Association of Villages meeting. October meeting minutes were reviewed which include the handout from NYCOM “Administering a Village Volunteer Fire Department” which will be kept on file in the village office. In receipt of letter of complaint via certified mail regarding dead trees in the 13th street right-of-way. The complainant would like the trees removed for fear they could fall in an area where new construction is planned. In receipt of NYCOM 2016 Public Works Training School attendance certificates for approved NYS Department of Health contact hours for Roger Granatiero and Carrie Bolton. In receipt of $9,201.73 in mortgage tax from Cayuga County Treasurer. In receipt of annual notification of appointment of Cayuga County Planning Board Village of Fair Haven representative, Darrell Uetz who will continue to serve in 2017. In receipt of information regarding the NYS Department of Labor Overtime Final Rule and the effects on State & Local Governments. PUBLIC FORUM: Bill McVea briefed the Board of Trustees on the recently approved 2014 plan by the International Committee to increase the level of Lake Ontario by 2.4” higher than the present level before raising the dam and releasing water into the St. Lawrence. This could possibly affect some bay front properties on Little Sodus Bay. David asked for a confirmation the State Park still plans to assist in the restoration of the end of Lake Street Ext. Mayor Basile acknowledged that is the plan to the best of his knowledge. He also inquired about the cost of the new Christmas tree stand which the Village purchased under the celebrations budget. A permanent tree is being considered. Tammy Curtis asked the Board of the Trustees if the Village water department had plans to extend a water line further down Smith Road. The Mayor responded the Village doesn’t have any plans to extend in that direction as the Town of Wolcott will be expanding their water district and would hopefully cover that area. Mrs. Curtis was encouraged to contact the Town of Wolcott or Wayne County Water & Sewer Authority regarding this matter. MINUTES: The November 10th and 14thmeeting minutes were approved on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye, motion carried ABSTRACT #7 VOUCHERS: The following vouchers were approved for payment on a motion by Deputy Mayor Krehling and seconded by Trustee Hanford. All aye, motion carried. General Fund: $44,084.06 Water Fund:$5,695.13 Trust & Agency: $3,087.39 November Payroll: $32,798.72 Budget Modifications: The following budget modifications were approved on a motion by Trustee Dunaway and seconded by Trustee Webster-Goolden. All aye, motion carried. Transfer $37.98 from Board of Trustees Contractual to Deputy Mayor Contractual Transfer $379.31 from Clerk Treasurer Contractual to Records Management Contractual Transfer $1,064.68 from Public Health Fees to Fire Department Contractual Transfer $2,114.86 from Un-appropriated Fund Balance to Trees Contractual ---PAGE BREAK--- 2 COMMITTEE REPORTS: November DPW report submitted by Roger Granatiero. Checked Pump House daily; water samples taken to lab in Auburn; read water meters and investigated possible water leaks; meter replacements; turned off seasonal water & conducted final readings; brush and leaves picked up; new Christmas tree stand was made and installed for FH Chamber in Village Park; installed new water connections on Ingersoll Dr. and Fair Haven Rd.; remaining tree work was completed by Empire Tree Surgeons; leaf blower and box on F550 was removed for the season; all plows were put on the trucks; Christmas lights and garland were put up on Main St.; removed trees on Lake St. Ext. and Lansing St. that had fallen down during the snow storm; replaced a curb stop at Morgan’s on Fancher Ave.; Empire Tree Surgeons will be in tomorrow to examine the trees on 13th Street as they appear to be in need of removal; the village is pumping less water due to the many repairs made to the water lines over the summer; the variable frequency drive (VFD) will be installed in the pump house this week; guide rails on North Victory and the edge of the parking lot near Little Sodus Inn will need replacing at a cost of $4,270.00 which will be planned in the 2017-2018 budget; responded to 2 emergency water shut offs over the weekend. The DPW continues to see a problem with private plow drivers illegally plowing snow in and across pubic streets. Mayor Basile directed courtesy letters be sent to the property owners who hire the plow drivers. If they don’t comply, code violation letters will be sent. Roger spoke with Scott Prindle NYSDEC Region 7 representative regarding available grants for public boat ramps. Mr. Prindle stated the Village of Fair Haven was a good candidate to apply for grant money to rehabilitate the ramps. He will visit the Village to inspect the ramps. The report was approved on a motion by Deputy Mayor Krehling and seconded by Trustee Webster-Goolden. All aye, motion carried. Treasurer’s report submitted by Terri DiGregorio for period ending 11/30/2016. General fund balance $386,751.87 which includes WBB $4,231.04, Water fund$83,175.03, Trust & Agency$297.79, $3,888.07, 2013 Victory St. CDBG $1.00. $2,056.25 semi-annual fire engine interest payment due to the USDA on 12/15/16. On a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway authorization was given to close out the Victory St. CDBG checking account and transfer the balance of $3,888.07 to the general fund for administration. All aye, motion carried. The $50,000.00 ambulance grant funds were received for the 2015 ambulance purchase. This grant was obtained with assistance from Senator Nozzolio. On a motion by Trustee Webster and a second by Trustee Hanford the funds will be transferred to A232Aambulance reserve. All aye, motion carried. Approval to transfer $75,000.00 in general fund & $10,000.00 in water fund to reserves on 12/29/2016was granted on a motion by Deputy Mayor Krehling and seconded by Trustee Webster- Goolden. All aye, motion carried. November Ambulance report submitted by Stan The ambulance service answered 34 calls: 10 BLS, 17 ALS, 7 no transport. Total calls to date 430. Of these 34 calls, 7 in the Village, 23 in the Town of Sterling, 4 mutual aid to Lakeshore Ambulance. Vehicles responding to calls: 31 for Ambulance 0 for Ambulance 5 for Medic Car, 3 for both the medic car and ambulance together. The response time was 3.54 minutes. Donations - $470.00. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Webster-Goolden. All aye, motion carried. November Code Enforcement report submitted by Stan Issued 3 building permits; issued1 Certificate of Occupancy; issued 2 violations; 6 violations were corrected; conducted 14 onsite inspections; conducted 4 general village inspections. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Webster-Goolden. All aye, motion carried. In receipt of the annual Village Historians report from Susan Parsons. The report summarized her research and newspaper articles for 2016.Mrs. Parson gave a history lesson with her research on food advertisements such as Sunday dinner for 50¢ in 1906 at Hotel Ontario which was located on Pearson Point Fancher Ave.; the Allen Inn advertised dinner for 50¢ in 1910 which earlier was the Barris House and later the in 1924 the Maplewood Inn where Central Park is today; Pleasant Beach menus from 1924 to 1986; Hotel Bayview in North Fair Haven advertised chicken dinner for $1.00 in 1924; Mrs. Gardner’s Restaurant 50¢ dinners in 1924 to $1.25 in 1951; Mary’s Luncheonette in 1952 to Fair Haven Luncheonette in 1956 with turkey dinner for $1.00; Hillside Drive Inn’s 1967 advertisement; Graham’s Restaurant 1969 advertisement; Longley’s Food Haven 1938-1946 advertisement. The report was accepted on a motion by Trustee Webster and seconded by Trustee Dunaway. All aye, motion carried. UNFINISHED BUSINESS: The following resolutions were passed regarding the sale of Village water to the Town of Sterling and the Wayne County Water & Sewer Authority. ---PAGE BREAK--- 3 RESOLUTION OF THE VILLAGE OF FAIR HAVEN EXPRESSING ITS INTENTION TO ENTER INTO AN AGREEMENT WITH THE TOWN OF STERLING FOR THE SALE OF WATER FOR RESIDENTS OF THE TOWN OF STERLING. WHEREAS, the Town of Sterling and the Village of Fair Haven are desirous of entering into an agreement for the sale of Water from the Village of Fair Haven to the Town of Sterling; and WHEREAS, the Village of Fair Haven is authorized to sell water outside of its corporate limits pursuant to Article 11 of the N.Y. Village Law; and WHEREAS, the Village presently has excess water capacity which would allow for such sale; now, therefore, be it RESOLVED, that the Village of Fair Haven expresses its intention to enter into an agreement with the Town of Sterling, upon such terms as may be mutually agreed, for the sale of water into the Town of Sterling. On a motion by Trustee Dunaway and a second by Deputy Mayor Krehling 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 [ ] [ ] [ ] Pete Hanford , Trustee [ ] [ ] [ ] Dated: December 12, 2016 Terri M. DiGregorio Clerk-Treasurer RESOLUTION OF THE VILLAGE OF FAIR HAVEN EXPRESSING ITS INTENTION TO ENTER INTO AN AGREEMENT WITH THE WAYNE COUNTY WATER AND SEWER AUTHORITY TO SELL WATER. WHEREAS, the Wayne County Water and Sewer Authority has expressed an interest in purchasing water from the Village of Fair Haven for residents of Blind Sodus Bay Rd. in the Town of Wolcott; and WHEREAS, the Village of Fair Haven is authorized to sell water outside of its corporate limits pursuant to Article 11 of the N.Y. Village Law; and WHEREAS, the Village presently has excess water capacity which would allow for such sale; now, therefore, be it RESOLVED, that the Village of Fair Haven expresses its intention to enter into an agreement with the Wayne County Water and Sewer Authority, upon such terms as may be mutually agreed, to sell water to Wayne County Water and Sewer Authority to serve the residents of the Town of Wolcott on Blind Sodus Bay Rd. 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 [ ] [ ] [ ] Pete Hanford , Trustee [ ] [ ] [ ] Dated: December 12, 2016 Terri M. DiGregorio Clerk-Treasurer ---PAGE BREAK--- 4 The following resolution is one of the four steps to qualify for a grant through the NYSERDA Clean Energy Communities Program. Adopting a NYS Unified Solar Permit qualifies the Village of Fair Haven for a grant of $2,500.00. RESOLUTION TO ADOPT THE NEW YORK STATE SOLAR PERMIT PROCESS WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) is offering financial incentives to municipalities that adopt a uniform New York State solar permit process, and WHEREAS, Village Board of Trustees supports the use of solar energy as a renewable energy source. NOW THEREFORE BE IT RESOLVED, that the Village of Fair Haven hereby fully and formally adopts the New York State Unified Solar Permit process for New York State. I further certify that the full board consists of 5 members, and that 5 of such members were present at such meeting and that 5 of such members voted in favor of the above resolution. On a motion by Trustee Webster-Goolden and a second by Trustee Hanford 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 [ ] [ ] [ ] Dated: December 12, 2016 IN WITNESS WHEREOF, I have hereunto Set my hand and the seal of the Village of Fair Haven Terri M. DiGregorio, Clerk-Treasurer The following resolution is another one of the four steps to qualify for a grant through the NYSERDA Clean Energy Communities Program. The following resolution is to establishing energy benchmarking requirements for certain municipal buildings RESOLUTION ESTABLISHING ENERGY BENCHMARKING REQUIREMENTS FOR CERTAIN MUNICIPAL BUILDINGING The BOARD OF TRUSTEES OF THE VILLAGE OF FAIR HAVEN, in the County of Cayuga, State of New York, met in regular session at the Municipal Building, located at 14523 Cayuga Street on the 12th of December 2016at7:00 p.m. The meeting was called to order by Mayor James Basile, and the following were present, namely: Deputy Mayor Walter Krehling, Trustee Holley Webster-Goolden, Trustee Judith Dunaway and Trustee George (Pete) Hanford. The following resolution was moved, seconded and adopted: WHEREAS, buildings are the single largest user of energy in the State of New York; the poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use; and WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Village of Fair Haven is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and ---PAGE BREAK--- 5 WHEREAS, the Fair Haven Board of Trustees desires to use Building Energy Benchmarking, a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings, to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Village of Fair Haven; and WHEREAS, as such the Village Board desires to establish procedure or guideline for the Village of Fair Haven staff to conduct such Building Energy Benchmarking; and NOW THEREFORE,IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures are hereby adopted and imposed as active and affirmative financial internal control procedures of the Village of Fair Haven; BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES DEFINITIONS “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics. “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings. “Commissioner” shall mean the head of the Department. “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Village of Fair Haven that is 1,000 square feet or larger in size. “Department” shall mean the Village of Fair Haven Clerk’s Office. “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. (10) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. (11) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. (12) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations. APPLICABILITY This policy is applicable to all Covered Municipal Buildings as defined in Section 2 of this policy. The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. ---PAGE BREAK--- 6 BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS No later than December 31, 2016, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: No later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and For each Covered Municipal Building individually: The status of compliance with the requirements of this Policy; and (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2) (iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three years. ENFORCEMENT AND ADMINISTRATION The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy. The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy. Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy. FURTHER RESOLVED, the Village of Fair Haven Board of Trustees, in regular session duly convened, does hereby authorize and direct the Clerk-Treasurer of the Village of Fair Haven to execute such other and additional documents as may be required for to perfect the resolutions herein; The adoption of the foregoing Resolution was moved on a motion by Trustee Dunaway, seconded by Trustee Webster-Goolden, and duly put to vote, which resulted as follows: Voting on Resolution Yes No Absent/Abstained James Basile, Mayor [ ] [ ] [ ] Walter Krehling, Deputy Mayor [ ] [ ] [ ] Holley Webster-Goolden, Trustee [ ] [ ] [ ] Judith Dunaway, Trustee [ ] [ ] [ ] George Hanford, Trustee [ ] [ ] [ ] ---PAGE BREAK--- 7 I Terri M. DiGregorio, Village Clerk of the Village of Fair Haven, DO HEREBY CERTIFY that the preceding Resolution was duly adopted by the Board of Trustees of the Village of Fair Haven at a regular meeting of the Board duly called and held on the 12th day of December, 2016; that said Resolution was entered in the minutes of said meeting; that I have compared the foregoing copy with the original thereof now on file in my office; and that the same is a true and correct transcript of said Resolution and of the whole thereof. I FURTHER CERTIFY that all members of said Board had due Notice of said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Fair Haven, this 12th day of December, 2016. Terri M. DiGregorio Village Clerk of the Village of Fair Haven Cayuga County, New York The Board together with Attorney Chris Palermo will be amending the sewer law regarding confusion on the distance of a dwelling from the sewer connection. Trustee Dunaway stated the intent was to not force a property owner to connect to the public sewer if the dwelling was over 100 feet from the connection point due to the cost. The homeowner would continue to have the septic system inspected and pumped out according to the schedule. It is believed there are presently three or four properties in the village this would apply to. Presently the Village has sent violation letters to homeowners who have not connected to the public sewer according to the schedule. Bay front property owners were to have connected by October of 2015 and property owners in the central business district should have connected this past October. Property owners in the residential and agricultural residential district must be connected by October of 2017. Some property owners have submitted a request for an extension and the Village continues to work with them. The pre-proposal for a grant to remove invasive swallow-wort and improve the habitat in West Barrier Bar Park was submitted through Maryanne Adams with Onondaga Audubon by Mr. Hongbin Gao from the Atlantic States Legal Foundation. Trustee Dunaway spoke with Dan Larson, American Legion representative, regarding the idea to have a Community garden located on the Legion’s property. Mr. Larson will bring it up at the next meeting. The Gerber Homes request for a village water service for 2 lots on West Bay Road was denied until plans to build are submitted as the Village does not supply water to an empty lot. A letter will be sent informing them of this. The new Mitel phone System through Frontier Communications at the village hall is scheduled for installation by the first week in January. NEW BUSINESS: Mike Federici, owner of a vacant property at 14669 Fancher Ave. realized a water service line runs through the property directly under the location he plans to build on. Mayor Basile spoke with Mr. Federici after consulting with the Village Attorney. A plan with drawings should be submitted to the Village on his proposal to relocate the water line at his expense. Due to a practice that has been in effect for many years to pay village employees on the Friday of the week just worked, the Board agreed to change this and conform to a more common practice by holding back one week’s pay. On a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway the Board of Trustees resolved to hold back one week’s pay beginning in April 2017. All employees are to submit time sheets on Monday by 9:00 a.m. and pay day will continue to be every Friday. All aye, motion carried. The Board scheduled a workshop on January 23rd from 7pm to 9pm to revise the employee handbook and discuss other pending issues. After review the Board of Trustees will schedule a public hearing on Local Law #1 of 2017 amending Chapter 117 of the Code of the Village of Fair Haven prohibiting the use of certain types of storage units. The Planning Board reviewed Chapter 139 Vehicles and Traffic Article IV Parking Prohibitions of the Code of the Village of Fair Haven at their October meeting. Their recommendations will be submitted to Village Attorney Palermo. The Board of Trustees will then review and schedule a public hearing. A revised sidewalk snow blowing schedule was recently submitted to the DPW. Engine #1 recently serviced at a cost of $1,334.94. The pump didn’t pass inspection and is presently out of service pending quotes for parts. ---PAGE BREAK--- 8 On a motion by Deputy Mayor Krehling and a second by Trustee Hanford approval was given for Roger Granatiero to carry over 40 hours of vacation to be used by March of 2017. All aye, motion carried. On a motion Trustee Dunaway and a second by Trustee Webster-Goolden approval was given for Terri DiGregorio to carry over 4 days of vacation to be used by March of 2017. All aye, motion carried. The Town of Sterling will be updating the Town of Sterling Village of Fair Haven Comprehensive Plan and requested the Village update a portion of the plan. The Board of Trustees will ask the Planning Board to perform this task at their next meeting in January. The Fair Haven Fire Department annual report is also requested. Mayor Basile will speak with the fire chief and president of the association regarding this matter. The transference of the Village’s credit card account from previous Mayor William McVea to Mayor James Basile as the new guarantor will be finalized shortly. The Board of Trustees will be looking into establishing a credit card policy. FINAL COMMENTS: Vivian Sciarabba inquired about a rumor of a dollar store coming to Fair Haven. The Board assured her no one has come to the village office for a permit for this. ADJOURNMENT: The meeting was adjourned at 8:47 p.m. on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer