VILLAGE OF CANASTOTA

MINUTES

November 1, 2021

Mayor Warner called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited.

PRESENT:	Mayor Rosanne Warner; Deputy Mayor Jeffrey Carpenter; Trustees Jeffrey Watkins, Bill McDade and Douglas Gustin; Mark Taylor, Richard Kelly, Joel Arsenault, Shawne Palmer, Rich Palmer, Todd Rouse, Michael Muench, Scott Blanchard; and Bruce Burke of PAC 99.

ABSENT:	None.

Motion by Trustee Watkins, seconded by Trustee McDade, to approve a loan from the General Fund to the Capital Project Fund in the amount of $1,827.50 for architectural fees for the LWRP designs. Passed 5 to 0.

Motion by Trustee Carpenter, seconded by Trustee Gustin, to approve the attached General Fund Abstract in the amount of $28,524.54. Passed 5 to 0.

Motion by Trustee McDade, seconded by Trustee Watkins, to approve the attached Sewer Fund Abstract in the amount of $12,494.03. Passed 5 to 0.

Motion by Trustee Carpenter, seconded by Trustee Gustin, to approve the attached Capital Fund Abstract in the amount of $1,827.50. Passed 5 to 0.

Motion by Trustee Watkins, seconded by Trustee McDade, to approve the minutes from the October 4, 2021, meeting. Passed 5 to 0.

Public Comments.

Shawne Palmer approached the Board. She is a resident of Barlow Street and is concerned about the employees from Dutchland slowing down on her road. She is also concerned with the two (2) non-owner occupied properties across the street from her. They are parking cars in the road all summer long - there were trucks and cars parked on both sides of the road all day causing traffic problems. Mrs. Palmer stated that there are problems with the way the landlords keep these houses. Mrs. Palmer would like speed limit signs noting that there are three (3) autistic boys that live on the street. She is concerned for the safety of the children on the Street. There are also cars parking in the front yard of the across-the-street neighbors. Mrs. Palmer would like some more trees planted on the street. She would like the owners to care about what the street looks like. Mayor Warner asked if the children at play signs were put up yet. Mrs. Palmer does not believe that they were. The Mayor and Mrs. Palmer talked about what is going on on the street and what the Police Department has done. Mayor Warner will try to meet with Dutchland to talk about the traffic. The Mayor advised that the Codes Officer has sent letters to some of the property owners. Mayor Warner noted that Mrs. Palmer has done a nice job on her house. Mrs. Palmer asked about a community center for kids. She would like to help if we ever did it. Trustee Carpenter asked if there are Dutchland vehicles that are speeding and makes this a Dutchland problem or are they Dutchland employees which might not be Dutchland's problem. The Board talked with Mr. and Mrs. Palmer about when the problems with traffic are occurring. Mr. Palmer noted that people are parking going the wrong direction on his side and parking on the lawns.

The Mayor interrupted the public comments to open the Public Hearing.

7:15 p.m. Public Hearing on Proposed Local Law No. A-2021, titled, "A Local Law to Amend the Code of the Village of Canastota to Create a New Chapter 75 Opting Out of Licensing and Establishing Retail Cannabis Dispensaries and On-Site Consumption Establishments Within the Village of Canastota Pursuant to Cannabis Law Section 131.

Mayor Warner opened the public hearing and read the Notice of Public Hearing out loud. Mayor Warner asked if anyone would like to speak about this law. Richard Kelly read a letter to the Board. He is not in favor of allowing the sale in the Village. Shawne Palmer noted that she agrees with Mr. Kelly. Joel Arsenault has retail space that he would like to let out, but does not want to let it for this purpose. He noted that we can opt out now and opt in later, but cannot opt in now and opt out later. Todd Rouse stated that he sees nothing good that would be a benefit to the community, adding that this does not make any sense to him. He noted that we have the ability at a later date to opt in if we decide that it would be something that we want to do later. Mr. Rouse stated that there is no benefit to doing it now and that it would likely draw in more people. He thinks that the Board should opt out and go back later if we want to. Shawne Palmer spoke in favor of opting out. Mayor Warner advised that the Codes Committee looked at it and has not had enough time to develop zoning laws. The Mayor received two (2) letters from people in favor. Mayor Warner advised that until zoning is adopted, we don't want it to just go anywhere. Trustee Gustin believes that there are too many unknowns not to opt out until we get a better handle on it. Trustee McDade agrees with Trustee Gustin and the people who spoke tonight. He thinks it would be reckless to opt in tonight and does not believe that consumption sites are a good idea. Trustee Carpenter noted that there are a lot of non-factors that have to be considered after looking at other states that have legalized this before us. Scott Blanchard stated that after the Town of Lenox opted out, he went to speak with the City of Oneida and noted that there is not a lot of guidance being offered from the State on this matter. He thinks that we should wait until the State comes out with something so that zoning does not have to be redone in the future. Mayor Warner advised that the State has not given any guidance. The Mayor talked about the conversations that the Codes Committee had with trying to decide where this should go. More work would have to happen on the State level before we go further. The Mayor noted that it is subject to permissive referenda. Michael Muench asked if the Oneida Indian Nation could put a parlor on the old Graziano's site. The Mayor talked about the fact that the Oneida Indian Nation is regulated by the Bureau of Indian Affairs which is a federal agency and it is not allowed on a federal level. The Mayor does not know what is planned now. Mr. Muench noted that it is like the Oneida Indian Nation to take advantage of something heavily taxed. The Mayor has talked to other Mayor's about this issue in their communities.

Mayor Warner asked two (2) more times if anyone wanted to speak for or against the proposed local law and received no response.

Motion by Trustee Gustin, seconded by Trustee McDade, to close the public hearing at 7:32 p.m. Passed 5 to 0.

Motion approving the attached Resolution to adopt A Local Law to Amend the Code of the Village of Canastota to Create a New Chapter 75 Opting Out of Licensing and Establishing Retail Cannabis Dispensaries and On-Site Consumption Establishments Within the Village of Canastota Pursuant to Cannabis Law Section 131. (Note: A roll call vote is required.) Trustee McDade - Aye; Trustee Carpenter - Aye; Trustee Gustin - Aye; Trustee Watkins - Aye; Mayor Warner - Aye. Passed 5 to 0.

7:30 p.m. Public Hearing on Proposed Local Law No. B -2021, titled "A Local Law to Amend Chapter 4 of the Village of Canastota Code Relative to the Term and Duties of the Village Administrator.

Mayor Warner opened the public hearing at 7:33 p.m. and read the Notice of Public Hearing out loud.

The Mayor asked if anyone would like to speak for or against proposed Local Law B.

Todd Rouse asked what is being changed. Mayor Warner advised that the Board wanted to change the verbiage from a two-year term to at the pleasure of the Board and also added "at the direction of the Board". She read some of the changes noting that this would add oversight by the Board. Mr. Rouse stated that the reason it was created was because the Village Board has no authority over employees day-to-day - only the Mayor does. The reason the law was written was to give the position the ability to work day to day. He noted that this position does not supersede your Department Heads but is given the ability for the Village Administrator to act in oversight. He added that the key was to keep continuity. Mr. Rouse spoke about why the term of office was standard. This position should be an extension of the Board via the Mayor to be sure that what is expected is being carried out. Mr. Rouse does not think that "at the pleasure of the Board" is a good idea and thinks it is dangerous with the potential for the majority of the Board to leave in one year. Mr. Rouse noted that he and Mayor Lavonas worked hard to create this position and believes that it is a position that can bring a lot of value. Trustee McDade asked why Mr. Rouse thinks that the changes are dangerous. Trustee McDade believes that the two-year term is dangerous, adding that a fixed two-
year term can make a person feel invulnerable. Mr. Rouse stated that nowhere in the law does it say that the Administrator has authority that the Mayor does not give them. Trustee McDade noted that there was a lot of friction between the previous administrator and the Mayor and the Mayor and other personnel. They believed that this person was working against the Village and the Mayor. The Board has re-looked at this law and re-written the law to be more restrictive and not equivalent to an elected official. He believes that it is up to the person in the position to determine how well this position works. We need to have a Village Administrator but we do not want to have a potential situation where a person is working against the Mayor and the Board. Mr. Rouse noted that this potential for problems is not limited to the Village Administrator position. Trustee McDade noted that this position could be a help to the new administration and could hurt the new administration. Mr. Rouse stated that he never had an administrator that didn't know that their duty is to carry out the order of the Mayor and Board. Shawne Palmer asked about why there has to be a term of office and why you can't just get rid of them when you want. Trustee Watkins responded that there are a lot of things going on in the background that need to be taken care of. Trustee McDade stated that we need to make sure that the administrator is working on the best interest of the Board and Mayor. Mark Taylor asked if the Board wrote this language trying to correct the situation. Richard Kelly asked how the administrator was given direction. The Board and Mr. Kelly talked about how the administrator reported to the Board. Mayor Warner noted that the Village Administrator also helps the Village employees as well as the Mayor and Board. She believes that the Village Administrator should be working with the best interest of the residents. Mr. Kelly suggested that the direction should be written. Mayor Warner noted that some of the direction comes from meetings and requests that happen from meetings. Also, requests are made through email many times. Trustee McDade noted that he had reached out to the administrator about a problem in an email and the problem was taken care of immediately. Joel Arsenault asked if the Board has discussed qualifications. Mayor Warner noted that they have not yet - she has what was used the last time. Mr. Arsenault believes that we should establish minimum qualifications. Trustee Carpenter noted that the parameters have not changes, just the verbiage.

The Mayor asked two (2) more times if anyone wanted to speak for or against the proposed local law and received no response.

Motion by Trustee McDade, seconded by Trustee Gustin, to close the public hearing at 8:00 p.m. Passed 5 to 0.

Mayor Warner asked the Board if they would like to vote. Trustee Carpenter asked if everyone was in the same place. Trustee McDade would like to take some time to digest what former Mayor Rouse stated. The Board decided not to take any action tonight on this law to give an opportunity to consider former Mayor Rouse's comments on the matter.

Public Comments were resumed.

Todd Rouse stated that the Village is lacking in codes compliance as he drives around the Village. He noted that it takes three (3) departments to handle codes compliance - the Fire Department through enforcement, the Police Department enforcing parking and the Codes Officer enforcing codes and people will start enforcing on their own. Mr. Rouse stated that he has found 32 unregistered cars in the Village today and added that it took a concerted effort to make the change under his administration. If it becomes the norm that people know that the Village is not going to allow it, it will police itself, but where people see that there is no enforcement, it will get worse. The Board and the residents in attendance talked about some code issues in the Village. The house on the corner of Center and Main Street was discussed. Shawne Palmer believes that this house might be historic and that it was built by one of the founders of the Village. Trustee McDade spoke about the history of some of the issues with this property. Mrs. Palmer asked if she can do some of the work to clean the sidewalk or would she need permission from the owner. Trustee Carpenter asked that she reach out to the owner. Mr. Rouse advised that they took one police officer and had them assist the Code Officer on code issues and it was successful.

Michael Muench spoke to the Board about problems that he is having with water from Canastota Creek running down Main Street with the heavy rain last week. He went to the Town and asked if there was anything that the Village can do with the Town. Mayor Warner noted that the DEC has been contacted and they advised the Village not to touch the creek because the Village would become responsible for anything after that. Mr. Rouse talked about the work that was done on the no name creek under his administration. He noted that the Canastota Creek takes more water now because of the development in the Town of Lincoln that caused more water to flow. The water under the trestle and under the Canal cannot take any more water. The Board discussed this issue with Michael Muench and Todd Rouse. The Mayor noted that the DPW did go in and clear out some trees. She talked about a spot where a property owners concrete pad is collapsing and wondered if that is causing a problem. There are areas where one side of a culvert is running and the other side is silt-filled. The Mayor noted that we have had discussions and have done some work to try to alleviate the problem. Mr. Rouse suggested that we involve the Canal Authority and CSX. Mr. Arsenault noted that even though retainage has been requested in the development, this is not being enforced. Mr. Rouse stated that he has worked with developers behind the bowling alley and the developer did some work to slow that down. Mayor Warner noted that the pond used to be deep and worked well, and now it is only about 1 foot deep. The Mayor suggests that we talk with the DEC to work on cleaning out the retention bond on private property. Mr. Rouse noted that the area behind the American Legion to the Firemen's Field used to be a lake. Mayor Warner talked about conversations with DEC regarding doing work in the creek and being advised by DEC not to do it. Mr. Rouse stated that property owners go to the center line of the creek and the Village only has an easement for the sewer line. He stated that it is better than it was - it's not perfect, but it is better.

Mr. Arsenault asked if we are making any headway on the parking. The Mayor advised that it is with the attorneys being re-drafted.

Motion by Trustee Gustin, seconded by Trustee Watkins, to approve the attached request from the Canastota Volunteer Fire Department to reinstate the membership of Matt Williams. (Note: a copy of his license has been received..) Passed 5 to 0.

Motion by Trustee McDade, seconded by Trustee Watkins, approving the attached Agreement Between Owner and Engineer for Professional Services from Timothy P. O'Hara, P.E., PLLC, and authorizing the Mayor to execute same, subject to modification of Article 4 - Invoices and Payments to reflect payment due within 45 days after receipt of Engineer's invoice. Passed 5 to 0.

Motion by Trustee Carpenter, seconded by Trustee McDade, approving a wire transfer sent to M&T Bank on November 1, 2021, from the Sewer Fund Account 97106.02 (Debt Service) in the amount of $99,300.00 for principal due on the 2014 EFC WWTP Capital Upgrade bond. Discussion: Mayor Warner asked what the term of the loan is. Clerk/Treasurer Williams is not sure but believes that it matures in 2043. Passed 5 to 0.

Motion by Trustee McDade, seconded by Trustee Carpenter, accepting the attached Customer Service Agreement No. 83114 from UniFirst for uniforms, mats and wipers for the DPW for a term of 60 months and authorizing the Mayor to execute the same. (Note: there has been no price increase from the current Agreement which has expired.) Passed 5 to 0.

Motion by Trustee McDade, seconded by Trustee Gustin, accepting the attached FirstNet Proposal Pricing for the Canastota Fire Department for 4 air cards at $.99 each and monthly pooled MIFI for the air cards at $22.50 per line. (Note: this is for the tablets that the Fire Company purchased for the fire trucks and is being paid from part of the funds from the Town of Lenox increase to the Fire Contract in 2022.) Passed 5 to 0.

Correspondence.

-	Letter from Department of Public Service regarding broadband service.

-	Thank you letter from Dominic Maggio regarding the Canastota/Lenox senior trip.

Mayor Comments.

The Mayor advised that the Fire Department is having a truck demo next Monday at 6:00 p.m. The Mayor provided the Board with an addendum to the FEMA Grant application. We received a $428,000 grant from FEMA. The truck that was originally specked did not fit in the door. W.S. Darley resized the truck. The Mayor talked about the new truck and the fact that our DPW just bought the same truck chassis which makes it easier for the mechanic. Mayor Warner looked into subscribing to HGAC so that we do not have to bid out the truck. The Mayor asked what the Board wanted to do with Archive Social. She talked about the lawyer not liking the language. Mayor Warner will try to get an updated budget out this week. She advised that the Chief's list expired, but the new list is the same. She has a new duty statement for former officer Paladino's position because she retired. Former officer DeGirolamo's position does not require a new duty statement because he did not retire. Also, Ken Taylor resigned and we need to post the position and can get this done. The Mayor talked about the person in the Village DPW who could be interested may not meet the requirements to be an MEO. Mayor Warner is working on setting up a meeting with Queensboro. She is working with Dale Vollmer, their engineer, and is trying to set up a meeting with Mr. Vollmer and Butch Miller of Queensboro, along with our Pretreatment Consultant Ken Skibinski and plant managers Dan and Jim Cunningham. The Mayor talked about a prospective business partner that would like to work with Queensboro.

Mayor Warner advised the Board that Recreation Leader Nicole Boston would like to know if she could have a key to the door where Pop Warner stores their equipment at the pool as they lost their keys and we are not replacing the keys. The Board discussed why Nicole does not have a key to this area and stated that she could have let them in when the need access. The Board is okay with giving her a key.

The Mayor spoke with Bob Manecheim and advised that former Mayor DeShaw sent a message asking why progress on his project has stopped. Mayor Warner advised that Mr. Manecheim is looking for grants for historical property for breweries in the state. The Mayor reached out to Jamie Kowalczyk at the County for help. Mayor Warner did hear from OPRHP and they apologized for not responding to our request. They provided a special use permit application which the Manecheim will fill out. The Mayor will be working with Senator May to see if the State will turn over the property to the Village. The Mayor talked about the benefit to the Village if Erie Canal Brewery opens their business. The Mayor noted that it has been over a year working on this 3-foot easement and believes that it would be easier if the Village owned the parking lot since we take care of the parking lot.

Trustee Comments.

Trustee Carpenter is all set.

Trustee McDade advised that last night someone in a car was shooting a bb gun at trick or treaters. He would like to put a warning out for next year and encourage people to call 911.

Trustee Gustin reported that Trunk or Treat was very successful and we doubled what we did last year. From 4-5 the walk-through was a big success and several of the cars had to go get more candy. The Rec Commission put in a lot of time to make that a success and they were all there working very hard. He stated that Nicole Boston has brought the Commission a long way in seven (7) months. They are looking at doing something different with this event for next year. The Mayor advised that the last count was 506 kids. Trustee Carpenter noted that there were fewer people out trick or treating this year.

Trustee Watkins is all set.

Adjourn.

Motion by Trustee McDade, seconded by Trustee Watkins, to close the meeting at 8:51 p.m. Passed 5 to 0.

Respectfully submitted,

Catherine E. Williams

Clerk/Treasurer