Village of Lyons – December 11, 2012

A REGULAR MEETING OF THE VILLAGE OF LYONS BOARD OF TRUSTEES HELD ON TUESDAY, DECEMBER 11, 2012, AT 6:00 P.M. AT THE VILLAGE HALL, 76 WILLIAM STREET, LYONS, NEW YORK.
Mayor Kleisle stated the first item on the agenda was Local Law 2-2012, authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c.
Mayor Kleisle explained, by passing this Local Law, “we are not saying we are going to exceed the 2%. This is protection against our fund balance. If we make a mistake in the tax levy, we must take the amount of money the mistake is and put it in a separate reserve fund. This does not mean we will increase taxes. By passing this, this will make New York to relook at the mandates. “
There were no comments from the Village Board or the public. The Local law passed.
Minutes from Nov. 13 & 19, and December 3 were approved.
The audit was approved as submitted. #519-#537, General, Water, and Sewer Fund $178,710.53, #538-#606 General, Water, and Sewer Fund $351,236.80, #607 Trust & Agency Account $92.65, #608-#612 Capital Project WMRP $8,483.00, #613 Capital Account Downtown Improvement $3,434.80, #614-#616 Capital Account $2,288.70, #617-#620 DPW Reserve $436.14.
The Treasurer’s report was given for December 2012, and placed on file for future information.
The 2012-2013 budget was amended for $55,000 in A8030.4 Research, for the Dissolution Study/Plan, which will be funded by the State of New York in the amount of $49,500, and Local Share from the Village of Lyons in the amount of $5,500.
The Clerk-Treasurer requested a resolution be passed to transfer funds of $5,500 from A1990.4 Contingency, the Village of Lyons share of the Dissolution Plan/Study to A8030.4 Research. This was approved.
Mayor Kleisle stated she received notification from New York State Office of Parks, Recreation and Historic Preservation for the continuation of the Erie Canal Trail from Abby Park to under the Leach Road Bridge. A grant was received for $89,000. The State of New York completed that area of the trail. This leaves from Elm Street to the Canal Apartments to connect with the Wayne County Trail in that area. Reimbursement needs to be in by May 31, 2013. Work needs to be done and vouchers need to be submitted. Mayor Kleisle spoke with Laura Moore, Regional Grants Administrator, and she advised for the Mayor to write to the State of New York and the Federal Government to advise them the State of New York completed the part of the trail that the money was earmarked for and to inform them we would like to transfer the money east. It was suggested to the Village to purchase the materials for this project and store for March or April when the project can commence. Mayor Kleisle will send a letter requesting these changes. For information only.
An annual notice was sent to the Village of Lyons from New York State Department of Health reminding us that an Annual Report on Violation of Watershed Rules and Regulations established for our public water supply for the calendar year 2012 is required to be submitted, as per 10 NYCRR 154.2. This needs to be completed by January 15, 2013. For information only.
A response was received from New York State Department of Transportation regarding the request from the Grace Episcopal Church asking to eliminate a parking space on Route 14, Geneva Street, in the Village of Lyons. The Church will be required to obtain a Highway Work Permit from the State of New York. The State does concur with the request; however, plans will need to be prepared showing details of how the installation will occur.
Liberty Mutual, the bonding company for Vector Construction Corporation, contacted us requesting we acknowledge the contract for the replacement of the Water Street Bridge over Ganargua Creek has been completed and the work was done satisfactorily. All Board members agreed the work is completed and all contract requirements for this project were met. Mayor Kleisle will complete the form and return to Liberty Mutual.
Mayor Kleisle read the Village Justice Report for November 2012. The number of cases reported to audit and control were 158. Fines collected were $8,345 and bail collected $21,900. This is on file for future information.
Mayor Kleisle was authorized to execute the contract between the Village of Lyons and Direct Energy for the Cooperative Electricity Contract for the period of January 1, 2013 through December 1, 2013.
Mayor Kleisle advised the Board the quote for replacing the existing radios from wide band to narrow band to meet the FCC regulations was received from Furman Communications. The proposal came in at $4,920 for 6 radios. This was less than the amount that was authorized. For information only.
RESOLVED that authorization is granted for Mayor Kleisle to execute the maintenance agreement for software and hardware support services with Badger Meter Company.
RESOLVED that permission is granted to authorize change orders #3-#5 from Dobbins Painting and Contracting for the renovations completed on the bandstand in the amount of $1,045.
Trustee Evangelist commented on how nice the bandstand looks.
Authorization was granted for Mayor Kleisle to sign the Certificate of Substantial Completion for the Bandstand Improvements/Renovations.
Mayor Kleisle advised the Board the Village of Lyons was served with a Notice of Petition by the Points of Faith, 55 William Street, and requesting tax exemption for their property at that location. Mayor Kleisle referred this to the Village Attorney, Arthur Williams. Per Mr. Williams the Village of Lyons does not have to respond to this. We are not the assessing entity; therefore, the Town of Lyons will do the action.
RESOLVED that permission is granted for the Mayor and the Village Trustees to attend NYCOM’s Winter Legislative Meeting to be held February 10-11, 2013, in Albany. All expenses to be borne by the Village of Lyons.
Trustee Evangelist presented the monthly police department report for November 2012. On file for future reference.
Trustee Evangelist presented the monthly code enforcement report for November 2012. On file with the Village Clerk.
Trustee Alvaro presented the Department of Public Works report. On file for future reference.
Trustee Greco presented the Lyons Fire Department monthly report for the month of November 2012. On file for future reference.
Trustee Greco reported the Lyons Peppermint Days have started planning for their 2013 festival. Fundraising has started.
Executive session be declared at 6:39 P.M. for the purpose of discussing collective negotiations pursuant to Article 14 Civil Service Law and matters leading to an appointment of a particular person.
After Executive Session, Mayor Kleisle advised the Board according to the Guide to Local Government Dissolution and Consolidation under General Municipal Law Article 17-A the Village Board of trustees must meet within 30 days after the favorable vote is certified.
A special meeting be scheduled for Thursday, December 27, 2012, at the Village Hall at 6:00 P.M. to prepare the RFP and appoint the committee to work on the Dissolution Plan.

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