Dralt VILLAGE OF NAPLES VILLAGE BOARD OF TRUSTEES REGULAR MEETING, VILLAGE ANNEX May 16, 2012 PRESENT: Mayor Braun; Trustees Frappier, Williams, Nichols-Scott and Donadio; Attorney Miller, DPW Supervisor Schwartz; Emily McFaul; Mary Mueller; Richard Heintz; Bob Trischler; Joel Smith; ‘Sue Kingsbauer; Lauren Sherwood; Darell Reson; Alia Heise; Cliff and Sue Schwartz; Jon Trzeciak, Shirley Piccarreto; Terra Herman; Liz. Herman; Jeni Makepeace; Sharon Fuller; Brian Schenk; Blake Kritzberg; Jim Engel; Sarah Fargnoli; Mary Anne Kramp; Kenn Murray; Tim and Diane Moore; Rosemary Hooper; John B. Cowley; Karl Neubauer; Arden Neubauer; Angie Cannon; Sean Sullivan; Mona Sage-Cardinale; Kate Appleby; Rich Jerome. 6:58 PM Call to order and Pledge of Allegiance. ROLL CALL: Mayor Braun Present Trustee Nichols-Scott Present Trustee Williams Present ‘Trustee Donadio Present Trustee Frappier ‘Present MINUTES: A motion was made by Trustee Frappier to approve the minutes of the April 18 Regular Meeting and April 25 Special Meeting. The motion was seconded by Trustee Nichols-Scott and carried with a vote of S ayes and 0 nays. PRIVILEGE OF THE FLOOR: Grass: Supervisor Schwartz said that a law had been passed last year to address lawn maintenance and asked if it is being enforced. Attomey Miller said that he and the CEO met about it this moming. Mayor Braun said that notifications are being sent to offenders. Mobile Food Vendor/Peddler Law Amendment: Sue Kingsbauer noted that as an official vendor at a show in Virginia, her family was required to pay a permit fee of $35. The permit was good for one year and the fee didn’t change because they only needed it for one weekend. Diane Moore asked about kids having a sale that may not be part of a specific organization. Attomey Miller said people under the age of 18 are exempt. Tim Moore asked how non-profit status is determined. Attorney Miller said there are 7-8 requirements listed in the law to demonstrate it. Sarah Fargnoli spoke in favor of allowing residents to rent their property for sales. There was a discussion about enforcement since many vendors arrive on the day of the festival and that the Village Code Enforcement Officer would enforce it. Attomey Miller added that this is an issue with many laws; they are only as good as the enforcement power. Mrs. Fargnoli asked if the proposed law would be up for public vote. Attorney Miller noted that itis decided upon by the Board of Trustees rather than by public vote. Shirley Piccarreto understood that someone could come in on the day of the festival and obtain a permit. Sue Kingsbauer asked how long it would take. Attorney Miller said it would likely depend upon the efficiency of the applicant and whether they have all of the required items. Tim Moore asked if permit fees had been weighed against the cost of enforcement. Trustee Nichols-Scott said that ideally it would be worked into the regular schedule by shifting days worked within the workweek. Brian ‘Schenk asked if the requirements for a permit application in the current Peddling and Soliciting Law ‘would still apply if the amendment were passed this evening. Attorney Miller said that they would. ‘Mr. Schenk asked why the requirements are not being changed since that is what everyone is MINS-16-12 reg,Drali concerned with. Trustee Donadio said they are still included because it was missed. Trustee Williams suggested tabling it tonight until we get our ducks in a row. There was applause from many attendees. Mayor Braun introduced Cliff Schwartz who he asked to speak regarding earlier days of the festival. Mayor Braun noted that the Village originally sponsored the festival. Any money that came in was used to improve the festival the following year. The Fire Department ran the carnival, Mr. Schwartz said that vendors were required to be sponsored by an organization in order to be in the festival. He said at some point it was decided this wasn’t good enough. Then he began vending from his own property. Mrs. Schwartz stated that they also rent property to other vendors and provide garbage pickup for them. She asked if garbage pickup would be provided if a permit fee were paid. Trustee Nichols-Scott noted that the Village fee should not be confused with the Grape Festival. The Grape Festival rents two extra dumpsters for those that are not as responsible as the Schwartz’s. Many people renting lawns are already using the dumpsters paid for by the festival. Mrs. Schwartz discussed that there are Dept. of Health requirements wherever they go and they, themselves, require insurance of vendors renting their property. She added that even pie bakers should have a certified kitchen. Trustee Donadio said that he thinks the Village should not be involved in these things since they are already required. Rosemary Hooper noted that visitors park far from the site and enjoy seeing the people and sales as. they walk along the route, Trustee Nichols-Scott said that the purpose of the amendment was to raise funds from people who come from out of town and set up on lawns. The amended law doesn’t stop residents from selling their own goods. It was discussed that the fee would apply to each property rather than each vendor. Mona Sage- Cardinale noted that the cost for an insurance rider is about $20 per festival and suggested thatthe fee be no more than $30 since it is in addition to the rider. Lauren Sherwood asked why the Village doesn’t sponsor the Grape Festival. Bob Trischler said it started out with hundreds of people involved, then it became 4-5 people running it. He added that if the outside vendors were taken away it would kill the festival, Mayor Braun said we need to let people do their own thing on their lawns. The festival needs to diversify. He suggested tabling or starting over. There was a discussion that issuing a permit would not create an assumption of liability for the Village. Jeni Makepeace noted that she has sold pies at her aunt’s property on Main Street for 10 years and has always been generous to the community and is happy to contribute to the Village. She is concemed that this is coming around in a negative way and it can be dealt with by working together. She submitted a petition with 375 signatures in favor of keeping things the way they are. A motion was made by Trustee Williams to table the topic. ‘Trustee Frappier seconded the motion. ‘Mayor Braun said it would be tabled until we can get something drawn up to answer these questions. Trustee Donadio said we need to let Mr. Sherwood have his BBQ. Trustee Nichols-Scott noted that according to the zoning regulations in place now, we couldn't. Trustee Donadio indicated that if we don't, it could be seen as selective enforcement. Mayor Braun noted that the BBQ would have been a full-time vs. a temporary operation. Tim Moore said that the Village should be more open to new businesses. Mona Sage-Cardinale added that the arts & crafts festival was moved to the back of the property because of the Village. She feels this ruined the economic viability of the property and business because the parking should be in the back. The aforementioned motion carried with a vote of 5 ayes and 0 nays. MINS-16-12 reg 2Drati DEPARTMENTAL REPORTS ZONING: Report: Trustee Donadio referred to the monthly report, attached. A more detailed report is being implemented jin June. Planning Board member Shirley Piccarreto said that CEO O’Hearn has been compiling Comprehensive Plan information for the Planning Board. PUBLIC SAFETY: Quint Financing: Trustee Nichols-Scott reported that we have a request from Fire Chief Elwell to transfer unexpended funds to reserves and information regarding an updated amortization schedule for the new quint. Clerk Hicks discussed that the repayment schedule for the quint originally called for the first principal payment to be in the fall of 2013 and was, therefore, not budgeted for year-end 5/31/13. It was suggested by Municipal Solutions that it be changed to be in May of 2013 since the fiscal year ends on May 31. This helps with lowering interest paid and cash flow because fire contract revenues aren't realized until after the first of the year. Since closing on the short-term financing isn’t happening until June, after the start of the 2012-2013 fiscal year. There is $25,000 in the debt service account in the current budget, which could be transferred to reserves to accommodate the change. This is what is being requested. A resolution was passed to make the transfer to reserves for the quint payment as rescheduled by Municipal Solutions, attached. Crossing Guards: Trustee Nichols Scott reported that all the regular Guards are back on duty and Sally Keppen will be out for about 3 days at month-end. Jeff Ditmars is scheduled to substitute during that time. Quint Arrival: Mayor Braun asked about the status of the truck. Bob Trischler noted that the Truck Committee visited the manufacturer to conduct the final inspection and it is slated to be here for Memorial Day. It will be put into service shortly thereafter. : Trustee Frappier referred to the monthly report, attached. Flowers: On behalf of the NVVA Shirley Piccarreto asked about the budget for flowers. They would like to assist with this. Supervisor Schwartz said that this would be very helpful. He said that keeping the hanging plants watered is a big problem on weekends. It was discussed that volunteers would not be able to use Village equipment to do this, however. Brush Pickup: Supervisor Schwartz noted that brush is piling up and reported that one property recently produced 6 six-wheel dump truck loads that were taken to the transfer station. ‘There was & discussion that the piles are made up of a lot. cof material other than brush. Curb Cuts: Supervisor Schwartz noted that the curb cuts that the DPW is working on in front of the grocery store are being done legally. He said the Village is being compensated for the material and equipment and the labor is paid through taxes. He wanted to have it done prior to the NYSDOT Rt. 21 resurfacing project. It was discussed that the curbs and sidewalks were tured over to the Village after they were installed and are now our responsibility to maintain, MINS-16-12 reg