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Meetings
11/9/2009 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.
MINUTES OCTOBER 26, 2009
Trustee Coleman made a motion to accept the minutes of the October 26, 2009 meeting as amended. Trustee Small seconded the motion and it was carried by unanimous vote.
HAZARD MITIGATION PLAN
Mayor Olson explained the Village of Fayetteville’s Hazard Mitigation Plan and our participation with Onondaga County on this plan. Richard Greene has updated the plan and forwarded it on to the county for incorporation in their plan. Mayor Olson would like the board’s approval for the Village of Fayetteville to continue participation with Onondaga County for the Hazard Mitigation Plan.
Trustee Small made a motion to approve the Village of Fayetteville’s participation with Onondaga County’s Hazard Mitigation Plan. Trustee Coleman seconded the motion and it was carried by unanimous vote.
ABSTRACT #9
Trustee Kinsella stated that he did not have a chance to review Abstract #9. Trustee Small did look at Abstract #9 and signed vouchers that required his signature.
Trustee Small made a motion to approve Abstract #9 for $172,336.22. Trustee Coleman seconded the motion and it was carried by unanimous vote.
FEEDER STREET – FIRE HYDRANT
Charlie Welch came to the board to see if any decisions were made to extend the water service to his property on Feeder Street.
Mayor Olson is concerned that the water line will only benefit 2 houses and the cost is $38,000. Mayor Olson needs to have the Village Attorney look into the legality of charging back the cost of the improvement to the property owner.
Mayor Olson gave the example of the street lights in Signal Hill and how the Village is partnering with the Signal Hill Home Owners Association to install new lights. The Village has proposed that the HOA pay for the new lights and the installation over a ten year period, and the Village will pay for the electricity and the maintenance of the lights.
Mayor Olson asked Mr. Welch how much money he would be willing to contribute to the cost of extending the water main to his property.
Mr. Welch stated that he would like the Village to get as close to $38,000.00 as they could. Mr. Welch said that he could handle some cost, but to pay the entire amount would not be a feasible plan for him.
Trustee Small asked if there are any other parcels that would benefit from this extension and would those property owners be interested.
Mr. Welch said that he has not talked to the other property owner and does not know if they would be interested or not.
Mayor Olson asked Mr. Welch how much he would be willing to spend.
Mr. Welch said he would put the ball in the Village’s court and as much as the Village will spend will be helpful.
Trustee Coleman is concerned that if the Village went ahead and extended the line and spent the money that there are no guarantees that Mr. Welch would hook up to the water.
Mr. Welch assured the board that he would connect to the water. Mr. Welch stated that he pursued this property for ten years before he purchased it and he is definitely committed.
Mayor Olson said that he will look into the legality of what can be done and talk with the Trustees about it at the next board meeting.
SIGNAL HILL LIGHTING AGREEMENT
Rick Konvicka told the board that he presented the proposed lighting agreement to the board of the Signal Hill Homeowners Association. Mr. Konvicka said that the proposal was well received and that it had been turned over to the HOA Attorney, Harry Williams.
Mayor Olson asked if the HOA was agreeable to the location of the poles.
Mr. Konvicka said that yes they were and that they would like to have the Village get the prices for the poles and installation.
Mayor Olson said that the board would like to purchase 10 poles, 9 for installation and a spare pole.
The Board agreed that the Village should prepare a Request for Proposal for the purchase of the street lights.
FAMILY MEDICAL LEAVE ACT – REVIEW
Mayor Olson presented the board with a FMLA Policy for inclusion in the Employee Handbook
Mayor Olson made a motion to adopt the new Family Medical Leave Act Policy as follows:
607 Medical and/or Family Leave of Absence Policy
PURPOSE: The purpose of this policy is to communicate the Village’s procedures for granting leaves of absence for medical and/or family reasons in accordance with Civil Service Laws and Village policy.
THIS POLICY IS: Strongly Recommended
ACTION STEPS: This policy provides a recommended approach to administering leave for full-time employees who face a serious or disabling medical condition (including pregnancy/childbirth) or family care obligations. It provides for specific time frames and rights which are allowed to eligible employees under specific circumstances. Review the provisions included below, and modify or delete any that you feel are inappropriate.
Policy Statement – It is the policy of the Village of Fayetteville to grant a full-time employee a leave of absence without pay for a period of up to twelve weeks, under certain circumstances related to medical reasons or family care obligations.
Granting of Leave of Absence – The granting and duration of each leave of absence will be determined by the Village Board in conjunction with applicable federal and state laws, including Civil Service Law Sections 71, 72 and 73, as applicable, and the Onondaga County Department of Personnel Rules for Classified Service.
Types of Leave – The following types of leaves of absence will be considered:
• Sick Leave of Absence – Employees who are unable to work because of a serious health condition or disability may be granted a sick leave of absence. This type of leave covers disabilities caused by pregnancy, childbirth, or other related medical conditions. The Village requires certification of an employee’s need for sick leave, both before the leave begins and on a periodic basis thereafter, by the employee’s health care provider.
In addition to leave provided under this policy, employees may be eligible for a leave of absence pursuant to Civil Service Law Section 71. Section 71 provides that covered employees shall be entitled to a leave of absence for at least one cumulative year (unless found to be permanently disabled) when disabled due to an occupational injury or disease as defined in the Workers’ Compensation Law. This leave runs concurrently with the designated Medical and/or Family Leave. Employee should consult with their supervisor for further details regarding this provision.
• Parental Leave of Absence – Female employees, when not disabled by pregnancy or childbirth (see above), and male employees may be granted a parental leave of absence to care for a child upon birth or upon placement for adoption or foster care.
• Family Care Leave of Absence – Employees may be granted a family care leave of absence for the purpose of caring for a child, spouse or parent who has a serious health condition. The Village requires certification of the family member’s serious health condition, both before the leave begins and on a periodic basis, by the family member’s health care provider.
Eligibility – To be eligible, an employee must meet the following requirements:
• The employee must have completed at least one year of full-time, continuous service during the previous twelve months prior to the date leave commences.
• Spouses who both work for the Village are allowed a combined maximum of twelve workweeks of leave for the birth or care of a newborn child, adoption or foster care of a child and to care for such newly placed child, or the serious health condition of a child, spouse or parent, during any twelve month period.
Definitions – For the purpose of this policy, the following definitions will apply:
• Serious Health Condition will mean and refer to an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider, including, but not limited to:
? A period of incapacity of more than three consecutive calendar days and any subsequent treatment or period of incapacity that also involves continuing treatment by a health care provider;
? A period of incapacity due to pregnancy or prenatal care;
? A period of incapacity or treatment for such incapacity due to a chronic serious health condition;
? A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or
? A period of absence to receive multiple treatments, including any period of recovery, by a health care provider, or by a provider of health care services under orders of or on referral by a health care provider, for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
• Health Care Provider will mean and refer to a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices; or any other person defined in the FMLA regulations capable of providing health care services.
• Family Member will mean and refer to:
? Spouse – husband or wife as defined or recognized under State law for purpose of marriage;
? Parent – biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined directly below. This term does not include an employee’s parents "in law".
? Child – biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age eighteen, or age eighteen or older and "incapable of self-care because of a mental or physical disability". Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
Notification Requirements – If the need for leave is foreseeable, the employee must give notice, in writing, to the supervisor at least thirty calendar days prior to the commencement date of the unpaid leave. The employee and supervisor must complete the Leave of Absence Request Form and forward the completed form to the _______________ for review. The failure of an employee to give thirty days’ notice of foreseeable leave with no reasonable excuse for the delay may result in the delay of the employee taking the leave until thirty days from the date of notice. When the need for leave is unforeseeable, verbal notice to the employer will be sufficient.
Status Reports – The employee must periodically update the supervisor as to the employee’s status and intent to return to work.
Medical Certification – The employee must produce a medical certification issued by a health care provider which supports the need for a leave under this policy. When required, the employee must provide a copy before the leave begins, or if the leave was unforeseeable, fifteen calendar days from the date the certification was requested. Failure to submit medical certification may jeopardize the employee's eligibility for an unpaid leave of absence and/or the ability to return to work. The medical certification must include:
• The date the medical condition began;
• The probable duration of the medical condition;
• Pertinent medical facts; and,
• An assertion that the employee is unable to perform the employee’s essential job functions or that the employee is needed to care for a family member for a specified period of time.
The Village of Fayetteville reserves the right to request a second opinion by another health care provider. The Village will pay for the second opinion. In the event a conflict occurs between the first and second opinion, the Village may, again at its own expense, obtain a third opinion from a health care provider approved jointly by the Village and the employee. This third opinion will be final and binding.
Leave for the Birth, Adoption or Foster Care Placement of a Child – Leave for the birth of a child or the placement of a child for adoption or foster care must conclude within twelve months from the date of the birth or placement.
Certification for Adoption/Foster Care – An employee must produce proper certification from the appropriate agency for an unpaid leave for the adoption or foster care of a child.
Employment Restrictions During Leave of Absence – While on an approved unpaid leave, the employee may not be employed by another employer during the same hours that the employee was normally scheduled to work for the Village.
Benefits During a Leave of Absence – For the purpose of this policy, the following will apply:
• Use of Accrued Paid Leave Credits – An employee taking leave for the birth, adoption or foster placement of a child or to care for a spouse, child or parent with a serious health condition must first use all vacation leave credits which will be included in the maximum twelve weeks of leave. The substitution of paid leave for unpaid leave for these types of leave does not extend the twelve-week period.
For leaves taken due to the employee’s own serious health condition, the employee must first use all sick leave and vacation leave credits, which will be included in the maximum twelve weeks of leave. However, in the event that the paid leave credits available are greater than the maximum twelve-week period, an employee may use paid leave credits to extend the leave of absence beyond the twelve-week period, up to a maximum of one year. If, after the completion of the one-year leave of absence, the employee is medically unable to return to work (as determined by a health care provider) and the employee has leave credits remaining, the Village Board may authorize an extension of the employee’s leave of absence until such benefits are exhausted. However, job reinstatement beyond the one-year leave of absence is not automatic and will be dependent upon job availability, in accordance with Civil Service Law Sections 71, 72 and 73, as applicable, and the Onondaga County Department of Personnel Rules for Classified Service.
• Accrual of Paid Leave Credits – An employee will continue to accrue vacation and sick leave and receive holiday pay during the portion of the leave that is paid. Paid leave is defined as leave during which the employee continues to use accumulated paid vacation and sick leave. After all such paid leave is exhausted, the remaining leave of absence is unpaid. An employee will not earn paid vacation or sick leave or receive holiday pay for any holidays that may occur during an unpaid leave of absence.
• Medical Insurance – During the period of authorized leave under this policy, up to a maximum of twelve weeks, an employee’s eligibility status for medical insurance coverage will not change. All employee contributions (if any) must be paid on a timely basis in order to maintain the continuous coverage of benefits. Contributions will be at the same level as if the employee was working. Coverage will cease if payments are not made within a thirty-calendar day grace period of the due date. Premium payments or policy coverage are subject to change. In the event the employee fails to return to work after the authorized leave of absence period has expired, provisions of COBRA will apply. In addition, the Village may recover the premium that it paid for maintaining the coverage during any period of the unpaid leave except for the following circumstances:
? The continuation, recurrence, or onset of a serious health condition of the employee or the employee's eligible family member with proper medical certification; or,
? Circumstances beyond the employee's control, such as: parent chooses to stay home with a newborn child who has a serious health condition; employee's spouse is unexpectedly transferred to a job location more than 75 miles from the employee's worksite; the employee is laid off while on leave.
Return to Work – The following conditions for returning to work will apply:
• Job Restoration – At the conclusion of the leave of absence, (except for leaves beyond a one-year period) the employee, provided that the employee returns to work immediately following such leave, will be restored to the position the employee held when the leave began, or an equivalent position with equivalent benefits, pay and working conditions. For an authorized leave of absence beyond the one-year period, job restoration will be dependent upon job availability, in accordance with Civil Service Law Sections 71, 72 and 73, as applicable, and the Onondaga County Department of Personnel Rules for Classified Service.
• Medical Statement – Before resuming employment, an employee must submit a statement from the employee’s health care provider indicating that the employee is able to return to work either with or without restrictions. The Village reserves the right to have the employee examined by a physician selected and paid for by the Village to determine the employee’s fitness to return to work either with or without restrictions. Failure to return to work when required may be considered a voluntary termination.
• Early Return – An employee who intends to return to work earlier than anticipated must notify the supervisor at least five business days prior to the date the employee is able to return. The supervisor shall in turn notify the Executive Director.
• Extension of Unpaid Leave of Absence – An employee who wants an extension of the leave previously requested must notify the employee’s supervisor at least two business days from the date the change occurred which necessitates the change in leave time. The Village Board reserves the right to approve all leave extensions.
The purpose of this the following statement is to recognize that the Village (as a public sector employer) is covered by and required to comply with the Family and Medical Leave Act (FMLA). It further explains that while the Village is covered by the Act, employees do not meet the FMLA eligibility criteria because the Village employs less than 50 workers (who work 20 or more workweeks during the year). Please note that this compliance requires that you display the current FMLA poster at each of your worksites.
FMLA Statement of Compliance – The Village complies with the provisions of the Family and Medical Leave Act (FMLA). The Village of Fayetteville currently does not employ fifty or more employees who work twenty or more calendar workweeks per year. Therefore, Village employees are not presently eligible for leave under FMLA, and will be afforded leave in accordance with the foregoing policy provisions. If at some point the Village of Fayetteville should employ fifty or more employees for twenty or more calendar workweeks in the current or preceding year, eligible employees will be afforded leave in compliance with FMLA.
Trustee Small seconded the motion and it was carried by unanimous vote.
HPC RESIGNATION
Trustee Randall made a motion to accept Marcus Barnes resignation from the Historical Preservation Committee. Trustee Small seconded the motion and it was carried by unanimous vote.
Trustee Kinsella made a motion to move Pat Heaton from Associate Member of the Historical Preservation Committee to member of the HPC, filling the vacancy left by Marcus Barnes. Trustee Randall seconded the motion and it was carried by unanimous vote.
Trustee Randall made a motion to appoint Jennifer Champa to the vacant position of Associate Member to the Zoning Board of Appeals. Trustee Coleman seconded the motion and it was carried by unanimous vote.
DPW - UPDATE
Trustee Kinsella said that the DPW is still working on leaves, but he is still getting calls from residents that their leaves have not been picked up yet.
DECEMBER MEETING SCHEDULE
Trustee Small made a motion to hold only one meeting for the month of December on December 21, 2009 at 6:00pm. Trustee Randall seconded the motion and it was carried by unanimous vote.
R-3 DISTRICT - ZONING INFORMATIONAL MEETING
Trustee Small made a motion to hold a Public Informational Meeting to discuss the proposed changes to the zoning requirements in the R-3 district on January 11, 2010 at or around 7:30pm. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
FIRE DEPARTMENT - APPLICATION
Trustee Small made a motion to accept the application for membership from Maxxann Palmitese, pending all background checks. Trustee Randall seconded the motion and it was carried by unanimous vote.
ROUNDTABLE
Attorney Spencer explained that Time Warner Cable is currently operating under the 1998 franchise agreement and have been given 6 month extensions since the expiration of the agreement by the Public Service Commission ( PSC). Attorney Spencer was advised by Pat Johnson of the PSC, as a practical matter, to complete the franchise agreement transaction with Verizon FIOS T.V. and get that in place before further negotiations with Time Warner. Now that the Verizon Franchise Agreement is complete, Attorney Spencer will send a letter to Tom Dohney, Counsel for Time Warner, and work on getting an agreement in place.
Attorney Spencer has drafted all the necessary paperwork to take legal action against the Estate of Louise Dupra, 213 S. Burdick Street. Attorney Spencer submitted formalized documentation for both Mayor Olson and Richard Greene to sign.
Trustee Kinsella made a motion authorizing Mayor Olson and Richard Greene, Code Enforcement Officer, to sign affidavits to petition the Supreme Court to take action against the Estate of Louise Dupra to repair the structures or allow the Village to demolish the structures located at 213 S. Burdick Street. Trustee seconded the motion and it was carried by unanimous vote.
Attorney Spencer told the board that he is working on some intermunicipal agreements between the Village of Hamilton and the Village of Fayetteville for Salt Brine, at the request of Superintendent Craw.
Trustee Small reminded the board that the Fayetteville Senior Center will be holding its wine and cheese tasting event Friday November 13, 2009 from 6pm-9pm.
Trustee Coleman has had a great deal of interest from people who would like to be on the Sign Committee. Planning Board Chairman, Jane Rice, told Trustee Coleman that she would provide her with sign regulations from other municipalities.
Clerk Corsette presented the Board with a proposal from Verizon FIOS, to switch the Village of Fayetteville telephone service to a Verizon plan. Verizon will allow the Village to bundle all of the telephone lines and the FIOS connections which will significantly reduce the cost from what we are paying to our current provider.
Trustee Small made a motion to authorize Clerk Corsette to research telephone service providers and switch the Village of Fayetteville service to a plan that provides the best service at the best price. Trustee Coleman seconded the motion and it was carried by unanimous vote.
Clerk Corsette presented the board with a Solicitor’s Permit Application from 20/20 companies. This company is requesting permission to go door to door soliciting for Verizon FIOS Television, for 1 yr, Monday through Friday 1pm – 9pm and Saturdays 10am – 6pm.
Trustee Randall made a motion to approve the Solicitor’s Permit Application, pending all background investigations, to allow the 20/20 company to conduct door to door solicitation for Verizon FIOS TV, for 1 yr, Monday through Saturday from 10am -6pm. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
ANNUAL HOLIDAY PARTY
Mayor Olson told the board that the Annual Holiday Party is scheduled for Friday December 11, 2009. Mayor Olson will have more details at the next Village Board Meeting.
EXECUTIVE SESSION
Trustee Small made a motion to enter into an Executive Session at 8:10 pm to discuss a Personnel Matter and to include Chief Hildreth, Attorney Spencer and Clerk Corsette. Trustee Small seconded the motion and it was carried by unanimous vote.
Trustee Kinsella made a motion to reconvene the regular meeting at 8:20pm. Trustee Randall seconded the motion and it was carried by unanimous vote.
Trustee Coleman made a motion to adjourn the meeting. Trustee Small seconded the meeting and it was carried by unanimous vote. Meeting adjourned at 8:20pm
Respectfully submitted
Lorie C. Corsette
Village Clerk-Treasurer
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