REGULAR MEETING
VILLAGE OF CANDOR BOARD OF TRUSTEES
138 MAIN STREET, CANDOR, NY
August 2, 2011
The regular meeting of the Village of Candor Board of Trustees was called to order on August 2, 2011, by the Honorable Mayor Steven Sparling at the Village Hall, 138 Main Street, Candor, NY, at 6:30 pm.
Those in attendance included Trustees Gary Consalvi, Mike Swartz, Chris Brown, and Nancy King; Clerk Jan Swartz; Deputy Clerk Jean Dewey; Attorney Kurt Schrader; Roy Yarrington; and Jesse Disbrow, reporter for The Candor Chronicle.
Bicentennial Tree – Roy Yarrington discussed the possibility of planting a bicentennial tree in honor of Candor’s 200th birthday. He indicated that he would like the Village to consider donating toward its purchase, but that he hasn’t yet had conversation with the Town Board regarding the tree and its location. He felt that October 26th would be a good time to plant it as it was the Historical Society’s last fall meeting. Some discussion ensued. Roy left the meeting at 6:38 pm.
Minutes – A motion was made by Trustee Swartz, seconded by Trustee Consalvi, to approve the minutes of the July 19th meeting as presented. A vote was taken and Trustees Swartz, Consalvi and Brown voted aye. Trustee King abstained. The motion was approved and carried.
Paving Quotes – Suit- Kote submitted a quote with separate cost estimates for Humiston Street, Maiden Lane, and the upper section of Water Street. Mayor Sparling attended a Town Board meeting and learned that Suit- Kote will be doing work for the Town during the second or third week of September. Discussion followed. Humiston Street is a priority for repaving and the Town has agreed to help with trucking, grading, equipment and manpower. A motion was made by Trustee Consalvi, seconded by Trustee Brown, to accept the bid as submitted by Suit- Kote, for a total of $14,105.45 ($9,323.58 for Humiston Street; $3,127.53 for Water Street; and $1,654.34 for Maiden Lane). A vote was taken and Trustees Consalvi, Brown, King and Swartz voted aye. The motion was approved and carried. Mayor Sparling will notify Kevin Noble and Trustee Consalvi will contact Suit- Kote.
Ward’s Well – Attorney Schrader entered into discussion regarding ownership of the property on which Ward’s Well is located. He had a copy of a 2000 survey done by George Williams showing the property that is owned by the Village is 2 rods x 3 rods, which is considerably smaller than the recommended 100’ radius needed for well head protection. Attorney Schrader has asked Cheryl Sacco, attorney for the Candor Fire District, to determine whether the fire district will allow a protection easement for the Village for the necessary well head protection area.
Valve Locator – The valve locator that Marvin accidentally drove over is irreparable and the Village’s other two locators are in Ithaca. Because Marvin wasn’t at the meeting, it was unknown when or if the locators will be returned to the Village. Three quotes for a replacement locator were submitted and discussion followed. Tabled.
Morgan-Stanley Class Action Suit – Deputy Clerk Jean Dewey gave Attorney Schrader documents regarding a class action lawsuit against Morgan-Stanley for his review and opinion.
Moyer Park – The mulch pile owned by the emergency squad which was to have been removed by July 24th, is still at Moyer Park. A small portion appears to have been taken, but the bulk of it remains.
Excavation Work – Doug Kirk has completed his portion of the excavation work at the Morrow Pump House, and NYSEG is waiting for the pad to be poured, at which time they can re-inspect the area. Attorney Schrader brought a contract for the Village to sign from Legursky & Sons for the installation of the heater. Trustee Brown, Mayor Sparling and Marvin Roberts will meet with Joe Rosati to make sure the pad is going to be in the correct location. Work is anticipated to begin the week of August 15th.
Exposed Water Line – The exposed water line on Reservoir Hill at Kislowski’s hasn’t been repaired yet, and the Board still wants Marvin to submit a timetable for that project.
Stowell Avenue Tree – The dead tree in front of 27 Stowell Avenue has been removed by Tri-County Tree Service.
Volunteer Workers – Coverage for volunteer workers is by the County if the worker has been assigned by the Probation Department. If the worker is from any other entity, Village or Town Courts, or self-volunteers, for example, the responsibility would likely be the Village’s.
ATV Signs – Marvin has possession of the ATV signs, but they haven’t yet been installed.
Crimson Court – Attorney Schrader will contact NYCOM to determine if they have an opinion regarding a private individual re-selling Village water at a profit.
Critical Environmental Area – Steve Winkley, Source Water Protection Specialist from the NY Rural Water Association, has suggested forming a critical environmental area, which would require the area to be within the Village boundaries, rather than within the actual water customer area. It would require a SEQR and possibly a public hearing to create such an area; Mayor Sparling would like to begin the process soon. A special meeting with Attorney Schrader to review the SEQR process for well head protection was then scheduled for August 9th at 5:30 pm at the Village Hall.
175 Owego Street – A dumpster has been delivered to Wright’s property at 175 Owego Street.
Moratorium on Well Drilling – As the current moratorium on well drilling within the Village will expire on August 19th, 2011, Trustee Consalvi requested that it be placed on the agenda for the August 16th meeting for further consideration.
20 Bank Street – Sarah Misson would like the Village to remove the tree located in front of her house at 20 Bank street. The tree was inspected and determined that it’s still alive and bearing leaves, and that there are many other trees that need to be removed before this one. A letter indicating same will be sent to Sarah.
17 Church Street – A dead hard maple tree located in front of 17 Church Street has been scheduled for removal. A motion was made by Trustee Consalvi, seconded by Trustee King, to approve $350 for the removal of the tree. A vote was taken and Trustees Consalvi, King, Swartz and Brown voted aye. The motion was approved and carried.
Computel Consultants – Discussion was held regarding having Computel Consultants audit Village accounts such as NYSEG and Frontier Cable for overpayments, and Time Warner Cable for underpayments of franchise fees. Computel charges nothing if no recovery is made, and their fee is 45% of any recovered fees. A motion was made by Trustee Consalvi, seconded by Trustee Swartz to have Computel audit the accounts. A vote was taken and Trustees Consalvi, Swartz, King and Brown voted aye. So moved.
TRUX Outfitter Quote – A quote of $1,273 was received from TRUX Outfitter for repairs to the snow plow, and a quote of $3,999 for a new plow. Discussion ensued. Mayor Sparling agreed to contact TRUX to find out if it was a “must have” repair or whether it could wait.
Order to Remedy Violation – An order to remedy violation was issued to Brandon and Amber Herman at 48 Water Street due to the large amount of trash, wood and garbage that has accumulated around their property, blocking the water meter and making it impossible for Marvin to obtain a water meter reading.
Court Clerk Conference – Lynn Craig submitted a request to attend the annual fall conference for court clerks (September 25-28, 2011) in Niagara Falls. She will split the cost with the Town, making the Village’s cost $307.00. A motion was made by Trustee Consalvi, seconded by Trustee Swartz, to approve Lynn’s attendance at the conference on the above-noted dates for a cost to the Village of $307.00. A vote was taken and Trustees Consalvi, Swartz, Brown and King voted aye. The motion was approved and carried. It was then requested that Lynn report back to the Board after she returns to discuss some of the items that were on the conference agenda.
Water Shut Off Form – A new form to denote a listing of water customers scheduled for shut off due to lack of payment was reviewed by the Board. After discussion, it was decided the Board would like to have further time to work on the form, and a decision will be made at the next meeting.
Additional Water Penalty – A suggestion to assess a penalty to water customers who fail to pay their water bill, but are unable to be shut off due to the shut off being buried under the road, for example, or for other reasons, was evaluated. After some discussion, Trustee Brown indicated she wanted to review the water regulations further before making a decision.
Rockwell Leak – A leak was being repaired by Marvin at 150 Owego Street and a new shut off installed. Mayor Sparling noted that Marvin and Ryan Tubbs were working on private property.
Water Leaks – Discussion was held regarding water leaks that occur on private properties and residents contacting the Village Water Department to make the repairs. It was noted that pursuant to the Candor Water Department’s Water Regulation Manual, the property owner will own responsibility from the shut-off to the dwelling and all costs associated with it, which would absolve the Village from any liability involved in making the necessary repairs. A notice indicating same will be included in the August water billing.
Bicentennial Tree – Discussion was held and the Board was agreeable to donating something toward the purchase of a bicentennial tree, but will wait until Roy Yarrington has further information to make a firm decision as to the amount to which they want to commit.
Rt. 96 Bridge Meeting – A letter was received from NYS DOT advising of a public meeting regarding the Route 96 bridge (the "lower" bridge) which passes through the Village will be held on August 11th at the high school auditorium at 7:00 pm. There are three alternatives to the project: continued maintenance; bridge replacement on the existing alignment; or bridge replacement on a new alignment.
Broome & Tioga Counties Auction – The auction will be held on Saturday, September 24th, on Route 12 in Binghamton at the Broome County Highway Garage. Discussion followed. It was suggested the electric heaters from the pump houses could possibly be sent to the auction.
There being no further business, the meeting adjourned at 8:10 pm.
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