VILLAGE OF OAKFIELD BOARD OF TRUSTEES

MONTHLY MEETING

October 13th, 2015 @ 5:00 pm

A regular monthly meeting of the Village of Oakfield Board of Trustees was called to order at 5:00 p.m. by Mayor Jason Armbrewster, followed by the Pledge to the Flag. The following Trustees were present: Scott Boring, Shelly D’Alba, and David Boyle. Stevens missing

Also Present: Clerk/Treasurer,Andrew Maguire; DPW Supervisor, David Laney; Zoning Officer, Rick Pastecki; Zoning Review Committee Members Anne Engel and Ron D’Alba; Whiting Law Firm Attorney, Jake Whiting;

PUBLIC HEARINGS:

1)LOCAL LAW # 2-2015:RESOLUTION #18 – 2015 AUTHORIZING THE ADOPTION OF LOCAL LAW NO. 2 OF 2015: AMENDING THE VILLAGE OF OAKFIELD ZONING LAW.

A Motionwas made by Trustee D’Alba to open the public hearing for Local Law #2-2015 @ 5:03 P.M., Second by Trustee Stevens. Ayes: Boring, Boyle, D’Alba. Carried.

a Motionwas made by Trustee D’Alba to close the public hearing for Local Law # 2-2015 @ 6:43 PM, second by Trustee Boyle. Ayes: Boring, Boyle, D’Alba. Carried.

2)LOCAL LAW # 3-2015: RESOLUTION #19 – 2015 AUTHORIZING THE ADOPTION OF LOCAL LAW # 3 OF 2015: AMENDING VILLAGE OF OAKFIELD LOCAL LAW #5 OF 1998 AND LOCAL LAW # 4 OF 1991 PERTAINING TO WEED AND DEBRIS ZONING LAWS.

A Motion was made by Trustee D’Alba to open the public hearing for Local Law # 3-2015 @ 5:03 PM, second by Trustee Stevens. Ayes: Boring, Boyle, D’Alba. Carried.

Mayor Armbrewster states that he is for this Local Law; it will hold violators more accountable and safeguard the Village better.

A Motionwas made by Trustee D’Alba to approve Resolution #19-2015,AUTHORIZING THE ADOPTION OF LOCAL LAW # 3 OF 2015: AMENDING VILLAGE OF OAKFIELD LOCAL LAW #5 OF 1998 AND LOCAL LAW # 4 OF 1991 PERTAINING TO WEED AND DEBRIS ZONING LAWS, Contingent on being renamed Local Law # 2-2015, second by Trustee Boyle. Ayes: Boring, Boyle, D’Alba. Carried.

A Motion was made by Trustee D’Alba to close the public hearing for Local Law # 2-2015 @ 5:03 PM, second by Trustee Boring.Ayes: Boring, Boyle, D’Alba. Carried

3)LOCAL LAW # 4-2015: RESOLUTION #21 – 2015 AUTHORIZING THE ADOPTION OF LOCAL LAW #4-2015: AMENDING THE VILLAGE OF OAKFIELD PERSONNEL POLICY

A Motion was made by Trustee D’Alba to open the public hearing for Local Law #4-2015 @ 5:04 PM, second by Trustee Boyle. Ayes: Boring, Boyle, D’Alba. Carried.

A Motion was made by Trustee D’Alba to close the public hearing for Local Law #4-2015 @ 5:04 PM, second by Trustee Boyle. Ayes: Boring, Boyle, D’Alba. Carried.

PUBLIC COMMENTS:

Ron Dalba states that overnight parking isprohibited, additionally would like to add trailers to that. The way the proposed law reads is for no trailers from November to April. It should be a year round provision.It should read that 17’ trailers should not park on streets all year. Clerk Treasurer Maguire states it can be approved with that provision. Anne Engle states it is a problem in the Village, people need to drive around it and that can be hazardous. Zoning Enforcement Officer Pastecki questioned the verbiage as well. Applies to all vehicles already, it was confusing. Zoning is very vague, and specifics are important. Mr. D’Alba states it is too vague. ZEO Pastecki states the terrace piece is understood but would that be discriminatory. Attorney Jake Whiting states it would be better for application to all residents. Anne Engle states this is a length classification; it would be driveway to drive way. Mayor Armbrewster states this is why public hearings are held, to try and sit down one last time and get it more specific. The way it reads right now about trailers, may as well leave it out. Someone reading it would need it to be specific. Attorney Whiting recommends another public hearing based on the confusion he has seen. Mayor Armbrewster states the Zoning Review Committee should set up another meeting, get it specific and get it right. Many months have passed since this was first presented, that is a problem, stay on it and get it done. Need to get it right. Anne Engle states we do have time; trailers will not be parking there in the winter.

OLD BUSINESS:

1)Forest Ave. and Water St. Reconstruction Project Update.

a)Pay Application # 5-American Paving Contract #2

Mr. Mountain reports that paving should be started tomorrow. Project end in is in sight, appreciates the patience of the Board and residents.Through the process the firm has learned some things for future projects and weighing the benefits of 2 contractors compared to just one. A time extension was granted to Visone for contract #1. More appropriate to talk about in executive session based on potential litigation.

A Motionwas made by Trustee D’Alba to go into executive session with Attorney Whiting and Clerk-Treasurer Maguire to remain in session @ 5:16 PM, to discuss potential litigation, second by Trustee Boyle. Ayes: Boring, Boyle, D’Alba (Abstained Mayor Armbrewster). Carried

A Motionwas made by Trustee Boyle to close executive session @ 5:28 PM, second by Trustee Boring. Ayes: Boring, Boyle, D’Alba (Abstained Mayor Armbrewster). Carried.

A Motion was made by Trustee D’Alba to approve pay application # 5-American Paving Contract #2, second by Trustee Boring.Ayes: Boyle, Boring, D’Alba. (Mayor Armbrewster Abstains) Carried.

2)Waste Water Treatment Program Update.Mr. Mountain states not much has been done with the study. Still waiting on grant for the generator. December 2015 should be the time for a grant decision.

NEW BUSINESS:

  1. Fire Chief/President Report.No Formal report submitted. Mayor Armbrewster did speak with Fire Chief Scheiber, opened truck bids on September 28th, 2015. Nothing to look at yet. Fire safety month will be at the school. Items are approved through budget and educating our youth is important. Hopefully those youth will want to join the Fire Department later in life.
  1. Zoning/Code Reports.Zoning Enforcement Officer Pasteckistates no written report this month. Trustee D’Alba asked how the tree hazardous tree that was discussed last meeting turned out. ZEO Pastecki spoke to caretaker; he agreed it is in bad shape, it has been like that for 20 years. Will get an estimate on its removal. It is dangerous, and tenants did not make the call. Not much more can be done; the condition of the tree is not good, will follow up on progress. 93 Main Street erected an illegal pool. Owner was informed, she had no idea. Caretaker of property did not inform her. Pool was taken down immediately. 13 Maple Street is putting a front porch in by Dec 1st. Trustee D’Alba states it is good to see progress there, such a nice house. ZEO Pastecki states he is working hard to get it done, even sees him out there on Sunday’s.

Code Enforcement Officer Gerould reports that he stopped there on Saturday, informed him he needed to provide a sketch, and apply for a permit, not done yet. Mayor Armbrewster states that educating the community is key. Trustee D’Alba states that the gentlemen is a contractor though, most would know that.

  1. Historical Society Report.No Formal report given. Mayor Armbrewster states the historical society came in, alarm was going off. Large number of members, it is great and they are moving along nicely. With the new town community center being erected they may move meetings there. 13 Members were present for the meeting.
  1. Camden Report.Camden Report submitted. Mayor Armbrewster asked DPW Supervisor Laney when they are cleaning the sewer system. Mr. Laney states by the end of the month. All numbers are doing great at the waste water plant.
  2. Approval ofSeptember 14th and 28th, 2015 Minutes.

A Motion was made by Trustee D’Alba to approve September 14th and 28th, 2015 minutes, second by Trustee boring.Ayes: Boring, Boyle, D’Alba. Carried.

  1. Approval of October’s Abstract/ P.O’s.Mayor Armbrewster reports that he had an expense for lunch after meeting with the Village attorney, was for $39.00 was a meeting that needed to happen to talk about the local laws and progress with EJ Prescott and Sensus and the Operation and Maintenance Agreement. Mayor Armbrewster asked anyone at the meeting to please speak up if they have an issue with that expense. Trustee Boyle states that is a fine expense to submit, no one else has any issues with it.

A Motion was made by Trustee D’Alba approve October’s abstract and purchase orders,second by Trustee Boring.Ayes: Boring, Boyle, D’Alba. (Mayor Armbrewster Abstains). Carried.

  1. September Investment Report.The Village Board has reviewed the Investment Report and found no issues.
  1. June and July’s Financial Report with auditor’s adjustments.Trustee D’Alba states that it is understandable that these financials have changed and been delayed with the audit being late in the year. Next year will not be like that, Freed Maxick was scheduled in advance and that was the earliest they could. Clerk-Treasurer Maguire should get caught up by next meeting and present the remainder once they are complete. Clerk-Treasurer Maguire states that it has been frustrating playing catch up for multiple months now, but is happy it is finally complete and can move on, the financials will be caught up by next month’s meeting assuming all goes to plan.
  1. August Financial Report. Clerk-Treasurer Maguire states there maybe some final tweaks to August as well based on just receiving the auditors adjustments and findings last week. The Audit was very detailed and has required weeks of his attention and he is still receiving e-mails with questions and further documentation, seems like it is never ending, but understand the purpose of its importance.
  1. D.P.W. Report. Written Report Submitted.Supervisor Laney reports thathydrant flushing will be the week of October 19th-23rd. The DPW exercised valves, leaf machine is ready, picking up leaves already. Did receive quote for $45,737.67 for a Ford with a utility box on it to replace the one ton dump. Town of Batavia truck could be up for sale soon. Mayor Armbrewster states the reason for a utility truck is all the added work in the Water Districts and the tools are in truck not at the shop. The DPW should advertise that the last brush pick up will be November 16th. Supervisor Laney states he did receive a bill from Randsco that the Town had sent. DPW Employees Tom and Eric saw water puddling around a meter pit, the water tested positive for chlorine residual. Eric and Tom contacted the Town, the Town contacted Randsco. Randsco came out with an excavator, found out there was not aleak in the pit they installed and want reimbursement for mobilizing and investigating. Mayor Armbrewster asked if that project closed out. Submit that bill back to the Town; no water agreement for water district #4 is in place. Trustee D’Alba states she agrees, if it is part of the original project, then send it back to the Town, they were who contacted Randsco, not the Village. Supervisor Laney states correct, Town Highway Superintendent Alan Dennis contacted Randsco. Mayor Armbrewster states the sidewalk fund is there, needs to be utilized to replace old sidewalks. Going to be looking into grant opportunities, submit for sidewalks. Have a contractor replace them. This is a long list, many sidewalks. Trustee Boring states he went around the Village with Supervisor Laney, none of these are going to inhibit our equipment, sidewalk plowing will not be affected. There are some cracks, some are heaved up, but not going to hurt the bobcat and snow blower. Mayor Armbrewster asked if there was any chatter about the magic seal hot crack fill of the streets. Supervisor Laney states nothing good or bad. Mrs. Engle states her husband was thrilled, good proactive move. Mayor Armbrewster states the Village needs to maintain what is there. There were complaints about oil and stone on North Pearl, but this was positive. Trustee D’Alba asked if there were any plans to address the sidewalks this fall.Mayor Armbrewster states there is money set aside money for spring sidewalks, in fall we will do some. Mayor Armbrewster asked the Board if the Village should start replacing some of the bad blocks. Trustee Boyle asked if they are an accident waiting to happen. Trustee Boring does not believe they are, no. Trustee D’Alba states the Village should have aplan for replacement. Last year, The Village did not do any sidewalks, was there a reason for this. Supervisor Laney states that the new Water Districts 3 and 4 were coming up; they were all installing MXU’s and taking care of other duties. Trustee D’Alba states they need to make a plan and stick to it. There is money in the reserve for it, budget time conversation. Mayor Armbrewster states they are making small strides and will learn from mistakes and move on.
  1. Clerk’s Report. Written Report Submitted. Clerk-Treasurer Maguire states the NYCOM Conference of Clerk’s and Mayors was very informative. Met many great people and resources. While at the NYCOM Conference, Deputy Clerk Bartholomew informed him of the server crashing. Hurricane Technology was called and began the emergency server integration. Good timing as the approved server from previous meeting had just arrived. The server integration is also playing a role in delaying the financials. As they integrate, Harris Software loses connection and no work can be performed. A slew of journal entries were lost due to communication issues with Harris. Diane Matla submitted a onetime credit application for her water bill stating that it was for filling her pool. Mayor Armbrewster states that the onetime credits are reserved for leaks and unexpected water and sewer issues, not for knowingly filling a pool(no motion was made to approve the onetime credit application).No petitions were filed for the reserve transfer out of the Parks and Landscaping reserve fund. The lawn mower purchase is in this month’s abstract that was approved. Will be paid out of the parks line item and a budget amendment will be presented at a later meeting. Mayor Armbrewster and Clerk-Treasurer Maguire were invited to and attended the Governor Cuomo STAMP Project announcement. With a commitment from 1366 technologies, the STAMP project is in motion and will be great for Oakfield, Genesee County and upstate New York. Mr. Maguire stated that the alarm issue that occurred when the Historical Society met raised a red flag. When Mayor Armbrewster contacted the Sherriff’s that it was a false alarm, the Sheriffs were unaware the alarm had been triggered. He contacted general Security who also did not have notification of an alarm. They state it is because of phone companies compressing lines and the notification comes in with no address or information. Clearly that is not acceptable and our service must work. Trustee D’Alba would like to see three proposals at next month’s meeting for new providers of the alarm services. Mr. Maguire reports that Town Supervisor Carol Glor contacted him to discuss the Operation and Maintenance Agreement. She was informed that nothing new has come across Mr. Maguire’s desk to report. She also stated that Water District 10 has shown interest. Also the Town’s Community Center is almost complete and any of the Board Trustees are welcome to stop by for a tour. Mr. Maguire reports that are confusion on the Sensus software integration and people believe this is training. No one has reported that this is a training session to the Clerk or the Village Office. After further investigation, it was confirmed that this is not the training and only select individuals need to be present.
  1. Mayor’s Report.Mayor Armbrewster reports that the Operation and Maintenance agreement is still ongoing. The Village Attorney has sent the Town Attorney a letter on why the Board will not approve as it was presented, only went to the attorney not the Board. The Mayor would like an agreement in place so everyone can move forward. The Village is capable of doing this; it is to benefit the community. As Mayor, it is not very detailed and remains pretty vague in spots, it needs to be addressed. The Village’s personnel policy has been a nightmare. Asked our attorneys to redo the entire policy as it is old and not well written. Constructionfor Forest and Water is moving forward, not as well as planned as had hoped, but people will take notice when it is complete. Setting a precedent for future replacements. Infiltration of storm water has been a problem. In rain events, the Village is over 1 million gallons a day. Making strides, Mayor is a difficult job. Appreciate the help of the Board, all members have stepped up. The Village lost Mr. Mullen recently, a long time resident and former Board of Trustee. The Board would like to put up a Memorial Plaque for hisstewardship. Will approve next meeting with an exact dollar amount. The Mayor would like to discuss a personnel issue.

A Motion was made by Trustee D’Albato go into executive session to discuss a personnel issue @ 6:15PM, Attorney Whiting, Clerk-treasurer Maguire and DPW Supervisor Laney will remain in the meeting, second by Trustee Boring. Ayes: Boring, Boyle, D’Alba. Carried.