August 14, 2023

A regular meeting of the Village Board held on the above date was called to order at 6:00 p.m. at the Village Hall, 1 West Main Street, Clifton Springs, NY  14432.    

Presiding:                              Mayor James Keyes

Village Trustees Present:    Bryan Gray, Brian Rickerson, Earl Lincoln

Village Trustees Absent:     Jeff Linsner

Also Attending:                     Eric Merkley – Chief Wastewater Plant Operator, Maureen Ballatori – 29 Design Studio Branding and Marketing

 Minutes:                                The minutes of the meeting of July 10, 2023 and July 17, 2023 were approved upon motion by Trustee Gray 2^nd by Trustee Lincoln.   All members present voted AYE.  Carried.

Vouchers:                              General, Water and Sewer Vouchers #132 through #218         and ARPA #0-#0 were approved for payment by Trustee Lincoln 2^nd by Trustee Gray.

.  All members present voting AYE.  Carried.                                                                                                                                   

General Fund =                    $    209,310.19

Water Fund =                        $     65,906.42

Sewer Fund =                       $     28,641.84

ARPA =                                  $         -0-

PRIVILEGE OF THE FLOOR:

E. Merkley – sewer report

Eric Merkley, Chief Wastewater Operator, appeared before the Board and reported the following:

The compost permit has been approved by NYS Department of Environmental Conservation.  The plant will now gear up for P FAS (testing for plastics).  This will cost $400 per sample and the Village will need to test up to six times per year.

Work continues on getting the old clarifier working before the sewer plant upgrade occurs.  Currently waiting on quotes for a number of parts, as a number of parts were rusted and locked up and can no longer be used. 

At the plant the front door has been replaced.  The old air conditioner has been removed.  The only way to remove it was in pieces. 

The hospital violated the discharge permit when they went over the limit on BOD – heavy metals.  The hospital has indicated that the injection enzymes ran out by human error.  The hospital has corrected this problem by using a 3^rd party to take care of this.  Chief Operator Merkley would request to fine the hospital $100 per day x the 15 days they were in violation, for a total fine of $1,500.  (The fine can be as high as $1,000 per day).  The Board agreed to proceed with the fine, as the violation creates problems at the sewer plant.

NYS Department of Environmental Conservation has sent comments – concerns back to Hunt Engineering for additional information. Hunt will reply to these comments this week.

One item DEC would like is to see hard wired units for gas levels at the proposed new headworks. Chief Merkley feels safer using handheld units.  No final decision from DEC on this.

The Village is still waiting to find out exactly what size generator will be needed to operate the entire plant.  Once this information is known, the generator will be ordered as it is estimated to take at least a year to arrive.

Meeting of August 14, 2023 continued:

A zoom meeting will be held with Environmental Facilities Corporation, Hunt Engineering. Bernard Donegan Financial Advisors and the Village on August 21, 2023 to discuss the short term and long-term financing and the hard hardship of no interest on the borrowing for the project, as the hardship expires September 30, 2023.  All indication is the hardship will extend, but this needs to be discussed and approved by EFC.

Maureen Ballatori – Mural Project for Main Street Art Gallery

Maureen Ballatori, CEO of 29 Design Studio Branding and Marketing, appeared before the Board.  Mrs. Ballatori informed the Board that Main Street Art Gallery is working on obtaining a grant through the American Rescue Plan Act (through Ontario County) and if a grant is received Main Street Arts Gallery would like to use the funds for two murals in the community. 

Mrs. Ballatori explained that this is a different request from a year or so when the YMCA was seeking funding for a mural on their building on Crane Street.  This request was wanting to use Village funds for the mural.  In this request from the Art Gallery, no Village funds would be requested.

Mrs. Ballatori explained that if ARPA funds are secured, Main Street Arts Gallery would proceed with the mural(s).  She stated if a building is privately owned, Main Street Arts Gallery would proceed with the mural(s) working with the private owner and that Main Street Arts Gallery is also looking at the possibility of having a mural(s) on municipal owned buildings.  

Mrs. Ballatori will be donating her time and efforts as part of the 25% needed by the Art Gallery and the Artist would be A. Linsner for one mural and the community for a second mural.

Mrs. Ballatori was looking for approval of a resolution that is needed with the grant application.  Trustee Gray offered the following resolution 2^nd by Trustee Rickerson:

AUTHORIZATION TO SUPPORT THE A GRANT APPLICATION TO ONTARIO COUNTY FOR FUNDING THORUGH THE AMERICAN RESCUE PLAN ACT

WHEREAS, Main Street Arts Gallery  (the “Applicant”) plans to submit an application to Ontario County for funding through the American Rescue Plan Act Arts, Culture and Recreation Community Grant Program (the “Application”); and

WHEREAS, in order to be considered for funding, Community Grant Program Applications require a resolution of support from the Municipality where the Applicant’s proposed project (the “Project”) will take place, and 

WHEREAS, The Village of Clifton Springs is aware of, and supports, the Project and believes it will be beneficial to the Village of Clifton Springs, and

WHEREAS, the Project “involves investment in the arts, cultural activities, or the creation or enhancement of active or passive recreational opportunities, and supports the recovery and economic resilience and/or quality of life in Ontario County”,

NOW, THEREFORE, BE IT

RESOLVED, that the Village of Clifton Springs Board of Trustees supports Main Street Arts Gallery’s application for funding to the Ontario County American Rescue Plan Act Arts, Culture and Recreation Community Grant Program, acknowledging that the Project may require subsequent reviews and approvals by Municipal Boards.

Offered by: Trustee Gray 

Second by: Trustee Rickerson

Ayes:  Mayor Keyes, Trustee Gray, Trustee Rickerson, Trustee Lincoln

Absent:  Trustee Linsner

The Board would like to be kept apprised of this project and did not commit to any murals on municipally owned property.

Meeting of August 14, 2023 continued:

CORRESPONDENCES:

Main Street Arts Gallery – mural grant request

Resolution of support for Main Street Arts for a grant they are applying for to have one or two murals completed in the Village. 

See discussion and resolution under privilege of the floor.

DEC – comments on disinfection and possible headworks

From NYS DEC, update with the most recent comments regarding the disinfection and possible headworks project.

Discussed during privilege of the floor.  At this time Hunt Engineering will be responding to DEC to answer questions they need more information on.

Annexation of small parcel for sewer plant project – Town of Manchester resolution

Resolution from the Town of Manchester.  This is needed for the Village to continue with the annexation process.

Reviewed.

Annexation of small parcel for the sewer plant project

From Attorney Graff, continuation of the annexation process for the small parcel of land by the sewer plant. 

Clerk Reals explained that this is needed as part of the process to annex the land from the Town of Manchester to the Village of Clifton Springs. 

RESOLUTION AUTHORIZING ADOPTION BY THE VILLAGE BOARD OF THE VILLAGE OF CLIFTON SPRINGS OF LOCAL LAW NO. 5 OF 2023 ENTITLED “A LOCAL LAW ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF CLIFTON SPRINGS"

            WHEREAS, a resolution and order were adopted by the Board of Trustees of the Village of Clifton Springs on the 14th day of August 2023 approving and ordering the annexation of land, as described in said resolution and order and solely owned by the Village of Clifton Springs, from the Town of Manchester to the Village of Clifton Springs; and

            WHEREAS, the Town Board of the Town of Manchester, on July 11, 2023, and pursuant to General Municipal Law §706, adopted a Resolution consenting to the annexation of the land, as described in such Resolution, to the Village; and

            WHEREAS, no special election is required for this annexation as no persons reside within the territory being annexed; and

            WHEREAS, Section 714 of the New York General Municipal Law requires the adoption of a local law, without further notice or public hearing, following the adoption of said resolution and order to effectuate the annexation; and

            WHEREAS, the Village Board of the Village of Clifton Springs, after due deliberation, finds it in the best interest of the Village of Clifton Springs to adopt said Local Law.

            NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Clifton Springs hereby adopts said Local Law No. 5 of 2023, entitled “A Local Law Annexing Certain Territory to the Village of Clifton Springs", a copy of which is attached hereto and made a part of this resolution, and be it further

            RESOLVED, that the Village Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Village of Clifton Springs, and to give due notice of the adoption of said local law to the Secretary of State of New York.

I, Lori Reals, Village Clerk/Treasurer of the Village of Clifton Springs do hereby certify that the aforementioned resolution was adopted by the Board of Trustees of the Village of Clifton Springs on August 14, 2023 by the following vote:

Meeting of August 14, 2023 continued:

                                                                                                                                Aye                 Nay

                        James Keyes                                                X

                        Earl Lincoln                                                  X

                        Jeffrey Linsner                                             was not present

                        Bryan Gray                                                    X

                        Brian Rickerson                                           X

August 15, 2023                                                       ______________________________

                                                                                    Lori Reals, Village Clerk/Treasurer

SEAL

New York State Department of State

Village of  Clifton Springs

Local Law No.5 of the year 2023

A local law Annexing Certain Territory to the Village of Clifton Springs

Be it enacted by the Board of Trustees

Village of Clifton Springs as follows:

Section 1.      The Village of Clifton Springs shall contain, on and after the effective date of this local law, in addition to the territory heretofore contained within its boundaries, the property described in Schedule A, entitled Description of Property Annexed, hereinafter set forth.

Section 2.      The territory described in Schedule A hereinafter set forth is hereby annexed to the Village of Clifton Springs pursuant to the provisions of Section 714 of the General Municipal Law of the State of New York.

 Section 3.     This local law and the annexation of the territory described in Schedule A herein shall become effective upon filing in the office of the Secretary of State of New York

Section 4.      If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been ordered.

Section 5.      This local law shall take effect immediately upon filing with the Secretary of State.

Schedule A

Description of Property Annexed

All That Tract or Parcel of Land situate in the Town of Manchester, County of Ontario, State of New York, being part of Lot 86 and more particularly described as follows:

Commencing at a point marking the division line between The Village of Clifton Springs having SBL 34.18-1-20.000 and being L.982, P.808 on the west and the Village of Clifton Springs having SBL 34.18-3-2.100 and being L.659, P.688 on the east, where said point intersects with the north line of LaDue Ave (49.5’ wide) thence, N 00°27'48" W along said division line a distance of 338.14’ to the point of beginning, thence S 88°38’55" W along said the division line between the Leach Road Land Company, Inc. having SBL 34.00-1-25.211 on the north and the lands of the Village of Clifton Springs having SBL 34.18-1-20.000, The Trustees of Village of Clifton Springs having SBL 34.18-1-19.000 and Sarah A. Janas & Scott D. Janas having SBL 34.18-1-18.000 on the south a distance of 225.43’ to a point; thence,

Meeting of August 14, 2023 continued:

(1) N 01°21’04" W through the lands of Leach Road Land Company, Inc. a distance of 70.80’ to a point; thence

(2) Continuing through last said lands N 54°20’00" E a distance of 277.20’ to a point, said point being the division line between the Town of Phelps on the east and the Town of Manchester on the West; thence

(3) S 00°27'48" E along last said division line and the division line of the Town of Manchester on the west and the Village of Clifton Springs on the east a distance of 227.10’ to the point of place of beginning.  Containing 33,700± Sq. ft.; 0.774± Acres. 

The above description is shown on a map by Hoffman Land Surveying and Geomatics entitled “Land to be conveyed to the Village of Clifton Springs” having project number 22-006J and dated September 25, 2022. Said map was filed in the Ontario County Clerk’s Office as Map No. 38625

SEAL                                                                                      _______________________

                                                                                                Lori A. Reals                                    

Village Clerk/Treasurer

August 15, 2023

Items the fire department would like to have declared as surplus

List of items from the fire department that they would like to declare as surplus. 

The Board agreed to declare the items listed on one page from the Fire Department as surplus, and these items can be sold with the understanding that revenue received from these items will be placed into the reserve for the next fire truck purchase.

2022-year end report from Clifton Springs Fire Department

Year-end report from 2022 from the fire department.

Reviewed. 

April – July monthly Fire reports

Fire Department report for April – July. 

Reviewed.  In the past, Clerk Reals emailed these, but since discussion is now happening on the next truck purchase, Clerk Reals wants to make sure everyone is provided the monthly report.

Local Law 4-2023 filled with NYS

Letter from the Department of State that shows Local Law 4-2023 was filed.

Reviewed.  This law pertained to the tax exemptions for volunteer firefighters.

Certificate of training for Scott Janas

Certificate of training for Scott Janas.

Reviewed.  The Board appreciates Mr. Janas completing the training. 

FEMA – preliminary flood insurance map

Letter from FEMA.  FEMA has a preliminary copy of the flood insurance map. 

Reviewed.  This map is on file in the Village Hall for anyone who wants to see it.

Letter of support form Assemblyman Gallahan for the sewer project

Copy of the letter of support that Assemblyman Jeff Gallahan submitted for the sewer project – request for additional grant funding.

Reviewed.  The Board appreciates the support from Assemblyman Gallahan.

Meeting of August 14, 2023 continued:

J. Clyde, requests sewer reduction

Letter from Jessica Clyde, owner of 33 Crane Street, asking for a sewer reduction of one sewer unit (she has a 3-unit house) because it remains vacant. 

Reviewed.  Clerk Reals mentioned that water usage as this home remains at a minimum as two units are unoccupied.  Ms. Clyde is asking for a reduction for one unit until further notice.  Motion was made by Trustee Lincon 2^nd by Trustee Gray to grant this request for a one-year period.  All members present voting AYE.  Carried.

STREET DEPARTMENT:   Trustee Lincoln had nothing to present.  

WATER DEPARTMENT:    Trustee Lincoln had nothing to present.  . 

SEWER DEPARTMENT:   Trustee Rickerson report was covered under privilege of the floor and correspondences. 

ZONING & PLANNING DEPARTMENTS:   Trustee Gray reported the following:

Unlicensed cars at 62 West Main Street

Trustee Gray will follow up with Code Enforcement on concerns regarding the number

of unlicensed cars at 62 West Main Street.   People have expressed concerns as the number of cars appears to be increasing.

FIRE DEPARTMENT: Trustee Linsner was not present.

PARK – YOUTH DEPARTMENT:   New park equipment should be arriving the end of

August and hopefully installation will be completed by mid-September.

SOCIAL MEDIA:  Nothing was reported.

POLICE DEPARTMENT:  Chief Upchurch is working with a new company as the former vendor kept putting off bringing the demonstration radar trailer.  The Village has ordered two pole mounted signs, at a cost of approximately $2,500 each.  One unit will have data collection.  These signs will be able to be moved around the Village and should arrive at the end of August.

COURT DEPARTMENT: Nothing was reported.

MAYOR KEYES REPORT:  Mayor Keyes report was covered through out

the meeting.

CLERK REALS REPORT: Clerk Reals did not have anything to report.

OTHER BUSINESS:

Adjournment

There being no further business to come before the Board, motion made by Trustee Lincoln  2nd by Trustee Gray to adjourn.  All members present voting AYE.  Meeting adjourned at 7:10 p.m.

Respectfully submitted,  

Lori A. Reals

Clerk/Treasurer