February 14, 2006
A much smaller crowd shows up for the third hearing on snowmobiles.
No vote happens tonight. Perhaps the board would prefer to wait
until after the village elections to make the decision. Are
they hoping to avoid fallout at the polls? They give absolutely
no hint as to the future of the snowmobile proposal. Virtually
every question raised at the December public hearing remains
unanswered. In full campaign mode, Trustee Gary Smith - who
has by far the worst attendance record of any other board member
- talks on and on and on and on about $7.25 million in debt
the village has incurred for their various projects. He suggests
that the village will need to raise rates annually in the future
to avoid sticker shock for the various ongoing projects.(Is
this his re-election platform - I promise annual rate increases?!?)
Of the $3.6 million bonded for the village hall, only $436,000
remains. Gary suggests it can go towards an elevator, windows
and doors for the Firehouse. Gary says the Firehouse and other
projects were planned four or five years ago before the Gulf
War. (He's blaming the village's fiscal woes on the Gulf
War now??). He admits that the future of the village court
is still undecided. Click HERE
to read some of what he and the village treasurer had to say.
January 10, 2006
Both mayor Marchionda and Willie Allison announce that they
are running for re-election. The seats of three trustees and
the mayor will be decided in a village election on March 21st.
The oft-discussed snowmobile resolution comes before the board.
Once again, attorney Brockman claims that language in the proposed
local law that references a "connector through Lakeview
Cemetery" for snowmobiles would not legalize snowmobiles
in the cemetery, even though the board has staked red flags
along a route in the cemetery. Trustee Willie Allison suggests
that the snowmobile resolution be tabled. Perhaps he realizes
that, with both Norm Koek and Gary Smith absent, there is a
distinct possibility that the resolution could fail, particularly
if he were to recuse himself from voting. Randy Schwingle suggests
that the wording concerning the cemetery be stricken from the
proposed local law. The attorney suggests that the board schedule
another public hearing (the third on the subject) for next month,
and submit a revised snowmobile proposal to both the village
planning board and the county planning board. Willie Allison
makes the motion recommended by the village attorney, but without
the referral to the village planning board. A year ago, the
village planning board unanimously voted not to recommend
allowing snowmobiles on the Outlet Trail. Allison's deliberate
by-passing of the village planning board seems to be an obvious
attempt to avoid the embarrassment of this happening a second
time. Board members hem and haw about the fate of the old police
station on Basin Street. Trustee Michael Christensen wants to
see the building bulldozed to the ground and turned into a parking
lot, while others suggest that it could be sold, refurbished,
and turned into a retail store or office space. The original
building proposal - a campaign promise - called for the Basin
Street building to become the new site of village court and
for extensive renovations at the Firehouse. Ironically, the
same men are running for re-election, four years have passed,
and this campaign promise remains unfulfilled.
December 13, 2005
The public hearing on a proposed amendment to the parks
and playground chapter of the village code which would allow
snowmobiles on the Outlet Trail, in the Elm Street Sports Complex,
and through a connector trail in Lakeview Cemetery, comes to
a late start as some board members are tucked away in a back
room conferring with the village attorney. The meeting starts
off with Trustee Willie Allison explaining all the different
routes through the cemetery which the parks and recreation committee
considered. Attorney Edward Brockman argues that the proposal
doesn't legalize snowmobiles in the cemetery, even though it
contains wording which references a connecting snowmobile trail
through the cemetery. Over 30 individuals speak in what is an
overflow, standing-room-only crowd. Unlike back in January of
this year, when another hearing was held on the same subject,
this time around speakers aren't required to come up to the
front of the room and speak into a microphone. Consequently
more talk. Those who voice opinions are about equally divided
between being in favor of the proposition and voicing opposition
to it. After the hearing adjourns and only four citizens are
left in the audience, trustee Michael Christensen suggests that
the board ought to vote on the proposal at their December 19th
special meeting. However, it's not clear when a vote will happen.
The proposal still has to be heard by the county planning board.
November 8, 2005
The village board sets a public hearing date of December
13th for a proposal to amend the village code to allow snowmobiles
in village parks. During a testy exchange, Mayor Marchionda
defends his decision to bypass the village planning board, saying
that the village planning board is "too busy" to look
at the snowmobile proposal. When asked when the village planning
board said they were too busy, the mayor says "get the
minutes from their meetings". (Having done so, no such
reference was ever made). The parks and recreation committee
started back at square one with this proposal early this year,
revamping the proposal and looking at a different environmental
assessment form. Although the Parks and Recreation Committee
promised at the end of their September 28th meeting that the
proposal would go to the village planning board, the mayor apparently
has different ideas. One can only conclude that he knows that
there is a high likelihood that, once again, the village planning
board will refuse to recommend the change allowing snowmobiles
in the village. If Mr. Marchionda is so confident that this
proposal will benefit village residents, he should have no fear
of receiving input from the village planning board. Purposely
bypassing them to avoid negative comments is disgraceful, and
another example of how the mayor is determined to get this legislation
passed at all costs.
September 13, 2005
The Village Parks & Recreation Committee meets to discuss
the proposal to open a snowmobile route through the village.
Committee members describe a route through Lakeview Cemetery,
parallel to Route 54A, and then northward, running about halfway
up the length of the cemetery, inside the cemetery itself. The
committee refuses, when asked, to consider restricting the proposed
hours of snowmobile operation, which are currently slated to
be 6am to 11pm. When told that snowmobiles may not have permission
from the farmer adjacent to the cemetery to cross his land,
the village attorney replies that "It's not our problem",
since the farmer's land is outside the village. When asked about
the dusk to dawn curfew in the cemetery and how the village
would stop snowmobiles from running all over the cemetery grounds
at night, committee members say that those who violate the rules
will be stopped. (Although the village has no snowmobile patrol).
The committee refuses to address a stack of comments from six
sound consultants who have said that the proposed snowmobile
trail will result in increases beyond the background noise of
up to 30 decibels for neighboring property owners - a level
of increase defined as "unacceptable" by the New York
State Department of Environmental Conservation. Later on in
the evening, the village board holds a lengthy meeting. The
board moves to start proceedings to terminate the contract with
Data Ventures, Inc (DVI), the company that was going to bring
high speed internet access to the village over the power lines.
The company, started by Marc Burling and incorporated in Las
Vegas, has apparently skipped town. Back in March 2004, mayor
Marchionda said he "took offense" and got furious
when one village resident warned that the Las Vegas, Nevada
company was a fly-by-night risk and that previous Burling businesses
had quickly ceased operation. The village invested countless
hours installing hardware on utility poles and attorney time
negotiating a deal with the company, whose whereabouts are now
unknown. Trustees Gary Smith and Mike Christensen bicker about
the water bills at the ballpark. Christensen doesn't think the
Little League and Junior Football should pay for water (used
extensively on the fields to keep the grass green). Smith doesn't
think it's fair to ask village residents on fixed incomes or
those who may not have children to subsidize the two sports
clubs by footing their water bill.
August 9, 2005
Trustee Gary Smith notes that there are no rules in the
village code regulating yard sales. He claims that yard sales
can create a public safety hazard, particularly on his street
(East Main). Why should the village offer residents free advertising
for their yard sales on village telephone poles, he wonders.
He suggests that the village might consider requiring those
who hold yard sales to obtain (and pay for) a permit. Then,
the village could use the yard sale permit money to enforce
the village signage law, which is often broken by people posting
yard sale signs on telephone poles. Once again, the board discusses
the relocation of the village court. As part of the original
new village office project, the village court was going to be
relocated to Basin Street, at the site of the former village
police station. Now, the mayor says, the village is seriously
considering eliminating Penn Yan Village Court altogether. Any
cases that are currently tried in village court would be handled
by the respective township courts in Jerusalem, Milo, and Benton.
The mayor points out that no decisions have been made and everything
is still under consideration. Nancy Taylor says the village
will be holding talks with Yates County about the possibility
of moving village court to the Yates County Courthouse, although
she personally doesn't hold out hope that an agreement can be
reached with the county.
July 12, 2005
The board meeting is marked by some testy exchanges and uncharacteristic
displays of temper. (Temper flare-ups are not new - but they
are usually aimed at the public and not each other). One department
head expresses frustration at the slow place the board is proceeding
regarding the asbestos removal in the old village office, sparking
a lengthy discussion about what needs to be done with the Firehall,
the Maxwell Building, the old police station on Basin Street,
and the future village court. The village is going to talk to
Yates County about possible use of their facility for village
court. One board member suggests that the final decision on
this matter rests with Judge Falvey. The meeting drags on and
on as board members stumble over a motion regarding a beer tent
on Main Street at the upcoming Blues Festival. Trustee Gary
Smith points out that discussions would go more smoothly if
a representative from the sponsoring organization would come
to board meetings and be available to answer questions. Nancy
Taylor says that Chamber of Commerce president Mike Linehan
was invited to two public safety meetings but didn't show up.
Some wonder if her comments don't have more to do with the upcoming
legislature race than the issue at hand. (Smith, Linehan and
Taylor are all running for a seat on the county legislature
in the town of Milo).
June 14, 2005
The village board meeting drags on and on tonight with several
unprepared items brought before the board causing much disorganized
discussion and delay. When asked, the mayor says he doesn't
know if it takes four votes (a majority of total membership)
to pass a motion of the village board, or if only a majority
of those present is required. He refers the question to village
attorney Ed Brockman, who apparently doesn't know the answer
either. (Even those in the audience know the answer! Click HERE).
The village attorney says that the land the Community Center
wants to build their new multi-million dollar facility on at
Indian Pines Park was purchased for the park with state conservation
funds. Gary Smith presents a resolution to list as surplus the
Maxwell Building on Main Street and the old police station on
Basin Street. Mike Christensen says he feels blind-sided by
Smith's motion, which hasn't been discussed except in Gary's
committee and isn't even on the agenda. The board at one time
had talked about moving the village court to the Basin Street
location. The village attorney says that if the Maxwell Building
is to be declared surplus, then the village court must move
out tonight. Smith, with egg on his face, withdraws his various
motions. The board moves to declare the Owl's Nest a surplus
building. The Owl's Nest is the site of the former village Community
Center and has become a financial burden to the village. The
village board is eager to get rid of it as soon as possible.
Recreation Director Danny Doyle presents materials related to
a parks development grant which must be filed on June 30th.
Doyle doesn't have the proper paperwork to present to the board
and is sent out of the room three times to type up and prepare
the paperwork, delaying the end of this already dragged-out
meeting. Board members are left at the end of the meeting waiting
for Doyle to return with the finished paperwork. Perhaps this
unpreparedness would have been understandable had Doyle not
been a full time, paid village employee with his own office
and computer in the village hall, and presumably plenty of time
to prepare the paperwork prior to the meeting.
May 24, 2005
Gary Smith clarifies that the village has opened the bids
for the Firehall Project, but they have decided not to
accept the bids, since they came in at almost double the original
estimates. The building committee will go back and look at the
Firehall Project again, starting at square one. He said it is
even possible that the building committee might recommend that
a new Firehall be built at different location, since even after
the proposed renovations, the current Firehall will be out of
space. Smith says that the relocation of the village court will
be resolved within the next few months.
Amy Leisenfelder of the Penn
Yan Community Center Project makes a pitch to the board, saying
that the group now wants to build their community center on
village owned land in the woodsy area adjacent to Indian Pines
Park. These woods, currently home to an assortment of wildlife,
border both the Marsh and the Keuka Outlet channel. Leisenfelder
asks the board for a Letter of Commitment supporting the project
so the group can obtain a 40-year mortgage from USDA's Rural
Development Community Development Program. When asked, she claims
she doesn't know off the top of her head the total dollar value
of the mortgage sought. The environmentally sensitive land which
the group is seeking is comprised of wetlands and woods. This
wooded land would presumably have to be bulldozed down to the
ground in order to provide the group with the 1.5 acre site
they seek. Leisenfelder says that the group would have to maintain
a paid membership of 1000 - (20% of Penn Yan's population) -
in order to stay afloat. Although she presumably knew she was
making a presentation tonight and might face questions, she
says she did not come equipped to answer specific questions
about the funding sources for the project. The group is estimating
that their annual operating expenses will be $300,000 per year,
reduced down from an original estimate one year ago of $400,000
per year. Leisenfelder claims that they will raise $300,000
a year through fundraising, grants, and fees - yet she is unable
to provide a specific breakdown. Since she doesn't give specifics,
it's not clear if the estimates are realistic. What happens
if the group is unable to raise such a large sum of money on
an annual basis? What if they are unable to attract 1,000 paid
members per year? Will the village of Penn Yan make up the shortfall?
Trustee Gary Smith says that because the land the group wants
is along the waterfront, it is worth millions of dollars. He
questions the advisability of giving it away to a private organization
as a gift. He also questions the legality of forfeiting ownership
of the property. Other board members wonder if the village would
be stuck holding the bag and a multi-million dollar mortgage
if the Community Center should fold. The mayor says that once
the project is built on village property, it becomes village
owned. Others wonder if the village would have to come up with
comparable green space in exchange for turning village recreational
parkland over to a private organization. Board member Nancy
Taylor asks if the group has considered the possibility of building
their facility on privately owned land. Leisenfelder explains
that they have considered this possibility, but found the cost
to be prohibitive. The group doesn't want to purchase village
land, they only want to lease it and put a building on it. In
the end, the mayor asks the village attorney and the village
Parks & Recreation Committee to further study the proposal,
and no Letter of Commitment is forthcoming tonight.
May 10, 2005
The village announces the bids
which were recently unsealed for Phase II of the Penn Yan Fire
Hall Addition. The lowest bid totaled $898,100. Back on December
10, 2002 when these building plans were unveiled, the improvements
to the Fire Hall were estimated at $490,000. The bids announced
tonight represent an 83% increase over the original estimate.
At that time, fire contracts were said to cover 50% of the fire
hall improvements. The cost to the village taxpayers, per presentation
materials in 2002, was said to be zero. The board passes a resolution
setting the tax rate per thousand for each of the townships
in the village, with Milo set the highest at $17.34 per thousand,
a 6% increase over the prior year. During a discussion regarding
the parking situation on Liberty Street, Trustee Norm Koek reminds
Trustee Gary Smith that the parking problem has been discussed
for last six months, although Gary wasn't present at those meetings.
Willie Allison calls for an executive session to discuss the
blanket topic of "personnel". Allison is required
to be more specific in his motion and say if the board is going
to talk about matters leading to the appointment, employment,
promotion, demotion, discipline, suspension, dismissal or removal
of an employee . New York State has said that that any motion
calling for an executive session to discuss the blanket topic
of "personnel" is inadequate. The Open Meeting Law
is intended to protect privacy, not shield matters of policy
under the guise of privacy.
April 26, 2005
The board holds a hearing on the 2005-2006 village budget. There
had been talk of eliminating funding for one police officer;
the board opts not to do this. The board also moves to restore
full funding for the recreation director's position and to pull
$44,000 from capital reserves to decrease the projected tax
levy from 8% down to 6%. The request from the Gorham United
Methodist Church resurfaces. Church youth want to paint and
fix up porches and steps on homes of certain low income and
disabled persons in the village. They have requested a waiver
of two building permit fees. As in the previous meeting, Attorney
Brockman voices his objection to the motion. The measure passes
with the mayor casting the tie breaking vote. Trustee Christensen
announces that the Long Term Planning and Development Committee
is looking at zoning on Brown Street/Liberty Street/Route 14A.
The next meeting will be held on May 23rd, and the group is
open to feedback from the public on the issue.
April 12, 2005
The board unanimously votes to increase water and sewer
rates. The multimillion dollar surplus the water and sewer funds
enjoyed just three years ago is gone, gone, gone. Although the
hearing for the 2006 Budget is in just two weeks (April 26th),
no draft budget is handed out tonight. Rather than passing out
the draft budget, the mayor scribbles some budget numbers on
a blackboard. One scenario shows the tax levy increasing by
5.1%, the other by 7.5%. The numbers mean little without supporting
backup. The Gorham United Methodist Church requests fee waivers
for volunteer work they want to do in the community, fixing
up porches and steps of dilapidated houses belonging to low
income residents. Attorney Brockman voices his personal opinion
that he objects to waiving the fees because it would 'set a
bad precedent'. In turn, the board tables the matter. A motion
comes before the board to replace Director of Public Works Ed
Balsley's vehicle. This is the car he apparently drives back
and forth from his home in Geneva to work. When asked how many
miles are on the car he wants to get rid of, Balsley admits
the vehicle has only 33,000 miles. Although several people in
the audience are incredulous, the board votes unanimously to
replace the vehicle. Deputy Mayor Willie Allison talks about
how recent rainfall has over-taxed the village's 100 year old,
crumbling sewer system. Click HERE
for a recent photo of water pouring down into the Keuka Outlet
from the sewage treatment plant.
March 8, 2005
Mayor Marchionda angrily denies that snowmobiles will cut
through Lakeview Cemetery and calls "rumors" about
this "a bold
faced lie". Deputy Mayor Willie
Allison, who said at a February 8th village Parks & Recreation
Committee meeting that the village was looking at a possible
route through the Lakeview Cemetery "along the old road
and then back up onto Hunt's property", is not present
at tonight's meeting. Carl Sands, the snowmobile club president
who also commented at a January 17th special meeting of the
Penn Yan Village Planning Board that the snowmobile club was
working with the village on a route through the cemetery, is
in the audience but says nothing. The mayor is asked whatever
happened to Data Ventures Inc, the company run by Marc Burling.
The Las Vegas, Nevada Company made some spectacular claims that
they were going to "put Penn Yan on the map" by making
the entire village a "hot spot", servicing the village
with high speed Internet delivered from the village utility
poles. Municipal crews spent a great deal of time installing
hardware for the DVI project, as did attorneys who engaged in
lengthy contract negotiations. The village was supposedly going
to realize income by receiving 10% of the company's revenues.
The mayor refuses to respond to the question and directs the
questioner to "call DVI and ask them yourself". When
one calls the phone number listed on the DVI web site (315-335-9635)
one gets a recorded message that the number is no longer in
service.
February 8, 2005
Trustee Norm Koek makes a motion to go into executive session
without bothering to identify the purpose of the executive session
in his motion, as required by state law. (Click HERE
for more). A member of the public talks about the snowmobile
controversy. The board has held the public hearing, he says,
now it's time for them to make up their minds. They should quit
referring the matter back and forth to various committees and
simply make a decision. He points out that most residents of
the village oppose the snowmobile proposal. If the village wants
to be fair, he says, the board should put the matter up to a
referendum and let village voters decide. He also suggests that,
if the board feels it is necessary to hire an outside specialist
to help them with the snowmobile law, it is not fair to make
village residents pay the fee for the hired outside specialist.
(The Yates County Finance Committee asked the local snowmobile
club - not the taxpayers - to pay for the preparation of a similar
environmental study). The board totally ignores the comments
of the public speaker, and makes a motion to hire Lu Engineers
to the tune of $1,900 to help them out with the local snowmobile
law. It is interesting to note that the village has refused
to do the honorable thing and cover the cost of replacing ruined
appliances for village residents living at County Court. These
unfortunate individuals had their Christmas ruined by a gross
village mistake that fried all of their household appliances.
The village has no problem forking over $1,900 to hire an outside
specialist to aid their friends on the local snowmobile club
(most of whom live outside the village), yet they thumb their
noses at the very village residents they were elected to serve.
Something is seriously wrong with this picture!
February 8, 2004 - Recreation
Committee Meeting
At the village Parks & Recreation Committee meeting
held this afternoon, deputy Mayor Willie Allison angrily denies
that the village has any plans to create a snowmobile trail
through Lakeview Cemetery. One of the committee members reminds
Allison that a snowmobile club member told the village Planning
Board that his group was working with the village on a trail
through the cemetery. Later in the meeting, Allison admits that
the village is looking at a route through the cemetery on "the
old road" that cuts through the cemetery. This "old
road" cuts directly over the top of some graves and is
no longer used. Apparently, the thought of driving over the
top of graves on a snowmobile doesn't bother deputy mayor Willie
Allison. The village attorney, with a straight face, tries to
imply that the 1988 Environmental Assessment Form (EAF) for
the original Outlet Trail through the village already looked
at the impact of snowmobiles. This is not true. The '88 EAF
is silent regarding snowmobiles. The only reference to snowmobiles
in the 1988 EAF is in an attached descriptive narrative, which
mentions that snowmobiles are allowed on the trail section outside
of village limits. That was true then, and it is true now. One
board member from 1988 who was involved in the original EAF
has said he has no recollection of ever discussing or considering
the environmental impact of snowmobiles on the village portion
of the Outlet trail at the time.
January 25, 2005
Gary Smith recommends that the rent for the village owned
cemetery house be increased by 37.5%. The concern over rental
income is curious, considering the village decision after the
January 11th meeting, when the board authorized providing the
director of the Dr. Eaves Rec Center Group a rent-free office
in the new village hall along with access to the village high
speed internet. This motion was made late at night, after an
executive session, when no public or press were around. Perhaps
the village thought no one would notice. The board refers the
matter of allowing snowmobiles on the Outlet Trail back to the
Parks & Recreation Committee. One snowmobiler speaks up
and says somebody is going to get hurt if the village allows
snowmobiles on the Outlet Trail. He says it makes more sense
to authorize snowmobile travel on certain highways and on private
property (with the landowner's permission) across the county,
rather than on the Outlet Trail, which he says isn't wide enough
to accommodate snowmobiles. Trustee Norm Koek discounts the
comments, saying the village has potential liability in all
parks.
January 11, 2005
The board holds a pubic hearing and takes comments on the
issue of amending the village code to allow snowmobiles on the
Outlet Trail. About two dozen people speak. The room is packed
beyond capacity, with about 25 or more people left standing
in the back. It's unclear when a decision on this issue will
be made. Is it appropriate for the board to dump snowmobiles
at the end of the trail onto Route 54A and say, 'we don't know
and don't care where snowmobiles travel from here?' The board
knows there is currently no legal route for the snowmobiles
to travel to reach the village boundary west of town. Currently,
snowmobiles are traveling against the flow of traffic at night
- a clear violation of state law. The board has chosen to ignore
the hazardous traffic situation on Route 54A. At least one person
points out that claims that snowmobiles will benefit local restaurants
are ludicrous, since snowmobiles aren't allowed on any village
streets and thus have no way to legally reach local restaurants.
Attorney Brockman gets angry when it is pointed out that the
village Environmental Assessment Form (EAF) is full of glaring
mistakes. Brockman's anger is not surprising, since Brockman
himself completed much of the form, which is riddled with errors.
The board approves moving forward to hike water and sewer rates
for all customers - both inside & outside of the village.
They've got to finance their increased spending habits, driven
by debt on all their new capital projects - especially the new
village hall. The village made an election year pledge that
taxpayers wouldn't see a tax increase of one dime as a result
of the new village office building. No, but it looks as though
they'll be paying for it all the same, one way or another.
December 14, 2004
The mayor schedules a public hearing for January 11th on the
question of whether or not the village code should be amended
to allow snowmobiles on the outlet trail. The board comes up
with a negative declaration of impact on the draft environmental
assessment form, saying that allowing snowmobiles along the
village outlet will not have a significant impact on the environment.
The board blindly guesses at answers to the EAF questions, not
even knowing the acreage of the impacted areas. Trustee Gary
Smith snidely makes the comment that only 5 people in the entire
village of Penn Yan, or .01% of the population, object to changing
the code to allow snowmobiles on the outlet trail. He says that
the noise from snowmobiles will not be objectionable because,
after all, it won't be any louder than a chainsaw. Smith claims,
with a straight face, that snowmobiles won't provide any more
pollution to the outlet than will a car driving down a village
street. (Documented research shows that one snowmobile puts
out as much pollution as 100 cars). It seems glaringly obvious
that this board has already made up its mind on the issue of
snowmobiles on the outlet trail, and that the upcoming hearing
will be a formality for a decision that has already been made
prior to getting any input from village residents . This is
the first meeting in the new village office building, and in
a mutual back-patting fest, the board hands out enough accolades,
laudatory comments and praises for each other to last from now
until next Christmas.
November 9, 2004
The Penn Yan Village Board votes unanimously to write off
money owed to the village from Mayor Douglas Marchionda's father.
Back in 1995, the Penn Yan village board passed a resolution
that would require Doug Marchionda, Sr to pay back a grant and
loan he received from the village of Penn Yan Local Development
Corporation. The HUD money was part of a facade improvement
program. When HUD found out that the village had paid out grant
money to the mayor's father, they blew the whistle and demanded
that the money be paid back, siting a conflict of interest.
Despite the board's resolution, nearly ten years have passed,
and Marchionda Sr. has refused to pay his debt. Tonight, a different
village board says that Marchionda Sr. doesn't have to pay the
money back. In short, village taxpayers have effectively handed
$8,000 over to the mayor's father - money HUD says the mayor's
father wasn't entitled to. With a straight face, the mayor and
attorney Brockman (who received a 47% raise in this year's village
budget) claim there is no way to collect the HUD money back
from the mayor's father. The mayor loses his temper when one
member of the public points out that even the Yates County District
Attorney says that the board guaranteed Marchionda's father
would pay up. This village board has no problem pounding their
fists on the table and complaining about legal expenses ad nausea.
Yet, ironically - they don't even blink when it comes to shamelessly
handing $8,000 in taxpayer money over to the mayor's father
- money that HUD says the mayor's father should never have been
given in the first place. Those of us who see the many Marchionda
Trucking vehicles driving about on our village streets on a
daily basis know that it is well within the means of the mayor's
father to pay his debt. He just knows that, with his son as
mayor, he doesn't have to.
October 12, 2004
The board breezes through a quickie meeting and adjourns
into executive session to discuss "pending litigation".
September 28, 2004
Trustee Nancy Taylor reads off a statement highly critical of
a recent letter to the editor written by Robert Hoban. Douglas
Marchionda Jr. ran for Mayor against Mr. Hoban in 2002 in a
campaign that some thought to be one of the nastiest in the
annals of local elections. In his letter to the editor, Mr.
Hoban urged the county legislators (who are facing a projected
property tax levy of 27.5% in the upcoming budget year) and
the village of Penn Yan to share facilities and services. Mr.
Hoban sited the new multi-million dollar village office building,
the new village police facility and the new village court as
examples of missed opportunities for shared facilities and services.
"I find it interesting that the Mayor of Penn Yan, Douglas
Marchionda Jr, also a county legislator and chairman of the
legislature's buildings and grounds committee and Nancy Taylor,
another legislator and village trustee, who is chairman of the
county public safety committee and chair for the village public
safety committee have not availed themselves to this opportunity,
" said Hoban in his letter.
September 13, 2004
The village Planning Board votes unanimously to recommend
to the village board that the ban on snowmobiles in village
parks be maintained.
September 7, 2004
The mayor complains about an article 78 that has been filed
challenging the village's denial of a Freedom of Information
Request. The Freedom of Information request asked for the records
of the village cell phone given to the mayor for official village
business. The village turned over the records requested, but
with every phone number blacked out. The mayor says the village
is willing to pay out a considerable sum in legal fees to keep
from turning the records over, even though state rulings clearly
show that there is little if any basis in the state's freedom
of information law for denying access to records of telephone
calls made by public officials in the capacity of official public
business. The trustees complain about a new measure in the 2004-2005
budget passed by the New York State Legislature and George Pataki
that would take away traffic fine money that the village has
come to depend on. The trustees discuss the possibility of adding
a local surcharge onto the traffic tickets to make up for the
loss in revenue.
August 24, 2004
When the public arrive at the village office for the 7 pm
village meeting, they discover a meeting already going on in
the executive session meeting room, behind closed doors. The
meeting is attended by 4 village trustees, including the mayor.
A check at the village office during a break later on in the
evening reveals that no notice, as required by law, is posted
on the village office bulletin board for this unscheduled, closed
door meeting. In a slip of the tongue, Marchionda refers to
the meeting as an executive session, then quickly corrects himself,
calling it a committee meeting. When curious public go up to
the door of the executive session room to investigate the closed
door meeting, Marchionda storms out of his seat and confronts
them in anger. Instead of handling the situation with tact and
politeness, as a seasoned politician would, Marchionda loses
his temper and creates a scene in a hot headed display of immaturity.
He calls one person a "psycho" for coming up to the
door with a video camera, and later during the board meeting
threatens to have another person who questions the legality
of the meeting bodily removed from the building. During the
public comment period, Marchionda says he "takes offense"
when residents in the town of Milo raise concerns that they
were excluded from the public hearing process for a housing
development on the edge of town. The residents complain about
bright lights, unrestrained pets, noise, and an insufficient
buffer along the property line. Attorney Brockman presents a
resolution regarding snowmobile operation on the outlet trail.
Click HERE
to read his words.
August
18, 2004
At a
village parks and recreation committee meeting, Norm Koek, Willie
Allison, and Danny Doyle say they favor opening up the village
to snowmobiles. With a straight face, village Parks & Recreation
director Danny Doyle claims that "research shows"
that cross country skiers cause more damage to trails than do
snowmobiles. Cross country skiers also scare animals more than
do snowmobiles, according to Doyle. Interestingly, Doyle doesn't
try to compare the noise and pollution caused by snowmobiles
to cross country skiers.
July 27, 2004
The village holds a public hearing regarding proposed special
use permit enabling legislation and amendments to the village
code which would add the allowed uses of adult entertainment
and manufactured homes within certain districts with a special
use permit. In a startling disclosure during a "workshop"
held by the board prior to tonight's meeting, Data Ventures
announces they are dropping
BPL technology. How can the board have faith
in a company that was pushing BPL as the "next big thing"
only a few weeks ago - a company that so suddenly and completely
changes directions? Trustee Norm Koek complains about more extreme
vandalism along the outlet trail at the village skate park.
The gate at the park has been cut, and the bathrooms trashed
numerous times. Koek says the Lions Club may stop supporting
the skate park because of the constant vandalism. Some parents
are so upset by the extreme graffiti and destruction that they
won't allow their kids to go down to the park by the boat launch
site.The area experiencing the destruction is the same area
where the Dr. Eaves group thinks a taxpayer subsidized rec center
ought to be built.
July 5, 2004
The board unanimously rejects the latest contract with Data
Ventures Inc (DVI) for BPL service in the village. The contract
is not dead yet, however. A workshop is scheduled for the end
of July to further discuss the issue. A village resident who
lives in the town of Jerusalem complains that her village taxes
increased on her recent bill 30.5% over the prior year. She
says her assessment has remained unchanged from the previous
year, and demands an explanation. The treasurer and trustee
Gary Smith are not able to explain the increase to her satisfaction,
but offer to show her the math that resulted in the increase.
The board approves buying a new truck for the DPW at a cost
of $52,000 - $53,000. The mayor argues against the truck, since
it was not part of the general fund budget for this year, but
the rest of the board members approve the expenditure.
June 22, 2004
The mayor reports that the new contract with DVI for BPL service
in the village is even worse than the original contract. DVI
has not met expectations, and it seems clear that the village
is very unhappy with the company, possibly even considering
not going forward with them. Police Chief Hill urges the Public
Safety Committee to take up the issue of snowmobiles on the
outlet trail. The village is moving forward on efforts to change
the village code to allow snowmobiles in village parks - doing
so without bothering to first scope out the level of public
concern on the issue. What happened to the 4-5 months worth
of "extensive studies" attorney Brockman promised
would be taking place? Members of the local snowmobile club
have worked with the village on specifics regarding the code
change that would open up village parks to snowmobiles. At the
same time, citizens with concerns about the snowmobile issue
have been completely excluded and shut out of the process. It
seems that the village is only interested in accommodating one
side on this issue - the interests of snowmobilers.
May 25, 2004
Ed Brockman, the village attorney, asks the board to go into
an executive session to discuss "public safety" and
"threatened litigation". Under New York State Law,
a public body may go into private session to discuss - not public
safety - but rather matters which would imperil the safety of
the public if discussed openly. This exemption is virtually
never used by honest boards, as it is difficult to prove, particularly
in small, quiet rural communities like Penn Yan where there
is little if anything that could possibly imperil local residents
if discussed openly at a board meeting. Additionally, Brockman
seemingly fails to grasp the distinction between proposed and
threatened litigation. On top of this - courts have ruled that
merely regurgitating the statutory language of the law - ie
calling for an executive session to discuss "public safety"
or "threatened litigation" is not sufficient. The
board must identify the particular subject to be discussed and
it must be described with some detail - example: 'we will be
discussing a Freedom of Information request which we denied'.
Why is this board so afraid of the sunshine of disclosure?The
mayor talks at length about the new contract with DVI. He claims
that the village is not ready to sign the contract yet, and
that he is not an investor in the company.
May 11, 2004
The mayor says the village made a mistake in their calculation
regarding the tax levy approved at the last board meeting. The
tax rate for the town of Jerusalem is $19.51 per thousand, not
$16.22 per thousand, or 19% more than previously thought. The
tax rate per thousand
also changes for the two other townships in the village. The
village attorney recommends that the board refer the issue of
amending the village code to allow snowmobiles in village parks
to the Parks and Recreation Committee. Although this is an issue
of serious environmental concern, no mention is made regarding
the "extensive studies" of the snowmobile issue which
attorney Brockman claimed would be taking place at the board's
February 24th meeting.
April 27,2004
The village attorney says that DVI will be submitting a
new contract for BPL service in the village, because the old
contract was totally inadequate. The agreement will be redrafted
from the ground up. (Click HERE
for more detail on the exchange). The village approves a "final
version" of the 2004-2005 budget. When questioned, the
mayor claims that the budget approved tonight is the same budget
given out at the April 6th public hearing. Closer questioning
by one member of the public, however, reveals that it is not
the same - there are changes in allocations, specifically how
dollars are allocated from the Municipal Utility side to the
village side, although the bottom line is not effected. One
member of the public muses, "It seems as if [these changes]
are something you'd want to share with us." Apparently
not, because the revised version of the budget is not handed
out to the public. The Assistant Director of Public Works talks
about problems at the village sewage treatment plant. There
was a recent "flooding event" at the sewage treatment
plant. 5,000,000 to 6,000,000 gallons of liquid were flowing
through the plant, when it should only be getting 750,000 gallons.
The village is not sure where the problem is coming from. One
possibility is leaks in the village's own crumbling 100 year
old sewer lines. There is only one line out of the pump station
to the sewer treatment plant, and if that line ever goes "we're
all in serious trouble". After the water is "treated"
at the plant, it is expelled directly into the Keuka Lake outlet
and flows down to Seneca Lake. Click HERE
to see a picture of discharge flowing out of the village sewage
treatment plant into the Outlet.
April 6, 2004
The village passes out the 2004-2005 Budget. Last year,
appropriations raised by the tax levy were $1,939,242. This
year, the figure is $2,081,304 - representing an increase of
$142,062 or 7.33%. 1.5% of this increase is attributable to
a new line item "Village Administrator," listed with
a salary and bonus of $30,100. The village attorney's pay is
slated to increase by 47% in the upcoming budget year, with
a corresponding offset called "Village Attorney Reimbursement"
listed as income under interfund revenues. The village fails
to explain this reimbursement when questioned about the attorneys
salary during the public hearing. Joe McCoy, president of Data
Ventures Inc (DVI) asks the mayor for a time frame on when the
village will be signing a 10 year agreement with his company
for BPL service. The mayor tells McCoy that currently the village
is not comfortable with some issues in the contract and will
not be signing the contract until those issues have been ironed
out. McCoy inquires about the possiblity of obtaining rent-free
space in the new village office building to house his company's
equipment. The mayor makes no menton during the meeting of recent
correspondence with the CEO of the National Association for
Amatuer Radio regarding
noise interference complaints
at the Penn Yan test site.
March 23, 2004
The board tables a ten year contract with Data Ventures
Inc, until their next meeting. Some board members say they want
to look over the contract prior to authorizing the mayor to
sign. The mayor references an article about the controversy
surrounding BPL technology in today's Wall
Street Journal. The board sets a date of
April 6th for a public hearing on the Village Budget, which
has yet to be made available to the public.
March 9, 2004
Attorney Ed Brockman asks for an executive session to discuss
"possible litigation". As Brockman ought to know -
New York State's Open Meeting Law permits a public body to go
into executive session to discuss three narrow categories of
litigation: current, proposed, and pending litigation. Courts
have ruled that expressing a fear that something might "possibly"
result in litigation does not justify conducting public business
in a private session. The mayor reads an extremely short letter
from the village treasurer saying he is leaving his position
"to pursue other career opportunities".
February 24, 2004
Attorney Ed Brockman claims that the issue of snowmobiles
on the Outlet Trail will be "studied extensively over the
next four to five months." He doesn't indicate what form
these extensive studies will take, or who will be conducting
the extensive studies. Mike Christensen reports that the Yates
County attorney has decided that it could possibly be a conflict
of interest to have an elected village official sitting on the
Yates County Planning Board and also voting on issues that involve
the village. (Christensen is currently the designated
village representative on the County Planning Board). Mayor
Marchionda expresses skepticism about this, saying that the
person who made the allegation of the conflict of interest has
a "poor track record".
February 10, 2004
The village board breezes through a quick meeting and adjourns
into executive session. The mayor reads off a letter from a
group of village residents concerning the recent growth spurt
facing Penn Yan. "Bigger isn't always better," the
group warns. They ask that the Fireman's Field be preserved
for the community, and express a fear that building additional
shops and a grocery store at the old boat factory site might
result in empty storefronts downtown, as has happened in so
many other communities. They suggest that, perhaps except for
the boat museum, the waterfront at the boat factory site should
be preserved for village residents and tourists.
January 27, 2004
On a snowy evening, the village board spends half of their
meeting in executive session - supposedly discussing "Pending
Litigation." Several present believe
these men were really discussing the snowmobile issue, and lacked
the honesty and integrity to do so in an open meeting
January 13, 2004
The village board conducts a long-winded meeting on a bitterly
cold evening. Trustee Randy Schwingle tells the board that his
recreation committee has discussed the problem of snowmobile
operation on the outlet trail and along the state highway, and
the committee does not yet have a recommendation for the board
on the issue. The village attorney suggests that if it is decided
to allow snowmobiles on the outlet trail, the village code should
be amended. The mayor and a village resident conduct a testy
exchange on the subject. It's not clear if the village is willing
to enforce the current code which prohibits snowmobiles in the
parks and on village sidewalks. Under correspondence, the mayor
reads off a letter which asks village trustees to disclose any
financial connections they or their relatives will have with
development of the old boat company property in the village.
The mayor says only that this project is a county matter and
the village board will have no role in the development of the
parcel. (Which seems to be an indication that no such disclosures
will be forthcoming).
December 9, 2003
Mayor Marchionda says that if the Dr. Eaves Rec Center group
builds their project at the boat launch site, they will not
be building within the woodsy area, but rather on top of the
old basketball court. Trustee Gary
Smith is
absent again.
November 18, 2003
Village trustees authorize the mayor to sign a letter of understanding
with DVI Inc for a 60 day trial run of broadband delivery over
the village power lines (BPL). The mayor reveals that the village
has received a letter from the Amateur Radio Relay League expressing
concerns about interference from the BPL
technology. The mayor turns the letter over
to Treasurer Dwight Rogers to investigate. One trustee claims
that articles about interference posted on the internet are
two years old or older, and believes the DVI salesman's claims
that all interference issues have been resolved. The board adjourns
into executive session to discuss personnel and "potential
litigation".
October 28, 2003
The village has closed on The
Patchett Property. This 38 acre parcel of
land, purchased at a price of approximately $114,000, sits at
the end of a long narrow, muddy, rutted dirt path. The village
has claimed in the past that the DPW Highway barns may be relocated
to this landlocked remote field which lacks highway access.
The village agrees to pursue a proposal from Marc Burling of
Data Ventures Inc. Mr. Burling, who somehow knows village Treasurer
Dwight Rogers through a sister-in-law, pitches a proposal to
deliver Broadband Internet Access
BPL
to the village via the municipal power grid.
It appears that the Village may agree to hand Mr. Burling a
virtual monopoly on this wireless service with very little inquiry
into the technical aspects involved. The board is not investigating
alternate proposals from other companies who could offer the
same service. Mr. Burling
claims his endeavor will cost the Village nothing - the Village
will get 10% of the revenues, and "there are no downsides".
Mr. Burling claims Penn Yan would become one of the first "hot
spots" in the country. (A map in a recent issue of PC Magazine
illustrates the huge grid of hotspots in the US, and also lists
many companies that provide this service).
October 14, 2003
A village resident who lives near the outlet trail voices
objections to snowmobiles and asks that the "No Snowmobile"
signs stay posted. The Street Department Director reports about
vandalism at the new village skate park. Members of the street
department are discouraged to discover after every weekend that
vandalism has occurred at the park, which borders the outlet
trail. Three garbage can lids were ripped off, despite heavy
duty cables keeping them shut. (To solve the problem, the street
crews will have to bolt the garbage can lids shut and use a
wrench to open them when they need emptying). There is much
graffiti. The toilets have been stuffed full of paper. Someone
tried to pull the heater out of the ceiling. The lock on the
overhead door was broken and holes were drilled in the bathroom
partitions with a keyhole saw.
September 23, 2003
Trustee Mike Christensen says he objects to posting signs
prohibiting snowmobiles on the outlet trail just because "some
crackpot" complained. (If your opinion diverges from that
of Mike Christensen, can you expect to be labeled a "crackpot"?
Are only concerns from individuals favored by Mr. Christensen
deemed worthy of respect?) The village code says that 'in no
event shall any person operate a snowmobile or all-terrain vehicle
within any village park'. Christensen tries to claim that the
outlet trail is not part of the village park system. (It would
seem that the trail is considered part of the village park system
when it comes to the master plan and seeking grants from the
state, but not when it comes to enforcing the village code).
Trustee Leland Sackett states that he doesn't want to hear 'whining
and sniveling' about snowmobiles this winter. Poor Lee Sackett.
One might guess from his behavior at board meetings that he
prefers to spend his time patting backs and lavishing praises
on his fellow board members, not listening to concerns from
a whining and sniveling public. Mayor Marchionda gets upset
when a member of the public asks how recent proposed bonding
of up to $6.4 million will effect village taxes or rates, and
calls the questioning an "11th hour ambush". He repeats
the claim that taxes will not be raised as a result of the village
office project - but cannot say that rates or taxes won't go
up because of the capital work needed on the village's crumbling
infrastructure. The village attorney warns that the code enforcement
officer has filed charges against a resident for code violations,
and that the resident has decided to fight the charges in court.
The village attorney has discovered that the penalty spelled
out for violating this section of the village code is up to
one year in jail - which would make the violations a misdemeanor
- thus subject to a jury trail rather than merely a bench trial
proceeding. The trustees worry that jury trials could hamper
the code enforcement officer's ability to enforce the village
code. As a criminal matter, the village would have to prove
their case to a jury beyond a reasonable doubt. The attorney
suggests that the village code should be amended so that those
facing similar charges in the future will not be entitled to
jury trials.
August 26, 2003
Willie Allison criticizes recent newspaper articles containing
"misinformation" about Penn Yan's Wastewater Treatment
Plant. The articles mentioned recent tests showing high levels
of E. Coli and coliform bacteria below Penn Yan's Wastewater
Treatment Plant, with low levels above it. Allison doesn't identify
exactly what "misinformation" he is referring to,
but says the Wastewater Treatment Plant is in compliance with
standards set by the DEC. The village authorizes the issuance
of bond anticipation notes of up to $3 million for infrastructure
improvements. This bonding, combined with the village office
project, will make over $6 million in debt (bond anticipation
notes) approved by village trustees recently. A laundry list
exceeding $3 million in critical deferred infrastructure repairs
is read off. Many new water and sewer districts in the outlying
townships are coming onboard, adding strain on Penn Yan's already
crumbling infrastructure. The cost burden of fixing these systems
will fall on village residents, since the contracts with the
townships weren't written in a fashion that required the townships
to kick in towards such expensive infrastructure repairs.
July 22, 2003
The board rails against an article 78 motion that has been
filed related to the zoning amendment change which added "sports
facilities" to the use table. They complain about the high
cost of contracting out a lawyer to fight the lawsuit. Trustee
Willie Allison suggests that the village should apply with the
offices of Senators Chuck Schumer or Hillary Clinton to get
grant money for a study to develop the waterfront on the south
side of the channel, between Carey's Lumber and the Fireman's
Field. The abandoned railroad bed along this corridor is already
being used as a trail.
June 24, 2003
The village approves an amendment to the zoning law, adding
the classification "Sports Facility" as a permitted
use in Industrial and Commercial Zones. Gary Smith presents
a revised resolution for year end budget transfers. In this
revised resolution, budget dollars are reallocated from departments
that under-spent, over to departments that overspent their budget.
At 10:30 pm the trustees adjourn into an executive session.
May 27, 2003
The village sets a June 24th public hearing date to amend the
village use table. They want to add "sports facilities"as
a legal use in commercial and industrial zones. The sports
facility definition was specifically written by engineer Fran
Reese to accommodate the relocation of the tennis club, which
is now in the old Elmwood
Theater building. The club must move
to make way for new village offices, and the village is transferring
unused land out by the waste water treatment plant to the club.
For almost an hour the board discusses and then tables Resolution
19-2003, Year End Transfers. The Finance Committee recommends
making $179,476 worth of transfers to cover budget overages
in various departments for year end. (The village's fiscal
year ends May 31st) . The figures Finance Committee chairman
Gary Smith presents to the board don't even balance. The
village treasurer is sent back to his office to find the mistakes.
Some in the audience wonder how the Finance Committee could
let such sloppy work come before the board. Department
overages have exceeded the $150,000 in the village contingency
fund. Gary Smith suggests that the village should consider
instituting a purchase order policy to help keep spending in
line. What is their current purchasing policy? As stated
by Clerk Linda Banach, "anything big goes through the board."
They don't use purchase orders. The village discusses
a request by some residents who live near the waste water treatment
plant to purchase a small amount of village land. The residents
have been mowing and maintaining the land, which the village
doesn't use. The village attorney warns that the people might
be able to take the land under the real property claim of adverse
possession, and suggests that instead of selling the land, the
residents tending it should be barred from using it at all.
The village should post the land and keep them off. After three
hours, the board finally adjourns into executive session.
April 22, 2003
The village board adopts their 2003-2004 budget. Increased appropriations
for funding towards the new village office project are the major
driving force behind the tax levy increase village residents
will face in the coming fiscal year.
April 8, 2003
The village refuses to answer a question about a lawsuit they
recently settled, paying out $33,000. The mayor says the lawsuit
is a matter of "public record" and those with questions
may go look it up at the courthouse. Village officials have
no problem expounding ad nausea about the recent lawsuit filed
against them which was dismissed. However, when the tables are
turned, the village very quietly sneaks in a resolution to settle
another lawsuit late at night, after an executive session, when
no public or press are around.
March 25, 2003
The board authorizes the mayor to sign a purchase offer for
111 Elm Street - the old Elmwood theater. The purchase offer
is for $185,000 plus the transfer of 8/10 of an acre of village-owned
property to the tennis club. The village property being transferred
to the tennis club is located between Sherman Street and the
Sewer Treatment Plant. Trustee Sackett explains that the transfer
is further consideration to the tennis club for relocating from
111 Elm Street. Later in the meeting Trustee Mike Christensen
indicates that Lu Engineers are working on zoning changes that
will recognize sports facilities as a permitted use within the
village. If schedules are followed, the code changes could be
in place as early as June. The new definition is necessary because
the tennis club is currently classified as a "Private Non
Profit Membership Club" and this is not an allowed use
in the Industrial Zone. Throughout the meeting, Trustee Christensen
manages to inappropriately throw in several plugs showcasing
his support for the Penn Yan School Board's proposed $47 million
new high school, which is coming up for a vote soon. The village
board passes a bland, meaningless resolution saying that they
support a Finger Lakes Boat Museum "within the village
of Penn Yan". The Finger Lakes Boat museum had specifically
asked for village endorsement of their proposal to locate the
museum at the former Penn Yan Marine Manufacturing site on Waddell
Avenue, and Mayor Marchionda has refused to do this.
March 11, 2003
At the end of the board meeting, Trustees Allison, Sackett,
Smith and Christensen congratulate themselves on the recent
dismissal of the Article 78 action filed against Brian Zerges
and the village in the matter of the rezoning of Brown Street.
The board approves a resolution to bond up to $3.6 million for
the new village office project. The Trustees congratulate village
police on their outstanding work done after Thursday's bank
robbery, the first in Penn Yan since 1939. The only thing left
undone is the capture of the robber.
February 25, 2003
Trustee and sheriff's investigator Mike Christensen throws
a temper tantrum when a member of the public suggests that he
did not follow proper procedure with the adult entertainment
study he presented to the board. Christensen seems unable to
control his explosive temper. Whether out of arrogance or ignorance,trustee
Christensen seems to think that he is above bothering with either
proper procedure or courteous behavior. Click
Here to Listen to Mike and read a transcript
of his words!
February 11, 2003
The village unanimously approves the Environmental Assessment
Form for the new village office project. Trustee Gary Smith
is absent again. The board talks about snowmobiles on the Outlet
Trail. Trustee Lee Sackett claims, with a straight face, that
the village has "not received any complaints about snowmobiles".
In fact, there have been numerous complaints, including the
next door neighbor of avid snowmobile enthusiast Trustee Willie
Allison. Although the village code expressly forbids motorized
vehicles on village sidewalks and on the Outlet Trail, the village
chooses not to enforce the law. It would seem that the village
code, while strictly invoked against some members of the community,
is ignored when favored friends and village trustees violate
its statutes.
January 28, 2003
Although the trustees strongly urge Mayor Marchionda to
present a resolution to the board endorsing the idea of locating
the Finger Lakes Boating museum at the site of the former Penn
Yan Marine Manufacturing, Mayor Marchionda refuses. Trustees
Norm Koek and Lee Sackett both speak out, saying that the boat
museum would be a good thing for the community. In contrast,
Marchionda says it would be "premature for the village
to support the project". Trustee Mike Christensen talks
about special use permit legislation. Although the village planning
board has spent months on this issue, Christensen asks the village
attorney if it's OK to bypass the planning board. Christensen
wants to send his amendments to the local law straight to the
village board without running them first past the planning board.
Trustee Gary Smith, who has only attended one meeting
since September, is absent yet again. The board holds two executive
sessions.
January 14, 2003
The Finger Lakes Boat Museum makes a presentation to the
village board. They would like to create a boating museum with
interactive exhibits, boat building and restoration, boat handling,
and an archive and reference library at the old Penn Yan Marine
site on Waddell Avenue in the village. They point out that this
would be an appropriate use of the waterfront site, would preserve
the historic boat facility, expand public access to the waterway,
and initiate a renaissance of the outlet corridor. They also
point out that funding would come from the private sector, not
taxpayers. Keuka Marsh advocates have said for years that if
the village wants to extend the outlet trail, they should do
so on the southern, already developed, side of the outlet -
on the abandoned railroad bed - and not through the Marsh. The
Boat Museum project would enhance the already developed corridor
of the outlet. Although the Boat Museum urges the board to make
a resolution endorsing support for the proposal, Mayor Marchionda
says it is "a lot to think about" and "not our
decision".Trustee Michael Christensen announces that he
is running for re-election on March 18th. Trustee Gary Smith
is absent again.
2002
December 12, 2002
New York State Department of State Executive Director Robert
Freeman rules that the village should turn over the list of
41 already-existing businesses who would have to apply for special
use permits, as well as the village's revised use table. The
village denied an October 30th FOIL request for this information
made by a member of the public. In an advisory opinion, Freeman,
who oversees New York State's Freedom of Information Laws, says
that there is no basis in the law for the village's denial of
access to the documents. The village continues to withhold the
documents from the public.
December 10, 2002
Mayor Marchionda makes a presentation of the new proposed village
offices. The village will tear down the
Elmwood Theater
on Elm Street and create a civic center in its place to house
the village offices, the municipal offices, and the police department.
The old village office on Maiden Lane will be torn down. The
project also calls for large improvements to the firehouse,
as well as creating a village courthouse out of the old police
station on Basin Street. The entire project cost will be $3,589,000.
Trustee Gary Smith claims there will be no increase to the tax
levy as a result of the project. Penn Yan Municipal will kick
in $1,800,000 towards the project.
November 4, 2002
The code enforcement officer was asked to come up with a list
of pre-existing Penn Yan businesses who would have to apply
for special use permits. In looking over the current village
code, the enforcement officer realized that 40% of the businesses
in town, or over 100 businesses would have to apply for special
use permits. To remedy this situation, the code enforcement
officer realized that the use tables in the village code need
substantial revision. At the November 4th meeting, the Penn
Yan Village Planning board reviews the extensive revisions to
the village code use tables as prepared by the code enforcement
officer. Despite the complicated legal issues involved in this
tremendous overhaul, only one member of the planning board asks
any in-depth questions. The rest rely entirely on the judgment
of the code enforcement officer. The code enforcement officer
says he wants to start inspecting single family rental units,
and presents a proposal complete with suggested fees to the
planning board. At the end of the meeting, the planning board
members defend the village's denial of an October 30th FOIL
request. The request asked for copies of the revised village
use tables and the updated proposed special use permit legislation.
On October 31st, the village denied access to the documents
on the grounds that the information is a "work in progress"
and might "cause undue alarm". A member of the public
reminds the board that just because a document is a work in
progress does not exempt it from the rights of public access
afforded by the freedom of information law. Furthermore, because
a document may cause alarm in the community is not a valid reason
for withholding it from the public. As it currently stands,
the code enforcement officer has comprised a list of 41pre-existing
businesses in the village who may have to apply for special
use permits. The board won't say who the 41 businesses are.
Another member of the public asks if the village will send written
notices to these businesses, who will be directly impacted by
the changes to the code, prior to a public hearing. The board
claims they "don't know", although the implication
seems to be that this will not happen. Finally, pressed for
a reason for the denial, the planning board say they are "just
following orders".
October 22, 2002
Trustee Gary Smith misses yet another meeting. Willie Allison,
acting as mayor in Doug Marchionda's absence, tells the crowd
that an article 78 action has been filed against the village
in the matter of the rezoning of Brown Street. Trustee Norm
Koek wonders why Betty Perucki, the Penn Yan village planning
board's 80-year old secretary, can't spell the mayor's name.
The board adjourns into executive session.
September 24, 2002
Members of the women's slow pitch league ask the village
about possible improvements to the playing field near the green
space at Indian Pines Park adjacent to the Marsh. They talk
about lighting, a gravel parking lot, running water, permanent
comfort stations, a concession stand, and storage sheds. One
board member questions why the group can't utilize the elaborate
new community playing fields at Keuka College. At the end of
the meeting, board member Mike Christensen, apparently referring
to accusations of nepotism
regarding the village hiring his son, makes the point of clarification
that as long as civil service approves the hire, there are no
other requirements, and people who complain are "shooting
from the hip".
September 23, 2002
For an hour and forty-five minutes, the village of Penn
Yan Long Range Planning and Development Committee pours over
Chapter 202 of the village of Penn Yan zoning use regulation
table, considering over 70 different uses that may require a
special use permit within the village. The committee says they
haven't decided if they will require hundreds of already existing
businesses within the village to obtain special use permits,
or if pre-existing businesses will be grandfathered in.
September 9, 2002
Less than a week later, neighbors across the street from Brian
Zerges are asking that 105 - 111 Brown Street be rezoned from
residential to commercial. The Penn Yan Village Planning board
resolves to recommend that the village board "consider"
the rezoning request. The planning board has come up with a
"final draft" as of September 3rd of proposed special
use permit legislation.
September 5, 2002
In a short meeting, the board moves to make a negative SEQR
declaration for an unlisted action on the possible rezoning
of 102-108 Brown Street in the village. Although everyone in
the room knows that Brian Zerges is planning to tear down residential
houses and build a hotel on the parcel, village attorney Tony
Geraci reminds the trustees that they shouldn't approve the
resolution on the basis of a hotel. The board approves the resolution
unanimously. Next, the board approves Resolution 28-2002, Local
Law 02-2002, for the rezoning 102-108 Brown Street from residential
to commercial. Trustee Lee Sackett notes that it is difficult
to bring people into the community when there's no place for
them to stay. He reminds the board that rezoning would allow
for a structure such as a hotel to go into the rezoned parcels.
The board acknowledges that the rezoning decision will probably
prompt other individuals in the corridor to ask that their parcels
be rezoned to commercial, and that the board will have to consider
their past practices as part of these future requests. The board
holds one executive session during the meeting, to discuss "legal
matters".
August 27, 2002
The start of the village board meeting is delayed due to
a gas leak. The smell of gas is detected by some members of
the village board, the majority of whom also serve on the local
fire department. Fire trucks are called in, Main Street is blocked
off, and the public is evacuated out of the building and across
the street. Upon investigation, it is discovered that the gas
smell is emanating from a leaky propane tank in the back of
mayor Marchionda's truck, parked in the space directly in front
of the village offices. During pubic hearings on rezoning a
section of the village from residential to commercial, the mayor
shouts down a member of the public who tries to make a point
about segmenting the environmental review. The mayor pounds
his gavel twice, and yells that he will not tolerate outbursts,
bantering, and bickering. Red in the face with anger, the mayor
also declares that there will be no"back and forth"
amongst people in the audience . Although it is a public hearing,
the board is unwilling to answer questions about the EAF or
the rezoning issue. The board unanimously approves a negative
declaration on the EAF for the sale of village property (at
a cost far below fair market value) to Mayor Marchionda's father.
A representative from the committee to build a village rec center
reports on progress. Although this group, started by Dr. Eaves,
claims to represent the public, they are holding meetings at
odd times during the day in the basement of Dr. Eaves' office.
Their meetings are not publicized, and only Dr. Eaves and a
very small group of individuals are involved. Mayor Marchionda
says that the village board is supportive of the Dr. Eaves Rec
Center, and the village is going to pay for half of the conceptual
drawings. The board agrees to hire the son of board member Mike
Christensen as a village employee. It is unclear if this is
in compliance with civil service rules. The board adjourns into
an executive session.
August 13, 2002
At the Penn Yan Village Board meeting, the public is asked
to sit at the back of the room rather than in their usual seats.
Mayor Marchionda institutes a new policy of reading off all
FOIL requests that have been made. He says the village has been
"barraged" with FOIL requests and reads off the six
requests that have come in over the last month. He later tells
a reporter that a "small group" of people are costing
the village money with excessive FOIL requests. He does not
explain how, at .25 a copy, with a few seconds copying time
on the part of the village clerk, the FOIL requests are costing
the village money. The village receives a letter from a member
of the public complaining about the new village policy of censoring
the public during the public comment period. The letter says
that the mayor campaigned on a platform of having more open
meetings, and he is renigging on that promise by trying to squelch
all public input. The mayor says the writer of the letter is
confused. The village treasurer reports that the village has
spent over $400,000 of its cash reserves on the Elm Street Sewer
Main Project and is afraid that the village will use up the
remainder of the money left in the sewer fund. The board authorizes
the sewer fund to borrow money as needed from the water fund.
(The village hired a local contractor to do the work on the
sewer project on an "emergency basis", by-passing
the competitive bid process. The local contractor - the owners
of whom are related to the mayor's wife - went significantly
over budget). The board holds two executive sessions during
the meeting.
August 5, 2002
At the Village of Penn Yan Planning Board meeting, secretary
Betty Perucki asks members of the public to sit ten feet away
from the table, so they "cannot view documents being reviewed
by the board members".
July 24, 2002
New York State Department of State Committee on Open Government
Executive Director Robert Freeman issues an advisory opinion
regarding the village of Penn Yan's July 11th refusal to turn
over the draft special use permit document to the public. Mr.
Freeman tells the village that there is no legal reason under
the New York State's Freedom of Information Law for the village
to deny rights of access to the requested document.
July 23, 2002
Penn Yan Mayor Douglas Marchionda refuses to allow
the public to speak on the topic of special use permits during
the open comment period of the village board meeting. A citizen
questions the village's proposed purchase of the Patchett Property.
(The village has no planned use for this property, 38 acres,
being purchased at $3,000 per acre. This purchase price was
agreed upon without an appraisal of the property). Mayor Marchionda
tells the questioner that she "missed the public hearing"
and therefore cannot comment on the issue. (The July 9th public
hearing the mayor refers to was about the environmental impacts
of the proposed purchase - not about the purchase, annexation,
rezoning, and financing of the property). The village trustees
approve sending letters to the Yates County and Penn Yan Planning
boards regarding the purchase and SEQR for Penn Yan's proposal
to sell village land in the Industrial Park to mayor Marchionda's
father, at a cost of $1,000 per acre - far below the fair market
value of the land. At 8:00 the board adjourns into an executive
session which lasts two hours.
July 11,2002
Penn Yan village Planning Board secretary Betty Perucki refuses
to turn over to the public a requested FOIL (Freedom of Information
Law) document - the village of Penn Yan's draft proposal for
special use permits.
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