TOWN OF VIENNA
TOWN MEETING MINUTES
September 7, 2022

PRESENT: Supervisor Michael M. Davis Sr., Councilman Jason Spellicy, Councilwoman Gail Whitham, Councilwoman Wendy Herbst, Councilman Jason Lamb

CALL TO ORDER:

Supervisor Davis called the meeting to order at 7:00PM.  Pledge of Allegiance.

NOCCOG: Lisa Bellinger

Tughill Commissions is going to have their annual dinner on October 20th at Zero Dock Street in Carthage. NOCCOG’s annual dinner October 27th at the Delta Lake Inn in Rome. Oneida County has put out an incentive for consolidation. They are offering to double the first year’s savings for any municipalities. The 2022-2023 justice court grant assistance is available again. Applications are due by October 14th, 2022. The Tughill Commission is having their monthly meeting in the Town of Trenton on September 19th, 2022. The Association of Towns is having fall schooling for zoning and planning. There is three different locations throughout the state that they will be held. Two are in September and one is in October. One is downstate in Hyde Park, one is out towards Canandaigua, and the other is in Lake Placid. Jefferson County Planning Department is hosting site plan review and special use permit training on September 20th. The 2022 annual land use training is going to be held in Lowville on September 21st. A historical and educational presentation will take place on September 17th in West Liden.

 

County Legislature: Norm Leach

Approved a new position in pistol licensing office for an account clerk. The County Legislature has offered to Double any consolidation made during the first year. Due to a new state mandate, the election districts changed from being allowed to be 10 percent over or 10 percent under the medium population in the district to only being allowed to be 5 percent over or 5 percent under the medium population in the district. All of the districts except for one district were changed. The County is partially funding a parking garage 18.1 million of the funding will come from the Mohawk Valley Health Systems, 12 million will come from the Federal Government, and 10 million will come from the State with 30.9 million bonded. The completion date is expected to be spring of 2024.

 

APPROVAL OF MINUTES:

A motion was entertained by Councilman Spellicy and seconded by Councilman Lamb to approve the minutes of the August 3rd meeting.  Motion carried.      

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

 

APPROVAL OF MINUTES:

A motion was entertained by Councilman Lamb and seconded by Councilwoman Whitham to approve the minutes of the August 15th meeting.  Motion carried.      

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

AUDITED VOUCHERS:

A motion was entertained by Councilwoman Whitham and seconded by Councilman Spellicy to approve the audited vouchers beginning with voucher #324 thru voucher #363 in the amount of $35,060.13.  Motion carried.

   Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

    

SUPERVISOR’S REPORT:

The supervisors report for the month of July is done and in the clerk’s office.

 

All OTHER OFFICES MONTHLY REPORT:

All other office reports are in the Town Clerk’s office and will be on line.

 

TOWN CLERK’S REPORT:

The Clerk read her report for the month of August. The July Town Clerk’s report was read but never approved.

 

A motion was entertained by Councilwoman Herbst and seconded by Councilman Spellicy to approve the July Town Clerk’s report.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

A motion was entertained by Councilman Spellicy and seconded by Councilman Lamb to approve the August Town Clerk’s report.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

HIGHWAY:

At the end of this month the paving for this year should be wrapped up. One of the pickups they use was vandalized. Someone cut the two Cadillac converters out. Looking for prices to fix the pick-up truck.

 

Council Reports:

 

Councilwoman Whitham- Nothing

 

Councilman Spellicy- Nothing

 

Councilwoman Herbst- Nothing

 

Council man Lamb- Nothing

 

Supervisor Davis- The study for the proposed water expansion is approximately 50 percent complete.

 

Old Business:

Zoning Law- The Town Board presented three things they believed should be fixed about the 2022 Zoning Law Amendments. The first thing is Section 1810, Exempt signs; number 6 Roadside Stand Signs (page 67). The existing Zoning Law requires that these signs be set back a minimum of 10 feet from the road line which could cause these signs to be located further away from the road line than the stand itself. The Town Board would like to allow these signs to be no closer to the road than the stand itself. This would revise the wording of paragraph number 6 to: “Roadside Stand Signs. One sign for roadside stands selling agricultural produce grown on the premises in season, not to exceed 24 square feet, located no closer to the road than the stand itself. Such signs shall be removed within 30 days following termination of the sale”. The next recommended fix is Section 542, Airstrips (page 27). The Town Board would like to consider adding paragraph “G” as follows: “Nothing in this law shall supersede or be more restrictive than the provisions of a decision of the NYS Commissioner of the Department of Transportation under NYS General Business Law, Section 249, as it relates to the design of any airstrip in the Town of Vienna”. The final recommended provision was, section 430, Schedule B, Permitted Uses in Zones (page 19). The existing Zoning Law allows airstrips in all zones except Hamlet Commercial and the current proposed revision would allow airstrips only in water resources RR3 AND RR2. The Town Board would like to consider allowing airstrips in all zones except Hamlet Residential and Hamlet Commercial.

 

A motion was entertained by Supervisor Davis and seconded by Councilwoman Whitham to designate Town Board as the lead agency for Zoning Law changes.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

 

Discussion of Possible Removal of Richard Mansfield from ZBA-

     Supervisor Davis believes one should not be on the Zoning Board of Appeals and an elected official because if one is going against you as a town official and your only relief is to go to the Zoning Board of Appeals and there is the person running against you, it is not fair to you as a resident of the Town of Vienna. Councilmen Lamb believed that there was going to be a resignation from one of his roles. Any delay caused was because the Town Board was trying to find a way to solve this that was not so large. Councilwoman Whitham was also under the pretense that there was going to be a resignation of one of the positions. She states that the handbook states that you can not do the boards as well as the Zoning Board of Appeal. Councilman Spellicy believes that a resident of the Town has complained. He believed that the Ethics Law should not be changed just to fit someone’s violation of the Ethic’s Law. Councilwomen Herbst agrees with every one of the board members. She believes that with everything presented it is one or the other and one or the other was not chosen so it is up to The Town Board to chose one for him. There were two charges made, one was the Ethics Law violation and the other was misconduct.

 

A motion was entertained by Supervisor Davis and seconded by Councilwoman Herbst to remove Richard Mansfield for violation of the Ethics Law.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

A motion was entertained by Supervisor Davis and seconded by Councilwoman Herbst to remove Richard Mansfield from ZBA due to misconduct.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Nay

 

A motion was entertained by Supervisor Davis and seconded by Councilman Spellicy to accept Resolution #26 of 2022.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

 

New Business:

Drive 9 Issues-

Concerns- There is a reserved park on Drive 9 that id deeded into all the owners, on drive 9, who do not have lake front property. This is also a part of a parcel that was recently sold. The new owner has begun to change the land. The new owner clear cutted the property, brought in a camper, two sheds, and a multitude of equipment. This land is their water source and is deemed for recreation. This space is a shared space. This new owner has ruined everyone’s enjoyment of the lake property this summer. The new owner has also violated the Town of Vienna noise ordinance by running a generator nonstop for multiple days. The residents have asked him to not use the generator after a certain time, the Sherriff’s have been called, and the Code’s officer has been contacted. Want to know who to come to the conclusion enforces the noise ordinance. An election box has been attached to a pole on one of the sheds and it is not connected to the pole at the moment. The group of residents were wondering if that was okay even though the property is deeded to approximately 15 owners. The home owners do have a lawyer and they were informed that the deeds give them users and common rights. Everyone has access to those 150 feet to be used for recreation, right of way to the lake, and they all come to a general consensus on what is in the best interest of everyone. They are concerned that while taking the docks out they may not be able to do it peacefully. They do not know how the waste water and sewage is being taken care of. The owner has received a cease and desist from the lawyer. The DEC has been contacted because sand has been spread along the land. There is nothing to stop the ice that goes on the shore line in winter being there is no trees there anymore.

Responses- A notice of violation was sent out on August 31st. There is going to be a reinspection in September 15th to see if he is in compliance. The citations were for property maintenance code of New York State, Town of Vienna Zoning Law, and the Town of Vienna Noise Ordinance. It was good they obtained council because if they go to court, it will be the group of homeowners against the individual. It is highly recommended that the group of homeowners should take pictures and videos to prove they are denied of their rights. If the owner does not respond to the cease-and-desist letter then it may be time to go to court. The DEC may be able to help with the wetland portion.

 

Propane/ Fuel Oil/ Diesel/ Gas Bid-

The bids need to be sent out for this year. The Town Clerk will post an ad into The Queen Central. Bids will be due 3:00pm on October 5th whereas the bids will be opened at the October 5th Town Board Meeting.

 

Public Comments:

Briana Hand- Clarifying that the point of the change in the Zoning Law on airstrips is just stating that the Town of Vienna is going to follow what the Commissioner of the Department of Aviation says.

 

Dominic Maggio- Turned in a 2023 budget request that will be discussed and viewed at the next October 5th meeting the budget meeting will be scheduled.

 

Mike Piper- States that cell towers need the red warning lights and one cell tower has the warning lights covered by protected birds. This is a safety issue because you can not send the birds away. The owner of the cell tower is in charge of taking care of making sure the lights can be seen. Believes the town should budget money for an AED. Also, believes each employee in the building should be trained on how to use an AED and how to perform CPR. Would like to be considered to fill one of the Planning Board positions.

 

Steve Carpenter- Ethics Board officials are advice and consent and if they have to become investigative, it should be sent to an investigative agency. He believes once one takes the Oath of Office, they lose their rights and they become servants to the people.

 

 

EXECUTIVE SESSION: 8:25PM Contract Review and Possible Litigation

A motion was entertained by Supervisor Davis and seconded by Councilman Spellicy to enter into executive session for contract review and possible litigation at 8:25pm.  Motion carried.

 

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

A motion was entertained by Supervisor Davis and seconded by Councilwoman Whitham to return to regular session at 8:40pm.  Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

Action was taken.

A motion was entertained by Supervisor Davis and seconded by Councilwoman Whitham to open the contract between the Town Board and the Teamsters Local 294 that covers the town’s highway employees so the Town Board can accept the terms of a new 4-year contract.  Motion carried.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

A motion was entertained by Supervisor Davis and seconded by Councilwoman Whitham that with change submitted by Wendy Herbst and approval of the Town Attorney that the Supervisor will have the authorization to execute the new contract with the union.  Motion carried.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

ADJOURN: 8:43PM

A motion was entertained by Councilman Spellicy and seconded by Councilman Lamb to adjourn the meeting at 8:43PM.  Motion carried.

    Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilwoman Wendy Herbst        Aye

Councilman Jason Lamb            Aye

 

Respectfully Submitted,

 

Beth A. Bunce