City Council

1 VILLAGE OF PORT DICKINSON Village Board Meeting Agenda May 9, 2023 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: APPROVAL OF MINUTES: April 11, 2023 meeting PUBLIC PARTICIPATION: TREASURER’S REPORT: AUDIT & PAYMENT OF CLAIMS #20 (2022-2023) 1. Abstract of Unaudited vouchers for the General Fund for $13,869.73 2. Abstract of Unaudited vouchers for the Water Fund for $17,093.20 3. Abstract of Unaudited vouchers for the Sewer Fund for $63.52 AUDIT & PAYMENT OF CLAIMS #21 (2022-2023) 1. Abstract of Unaudited vouchers for the General Fund for $27,768.81 2. Abstract of Unaudited vouchers for the Water Fund for $565.16 3. Abstract of Unaudited vouchers for the Sewer Fund for $189.00 COMMUNICATIONS: 1. Certificate of Insurance for Weathermaster Roofing Co Inc 2. Certificate of Insurance for Binghamton Slag Roofing 3. Certificates of Liability and Workers Comp Insurance for Johnsons Pools & Spas 4. Certificate of Liability Insurance for Kathleen Calvey, Spirit Song Yoga TRUSTEE-COMMISSIONER REPORTS: Administration/Community Association – Robert Warholic, Trustee Public Works – Michael Cashman, Trustee Planning – Public Safety – James DeGennaro, Trustee Parks, Water & Sewer – Robert Moss, Trustee Water/Sewer: $2945.03 was relevied to 2023-2024 Village taxes Zoning Board of Appeals – none OLD BUSINESS: 1. Short term housing rentals  2 RESOLUTIONS FOR APPROVAL: 1. Resolution declaring all Fire Department old radio system equipment- 20 pagers, 15 portable radios, 5 mobile radios as surplus. 2. Resolution authorizing the Mayor to sign the Tax Collector’s Warrant 3. Resolution scheduling a Public Hearing on 6/13/23 at 6:00PM Proposed Local Law 3-2023, A LOCAL LAW AMENDING CHAPTER 62 OF THE VILLAGE CODE ENTITLED “WATER” TO REQUIRE CONNECTION TO THE WATER SYSTEM AND TO PROHIBIT PRIVATE WELLS 4. Resolution scheduling a Public Hearing on 6/13/23 at 6:00PM on Proposed Local Law 4-2023, A LOCAL LAW AMENDING SECTION 65-36 OF THE VILLAGE CODE REGARDING FEES AND COSTS NEW BUSINESS/DISCUSSION: 1. Request by Binghamton PreCast for change in reviewing Engineer for their pending project. 2. FOIL request from 10 Beacon St. ADJOURNMENT  3 VILLAGE OF PORT DICKINSON LOCAL LAW NO. 3 OF 2023 A LOCAL LAW AMENDING CHAPTER 62 OF THE VILLAGE CODE ENTITLED “WATER” TO REQUIRE CONNECTION TO THE WATER SYSTEM AND TO PROHIBIT PRIVATE WELLS Be it enacted by the Board of Trustees of the Village of Port Dickinson as follows: Section 1. A new Section 62-17 of the Village Code entitled “Water Connection Required Where Available” shall be added as follows: 1. Owners or occupants of any and all property fronting or abutting on any street or portion thereof in or upon which any public water main or distributing pipe has been laid shall be required to make and lay connection pipes to and from the water mains or distributing pipes in said street or any portion thereof in front of each separate piece of property within such time and in such manner and under such inspection as the Village shall prescribe, and whenever any such owner or occupant shall have made default in making such connections with said water mains or distributing pipes opposite the lands and premises owned or occupied by him as directed in and required by said printed notice therefor in the manner and within the time specified, the Village shall have power and authority to so make, extend and complete the same and the actual expense thereof, including all labor done and materials used in doing and completing the same, shall be assessed by the Village upon each separate piece of property opposite or upon which the same shall be done and completed and shall be a lien and liens on said premises and lots of land respectively, and the same shall be collected in the same manner as other local assessments or assessments for local improvements as provided by the general village laws of the State of New York, and when so collected the amount thereof shall be paid into the water fund of the village. 2. Private wells are hereby prohibited where connection to the public water system is required pursuant to subsection one hereof. 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.  4 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.  5 VILLAGE OF PORT DICKINSON LOCAL LAW NO. 4 OF 2023 A LOCAL LAW AMENDING SECTION 65-36 OF THE VILLAGE CODE REGARDING FEES AND COSTS Be it enacted by the Board of Trustees of the Village of Port Dickinson as follows: Section 1. Section 65-36 of the Village Code entitled “Permit fees” shall be amended as follows: § 65-36. Permit fees. Permit fees for building permits, use and area variance applications, special permits, and site plans shall be set by resolution of the Village Board. Section 2. A new Section 65-36.1 of the Village Code entitled “Reimbursement for Professional Consultants” shall be amended as follows: § 65-36.1. Reimbursement for Professional Consultants. I. Responsibility for costs A. The Village of Port Dickinson's Village Board, Planning Board, Zoning Board of Appeals, and Code Enforcement Officer, in the review of any application pending before said Boards or Code Enforcement Officer, may refer such application to such engineering, planning, legal, technical or environmental consultant, or professional(s) employed by the Village as employees or consultants, as such Boards shall deem reasonably necessary to enable it to review such application as required by law. B. The applicant shall be responsible for the cost of such consultant services. C. Charges made by such consultants shall be in accord with charges usually made for such services in the Broome County, New York region or pursuant to an existing contractual agreement between the Village and such consultant. Charges made by the Village shall be in accord with the hourly rates upon which the Village employs such consultant(s), including fringe benefits and reasonable overhead. However, the applicant will not be charged for the following services rendered by professionals employed by the Village: (1) Review by the Village Engineer of preliminary design plans submitted by the applicant and, if required, the second set of design plans and preparation of necessary reports relative thereto. (2) Preparation by the Village Attorney of any required public notices regarding said application. (3) Attendance by the Village Engineer and Village Attorney at any regular or special public meetings of the Village Board, Planning Board or Zoning Board of Appeals.  6 D. The Village Treasurer shall refund to the applicant the amount deposited pursuant to § 65-36.1, less any sums expended by the Village to engage the services of attorneys, engineers, and other qualified professionals to provide assistance to the Village's Boards relating to said project (hereinafter the "professional review fees"), excluding those referred to in Subsection C(1), (2), and (3) of this section, unless the applicant fails to obtain any necessary permits for said project within one year from the date of final approval by the Board(s) having jurisdiction over the project. E. In the event that an application is required to be reviewed by more than one Board, or a Board and the Code Enforcement Officer, to the extent practicable, the Boards and Code Enforcement Officer shall use the same consultant, who shall, to the extent practicable, prepare one report providing data, information and recommendations requested. Wherever practicable, duplication of consultants' reports or services shall be avoided to minimize the cost of such consultants' reports or services to the applicant. The above fees are in addition to any and all other fees required by any other law, rule or regulation. II. Escrow accounts. A. At the time of submission of any application that will require professional review services, an escrow account shall be established, from which withdrawals shall be made to reimburse the Village for the costs of said professional review services. The applicant shall provide funds to the Village for deposit into such account in an amount to be determined by the reviewing Board or Code Enforcement Officer, as applicable, with the advice and recommendation of the Village Engineer, Code Enforcement Officer and Stormwater Management Officer, as appropriate, based on the nature and complexity of the application, using the following schedule as a general guideline, with the decision of the reviewing Board or Code Enforcement Officer, as applicable, to be final and conclusive on the applicant: (1) For one- and two-family residential projects, no fee shall be charged and no escrow deposit shall be required, unless a stormwater pollution prevention plan is necessary. If a stormwater pollution prevention plan is required for such a project, an escrow deposit shall be required at 1% of the total project value. The total project value shall be calculated by the actual purchase price of the land or the fair market value of the land (determined by assessed value divided by equalization rate), whichever is higher, plus the cost of all required site improvements, not including the cost of buildings and structures, as determined with reference to a current cost data publication in common use. (2) For three or more family residential projects, the escrow deposit shall be 1% of the total project value. The total project value shall be calculated by the actual purchase price of the land or the fair market value of the land (determined by assessed value divided by equalization rate), whichever is higher, plus the cost of all required site improvements, not including the cost of buildings and structures, as determined with reference to a current cost data publication in common use. (3) For commercial and industrial construction projects, the escrow deposit shall be 1/4 of 1% of the total project value. The total project cost shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed value divided by equalization rate), whichever is higher, plus the cost of supplying utility service to the project, the cost of site  7 preparation and the cost of labor and material, as determined with reference to a current cost data publication in common use. (4) For projects involving the extraction of minerals, the escrow deposit shall be 1% of the total project value. The total project value shall be calculated on the cost of site preparation for mining. Site preparation cost means cost of clearing and grubbing and removal of over-burden for the entire area to be mined plus the cost of utility services and construction of access roads. Such costs are determined with reference to a current cost data publication in common use. For those costs to be incurred for phases occurring three or more years after insurance of a permit, the value of project value shall be determined using a present value calculation. (5) At the discretion of the reviewing Board or Code Enforcement Officer, as applicable, for projects governed by Subsection A(2), (3) and (4), an additional escrow amount shall be deposited to cover the expense of reviewing a stormwater pollution prevention plan, if one is required. The amount of such additional escrow amount shall be up to 1% of the total project value, as defined in the applicable subsection, to be determined at the reviewing Board or Code Enforcement Officer’s discretion. B. The applicant shall be provided with copies of any voucher for such services as they are submitted to the Village. The professionals employed by the Village shall report monthly to the Village Treasurer as to the monetary value of their services rendered on each project. C. When the balance in such escrow account is reduced to 1/3 of its initial amount, the Village Treasurer shall advise the applicant and the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing Board or Code Enforcement Officer may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. D. A building permit or other permit being sought shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Village from said escrow account. E. All fees required pursuant to this article shall be collected by the Village Treasurer. F. This article shall be applicable to applications pending at the time it shall become effective, unless the reviewing Board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this article shall be applicable to a pending application, it shall, in such event, require an applicant only to pay for professional fees for the services rendered after it shall have become effective. Section 3. Separability  8 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.  9 Village Water Consumption for : Apr-23 Read dates: Binghamton meter Fenton Large Fenton Small 5/1/2023 6223 35575288 6838933 3/31/2023 6223 35340569 6725243 Usage 0 301488 97430 Total cubic ft: 398918 __________________________________________________________________________________ Read dates: Town of Fenton Sewer Readings 3/31/2023 53375900 3/31/2023 53305400 Total 70500 cu. ft. __________________________________________________________________________________ Read dates: Wayne Ave. sewer station readings (hours): Pump1 Pump 2 Pump 3 5/1/2023 6769 19744 17828 3/31/2023 6748 19679 17828 Totals 21 65 0 Total hrs. 86  10 The Village of Port Dickinson Department of Police Scot McDonald, Chief of Police Police Department Monthly Report Report Month: March Police Commissioner: Trustee J. DeGennaro Report Year: 2023 Chief: Scot McDonald Report Date: 04/17/2023 Deputy Village Clerk: Corina M. Beames Total Complaints Received:70 (79) Med calls-4 Building checks-3 PDFD-2 Check welfare-5 Fight-1 Domestic-1 Dispute-2 Mental health-1 Suspicious-3 MVA(PD)-1 Persons annoying-1 Assistance rendered-2 DV-2 Civil matter-1 911 hang up-1 Miscellaneous-42*Includes Assist other agencies, Lockouts, Alarms, Alternate street Parking warnings and tickets., Animals, Traffic lights, Information, code enforcement, special details, vacant properties , and Etc. Penal law aresst-1  11 The Village of Port Dickinson Department of Police Scot McDonald, Chief of Police Police Department Monthly Report Report Month: April Police Commissioner: Trustee J. DeGennaro Report Year: 2023 Chief: Scot McDonald Report Date: 05/02/2023 Deputy Village Clerk: Corina M. Beames Total Complaints Received:46 (70) Med calls-1 Assist PDFD-3 Burglary-1 Check welfare-6 Civil matter-2 Domestic-1 Dispute-1 Disturbance-1 Mental health-2 Suspicious-4 Police information-2 Found property-4 Persons annoying-3 Assistance rendered-1 Shots fired(non-econ)-1 Court warrant service-1 911 hang up-1 Miscellaneous-10*Includes Assist other agencies, Lockouts, Alarms, Alternate street Parking warnings and tickets., Animals, Traffic lights, Information, code enforcement, special details, vacant properties , and Etc.  12 Report of the Chief April 2023 Training Average Total SUMMARY Hours Members Man Offered Present Hours April 6 7 36 YTD Totals 28 6.635 195 Non Department 35 Training YTD 8 31 TRAINING Training Total Hours Members Man Wk Date Lesson Offered Present Hours Quarterly Truck Checks/Vehicle 4/3/2023 2 7 14 Maintenace 4/10/2023 Monthly Meeting 10 0 4/12/2023 LDH Hose Testing 8 2 16 4/17/2023 Tour of BC Dispatch Center 2 7 14 4/24/2023 Small Diameter Hose Testing - Rack 2 4 8 Report of the ALARMS RESPONSE TIMES CHIEF Fire 16 Avg Members Response (F) 2.29 Med Avg 1 April 2023 EMS 1 Avg Alarm to Response 7.20 0700-1500 5 Avg Alarm to Arrival 11.10 1500-2300 11  13 Total 17 Total Time in Service (hh:mm) 6:45 2300-0700 1 MUTUAL AID LOCATION DOLLAR LOSS/VALUE Given 10 Village of Port Dickinson 5 Fire Loss Received 4 Town of Dickinson 4 Engine 94 Town of Fenton 7 Property Saved No Tone Town of Chenango 1 Town of Kirkwood City of Binghamton Alarms Other CASUALTIES YTD Fire Service Injured 0 Fire Service Death 0 Civilian Injured 0 Civilian Death 0 CODE DESCRIPTION YTD CODE DESCRIPTION YTD 111 Building Fire 440 Electrical/Wiring Problem 2 2 114 Chimney Fire 444 Power Line Down 131 Passenger Vehicle fire 4441 Power/Cable Line Down 142 Brush Fire 3 3 445 Arcing electrical equipment 1 1 150 Outside Rubbish Fire 520 Water Problem, other 1 212 Overpressure Steam Boiler 550 Public Service Assistance 311 Medical Assist, Assist EMS 1 571 Standby/Moveup 1 1 EMS Incident, No Dispatched, Canceled 3001 10 611 3 8 Response enroute Smoke Scare, Odor of 321 EMS Incident, Except MVA 3 651 Smoke False Call, False Alarm, 322 MVA w/ Injury 700 Other 323 Vehicle vs Ped Accident 714 False Alarm - Malicious Alarm Activation - 324 MVA w/out Injuries 735 1 Malfunction 350 Rescue/Extrication, other 740 Unintentional Alarm 1 2 355 Confined Space Rescue 745 Alarm Activation - Unintentional 2 5 4001 Tree down, no wires 1 1 746 CO Alarm Activation, No CO 412 Gas Leak (NG or LPG) 800 Severe Weather, other 4121 Gas Leak, no leak found 1 1 813 Windstorm Assessment 424 Carbon Monoxide Incident 2 2 TOTAL 17 42