Minutes. Village Board of Trustees. February 23, 2017

Transcription

1 Minutes Village Board of Trustees February 23, 2017 A meeting of the Village of Horseheads Board of Trustees was held on the above date at 7:00 p.m. Present were: Village Board and Staff Deputy Mayor Mike Skroskznik Trustee Pat Gross Trustee Bill Goodwin Village Atty. John Groff Village Manager Brad Lytle Clerk-Treasurer Sharron Cunningham Parks Dir. Nate Nagle Manager s Asst. Rachel Baer Plan. Bd. Chair Mike Stenpeck Village Justice Lou Tarantelli Absent Mayor McIntosh Trustee Maloney Others Present. Laurie, Norm Schoener, Fairfax St. Andrew Epler, Fairfax St. Mike Kiser, Duncan Dr. Gennie Houck, Fairfax St. June Stout, Fairfax St. Tom Santobianco, Bethany Village Jim, Ann Marie Gibson, Fairfax St. Jack Gilroy, Center St. Gabe Rossettie, Grand Central Ave. Jay Parmenter, Parmenter Motors Karen, Fred White, Watkins Rd. Public Hearing: Proposed Local Law on Tax Cap Override Atty. Groff declared open the public hearing. Nobody came forward. Atty. Groff closed the public hearing. Public Hearing: Application of Cummins, Inc. for Special Use Permit 224 N. Main St. Atty. Groff declared open the public hearing. Nobody came forward. Atty. Groff closed the public hearing.

2 2 D&A: Application of Cummins, Inc. for Special Use Permit At this time the Board reviewed the questions on Part 2 of the SEQR form, finding no negative environmental impacts. Then authorized a Negative Declaration be prepared. Resolution by Trustee Gross, seconded by Trustee Goodwin WHEREAS, Upstate Commercial Properties, LLC ( Upstate ) is the owner of lands known as 224 N. Main St., Building P-1, Horseheads, NY (Tax Map Parcel # ) which is located in an M-1 Industrial Zone, and WHEREAS, Upstate has leased said premises to Cummins, Inc. ( Cummins ) for use of same as an automobile service and repair station, and WHEREAS, such use is a Special Use in an industrial zone per Section of the Village Code, and WHEREAS, Upstate has consented to Cummins application for a Special Use Permit on behalf of Upstate as Cummins use of the improved real property would be an adaptive reuse of same, and WHEREAS, Cummins has submitted a Short Environmental Assessment Form as part of its application. NOW THEREFORE BE IT RESOLVED THAT, pursuant to and in accordance with the provisions of NYS State Environmental Quality Review regulations (6 NYCRR Part 617) Section 617.6, Initial Review of Actions and Establishing Lead Agency, the Village of Horseheads Board of Trustees hereby makes the following determinations and classifications with respect to the proposed issuance of a Special Use Permit ( Action ): 1. The Action is subject to SEQR. 2. The Action does not involve a federal or state agency. 3. The Action is preliminarily classified as an Unlisted Action. 4. The Board of Trustees is and will be the Lead Agency with respect to adoption of, approval of, the Action. 5. The Village Board finds and determines a) it has considered the Action, reviewed the Short Environmental Assessment Form, reviewed the criteria set forth in 6 NYCRR 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has considered all of the potential environmental impacts and their magnitude in connection with the proposed Action; b) the Action will not result in any moderate to large environmental impacts and therefore is one which will not have a significant impact on the environment, and c) the reasons supporting this determination are set forth on Part 3, Determination of Significance, of the Short Environmental Assessment Form with respect to this Action. 6. The Village Board, as Lead Agency, hereby: a. Adopts a Negative Declaration pursuant to 6 NYCRR with respect to the Action.

3 3 b. Authorizes Village Manager Brad Lytle to sign a Determination of Significance finding that the Action will not result in any significant adverse environmental impacts, and c. Authorizes Village Clerk-Treasurer Sharron Cunningham to forward a copy of said Determination of Significance to the Village Planning Board, the Village code Enforcement Officer, etc. 7. This resolution shall take effect immediately. Resolution by Trustee Gross, seconded by Trustee Goodwin WHEREAS, Cummins, Inc. ( Cummins ) applied to the Village of Horseheads for a Special Use Permit for an automobile service and repair station at 224 N. Main Street, Bldg. P-1, Horseheads, NY (Tax Map Parcel # ) on behalf of and with the consent of the owner of said premises, Upstate Commercial Properties, LLC, and WHEREAS, the application is subject to SEQR, was classified as an Unlisted Action and a Determination of Significance was issued by the Village of Horseheads Board of Trustees finding no significant environmental impacts, and WHEREAS, the application was referred to the Planning Boards of the Village of Horseheads, Town of Horseheads, and County of Chemung for review and consideration pursuant GML Section 239-m, and their recommendations have been received and considered, and WHEREAS, the Village Planning Board reviewed the application at its meeting on February 13, 2017 and recommended approval of the application, and WHEREAS, Special Uses are regulated by Article XIX of the Zoning Law of the Village of Horseheads, Chapter 245 of the Village Code, which requires a public hearing and a public hearing was held on this date at which time all interested parties were afforded an opportunity to comment regarding the application, and WHEREAS, the subject site is improved with an existing commercial structure and the use applied for is an adaptive reuse of same, and WHEREAS, the applicant has submitted its application and has requested that the application be treated as both preliminary and final application, and WHEREAS, this Board has reviewed the application and supporting materials and has found same to be compliant with the requirements of Village Code Section (A) and (B) as well as Section (A), and

4 4 WHEREAS, this Board has considered the reports, findings and recommendations of all other boards and agencies which have considered the application and finds that granting the application is in the public good and best interests of the Village and its residents. NOW THEREFORE BE IT RESOLVED, that the Village of Horseheads Board of Trustees does hereby grant a Special Use Permit to Cummins and Upstate to use the above-described premises as an automobile service and repair station provided that the following conditions shall be and continue to be observed, kept and satisfied by the owner and occupant of the subject property: 1. Outside storage of dismantled vehicles, engine parts, automobile parts and supplies or the like is prohibited. 2. Noise shall be muffled so as to not become objectionable due to intermittence, beat, frequency or shrillness, and decibel level measured at property lines shall not exceed street background noise. 3. Parking on-site is prohibited except for vehicles in the process of being or having been serviced, those belonging to employees and service vehicles owned/leased by the occupant. 4. No vehicle waiting for service or which has been serviced shall be parked on the site for a period longer than 72 hours. 5. All lighting shall be directed away from adjoining properties. 6. The property shall be orderly arranged and well maintained. And be it further RESOLVED, that in the case of a violation of any of the aforesaid conditions this permit may be revoked by the Board of Trustees provided however that there should be no such revocation until substantial evidence of such violation shall have been presented to this Board at a meeting of said Board called for the purpose of hearing such evidence on notice to the owner and occupant, and be it further RESOLVED, that this resolution shall take effect immediately. Don Musser, Cummins will be site manager. Mr. Lytle gave me list of conditions. Two I d like to discuss. Outside storage of vehicles parts, etc. Cummins is an environmentally friendly company. Don t want junk yard. Occasionally we have part of a truck, engine inside, and then push chassis outside. That could be 24 hrs or 30 days. Also, no vehicle waiting shall be parked longer than 72 hrs. Similar situation. We re repairing engines in trucks. Sometimes trucks come in late on a Friday. Don t get a hold of someone till Tuesday or Wed. Then it s a few days for a decision. In those cases you ll always see an intact vehicle. We will not store any parts outside. If we do they are crated and scheduled for pickup. I ask that those two areas be amended. Discussion ensued. After discussion with the applicant, the following Motion to Amend was made and approved:

5 5 Motion to Amend by Trustee Gross, seconded by that Conditions #1 and #4 be eliminated from this resolution; however it is understood that the applicant and the Village Manager will work on developing language to address concerns in these items and to incorporate timelines that work with the applicant s business model, understanding that ultimately the conditions are the prerogative of this Board at a future date. Roll Call Vote to Amend Resolution: Roll Call Vote on Resolution As Amended: D&A: Proposed Local Law on Tax Cap Override Resolution by Trustee Goodwin, seconded by Trustee Gross WHEREAS, the New York Legislature adopted a law signed by the Governor establishing a limit upon real property tax levies by local governments commonly known as the Tax Cap Law (GML Section 3-c), and WHEREAS, Village Manager Brad Lytle has explained to this Board that it may be necessary to override the tax levy limit to meet contractual obligations, fund health insurance expenses, fund pension contribution payments, and fund the increasing cost of commodities, among other things, and WHEREAS, GML Section 3-c, Subdivision 5 expressly authorizes the Village Board to override the tax levy limit by the adoption of a local law approved by a vote of 60% of the Village Board, and WHEREAS, this Board has been presented with and reviewed a proposed local law to override the tax levy limit established in GML Section 3-c for the fiscal year , and WHEREAS, a public hearing regarding said local law was held on February 23, 2017, and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Village as required by law, and WHEREAS, this Board finds, after due deliberation, that it is in the best interest of the Village to adopt said local law. NOW THEREFORE BE IT RESOLVED, that the Village of Horseheads Board of Trustees hereby adopts said Local Law entitled A Local Law to Override the Tax Levy Limit Established in GML Section 3-c, a copy of which is to be placed on file with the Village Clerk, and filed with the

6 6 Secretary of State. Resolution by Trustee Goodwin, seconded by Trustee Gross BE IT RESOLVED, that the reading of the minutes of the Board of Trustees Meeting of February 9, 2017 be dispensed with and the same stand approved as entered by the Clerk. Village Manager Lytle as you can see from that monthly justice report over 50% money goes to state. Village portion under 40% Trustee Gross this needs to be looked at very seriously. This department losing money. Need report on total cost of that department, security, etc. Village Manager Lytle I can put something together and bring to budget workshop. Resolution by Trustee Goodwin, seconded by Trustee Gross BE IT RESOLVED, that the Justice Reports for January 2017 be received and placed on file in the Village Clerk s Office. Resolution by Trustee Goodwin, seconded by Trustee Gross BE IT RESOLVED, that a public hearing is hereby scheduled for Thursday, March 9, 2017 at 7:00 p.m. regarding the application of Kapral Enterprises for a Planned Unit Development Amendment for proposed construction of duplexes at 350 Gardner Road.

7 7 Audience Participation Tom Santobianco, Bethany Village I submitted a proposed Host Community Agreement, hope Board considers this. Everyone knows how we serve our community. Village services like responses of Fire Dept. and Police Dept. are essential to us thriving. We are approaching a point in our history that the acceptance of host agreement as presented will enable us to refinance our facilities and continue to contribute to community, etc. Gennie Houck, 205 Fairfax St. we are here for an update on house at 110 Catalpa. Part of truck is still sitting out in yard. Moved from side of house to side of garage. Very visible. Was told they would be cited. We are just wondering time frame. It s been several weeks already. Manager Lytle the process for handling this is restricted by the state. It was 14 days from notice now its 30 days. Then they get a warning notice that s 30 days. Then a 2 nd warning notice. We re on track with this. Once that is up they will be served with a notice to remedy. I can call you with dates. Mrs. Houck not getting any better. Some other residents are here too. Tired of nonsense of this household. Called police because of volumes of vehicles, number of people in and out. Late at night. It just doesn t stop. When I called Police they were working on a truck in the driveway. My bedroom is 10 ft from that. Their repairing a truck with music blaring. Officer said they were just loud, no music. But I told him its still loud. Where are my rights. Why do they have all the privileges. Neighbors here this too and call police. June Stout 205 Fairfax one of their pit bulls was after me. That s the 2 nd time. Something has to get done. We are fed up. It doesn t matter what we do or say, and then Mrs. Houck told them to get dog out of our yard, someone from there said shut up. We called landlord who said they are good tenants. Its all guys who live there. Does landlord even have right to rent it out? I shouldn t have to live my life in fear. Something has to change. Deputy Mayor Skroskznik the first complaint was Jan 12 th. I spoke to the Manager and Code Enf. Officer who were looking into property registration law. I d like an update on that, and on the dog situation. There is a leash law. We have to abide by the law, but we can also make sure the property owner is on the property regis list, etc., and on leash law. Mrs. Stout how many vehicles can you have in your driveway and front lawn. Last week there were 10 cars there. Laurie Shoener 208 Fairfax St. car didn t move from the street all weekend no ticket, nothing. Then they switched cars and one truck was blocking the yield sign. Sounds like they are letting dogs fight, etc. James Gibson, 210 Fairfax St. this happened last year and this year two pit bills they have.

8 8 They take them with harnesses and on skateboards, and they run the dogs around the block on leashes. Dogs pulling the men on skateboards. In the middle of the street. Going around Catalpa and Shelbourne. Deputy Mayor please be sure to report all incidents. Every one. Mrs. Houck I have. Police officer said he couldn t send anyone. I called landlord and woke him up. Mr. Gibson the post office didn t deliver mail on our street because of the loose pit bulls. Trustee Gross couldn t police ticket them for parking, and parking on lawn? Maybe for the next few weeks. Mrs. Shoener We called Animal Control. Showed them pictures of dogs running loose. They said they would take dogs but it never happened. Deputy Mayor Skroskznik the Village Manager is going to look into this with code, police, and dog control. To make sure we have a solid case. Everything that you call is recorded. Then we can look at the information. Right now we have code and police. Dog control is not village but we do have a say. Manager Lytle I m sure the Police pass by at least once a shift. Mrs. Shoener they seem to be friends with police. When the police come, the tenants go out to the car and chat with them. Manager s Report Budget * All Dept. Budgets have been submitted by the Dept. Heads. * Sharron and I have reviewed the preliminary budgets with the Dept. Heads of the Court, DPW, Cemetery, and will be scheduling the remainder next week. * Our goal is to find savings in areas that we can, but there are so many lines we have no control over, like Insurance, Workers Compensation, Retirement, Etc. * Shared Services o New World/Tyler Software Webinar scheduled for Monday, Feb. 27 to review the billing module, which we anticipate using for our Water billing. FEMA * Mike Wymer, Wendel, has reviewed what we need to do to send out an RFP on our Phase 1 Archeological Study. * Refinancing of the bond was shortened to Aug. in the hope that we will have completed the Phase 1 Study and will receive our FEMA funds and will pay off the Bond.

9 9 Purchasing - Instituted new Policy that all Contracts must be kept in a file in the Village Manager s Office. o Finger Lakes Technologies o LSI Found Time Warner billing for addresses, which we don t have. Possible 10 years of $10 monthly billings that were in error, since we discontinued our Time Warner Internet Service. They agreed to refund $140 IT Support * PD has asked that we work with Chemung County for the systems that we share with them, like: TRAC, IMPACT & RICI, which I did. We will be discussing DOC Farmland * DOC sent us information on the past ownership of the property, although not an Abstract. We are sufficiently satisfied with this paperwork and will not be expending monies to produce an Abstract. * Contacted the Town of Horseheads to get a Tax Exempt status on the property, and we will also have to do the same with the School District and the County. * Ready to take Possession, but don t know when???? Water * HD and Sensus were in for a meeting and are telling us that in the very near future they will stop supporting the server-based software solution we currently have with them. The change to a cloud-based system will greatly increase our costs, but there are no alternatives, short of replacing all of our reading/reporting equipment. * Completed a preliminary analysis on what other municipalities charge in comparison, and reviewing their rules to see if there are any things they are doing that might benefit the Village. Our water rates are among the lowest in the state. Mega Energy * Cancelled electric supply from American and signed agreement with Constellation. * Signed agreement with Direct Energy for gas. Manager Lytle added the following: - Working on budget only one more dept plus Clerk s Office. Should have something to you by Thursday morning. Then the following Tuesday, March 7 th, is first budget workshop. Thanked Tom Santobianco for all their work in the community. Agreement is a generous offer. Opportunity for tax exempt entities to recognize some of the value of services given by the community. They offered a one time pmt of 50K, then 10K for each of the next 5 years. I d like

10 10 the Board s agreement to let us enter into this agreement. Atty. Groff offered the following resolution: WHEREAS, Bethany is the owner of premises commonly known as 3005 Watkins Road, Horseheads, NY, consisting in part of a skilled nursing facility and adult daycare, and WHEREAS, the Village of Horseheads has assisted Bethany in the past to finance improvements to these facilities, specifically relative to IRS Ruling 63-20, which affords special financing and interest rates to a project that facilitates community services, and WHEREAS, Bethany would like to refinance and no longer utilize the IRS financing, but rather a bond and other vehicles, and WHEREAS, a component of the 6320 is that ownership of the financed facility rests with the Village at the end of the financed term, and WHEREAS, the Village of Horseheads does not feel it has the interest or capability of operating a skilled nursing facility and wants to assist Bethany in its goals of bond refinancing, and WHEREAS, Bethany recognizes that there are indirect and direct impacts to the Village of Horseheads due to operation of its facilities, and wishes to make an effort to mitigate those impact, in particular fire and police services, and WHEREAS, representatives from Bethany and Village Manager Brad Lytle have met and have discussed a solution which would enable Bethany, under the terms of a Host Agreement, to provide financial assistance to the Village of Horseheads in the form of a one time payment of $50,000 upon the refinancing of its project, and subsequent payments of $10,000 annually for the next five years. NOW THEREFORE BE IT RESOLVED, that Village Manager Brad Lytle and Village Atty. John Groff are hereby authorized to negotiate the terms and conditions of a Host Community Agreement with Bethany and its representatives to reflect in substance the arrangement noted above, and be it further RESOLVED, that following this agreement there will be subsequent actions taken by this Board in the form of environmental reviews and real property ownership transfer which will culminate in transfer of ownership of title to real property to an entity to be determined by Bethany and the Chemung County IDA. Motion made by Trustee Gross, seconded by Trustee Goodwin

11 11 Manager Lytle reported that we cancelled the arrangement with American Electric and Gas. They won t be pursuing anything. We entered into an agmt with Constellation. We also signed an agreement with Direct Energy for the gas. Both of these were chosen by NYS contracts. PB Chairman Mike Stenpeck - the Cummins special use permit is in M1 zone. Gardner Road Auto is in an R1. I think you need to be mindful of that. Atty. Groff reported on the following items: - Blostein sent updated agmt to county. Being reviewed. Can report back shortly so we can enter into a lease. - Reese property need to rezone from C1 to R1 or R2 because in those zones a cemetery is permitted. We ll be going through that process and will be back before this board - Fedex bldg were close to finalizing stormwater agmt. Next week or two. - Rules of procedure again revised will be submitted to you soon. - Farm on E. Franklin because it s a park outside the Village requires taxing entity to consent its removal from tax rolls. We contacted the Town. We feel they will act to keep property off tax rolls because its not on now anyway. Once that is accomplished then we contact Chemung County and School for similar action. Also zoning of that property to make sure recreational use would be permitted. Motion by Trustee Gross, seconded by Trustee Goodwin, that the following item be added to the agenda: - Wendell Archeological Survey Wells 4-5 Interconnection Resolution by Trustee Gross, seconded by Trustee Goodwin WHEREAS, the Village of Horseheads was awarded and accepted a grant from the Federal Emergency Management Agency for the construction of a water treatment facility at Village of Horseheads Water System Well #5 for water sourced from Well #5, and subsequently constructed such facility, and WHEREAS, the grant was subsequently amended to allow for the construction of an interconnecting water line from Well #4 to the treatment facility to enable treatment of water sourced from both Wells #4 and #5, and WHEREAS, the Village issued bonds to finance the construction of the project as amended pending receipt of the grant funds, and WHEREAS, it has been learned that closeout of the grant, and therefore payoff of bond financing, cannot occur without the performance of a Phase 1 Archeological Survey and review of results from same, and WHEREAS, Wendell Engineering has prepared a Request for Proposal for the required Survey

12 12 which has been represented to be compliant with the requirements of the Department of Homeland Security and Emergency Services and involved state and federal agencies. NOW THEREFORE BE IT RESOLVED, that Village Manager Brad Lytle is authorized and directed to solicit RFPs for the services noted above as soon as is practical. Manager Lytle noted that we are still not sure who is paying for this. Talking to Wendell, they were hired as our contractor. It was considered for Well 5, but they felt it wasn t necessary. Then for the interconnect they didn t consider it. So we are having a discussion. The state is the one requiring this. As there was nothing further to come before the Board, the meeting was adjourned at 8:07 p.m. /rmb