Villageof FleischmannsBoard MeetingFebruary 9, 2015The Village of Fleischmanns Board of Trustees held their regular Village Board meeting on Monday, February 9, 2015 at the Skene Memorial Library at6:00 p.m. Present were: Mayor Todd Pascarella, Deputy Mayor Benjamin Fenton, Harriet L. Grossman, & Larry Reilly. David Yates was absent.DelawareOperationsMonthly ReportThe monthly report for Delaware Operations was distributed to the Village Board. The Wastewater Facility is running through most of the month at a reduced rate of flow and discharges effluent flow from the facility every day of the week. Operators continue to monitor the pump station and the collection system on a daily basis.Purchase OrdersMotion made by Larry Reilly to approve the following purchase orders for the month of February, 2015: Slack Chemical, chlorine bleach, 55 gal. drums, 110 gal. @ $2.66 gal., total cost of request: $292.00, reason for purchase: chemicals used in the treatment process; Slack Chemical, bulk coagulant (PAC), gal., 300 gal. @ $2.85/gal., Total cost of request: $855.00, reason for purchase: chemicals used in the treatment process; Yellow safety caution light for the roof of Jim Buchans vehicle during road work, magnetic, total cost of request: less than $100.00, reason for purchase: now with the Water Dept. work, I find myself in dangerous situations more and more, and the local traffic is often unforgiving; Hach, reagents to test for chlorine, total cost of request: $87.76. Motion seconded by Ben Fenton. Larry Reilly-Aye. Ben Fenton-Aye. Todd Pascarella-Aye. Harriet L. Grossman-Aye. David Yates-Absent. Motion so carried.Proposed Local Law # 1 2015Motion made by Todd Pascarella to hold a Public Hearing on proposed Local Law # 1 of 2015 An Amendment to the Law Regulating Water Service of the Village of Fleischmanns on Monday, March 9, 2015 at 6:00 p.m. at the Skene Memorial Library. Motion seconded by Larry Reilly. Todd Pascarella-Aye. Larry Reilly-Aye. Ben Fenton-Aye. Harriet L. Grossman-Aye. David Yates-Absent.LFA Flood Up DateMayor Passcarella & the Village Board proposed to hold a Workshop on the progress for the flood study on Feb. 24, 2015 at 6:00 p.m.Illegally Parked Vehicles/WWTPMayor Pascarella updated everyone on the issue of the illegally parked cars at the WWTP property. 3 unregistered cars remained after a month or so of advising Lucas Merwin to have the vehicles removed from municipal property. After a month or so, the cars still remained on the property so the Village Attorney was asked by the Board to send a letter requesting that the cars be removed from the property. The following is a response from Vinny & Joanie Merwin of 120 Grocholl Road, Fleischmanns which was read aloud by Mayor Pascarella:Dear Mr. Wagner,I believe there has been a mistake or misunderstanding of some sort in regards to the subject of illegally parked vehicles at the Waste Treatment Plant in the Village of Fleischmanns. Back when the Village took the property by eminent domain, I believe in 2004, we approached the Village and requested permission to use the adjacent lot for parking. Cathy Wilber who was the Mayor told us that was not an issue. Since this original request we have maintained this lot, mowed, graded and even plowed it when needed. I am curious as to why after 10 years is it an issue now? I can assure you this was not done without permission.If we are in violation perhaps we would be able to set up a lease or purchase of the vacant land since precedence has been established referencing the Village lot for Mark Birman. Please let us know if this is an option.Last but not least, we also request that all business matters go directly through ourselves and not our children as then it becomes a work of mouth. Our children do not live here with us and do not represent us.Thank you and we look forward to clearing up this misunderstanding.Mayor Pascarella will direct the Village Attorney, Carey Wagner, to send a letter in response to the Merwins advising that even if Mayor Wilber gave them permission to use the parking lot, that authority was not irrevocable and requesting that they respond in good faith & remove the vehicles promptly once weather permits.Complaint/Kurt Oppenheimer-Regis HotelThe following letter dated Feb. 9, 2015 to the Mayor & the Village Board was read aloud as follows:This letter is in regard to the no longer existing guardrail along Lake Street where there is a very sharp incline and no protection for pedestrians or vehicles is left. After speaking with Wayne Reynolds of Delaware County Public Works he told me that he has offered in the past and still is offering to provide the labor to install a new guardrail along Lake Street at the counties expense if the Village provides the material. The current condition is not a situation that should be allowed to continue as is.Mayor Pascarella advised that the problem with the above is that area needs to get dug out to put the foot bridge in. Trustee Reilly commented that it was also a FEMA embankment project. The hope is to have the foot bridge in this construction season. Deputy Mayor Ben Fenton will respond to Mr. Oppenheimer.Halcott Fire Dept.Todd Pascarella read aloud the following letter he sent to Innes Kasanof, Supervisor Town of Halcott:I am writing to respond to the comments presented in your December 17thletter regarding the Fleischmanns Fire Department. I believe you have some concerns based on broad assumptions made by you and your board that I can shed light on and clarify. I will paraphrase and explain these point by point:1.The Fire Department has a tangled relationship with its constituents.The Department is a Village Fire Department which contracts its services to both the Middletown 1 Fire District and the Town of Halcott Center. We provide the service, and you are our customers. The structure is not that complicated but is more complex than if we covered just one single municipality. It is however sufficient at providing proper coverage to property owners in the Village as well as the two contracted parties. It is important to note thatall taxpayers covered by the Fleischmanns Fire Department pay the exact same tax rate on their property whether they are inside or outside of the Village.It would be difficult to be more straight-forward and simple than that.2. The business side of the Fire Department is missing.The Fleischmanns Village Board, Clerk/Treasurer, and Part-Time Account Clerk would disagree. We meet monthly to pay the bills for the Fire Department expenses and we administer the Department on an ongoing basis. This past year a new and more detailed system of reporting month-by-month expenses was instituted which has made it easier to track expenses. In addition, I as Mayor am in frequent contact with the Chief and the all-volunteer Department to make sure that their needs are met and that they can perform their job effectively when called upon. The business side of the Fire Department is the responsibility of the Village, and we take it very seriously. Furthermore, as I have said previously, all of this work is done at no cost to either contracted party, rather it is just absorbed into the Villages time and general fund budget to minimize your costs; youre welcome again!3. The shortfall in the budget can be avoided by seeking help in creating future budgets.This is perhaps the crux of the whole issue, and in fact we see this in a completely contrary way. In the past, it was the pressure from those in Halcott Center and Middletown 1 Fire District to keep the budget artificially and unreasonably low, with no contingency or breathing room, which resulted in repeated budget overruns for the Village. The parties would meet, arbitrarily tell the Fire Department we were asking for too much money, and the Fire Department would oblige by lowering their figures. The wringed-out budget would go to the Village which was then essentially in a position to have to approve and administer an underfunded budget for the year. The entity which is responsible for administering the finances of the Fire Department must be the one with the say in what that budget contains. The check and balance built in to the structure is that the Village does not tax property in the contracted parties territories at a higher rate than it does its own so that in the end we are all equally affected. Did I mention that yet? 4. These problems are reflected in the alarming rate at which the budgets have been climbing in the last few years. There doesnt seem to be any stop to them.I decided to do a little math to have numbers to talk about. As a hypothetical situation, lets look at an average property anywhere in Fleischmanns or in Halcott Center valued at $150,000. At the previous equalized rate that the property owner is paying $79.32 to fund the Fire Budget. In the 2015-16 budget that same property owner is paying $79.32, a difference of $6.25. I know times are tough, but asking for $6.25 so we can avoid budget overruns for the Fire Department is neither alarming nor running away at an unstoppable rate. In addition, the new financial tracking that we are doing will help us conclude whether or not we are finally caught up after several years of underfunding, and ever upwardly ratcheting costs to operate.When it comes to creating some sort of new entity, the Village is not interested at this point. Although some do not like the way this arrangement works, and in fact I have been accused of bad governance for the way it works, I am quite confident that we are delivering adequate fire protection in as efficient a way as possible. Most importantly, the Village believes that creating a new layer of politics will not help and rather could possibly destabilize the Department. It has been suggested to us by an attorney with expertise in Fire Department law that one solution for Halcott Center could be to create a Fire District of your own which would take the responsibility of contracting for services off of your plate and onto the plate of elected commissioners similar to the way Middletown 1 is set up. The fire budget would thus not be part of your general budget and would instead be a separate line item on peoples tax bills, just like in Middletown 1. This would address the perception that your percentage increase is Too high.With all this said we are open to hearing your suggestions and would listen to any sound, concrete proposals. However, lets please keep in mind that we are talking about a $6.25 increase a head here for the year.DelinquentVillageTaxesDiscussion was held as to filing a Notice of Pendency with the Delaware County Clerk and the Delaware County Treasurers Office & then proceeding to foreclosure on those parcels in the Village that are delinquent. A foreclosure action on any property would also incur additional legal fees.Tax Parcel # 287.14-3-7.1/Tax Penalty WaiverThe Village Board discussed the request for waiver of penalties on the 2014 Village tax delinquent on tax parcel # 287.14-3-7.1. Under Real Property Tax Law Sec. 1430, the failure to mail any such statement, or failure of the addressee to receive the same, shall not in any manner affect the validity of the taxes or the interest imposed by law with respect thereto. Deputy Mayor Ben Fenton will forward a letter to the owner who requested the waiver of the penalties.CHIPS Extreme Winter Recover Jan. 2015As Highway Superintendent, Deputy Mayor Ben Fenton, will see what funds are available to the Village under the above CHIPS program.Hannah Sheflyand/Use of Parking LotHannah Sheflyand is holding a party onSept. 12, 2015which will include approximately 100 guests. The Board advised that since there is no parking lot at the park anymore, guests can park on Wagner Avenue.I & Z PC World/PC Repair & SalesVillage Trustee, Larry Reilly, proposed the purchase of two cell phones from I & Z PC World; a military spec phone at a cost of $99.00 for Village crew member Leland Johnson, III with a $30.00 month plan that provides 1200 voice minutes, 3000 text messages, 500 MB of data; along with a cell phone for the Village Clerk at a cost of $65.00 with a $12.00 a month plan that provides 250 voice minutes, 250 text messages and 10 MB of data.Motion made by Todd Pascarella to switch the Village cell phones over to Page Plus as stated above. Motion seconded by Larry Reilly. Todd Pascarella-Aye. Larry Reilly-Aye. Ben Fenton-Aye. Harriet L. Grossman-Aye. David Yates-Absent.Public InputDiscussion was held as to garbage receptacles, the burnt out building at 717 Wagner Ave., the Mill Street Bridge, FEMA projects and NYC buyouts, the Central Catskills Collaborative & the Scenic Highway Event.VouchersMotion made by Ben Fenton to pay the following vouchers for the month of February, 2015: General Fund, Abstract # 44, Vouchers # 223 through 231, totaling $ 31,435.88; Water Department Fund, Abstract # 9, Vouches # 54 through 56 totaling $2,526.25;Sewer Department Fund, Abstract # 9, Vouchers # 94 through 101 totaling $37,915.88; Motion seconded by Larry Reilly. Ben Fenton-Aye. Larry Reilly-Aye. Todd Pascarella-Aye. Harriet L. Grossman-Aye. David Yates-Absent. Motion so carried.AdjournMotion made by Todd Pascarella to adjourn. Motion seconded by Harriet L. Grossman. Todd Pascarella-Aye. Harriet L. Grossman-Aye. Ben Fenton-Aye. Larry Reilly-Aye. David Yates-Absent. Motion so carried.