Lyons Village Board – July 10, 2012

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. 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 suggested 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 suggested that the landlord’s lease only be month- to- month instead of a year’s 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.
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. The Village 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.
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 Assessor’s 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.

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 the Village. 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.
Williams, stated he will work on a Local Law to prohibit permits for alcohol in the Village Parks.
Authorization was 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.
Authorization was 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.
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.
Authorization was 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.
Permission was granted for the Clerk-Treasurer and any members of the Village Board to attend NYCOM’s Fall Training School in Lake Placid, New York, September 10th – September 14th with expenses reimbursed by the Village of Lyons.
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. Authorization was granted for Lyons National Bank to be awarded the $750,000 Consolidation Bond Anticipation Note at an interest rate of 1.48%.
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 delegate’s vehicles as part of the Synod that would be placed in their dashboard.
The Village of Lyons supported the request.
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. Permission was granted for the Village of Lyons Department of Public Works to assist with the picnic tables, garbage cans and the barricades for this weekend’s Peppermint Days Festival.
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 the village 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. 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 was passed.
Mayor Kleisle reviewed the quote from Jamko for municipal sewer cleaning and televising. The quote from Jamko for a CCTV Inspection –Drain Pipe 8’ 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.
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 Fireman’s Field. All expenses to be borne by the Village of Lyons. Authorization was granted for Michael Salerno to attend the NYCOM’s Public Works School, October 22nd- October 24th in Canandaigua. All expenses to be borne by the Village of Lyons.
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 suggested 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 Mack’s 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 not to repair the car and have the car taken out of service and declared surplus.
The 2000 Crown Vic K-9 car was declared surplus and Michael Salerno, General Working Foreman, strip the car.
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.
A hearing was scheduled for August 14, 2012, at 6:00 P.M. at the Village Hall for the residents at 39 Shuler Street.
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.
Authorization was granted for the Village Board, Zoning Board of Appeals and the Planning Board to attend NYCOM’s 2012 Summer School in Fairport on August 3, 2012. All expenses to be paid by the Village of Lyons.
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. The quote was 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.
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.

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