REGULAR MEETING OF THE ROUND LAKE VILLAGE BOARD OF TRUSTEES HELD SEPTEMBER 1, 2010.

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1 REGULAR MEETING OF THE ROUND LAKE VILLAGE BOARD OF TRUSTEES HELD SEPTEMBER 1, PRESENT: Mayor Dixie Lee Sacks Trustee C. Brent Elford Mayor Dixie Lee Sacks Also Present: Thomas Peterson, Attorney Jason Kaczmarek, Fire Chief Trustee Christopher Nellissen Trustee Caroline Woerner Fred Sievers, President, Hose Co. Robert Gizzi, Code Enforcement Mayor Sacks called the meeting to order at 7:00 p.m. The pledge of allegiance was recited. PUBLIC COMMENT PERIOD: There was no one to address the Village Board at this time. OPEN BIDS FOR SALE OF FIRE TRUCK: Mayor Sacks opened the one sealed bid that was received for the sale of the 1991 Pierce Fire Truck; The bid was from Command Fire Apparatus - in the amount of $39, Wildflower Land Lancaster, PA Hold for discussion later in this meeting. REPORTS Superintendent Stevenson: Mayor Sacks told the Board that the Superintendent is taking some time off. John takes a day off and everyone calls him. So the office is now taking messages for him, to allow him some quiet time off. The Washington Avenue Bridge was opened today. There were four (4) drains that were repaired/replaced on Washington Avenue. The DPW is finishing the restoration of the grounds. Fire Chief: A copy of the monthly report is attached. The new fire truck is in service as of Tuesday, August 31, at Station #2. The Pierce is in the back bay at the fire station. There is one membership application for the Board to approve. Chief Mazza is still out of service, he is still in a lot of pain. Code Enforcement Officer Gizzi: A copy of the monthly report is attached. Code Enforcement Officer Kaye: A copy of the monthly report is attached. Auditorium: Mayor Sacks informed the Village Board that Monday afternoon was the last concert for the 2010 season. The final report should be ready for the next meeting. Trustee Woerner commented that she spoke with John Gay, once the Auditorium seats are out, he will come in and let us know what can be done with the floor. 1

2 OLD BUSINESS Open Space Strategy & Plan: Trustee Woerner informed the Board that she talked to Saratoga Plan about finishing the documents for open space to enable us to apply for grants. Hold for October meeting. Parking Ticket s & Master Plan: Mr. Peterson spoke with someone from the District Attorney s office who suggested the Village continue to use the existing tickets. The Village can use up the current tickets that we already have. Trustee Woerner commented that she thought we wanted how to plead on the bottom of the ticket. Guilty/not guilty. Mr. Peterson replied that it s on the current ticket. The person issuing the ticket needs to enter the village code on the ticket. Discussion continued about parking issues. The striping of parking lots, need for more parking areas, defining parking area with gravel, we need to have another parking meeting. Trustee Nellissen agreed that we need to finish the plan and define parking areas. Lake Front: They are trying to put together a meeting for mid September. Crown Atlantic Lease Agreement: Mr. Peterson received an from Assemblyman Jordan s office that the alienation bill is still in committee and will likely not get acted upon until at least January 2011, when the legislature again convenes. After that it is still an open question. NEW BUSINESS: Accept/Reject Bids for Fire Truck: At the beginning of this meeting, Mayor Sacks opened the only sealed bid for the sale of the 1991 Pierce fire truck. The one bid was received from Command Fire Apparatus, in the amount of $39,000. Their offer is subject to: a) clear NY State title b) pass a current pump test c) equipped with the basic equipment 4) the truck is roadworthy at the time of sale. Some discussion continued. RESOLUTION 69 OF 2010 BE IT RESOLVED that the Round Lake Village Board of Trustees accepts the bid for $39,000 for the 1991 Pierce Fire Truck from Command Fire Apparatus, 20 Wildflower Lane, Lancaster, PA in As Is Condition. RESOLVED by trustee Bergin, SECONDED by Trustee Woerner. Trustee Nellissen aye Trustee Woerner aye Mayor Sacks aye Trustee Elford aye Trustee Bergin aye RESOLUTION ADOPTED 2

3 Mayor Sacks and Chief Kaczmarek discussed the titles for the Chief s vehicles. The Village needs bills of sale for the three vehicles. Fire Department (Hose Company); Fred Sievers, President of the Round Lake Hose Company commented that over the last couple of years, he has discussed the need to replace station with the Village Board. Mr. Sievers would like to continue the discussion, do the demographics. The existing station is within the 100 year flood plan. It is also located within the wetlands area; the regulations have a 100 foot buffer zone. The Hose Company has a business partner that is interested in helping relocate the station. Stewart s Company has approached the Hose Company about purchasing their property in the Village. The Hose Company was looking at the property next to Rite Aid, they are also interested in the property where the current Stewart s Shop and Dan s Golf is located. Stewart s also looked at the south side of Round Lake Road. They believe that the area can support 2 stores with gas pumps. The former Winter s property, south corner of Round Lake Road and Raylinski Road, is for sale at 1.5 million dollars. The availability of other land moving west. The current station is too small and is well over it s expected life span. There is the manpower issue; there is only 1 qualified interior firefighter in the Village, the remaining fire fighters live on the western side of the Northway. If the station is relocated to the western side of the Northway, it will improve manpower response time. Trustee Elford commented that there are two issues to look at. First, the idea of moving the fire department out of the Village is not something a lot of residents are in favor of doing. What kind of traffic issues would a Stewart s Shop bring into the Village? Trustee Elford commented that vehicles coming down into the Village then trying to make a left turn into Stewart s Shop would cause many problems. If the Hose Company can t build a new station on this property because of the wetland and buffer issues, how can Stewart s build a store and install gas tanks? Trustee Nellissen commented that he is also concerned with the increased traffic issues on this side of the Northway due to a Stewart s. There would be traffic coming out of the round-a-bout and attempting to make a left turn across traffic into the Stewart shop. The round-a-bout project was to reduce traffic in the Village; this will bring in more problems. Trustee Bergin comment that the first issue is what is going on with the Fire Department. From a safety point of view, if someone has a problem at their house, it would not take long for the fire department to respond. The view of the people here are upset to have the Fire Department leave the Village, it is part of the Village legacy. What is the benefit to the Village residents? Mr. Sievers replied that they believe that we will find the response time would be better with the new location of the fire station. A common problem of firefighter s 3

4 response to the station is that other vehicles will not move out of traffic, no one responds to blue lights on vehicles. Trustee Woerner commented that she echoes what has already been said. There are people concerned about the response time from a station outside the Village to their property. What is the impact on fire rating, if the fire station is relocated? Trustee Woerner commented that she would rather have them here. If there was a fire in the village, it could become very large fire with the houses so close. You talk about logistic issues with the majority of the fire fighters living on the other side of the Northway, what happens if this changes with more firefighters in the Village. Are they going to relocate the fire station again? The Fire Station may not be the best looking building at the entrance to the Village, but it is certainly is more attractive than a Stewart s Shop would be. It would look just like every other community in the area. Mayor Sacks commented that the Hose Company has options. They could build a new station on the same property, if the size of the building is the only issue. Now they are claiming that they can t build because of the 100 foot buffer. How can Stewart s build and put in gas tanks on this same property? Mr. Sievers commented that they feel that they can deal with these issues. Mayor Sacks commented that the Malta s New Master Fire Protection Plan talks about building a joint fire station with Malta Ridge Fire Department on Dunning Street in Malta. Would the Hose Company do away with Station #2? Mr. Sievers stated that he is not sure how it will work. Discussion continued about the current traffic congestion on Round Lake Road at high traffic time. If Hannaford is approved for Malta Mall, they will have to make some improvements to the road. The county recently did a study; the worst area is Round Lake Road and Ruhle Road. Trustee Bergin commented that he doesn t get a sense that this board is ready to approve the relocation of the fire station, but the Board does have a lot of concern about a Stewart s Shop within the Village. Discussion about the change in society, volunteers, incentives, growth of the Fire Department and area growth. Fire Department Membership Applications: Hold for executive session. Resolution for Street Lights at Route 9: NYSEG has requested the Village Board revise the Board Resolution that was adopted in June. MOTION by Trustee Bergin to rescind Board Resolution 49 of 2010, dated June 16, 2010, to eliminate the existing lighting fixtures at Route 9 as part of the Round Lake Gateway project, SECONDED by Trustee Woerner. MOTION APPROVED RESOLUTION 70 OF 2010 BE IT RESOLVED that the Round Lake Village Board of Trustees authorized New York State Electric & Gas to move two lights off pole 1 line 174; relocate 1 light to new pole 1 4

5 line 174; relocate other light to pole 1S line 174 and on Maltaville Road move light from pole 27 line 151 and relocate on new pole 27 line 151. RESOLVED by Trustee Bergin, SECONDED by Trustee Woerner. Trustee Nellissen - aye Trustee Woerner aye Mayor Sacks- aye Trustee Elford - aye Trustee Bergin aye RESOLUTION ADOPTED Approval of Schielke Drainage Agreement: Alice Schielke, owner of the property located at 3 Curry Road, has a drainage problem on her property and would like to have her contractor connect to the village drainage system on Washington Avenue. Mr. Peterson has presented an easement agreement for the Village Board to review. The connection must be made under the supervision of Superintendent Stevenson and include the installation of a check-valve on the discharge pipe. RESOLUTION 71 OF 2010 WHEREAS Alice Schielke, owner of 3 Curry Avenue, Round Lake, has made a request that the Village permit her to install a storm-water discharge pipe into a man-hole on Washington Avenue to the west of her said property; and WHEREAS the Village Highway Superintendent has no objection to the requested relief, provided certain conditions are met; now, therefore, it is RESOLVED that the Mayor is authorized to execute an easement agreement between the Village of Round Lake and Alice Schielke, providing that Alice Schielke may install a storm-water discharge pipe into a man-hole on Washington Avenue to the west of her real property located at 3 Curry Avenue, Round Lake, New York, said easement agreement in a form acceptable to the village Attorney, provided the following conditions are met: The installation is to be made under the supervision of the Village Highway Superintendent and subject to his instructions; Alice Schielke will be solely responsible for any damage done to the village s property as a result of the installation; Alice Schielke waives any claims against the village for any backups from the sewer system into the property or for any other reason and The Easement Agreement includes a hold-harmless provision in favor of the Village. The Easement Agreement must be filed with the Saratoga County Clerk s Office prior to commencement of construction of said drainage. RESOLVED by Trustee Nellissen, SECONDED by Trustee Woerner. 5

6 Trustee Nellissen - aye Trustee Woerner aye Mayor Sacks- aye Trustee Elford - aye Trustee Bergin aye RESOLUTION ADDOPTED Intermunicipal Agreement with the Town of Malta: The Town of Malta will be working with the Village on improving the existing baseball fields. The Town of Malta is contracting with the L.A. Group to put together some designs for the ballfields. Village Attorney left the community room prior to any discussion on this issue. MOTION by Trustee Nellissen to permit the L.A. Group access to the Round Lake Ballfields so that they may draft plans for future fields and to authorize Mayor Sacks to sign said agreement, SECONDED by Trustee Woerner. MOTION APPROVED CORRESPONDENCE: Mayor Sacks read a copy of a letter sent to CEO Robert Gizzi. Mr. Gizzi sent a letter to Lydia Meunier concerning the occupancy of her attic. Mr. Gizzi informed the Village Board that this is at a stalemate; he doesn t know when the improvements were made on the third floor. Mr. Peterson asked if Mr. Gizzi had asked for the attic to have a sprinkler system. Mr. Gizzi stated that he had tried to speak with Joe McGrath, NYS Code Division, but the Mr. McGrath is very difficult to contact. Mr. Peterson suggested that Mr. Gizzi come up to his office and they try to place a conference call to Mr. McGrath. Discussion continued: Trustee Bergin commented that the Village should let the attorney, CEO and the owner discuss this issue. They may be able to get it settled. Mr. Gizzi commented that if Ms. Meunier is renting space, it may be an issue of multi-residencies. Trustee Woerner commented that we need to make sure there is consistency in enforcement. We may not be able to enforce if not consistent. Mr. Gizzi commented the he has been here only two years. He is very conscientious in enforcement. If he does not know about something, he can t do anything about it. Trustee Woerner commented that it may be easy to miss something in the Village, we could have a part-time employee. She is concerned that this may lead to selective enforcement. Mayor Sacks commented that Mr. Gizzi has been consistent. Mr. Gizzi and Mr. Peterson will try to speak with Mr. McGrath, NYS Division of Codes. Trustee Nellissen recused himself from discussion on this issue. 6

7 APPROVAL OF MINUTES MOTION by Trustee Bergin to approve the minutes of the August 18, 2010 Board of Trustees meeting, SECONDED by Trustee Nellissen. UNAMINOUSLY APPROVED VILLAGE ATTORNEY: Nothing for this meeting. VILLAGE MAYOR: There will not be a September newsletter; instead a combined September/October newsletter will be done. VILLAGE TRUSTEES: Trustee Nellissen commented that the dumpster at Lake Ridge is being emptied at 4:00 A.M. Trustee Woerner is requesting the establishing an unappropriated fund balance and DPW long term equipment fund. Trustee Woerner asked about the revision of the zoning maps. Mayor Sacks replied that the county changes will take at least a year. Trustee Woerner would like to keep zoning maps on the agenda. MOTION by Trustee Bergin to go into executive session to review a fire department membership application, SECONDED by Trustee Nellissen. UNANIMOUSLY APPROVED MOTION by Trustee Nellissen to return to regular session of the Board of Trustees meeting, SECONDED by Trustee Bergin. UNANIMOUSLY APPROVED RESOLUTION 71 OF 2010 BE IT RESOLVED that the Round Lake Village Board of Trustees approves the fire department membership application for Mark McFarland pending passage of all requirements. RESOLVED by Trustee Woerner, SECONDED by Trustee Nellissen. Trustee Nellissen aye Trustee Woerner aye Mayor Sacks aye Trustee Elford aye Trustee Bergin aye RESOLUTION APPROVED PUBLIC COMMENT PERIOD: There was no one to address the Board at this time. 7

8 MOTION by Trustee Bergin to adjourn the meeting at 8:55 p.m., SECONDED by Trustee Nellissen. MOTION APPROVED Respectfully submitted, Lois J. Whitbeck Village Clerk 8