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1 Village of Fair Haven Public Hearing/Board of Trustees Meeting June 8, 2015 Board members present Mayor William McVea, Deputy Mayor Walter Krehling, Trustee Judith Dunaway, and Trustee Pete Hanford. Trustee Holley Webster-Goolden was excised. Also present Clerk-Treasurer Terri DiGregorio, Deputy Clerk Johanne Van Der Linden, DPW Superintendent Roger Granatiero, Ambulance Supervisor/Zoning Officer Stan Village Historian Susie Parsons, Village Attorney Chris Palermo, CCWSA Executive Director Michelle Baines, CCWSA representative Jay Sawyer, Louis Speciale, Nanda Speciale, Gail Dodski, Fredrick Dietz, Don Chamberlain, Randy Case, Carroll Grant, Ed Robinson, Rick Lawrence, Helene Lawrence, David Aaron Bartlett, Daria Bour, Chuck Bour and Peter Klein. PUBLIC HEARING 2013 SMALL CITIES CDBG: Mayor McVea read the following legal notice published in the Lake Shore News: The Village of Fair Haven was awarded fiscal year 2013 funds under the Small Cities Community Development Block Grant (CDBG) Program. Funds in the amount of $400,000 were awarded to administer an owner-occupied and income-property Housing Rehabilitation Program for properties occupied by low-income households in the Victory Street area. This program was eventually expanded to include village-wide housing rehabilitation. Pursuant to CFR 24 570.486, the Village of Fair Haven is required to hold a public hearing during the grant administrative period to provide details with respect to the program and program progress, solicit comments with respect to funded activities and program administration, and answer questions with respect to the CDBG Program or grant activities. Comments may also be submitted in writing to the Village of Fair Haven, c/o William McVea, Mayor, PO Box 614, Fair Haven, NY 13064. This hearing, scheduled for Monday, June 8, 2015 at 7pm, will be held in the Village Office, 14523 Cayuga Street, Fair Haven. The venue is handicapped accessible for those needing such assistance. Any other persons or groups needing special accommodations should contact Thoma Development Consultants at least one week prior to the meeting. Thoma was retained by the Village to administer the grant pursuant to a request for proposal process (RFP). They can be reached at [PHONE REDACTED]. The CDBG program is funded under Title I of the Housing and Community Act of 1974, as amended. The federal government, pursuant to Title I, provided fiscal year 2013 funds to New York State for award and administration. This is the second of two public hearings as required under the Community Development Block Grant Program at 24 CFR 570.486; to be held during the administrative phase of grants awarded starting in fiscal year 2012 . Purposes of the second hearing, to be held during the administrative phase of any grant awarded, are to: solicit public’s comments on the effectiveness of the administration of the CDBG program; provide information on the activities and progress toward goals and objectives; obtain citizens’ views on the CDBG Program; respond to the public’s proposals, if any, and answer questions. Progress - Housing: Total Applications – 17: applicants qualified – 12, projects in progress – 3, projects in bidding phase – 3, preparing specifications – 6, ineligible applicants – 2, awaiting paperwork – 1, awaiting review – 3. Project Completion Date: The project must be completed no later than April 2016 in keeping with the grant agreement issued to the Village. There were no public comments therefor the hearing was kept open for public comment during the public hearing on local law #1 of 2015 ---PAGE BREAK--- 2 PUBLIC HEARING LOCAL LAW #1 OF 2015 TO AMEND THE SEWER LAW: Mayor McVea read the following legal notice published in the Lake Shore News: PLEASE TAKE NOTICE that the Village of Fair Haven will hold a Public Hearing on the June 8th at 7:00 p.m., at the Fair Haven Village Hall, 14523 Cayuga Street, for the purpose of hearing public comments on amending Local Law #1 of 2015 Chapter 113 of the Village of Fair Haven Code regarding Sewers. This law may be referred to as the Village of Fair Haven Sewer Use Law. This proposed law will establish a schedule requiring mandatory connection to the sanitary sewer. PLEASE TAKE FURTHER NOTICE that the purposes of this law are: A. The efficient, economic, environmentally safe, and legal operation of the private septic systems; B. Prevent the introduction of substances into the Publicly Owned Treatment Works (“POTW”) that will: C. Interfere with the POTW in any way; D. Pass through the POTW to the state’s waters and cause contravention of standards for those waters or cause violation of the POTW’s SPEDS permit; E. Increase the cost or otherwise hamper the disposal of POTW sludge and/or residuals; F. Endanger municipal employees; G. Cause air pollution, or groundwater pollution, directly or indirectly; H. Cause, directly or indirectly, any public nuisance condition. I. To prevent new sources of infiltration and inflow and, as much as possible, eliminate existing sources of infiltration and inflow; J. To assure that new sewers and connections are properly constructed; K. To provide for equitable distribution to all users of the POTW of all costs, associated with sewage transmission, treatment, and residuals disposal, and to provide for the collection of such costs. A copy of the proposed local law can be reviewed at the Village Clerk’s Office during regular business hours. All interested parties may attend or submit comments and concerns. This is the second public hearing on local law #1 of 2015 regarding the sewer law. Changes were made to §307 B. 3. Regarding persons making 20 or more connections to the public sewer. Carroll Grant owner of Grants Vacation Park expressed her appreciation with the Village moving forward to pass this proposed law requiring sewer connections to protect the environment and the bay. She and her husband Randy Case both expressed they had not planned fiscally to have Grants Vacation Park totally connected by the dates specified in the proposed law and need more time to comply. They have 4 grinder pumps to connect 40 RV sites with electrical lines, water lines and drainage already in the ground which is a major undertaking when digging to install sewer lines over 5 acres of land. They plan to connect 5 units this summer. Carroll and Randy request the logic in §307 B. 1 and 2 be carried over to 3 which would pertain to their property. They are asking to be permitted to connect 5 units every 6 months starting with the 5 this year. The septic systems in the park are only in use 6 months out of the year. They would like an extension to be completed by 2019. Carroll Grant also mentioned the 12 RV sites in the upper portion of the park separated by the park driveway which have a DEC SPDES permit to discharge which is renewed annually. This section is also zoned bay front but they feel as long as this system complies with the DEC it should be considered separately. CCWSA Executive Director Michelle Baines stated she was not aware without researching the number of properties left with DEC SPDES permits. She also stressed the CCWSA cannot condone the SPDES permits as the DEC cannot properly monitor these systems efficiently. A snapshot in time once a year is not sufficient as these systems need to be monitored in peak usage times and during the wet season. Lou Speciale asked about §1103 – Consent Orders. Mayor McVea stated this section affords flexibility for a property owner to come to an agreement with the CEO regarding compliance. The Mayor also reiterated the NYSDEC states the present Village of Fair Haven sewer law does not comply with their model sewer law which states “Where public sewer systems are available no private sewer systems will be allowed”. The Village was not aware of this model sewer law when the project first began. ---PAGE BREAK--- 3 David recommended establishing a plan to have half of Grants Vacation Park connected by 2017 and the remainder by 2019. He suggested the septic tanks at the park be pumped when they are full before affluent reaches the leach lines instead of every 3 years. With assistance from Village Attorney Chris Palermo Mayor McVea read the following changes to Section 307 B. 3: For persons required to make twenty (20) or more connections to the public sewer, such person may phase in such connections by completing at least twelve and one-half percent (12.5%) of such connections by the date set forth in subparagraph A, an additional twenty-five percent (25%) of such connections within twelve (12) months from the date set forth in subparagraph A, an additional twenty-five percent (25%) of such connections within twenty-four (24) months from the date set forth in subparagraph A; an additional twenty-five percent (25%) of such connections within thirty- six (36) months from the date set forth in subparagraph A; and the remaining connections within forty-two (42) months from the date set forth in subparagraph A. Randy Case again requested the 12 RV sites in the upper portion of the park be considered separately. Mayor McVea and the Board of Trustees denied this request. Both public hearings were closed at 8:00 p.m. BOARD MEETING: The board meeting was called to order at 8:00 p.m. followed by the Pledge of Allegiance. COMMUNICATIONS: The June Cayuga County Association of Villages meeting will be held on June 23rd hosted by the Village of Fair Haven at Sabin Hall Fair Haven Beach State Park. Senator Nozzolio will be the guest speaker. In receipt of $7,199.53 semi-annual mortgage tax from Cayuga County Treasurer. In receipt of $1,572.68 Time Warner quarterly franchise payment. PUBLIC FORUM: Village Historian Susan Parsons submitted to the Board of Trustees old pictures of Roy Maynard’s garage and a brief history for a plaque. Ed & Marcia Robinson are very appreciative the Village has made arrangements for the past 2 years to have the vacant property next to theirs mowed in the fall and request it be mowed earlier. Mayor McVea stated the property owners have recently been sent a violation notice and a public hearing will be held at the July meeting if it is not mowed. Rick Lawrence questioned when the planned landscaping would be completed at sewer pump station #3 which is next to his property. He stated additional structures are presently on that property that had not been planned causing it to be Existing sewer odors and noise are bothersome. Thirteen trees were requested and there has been no action. Mayor McVea stated he, Michelle Baines and Jay Sawyer had met earlier today to discuss the landscaping and agreed thirteen trees would not fit in that area. They believe nine 4’ high trees would and Jay will work on rejuvenating the existing plantings. Peter Kline, neighbor on the other side of the pump station, interjected this has gone on for two years with noise, odor and structures. He would like it resolved with bigger trees to muffle the sound of the pump. MINUTES: The May 11th and May 28th meeting minutes were approved on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. ABSTRACT #1 VOUCHERS: The following vouchers from abstract #1 were approved for payment on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. General Fund: $77,592.54 Water Fund: $7,657.24 Trust & Agency: $3,738.64 May Payroll: $39,538.27 ---PAGE BREAK--- 4 The following budget modifications for the fiscal year ending May 31, 2015 were approved on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. General Fund Budget Modifications: Transfer $600.92 from attorney contractual to clerk-treasurer services Transfer $927.90 from attorney contractual to clerical personal services Transfer $208.95 from fire department contractual to buildings contractual Transfer $313.51 from attorney contractual to safety inspection personal services Transfer $1262.94 from fire department contractual to ambulance personal services Transfer $723.87 from unallocated insurance & $33.66 from attorney contractual to ambulance equipment Transfer $2257.11 from street maintenance contractual to ambulance contractual Transfer $1456.26 from snow removal equipment & $479.89 from sidewalks to street maintenance personal services Transfer $424.37 from municipal association dues to snow removal contractual Transfer $2563.72 from workers compensation & $459.28 from medical insurance to parks personal services Transfer $567.36 from street lighting to social security Water Fund Budget Modifications: Transfer $765.82 from source of supply equipment to water administration personal services Transfer $2479.88 from un-appropriated fund balance to source of supply personal services Transfer $196.66 from worker’s compensation to source of supply contractual Transfer $1124.27 from source of supply capital improvements to transmission & distribution personal services Transfer $632.27 from source of supply capital improvements to transmission & distribution contractual COMMITTEE REPORTS: May 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; mulched trees on Main St.; hung American flags; mowed West Barrier Bar; mowed & trimmed village properties weekly; sprayed weed control throughout the village twice; black topped roads. Checked 12th St. drainage today after the heavy rain regarding the Tesoriero property. He believes the driveway needs to be corrected before they try to install any more drainage. Trimmed the trees at the American Legion/Community Center. Trustee Hanford thanked the DPW for helping to make the Village look nice for our big Fourth of July celebration. David thanked the DPW for putting up the pedestrian crossing signs as he has seen them slow down traffic coming into the village. Randy Case brought to Roger’s attention a drainage ditch on 12th street with standing water because the pipe is too high. Roger responded he will take another look at it tomorrow. 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 5/31/2015. General fund balance $432,354.55, Water fund $60,312.45, 2001 CDBG $31,688.65, Trust & Agency $3,456.29, $888.07, 2013 Victory St. CDBG $1.00. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. May Ambulance report submitted by Stan The ambulance service answered 43 calls: 6 BLS, 27 ALS, 6 no transport, 3 cancelled calls, 1 DOA. Of these 43 calls 4 were in the Village, 14 in the Town of Sterling & 12 mutual aid to Lakeshore Ambulance and 6 Mutual aid to CIMVAC. Average response time was 3.12 minutes. An email was recently received from Senator Nozzolio’s office advising the $50,000.00 grant for the purchase of a new ambulance will be on its way soon. A legal advertisement to accept bids for a new ambulance will appear in the local paper June 17th. A special meeting will be held at 10:00 a.m. July 9th to open bids for the new ambulance. The report was accepted on a motion by Deputy Mayor Krehling and seconded by Trustee Dunaway. All aye, motion carried. May Code Enforcement report submitted by Stan Issued 13 building permits; Wrote 3 violation letters; conducted 3 fire inspections; 12 violations corrected; conducted on site inspections at all 13 building permit sites; conducted 4 village general inspections. Several attempts have been made to serve Mr. LaFurney regarding 14467 Lake St. Ms. Warnecke has been sent a violation letter giving her 15 days to clean up a wood pile at 14605 Fancher Ave. Stan stated they had not connected as planned, but he had spoken to Ms. Warnecke on the phone just today. The Galloway property at 542 Avery is still a problem with tall grass and junk in the yard. Ms. Robinson at 14389 S. Lake had been cited for debris in the yard which was remedied and will now be cited for broken windows. Stan stated the Village had hoped she would apply ---PAGE BREAK--- 5 for the CDBG grant. Public hearings will be held regarding tall grass at 14467 Lake St., 542 Avery, 14643 Fancher Ave., 14647 Fancher Ave., and 566 Platt St. The report was accepted on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. UNFINISHED BUSINESS: Legion/Community Center update: The handicapped ramp has been completed. NYMS Grant update: All construction has been completed as the deadline to do so is June 10th. 2013 CDBG status: The public hearing at the beginning of the meeting covered most aspects of the grant. Thoma Development Consultants sent a spreadsheet with the status of the applicants. It is believed that most of the funds are spoken for at this time. A new emergency exit door was installed at the library Public sewer: The CCWSA continues to clean & flush the sewer mains. A communication was received regarding pump station #3 which was discussed during public forum. NEW BUSINESS: There was a discrepancy regarding where the Village owned portion of Eldredge Ave. ends and becomes a private driveway. Mayor McVea and DPW Superintendent Granatiero found the pins marking the road. Therefor the paving will be finished this summer. On a motion by Trustee Dunaway and seconded by Trustee Hanford $125.00 will be added to Nancy Webster’s annual stipend for cleaning the public restrooms. All aye, motion carried. Local Law #1 of 2015 to amend the sewer law was adopted on a motion by Deputy Mayor Krehling and seconded by Trustee Hanford. 3 – yes, 1 – no, 1 absent. Voting on Resolution Yes No Absent/Abstained William McVea, Mayor [ ] [ ] [ ] Walter Krehling, Deputy Mayor [ ] [ ] [ ] Holley Webster-Goolden, Trustee [ ] [ ] [ ] Judith Dunaway, Trustee [ ] [ ] [ ] George Hanford, Trustee [ ] [ ] [ ] Terri M. DiGregorio Clerk-Treasurer Deputy Mayor Krehling stressed a solution needs to be sought regarding the odor, noise and aesthetics of pump station #3 at the end of Lake Street. Trustee Dunaway agreed to landscaping but believes the CCWSA should address the odor and sound issues. Mayor McVea stated he didn’t feel as though he was given a chance to make his point on ideas to resolve the issues of noise, odor and landscaping Michelle Baines stated she needs to bring this before her Board at the next meeting. She stressed the importance of underground facilities at that location regarding the planting of trees. ADJOURNMENT: The meeting was adjourned at 8:54 p.m. on a motion by Trustee Dunaway and seconded by Trustee Hanford. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer