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1 Village of Fair Haven Property Maintenance Hearings/Board of Trustees Meeting August 10, 2015 PROPERTY MAINTENANCE HEARINGS: STATE OF NEW YORK, COUNTY OF CAYUGA VILLAGE OF FAIR HAVEN Code of the Village of Fair Haven, §1-18 New York State Property Maintenance Code §302.4 In the Matter of Barry J. Keville and Linette G. Keville 566 Platt St., Fair Haven, NY NOTICE OF HEARING PLEASE TAKE NOTICE that a hearing will be held, pursuant to Section 1-18 of the Code of the Village of Fair Haven, on the 10th day of August, 2015 at 7:00 pm at the Fair Haven Village Hall, 14523 Cayuga St., Fair Haven, NY to determine whether a significant risk to public safety, health, comfort or general welfare exists due to the failure to comply with: New York State Property Maintenance Code § 302.4: “All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.” The allegations of failure to comply with the above-referenced special, general, or local law are based upon the following facts: The grass and weeds growing around the property located at 566 Platt St. in the Village of Fair Haven, as of July 17, 2015 are in excess of 10 inches. Notice of Violation and Order to Remedy have been previously issued to the owners of record with the last notice issued on 6/11/15 in the form of an appearance ticket. Despite these notices, the lawn and weeds have continued to grow and continue to be in violation of the NYS Property Maintenance Code. PLEASE TAKE FURTHER NOTICE that the owners of the above-referenced property may participate in said Hearing, either individually, or through counsel. PLEASE TAKE FURTHER NOTICE that the Board of Trustees, or its designee, may, upon a finding that there is a significant risk to public safety, health, comfort, or general welfare, authorize entrance on the property to remediate such risk and assess the costs of such remediation, including any required legal expense, against the land which shall be levied and collected in the same manner and at the same time as other Village Taxes. Dated: July 17, 2015, New York On a motion by Trustee Dunaway and seconded by Deputy Mayor Krehling the Village will place an advertisement in the local newspaper to hire someone with insurance to cut the weeds and grass. All costs to remedy the situation will be levied to the property taxes for 566 Platt Street. All aye, motion carried. STATE OF NEW YORK, COUNTY OF CAYUGA VILLAGE OF FAIR HAVEN Code of the Village of Fair Haven, §1-18, 62-4,A New York State Property Maintenance Code §302.1, 302.4, 302.5, In the Matter of Robert Galloway, 542 Avery St., Fair Haven, NY NOTICE OF HEARING PLEASE TAKE NOTICE that a hearing will be held, pursuant to Section 1-18 of the Code of the Village of Fair Haven, on the 10th day of August, 2015 at 7:00 pm at the Fair Haven Village Hall, 14523 Cayuga St., Fair Haven, NY to determine whether a significant risk to public safety, health, comfort or general welfare exists due to the failure to comply with: Village of Fair Haven Code, Fences §62-4,A: “It shall be unlawful for any person or firm to erect any fence or wall around any property within the corporate limits of the Village of Fair Haven without a permit granted by the Building Inspector/Code Enforcement Officer.” ---PAGE BREAK--- 2 New York State Property Maintenance Code 302.1 Sanitation: “All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.” New York State Property Maintenance Code § 302.4: “All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.” New York State Property Maintenance Code §302.5 Rodent Harborage: “All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.” The allegations of failure to comply with the above-referenced special, general, or local law are based upon the following facts: The exterior property and premises have not been maintained in a clean, safe and sanitary condition; rodent harborage and infestation exists; grass and weeds continue to grow around the property in excess of 10 inches; located at 542 Avery St. in the Village of fair Haven, as of July 17, 2015. Notice of Hearing has been previously issued to the owners of record with the last notice issued on July 30, 2014. Despite this notice and previously issued notices, the above mentioned continue to be in violation of the NYS Property Maintenance Code and Village of Fair Haven Code. PLEASE TAKE FURTHER NOTICE that the owners of the above-referenced property may participate in said Hearing, either individually, or through counsel. PLEASE TAKE FURTHER NOTICE that Board of Trustees, or its designee, may, upon a finding that there is a significant risk to public safety, health, comfort, or general welfare, authorize entrance on the property to remediate such risk and assess the costs of such remediation, including any required legal expense, against the land which shall be levied and collected in the same manner and at the same time as other Village Taxes. Dated: July 17, 2015, New York Robert Galloway did not have a will. His siblings have also passed away leaving nieces and nephews. Mayor McVea learned after speaking with the Village Attorney that Mr. Galloway’s nieces and nephews could take responsibility for the property. Donna Coleman, Mr. Galloway’s niece, was present at the hearing and stated she was informed by a previous resident at her uncle’s house at 542 Avery and law enforcement she could not enter the property. She also stated the property was in such disrepair that she and her cousins could not afford to clean it up. On a motion by Deputy Mayor Krehling and a second by Trustee Dunaway the Village will place an advertisement in the local newspaper to hire someone with insurance to clean up the property, pick up the debris, cut the weeds and grass. All costs to remedy the situation will be levied to the property taxes for 542 Avery Street. All aye, motion carried. Deputy Mayor Krehling stated the Mayview property on Fancher Ave. needs to be mowed again. Zoning Officer Stan will inspect the property and send a letter of violation to the property owners. The hearing was declared closed by Mayor McVea at 7:17 p.m. BOARD MEETING The meeting was called to order 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, Nanda Speciale, Lou Speciale, Ed Robinson, Don Chamberlain, Donna Coleman, Mr. Coleman, Tom Hanford, Vivian Sciarabba, David and Gus Taft. COMMUNICATIONS: In receipt of NYMIR annual insurance renewal from Eastern Shore Associates. The Village of Fair Haven will pay $25,549.90 for insurance this fiscal year. In receipt of $88,543.67 in sales tax from Cayuga County which is more than anticipated. The lease agreement between the American Legion and the Village has been signed by both entities for the period of 8/1/2015 to 8/1/2016. ---PAGE BREAK--- 3 Seven from the Village will be attending the Fire Department picnic this year on August 22nd. The Fire Department invites Board members, office staff and their guests each year to the annual picnic. Kevin Clark with Clark CPA, PC will be giving the Village of Fair Haven annual fiscal and audit report at the September 10th agenda meeting. The Cayuga County Association of Villages meeting will be held on August 25th at the Wheelhouse Restaurant hosted by Union Springs. The speaker will be Cayuga County Treasurer Jim Orman. Mayor McVea will be attending. PUBLIC FORUM: Ed Robinson thanked DPW Superintendent Granatiero and DPW crew for the quick response to remove the tree branch from the road in front of his house on Fancher Ave. Nanda Speciale brought up the stairs at the American Legion as they are in a state of disrepair. She would like to see them cosmetically repaired. Trustee Webster-Goolden reminded the Board that this should be the responsibility of the members of the American Legion. A solution is pending on this matter. MINUTES: On a motion by Trustee Webster-Goolden and seconded by Trustee Hanford the July 8th and July 13th meeting minutes were approved. All aye, motion carried. ABSTRACT #3 VOUCHERS: The following vouchers from abstract #3 were approved for payment on a motion by Trustee Holley Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried General Fund: $61,418.62 Water Fund: $8,053.87 Trust & Agency: $4,674.52 NYMS Grant: $26,075.00 July Payroll: $41,935.68 COMMITTEE REPORTS: July DPW report submitted by Roger Granatiero. Daily check of the pump house; collected water samples and took to Auburn lab for testing; read, repaired & replaced water meters; turned on seasonal water; picked up leaves & brush; weekly mowing & trimming; weekly garbage removal from parks; new flagpole installed in Standbrook Park; painted Central Park gazebo; cold patched potholes; repaired water leak on King Road near Turtle Cove; removed 2 trees that came down on North Victory Street; assisted Town of Sterling to pave remaining roads in village; rolled the field and patched holes after the 4th of July celebration; replaced covers over meter pits on Lake St. that serviced the old trailer park; sprayed weeds around the west water tower; replaced the poles and net on the east side of the tennis courts. The Village is on the list to get grant funds from New York Rural Water for energy efficient pumps and heating for the pump house. The report was accepted on a motion by Trustee Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried. Attendance for Roger and one other to attend NYCOM Public Works School was granted on a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway. All aye. Motion carried. The Village is still considering paper bags for the leaf pick up because they are biodegradable. The Village can no longer obtain inmates to tear open the bags of leaves at the brush landfill and dispose of the plastic bags. Also the Village does not have enough manpower to do this. Lou and Nanda Speciale expressed their displeasure in changing from clear plastic to paper mainly because of the cost to village residents. Ed Robinson agreed with the Speciales. They fear people will not keep their yards free of leaves if they have to buy paper bags. The Board will take all comments into consideration and further discuss alternatives for the leaf pick up. Mayor McVea has requested Clerk-Treasurer DiGregorio inquire how other villages handle bagged leaves at the NYCOM Fall Training School in September and he will contact D&L Disposal again regarding this issue. Treasurer’s report submitted by Terri DiGregorio for period ending 7/31/2015. General fund balance $553,104.14, Water fund $62,697.30, 2001 CDBG $28,713.65, Trust & Agency $985.11, $3,888.07, 2013 Victory St. CDBG $1.00. The Village has finally been able to start expending the 2001 CDBG funds from the sale of homes. The report accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. ---PAGE BREAK--- 4 July Ambulance report submitted by Stan The ambulance service answered 46 calls: 6 BLS, 19 ALS, 9 no transport, 7 cancelled calls, 1 DOA, 1 transfer. Of these 46 calls 13 were in the Village, 12 in the Town of Sterling, 14 mutual aid to Lakeshore Ambulance, 3 Mutual aid to CIMVAC. Vehicles responding to calls: Ambulance 1 – 24, Ambulance 2 – 7, Medic Car – 11, both the medic car and ambulance together – 5. Average response time was 3.12 minutes. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Hanford. All aye, motion carried. Total donations $250.00. A letter from Carroll Grant was received thanking the ambulance crew for their expertise and prompt response in handling an emergency situation that occurred with a relative when she brought her to the fire department. She included a substantial donation with that letter. Nicole Samuels an EMT Critical Care Level 3 has been hired by the Village of Fair Haven Ambulance as Alex Stevens’ availability has been reduced due to his full time employment. July Code Enforcement report submitted by Stan Issued 7 building permits; issued 2 violations/orders to remedy; issued 1 certificates of completion; conducted 2 on-site inspections; took 4 village general inspections. The report was accepted on a motion by Trustee Dunaway and seconded by Trustee Webster-Goolden. All aye, motion carried. Stefan House of Richmond Ave. had obtained a building permit for a shed. The building permit was issued in error because an accessory building can’t be placed closer to the road than the existing residential structure. Due to this error the Village the Board agreed to send Stefan House a letter advising him to apply to the ZBA for a variance and waive the fee on a motion by Deputy Mayor Krehling and a second by Trustee Dunaway. All aye, motion carried. UNFINISHED BUSINESS: A Conflict of Interest Waiver was granted by NYS Office of Community Renewal for Tim and Kris Lozier to received funds from the 2013 Community Development Block Grant. The Board of Trustees will be making improvements to the West Barrier Bar Park and use some of the funds originally contributed in May of 2013 by the Book Nook at Bonnie Bridson’s Fly By Night Cookie Company. The Village will be purchasing 6 picnic tables and 6 permanent BBQ grills on a motion by Deputy Mayor Krehling and seconded by Trustee Webster-Goolden. All aye, motion carried. NEW BUSINESS: The Town of Sterling will be meeting later this month regarding their 2016 budget and would like some preliminary figures regarding fire and ambulance contracts. The Board of Trustees will schedule a special meeting to discuss this. On a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway the request for a permanent disconnection of water service for B2820 was approved. All aye, motion carried. On a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway the request for a paper disconnection of water service for B0180 was approved. All aye, motion carried. Paul Munger was appointed to represent the Village of Fair Haven on the Red Creek Community Center Advisory Board on a motion by Trustee Webster-Goolden and seconded by Deputy Mayor Krehling. All aye, motion carried. On a motion by Trustee Webster-Goolden and seconded by Trustee Dunaway approval was given allowing Central Park to be used for Pirate Fest August 22nd. The Board reviewed requests for extensions to connect to the sanitary sewer system by bay front property owners Dale & Mary Cooter at 14445 Eldredge Ave. and Brian & Audrey Rice at 14644 Ingersoll Rd. These requests will also be reviewed by the Code Enforcement Officer for a decision. ADJOURNMENT: The meeting was adjourned at 8:46 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