Regular Meeting Agenda s1

Regular Meeting Agenda s1

REGULAR MEETING

DOLGEVILLE VILLAGE BOARD OF TRUSTEES

JANUARY 19, 2016

PRESENT: MAYOR: Bruce T. Lyon – left @ 6:50

TRUSTEES: Brock Herringshaw

Kornel D. Martyniuk Sr.-absent

Mary E. Puznowski

William Reynolds

ATTORNEY: Norman Mastromoro

RECORDING SECRETARY: Tammy L. Chmielewski

ATTENDED: Chet Szymanski and Dave Jaquay.

Mayor Bruce T. Lyon at Dolgeville Fire Dept. called this Regular Meeting of the Dolgeville Village Board of Trustees to order at 6:00 p.m. Please Note: Meeting held at the Fire House due a village wide power outage.

Approval of

Meeting Minutes

Resolution # 4-2016 By Trustee Reynolds

Motion to approve and place on file the meeting minutes of December 7th, December 14, 2015 and January 11, 2016. Sec. Trustee Puznowski. Ayes all.

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

Abstract of

Audited Vouchers

Resolution # 5-2016 The following resolution offered by Trustee Puznowski and sec. by Trustee Herringshaw. Ayes all.

RESOLVED, that the Clerk be and is hereby authorized to sign the Abstract of Audited Vouchers from the following funds for the amount specified:

GENERAL $ 23,441.25

TRUST & AGENCY $ 321.09

SEWER $ 3,406.50

WATER $ 45,318.88

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

C.T. Male – I & I Upgrade Chet Szymanski of C.T. Male came before the Board on the following:

Municipal Sewage Asset

Management Pilot

Program NYSDEC acknowledged receipt of the Village’s application to participate in the Pilot program.

FEMA Update Village will receive reimbursement for approximately $ 138,000.00 in a few weeks.

The village returned and confirmed acceptance of an award of $ 512,500.00.

Proposal for Professional

Services for Round 2 EFC

Funding – Water Projects Proposal for professional services include items that were omitted from Round 1 funding. The proposal to perform work is $ 3,600.00. The village will discuss with Water Plant Operator Neal Winkler.

Department Heads

Fire Department Fire Chief David Jaquay came before the Board on the following:

Truck Purchase Dave asked if we could move forward with the purchase of a new vehicle to replace Truck 145. Village Board – No. Trustee Reynolds asked if we do not form a fire district how do we pay for it.

Trustee Herringshaw asked when the Dale City truck would arrive. Chief Jaquay – soon.

Fire Department

Monthly Report By Trustee Puznowski

Motion to approve and place on file the December 12, 2015 – January 16, 2016 Fire Department report as submitted. Sec. Trustee Herringshaw. Ayes all.

WWTP/D.P.W. WWTP Operator Edward Scharpou was unavailable for the meeting but submitted the following:

WWTP/D.P.W.

Monthly Report By Trustee Herringshaw

Motion to approve and place on file the November 2015 WWTP report as submitted. Sec. Trustee Puznowski. Ayes all.

Water Plant Water Plant Operator Neal Winkler was unavailable for the meeting but submitted the following:

NYSDEC

480-a-Forest Tax Law Village is not eligible for the 480-a program.

Forest Management Plan

Proposal – Lou Tirrito

Tonche Timber, LLC

Resolution # 6-2016 The following resolution offered by Trustee Reynolds and sec. by Trustee Herringshaw. Ayes all.

Motion authorizing Mayor Bruce T. Lyon to sign an agreement and accept the Proposal for Services as described below.

Proposal for Services

Prepare Forest Management Plan for V.O.D. Properties

Irondale Road and Park Property on Dolge Avenue

Management Plan Narrative

Forest Type Map

Forestland Classification and treatment report

Forest Stand Analysis and Timber Inventory Data

15-year work schedule

Misc. supporting maps and documentation as per 48—a specs

Delineate on the ground any Non-committed areas, update any unmarked boundary lines.

Represent the Village of Dolgeville in the 2016 Grievance Day to lobby for a reduced assessment of the Irondale Road property based on a comparative analysis report to demonstrate “unequal assessment”.

Total charges $ 3,500.00

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

Water Rents

Neal submitted a proposal for a 4% increase in water rents. The Board tabled the proposal for more accurate numbers for all users.

Water Monthly Report By Trustee Herringshaw

Motion to approve and place on file the December 2015 water report as submitted. Sec. Trustee Puznowski. Ayes all.

Code Enforcement Code Enforcement Officer Barry Vickers was unavailable for the meeting but submitted the following:

3 Baker Street The issues at 3 Baker Street still exist and now the property is up for back taxes. There might be a party interested in purchasing the property as is.

Code Enforcement

Monthly Report By Trustee Puznowski

Motion to approve and place on file the January 15, 2015 Code Enforcement report as submitted. Sec. Trustee Reynolds. Ayes all.

Police Department Provisional Sergeant Richard Congdon was unavailable for the meeting but submitted the following:

Police Monthly Report By Trustee Reynolds

Motion to approve and place on file the December 2015 Police report as submitted. Sec. Trustee Herringshaw. Ayes all.

Planning Board

Local Law # 1-2016

Permitting the harboring

and personal use of

certain female chickens

Resolution # 7-2016

LOCAL LAW NO. 1 OF 2016

A Local Law Permitting the Harboring and Personal Use of Certain Female Chickens

I.  FINDINGS. The Village of Dolgeville Board of Trustees finds that allowing local residents to harbor and personally use certain female chickens would not, if appropriately regulated, be detrimental to the environment or general health, welfare and comfort of the local community.

II.  PERMISSIVE CONDUCT. Notwithstanding any other local law to the contrary, it shall be permissible in the Village of Dolgeville, upon conditions hereafter provided, for homeowners and, upon approval of landlords, persons leasing an entire home and property, to harbor and personally use a maximum of eight (8) pullets or hens of the species “Gallus gallus domesticus”, hereafter referred to as “female chickens”.

III. PRE-REQUISITE. No otherwise eligible person shall harbor and personally use “female chickens” unless a written application is filed with the Planning Board and, upon approval of such application, a one time fifteen ($15.00) dollar fee is paid.

IV. APPROVAL CRITERIA. The application criteria upon which the Planning Board will base its determination to either grant or deny a permit to harbor and personally use “female chickens” is as follows:

1.  An enclosed, backyard chicken coop must be able to be constructed at least twenty (20) feet from the house on, and at least five (5) feet from the boundary line of, an abutting property or properties.

2.  The enclosed chicken coop plan must depict a humane design, provide for proper ventilation, be large enough to confine eight (8) “female chickens” to the backyard, and be capable of being securely locked and noninvasive by animal predators and/or scavengers.

3.  A zoning compliant minimum four (4) feet, maximum six (6) feet, high fence must be shown as able to be erected for outside backyard control of “female chickens”.

4.  Chicken feed must be shown as able to be kept in metal latching vermin proof containers.

V. VIOLATIONS. The following acts and omissions constitute violations of this local

law and will subject the violator to the penalties hereafter prescribed:

1.  Harboring and personally using “female chickens” without having first obtained a required permit from the Planning Board.

2.  Harboring and personally using more than eight (8) “female chickens” at any time.

3.  Engaging in the on-premises sale of “female chickens” or the eggs produced by “female chickens”.

4.  Failing to confine “female chickens” in an approved on-premises and enclosed backyard chicken coop during the hours of dusk to dawn.

5.  Failing to control “female chickens” in the backyard by means of an approved zoning compliant minimum four (4) feet, maximum six (6) feet, high fence.

6.  Maintaining unsanitary chicken coop or backyard conditions such as to pose a potential health risk to either humans or animals.

7.  Maintaining unsanitary chicken coop or backyard conditions such as to adversely affect the welfare or comfort of humans or animals.

VI. PENALTIES. A violation of this local law shall subject the alleged violator to the following penalties:

1.  Upon a first violation, a warning letter.

2.  Upon a second violation occurring at any time after a first violation, a fine of fifty ($50.00) dollars to be imposed by a local Court of competent jurisdiction.

3.  Upon a third violation occurring at any time after a second violation, revocation of the Planning Board permit and preclusion from obtaining another permit for a minimum period of five (5) years.

4.  Upon a violation occurring at any time subsequent to the reissuance of a Planning Board permit previous revoked, permanent preclusion from obtaining any further such permit.

VII. ENFORCMENT. Enforcement of this local law shall occur in the following manner:

1.  Monitoring for compliance with the provisions herein shall be conducted by the Village Of Dolgeville Police Department with notification of any alleged violation provided to the Village of Dolgeville Planning Board. Service thereafter of any warning letter shall be given by the Planning Board. The revocation of any Planning Board permit, or the recommendation by the Planning Board for the service of any legal process, shall be approved by the Dolgeville Village Board.

2.  Service of a warning letter hereunder shall be completed simultaneously by both certified mail, return receipt requested and regular mail.

3.  Service of legal process hereunder to secure the presence of an alleged violator in a court of competent jurisdiction shall be made personally.

VII. EFFECT. This local law shall take effect upon its filing with the Secretary of State.

AYES: Trustees Puznowski, Reynolds and Mayor Lyon

NAYS: Trustee Herringshaw

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

Treasurer

Expenditures,

Encumbrances, and

Appropriations By Trustee Puznowski

Motion to place on file the Statement of Expenditures, Encumbrances, Appropriations for the period ending January 19, 2016. Sec. Trustee Herringshaw. Ayes all.

Balance Sheet By Trustee Puznowski

Motion to place on file the Balance Sheet for the period ending January 31, 2016. Sec. Trustee Herringshaw. Ayes all.

New Business

Check Reconciliation

Resolution # 8-2016 By Trustee Reynolds

Motion to place on file the check reconciliations as presented. Sec. Trustee Herringshaw. Ayes all.

Unemployment Acct. *953 12/01/15 – 12/31/15

Sewer Savings *792 12/01/15 – 12/31/15

State Small Program *222 12/01/15 – 12/31/15

Helterline Park *784 12/01/15 – 12/31/15

Sewer Waste Hauling *405 12/01/15 – 12/31/15

General Savings *482 12/01/15 – 12/31/15

Water Fund *490 11/01/15 – 12/31/15

Spohn’s Disposal *187 12/01/15 – 12/31/15

Trust & Agency *807 12/01/15 – 12/31/15

D.P.W. Motorized Equip. *788 12/01/15 – 12/31/15

General Fund *315 11/01/15 – 12/31/15

Water & Sewer *320 11/01/15 – 12/31/15

Housing Rehabilitation *299 12/01/15 – 12/31/15

E.D.R.L.F. *448 12/01/15 – 12/31/15

Police Vehicle *500 12/01/15 – 12/31/15

Fire Truck Reserve *518 12/01/15 – 12/31/15

NYS Affordable Housing *598 12/01/15 – 12/31/15

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

Payroll Certification

Resolution # 9-2016 The following resolution offered by Trustee Puznowski and sec. by Trustee Herringshaw. Ayes all.

WHEREAS, Michele Weakley does hereby submit for certification the following payroll period of 12/5/15 – 12/18/15 in the amount of $ 27,059.21 be approved for payment from the appropriation authorized by the Village of Dolgeville Board of Trustees.

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

Payroll Certification

Resolution # 10-2016 The following resolution offered by Trustee Puznowski and sec. by Trustee Herringshaw. Ayes all.

WHEREAS, Michele Weakley does hereby submit for certification the following payroll period of 12/19/15 – 01/01/16 in the amount of $ 23,727.76 be approved for payment from the appropriation authorized by the Village of Dolgeville Board of Trustees.

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

Payroll Certification

Resolution # 11-2016 The following resolution offered by Trustee Puznowski and sec. by Trustee Herringshaw. Ayes all.

WHEREAS, Michele Weakley does hereby submit for certification the following payroll period of 01/02/16 - -1/15/16 in the amount of $ 27,707.90 be approved for payment from the appropriation authorized by the Village of Dolgeville Board of Trustees.

AYES: Trustees Herringshaw, Puznowski, Reynolds

NAYS: None

ABSENT: Trustee Martyniuk

ADOPTED – January 19, 2016

S & S Ambulance Corp.

Annual Contract

Resolution # 12-2016 The following resolution was offered by Trustee Reynolds and sec. by Trustee Puznowski. Ayes all.

WHEREAS, THIS AGREEMENT made on this 1st day of February 2016 between the Village of Dolgeville, municipal corporation located in the county of Herkimer and in the State of New York; hereinafter referred to as the party of the first part, and the Board of Directors of the S & S Volunteer Ambulance Service Incorporated, located in the Towns of Salisbury and Village of Dolgeville, County of Herkimer and in the State of New York, hereinafter referred to as the party of the second part, WITNESSETH:

WHEREAS, there has been duly established in the Village of Dolgeville, an ambulance service district, known as the S & S Volunteer Ambulance Service District, and WHEREAS, the Village Board of the said Village of Dolgeville, duly authorized a contract with the party of the second part for ambulance service to the said district upon the terms and provisions set forth, WHEREAS, this contract has been duly authorized by the Board of Directors of the S & S Volunteer Ambulance Service Inc., party of the second part.

NOW, THEREFORE, the party of the first part does engage the party of the second part to furnish ambulance service to the said district, and the party of the second part agrees to furnish said ambulance service in the manner following, to wit:

1.  The ambulance service of the party of the second part shall, at all times during the period of this agreement, be subject to call for attendance upon any emergency occurring in the said district, and when notified by E911 or phone by any persons within the district, shall respond and attend upon such emergency, without delay, with suitable ambulance equipment at the disposable to the party of the second part. Normal service hours shall be 24 hours a day, 7 days a week, and legal holiday.

2.  In consideration of furnishing aid and the use of apparatus as aforesaid, to the party of the second part shall be allowed the availability of fuel for the Ambulances, through the party of the first part.