Embedded Files
January 22, 2019
Present: Mayor Pulver, Trustee Horning, Trustee Bough Martin, Trustee Kopp, Trustee
Baldwin, Counsel Bell, Mr. Gregory, Mr. Gloska, Mrs. Kendall, Mr. Freunscht, Mr. Kopp, Mr.
Brzuskiewicz, Brenda Jaquin, Robert Camm, Dean Costanzo, Mr. & Mr. Tom Scott, Frank
Micale, Attorney, Stephanie Perotti, Jean & Pat Appel, Hannah Hofsdal, Blayde DeBlieux, Jim &
Dan Cunningham, Kipp Hicks, Mrs. Doss
The Pledge of Allegiance was recited.
Proposed Local Law Public Hearing
The Mayor called the public hearing to order for proposed Local Law A-2018 Change of Zone
for 112 Salt Springs Road from Special Residential to Low Density Residential zoning. There is
an adjacent parcel to this one zoned Low Density Residential, so this would not be considered
“spot zoning” Counsel Bell explained. The Mayor asked if anyone wished to speak for or
against the proposed change in zone. Attorney Micale, representing Stephanie Perotti who
owns 112 Salt Spring Road property, spoke in favor of the requested change of zone. He spoke
of the characteristics of the property, which fit the definition of the Low-Density Residential
classification. He reviewed information contained in the Villages’ Comprehensive Plan that
defines the types of properties that are typically in this zoning classification; steep slopes, trees
etc. Ms. Perotti shared with the Board a drone fly-over of her property showing the type of land
that she has, hills, slopes, trees etc. The fly-over also showed the properties that adjoin her
land and the distance that she is from these other parcels. The Mayor asked if anyone else
wished to speak for or against the proposal. Dean Costanzo commented that his sister’s
property adjoins Ms. Perotti’s and he commented that there is no possibility of any building
happening on her property. They have no complaint with the proposed change of zone as Ms.
Perotti has been a good neighbor. Tom Scott who owns property adjacent to Ms. Perotti (they
share a driveway) stated his house is a football fields distance from her home and there are no
issues. He and his wife Chris have no issues with what is being proposed. No one else wished
to speak, the hearing was closed.
The regular meeting was called to order.
Kipp Hicks – Madison County IDA
Kipp Hicks appeared before the Board at the invitation of the Mayor to explain the services that
Madison County IDA provide to communities in the County. He spoke of the benefits/incentives
that can be provided and how his agency works with communities throughout the County. He
provided a copy of a 2018 report from Empire State Development that highlighted various
downtown initiatives throughout ten different economic regions throughout the State. He spoke
of the NYS Regional Economic Downtown Initiatives and the transformational changes or
redevelopments occurring. He also explained Restore NY Grant process. The group spoke of
possible areas that could be targeted/reviewed by the Village; including the redevelopment of
the Lake Street School. He also spoke of various resources available that the Village might tap;
Madison County Planning Department, Madison County Tourism being two of those that are
willing to help. The Village should consider public and private needs and any plan needs to be
solid and inclusive of all. He also noted that Comprehensive Plan are helpful if applying for any
type of grant or program. He suggested getting a group together to talk about the big picture,
hurdles and also examine the issues. Tourism, residential, commercial components need to be
included in the discussions and put to paper. Mr. Freunscht spoke of his experience with the
$600,000 CDBG grant the Village was awarded which was later transferred to the Local
Development Corporation; a good experience, but the results were disappointing to a degree as
many businesses did not want to participate in the downtown revitalization project; it was difficult
to award the money as there was a lack of interested individuals. He has always wanted to see
the downtown thrive and the Village is unique with the business district layout and the residential
area; which is mostly to the west of the business area and residents go west rather than come
to the commercial/business area. The business area struggles because of this issue. The
group spoke of branding the community and partnering with the School district to perhaps cast a
wider net to involve more individuals and groups. The Board thanked Kipp for his input and
suggestions.
LDC
The Mayor advised that there is approximately $47,000 in the Local Development Corporation
bank balance. He has been in discussion with Jason Purvis of NYS Office of Community
Renewal. The funds are not the Village’s, but they can be re-directed through a process which
would involve conforming to the regulations for which the funds could be used. The group
2 January 22, 2019
spoke of various ideas that might fall within the required use format. The funds would need to
be committed by 3/31/19 or they are subject to return to the State.
Proposed Local Law – Change of Zone
The Board discussed the public hearing held this evening for change of zone for 112 Salt
Springs Road. Counsel Bell advised that Madison County Planning has left the decision for
local determination. She also advised that because there is property adjacent to this parcel
zoned low density residential this would not be spot zoning.
LOCAL LAW A-2018
(“A Local Law Amending the Zoning Map of the Village of Chittenango
to Include Certain Property Zoned Special Residential (SR)
in the Low-Density Residential (LR) District in the Village of Chittenango”)
The following resolution was offered by Trustee Bough Martin, who moved its adoption,
seconded by Trustee Horning, to wit:
WHEREAS, pursuant to the provisions of the Municipal Home Rule Law, a proposed
local law titled Local Law No. A-2018, “A Local Law Amending the Zoning Map of the Village of
Chittenango to Include Certain Property Zoned Special Residential (SR) in the Low-Density
Residential (LR) District in the Village of Chittenango”, was presented and introduced at a
Regular Meeting of the Village Board of Trustees of the Village of Chittenango held on
December 20, 2018; and
WHEREAS, a public hearing was held on such proposed local law on January 22, 2019
by the Village Board of Trustees of the Village of Chittenango and proofs of publication of
notices of such public hearings, as required by law, having been submitted and filed, and all
persons desiring to be heard in connection with said proposed local law having been heard, and
said proposed local law having been in the possession of the members of the Village Board of
Trustees of the Village of Chittenango in its final form in the manner required by Section 20 of
the Municipal Home Rule of the State of New York; and
WHEREAS, the enactment of Proposed Local Law No. A-2018 has previously been
determined to be an unlisted action and will have no significant effect on the environment thus
concluding the SEQR review process; and
WHEREAS, it is in the public interest to enact said Proposed Local Law No. A-2018.
NOW, THEREFORE, it is
RESOLVED that the Village Board of Trustees of the Village of Chittenango, Madison
County, New York, does hereby enact Proposed Local Law No. A of 2018 as Local Law No. 1 of
2019 as follows:
“VILLAGE OF CHITTENANGO
LOCAL LAW NO. 1-2019
A Local Law Amending the Zoning Map of the Village of Chittenango
to Include Certain Property Zoned Special Residential (SR)
in the Low-Density Residential (LR) District in the Village of Chittenango
BE IT ENACTED by the Village Board of the Village of Chittenango, pursuant to the provisions
of the Municipal Home Rule Law, as follows:
Section 1. Legislative Findings and Intent
The Zoning Map of the Village of Chittenango, as provided for in Section 148-11 of the Code of
the Village of Chittenango, shall be amended to include certain lands at 112 Salt Springs Road
(Tax Map No. 49.10-1-2.5), as described in the attached Schedule “A”, which are currently
designated Special Residential (SR), within the Low-Density Residential (LR) District zoning
designation as defined and regulated pursuant to the provisions of Chapter 148 of the Code of
the Village of Chittenango.
Section 2.
The Zoning Map of the Village of Chittenango shall be amended and shall incorporate the
change of zoning classification, as herein provided.
Section 3. Effective Date
This Local Law shall become effective immediately upon passage and thereafter filed with the
New York State Department of State.
SCHEDULE “A”
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements thereon erected, situate, lying and being in the town of Sullivan, Village of
Chittenango, County of Madison and State of New York, beginning at a point in the center line of
Salt Springs Road, said point being the southwest corner of Frank Matzell, reputed owner:
Thence (1) from said point of beginning along the southerly line of Matzell S. 84° 26’ 00”
E a distance of 368.80 feet to a point;
Thence (2) S. 4° 51’ 40” W a distance of 750 feet more or less to a point in the centerline
of a stream;
Thence (3) along the center line of said stream as it winds and turns a distance of
approximately 203 feet, more or less to a point;
2 January 22, 2019
Thence (4) N. 44° 41’ 00” W a distance of 245 feet more or less to a point;
Thence (5) N. 00° 19’ 00” E a distance of 401.37 feet to a point;
Thence (6) S. 85° 08’ 20” E a distance of 237.63 feet to a point;
Thence (7) N. 38° 46’ 00” W a distance of 321.50 feet to a point in the center line of Salt
Springs Road;
Thence (8) along the center line of Salt Springs Road N 54° 55’ 00” E a distance of
26.89 feet to the point and place of beginning.
Together with and subject to covenants, easements and restrictions of record, if any.
Containing 6.4 acres of land, more or less.
TOGETHER with a sewer line easement set forth in Instrument recorded 4/05/89 in the
Madison County Clerk’s Office in Book 883 of Deeds at Page 173.”
The question of the foregoing Resolution was duly put to a vote and, upon roll call, the
vote was as follows:
Trustee Horning yes
Trustee Bough Martin yes
Trustee Kopp yes
Trustee Baldwin yes
Mayor Pulver yes
The foregoing Resolution was thereupon declared duly adopted.
Minutes
The Board members reviewed the minutes of December 20, 2018. On page 4 a transfer was
authorized from OIN money to Parks Capital for $83,406. An additional transfer needs to be
added from the Contingent Account to the Parks Capital Account in the General Fund for
$83,406. Upon the motion made by Trustee Bough Martin seconded by Trustee Baldwin, the
Board approves the minutes of December 20, 2018 with the above amendment being added to
the minutes. All members present voting in favor.
Reports
Codes – The Board reviewed the report for December 2018
Court – The records were found to be in order per the report. The $6 check is still showing as
outstanding. Individual will be contacted about this check.
Village Clerk-Treasurer & Time cards – Trustee Baldwin and Trustee Horning reported that the
audit they conducted found everything to be order. They did find one-time card without a
signature and that issue has been corrected and the Department head advised.
WWTP – The Board reviewed the report with Mr. Cunningham. All DEC requirements have
been met. Trustee Baldwin asked about information about disposable wipes, which are
becoming quite an issue for the sewer lift stations and also the Treatment Plant. There was
also a brief discussion about the phosperous levels at the Plant, which are well within the limits,
but Mr. Cunningham commented that the State could change the requirements at any point in
time.
Administrator-The DPW has been looking into the purchase of a new lawnmower for the
Department. The existing mower would be given to the WWTP and the one currently at the
WWTP would be put up for sale. There is money in the budget for this purchase. He continued
his report; there was a meeting held last week with representatives from Google in regard to the
suggested change for the email system and the web site. Discussion has been held about
determining who would be the “super” administrator with the two servers (one police, one the
remainder of the building). It was suggested that Paul Tomaszewski be that individual, he is
currently serving as the Village’s current IT person. The Board discussed this as one option, in
order to keep the current Domain name in place. The Board also discussed the cost per each
email address. The Board agreed that they would not all need individual emails, but the Mayor
and Administrator should keep their email addresses. Mr. Gregory stated that definitely more
education is needed on how this program works, what the extra costs might be, data storage
recall and number of accounts. He spoke of the need to move money in the budget for all the
repeated repairs for the International Truck. He would recommend $5,000 be taken from the
DPW fuel line and moved to Repair line. Mayor Pulver stated he would add that transfer to the
budget modifications which will be discussed later in the meeting. Mr. Gregory reported that the
copier sold for $82 and has been picked up. The DPW truck tires have sold for $220 at Auction
Internationals. He spoke briefly in regard to the American Tower Agreement. There were
some language changes that he asked Counsel to review. This information will be discussed in
Executive Session. He continued his report and advised that the DPW is working on the DPW
Capital budget, they are working with an auction company to help determine a salvage value for
the current equipment on hand. The Mayor commented that information should be available in
a day or so. Mr. Gregory continued that the DPW has been obtaining quotes for the planned
purchase of a new recycling truck. Quotes have been received from three different vendors.
The quote, which is not the lowest, is from Tracey Road Equipment for a 2020 Western Star of
2 January 22, 2019
$240,000. The lowest quote was for an International, which is the brand of vehicle that has cost
the Village a tremendous amount of money for repairs this year and the DPW does not want to
purchase International because of all the issues and problems that they have been experiencing
with this brand. The building of the new vehicle will be one year and the crew would like to get
the new unit ordered as soon as possible. The plan is to swap bodies on the current Truck 16
and Truck 9. Sell Truck 9. Keep Truck 16. The Board discussed the information presented.
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, the Board
authorizes the Mayor to sign a contract with Tracey Road Equipment for the 2020 Western Star
recycling vehicle one the contract is prepared and presented to the Village. All members
present voting in favor. The Board discussed the purchase of the new lawn mower. Quotes
have been obtained for the new unit from various vendors. Warner Sales & Service has a
Hustler mower on State Contract pricing for $12,800 which fits the requirements of the
Department. Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning,
authorization is given to place the order with Warner Sales & Service for a Hustler mower in the
amount of $12,800. All members present voting in favor.
Brenda Jaquin - 611 Webber Drive – Code Complaint
Brenda Jaquin’s son commented that complaints have been filed with the Code Officer about
their neighbors and he knows that the Codes Officer is doing the best he can, but the issues and
concerns keep happening. The current complaint is in regard to the neighbor’s fence on theirs
which is causing damage to their fence and that there are poisonous plants and vines growing
over his fence into their fence and yard and the neighbor won’t take care of the problem. Both
he and his mother have health issues asthma and allergies which makes it impossible for them
to deal with the plant issue. The last complaint they filed was November 27 and it was just dealt
with last week. Counsel Bell explained that the Code Officer is following the limited complaint
procedure which does involve a notification and response process. The Board discussed the
information. The owner, Sam Dunkley is responsible for maintaining, cleaning up yard and
overgrown weeds. Counsel Bell commented that the matter between the neighbors is private
and hopefully the property owners can work together to come to some resolve. Mrs. Jaquin
also asked the Board about why her sewer bill was so high. The Board suggested she contact
OCWA as the bill is based on water consumption.
Mayor’s Dinner Meeting
Upon the motion made by Trustee Baldwin, seconded by Trustee Horning, the Board authorizes
payment of dinner/meeting in February for the Mayor’s Association if any Board member wishes
to attend. All members present voting in favor.
Update Check Signers
The Board members discussed updating the signers for the various bank accounts. Upon the
motion made by Trustee Bough Martin, seconded by Trustee Kopp, the signers for the bank
accounts will be Jill Doss, Debra Thayer, Mark Pulver, Wayne Horning and Melinda Kopp. All
members present voting in favor.
Budget calendar
The Clerk Treasurer presented a proposed budget calendar for the Board to review. The
workshop will be changed to April 4 from 2-5 p.m. due to the fact that some Trustees will be
away in March. The public hearing for the proposed budgets will be April 9 at 7 p.m. Upon the
motion made by Trustee Bough Martin, seconded by Trustee Horning, with the amendments
noted above, the budget calendar approved. The Clerk-Treasurer was instructed to make
corrections and circulate to all Department Heads and Board members. All members present
voting in favor.
The Grand – Request to Use Dr. West Park
Trustee Bough Martin discussed with the Board a request that has come into the Clerk’s Office
for use of Dr. West Park on June 7 by The Grand nursing facility for a recruitment fair. Trustee
Bough Martin reported she has spoken with Joy Lomazzo who has made the request. She has
been advised to fill out a park use application and also provide an insurance certificate to the
Village. There is no conflict with the Artisan Market, so that is not an issue. The Board had no
issue with the requested use. Trustee Bough Martin will get in touch with Joy and advise her.
Dig Safe Seminar
The Board reviewed a request from Code Officer Geer to attend the Dig Safe Seminar on March
12 from 8 a.m. to 12:30 with no cost, and four hours of training credit. Upon the motion made by
Trustee Horning, seconded by Trustee Kopp, Code Officer approved to attend the seminar. All
members present voting in favor.
2 January 22, 2019
NYSBOC Conference
The Board reviewed a request from Code Officer Geer to attend the NYSBOC Educational
Conference in Liverpool, NY 4/2-4/19. Upon the motion made by Trustee Bough Martin,
seconded by Trustee Baldwin, Code Officer Geer approved to attend the NYSBOC conference
in June. All members present voting in favor.
Foreclosure Notification-Madison County
The Clerk advised that a notice of foreclosure was received from Madison County for the
Charles Bennett property on Manor Drive. There is nothing that the Village needs to do, this is
merely for notification purposes.
NYCOM Winter Legislative Meeting
The Board discussed the upcoming NYCOM Legislative meeting February 10-12 in Albany.
Trustee Bough Martin and Trustee Kopp are planning to attend. Upon the motion made by
Trustee Horning, seconded by Trustee Kopp, the Board authorizes attendance at the NYCOM
Legislative Meeting. All members present voting in favor.
National Grid
The Mayor advised that there will be a meeting on Friday to discuss inventory. Barton &
Loguidice will be present at this meeting.
Capital Resolutions
Nothing to report at this time.
Fund Balance Training
The Mayor advised that he will do a webinar with NYSOSC on fund balance January 23.
Forrest Seguin – Chittenango DG, LLC
Trustee Bough Martin advised that Forrest Seguin has started the survey of the Chittenango
DG, LLC property.
SRO
The Mayor advised that work is continuing on the employment agreement for the SRO Michael
Thomas, the School and the Village. Scott Mahardy from the School is working on the IMA.
NY-Class & Village Investment Policy
Counsel Bell spoke with the Board in regard to the Village’s Investment Policy. Under the
current policy, Counsel Bell recommends some language changes.
Section VII Designation of Depositaries – be amended to reflect Community Bank
Section IX Collateralization and Safekeeping be revised to reference the depositary or third
party
Bank in the first sentence and reference in parenthesis to (or the pro rata portion of a pool of
eligible securities)” be deleted; and
Schedule A, the Section reference be amended from VIM to VIII and the “note” language be
deleted. The Board discussed the proposed changes to the Investment Policy. Upon the
motion made by Trustee Baldwin, seconded by Trustee Bough Martin, the Board approves the
recommended language changes to the Investment Policy. All members present voting in favor.
Counsel Bell also recommended that the Clerk check with Community Bank to see if the 3 rd
party custody agreement is alright.
NY-Class Agreement
Counsel Bell advised that she had reviewed the documents sent to her for NYCLASS
agreement. She has no objection to the Municipal Cooperation Resolution. The Board
discussed the information presented. Upon the motion made by Trustee Baldwin, seconded by
Trustee Kopp the following motion was moved and approved with all members present voting in
favor.
WHEREAS, New York General Municipal Law, Article 5-G, Section 119-o (Section 119-o)
empowers municipal operations (defined in Article 5-G, Section 119-n to include school districts,
boards of cooperative educational services, counties, cities, town and villages, and districts) to
enter into, amend, cancel, and terminate agreements for the performance among themselves
(or one for the other) of their respective functions, powers, and duties on a cooperative or
contract basis;
WHEREAS, the Village of Chittenango wishes to invest portions of its available investments
funds in cooperation with other corporations and/or districts pursuant to the NYCLASS Municipal
Cooperation Agreement Amended and Restated as of March 14, 2014;
2 January 22, 2019
WHEREAS, the Village of Chittenango wishes to assure the safety and liquidity of its funds;
Now, therefore, it is hereby resolved as follows:
That Jill A. Doss is hereby authorized to execute and deliver the NYCLASS Municipal
Cooperation Agreement Amended and Restated as of March 14, 2014 in the name of and on
behalf of the Village of Chittenango.
Once the agreement is signed and transmitted to NYCLASS the process will begin for acquiring
data for beginning the investment practice.
Valley Acres – Diversion Structure
Counsel Bell advised that she has sent letters to the owner of records (at his two address
locations) on two occasions and has not heard anything back from him. The Board discussed
briefly the process of eminent domain. They Board also discussed the possible help the
diversion structure would offer. John Brzuskiewicz from the Town suggested perhaps the Town
could assist in contacting the individual about the proposed drainage project, as the property
involved is just out of the Village boundary on Dyke Road. The Mayor will get information to
John Brzuskiewicz.
Policy Review and Review of Bonodio report meeting
The Board spoke of establishing a work meeting to continue to discuss updating policies and
also to review the draft report prepared by Bonodio. The Board will meet on February 19 at 9:15
p.m.
Workplace Violence Policy
Copies of the revised Workplace Violence Policy were given to each Board member earlier.
Upon the motion made by Trustee Kopp, seconded by Trustee Bough Martin, the Board
approves the revised copy of the Workplace Violence Policy. All members present voting in
favor.
Book Kiosk-Kirschenheiter Park
Trustee Bough Martin reported that the book kiosk has been built for Kirschenheiter Park.
When the weather clears the Kiosk will be placed at the Park; the Board will discuss at a later
meeting more details about the location of the kiosk.
Abstract #8
General Fund Abstract # 8- 458-521 $128,898.27
Upon the motion made by Trustee Horning, seconded by Trustee Baldwin, General Abstract #8
approved for payment as outlined above. All members present voting in favor.
Sewer Fund Abstract #8 110-127 $34,408.74.
Upon the motion made by Trustee Baldwin, seconded by Trustee Kopp, Sewer Abstract #8
approved for payment as outlined above. All members present voting in favor.
Payroll Fund
The Hartford Insurance $39.90
Upon the motion made by Trustee Bough Martin, seconded by Trustee Horning, The Hartford
invoice $39.90 authorized to be paid. All members present voting in favor.
Budget Modifications
A1210.42 Mayor Publications increase $100
A1210.44 Mayor Comm. Events decrease $100
A1320.4 Auditor Contractual increase $1000
A1440.10 Consultants decrease $1000
A5110.47 DPW Fuel decrease $5000
A5110.48 DPW Veh Repairs increase $5000
Upon the motion made by Trustee Bough Martin, seconded by Trustee Baldwin, budget
modifications as outlined above approved. All members present voting in favor.
Executive Session
Upon the motion made by Trustee Baldwin, seconded by Trustee Bough Martin, the Board went
into Executive Session to discuss lease of real property and possible payroll changes. The
Board advised there might be action at the conclusion of the session. All members present
voting in favor.
2 January 22, 2019
Upon the motion made by Trustee Bough Martin, seconded by Trustee Kopp, Board reconvened
with no action taking place during the Executive Session. All members present voting in favor.
American Tower
The Board members discussed the responses from American Tower in regard to the proposed
amendments. Counsel Bell explained the proposed changes. Upon the motion made by
Trustee Baldwin, seconded by Trustee Bough Martin, the Board authorizes the Mayor to sign
the American Tower agreement subject to the language being included in the agreement and
review by Counsel and changed related to the use and also confirmation of the accuracy of the
legal description described in such document. All members present voting in favor.
With no further business, meeting adjourned at 11:12 p.m.
Respectfully submitted,
Jill A. Doss
Village Clerk-Treasurer
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