City Council

VILLAGE OF PORT DICKINSON Village Board Meeting Agenda July 12, 2022 6:00 pm Port Dickinson Village Hall Please take a moment to ensure that your cellphones are OFF or SILENCED. CALL TO ORDER PUBLIC HEARING: 1. Proposed Local Law 7-2022, A LOCAL LAW AMENDING CHAPTER 65 OF THE VILLAGE CODE ENTITLED “ZONING” REGARDING PARKING 2. Proposed LOCAL LAW NO. 8-2022, A LOCAL LAW AMENDING CHAPTER 24 OF THE VILLAGE CODE ENTITLED “BRUSH, GRASS AND WEEDS” 3. Proposed LOCAL LAW NO. 9 OF 2022, A LOCAL LAW AMENDING CHAPTER 62 OF THE VILLAGE CODE ENTITLED “WATER” REGARDING UNMETERED USE APPROVAL OF MINUTES: June 14, 2022 meeting PUBLIC PARTICIPATION: TREASURER’S REPORT: AUDIT & PAYMENT OF CLAIMS #26 (2021-2022) 1. Abstract of Unaudited vouchers for the General Fund for $ 2. Abstract of Unaudited vouchers for the Water Fund for $ 3. Abstract of Unaudited vouchers for the Sewer Fund for $ AUDIT & PAYMENT OF CLAIMS #2 (2022-2023) 1. Abstract of Unaudited vouchers for the General Fund for $ 2. Abstract of Unaudited vouchers for the Water Fund for $ COMMUNICATIONS: Certificate of Workers Comp coverage from Bell Atlantic Mobile, Allentown Certificate of Workers Comp coverage from Bell Atlantic Mobile d/b/a Verizon Wireless Certificate of Liability Insurance for Verizon Wireless TRUSTEE-COMMISSIONER REPORTS: Administration/Community Association – Charles Harding, Trustee Public Works – Michael Cashman, Trustee Planning – none Public Safety – James DeGennaro, Trustee The Port Dickinson Fire Department has received the new $826 multi-gas detection metering device, which is designed to help safeguard the firefighters in the line of duty when they make service calls. The funds to purchase the device were donated by Nimmonsburg Rotary. Reports attached  Parks, Water & Sewer – Robert Moss, Trustee Water/Sewer: 512 remote meters installed (87%), 79 remaining to complete (13%) Water arrears as of 7/11/2022 - $6,055.39 Zoning Board of Appeals – none OLD BUSINESS: RESOLUTIONS FOR APPROVAL: 1. Resolution scheduling a Public Hearing on August 9, 2022 at 6:00PM on proposed Local Law 10-2022, A LOCAL LAW AMENDING CHAPTER 22 OF THE VILLAGE CODE ENTITLED “ANIMALS” 2. Resolution to ratify the award of the winning bid of $9600 by Maria Galindo (via Auctions International) for the 2014 Chevrolet Tahoe VIN#1GNLC2E04ER185348. 3. RESOLUTION RE-APPROVING LOCAL LAW NO. 6-2022 At a meeting of the Village Board of the Village of Port Dickinson, held at Village Hall, 786 Chenango Street in said Village on the 12th day of July, 2022, the following resolution was offered and seconded: WHEREAS, the Village Board held a public hearing on June 14, 2022 at 6:01 p.m. for Local Law No. 6 of the year 2022 entitled “A LOCAL LAW AMENDING CHAPTER 45 OF THE VILLAGE CODE ENTITLED ‘PROPERTY MAINTENANCE’ REGARDING FENCING”; and WHEREAS, the Village Board adopted such Local Law with a typographical error in the section numbering and said error has since been corrected; and WHEREAS, the Village Board, after due deliberation, finds it in the best interest of the Village to re-adopt the Local Law with the error corrected. NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Port Dickinson hereby re- adopts said local law as Local Law No. 6 of 2022 entitled “A LOCAL LAW CHAPTER 45 OF THE VILLAGE CODE ENTITLED ‘PROPERTY MAINTENANCE’ REGARDING FENCING” a copy of which is attached hereto and made a part hereof; and it is further RESOLVED that the prior form of Local Law is hereby substituted with the corrected version; and it is further RESOLVED that the Village Clerk be and hereby is directed to enter said Local Law in the minutes of this meeting and to enter said Local Law in the Local Law Book of the Village of Port Dickinson, and to give due notice of the adoption of said Local Law to the Secretary of State; and it is further RESOLVED that this resolution will take effect immediately upon filing with the Department of State. 4. RESOLUTION APPROVING LOCAL LAW NO. 7-2022 At a meeting of the Village Board of the Village of Port Dickinson, held at Village Hall, 786 Chenango Street in said Village on the 12th day of July, 2022, the following resolution was offered and seconded:  WHEREAS, notice was given that the Village Board will hold a public hearing on July 12, 2022 at 6:00 p.m. for Local Law No. 7 of the year 2022 entitled “A LOCAL LAW AMENDING CHAPTER 65 OF THE VILLAGE CODE ENTITLED ‘ZONING’ REGARDING PARKING”; and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Village, and posted on the Village Clerk’s signboard; and WHEREAS, said public hearing was duly held July 12, 2022 at 6:00 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, pursuant to the State Environmental Quality Review Act (“SEQRA”), it has been determined by the Village Board that adoption of the proposed Local Law constitutes a Type II Action as defined under 6 NYCRR 617.5(26) and (33); and WHEREAS, the Village Board, after due deliberation, finds it in the best interest of the Village to adopt said local law. NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Port Dickinson hereby adopts said local law as Local Law No. 7 of 2022 entitled “A LOCAL LAW AMENDING CHAPTER 65 OF THE VILLAGE CODE ENTITLED ‘ZONING’ REGARDING PARKING” a copy of which is attached hereto and made a part hereof; and it is further RESOLVED that the Village Clerk be and hereby is directed to enter said Local Law in the minutes of this meeting and to enter said Local Law in the Local Law Book of the Village of Port Dickinson, and to give due notice of the adoption of said Local Law to the Secretary of State; and it is further RESOLVED that this resolution will take effect immediately upon filing with the Department of State. 5. RESOLUTION APPROVING LOCAL LAW NO. 8-2022 At a meeting of the Village Board of the Village of Port Dickinson, held at Village Hall, 786 Chenango Street in said Village on the 12th day of July, 2022, the following resolution was offered and seconded: WHEREAS, notice was given that the Village Board will hold a public hearing on July 12, 2022 at 6:01 p.m. for Local Law No. 8 of the year 2022 entitled “A LOCAL LAW AMENDING CHAPTER 24 OF THE VILLAGE CODE ENTITLED ‘BRUSH, GRASS AND WEEDS’”; and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Village, and posted on the Village Clerk’s signboard; and WHEREAS, said public hearing was duly held July 12, 2022 at 6:01 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, pursuant to the State Environmental Quality Review Act (“SEQRA”), it has been determined by the Village Board that adoption of the proposed Local Law constitutes a Type II Action as defined under 6 NYCRR 617.5(26) and (33); and WHEREAS, the Village Board, after due deliberation, finds it in the best interest of the Village to adopt said local law. NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Port Dickinson hereby adopts said local law as Local Law No. 8 of 2022 entitled “A LOCAL LAW AMENDING CHAPTER 24 OF  THE VILLAGE CODE ENTITLED ‘BRUSH, GRASS AND WEEDS’” a copy of which is attached hereto and made a part hereof; and it is further RESOLVED that the Village Clerk be and hereby is directed to enter said Local Law in the minutes of this meeting and to enter said Local Law in the Local Law Book of the Village of Port Dickinson, and to give due notice of the adoption of said Local Law to the Secretary of State; and it is further RESOLVED that this resolution will take effect immediately upon filing with the Department of State. 6. RESOLUTION APPROVING LOCAL LAW NO. 8-2022 At a meeting of the Village Board of the Village of Port Dickinson, held at Village Hall, 786 Chenango Street in said Village on the 12th day of July, 2022, the following resolution was offered and seconded: WHEREAS, notice was given that the Village Board will hold a public hearing on July 12, 2022 at 6:02 p.m. for Local Law No. 9 of the year 2022 entitled “A LOCAL LAW AMENDING CHAPTER 62 OF THE VILLAGE CODE ENTITLED ‘WATER’ REGARDING UNMETERED USE”; and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Village, and posted on the Village Clerk’s signboard; and WHEREAS, said public hearing was duly held July 12, 2022 at 6:02 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, pursuant to the State Environmental Quality Review Act (“SEQRA”), it has been determined by the Village Board that adoption of the proposed Local Law constitutes a Type II Action as defined under 6 NYCRR 617.5(26) and (33); and WHEREAS, the Village Board, after due deliberation, finds it in the best interest of the Village to adopt said local law. NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Port Dickinson hereby adopts said local law as Local Law No. 9 of 2022 entitled “A LOCAL LAW AMENDING CHAPTER 62 OF THE VILLAGE CODE ENTITLED ‘WATER’ REGARDING UNMETERED USE’” a copy of which is attached hereto and made a part hereof; and it is further RESOLVED that the Village Clerk be and hereby is directed to enter said Local Law in the minutes of this meeting and to enter said Local Law in the Local Law Book of the Village of Port Dickinson, and to give due notice of the adoption of said Local Law to the Secretary of State; and it is further RESOLVED that this resolution will take effect immediately upon filing with the Department of State. NEW BUSINESS/DISCUSSION: • Acknowledgement of Gary Campbell’s years of service as a Trustee and Planning Board Chairperson. ADJOURNMENT  VILLAGE OF PORT DICKINSON LOCAL LAW NO. 7 OF 2022 A LOCAL LAW AMENDING CHAPTER 65 OF THE VILLAGE CODE ENTITLED “ZONING” REGARDING PARKING Be it enacted by the Board of Trustees of the Village of Port Dickinson as follows: Section 1. Section 65-14 of the Village Code entitled “Off-street parking requirements” shall be re-titled, amended and replaced as follows: 65-14 Off-street parking and driveway requirements. (a) Each land user shall provide sufficient suitable on-site parking spaces with necessary ingress and egress to said spaces, as required by this chapter, in order to prevent any necessity for off-site parking. The number of parking spaces required is set forth in the Schedule of Zoning Regulations. (b) On-site parking spaces shall be allowed only within an appropriate structure, or on asphalt, concrete, or other similar material. No on-site parking shall be permitted on lawn or open areas covered by grass, dirt, gravel, or similar substance. In addition, on-site parking is prohibited in front of a dwelling unit, and between a dwelling unit and an adjacent street. (c) Driveways shall provide ingress and egress to on-site parking spaces. Driveways shall only be allowed on asphalt, concrete, or other similar material. No driveway shall be permitted on lawn or open areas covered by grass, dirt, gravel, or similar substance. Driveways are prohibited in front of a dwelling unit, and between a dwelling unit and an adjacent street. In addition to the aforementioned requirements, the width of a driveway shall not exceed the total width of the doors of a structure to which the driveway leads, plus five (5) feet, or in the event there is no structure for parking on the premises, twenty (20) feet. Section 2. Section 65-33A of the Village Code entitled “Driveways” shall be deleted in its entirety. Section 3. Separability The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 4. Repealer All Ordinances, Local Laws and parts thereof inconsistent with the Local Law are hereby repealed. Section 5. Effective Date This local law shall take effect upon filing with the New York Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.  VILLAGE OF PORT DICKINSON LOCAL LAW NO. 8 OF 2022 A LOCAL LAW AMENDING CHAPTER 24 OF THE VILLAGE CODE ENTITLED “BRUSH, GRASS AND WEEDS” Be it enacted by the Board of Trustees of the Village of Port Dickinson as follows: Section 1. Section 24-4A of the Village Code entitled “Compliance” shall be amended as follows Delete: “ten (10) days” and Replace with: “seven (7) days” Section 2. Separability The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 3. Repealer All Ordinances, Local Laws and parts thereof inconsistent with the Local Law are hereby repealed. Section 4. Effective Date This local law shall take effect upon filing with the New York Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.  VILLAGE OF PORT DICKINSON LOCAL LAW NO. 10 OF 2022 A LOCAL LAW AMENDING CHAPTER 22 OF THE VILLAGE CODE ENTITLED “ANIMALS” Be it enacted by the Board of Trustees of the Village of Port Dickinson as follows: Section 1. Section 22-3(B) of the Village Code entitled “Restrictions” shall be amended as follows Delete: “or unless accompanied by its owner or a responsible person able to control the pet” Section 2. Separability The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 3. Repealer All Ordinances, Local Laws and parts thereof inconsistent with the Local Law are hereby repealed. Section 4. Effective Date This local law shall take effect upon filing with the New York Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Village Water Consumption for : Jun-22 Read dates: Binghamton meter Fenton Large Fenton Small 6/30/2022 5010 30003864 5826209 6/2/2022 489 29380443 5737902 Usage 4521 623421 88307 Total cubic ft: 716249 __________________________________________________________________________________ Read dates: Town of Fenton Sewer Readings 6/30/2022 52506700 Rate: 1.15x.01 6/2/2022 52442600 cu. Ft/min Time: 8:00am Total 64100 cu. ft. __________________________________________________________________________________ Wayne Read dates: Ave. sewer station readings (hours): Pump1 Pump 2 Pump 3 6/30/2022 6533 19286 17724 6/2/2022 6513 19271 17700 Totals 20 15 24 Total hrs. 59  The Village of Port Dickinson Department of Police Scot McDonald, Chief of Police Police Department Monthly Report Report Month: June Police Commissioner: Trustee J. DeGennaro Report Year: 2022 Chief: Scot McDonald Report Date: 07/06/2022 Deputy Village Clerk: Corina M. Beames Total Complaints Received:78 (90) Med calls-8 Forgery/fraud-1 Lift assist-1 Harassment-1 Escort-1 911 hang up-3 Property checks-4 Brush fire-1 Check welfare-6 Assistance rendered-6 Dispute-1 Domestic-1 MVA/injury-1 Transport-1 MVA/PD-1 Unattended death-1 Open door-1 Suspicous-7 Person annoying-1 DV-4 Noise-2 Wires down-1 Miscellaneous-24*Includes Assist other agencies, Lockouts, Alarms, Parking Comp., Animals, Traffic lights, Information, code enforcement, special details, vacant properties , and Etc. Penal law charges-0(0)  Report of the ALARMS RESPONSE TIMES CHIEF Fire 14 Avg Members Response (F) 2.69 Med Avg 3 June 2022 EMS 10 Avg Alarm to Response 4.00 0700-1500 11 Standby Avg Alarm to Arrival 7.38 1500-2300 10 Total 24 Total Time in Service (hh:mm) 9:15 2300-0700 3 MUTUAL AID LOCATION DOLLAR LOSS/VALUE Given 8 Village of Port Dickinson 12 Fire Loss Received 3 Town of Dickinson 6 Property Engine 94 Town of Fenton 6 Saved No Tone Town of Chenango Town of Kirkwood City of Binghamton Othe Alarms r CASUALTIES YTD Fire Service Injured 0 1 Fire Service Death 0 Civilian Injured 0 5 Civilian Death 0 YT CODE DESCRIPTION CODE DESCRIPTION YTD D 111 Building Fire 5 651 Smoke Scare, Odor of Smoke 1 4 114 Chimney Fire 1 700 False Call, False Alarm, Other 2 4 Alarm Activation - 142 Brush Fire 1 2 735 1 Malfunction 150 Outside Rubbish Fire 1 745 Alarm Activation - Unintentional 1 6 311 Medical Assist, Assist EMS 1 2 746 CO Alarm Activation, No CO 1 5 320 Emergency Medial Service 7 34 800 Severe Weather, other 2 321 EMS Incident, Except MVA 3 8 813 Windstorm Assessment 3 322 MVA w/ Injury 1 2 Vehicle vs Pedestrian 323 1 Accident 355 Confined Space Rescue 1 1 412 Gas Leak (NG or LPG) 1 424 Carbon Monoxide Incident 1 444 Power Line Down 2 4441 Phone/Cable Line Down 1 7 445 Arcing electrical equipment 1 520 Water Problem, other 1 571 Standby/Moveup 8 Dispatched, canceled 11 611 4 16 TOTAL 24 enroute 9 Report of the Chief  Trainin June 2022 Average Total g Member SUMMARY Hours Man s Offered Present Hours June 21 4.875 102 YTD Totals 89 5.34 540 Non Department 35 Training 24 24 TRAINING Trainin Total g Member Hours Man s Wk Date Lesson Offered Present Hours 6/4/2022 Hillcrest Booster Days Detail 4 4 16 6/5/2022 EMR Course 4 5 20 6/6/2022 Hose Testing 2 5 10 6/13/202 Monthly Truck Checks 1 4 4 2 6/13/202 Monthly Meeting 14 2 6/18/202 EMR Course - Final Day 4 5 20 2 6/15/202 PD School Summer Days 2 6 12 2 6/20/202 Hose Testing 2 5 10 2 6/27/202 Station and Vehicle Maintenance 2 5 10 2 6/30/202 Truck Company Ops - NYS Class all 24 1 24 2 month