Liverpool Village Board: Local Laws & Environmental Assessments, Study notes of Law

The process by which the Village of Liverpool Board of Trustees enacts local laws, including the determination of SEQR (State Environmental Quality Review Act) status and the conduct of public hearings. the introduction and consideration of five different local laws: F-2019, G-2019, H-2019, I-2019, and J-2019.

Typology: Study notes

2021/2022

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09-16-2019 VB
The regular meeting of the Village of Liverpool Board of Trustees was held on September 16, 2019 at
7:00 PM at 310 Sycamore Street, Liverpool NY.
Present: Gary White Mayor
Christina Fitch Deputy Mayor
Matt Devendorf Trustee
Michael LaMontagne Trustee
Jason Recor Trustee
John Langey Attorney
Mary Ellen Sims Village Clerk
Also present was Chief Morris, Bill Reagan- Codes officer, Greg Sgromo, Village Engineer, Russ Tarby-
Eagle News and approximately 12 other persons.
Mayor White asked all those present to join in the Pledge of Allegiance.
Outstanding issues/ grant updates
Mayor White updated the outstanding issues and grant updates for the month as follows:
Johnson Park Updates- Community Development approved $ 42,000 for ADA compliant bathroom
renovations. Village contribution is 25%.
Sewer Lining County approved $118,000 reimbursable grant.
Onondaga Lake Parkway Project-Chief Morris, Mayor White and Greg Sgromo met with State DOT on
August 21 Intent is to make the Parkway, one lane in each direction. Village is waiting for information from
State DOT.
Cemetery Restoration Project- one bid received that was over budget. Will rebid in the spring.
Employee Handbook Revision-would like to adopt at the next meeting.
Public comment period
No one wishing to speak
Correspondence- none
Letter received from Diana Lynn, August 19, 2019 commending Officer Lukins for finding her wallet.
Letter received from Liverpool Public Library thanking Clerk Mary Ellen Sims and Chief Morris for field trip
for story time.
Discussion 500 Block of Balsam Street
Mayor White recapped the request from four homeowners on the 500 Block of Balsam Street for “No
overnight Parking”. A letter was sent to all home owners and renters in the 500 block of Balsam Street
regarding the request and notifying them that the discussion regarding this was going to be held at this
board meeting.
Chief Morris was requested to seek input from the LFD and code Enforcement pertaining to restricting
parking in the 500 block of Balsam Street. The consensus is the following: If the Village board decides to
restrict parking in the 500 block of Balsam Street, the recommendation would be to prohibit parking on
one side of the street.
Mayor White asked if there were any comments.
Sue Tillotson , 511 Balsam Street, stated that when the Chief of Police and the Fire chief reviewed the
street parking, cars were not parked on both sides of the street. She stated that the reason for the no
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09 - 16 - 2019 VB The regular meeting of the Village of Liverpool Board of Trustees was held on September 16, 2019 at 7:00 PM at 310 Sycamore Street, Liverpool NY. Present: Gary White Mayor Christina Fitch Deputy Mayor Matt Devendorf Trustee Michael LaMontagne Trustee Jason Recor Trustee John Langey Attorney Mary Ellen Sims Village Clerk Also present was Chief Morris, Bill Reagan- Codes officer, Greg Sgromo, Village Engineer, Russ Tarby- Eagle News and approximately 12 other persons. Mayor White asked all those present to join in the Pledge of Allegiance. Outstanding issues/ grant updates Mayor White updated the outstanding issues and grant updates for the month as follows: Johnson Park Updates- Community Development approved $ 42,000 for ADA compliant bathroom renovations. Village contribution is 25%. Sewer Lining – County approved $118,000 reimbursable grant. Onondaga Lake Parkway Project-Chief Morris, Mayor White and Greg Sgromo met with State DOT on August 21 Intent is to make the Parkway, one lane in each direction. Village is waiting for information from State DOT. Cemetery Restoration Project- one bid received that was over budget. Will rebid in the spring. Employee Handbook Revision-would like to adopt at the next meeting. Public comment period No one wishing to speak Correspondence- none Letter received from Diana Lynn, August 19, 2019 commending Officer Lukins for finding her wallet. Letter received from Liverpool Public Library thanking Clerk Mary Ellen Sims and Chief Morris for field trip for story time. Discussion – 500 Block of Balsam Street Mayor White recapped the request from four homeowners on the 500 Block of Balsam Street for “No overnight Parking”. A letter was sent to all home owners and renters in the 500 block of Balsam Street regarding the request and notifying them that the discussion regarding this was going to be held at this board meeting. Chief Morris was requested to seek input from the LFD and code Enforcement pertaining to restricting parking in the 500 block of Balsam Street. The consensus is the following: If the Village board decides to restrict parking in the 500 block of Balsam Street, the recommendation would be to prohibit parking on one side of the street. Mayor White asked if there were any comments. Sue Tillotson , 51 1 Balsam Street, stated that when the Chief of Police and the Fire chief reviewed the street parking, cars were not parked on both sides of the street. She stated that the reason for the no

overnight parking request was for safety issues and so that persons would have to move their cars overnight. Ron Herrgesell, 509 Balsam Street, stated that there should be room for cars to be parked elsewhere. He stated that there is sufficient parking in the ally behind their houses. He feels that his driveway is hindered by cars parked across the street. Charlene Bertolini, 514 Balsam Street, stated that in the winter months they do park in the ally. In the Spring and Summer months, they park in front of their home. Parking is legal at that time of the year. Trustee Fitch commented that she was not in favor of odd/even parking on the 500 block of Balsam Street. She is in favor of parking permitted one side only. Chief Morris stated that “No overnight parking” will not solve the problem. He stated that restricting parking on one side of the street would alleviate the safety issues. Chief Morris will review the parking issue with Code Enforcement and het Fire Department and send a memo to the Board with recommendations. Results – Bid opening from 8/23/19 Cemetery Restoration Project Mayor White stated that the Cemetery Restoration Project bid opening was August 23, 2019. One bid was received from Bouley Associates in the amount of $440,000.The Village received a grant for this project in the amount of $250,000. The proposed masonry on the signs is expensive. EDR may have to re-design the sings for a future bid. Motion was made by Trustee Recor, seconded by Trustee LaMontagne, to reject he bid form Bouley Associates for $440,000 and rebid the project in early Spring. Motion Passed. Results- Bid opening from 9/4/19 Sewer Lining Project Mayor White stated that the Sewer Lining Project bids were opened on September 4, 2019. Two bids were received. Skanex Pipe Services in the amount of $168,100.00 and Composite Technology & Infrastructure in the amount of $180,812.00. The County Contract for 2,100 Linear feet total is $88,200.00. Motion was made by Trustee Devendorf, seconded by Trustee LaMontagne to reject the two bids and to proceed with the County contract for $88,200, with the addition of $20,000 for additional sewer lining work, to fully utilize the County Grant in the amount of $118,000. Motion Passed. Discussion- DPW roof Mayor White stated that J & B Installations were awarded the bid to repair the roof on the DPW Garage Building last April in the amount of $32,619.00. The contract addendum was for Asbestos removal for the additional amount of $6,688 for a total contract of $39,307.00. Work will begin the week of September 23,

The roof has been leaking and causing some additional interior damage. Due to this fact, Mayor White would like authorization from the Board to place a temporary field office on the premise while work is being done on the building. Motion was made by Trustee Devendorf, seconded by Trustee LaMontagne, to authorize a temporary field office be placed at the DPW Garage location for an amount not to exceed $1,000 a month for 6 months. Roll Call vote:

RESOLVED AND DETERMINED that the enactment of this proposed local law is an Unlisted Action

under SEQR, that there are no other involved agencies and the Village Board shall act as lead agency; and

it is further

RESOLVED AND DETERMINED that the Village Board of Trustees has reviewed the Short

Environmental Assessment Form and has determined that there will be no adverse environmental impacts

as a result of this action and therefore, renders a negative declaration for purposes of SEQR; and it is

further

RESOLVED AND DETERMINED that this proposed Local Law will be referred to the Onondaga

County Planning Board pursuant to New York General Municipal Law §239; and it is further

RESOLVED AND DETERMINED that the Village Board of Trustees shall conduct a public hearing as

to the enactment of proposed Local Law F-2019 at the Village of Liverpool Village Hall, 310 Sycamore

Street, Liverpool, New York on October 21, 2019 at 7:01 p.m. or as soon thereafter as the matter can be

heard, at which time all persons interested on the subject shall be heard.

The question of the foregoing Resolution was duly put to a vote and, upon roll call, the vote was

as follows:

Hon. Michael LaMontagne Trustee Voted Yes

Hon. Jason Recor Trustee Voted Yes

Hon. Matthew Devendorf Trustee Voted Yes

Hon. Christina Fadden-Fitch Trustee Voted Yes

Hon. Gary C. White Mayor Voted Yes

The foregoing Resolution was thereupon declared duly adopted.

Introduction – Local Law G- Disruptive Conduct

Trustee Recor introduced proposed Local Law No. G-2019 to amend the Code of the Village of

Liverpool by adding a new Chapter titled “Disruptive Conduct” and made the following motion, which was

seconded by Trustee LaMontagne:

WHEREAS , proposed Local Law G- 2019 has been introduced and will be considered for enactment

pursuant to the provisions of the Municipal Home Rule Law; and

WHEREAS , the Village of Liverpool Board of Trustees has been requested to consider adding a

new Chapter 175 of the Code of the Village of Liverpool titled “Disruptive Conduct” to ensure the safety

and well-being of all Village residents by establishing definitions, owner’s duties, violations and penalties;

and

WHEREAS , no other agency has the legal authority or jurisdiction to approve or directly undertake

the enactment of Local Laws in the Village of Liverpool, such that there are no other involved agencies

within the meaning of the New York State Environmental Quality Review Act (SEQR) with respect to the

proposed enactment of said Local Law, with the result that the Village Trustees shall act as lead agency in

this matter; and

WHEREAS , the Village Board of Trustees has determined that a Short Environmental Assessment

Form (EAF) shall be required in connection with this matter.

NOW, THEREFORE, IT IS

RESOLVED AND DETERMINED that the enactment of this proposed local law is an Unlisted Action

under SEQR, that there are no other involved agencies and the Village Board shall act as lead agency; and

it is further

WHEREAS , the Village of Liverpool Board of Trustees has been requested to consider an

amendment to Chapter 380 (“Zoning”) of the Code of the Village of Liverpool, which amendment would

amend the current definition of the term “Mixed Use” and replace said definition with a new definition of

“Mixed Use” which would allow a single building, structure and/or lot with a minimum of two different

and distinct uses; and

WHEREAS , no other agency has the legal authority or jurisdiction to approve or directly undertake

the enactment of Local Laws in the Village of Liverpool, such that there are no other involved agencies

within the meaning of the New York State Environmental Quality Review Act (SEQR) with respect to the

proposed enactment of said Local Law, with the result that the Village Trustees shall act as lead agency in

this matter; and

WHEREAS , the Village Board of Trustees has determined that a short environmental assessment

form (EAF) shall be required in connection with this matter; and

NOW, THEREFORE, IT IS

RESOLVED AND DETERMINED that the enactment of this proposed local law is an Unlisted Action

under SEQR, that there are no other involved agencies and the Village Board of Trustees shall act as lead

agency; and it is further

RESOLVED AND DETERMINED that the Village Board of Trustees has reviewed the Short

Environmental Assessment Form and has determined that there will be no adverse environmental impacts

as a result of this action and therefore, renders a negative declaration for purposes of SEQR; and it is

further

RESOLVED AND DETERMINED that this proposed Local Law will be referred to the Onondaga

County Planning Board pursuant to New York General Municipal Law §239; and it is further

RESOLVED AND DETERMINED that the Village Board of Trustees shall conduct a public hearing as

to the enactment of proposed Local Law H-2019 at the Village of Liverpool Village Hall, 310 Sycamore

Street, Liverpool, New York on October 21, 2019, at 7:03 p.m. or as soon thereafter as the matter can be

heard, at which time all persons interested on the subject shall be heard.

The question of the foregoing Resolution was duly put to a vote and, upon roll call, the vote was

as follows:

Hon. Michael LaMontagne Trustee Voted Yes

Hon. Jason Recor Trustee Voted Yes

Hon. Matthew Devendorf Trustee Voted Yes

Hon. Christina Fadden-Fitch Trustee Voted Yes

Hon. Gary C. White Mayor Voted Yes

The foregoing Resolution was thereupon declared duly adopted.

Introduction Local Law I- Amend Chapter 380 Definition Sign Height, service station canopy signs, Change in Modification to Site Plans, planting and expiration of variance approvals

Trustee LaMontagne introduced proposed Local Law No. I-2019 to amend Chapter 380 of the

Code of the Village of Liverpool Relative to the Definition of Sign Height, Service Station Canopy Signs,

Change of Modifications to Site Plans, Plantings and Expiration of Variance Approvals and made the

following motion, which was seconded by Trustee Fitch:

WHEREAS , proposed Local Law I- 2019 has been introduced and will be considered for enactment

pursuant to the provisions of the Municipal Home Rule Law; and

WHEREAS , the Village of Liverpool Board of Trustees has been requested to amend certain

Sections of Chapter 380 of the Code that are relative to the definition of sign height, service station canopy

signs, change of modifications to site plans, plantings and expiration of variance approvals; and

Hon. Michael LaMontagne Trustee Voted Yes

Hon. Jason Recor Trustee Voted Yes

Hon. Matthew Devendorf Trustee Voted Yes

Hon. Christina Fadden-Fitch Trustee Voted Yes

Hon. Gary C. White Mayor Voted Yes

The foregoing Resolution was thereupon declared duly adopted.

Resolution authorizing adoption of the 2019 Onondaga County Multi-Jurisdictional Hazard Mitigation Plan Update. The following resolution was offered by Trustee Fitch who moved its adoption, seconded by Trustee Recor, to wit: WHERAS, all jurisdictions within Onondaga County have exposure to natural hazards that increase the risk to life ,property, environment, and the county and local economy; and WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long term risk to life and property; and WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre and post disaster hazard mitigation programs, including the preparation of Hazard Mitigation Plans; and WHEREAS, Onondaga Count,, with a Planning Partnership of Onondaga County Municipalities, has gathered information and prepared the 2019 Onondaga County Multi-Jurisdictional Hazard Mitigation Plan Update (the”Plan”) in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the Partnership has completed a planning process that has engaged the public with opportunity for input and public comments, assessed the risk and vulnerability to the impacts of natural hazards, developed a mitigation strategy consistent with a set of uniform goals and objectives, and created a plan implementing, evaluating and revising this strategy; and WHEREAS, the Village of Liverpool Board of Trustees has reviewed the Plan and affirms that the Plan will be updated no less than every five years; NOW THEREFORE, BE IT RESOLVED that the Village of Liverpool adopts it in its entirety, the 2019 Onondaga county Multi-Jurisdictional Hazard Mitigation Plan Update (the “Plan”) as the Jurisdiction’s Natural Hazard Mitigation Plan and resolves to execute the actions identified in the Plan that pertain to this jurisdiction. ADOPTED on September 16, 2019 by the following vote: Trustee LaMontagne Yes Trustee Fitch Yes Trustee Devendorf Yes Trustee Recor Yes Mayor White Yes Resolution passed.

Request to use Village Hall for Girl Scout meetings This request for every other Saturday morning was denied due to the fact that there is no one to open and close the building on Saturday mornings. Tree Plantings Trustee Fitch stated that Cornell Cooperative Extension will donate 6 trees to the Village for fall planting for a total value of $558.. Trustee Fitch would like to request funds to be expended from the Capital Tree Fund to plant an additional 4 trees in the amount not to exceed $600.00. Motion was made by Trustee Recor, seconded by Trustee LaMontagne, to accept the grant from CCE for a total of $ 558.00 and to authorize expending up to $600.00 from the Capital Tree fund to plant additional trees. Roll Call Vote: Trustee Fitch Yes Trustee Devendorf Yes Trustee Recor Yes Mayor White Yes Trustee LaMontagne Yes Motion Passed. DPW STATS Trustee LaMontagne presented the following STATS for the DPW Department for the month of August: 20 UFPO’s marked for the month 11 Sewer house calls were handled No sewer repairs Yard Waste – There have been 9 pickups for the year. Banner Pole Request- none at this time Sign request - none at this time Park Requests—Block Party Sixth Street Park September 22, 2019 Approved Tree Work---- removed trees at 416 and 417 Third Street Police – STATS Trustee Devendorf gave the following STATS for the Police Department for the month of August: 365 Traffic Stops 322 Tickets issued 05 DWI arrests 11 Accidents Investigated 02 Parking Tickets issued 123 Residential Property checks 647 Incidents The Liverpool Police Department arrested a total of 44 individuals this month with 57 charges filed. Chief Morris reminded residents to lock their cars. Codes STATS Trustee Recor read the activity report for the Codes department for August 2019.