Village of Lyons – August 14, 2012

Mayor Kleisle stated the first item on the agenda is a Public Hearing for the residents at 39 Shuler Street. She stated it was a duly called meeting of the Lyons Village Board in its capacity as hearing officers pursuant to Chapter 37 of the Lyons Village Code entitled, “Nuisance Abatement” – in the matter of the Estate of Helen VanDyke, as the owner of certain real property, located in the Village at 39 Shuler Street.
The Village Board acted as the hearing officer pursuant to Section 37. The purpose of this hearing was to determine whether or not the VanDyke estate, as the owner of the property, located at 39 Shuler Street in the Village of Lyons, has violated Chapter 37 of the Village Code.
Village Attorney, Arthur Williams, stated he has discussed this matter with the 5 residents who live there: Cleve Catchings, Bonnie Ripley, Tiffany Powell, Arthur Kenyon, and Tracy Ripley. The defendants acknowledged they have been given notice of the proceeding, the opportunity to be heard and the opportunity to be represented by counsel. They also stated they understood the charges.
The defendants admitted to the aforesaid violations of Chapter 37 of the Lyons Village Code and have agreed and understood the charges.
Village Attorney, Arthur Williams, stated he would have the consent order ready by 2 P.M. on August 15, 2012. They were instructed to come to the Village Office to sign the consent order and get copies to take to the Department of Social Services.
The Village Board confirmed the consent order that the defendants, the Estate of Helen Van Dyke, Cleve Catchings, Bonnie Ripley, Tracey Ripley, Tiffany Powell, and Arthur Kenyon, are in violation of Chapter 37 of the Lyons Village Code; and that the certificate of occupancy for the property located at No. 39 Shuler Street in the Village of Lyons and the defendants, (or tenants of the defendants), right to reside therein, is revoked and the defendants and or their tenants are precluded from residing at or entering, the property for a period of six months effective as of August 21, 2012, at midnight;
The certificate of occupancy and the defendant’s right to reside at No. 39 Shuler Street up through August 21, 2012, shall be immediately revoked and the defendant’s right to occupy the property terminated if there are any Lyons Police Department calls for service at No. 39 Shuler Street.
Mayor Kleisle introduced Christine Mierke, President of CAMS Feline Rescue. This is a not for profit cat rescue that was started by her with the help of family and friends. The mission of the organization is to make the lives of animals better. The purpose of this group is to trap, neuter/spay feral kittens or cats, administer shots, and release the animal back to its natural surroundings. She and her mother have taken 30 cats from their neighborhood for said services. She feels there is a need for this in the Village of Lyons with many stray cats in neighborhoods. Ms. Mierke would like the Village Board and her organization to work together to help with this. Ms. Mierke questioned if the money Anne Hotchkiss left to the Village of Lyons for the humanistic care, treatment, euthanasia and adoption of animals in the Town and Village of Lyons could be used to help with these costs. The current cost is a $50.00 donation that would spay/neuter, isoflurane anesthesia, a pain control injection, rabies vaccination, distemper vaccination, revolution application (treats ear mites, fleas, intestinal parasites), and ear tipping. This program is currently being offered in Penfield. The group is looking to purchase traps, help with the cost for the services and possible gas money for the volunteers that transport the cats.
Trustee Evangelist stated he thought this was an excellent idea. Trustee VanStean commended the group for their efforts. He stated he feels this is what the money is for and this is a humane way to deal with these animals.
Village Attorney, Arthur Williams, stated their program sounded like this would fit the money that was left by Anne Hotchkiss. He would look into this further.Trustee VanStean asked them to get a true cost of what they would be looking for on reimbursements and bring this back to the Village Board. He also asked to see if this program could be done locally. Trustee VanStean also wanted to clarify this would not be done with taxpayer money; the funds donated by Anne Hotchkiss were left to take care of animals in a humane way.
They stated that the Village of Lyons supports CAMS Feline Rescue to take feral/stray and homeless cats from the Village of Lyons to Penfield to have these animals spayed/neutered, rabies injection, distemper vaccination, revolution application and ear tipping if that is what Village Attorney, Arthur Williams, finds the funds from Anne Hotchkiss are permitted to do.
Authorization wass granted to increase the 2012-2013 budget $507.63 under A3705 donations, from the Lyons Main Street for the collection of money for the Bandstand, Village Square Park, Taylor Park and the Erie Canal Waterfront.
Authorization is granted to increase the 2012-2013 budget $407.99 under A3120.486 Police Uniforms, for reimbursement for a vest.
The Village Clerk, Denise Darcangelis, notified the Village Board that a Petition to Dissolve the Village of Lyons was received on August 2, 2012. This is on file with the Village Clerk.
The Village of Lyons acknowledged the receipt of the petition to Dissolve the Village and pursuant to General Municipal Law, Section 777 (2) calling for a referendum on the proposed dissolution by the Village electors at the next general election to be held November 6, 2012.
Village Clerk, Denise Darcangelis, reported the new website for the Village is up. Training still needs to be held. Information is still being sent out to be posted. They hope to have training within the next 2 weeks so the website can be maintained in house.
James Colacino, from Newark Electric, was in attendance to discuss the SCADA System for the Waste Water Treatment Plant. The FCC has a narrow band mandate that will go into effect January 1, 2013. There will be a $10,000 fine for each occurrence if we are found to be operating under the old system. He presented a summary of the various options the Village of Lyons could review. Mayor Kleisle asked all Board members to review the options and be prepared to discuss this at a future meeting.
Mayor Kleisle asked that the following be put on record. The property owner at 189 Canal Street is disputing her water/sewer bill. She has consumed 67,000 gallons of water during the period of 03/4/12-06/04/12 and water/sewer bill at that location was $902.70. A new meter was installed at that location due to the water meter replacement program. The water usage from the new meter was 30,000 gallons for June and July. The property owner feels the new meter is not reading correctly. There are no leaks in the home. This has been confirmed by T. Wilson and Associates and the village’s Department of Public Works. Mayor Kleisle ordered another new meter be installed. That was installed last week and they have used 300 gallons to date. The first new meter will be sent out for testing. We do believe the outside meter was running slow and the first new meter is reading correctly. .
Mayor Kleisle reminded everyone MRB/group is hosting an open house at the James R. Gresen’s Library Conference Room in Rochesteron August 23rd.
Mayor Kleisle reported she has received the analytical results from NYSEG for surface, subsurface soil and groundwater samples collected at the Village of Lyons property surrounding the parking lot located at the corner of Water and Geneva Streets. Results are on file with the Village Office.
Mayor Kleisle read a thank you note from Rev. Arthur C. Sziemeister, First Lutheran Church, for granting parking privileges to the members of the Synod. The delegates were impressed with the beauty of our Village and the reception they received when visiting the shops and the farmer’s market.
Mayor Kleisle read the Village Justice Report for July 2012. The number of cases reported to audit and control was 180, fines collected $10,480 and bail collected $29,250. This is on file with the Village Clerk.
Mayor Kleisle discussed a water/sewer bill at 19 Cherry Street. They had a recorded water usage of 498,000 gallons. The total bill was $3,004.20 for sewer and $3,498.50 for water. No one has resided at that location. The Village of Lyons Department of Public Works went to the home and turned the water back on. There was a leak in the crawl space. This did not go into the sewer system. The owner did pay for the water bill, and asked for relief on her sewer, since the water did not get processed in our system.
The property owner at 19 Cherry Street pay a minimum sewer bill of $46.20, and the balance of $2,958.00 of the sewer charged be removed from that account, due to the fact, that no water was processed through the Village of Lyons sanitary system.
Trustee VanStean thanked the Department of Public Works for working with the resident at 19 Cherry Street to solve this matter.
Mayor Kleisle reported the New York State Retirement System announced the 2013 Pension Contribution estimates. All estimates were within budget for 2012-2013. For Information Only.
Authorization is granted for the Village Board and the Clerk-Treasurer to attend NYCOM’s Main Street Economic Development Conference on September 30th – October 2nd in Syracuse.
Authorization is granted for bids to go out for the bandstand project in Central Park.
The Village Board authorizes Mayor Kleisle to sign the Certificate of Completion for the Streetscape Downtown Improvement Project for work completed by Nicoletta Building Contractors, Inc.
Mayor Kleisle informed the Village Board the Peppermint Days Committee wish to donate three flag poles for placement on the canal bank behind the fire station and above the stone wall. The poles will be 20 feet in height and would display the American Flag, The New York State Flag, and the Canadian Flag. Robert Stopper is coordinating this project and has volunteers to help erect the poles so there will be no time or expense to the Village.
Trustee VanStean questioned if there would be lighting for the flags.
Authorization is granted to install 3 flagpoles behind the firehouse pending approval from New York State.
Authorization is granted for the Village Board and the Clerk-Treasurer to attend the New York State Canal Conference September 30th- October 2nd in Oswego.
Authorization is granted for James Colacino to place the generator and the 2 pumps from the water department on Ebay to sell.
Mark Chadwick was authorized to attend “Chemical Addition for W/W/W Treatment” sponsored by NYWEA, Thursday, September 27, 2012 in Painted Post, cost $24.00.
Authorization is granted for the Village Board to attend the Finger Lakes Regional Sustainability Plan on August 30th at Ebenezer Watts Conference Center in Rochester.
Trustee VanStean stated he received a call from Edward Matthews from Culver Street. Mr. Matthews asked for Trustee VanStean to look at a patch job on Summit Street. Water appears to be getting underneath the road and deteriorating the road. General Working Foreman, Michael Salerno, will look into this.
Trustee VanStean questioned Chief of Police Bogan on the status of Rice Street. Chief Bogan reported there has been police presence. People are interacting with the patrols and complaints have been down. Trustee Alvaro questioned if we could get help from the New York State Troopers and the Wayne County Sheriff’s Department to help patrol that area. Chief Bogan responded that they would assist with calls but would not make a police presence.
The purchase offer of $400 from Anthony Bartucca for the 2000 Crown Victoria that was declared surplus be accepted.
Chief Bogan reported Richard Martin, the Director of the Criminal Justice Program at Keuka College, is in the process of completing his Doctorate. His Doctorate study addresses the efficient and effective use of law enforcement resources to address the needs of the community. Chief Bogan asked that the Village of Lyons Police Department be included in his study. This would include his review of our general orders, scheduling and operating procedures. He would also make site visits for purposes of clarification and evaluation.
Authorization is granted for Richard Martin to include the Village of Lyons Police Department in his study to address the efficient and effective use of law enforcement resources to address the needs of the community.
Trustee Alvaro stated he has been advised trash haulers within in the Village have been changing their routes. They are telling people to have their trash out on a certain day, and are not picking it up on that day, therefore, leaving the garbage totes and garbage at curbside for days. It was decided to have letters sent to all trash haulers that they verify the date of their pick up in the Village and to send a copy of our ordinance.
Trustee Greco presented the membership application for Dain VanHousen for the Lyons Volunteer Fire Department. Dain VanHousen was approved for membership for the Lyons Volunteer Fire Department.
It was discussed that informational meetings will be held regarding the dissolution of the Village of Lyons. Mayor Kleisle will try to get Wade Beltramo from NYCOM to come here to speak at one of the meetings. Trustee Evangelist also suggested they get someone from Seneca Falls who supported the dissolution of the Village of Seneca Falls.
An executive session was declared to discuss Teamster negotiations.
The regular session be resumed at 8:47 P.M and meeting was adjourmed

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