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REGULAR MEETING OF THE VILLAGE OF LYONS BOARD OF TRUSTEES HELD ON TUESDAY, JULY 10, 2012, AT 6:00 P.M. AT THE VILLAGE HALL, 76 WILLIAM STREET, LYONS, NEW YORK.
PRESENT :
ABSENT:
Corrine Kleisle, Mayor Dennis Alvaro, Deputy Mayor Richard Evangelist, Terry VanStean, Trustees Denise Darcangelis, Clerk-Treasurer Richard Bogan, Police Chief Michael Salerno, General Working Foreman Arthur Williams, Village Attorney Robert Darcangelis, Fire Chief and Code Enforcement Officer
Joanne Greco, Trustee
Mayor Kleisle welcomed everyone present and all stood for the pledge to the flag.
Mayor Kleisle greeted residents from Rice Street, Shaw Street, Bear Street, and Canal Street that were in attendance to discuss the “Point System” for troubled properties. Mr. Jerry Ashley, 37 Bear Street, led the discussion. He asked for clarification regarding the “Point System”. The residents questioned whether the points were getting accessed properly. There is a concern that there is no uniformity as to when and how the points are given or should be given. They stated there is loud music, basketball being played in the street, people not willing to let cars by, lack of code enforcement in that area, dog complaints, possible drug deals, obscene language, and constant trash being dropped. The residents feel there is little or no Police patrols in that area.
Mayor Kleisle asked them if they have addressed these issues with the Chief of Police. They have not. They questioned how many times they need to call 911 to get something done. Homeowners stated they have put a lot of money in their homes and will not get a return because of the rental properties and tenants in that area.
Village Attorney, Arthur Williams, stated he empathizes with everyone who lives near problem tenants. The remedy to remove someone is drastic. We must make sure we go about it the right way to protect the Village and tax dollars. Any calls for service is risky to prosecute on neighborhood complaints. Drug warrant arrest and domestic violence are points that can prosecute. The landlord has 100% responsibility to screen tenants. He suggests they go back three times on references. If the person has moved frequently in a short period of time, that should also raise a red flag. He also suggests that the landlordʼs lease only be month- to- month instead of a yearʼs lease to make the eviction process quicker.
Residents from Canal Street also spoke regarding a concern with possible drug deals and loud music from vehicles on that street. They stated they witness approximately 30 to 40 deals a day. They have not called because they feel this falls on deaf ears. It was suggested they take down the license number of these vehicles and report this to the Lyons Police Department.
Mr. Ashley closed the meeting by asking what the Village Board and Village Attorney plan to do to address the problems.
Trustee Evangelist agreed to more presence within the community from our Lyons Police Department, Chief of Police and Code Enforcement Officer to get on top of these issues.
Trustee VanStean stated the Village Board has acted. We have tried to improve the quality of life in the Village. He encouraged people to call 911. The Village Board has adopted a Parental Responsibility Law as well. We need enforcement, stringent enforcement. Laws are already in place. Enforcement needs to be stepped up. He vowed and promised this will happen.
Mayor Kleisle thanked everyone for attending and voicing their concerns.
Eileen Lutz, Executive Director of Community Action in Self Help, was in attendance. She discussed the possibility for taxes not to increase 100% the following year after the work is completed of newly renovated properties from the New York Main Street Grant. She asked if the Village would entertain a progressive assessment, possibly over a five year period, to encourage building owners to participate to make the project(s) economically feasible to those who wish to participate.
Mayor Kleisle stated because of the three taxing entities she advised Ms. Lutz to call the Wayne County Assessorʼs Office to discuss this with them.Ms. Lutz stated she will be putting $15,000 in the grant for streetscape for the Village to put where they see fit. This will show collaboration between Community Action in Self Help and the Village of Lyons. Mayor Kleisle thanked her for her work on this grant.
A discussion took place regarding the Village Board minutes for June 12, 2012. Trustee VanStean stated a resolution was passed to hire the part-time laborer, however, the hourly rate of $8.00 per hour was never Board approved. Mayor Kleisle explained the 2012-2013 budget was passed to include part-time laborers at $8.00. Mr. VanStean stated the rate has always been $7.50 per hour and the Village Board never acted to raise the rate.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that the minutes from June 12, 2012, be corrected to remove the hourly rate of the part-time laborer of $8.00 per hour.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that the rate of pay for the part-time laborer for 2012 be set at $7.50 per hour.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that the amount of .50 per hour and taxes be deducted from the part-time laborer from his date of hire.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that the minutes of the regular meeting held on June 12, 2012 with the noted corrections, and the meeting held on July 2, 2012, be approved as submitted.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean RESOLUTION offered by Mr. Evangelist, second by Mr. VanStean
RESOLVED that the audit be approved as submitted; #25 General, Water, and Sewer Funds $12,435.50; #26 Capital Project- WMRP $12,435.50; #27-#39 General, Water and Sewer Fund $132,311.84; #40-#109 General, Water and Sewer Fund $191,924.51; #110 Trust & Agency Account- Drug Forfeiture $122.55; #111- #112 Capital Project- New York Main Street $62,953.15; #113-#115 Capital Project-WMRP $73,452.50; #116- #117 Capital Project-Downtown Improvement Project $15,449.00.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Village Attorney, Arthur Williams, reported he had communication with Daniel Connors, Wayne County Attorney, regarding Prospect Street. Mr. Connors will go to the committee on this and get back to us.
Village Attorney, Arthur Williams, stated he has not been successful with serving the property owner of 7401 Route 31 regarding the delinquent sewer bill. He will continue to work on this.
Village Attorney, Arthur Williams, stated he will work on a Local Law to prohibit permits for alcohol in the Village Parks.
The Treasurerʼs report was given and will be placed on file. RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that inasmuch as the Village of Lyons receives funds from the Governorʼs Office for Small Cities that a Fair Housing notice must be published every three months, whereas the Notice for Fair Housing is published on behalf of the Village of Lyons.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean RESOLUTION offered by Mr. Evangelist, second by Mr. VanStean
RESOLVED that authorization is granted for the Clerk Treasurer to loan $79,503.92 to the Water Fund as a due to the General Fund for expenses as directed by New York State Office of the State Comptroller.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that authorization is granted to transfer the following accounts in the 2012-2013 budget, to pay Parker Hannifin lawsuit assessment 3 year payment plan, for approximately $22,340.76 annually. Transfer from A8010.1 Zoning, $5,920, A3620.1 Safety Inspection, $5,920, A9030.8 Social Security $905.76, A9060.8 Hospitalization $9,295, A8010.4 Cell Phone $300, for a total of $22,340.76 to be transferred to A1930.4 Judgment and Claims.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Clerk Treasurer reported Local Law 1-2012 repealing Local Law 4-2008, Sex Offenders, has been received and filed by the State of New York. For Information Only.
RESOLUTION offered by Mr. Alvaro, second by Ms. Evangelist
RESOLVED that authorization is granted for Lee Walter, Certified Public Accountant, to perform the single audit, the amount not to exceed $9,200, that is required due to expending $500,000 on Federal monies in one fiscal year for fiscal year ending May 31, 2012 on all municipal accounts.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that permission is granted for the Clerk-Treasurer and any members of the Village Board to attend NYCOMʼs Fall Training School in Lake Placid, New York, September 10th - September 14th with expenses reimbursed by the Village of Lyons.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
BE IT RESOLVED, that the Village of Lyons, Location code 40022, hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employeeʼs Retirement System based on the record of activities maintained and submitted by these officials to the clerk of the Board of Trustees of the Village of Lyons.
Title
  
   Name
  
Appointed  Officials
Social Security
  
  Registration Number
  
  Number
  
Standard
  
  Term
  
   Work
   
  Day
   
Participates In  Employer’s Time  Keeping System
  
  Days
   
  
  Month
  
Clerk
  
   Treasurer
   
   Deputy
   Clerk
   Treasurer
   
   Elected
  Officials
   Trustee
   Trustee
   
   
Denise Darcangelis
  
Karen DeSain
   
  
Terry VanStean
  
Joanne  Greco
  
(last
  four)
  
  
  
  
  12/01/2009  11/30/2013  12/01/2009   11/30/2013  12/01/2009  11/30/2013
  
   
  
Trustee
   
   
  
   
   RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist
Dennis
   
   Alvaro
   
BE IT RESOLVED that the Village of Lyons, Location Code 40022, hereby establishes the following as standard work days for its employees and will report days worked to the New York State Local Employeeʼs Retirement System and the Police and Fire Retirement System based on the time keeping system or the record of activities maintained and submitted by these members to the clerk of this body:
   
  
   Title
  
   Standard
  Work  Day
  
  (Hrs/day)
   

   12/01/2011  11/30/2015 12/01/2011 11/30/2015
   
  
Court Clerk
  
  Village Attorney
   
   Water Sewer  Clerk
   
  
   Police
  Dept/Clerk
  
  
  Parking Enforcement
  
Fire
  Diver
  Foreman
  
   Fire
  Driver
  
   P/T
  Fire
  Driver
   
  
   
   S.T.Plant
  Operator Foreman
   
   S.T.
  Plant Operator
  
   
  
   Auto
  Mechanic Foreman
   
  
   Water Distribution
   
   MEO
  
   
   
   Laborer
  
   
   
   Sergeant
   
   
   Patrolman
   
   
   P/T
  Patrolman
   
   
AYES: Mr. Alvaro, Mr.
  
  
Evangelist, Mr. VanStean
   

Village Clerk, Denise Darcangelis, reported the Note Sale Bid took place today. Three bids were received. Low bidder for the $750,000 Bond Anticipation Note was Lyons National Bank at 1.48% interest rate.
RESOLUTION offered by Mr. Evangelist, second by Mr. VanStean
RESOLVED that authorization is granted for Lyons National Bank to be awarded the $750,000 Consolidation Bond Anticipation Note at an interest rate of 1.48%.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Mayor Kleisle reported an annual inspection was conducted at the Lyons Wastewater Treatment Plant on May 11, 2012. The report stated they found our facility to be in significant compliance with the requirements and limitations as set forth in the State Pollutant Discharge Elimination System (SPDES) Permit. They did note the sewer north of the cemetery needs to be inspected, cleaned, and/or repaired, also the Village still needs to submit a plan and schedule to address inflow and infiltration (I/I) within the collection system. They also suggest that the Village begin planning to replace the existing auxiliary power generator within the next few years. Mayor Kleisle advised the board a written response is due to the NYS DEC by July 25, 2012. She asked everyone for their input on a corrective action plan to address the items listed in the report.
Mayor Kleisle read a letter from Rev. Sziemeister, Pastor at the First Lutheran Church. The Lutheran Church International will be having its annual Synod meeting in Lyons from Wednesday, July 25th through Saturday, July 28th. There will be delegations from other countries as well as across the United States. Due to the limited parking, he requested to have Church Street, Pearl Street, and Broad Street, in front of the church building reserved for church use only. The church would provide a card that would identify delegateʼs vehicles as part of the Synod that would be placed in their dashboard.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that the Village of Lyons support the request of Rev. Sziemeister to reserve parking around the First Lutheran Church at Church Street, Pearl Street, and Broad Street, in front of the church building, on July 25th- July 28th for the Synod.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Mayor Kleisle received a request from Peppermint Days asking the Village of Lyons Department of Public Works to assist with the picnic tables, garbage cans and the barricades for the upcoming festival.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that permission is granted for the Village of Lyons Department of Public Works to assist with the picnic tables, garbage cans and the barricades for this weekendʼs Peppermint Days Festival.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Mayor Kleisle read communication from NYS Department of Transportation stating the NYS DOT conducts annual sign surveillance and sends removal notices for any illegal signs they find. They request that we refer any residents, which request permission to place an off-premise advertising sign that will be visible from any of the roads they control, to them.
Mayor Kleisle read communication from the Grace Episcopal Church requesting to extend their present driveway to create a one way driveway, entering from Phelps Street and exiting from Route 14. They are requesting the parking space that is in the exit area of Route 14 be eliminated. Mayor Kleisle stated this request must be sent to the NYS Department of Transportation.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that the request to eliminate the parking space on Route 14 to allow a one way driveway for the Grace Episcopal Church is permitted once written approval has been received by New York State Department of Transportation.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Mayor Kleisle read the Village Justice Report for June 2012. The number of cases reported to audit and control was 135, fines collected $6,980 and bail collected $23,250. This is on file with the Village Clerk.
Mayor Kleisle reviewed the quote from Jamko for municipal sewer cleaning and televising. The quote from Jamko for a CCTV Inspection –Drain Pipe 8ʼ thru 36” $155.00 per hour and Sewer Pipe Cleaning-Vactor Truck $185.00 per hour. Suggestions were made to look into renting a camera and a sewer jet elsewhere to see if it is cheaper.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that authorization is granted for Michael Salerno, Tom Gowan, and Richard Wunder to attend the Finger Lakes Water Works Conference Summer Meeting on August 12, 2012, at Penn Yan Firemanʼs Field. All expenses to be borne by the Village of Lyons.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist
RESOLVED that authorization is granted for Michael Salerno to attend the NYCOMʼs Public Works School, October 22nd- October 24th in Canandaigua. All expenses to be borne by the Village of Lyons.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Mayor Kleisle informed the Village Board the Downtown Landscape Project will commence July 17, 2012. The bid from Nicoletta was reduced from $38,000 to $33,678. For Information Only.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Mayor Kleisle reported the NYS Canalway Trail from Abby Park to Leach Road will be done by the Canal Corp and from Route 14 to the Canal will be done by the Village of Lyons. Proposed start date for the Canal Corp is August 29, 2012, and hope to have their portion completed by this fall.
Mayor Kleisle discussed grievance from the Teamsters regarding overtime not being offered on a seniority basis, which they feel violates the Teamster Labor agreement. The claim is the Village has asked that the flowers be watered by the laborer. Mayor Kleisle stated this needs to be addressed and responded to. Trustee VanStean suggested if they work the weekend, time is taken off during the week. Trustee Alvaro stated we have the right to change work schedules. He suggests an altered work schedule of Wednesday – Sunday so no overtime is incurred.
Trustee Evangelist read the Lyons Police Department report for the month of June. On file for future information.
Trustee Evangelist reviewed the repair quote from Mackʼs Body Shop for the K-9 car. The total of the estimate was $1,326.03 and this is without cost of the repair for the air conditioning or the rear windows. It was determined to not repair the car and have the car taken out of service and declared surplus.
RESOLUTION offered by Mr. Evangelist, second by Mr. VanStean
RESOLVED that the 2000 Crown Vic K-9 car be declared surplus and Michael Salerno, General Working Foreman, strip the car.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Police Chief Bogan updated the Village Board on 39 Shuler Street. Chief Bogan stated 21 points were cited in less than 6 months. The Lyons Police Department responded to 31 calls for service in the month of June and 5 calls for service for the month of July to date. The property was posted under Chapter 37.110(B), Article XI, Order to Discontinue Public Nuisance. Chief Bogan has requested for a hearing to be scheduled to bring the people who live at that residence before the Village Board. Village Attorney, Arthur Williams, will draft and send the notices to the proper people.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that a hearing be scheduled for August 14, 2012, at 6:00 P.M. at the Village Hall for the residents at 39 Shuler Street.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean
Trustee Evangelist reviewed the Code Enforcement Report. Chief Bogan commented it is good to have the Code Enforcement Officer and the Fire Department under one hat. This works well. Mayor Kleisle stated she read someone stated a full time Code Enforcement officer is needed. She commented we are getting more accomplished with a part-time Code Enforcement Officer and thanked Code Enforcement Officer, Robert Darcangelis, for his efforts.
RESOLUTION offered by Mr. Evangelist, second by Mr. VanStean
RESOLVED that authorization is granted for the Village Board, Zoning Board of Appeals and the Planning Board to attend NYCOMʼs 2012 Summer School in Fairport on August 3, 2012. All expenses to be paid by the Village of Lyons.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean Trustee Alvaro gave the Street Department Report. On file for future information.
Trustee Alvaro reviewed the quote from Empire Tree Surgeons for tree and stump removal at 62 Broad Street, tree and stump removal at 38 Jackson Street and tree trimming at 5 Montezuma Street.
RESOLVED that the quote be awarded to Empire Tree Surgeons in the amount of $1,620 for tree and stump removal at 62 Broad Street, tree and stump removal at 38 Jackson Street and tree trimming at 5 Montezuma Street.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean The Lyons Fire Department report for the month of June is on file with the Village Clerk.
The annual Fire House and member inspection will take place on Saturday, July 14th at 5:00 P.M. All Village Board members are welcomed and encouraged to attend.
RESOLUTION offered by Mr. VanStean, second by Mr. Evangelist
RESOLVED that an executive session be declared to discuss Teamster negotiations and the part-time laborerʼs position.
AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean General Working Foreman, Michael Salerno, was in attendance. General Working Foreman, Michael Salerno and Village Clerk Treasurer, Denise Darcangelis, left at 9:08 P.M. RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist RESOLVED that the regular session be resumed at 9:20 P.M. AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean RESOLUTION offered by Mr. Alvaro, second by Mr. Evangelist RESOLVED that the meeting be adjourned. AYES: Mr. Alvaro, Mr. Evangelist, Mr. VanStean Meeting adjourned at 9:21 P.M.
____________________________________________ Denise Darcangelis, Clerk-Treasurer

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