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Times of Wayne County

Lyons Village Board – May 13, 2013

REGULAR MEETING OF THE VILLAGE OF LYONS BOARD OF TRUSTEES HELD ON TUESDAY, MAY 13, 2014, AT 6:30 P.M. AT THE VILLAGE HALL, 76 WILLIAM STREET, LYONS, NEW YORK.

Mayor VanStean welcomed everyone present and all stood for the pledge to the flag.

Mayor VanStean called the meeting to order.

RESOLUTION offered by Mr. Evangelist, second by Mr. Blandino

RESOLVED that the Public Hearing on Local Law 2-2014 amending Chapter 38 entitled “Traffic and Vehicles” is declared.

AYES: Mr. Blandino, Mr. Dobbins, Mr. Evangelist

The legal notice was read by the Clerk-Treasurer and the affidavit of posting was presented

Mayor VanStean explained the purpose of this local law is to authorize and empower to make or amend by resolution any rule or regulation set forth in or pursuant to Chapter 38 for the reasonable control of traffic on the public streets in the Village of Lyons.

Mayor VanStean opened this to the public.

Jennell Horton stated there is a parking problem on High Street. There are times she cannot get out of her driveway.

Trustee Blandino stated we should enact this local law.

Chief Bogan agreed with Local Law 2-2014. He stated there are several areas of concern in the Village with parking. He feels this has been a public safety issue and the ability for the Village Board to address by resolution would be a benefit.

There were no further questions or comments.

RESOLUTION offered by Mr. Blandino, second by Mr. Evangelist

RESOLVED that the Public Hearing on Local Law 2-2014 amending Chapter 38 entitled “Traffic and Vehicles” is hereby closed at 6:37 P.M.

AYES: Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Evangelist, second by Mr. Dobbins

RESOLVED that Local Law 2-2014 amending Chapter 38 entitled “Traffic and Vehicles” be adopted.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Evangelist, second by Mr. Dobbins

RESOLVED that the minutes of the regular board meeting held on April 8 2014, be approved as submitted.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean stated the Waste Water Plant needs to repair or replace the electric heaters for the Influent Building.

RESOLUTION offered by Mr. Dobbins, second by Mr. Evangelist

RESOLVED that authorization is granted for the Waste Water Treatment Plant to purchase a new heater unit from Colacino Industries in the amount of $5,549.23 from the 2013-2014 budget.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that the audit be approved as submitted: #914-#931 General, Water, and Sewer Fund $164,026.43, #932-#1012 General, Water, and Sewer Fund $295,209.69, #1013 Trust & Agency-Drug Forfeiture $92.73.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Village Attorney, Arthur Williams, discussed the two proposed Inter-Municipal agreements the Town of Lyons sent allowing municipalities to assist each other in providing highway services to the residents of the Village and the Town and a co-operative agreement which acknowledges and approves the rendering or services by the Town Code Enforcement to the Village of Lyons. Mr. Williams would like added to the Code Enforcement Officer, under the section of General Agreement, (a) Issue citations for code violations and appear in Village Court as necessary.

RESOLUTION offered by Mr. Evangelist, second by Mr. Dobbins

RESOLVED that Mayor VanStean is authorized to sign the Inter-Municipal Agreement with the Town of Lyons to assist each other in providing highway services to the residents of the Village and the Town.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Alvaro, second by Mr. Dobbins

RESOLVED that Mayor VanStean is authorized to sign the Inter-Municipal Agreement with the Town of Lyons to enter into a co-operative agreement pursuant to article 5-G of the General Municipal Law of the State of New York, which agreement acknowledges and approved the rendering of services by the Town Code Enforcement Officer/Building Inspector to the Village of Lyons, pending the addition of, “Issue citations for code violations and appear in Village Court as necessary” to General Agreement, section (a).

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Village Attorney, Arthur Williams, reported the Appellate Division of the NYS Supreme Court Fourth Judicial Department of Rochester dismissed the appeal from OneLyons, Bailey et.al. vs Village of Lyons. For information only.

The Treasurer’s report was given and is on file with the Village Clerk.

RESOLUTION offered by Mr. Alvaro, second by Mr. Blandino

RESOLVED that the accounts that are overdrawn be balanced in the general, water, and sewer funds. (Per attached sheet)

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Alvaro, second by Mr. Blandino

RESOLVED that all overdrawn funds be brought into balance for year-end. (Per attached sheet)

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that authorization is granted for the Clerk-Treasurer to transfer funds from the Water Fund to the General Fund to pay back funds loaned to the Water Fund in the amount of $212,592.87 as directed by New York State Office of the State Comptroller.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Evangelist, second by Mr. Dobbins

RESOLVED that the Certificate of Occupancy

 

RESOLVED that the Certificate of Occupancy fee of $60.00 be removed from the property at 2 Shuler Street due to a billing error.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Clerk-Treasurer, Denise Darcangelis, advised there is a request for a wedding to take place in Central Park on August 30, 2014. For information only.

Clerk-Treasurer, Denise Darcangelis, informed the Village Board she met with Town Clerk, Sal Colatarci, regarding the Handicap Parking Tags. For permanent tags, the expiration date is 3 years. The Village of Lyons will not exist in three years. She contacted New York State Department of Motor Vehicles. The Supervisor of that Department stated the Town and Village need to decide on a date when the records and responsibilities of this will be transferred to the Town. They will need in writing from the Village what the date is; they will then inactivate the Village account in their database. The Town will need to make a resolution and send the resolution to them the date they will be the issuing agent.

RESOLUTION offered by Mr. Alvaro, second by Mr. Dobbins

RESOLVED that the Permanent and Temporary Handicap Tags be transferred to the Town of Lyons and they become the issuing agent for Handicap Permits effective July 1, 2014.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Evangelist, second by Mr. Alvaro

RESOLVED that authorization is granted to run an ad for 2 weeks to announce the Town of Lyons will be the issuing agency effective July 1, 2014, for the permanent and temporary handicap parking tags.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Resolution offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that permission is granted for the Mayor, Village Board, Chief of Police, Code Enforcement Officer, Village Attorney, and Clerk-Treasurer to attend the Wayne County Village Officials meeting to be held May 21, 2014, hosted by the Village of Sodus Point at The Heights (Golf Club) in Sodus Point. All expenses to be borne by the Village of Lyons.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean stated the Memorial Day Parade will take place May 26, 2014. Lineup is at 9:00 A.M. and the parade will start at 9:30 A.M. They would like to know who is planning to participate so transportation can be arranged.

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that authorization is granted for the Lyons American Legion Post 227 to use the streets, Police, and safety barricades to host the Memorial Day Parade on May 26, 2014, at 9:30 A.M.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Dobbins, second by Mr. Evangelist

RESOLUTION that permission is granted for the Lyons Elks Lodge #869 to host their annual fishing derby on June 28, 2014, beginning at 8:00 A.M. through 4:00 P.M. This will be held on the south side of the canal between the Leach Road and Route 14 bridges.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered Mr. Evangelist, second by Mr. Dobbins

RESOLVED that permission is granted for the Lyons Elks Lodge #869 to conduct a Flag/Retirement/burning ceremony to be held Saturday, June 14, 2014, from 3 P.M. to 4 P.M. in the

bandstand area of Central Park and assistance from the Village of Lyons Department of Public Works to help with the set up.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Notification was received from Community Action in Self Help that the ACH (Affordable Housing Corporation) Home Improvement Program assists low-income households to make repairs to their homes to correct health and safety concerns and code violations, as well to prolong the useful life of the home. This notice will be posted in the Village Hall.

A request was received from the Lyons Chamber of Commerce for the help of the Village to set up and take down barricades at each end of Church Street Saturday, June 14th- Saturday October 25th, for the Lyons Farmer’s Market.

RESOLUTION offered by Mr. Dobbins, second by Mr. Evangelist

RESOLVED that permission is granted for the laborer’s that are scheduled to water the plants on Saturday, set up and take down the barricades at each end of Church Street Saturday, June 14th- Saturday October 25th, for the Lyons Farmer’s Market.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean informed the Village Board the Lyons Peppermint Days have requested to hold three road collections, May 17th at the intersection of Geneva Street and Clyde Road, June 7th, and June 21st at the intersections of Route 14 and Route 31 from 9 a.m. to 11 a.m.

RESOLUTION offered by Mr. Alvaro, second by Mr. Dobbins

RESOLVED that the permission is granted for the Lyons Peppermint Days Committee to hold three road collections at the places and dates mentioned above.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Evangelist, second by Mr. Alvaro

RESOLVED that authorization is granted for the Peppermint Days Committee to use Central Park, the surrounding area, and the dock area to incorporate the Erie Canal for the Peppermint Day festivities that is scheduled for July 10th –July 13th.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean read notification from the Lyons Peppermint Days requesting road closing for their festivities. A map was presented to each board member and to Jake Emmel, Public Works Superintendent, and Chief Bogan.

RESOLUTION offered by Mr. Evangelist, second by Mr. Alvaro

RESOLVED that the map presented by the Peppermint Days Committee for the requested road closings be approved as submitted.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean read through the Short Environmental Assessment Form for the Village of Lyons Dissolution Plan.

RESOLUTION offered by Mr. Blandino, second by Mr. Alvaro

RESOLVED that the Village of Lyons declares that, based on the Environmental Record which has been prepared, the project will result in no major impacts and, therefore, will not cause significant

damage to the environment. A Negative Declaration under SEQR is therefore issued for this

project.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Evangelist, second by Mr. Alvaro

WHEREAS, the Village of Lyons Board of Trustees (hereinafter referred to as Village Board)

has reviewed and accepted the State Environmental Quality Review (SEQR) Short

Environmental Assessment Form (EAF) Parts I, II & III on the above referenced Preparation of

the Village of Lyons Dissolution Plan (hereinafter referred to as Action); and

WHEREAS, the Village Board has determined the Action to be Type II Action under Part 617.5

(c) of the State Environmental Quality Review (SEQR) Regulations; and

WHEREAS, the Village Board has determined that the Action is subject to a single agency

review pursuant to Part 617.7 of the SEQR Regulations; and

WHEREAS, the Village Board has given consideration to the criteria for determining

significance as set forth in Section 6 17.7(c) (1) of the SEQR Regulations; and

WHEREAS, Type II Actions are not subject to further review under Part 617.6.

NOW, THEREFORE, BE IT RESOLVED THAT the Village Board in making this

Classification has satisfied the procedural requirements under SEQR and directs this Resolution

to be placed in the file on this Action.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean read the Village Justice Report for April 2014. The number of cases reported to audit and control was 53, fines collected $5,692.00, bail collected $2,800.00, and parking fines $760.00. This is on file with the Village Clerk.

Mayor VanStean reported the Lyons Police Department’s current health insurance policy will no longer be available. The LPD union members voted to go with Blue Cross Blue Shield Simply Blue, Platinum 2 at an estimated savings of $2,000 annually. The Village will no longer pay the 100% of the $1500/$3000 deductible (HSA account) for all members in the bargaining unit.

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that the Lyons Police Department is authorized to be insured with Blue Cross Blue Shield Simply Blue, Platinum 2, and no longer be paid for the Health Saving Account effective June 1, 2014.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

A discussion took place regarding the Landlord’s Law. There are properties in the Village that the parents are holding the mortgage for their children. Mayor VanStean questioned in cases like this should they be considered landlords. He also advised there are 6 landlords that have not completed their landlord license. He questioned how the board would like to proceed. Village Attorney, Arthur Williams will review the Village of Lyons Landlord’s Law and will get back to us.

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that Mayor VanStean is authorized to sign the proposal from MRB/group for the Consulting Services for Dissolution Implementation.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean reported the certificate of substantial completion has been sent and filed by MRB/group for the Sohn-Alloway Water Tank. For information only.

Mayor VanStean stated Phyllis Paliotti and Sue Pullen have showed interest in planting and maintaining the flowers at the Triangle Park and Taylor Park.

RESOLUTION offered by Mr. Blandino, second by Mr. Evangelist

RESOLVED that permission is granted for Phyllis Paliotti and Sue Pullen to purchase plants and maintain the flowers at the Triangle Park and Taylor Park.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean informed the Village Board he would like to scrap items from the Water Plant. He will make a list and those items will be declared surplus.

RESOLUTION offered by Mr. Blandino, second by Mr. Evangelist

RESOLVED that Mayor VanStean is authorized to scrap unneeded items from the Water  Plant once the items are declared surplus.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Mayor VanStean stated research had been done on sewer billing relief as a result of unplanned consumption of water. Surrounding communities were asked if they issue sewer credits. Only two issue sewer credits. Mayor VanStean referenced information from the New York Conference of Mayors that stated. “Neither the mayor nor the municipal clerk are authorized to make adjustments in water or sewer after issuance.” Villages would have to consider establishing an internal procedure which provides for prompt and equitable resolution of billing disputes. He also cited, “Neither villages or cities are authorized to “forgive” delinquent water and/or sewer charges, as this would constitute a gift of public funds which is prohibited by the state constitution. For information only.

Mayor VanStean advised the Village Board he authorized the service and inspection of the generator on Pearl Street.

Village Attorney, Arthur Williams, left at 8:00 P.M.

Trustee Alvaro read the Lyons Fire Department Report for April 2014. This is on file with the Village Clerk.

RESOLUTION offered by Mr. Alvaro, second by Mr. Dobbins

RESOLVED that permission is granted for the Lyons Fire Department to use William Street, between Pearl and Water for a water ball competition on July 12, 2014; and

BE IT FURTHER RESOLVED that permission is granted to use the water from the hydrant.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Alvaro, second by Mr. Dobbins

RESOLVED permission is granted for the children carrying the banner for the Lyons Fire Department to ride on the fire truck to and from the parades the Lyons Fire Department participates in.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Trustee Alvaro read the Water Department Report for the month of April. This is on file with the Village Clerk.

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that Mayor VanStean is authorized to execute the agreement with Stephan Consulting in the amount of $695.00 per day for five days for water leakage investigation survey in the Village of Lyons.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Trustee Blandino read the Department of Public Works report for the month of April.

Trustee Evangelist read the Lyons Police Department report for the month of April. On file for future information.

Chief Bogan expressed his need to fill one of our vacant Part time Patrolman positions. He presented to the Board a resume from Michael Colacino.

RESOLUTION offered by Mr. Evangelist, second by Mr. Blandino

RESOLVED that authorization is granted to hire as part-time Patrolman, Michael Colacino, to fill one of our vacant Part Time Patrolman positions.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

RESOLUTION offered by Mr. Dobbins, second by Mr. Blandino

RESOLVED that authorization is granted to permanently appoint Officer Brian Ritchie to the Lyons Police Department, retroactive December 13, 2013.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Chief Bogan reported that Cody our K-9 dog has been experiencing some health issues and currently under veterinarian care for his condition. Officer Bartucca has acquired another K-9 named Rocco. Rocco is fully DCJS certified and trained.

RESOLUTION offered by Mr. Evangelist, second by Mr. Alvaro

RESOLVED that the Village of Lyons granted to utilize the service of Officer Bartucca’s certified K-9 dog, Rocco, as needed.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Trustee Evangelist read the Code Enforcement Report for the month of April. This is on file with the Village Clerk.

Trustee Dobbins reported the Joint Planning Board met. They are focusing on abandon homes in the area. They will be meeting every 3 months.

Trustee Dobbins also stated the Lyons Main Street Program will be hosting an informative investment presentation by Rick Hauser. Mr. Hauser has developed an anti-blight tool called, “Main Street, LLC”, a community wide development corporation that urges people to invest in their community. This will be held at 6:00 P.M. at the Ohmann’s Fox Studio on May 22, 2014.

RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist

RESOLVED that the meeting be adjourned.

AYES: Mr. Alvaro, Mr. Blandino, Mr. Dobbins, Mr. Evangelist

Meeting adjourned at 8:45 P.M.

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