A regular meeting of the Village of Victor Board of Trustees was held on
Monday, May 4, 2015 at the Village Hall, 60 East Main Street.
MEMBERS PRESENT:
MEMBERS ABSENT:
Deputy Mayor
Trustee
Trustee
Trustee
Director of Public Works
Attorney
Village Clerk
Brad Pearson
Larry Rhodes
Gary Hadden
Jason Shelton
John Turner
Reid Holter
Pamela Hogenes
Mayor
Jason Ashton
OTHERS PRESENT: Michaeleen Broyles, Penelope Martin, Mike Yarger, John Broyles,
Sue Stehling, Jack & Barbara Clarcq, Marsha Senges, Mitch Donovan, Ruth Nellis, Dave
Nellis, Dawn Sereno, Kennedy Sareno, William O’Brien, Kim Yattaw, Jeff Bauman, Michael
Gleason, Rachel Hine, Patrick Gleason and John McDonald, Steve Lamarco, Joe Murphy,
Mark Eifert, Linda Tice, Sean McAdoo, Sean Kennedy and Justin Kennedy, Victor Fire
Dept.
Meeting was called to order by Deputy Mayor Pearson at 7:00pm.
Salute to the flag.
Privilege of the Floor
Chief Joe Murphy, VFD introduced his line officers for 2015.
Resolution #80-15
Fire Department Appointments – Chief & Officers
On motion of Trustee Gary Hadden, seconded by Trustee Larry Rhodes the following
resolution was ADOPTED 4 AYES 0 NAYS
Resolved, that the Village of Victor Board of Trustees appoints the following officers of
the Victor Fire Department from May 1, 2015 to April 30, 2016:
Chief: Joe Murphy
1st Assistant Chief: Sean McAdoo
2nd Assistant Chief: Mark Eifert
1st Captain: Sean Kennedy
2nd Captain: Linda Tice
1st Lieutenant: Steve Lamarco
2nd Lieutenant: William Saar, Jr.
3rd Lieutenant: Justin Kennedy
Fire Police Captain: John McDonald
****
Deputy Mayor Pearson thanked the volunteers for their service.
Jeff Bouman, Manager, Victor Vapes introduced the owner of Victor Vapes, Mike
Gleason. Mr. Bouman explained he is opening up his business on May 18. The business
sells electronic cigarettes and accessories.
Mr. Bouman stated his business strictly adheres to the New York State regulations
regarding these products and he and Mr. Gleason go above and beyond what is requires
by law especially regarding minors. No one under 18 can purchase or sample the
products, nor do they allow parents of minors to purchase these items for them.
Victor Vapes does not carry any tobacco products, pipes, drug paraphernalia, etc.
Mr. Bouman and Mr. Gleason are both former smokers and found using e-cigarettes
helped them stop smoking and those are the adults they are targeting for their business.
Public Hearing
Moratorium – Vapor Merchandise, tattooing and pawning
“PLEASE TAKE NOTICE that the Board of Trustees of the Village of Victor will hold a
public hearing at the Village Hall, 60 East Main Street, Victor NY on Monday, May 4, 2015.
The public hearing will commence at 7:00pm. The purpose of the public hearing will be to
solicit comments from the public as to whether the Village of Victor should enact a local
law imposing a temporary moratorium prohibiting any new businesses within the Village
whose business includes the sale of Vapor merchandise, tattooing or pawning goods, for
the shorter of (1) one hundred eighty (180) days or (2) such time as the Village has
reviewed and enacted new regulations for such businesses.”
Open Public Hearing
On a motion made by Trustee Gary Hadden, seconded by Trustee Jason Shelton, the
following resolution was ADOPTED 4 AYES 0 NAYS
Resolved, that the Village Board of Trustees will open the Public Hearing.
Deputy Mayor Pearson explained that the moratorium is only addressing future Vapor,
Tattoo and Pawning businesses.
Deputy Mayor Pearson stated we are doing this based on the concerns from the
Community and after reviewing the codebook felt the section relating to permitted,
regulated or prohibited businesses needed to be updated.
Deputy Mayor Pearson asked for comments from the Board.
Mr. Rhodes noted that since minors cannot be served, why would they go in there at all?
Mr. Bouman stated maybe with a parent? Mr. Bouman also stated the store does not
encourage children to come in there, they do not sell candy, soda, etc.
Mr. Hadden asked what other items are sold besides the e-cigarettes? Mr. Bouman stated
the accessories that are used with the e-cigarettes, the liquid, etc. Mr. Hadden asked if
Mr. Bouman operated his business similar to other vape shops. Mr. Bouman thought so.
Mr. Bouman stated he has signs posted on his door regarding minors.
Mr. Shelton asked Mr. Bouman if he would discourage customers from smoking their ecigarettes outside his front door on the sidewalk. Mr. Bouman stated “no”. Mr. Shelton
asked how Mr. Bouman’s other store in Fairport was received by the public. Mr. Bouman
stated he was very happy with the reception he’s received from the residents and
business owners. Mr. Bouman stated they worked with the School District, Police Dept.
and Public Health officials in Fairport.
Mr. Shelton asked if Mr. Bouman has spoken to anyone on the Victor School Board. Mr.
Bouman stated he had not, but welcomed them to contact him.
Deputy Mayor Pearson asked for comments from the Public.
Jack Clarcq, 97 Hillcrest Dr., felt it would be better if Mr. Bouman reached out to the
School instead of waiting for them to contact him. Mr. Clarcq asked if Mr. Bouman knew
of any public health studies done on the negative or positive impact on e-cigarettes? Mr.
Bouman stated he will reach out to the School after the get opened. Mr. Bouman
encourages studies to be done. Mr. Bouman was aware of a study regarding traces of
formaldehyde in a very rare group of these products. But as a whole, the studies prove in
favor of this alternative to smoking tobacco.
Ruth Nellis, 93 E. Parkway, asked Mr. Bouman to describe the interior of his store. Mr.
Bouman stated the liquids and products are displayed. There is a sample counter, for
people to try the flavors. ID needs to be shown to sample any of the products.
No TV, no “lounge” type area.
Penelope Martin, 19 Alpine Way, asked how they were going to detect fake ID’s and, if
the Vaping business doesn’t do well, would they consider expanding their business to
include drug paraphernalia? Mr. Bouman stated there are ways to catch a fake ID, but
just like a bar owner, it isn’t always foolproof, but they will do the best they can.
As far as expanding, Mr. Bouman has no plans at the moment to make any changes to
their product line, but they may consider it in the future.
Michaeleen Broyles, 68 Cobblecreek Rd. read a prepared statement regarding her
personal involvement with the improper use of e-cigarettes by minors. Ms. Broyles also
noted this seems to be a big problem within the Victor School system and the Victor Bus
system. Ms. Broyles stated in Victor, these devices are treated the same as tobacco
products, but in Fairport, they are treated as drug paraphernalia. Ms. Broyles agrees with
the Fairport decision. Ms. Broyles noted there could be other liquid in the cartridges such
as marijuana oil. Ms. Broyles does not feel a vape shop is the right type of business to be
put on Main St. Mr. Bouman reiterated that this is a product for adults. Like anything
else, if kids want it, they find a way to get their hands on it when they shouldn’t.
Mr. Bouman shared his personal success with quitting smoking tobacco using e-cigarettes.
Mr. Bouman stated their business is geared towards helping people quit smoking tobacco
or using tobacco products. Mr. Bouman thanked everyone for their comments.
Mike Yarger, 294 Landing Road South, Rochester. Mr. Yarger spoke against the
temporary moratorium. Mr. Yarger stated any person can speak out against any type of
business anywhere in the Country and feels it’s not right to prohibit any type of business
to open. Mr. Yarger noted the consumer will vote with their pocketbook and if the
business doesn’t succeed it will eventually go out of business on its own and Government
shouldn’t make that decision.
Kennedy Sereno, 6214 Silver Birch Dr. Farmington, attended school in Victor and college
in Oswego. She stated Oswego used to be gorgeous, but has gone downhill because they
are allowing businesses like pawn shops and tattoo parlors in the Village and she doesn’t
want to see that happen in Victor.
Randy Shea, 50 W. Main St. stated he has read pros and cons on Vape shops. Mr. Shea
noted there is a tendency for youth to use these products that are not good for them, but
feels the same about guns, they too, can be bad if they get into the wrong hands. Mr.
Shea feels some responsibility needs to be placed on the families, schools and churches to
educate the youth on values. Mr. Shea believes in free market and doesn’t feel
Government should regulate businesses.
No further comments from the public
Deputy Mayor Pearson asked the board if they had any further comments.
Mr. Hadden feels the moratorium needs to be put in place so the board can research
these businesses further to make a determination to allow future Vape Shops, Tattoo
Parlors or Pawn Shops, to prohibit them or to regulate where in the Village they can go.
Mr. Rhodes also agrees with free market, but still feels the moratorium needs to be
approved. Mr. Rhodes noted the tattoo parlor has been in the Village for 12 years and
have been no problem.
Mr. Shelton thanked everyone for coming. Mr. Shelton also agrees with free enterprise,
but agrees with the moratorium to research these businesses in particular and take time
to look at how we want the Village to look going forward.
Marsha Senges, 1231 Wellington Dr. asked if there were any prohibited business in the
Village currently? Deputy Mayor Pearson stated Adult Entertainment businesses are
prohibited. And Fast Food Chains are regulated in certain districts.
Mr. Yarger asked by Trustees Hadden, Rhodes and Shelton can’t research these
businesses without imposing a moratorium? Deputy Mayor Pearson stated he, too was in
favor of the moratorium. Deputy Mayor Pearson noted they are elected officials and are
obligated to take into consideration both viewpoints on the subjects.
Close Public Hearing
On a motion made by Trustee Larry Rhodes, seconded by Trustee Gary Hadden, the
following resolution was ADOPTED 4 AYES 0 NAYS
Resolved, that the Village Board of Trustees will close the Public Hearing.
Resolution #81-15
Vapor merchandise, tattooing and pawning - Moratorium
On motion of Trustee Gary Hadden, seconded by Trustee Jason Shelton the following
resolution was ADOPTED 4 AYES 0 NAYS
Whereas, the Village of Victor is in the process of reviewing the regulations pertaining to
the sale of vapor merchandise, tattooing or pawning of goods in the Village; and,
Whereas, it is anticipated that new regulations regarding the operation of such
businesses will be enacted within the next one hundred eighty (180) days; and,
Therefore the Village Board of Trustees of the Village of Victor hereby enacts the
following local law:
That, for a period not to exceed one hundred eighty (180) days from the date of
enactment of this local law, #2-15, no business may begin to sell vapor merchandise,
tattooing or pawning of goods.
This local law, #2-15, shall remain in effect for one hundred eighty (180) days, or until
such earlier time as the Village enacts new regulations regarding the sale of vapor
merchandise, tattooing or pawning of goods in the Village.
****
Clerk Report
Resolution #82-15
Payment of Bills
Whereas, the Village Board of Trustees has audited and approved invoices for payment,
that appear on Abstract #22, using vouchers #1504-1570; and, (glitch in software, gap in
voucher sequence from Abstract #21)
NOW, therefore on a motion made by Trustee Jason Shelton, seconded by Trustee Larry
Rhodes, the following resolution was ADOPTED 4 AYES 0 NAYS
Resolved to authorize the Treasurer to pay invoices from Abstract #22 in the following
amounts:
General
Water
Sewer
HE – Huxley Way Reconstruction
HF – Duxbury Circle Reconstruction
TOTAL
$ 25,852.15
$ 1,086.04
$ 6,526.07
$
770.00
$
770.00
$ 35,004.26
****
Resolution #83-15
Unpaid Bills to Ontario County for Relevy on Village Taxes
On a motion made by Trustee Gary Hadden, seconded by Trustee Jason Shelton, the
following resolution was ADOPTED 4 AYES 0 NAYS
Resolved, that the Village of Victor Board of Trustees authorizes the Village Clerk to turn
over to Ontario County the unpaid amounts for water charges, $29,222.32, for sewer
charges $35,568.64, to be levied onto the 2015-2016 Village Taxes.
****
Resolution #84-15
Tax Collection
On motion of Trustee Larry Rhodes, seconded by Trustee Gary Hadden, the following
resolution was ADOPTED 4 AYES 0 NAYS
WHEREAS, the Village Board of the Village of Victor approves Canandaigua National
Bank to act as an agent for the Village of Victor and collect Village Taxes for the fiscal
year 2015-2016 during the month of June; and
WHEREAS, the Canandaigua National Bank will accept tax bills from June 1st through
June 30th, full payments only (no installment payments); and will deposit these payments
to the Village of Victor Municipal Choice Account on the following business day and notify
the collector with an itemized listing of taxes received; and
WHEREAS, Canandaigua National Bank will not accept copies of tax bill, payments must
be made with original bill; now, be it
Resolved, that Canandaigua National Bank will be accepting tax bills for the Village of
Victor during the month of June 2015 with no expense to the Village; and, be it further
Resolved, that a copy of this resolution be forwarded to Canandaigua National Bank and
Pamela Hogenes, Tax Collector.
****
Resolution #85-15
Car Wash, Victor Baseball Booster Club
On motion of Trustee Larry Rhodes, seconded by Trustee Jason Shelton the following
resolution was ADOPTED 4 AYES 0 NAYS
Resolved to give permission to the Victor Baseball Booster Club to hold a car wash in the
Village Hall parking lot on May 9, 2015 subject to the Victor Baseball Booster Club;
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signing the hold harmless agreement
submitting proof of insurance
paying a water usage fee of $25.00
using bio-degradable, environmentally friendly soap
****
Resolution #86-15
2014-2015 Village Tax Bill Adjustment – 23 Kent Drive – Bethel
On motion of Trustee Jason Shelton, seconded by Trustee Gary Hadden the following
resolution was ADOPTED 4 AYES 0 NAYS
Whereas, Ontario County received an application from Kirk and Nancy Bethel for
corrected tax roll for the 2014-2015 Village of Victor village taxes,
Whereas, the property at issue is located at 23 Kent Drive, in the Village of Victor and
bears tax map identification number 28.06-2-35.000,
Whereas, as a result of the investigation of Ontario County Real Property Tax Services, it
was determined that the applicants, the owners of the subject property, had been entitled
to and were granted a War Veteran Exemption (RPTL Section 458a) for the 2013
assessment roll for Village taxing purposes,
Whereas, due to a clerical error, the War Veteran Exemption was not entered on the
assessment roll,
Whereas, the exemption which should have been granted amounted to $21,150.00,
Whereas, the application of the exemption shall result in a decrease in taxable value of
the subject property to $119,850.00 and a Village tax refund of $90.94, and
Whereas, the Ontario County Real Property Tax Services Office has confirmed these
facts, and a copy of their letters as well as the exemption application was forwarded to
the Village of Victor and reviewed by the Board,
NOW, THEREFORE BE IT HEREBY RESOLVED
That the Village of Victor amend the 2014-2015 tax bill for property located at 23 Kent
Drive by applying the War Veteran Exemption and thereby reducing the tax bill to $515.36
and issuing a refund check for $90.94.
****
Resolution #87-15
2014-2015 Village Tax Bill Adjustment – 1320 Wellington Drive – Remington
On motion of Trustee Larry Rhodes, seconded by Trustee Gary Hadden the following
resolution was ADOPTED 4 AYES 0 NAYS
Whereas, Ontario County received an application from Stephen and Sandra Remington
for corrected tax roll for the 2014-2015 Village of Victor village taxes,
Whereas, the property at issue is located at 1320 Wellington Drive, in the Village of
Victor and bears tax map identification number 27.36-1-6.000,
Whereas, as a result of the investigation of Ontario County Real Property Tax Services, it
was determined that the applicants, the owners of the subject property, had been entitled
to and were granted a War Veteran Exemption (RPTL Section 458a) for the 2013
assessment roll for Village taxing purposes,
Whereas, due to a clerical error, the War Veteran Exemption was not entered on the
assessment roll,
Whereas, the exemption which should have been granted amounted to $25,290,
Whereas, the application of the exemption shall result in a decrease in taxable value of
the subject property to $143,310 and a Village tax refund of $108.75, and
Whereas, the Ontario County Real Property Tax Services Office has confirmed these
facts, and a copy of their letters as well as the exemption application was forwarded to
the Village of Victor and reviewed by the Board,
NOW, THEREFORE BE IT HEREBY RESOLVED
That the Village of Victor amend the 2014-2015 tax bill for property located at 1320
Wellington Drive by applying the War Veteran Exemption and thereby reducing the tax bill
to $616.23 and issuing a refund check for $108.75.
****
Resolution #88-15
2014-2015 Village Tax Bill Adjustment – 27 Rothbury Circle – Saunders
On motion of Trustee Gary Hadden, seconded by Trustee Jason Shelton the following
resolution was ADOPTED 4 AYES 0 NAYS
Whereas, Ontario County received an application from Kevin and Julie Saunders for
corrected tax roll for the 2014-2015 Village of Victor village taxes,
Whereas, the property at issue is located at 27 Rothbury Circle, in the Village of Victor
and bears tax map identification number 28.09-1-55.000,
Whereas, as a result of the investigation of Ontario County Real Property Tax Services, it
was determined that the applicants, the owners of the subject property, had been entitled
to and were granted a Combat Veteran Exemption (RPTL Section 458a) for the 2013
assessment roll for Village taxing purposes,
Whereas, due to a clerical error, the Combat Veteran Exemption was not entered on the
assessment roll,
Whereas, the exemption which should have been granted amounted to $60,000,
Whereas, the application of the exemption shall result in a decrease in taxable value of
the subject property to $266,000 and a Village tax refund of $258.00, and
Whereas, the Ontario County Real Property Tax Services Office has confirmed these
facts, and a copy of their letters as well as the exemption application was forwarded to
the Village of Victor and reviewed by the Board,
NOW, THEREFORE BE IT HEREBY RESOLVED
That the Village of Victor amend the 2014-2015 tax bill for property located at 27
Rothbury Circle by applying the Combat Veteran Exemption and thereby reducing the tax
bill to $1,143.80 and issuing a refund check for $258.00.
****
Ms. Hogenes stated she received correspondence from Time Warner that the proposed
deal with Comcast has been terminated and Time Warner will continue the franchise fee
agreement with the Village.
Ms. Hogenes noted the Economic Development/Local Development office will provide a
monthly report to the boards on activities through their office including potential new
businesses.
Director of Public Works Report
Mr. Turner provided the following report:
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The DPW replaced a water valve on Valley View Dr. that was sheared off
this should alleviate the water loss we have been experiencing
On Valley View and Hillcrest a valve on the Main that was bad and that was
repaired.
UFPO have not been doing the stakeouts in a timely manner and Mr. Turner
will meet with them next week.
Poured gutters on Duxbury and Huxley.
Two laborers will get safety training on the bucket truck on Thurs. and be
certified.
Trustee Reports
Larry Rhodes – Mr. Rhodes read the following resolution into record:
Resolution #89-15
Tree Board Appointment – Robert (Bob) Haggett
On motion of Trustee Jason Shelton, seconded by Trustee Gary Hadden, the following
resolution was ADOPTED 4 AYES 0 NAYS
Resolved that the Village of Victor Board of Trustees will appoint Bob Haggett to the
Tree Board for a term of three (3) years expiring April 2018.
****
Mr. Rhodes thanked Mr. Turner for his help with the Arbor Day celebration. Two
Dogwood trees were planted in Mead Park. The next Tree Board meeting is Wed. May 6.
Mr. Rhodes had questions for Chief Murphy regarding the Asst. Chief’s vehicle that the
Fire Department is replacing. Mr. Rhodes felt the reason for purchasing the vehicle was
because there was an excess in the FD operating budget. Chief Murphy stated it was
because the current vehicle was having mechanical issues and the repairs were becoming
costly. Chief Murphy stated the consultants on the apparatus study suggested replacing
the Chief’s vehicles every 8 years. The vehicle that is being replaced is 11 years old with
88,000 miles on it. Chief Murphy stated there was cost savings this year in the FD budget
and felt this was good use of the excess.
Mr. Rhodes felt the purchase of a vehicle would be a capital purchase and should not be
taken out of the operating budget. Mr. Rhodes noted the savings on gas and electric this
year and attributed that to the solar panels the Village purchased with the help of a grant.
Mr. Rhodes feels that saving should have been passed on to the tax payers, not used to
purchase a vehicle.
Mr. Rhodes stated we budgeted $18,000 for turnout gear, but only spent $8,000. Chief
Murphy noted that the budget is put together 22 months before it takes effect, so it’s hard
to gage every year. Chief Murphy noted the turnout gear is lasting longer than expected.
Deputy Mayor Pearson interjected and stated this discussion was not on the agenda and
Chief Murphy could not be prepared to answer.
Mr. Rhodes apologized for not being present at the April 20 meeting and could not
comment at that time.
Mr. Rhodes and Chief Murphy will discuss at another time.
Jason Shelton – Mr. Shelton read the following resolution into record.
Resolution #90-15
Urban Renewal Agency Appointment – Michelle Chalupa
On motion of Trustee Gary Hadden, seconded by Trustee Larry Rhodes the following
resolution was ADOPTED 4 AYES 0 NAYS
Resolved that the Village of Victor Board of Trustees will appoint Michelle Chalupa to the
Urban Renewal Agency (URA) for a term of three (3) years expiring April, 2018.
****
Mr. Shelton stated he attending the monthly Victor Farmington Library meeting. Mr.
Shelton noted the library is running out of space and are considering a shed outside the
library for storage and will be contacting the URA to discuss.
Mr. Shelton stated on Friday, May 8, the Victor Junior High will be re-designated at a
School to Watch, this is the 4th time the VJH has received this recognition.
Resolution #91-15
SPECIAL RECOGNITION – VICTOR CENTRAL SCHOOLS
On motion by Trustee Gary Hadden, seconded by Trustee Jason Shelton, the following
resolution was ADOPTED 4 AYES 0 NAYS
Whereas, Victor Junior High School has been designated as an Essential Elements:
Schools to Watch school for the fourth time; and
Whereas, both Victor Junior High and Senior High Schools were designated as Reward
Schools for High Performance by the New York State Education Department in 2013; and
Whereas, Victor Central Schools has been named by the College Board to the Advanced
Placement Honor Roll; and
Whereas, Victor Central School students have won numerous academic recognitions and
athletic championships, now, be it
Resolved, that the Victor Village Board recognizes the outstanding accomplishments of
the students, teachers and staff of the Victor Central School District; and be it further
Resolved, that certified copies of this resolution be distributed to Superintendent of
Schools Dawn Santiago-Marullo, Junior High Principal Brian Gee and Senior High Principal
Yvonne O’Shea.
****
Mr. Shelton has been asked to spearhead a National Night Out event in the Village. The
event is August 4th. National Night Out is a community event with law enforcement, fire
department, EMS, etc. Mr. Shelton stated there are no costs associated with the event.
Chief Murphy provided some history on the start of National Night Out noting it started in
the larger cities to get residents to engage with the police dept., fire dept. and other
public safety officials. Chief Murphy feels Mayor Ashton would like more community
events in the Village.
Gary Hadden – Mr. Hadden stated he Parks and Rec have put together a sub-committee
to make Victor a more walkable community, mainly relating to new developments. The
committee is looking to see if the Town can incorporate bike paths along with sidewalks.
Deputy Mayor Report
Deputy Mayor Pearson stated the Sustainability Committee is reviewing the Town’s Comp
Plan.
Attorney Report
None
Adjournment
Meeting adjourned on motion at 8:25pm.
Pamela Hogenes, Village Clerk