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TOWN OF VIENNA REGULAR TOWN MEETING MINUTES
September 6, 2023 PRESENT: Supervisor Michael M. Davis Sr., Councilman Jason Spellicy Councilman Darrin Smith, Highway Superintendent Clayton Conover, Jr. Town Clerk Patricia Cook, Deputy Town Clerk Kathy Pavelock, Constables Hite and Eyre Absent: Councilman Jason C. Lamb, One vacancyCALL TO ORDER:
Supervisor Davis called the meeting to order at 7:00PM with the Pledge of Allegiance. Prior to beginning with the agenda, Supervisor Davis explained that the board had interviewed 5 residents interested in filling the vacant council seat for the remainder of the year. Councilman Spellicy made a motion to appoint Douglas Jordan to fill the vacant council seat. Seconded by Councilman Smith.Motion carried. Voting Record:
Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Council vacant seat n/a Supervisor Davis Aye Following the approval of the motion, Douglas Jordan was sworn in as Councilman Jordan.NORTHERN ONEIDA CO. COUNCIL OF GOVERNMENTS (NOCCOG): Lisa
Fall training for the New York State Conference of Mayors is scheduled for September 18-22, 2023 in Lake Placid. The Assoc. of Towns has a budgeting and accounting training class on September 26-27 in Glenfield. The Tug Hill Commission will celebrate 50 years at the annual dinner on October 19 in Altmar. The statewide conference on local bridges will be held October 24-26 in Albany. The Annual Land Use Training Workshop will be on September 27 in Lowville. The NOCCOG Executive Committee meeting will be held September 21 in Barneveld. See the NOCCOG September Announcements available from the Town Clerk.COUNTY LEGISLATOR: NORM LEACH …
The county has approved $2.5 million for the Oswego Road bridge decking. The county was removing asbestos from the county office building and found a time capsule from 1969-1970. The fire department volunteer exemption should be arriving soon for legislator approval. The Mohawk Valley Health System has purchased the Utica Kennedy Parking garage for additional parking. There were no questions for Norm.APPROVAL OF MINUTES:
Councilman Spellicy made a motion to approve the August 2, 2023 Regular Town Meeting Minutes. Seconded by Councilman Smith.Motion carried. Voting Record:
Councilman Jordan Abstain Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Supervisor Davis AyeAUDITED VOUCHERS:
A motion was made by Councilman Smith and seconded by Councilman Spellicy to approve the September audited vouchers. September vouchers cover voucher #348 thru voucher #394 in the amount of $117,672.02. Motion carried. Voting Record: Councilman Jordan Abstain Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Supervisor Davis AyeDEPARTMENT REPORTS:
The Supervisors Report for the month of August 2023 is complete and is on file in the clerk’s office. Deputy Town Clerk Pavelock read the Town Clerk’s Report for the month of August. A motion was made by Councilman Spellicy and seconded by Councilman Smith to approve the August Town Clerk’s Report. Motion carried. Voting Record: Councilman Jordan Aye Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Supervisor Davis Aye All other department reports are on file in the Town Clerk’s office. Highway Superintendent Clayton Conover provided a verbal report with a status of the tree work. Two additional trees will need to be taken down. The 2017 Kubota currently has mechanical problems. Supervisor Davis announced that since we were on the subject of the Highway Department, we should open the Sand Bids listed on the agenda under New Business(bids opened starting at 7:15 pm):McConnellsville Sands & Materials, Inc.
Screened ice control material (sand per Oneida Co. Hwy DPW Specifications) $6.95 per yard loaded into Town of Vienna trucks at the company’s sand pit on Route 13. An additional $8.00 per yard charge for delivery by company trucks.Preston Hill Gravel, Inc.
Ice control material, specifically road sand, $6.00 per yard for pick up at 8566 Preston Hill Road. K. Duda Trucking & Excavating provided a hauling bid from Preston Hill Sand & Gravel to the Town of Vienna Maintenance Facility storage area of $4.00 per yard. Superintendent Conover stated he prefers Preston Hill due to past experience with quality of material. The Town Council prefers to have the material delivered to save wear on town trucks. Councilman Smith made a motion to accept the bid for ice control material from Preston Hill Gravel for $6.00 per yard with K. Duda Trucking for an additional $4.00 per yard. Motion was seconded by Councilman Jordan. Motion carried. Voting Record: Councilman Jordan Aye Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Nay Supervisor Davis Aye A copy of all bids is filed in the Town Clerk’s office.Council Reports.
Councilman Smith had nothing to report but asked about the status of the Town Clerk Office Audit. Supervisor Davis stated they are waiting for a date from the auditors. Supervisor Davis reported that resident Brianne Hand has offered to paint the town sign located in front of the town hall. The Highway Department will deliver the sign to Brianne’s residence. Ms. Hand will save receipts for reimbursement.UNFINISHED BUSINESS:
Town Hall Security – Volney Multiplex has provided a quote of $8,638 for an upgrade to the Highway Garage Security/ Alarm System. ARPA funds will be used for this project. The company requires 50% upfront with the remaining 50% upon completion. Supervisor Davis made a motion, seconded by Councilman Spellicy to spend $8,638 with Volney Multiplex to upgrade the Highway Garage Security/Alarm System. Motion carried. Voting Record: Councilman Jordan Aye Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Nay Supervisor Davis Aye A copy of the quote is filed in the Town Clerk’s Office. Water District Extension – Supervisor Davis reported that the engineering firm is rehashing the numbers for a new estimate of cost based on a better-defined project scope. The committee along with the town attorney will create a petition with all the legal definitions. The signed petitions must represent 51% of the assessed value. After that it will be brought to the town residents for a vote. Supervisor Davis has requested funds from the county, but since there is no approved project yet, he does not expect to hear from them. Website – Supervisor Davis reported that the new website is close to being finished. Next week the town department heads will be contacted for suggestions. There is an improved search capability and visitors to the website will be able to receive notification of updated website content. There will be a soft roll-out with a few residents having access to the website for testing.NEW BUSINESS:
Town Hall Cell Tower – Supervisor Davis was approached by Verizon regarding erecting a new 150-foot cell towner on the town hall property. This will improve cell phone reception in the 5-6 mile radius and especially for first responders. The plan will be to set the tower back 30 feet from the parking lot. There is plenty of room with 3 plus acres. Verizon was notified that they would need to comply with all permits and processes. The town would receive $1,000 per month with an increase to this lease fee each year. The town board agreed to proceed with this project. Steve Carpenter asked about the provisions for a catastrophic failure. In the past, the provision for this was a showstopper in West Vienna. Supervisor Davis stated this was discussed with Verizon. They are building collapsible towers to mitigate this risk. Drive 7 Culvert Issue – Speaking on behalf of residents on Drive, 7, Gary from 308 Drive 7 explained the issue with water flow and a culvert on Drive 7. He presented a map (attached). Supervisor Davis stated he called OCWA about the hydrant flushing and they will be investigating. Gary stated that residents might be willing to assist with the cost of new drainage. In the past, they had paid half the cost ($500). Supervisor Davis stated the town would continue to investigate. Planning Board/Zoning Board of Appeal Vacancies – At the August 17, 2023 Planning Board (PB) Meeting, the PB recommended approval of Rick Leos to fill the PB vacancy. Councilman Smith motioned to appoint Rick Leos to the fill the PB vacancy. Seconded by Councilman Spellicy. Motion carried. Voting Record: Councilman Jordan Aye Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Supervisor Davis Aye At the August 23, 2023 Zoning Board of Appeals (ZBA) meeting, the ZBA recommended that Nathan Juby fill the ZBA vacancy. Councilman Spellicy motioned to appoint Natan Juby to the fill the ZBA vacancy. Seconded by Councilman Jordan. Motion carried. Voting Record: Councilman Jordan Aye Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Supervisor Davis Aye JCAP Grant – The Town Court department would like to apply for a grant to update the town court area. They require a resolution from the town board. Things to be updated include security mechanisms, signage, office equipment, outside message board, and refreshing the courtroom ceiling tiles. Supervisor Davis made the motion to authorize the town court to apply for a JCAP 2023-2024 grant not to exceed $30,000. Seconded by Councilman Spellicy.Motion carried. Voting Record: Councilman Jordan Aye
Councilman Lamb Absent Councilman Smith Aye Councilman Spellicy Aye Supervisor Davis Aye Additional information on this grant is filed in the Town Clerk’s Office. Solar Farm – Supervisor Davis informed the council that he has received a letter regarding a proposed solar farm in the town. The town has 60 days to proceed. Assessor Phil Amway prepared a response to the letter. Supervisor Davis polled the board for permission to send the letter to HodgsonRuss. The council agreed and Supervisor Davis signed the letter. The town clerk will copy and mail the original to HodgsonRuss. Property owner Ed Lambrych explained that the company interested in building the solar facility on his land notified him that they plan on submitting a Special Use Permit Application to the planning board. Assessment Local Laws – Assessor Phil Amway provided a presentation titled Local Laws for the Assessment Department dated September 5, 2023. Topics included BAR hearing dates, Special Districts (Water, Sewer), Enhanced STAR. Cold War Vet Exemption, First Responder Exemption, exemptions for seniors. A copy of the presentation is filed with the town clerk. Upon the “go-ahead” from the council, Phil will prepare a list of actions.PUBLIC COMMENTS.
- Ed Lambrych asked for some criteria for the 10,000 square foot maximum area requirement in the Zoning Law. The council explained that it was selected based on the town’s comprehensive plan. Mr. Lambrych further commented that the Town Board, Planning Board, and Zoning Board of Appeals should be open-minded.
- Steve Carpenter commented that after reading the Queen Central News about the Planning Board and ZBA meetings, he is mildly agitated. Mr. Carpenter explained that we as a town need to ask some questions such as What is a variance, and what is the role of the planning board versus ZBA. He further commented that the concept of square footage is an abstract concept.
- Chris Barnhart asks some questions on an issue between him and the town board in February. The town board provided some clarification to Mr. Barnhart on the subject.
- Mrs. Steve Carpenter asked the board to please use the microphones.
- Rick Mansfield stated he thinks the updated website is a good move for the town. He asked if broadband will be available to all residents so they may take advantage of viewing the improved website. Supervisor Davis responded that the town is working on making broadband available to as many people as possible. They are also looking at setting aside the franchise fee that we currently receive to use for broadband expansion.
- Darrin Smith commented that we should sell town property that is not being used.