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Meetings
4/13/2009 7:30:00 PM
Meeting Information
Mayor Olson called the meeting to order at 7:30pm in the Board Room of the Fayetteville Village Hall.
Mayor Olson led those present in a recitation of the Pledge of Allegiance.
FAYETTEVILLE-MANLIUS SCIENCE OLYMPIAD’S PROCLAMATION
Mayor Olson read a Proclamation that he presented to the Fayetteville-Manlius Science Olympiad Team. The team took 1st place in March of 2008 in a State –Wide competition held at West Point.
PROCLAMATION
April 13, 2009
WHEREAS The Village of Fayetteville encourages academic team participation for all youths which promotes teamwork, commitment, dedication and develops leadership skills, and
WHEREAS The 2009 Fayetteville-Manlius Science Olympiad Team, for the seventh consecutive year, finished first in the New York State Science Olympiad on Saturday, March 21, 2009 at West Point, and
WHEREAS The 2009 Fayetteville-Manlius Science Olympiad Team competed
In 25 different events to ultimately beat 52 other teams from
Across the entire State of New York, and now move forward to
the national competition in Augusta, GA, and
WHEREAS The 2009 Fayetteville-Manlius Science Olympiad Team was coached by Jamie Cucinotta and Assistants, Joshua Buchman; Erin Concannon; Richard Hartwell; Michael Osborn; and Benjamin Gnacik and Jacqueline Lull and
WHEREAS The 2009 Fayetteville-Manlius Science Olympiad Team was led by Co- Captains Sinan Isik and Matthew Izant, and
WHEREAS The Village of Fayetteville salutes all the team players:
Rahul Bhan
Elliot Tan
Yuan Chen
Linda Liu
Jiechen Chen
Kim McHenry
Nick Demas
Eric Rosenthal
Sinan Isik
Douglas Sampson
Matt Izant
Derek Napierala
Mike Kaplan
Stewart Wenner
Catherine Hrbac
for their outstanding and successful season.
NOW, THEREFORE, I, Mark A. Olson, Mayor of the Village of Fayetteville, on behalf of the citizens of the Village of Fayetteville, do hereby congratulate these students on their accomplishments.
Dated this 13th day of April 2009 ___________________________
Mark A. Olson, Mayor
Village of Fayetteville
MINUTES MARCH 23, 2009
Trustee Small made a motion to accept the minutes of the March 23, 2009 meeting. Trustee Coleman seconded the motion and it was carried by unanimous vote.
SYRACUSE CHARGERS AGREEMENT
Trustee Small made a motion to authorize Mayor Olson to sign the following agreement with the Syracuse Chargers
AGREEMENT
BETWEEN THE VILLAGE OF FAYETTEVILLE
AND SYRACUSE CHARGERS TRACK CLUB
This agreement made as of the 10th day of May, 2009, by and between the Village of Fayetteville, a New York municipal corporation, with offices in Fayetteville, NY and the Syracuse Chargers Track Club with a principal place of business located at 213 Scott Avenue, Syracuse, NY 13224;
Whereas, the Syracuse Chargers Track Club, Inc. possesses the necessary skills and expertise to ensure that the 10K road race is professionally conducted; and
Now therefore, in consideration of the foregoing the Village of Fayetteville shall appropriate $3,500.00 to the Syracuse Chargers Track Club in return for its services and for promotion of the Village of Fayetteville in connection with its Memorial Day 10K Road Race.
In witness whereof, the parties hereto have caused this agreement to be executed by their representatives indicated below on the date indicated above.
Village of Fayetteville Syracuse Chargers Track Club, Inc
Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Trustee Kinsella attended a Banquet held by the Syracuse Chargers Association and accepted an award on behalf of the Village for their continued support. Trustee Kinsella said that the banquet was very nice.
PUBLIC HEARING RESTORE NEW YORK GRANT:
Mayor Olson asked Bob Petrovich, of S&W development, to give a brief overview of the Restore New York Grant that the Village of is applying for on behalf of the Ledyard Falls Development. Mr. Petrovich explained that the Redevelopment project is located at 400 Clinton Street, Fayetteville, NY. The proposed project includes demolition of the vacant industrial building, clean-up and construction of twenty (20) residential units. The total project budget is 7 million dollars and the grant request is 2.5 million dollars. Mr. Petrovich explained that all the work involved with the grant will be done by S&W Development.
Mayor Olson opened the Public Hearing at 7:45pm.
No public comments were made; Mayor Olson closed the hearing at 7:45pm.
The board discussed the grant and agreed that as long as there is no cost or financial impact to the Village it is a great opportunity to clean up an unsightly property within the Village.
2009-2010 BUDGET HEARING
Mayor Olson highlighted the 2009-2010 Village Budget. The proposed tax rate is $6.70/thousand, which represents a 0% increase, the Mayor and Justice salary was decreased by $1,000.00 each, Trustees salaries was decreased $250 each, employee wages were increased 3%, Departments Heads 1% increase, Department Heads were tasked with decreasing their operating budgets by 5%, property assessments increased $2 million dollars, the lowest increase in several years, interest earnings have significantly decreased. The Reserve Accounts are fully funded.
Mayor Olson opened the Public Hearing at 8:00pm.
Malcolm Bender is concerned that the property owners along Feeder Street pay a water tax and do not have public water. Mr. Bender suggested that the Village Board consider budgeting about $45,000.00 to construct a water line that will provide these properties with public water and add a Fire Hydrant to the area.
Richard Penhall commended the board on a job well done. As former Mayor of the Village of Manlius, Mr. Penhall knows full well the difficulties of presenting a balanced budget, keeping the tax rate the same all well maintaining the level of service for the residents.
No further comments. Mayor Olson closed the hearing.
PUBLIC HEARING MORATORIUM R-3 DISTRICT
Attorney Spencer told the board that the referral came back from Onondaga County Planning and there was no comment. County Planning indicated that the Village Board was free to act without concern for any Intermunicipal Agreements.
Mayor Olson opened the meeting for any public comments.
Mr. Perry, 407 Clinton Street, asked the Village Board for some background as to why the moratorium is being considered.
Attorney Spencer explained that an application was presented to the Planning Board asking for a Commercial-A residence with a commercial use. The application brought to light an ambiguity in the law that the board was unaware of. Several members of the board had recalled that in the past a commercial use in the R-3 District required that the building be owner-occupied. Because the wording in Chapter 187.2 is unclear, the Village proposed the consideration of a moratorium, essentially a time-out, which would give the Village a chance to review the code. The law would place a freeze on any approvals, but an applicant would have the right to make an appeal to the Village Board.
Malcolm Bender believes that it is unfair to place this kind of restriction on the property owners after the fact. Specifically, Craig Polhamus, who purchased the property at 114 Genesee Street based on the Village of Fayetteville Code and what is permitted in the code.
Mayor Olson stated that the Village Board has really taken a look at the Genesee corridor from McDonald’s to Lyndon Corners and they do not want to see that type of Commercial sprawl happen in the Village of Fayetteville.
Craig Polhamus stated that he is the owner of 114 Genesee Street in the Village of Fayetteville and he has owned this property since January 23, 2009. Mr. Polhamus further stated that the building is in an advanced state of decay and disrepair, it is his intent to restore the property to its original state any type of delay would be detrimental to the structure. Mr. Polhamus believes that Trustee Coleman, who already has a Commercial use with a special permit, is promoting this moratorium to stop competition. Mr. Polhamus is concerned that this type of action can cause lawsuits and he would advise that the Village Board further review their proposal so that it would not be perceived as arbitrary and capricious.
Mayor Olson stated that the board has reviewed this proposal from a non-personal standpoint. Mayor Olson stated that he struggles with the District being converted into 2&3 family homes.
Mr. Polhamus stated that if the moratorium is imposed he will have no alternative but to slice and dice the structure and make it a multi- family dwelling.
Pam Bender asked if she wanted to paint her house would she need to come to the board to ask for permission if the moratorium is put into effect.
Mayor Olson said that the way the law is written that she would.
Mike Rowe cautioned the board about the law of unintended consequences.
Karen Harris asked Mr. Polhamus to be specific in his intent for the house at 114 Genesee Street, is his proposal for a bed and breakfast or a boarding house.
Mr. Polhamus stated neither; his application is for a Commercial A residence.
Bill Harris stated that the concern is creeping commercialism and the issue is specifically owner occupied.
Mr. Polhamus said that when he is done with his renovation the best use will be for a single family residence.
Mayor Olson closed the Public Hearing at 8:50pm.
Trustee Kinsella has a couple of issues he is concerned with. First he wants to be certain that it is understood that the moratorium is not solely for the Historic District it is for the entire R-3 District. Secondly, in the past the Planning Board has been confronted by owners and issues in the R-1,2, & 3 District and it has been the practice of the Planning Board to deny any commercial use if it was not owner occupied. Trustee Kinsella was unaware, until now, that a situation could exist allowing for a commercial use without the property being owner occupied.
Trustee Kinsella stated that a Trustee living in the area was not a factor in his decision to consider a moratorium, but rather the past precedent of denials to former property owners.
Trustee Small has heard many good comments and concerns. He currently lives next to Craig Polhamus and does not notice any traffic because of Mr. Polhamus’s current home office. Trustee Small does not believe that certain dwellings, owner occupied or not, should be generalized. As for the moratorium Trustee Small is in favor of the proposal in order to give the board some time to look at what is best for the village and feels that it is necessary to give the board some time to review the code.
Trustee Coleman stated for the record that she does have a special use permit and she owns and operates a bed and breakfast at her residence on Genesee Street. By state law it is required that a Bed and Breakfast be owner-occupied. Trustee Coleman further stated that Mr. Polhamus implied that she does not want competition; to the contrary she would embrace it. Trustee Coleman stated that she is audited every 2 years by the County and her business is an open book.
Trustee Coleman stated that there was another person who purchased a house in the R-3 District and he wanted to turn it into a 2 family with and professional art studio and he was denied his application because he was not going to occupy the property. As for a hardship that will be created for Mr. Polhamus if the moratorium is imposed Trustee Coleman said that does not fly with her.
Mayor Olson stated that he would like to wait for the ZBA’s interpretation on the Commercial-A residence in the R-3 District before rendering any decision on the proposed moratorium. The Zoning Board of Appeals is meeting on Monday April 20th; Mayor Olson would like the Village Board to meet Tuesday April 21, at 7:30 to review the interpretation of the ZBA.
VERIZON FIOS
Mayor Olson told the board that he and Attorney Spencer met with Verizon regarding a Cable Television Franchise Agreement with the Village. Verizon has requested that the Village hold a public hearing at the last meeting in May.
MS -4 STORMWATER: CNY REGIONAL PLANNING AND DEVELOPMENT
Trustee Small made a motion to pass the following resolution:
Resolution Supporting Participation in the
Central New York Regional Planning & Development Board’s
Year-Two MS4 Stormwater Compliance Assistance Program
Resolution authorizing the items listed below pursuant to requirements of the New York State Pollutant Discharge Elimination System Municipal Separate Storm Sewer System General Permit.
WHEREAS, __________________________________________________________________
(Legal Name of Municipality)
herein called the “Municipality”, after thorough consideration of the various aspects of the problem and consideration of available information, has hereby determined that certain work, as described in Attachment A, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project; and
WHEREAS, the Central New York Regional Planning & Development Board, herein called the “Board”, has provided program planning and implementation assistance pertaining to the requirements of the New York State Pollutant Discharge Elimination System (SPDES) Stormwater Phase II General Permit for Municipal Separate Storm Sewer System (MS4) operators since 2002, and
WHEREAS, the Board has proposed to conduct a regional public education, outreach and training compliance program to “reduce municipal staff burdens, ensure message consistency, provide widespread priority audience targeting, and provide the most efficient use of limited municipal funds by distributing total program costs over a number of entities” within a fifteen month timeframe as outlined in Attachment B;
NOW, THEREFORE, BE IT RESOLVED BY ________________________________________
(Governing Body of Municipality)
1. That ___________________________________________________________________
(Name and Title of Chief Elected Official)
or such person’s successor in office, is the representative authorized to act in behalf of the Municipality’s governing body in all matters related the Project;
2. That the Municipality agrees that it will fund its portion of the cost of the Project according to the fee schedule included as Attachment C, and that 50% of the funds will be made available to the Board no later than May 1, 2009 to initiate the project, and that 50% of the funds will be made available to the Board no later than December 1, 2009 to complete the project.
3. That one (1) certified copy of this Resolution will be prepared and sent to the Board no later than March 31, 2009.
4. That this Resolution take effect immediately.
Trustee Kinsella seconded the motion and it was passed by unanimous vote.
MEMORIAL DAY PARADE PERMIT
Trustee Coleman made a motion to authorize Mayor Olson to sign a parade permit for the Memorial Day Parade to be held Monday May 25, 2009 at 9:00 am. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
THOMPSON ROAD SPEED BUMPS
Mayor Olson was asked about placing speed bumps on Thompson Road to help slow down traffic. The board agreed to ask the Town of Manlius Police to place the counter on Thompson Road before the speed bumps are put out.
2009-2010 ANNUAL APPOINTMENTS:
Mayor Olson made a motion to approve the following appointments and their corresponding terms:
Deputy Mayor Daniel Kinsella 1 year
Clerk-Treasurer Lorie Corsette 1 year
Deputy Clerk-Treasurer Lisa DeVona 1 year
Records Access Officer Lorie Corsette 1 year
Dep. Access Officer Lisa DeVona 1 year
Acting Village Justice Thomas Kutzer 1 year
ZBA Chairman Peter Olson 1 year
ZBA Dep. Chairman Mariana Mangan 1 year
ZBA Member Richard Silverman 1 year
Planning Board Chair Jane Rice 1 year
Planning Board Dep. Chair Marty Brunet 1 year
Planning Board Member John Keehfus 5year
Planning Board Assoc. Member JoAnne Gagliano 1 year
Planning Board Assoc. Member Mike Rowe 1 year
Historic Preservation Member Craig Polhamus 1 year
Historic Preservation Comm Chair Craig Polhamus 1 year
Historic Pres. Dep. Chair Bruce Coleman 1 year
Historic Preservation Member Marcus Barns 1 year
Tree Commission Chairperson Pat Tobin 1 year
Tree Commission Member Esther Konrad 4 year
Tree Commission Assoc. Member Leslie Reitano 1 year
Tree Commission Assoc. Member Cliff Buckley 1 year
Parks Commission Member Richard Pearson 5 year
Parks Comm. Assoc. Member Kim Basile 1 year
Parks Comm. Assoc. Member Pat White 1 year
Village Historian Barbara Rivette 1 year
Superintendent of Public Works James Craw 1 year
Ass’t Superintendent of Public Works Patrick Massett 1 year
Safety Coordinator Patrick Massett 1 year
Board of Ethics Daniel Kinsella 1 year
Board of Ethics Kathleen Elliott 1 year
Board of Ethics Carol Braund 1 year
Town of Manlius Environmental Council Alex Friedman 1 year
Town of Manlius Environmental Council Malcolm Bender 1 year
Audit Committee Michael Small 1 year
Audit Committee Daniel Kinsella 1 year
Village Clock Keeper Charles Moore 1 year
Official Newspaper Eagle Bulletin 1 year
Official Depository M&T bank 1 year
Official Depository Key Bank of NY 1 year
Official Depository JP Chase Morgan 1 year
Official Depository MBIA Class 1 year
Official Depository Bank of America 1 year
Official Depository Citizens Bank 1 year
Trustee Kinsella seconded the motion and it was carried unanimously.
Mayor Olson then established the following liaison appointments:
Trustee Kinsella to: Recreation, Dept. of Public Works, Senior Center, Court and Special Committee
Trustee Small to: Fire Department, Sidewalks, Parks Commission, Tree Commission and Comprehensive Plan.
Trustee Coleman to: Gage Foundation, Code Enforcement, Co-Chair Celebrations, Town of Manlius, Consolidation Committee and Chamber of Commerce.
Trustee Randall to: Police, Co-Chair Celebrations, Street Lighting, Library, Building & Grounds and Pandemic Committee.
ABSTRACT #17
Trustee Small made a motion to approve Abstract #17 in the amount of $146,612.57. Trustee Coleman seconded the motion and it was carried by unanimous vote.
FIRE DEPARTMENT BUILDING RENOVATION
Sean Foran of Hueber Bruer gave the board a presentation on the progress of the designs for the proposed Fire Department Renovations. Mr. Foran gave the Board a timeline of the project and the dates that they will be holding the public meetings.
Chief Hildreth wants to make sure that the board is in agreement with everything that has been done as of this date and that the board is all in agreement that the project should move forward towards a referendum.
The board agreed that the committee should continue with the timeline that they have set.
DOT PROPERTY AGREEMENT
Mayor Olson told the board that he had a meeting with the Department of Transportation regarding the property adjacent to the Canal Park Landing. Mayor Olson has asked Attorney Spencer to review the agreement and make necessary comments or recommendations.
Trustee Kinsella made a motion to authorize Mayor Olson to enter into an agreement with the New York State Parks and Historic Preservation regarding the property along the Canal Landing Park after approval and recommendations by the Village Attorney. Trustee Coleman seconded the motion and it was carried by unanimous vote.
ROUNDTABLE
Mayor Olson reminded the Trustees that newsletters should be submitted by the next board meeting, April 27. Barbara Rivette will be giving a Historical Presentation on April 15th at 5:30pm. Mayor Olson has contacted Lynch’s Landscaping to clean up the landscaping in the front and back of the municipal building; the price will be the same as last year, $925.00. The Village of Fayetteville has received a $10,000 grant for the Syracuse Symphony and a $20,000 grant for accounting software.
Trustee Small made a motion to allow Jim Craw to attend an APWA conference in Des Moines, Iowa at a cost of $1200.00. Trustee Coleman seconded the motion and it was carried by unanimous vote.
Trustee Small made a motion to allow Jim Craw to attend a conference in Ithaca, June 1-4 at a cost of $500.00. Trustee Coleman seconded the motion and it was carried by unanimous vote.
Trustee Small presented the board with a bill from a resident at 200 Cashin Drive. The resident requested reimbursement for a plumbing bill that he received in the amount of $250. The resident called a plumber because his sewer backed up.
The board agreed that it is not the practice of the village to pay for bills such as this and residents need to contact the DPW if they have a problem with sewer backing up.
EXECUTIVE SESSION
Trustee Small made a motion to enter into an Executive Session at 11:05 pm to discuss a personnel issue. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Trustee Kinsella made a motion to come out of Executive Session and reconvene to regular Village Board Meeting at 11:10pm. Trustee Small seconded the motion and it was carried by unanimous vote.
Chief Hildreth would like Jeff Jones and Bob Kraft to attend a National EMS Conference in Orlando Florida. The total cost for both to attend will be about $2500.
Trustee Kinsella made a motion to authorize Jeff Jones and Bob Kraft to attend a National EMS Conference in Orlando Florida at a cost not to exceed $2500.
Trustee Kinsella made a motion to adjourn the meeting at 11:15pm. Trustee Coleman seconded the motion and it was carried by unanimous vote.
Respectfully submitted
Lorie C. Corsette
Village Clerk
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