Tuesday, September 8, 2009

September 8, 2009 Minutes

Date: September 8,, 2009
Time: 7:00 pm

Attendees (elected): Mayor , Trustees O’Connor, Kurkowski, Patrick, and Dawley

Attendees (appointed & employed): Clerk – Diane Blackwell
Treasurer – Donna Wells
Attorney – Paris Cavic
1) Call to order: Mayor Frohne, at 7:00 pm
2) Roll call of members: all present
Clerk- Diane Blackwell- motion to amend the August 26, 2009 minutes, and to waive the reading of the August 26, 2009 minutes, motion made by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.
Amended:
Motion to go into Executive Session to discuss matters regarding proposed, pending or current litigation,
and to reconvene in Open Session.
Amended:
Motion to go into Executive Session to consider the purchase, exchange, lease or value of real property,
and to reconvene in Open Session
Motion made to approve the minutes as corrected, made by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.

Special Business:
1) Chris Yakobucci, from Lamont Engineering spoke to the board about the WWTP project.
1st. issue: Cary Park Rd.- Sewer routing; Existing depth of sewer line is 4ft. deep. Current design for project shows it should be dropped 10ft. Concern is for future expansion for the sewer system. Question is do they want to deal with Gravity sewer vs pump station forced main. Chris explained that a gravity sewer system will outlast a pump station, and pump station forced main will have yearly operational maintenance cost. Cost to dig 4ft. deeper would be $10,000.00. This will be covered in the stimulus package; however, one of the alternates may have to be eliminated.
Resolution made to lower pipes according to the specifications to meet the casing pipes on Route 20. Motion by Trustee Kurkowsk, 2nd. by Trustee Patrick. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes.
2) Chris Yakobucci:
2nd. issue: Cary Park Rd. – Flower sub-division. Chris asked the village if it would prefer to stay with current plan or do the proposed routing for the Flower sub-division. After discussion, it was decided to stay with the current plans and if the Flower Project does develop, it would be their responsibility.

3) Chris Yakobucci:
3rd. issue: Darrell Decker proposal was to relocate sewer main on his property. SHPO did give clearance. Chris asked if the village wants to pursue this relocation. Issues of concern are, 1) don’t know what the area might be filled with, could be chunks of concrete, rock, tree roots, etc. If anything is found during construction, would have to be removed and would be extra cost. 2nd issue, don’t know if any environmental issues related to an industrial facility like this. The other concern is the cost to redesign. $1300.00 has been spent to get SHPO clearance. Estimated cost to do redesign would be $2500.00 for this area. Also, would need easement description and easement map. The money already spent on the design would be lost. On the positive side, would be easy access and operation maintenance in the future.
Resolution made to accept the proposal to relocate sewer main at 43 Langdon Ave., Richfield Springs,NY. Motion made by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes.
Also, was stated that the DEC has signed off on the review, and got approval from the DEC for the permits to clear out the wetlands. The schedule for bids is September 15, 2009.

Elizabeth and Nathan Thompson approached the board about the water drainage problems they are having on 21 Cary Park Rd. Asked the village if there is anything they can do to help. After discussion, was informed they should approach the DEC about the land, to check if it is wetland or not, and should approach the Winzer Co. that owns Price Chopper. The problem has escalated since the development of Price Chopper and other stores have been put in.

Code Enforcement: Theresa Murwin came to discuss the notice violation she received. She informed the board that she had cleaned up the area but was told she had to report to the board anyway. Mayor Frohne apologized to her for the misunderstanding. Address of property, 44 Church St.

Tom Hallock, Fire Chief:
1) Ambulance is back in service as of 9/4/09. Two lights not working,have to be replaced and are on order. C. Furner sanded and painted 2 doors in back, 1 side door and a couple compartment doors. Tom stated that before winter they would need 4 new tires for the ambulance. He said he would start getting some prices, and would put in the procurement book for approval.
2) There are 4 or 5 people planning to take the Basic EMT course in West Winfield. Cost is $115.00 per person, which the Fire Dept. will pay for the training.
3) There is a new Certified EMT as of Aug. 2009, has had physical and they have waived the 6 mo. waiting period of being in the district.
4) Mayor Frohne asked Tom what progress had been made on possibly eliminating the storage units that cost $2400.00 per year. Discussion about putting a storage barn up to eliminate cost of storage units. Donna asked what the exact measurements are. Mayor and Donna will check into this.

Clerk Reports:
Abstract #007:
A General Fund, $10,180.94
FX Water Fund 8,803.09
G Sewer Fund 5,984.23
$ 24,968.26
Motion to accept and pay bills made by Trustee Patrick, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes; Motion carried.

Clerk fees paid to treasurer for month of August, 2009, $79.00
Tax payments taken in as of September 8, 2009, $507,994.00, outstanding, $78,380.98.
Since August 26, 2009 cost of certified mail for property maintenance, $11.08.

Jim Malinowski put paperwork in to go to 4 workshops thru NYRWA at a total cost of $114.00.
Motion to approve made by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.


Treasurer-Donna Wells
1) Transfers for new lines: add a new line-A1010.4 Trustee Contractual, Move from: A1990.4 Contingent Acc. $100.00 to A1010.4.
Move from: G8197.2 Capitol Expense. $2000.00 to: G8120.1 Sanitation T/L Personal Services.
Move from: FX 8310.4 Water Contractual $1000.00 to: FX8310.11 Non-Water Personal Services.
Add a new line for ZBA Contractual A8010.41 $1000.00. Move from: A8030.4 Research/Grant Work.
Motion made to transfer and add new lines by Trustee O’Connor, 2nd. by Trustee Patrick. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.
2) Mr. Flowers was sent a bill for damage to sewer line on Cary Park Rd. No response as of yet.
3) Check returned for insufficient funds was made good along with $25.00 protest fee paid to bank by Village, and also paid the current bill. Was noted resident is still in the house even though it has been condemned. The County Codes Officer, Dan Wilber was made aware by our treasurer that the resident was still in the house, he stated that the county can not physically remove the resident, the next step would be DA who will issue an eviction notice, and then the sheriff will remove the resident from the premises. The treasurer will call Dan Wilbur, and if no satisfaction then the DA will be notified to see what can be done.
4) Postage meter in village office being replaced by postage scale. The last two payments must be paid. The cost of the postage machine totaled $8487.60.
5) IDA property-there is no access for driveway, mostly wetlands. Donna spoke to Zondra Hart, she said she would check take it to the board and get back to us.
6) Passed out the Profit and Loss Budget vs. Actual for June through August 2009.
7) Christian Brothers was billed for water cleanup from flood in basement of building on August 29, 2009, bill totaled $186.25. When the asbestos was removed from the roof, the contractors neglected to cover the roof.
8) Letter was received from Judy Pangman concerning the storm water work, from Manley to James to Lake to Bronner St. Was in the green portion of stimulus and was removed because other portions took priority. She recommended we pay Lamont $3000.00 to do a Grant through the DEC which is 85% grant, the rest the village would have to pay. Total cost is estimated at $825,000.00, the village would have to pay $264,000.00. The village can not afford that kind of payment at this time. Deadline for grant is October 16, 2009. After discussion, a motion was made to not do the grant at this time. Motion made by Trustee O’Connor, 2nd. by Trustee Kurkowski. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.
9) Have received 2 signed fire contracts, from Town of Warren and Town of Schuyler.
10) The treasurer would like to go to a payroll workshop in Cooperstown on October 1st. 2009. Motion to approve made by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes, Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.
11) EFC- we received 2nd. payment.
12) Transfer site – surveyor came in and said he would give us a copy of the deed proving the village owns it. Treasurer urging the village board to have a written agreement that the town will not tax that piece of property as long as they are using it.

Code Enforcement Officer- Doug Bordinger
1) 12 West James St.- needs mowing
246 Main St.- needs mowing
19 Lake St. - needs mowing
Motion to order to have mowed made by Trustee O’Connor, 2nd. Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.
Doug sent out 10 letters of violation, 7 were mowed, 3 did not respond.
2) Church St.- the Bible Church owns the lot next to the parking lot, a letter will be sent to ask to please mow
the lot.
3) Doug was asked about the corner of Walnut St. He left a notice, but will follow up on it.
4) Asked about the codes to remove “junk” vehicles. After a lengthy discussion, no decision was made.

Mayor Frohne
1) Issue of pigeon droppings at corner of Main St. and Center St.- no change with this situation, after discussion, was decided to send a property maintenance letter out, and if the village does the clean up, the owner will be billed.
2) Mayor Frohne audited the Judges books on 9/5/2009. Followed the check list. Motion made to accept by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-abstained; Mayor Frohne-yes. Motion carried.
Resolution made to accept the findings of the Justice’s books. Resolution attached to minutes.

Motion to go into Executive Session to discuss Personal matters: Made by Trustee O’Connor, 2nd. by Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayo Frohne-yes, Motion carried.

Motion to come out of Executive Session, made by Trustee O’Connor, 2nd. Trustee Dawley. Trustee O’Connor-yes, Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohen-yes. Motion carried.

Motion for pay raise for Doug Bordinger, $.40 per hour made by Trustee Kurkowski, 2nd. by Trustee O’Connor,
Motion amended for $.40 raise to $.25 raise made by Mayor Frohne, 2nd. by Trustee Dawley. Amended motion,
Trustee O’Connor-no; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-no; Mayor Frohne-yes; motion carried.
Motion for pay raise for Doug Bordinger at $.25 per hr. for crossing guard duties, made by Mayor Frohne, 2nd. by Trustee Dawley, Trustee O’Connor-no; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-no; Mayor Frohne-yes. Motion Carried to start with $.25 pay raise effective immediately.

3) Estimate from Ed Bello for side door of Library building: estimate is $1663.17 for labor and materials, and $75.00 for primed galvanized rust resistant door. After discussion, motion made to approve by Trustee Kurkowski, 2nd. by Trustee Dawley. Trustee O’Connor-yes, Trustee Dawley-no; Trustee Patrick-no; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried. Money will come out of the Building Contractual Expenses, per Treasurer Donna Wells. Total cost will be $1738.17.
4) Mayor spoke to Scott Street about use of Village Park on Rt. 28. Mr. Street told Mayor he will bring in proof of insurance to the village office.

Trustees Reports:
Trustee O’Connor-
1) Water meters almost complete
2) Chesapeake Bay water testing,2 year program, every month for 26 months, Tom Shypski has to take to Utica. Must pass certain parameters, if our system does not pass, a UV system to pretreat the water before it is treated, must be put in and would cost $ 300,000.00. So far, everything tests good. Should be good for 11 years.
3) Sewer dept, clarifier is operational.
4) SPIEDES permit DEC- intent to modify the SPIEDES permit to become compliant with Chesapeake Bay Commission for the nitrates in the discharge.

Trustee Patrick:
1) Tabled the report of the Cemetery Commission meeting until 9/30/2009 meeting.
2) Allens Lake, when we passed motion to charge $10.00 fee for outside residents, possibly changed standards to recreation. After discussion, motion to rescind fee of $10.00 for outside residents to fish in Allens Lake and to only open up to village residents made by Trustee Patrick, 2nd. Trustee Dawley. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Motion carried.
3) Concerned about lighting in memorial room.

Trustee Kurkowski;
1) Questioned board on what is an Emergency. Concerned about Fire Dept. repairs. What has to be brought to a meeting for decisions or what should be fixed immediately.
2) Asked the status on with the ZBA concerning the Opera House. Still working on this issue. Attorney Cavic is working on this and they are now the Lead Agency for SEQRA.
3) Concerned about the sewer situation on Linden Ave. House has been condemned, and the resident is still living there. Next step is to get in touch with Otsego Co. Code Enforcement Officer, then the DA and then sheriff to have resident evicted.
4) Sidewalks- Problems with the sidewalks being blocked. After discussion, no decisions made.
5) Discussion on non-profit status making the Opera House tax exempt

Trustee Dawley
1) Went to shared services meeting with Trustee Patrick at the school. Discussion on having meetings at the school, there are a lot of empty rooms available, and also encouraged all board members to come to the Open House on Sept. 15, 2009.
2) School asked about the use of the building on the little league field. Trustee Patrick told them he would discuss it with the board.

Motion to adjourn; made by Trustee Patrick, 2nd. by Trustee O’Connor. Trustee O’Connor-yes; Trustee Dawley-yes; Trustee Patrick-yes; Trustee Kurkowski-yes; Mayor Frohne-yes. Meeting adjourned at 10:30 pm.



Respectfully submitted:

Diane Blackwell
Village Clerk