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Home » News » Penn Yan board to weigh Champlin Avenue settlement, paving contracts and court grant Friday

Penn Yan board to weigh Champlin Avenue settlement, paving contracts and court grant Friday

Penn Yan board to weigh Champlin Avenue settlement, paving contracts and court grant Friday

Penn Yan village trustees will meet Friday morning to consider formally discontinuing portions of Champlin Avenue as part of a litigation settlement, approve a contractor for fall paving work and authorize the Village Court to seek up to $30,000 in state funding for new equipment.

The special Village Board meeting is scheduled for 8 a.m. Sept. 11 at Village Hall. Trustees are also expected to consider authorizing Deputy Mayor Ronald Dailey to execute documents connected to several pending annexation lawsuits involving the village, Yates County Industrial Development Agency and Town of Milo.

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The agenda also provides time for public comment and includes a possible executive or closed session with legal counsel before the meeting adjourns.

Champlin Avenue decision tied to litigation settlement

One of the most substantial items involves a long-running dispute over the status of portions of Champlin Avenue.

Trustees are scheduled to vote on Resolution 66-2026, which would discontinue two areas of the roadway as parts of a village street. The proposed action stems from litigation between the village and Douglas G. Marchionda and a court-approved stipulation and settlement agreement reached by the parties.

The village’s proposed decision says the area affected by an earlier 2024 resolution is no longer needed as a village street. According to the supporting documents, the approximately 30-foot-by-260-foot area serves two property owners, both of whom have indicated they don’t need the roadway for access. The village would retain utility access through an easement agreement with Marchionda.

The village held a public hearing on the proposed discontinuance July 21. During that hearing, Village Attorney Ed Brockman told trustees they did not have to make an immediate decision because state law allowed 62 days after the hearing to act. Public Works Director Melissa Gerhardt said approximately 342.78 feet of Champlin Avenue would remain a village street.

Under Friday’s proposed resolution, areas identified as A and B on the village’s survey would be discontinued, while Area C would remain part of the village street system. The supporting map shows the two discontinuance areas extending north from the portion of Champlin Avenue that would remain.

The village’s proposed decision also says discontinuing the roadway would eliminate a future repaving expense that had been anticipated for 2029.

North Avenue and Kimball Avenue paving work

Trustees will also consider a resolution designating Seneca Stone as the best-value contractor for milling associated with fall paving projects on North Avenue and Kimball Avenue.

The village already intends to use Seneca Stone for paving through an Ontario County bid. The proposed resolution would allow the same contractor to perform the milling work rather than requiring a separate bidding process. Village officials cite scheduling, reduced contractor coordination, duplicate mobilization costs and the limited amount of suitable paving weather remaining in 2026 as reasons for the approach.

For North Avenue, the village estimates roughly two weeks of milling would cost $50,850 through Villager Construction compared with about $37,200 through Seneca Stone. On Kimball Avenue, the estimated milling cost is $5,850 through Villager Construction and $1,250 through Seneca Stone.

If approved, the resolution would determine that Seneca Stone offers the best value for both projects and waive the otherwise required competitive bidding process for the milling work.

North Avenue paving has been planned for this fall following earlier water-service work on the street.

Village Court could seek up to $30,000

Another resolution would authorize the Penn Yan Village Court to apply for as much as $30,000 through New York’s Justice Court Assistance Program for the 2026-27 grant cycle.

The village says the court needs additional copier, scanner and printer equipment to handle required court records. The Village Court consists of a village justice, associate village justice and three court clerks, all of them part-time positions.

Approval Friday would authorize the grant application, not award the funding.

Annexation litigation also on agenda

Trustees are also expected to consider authorizing Dailey to execute documents connected to the resolution of several pending lawsuits involving an annexation matter between the village, IDA and Town of Milo.

The agenda does not provide details about the contemplated settlement documents or specify what actions would resolve the litigation. It lists the authorization separately from the Champlin Avenue matter.

The Village Board previously approved a resolution in July related to the proposed annexation of 38.24 acres of village-owned property on Elmwood Avenue and the environmental review associated with that action.

Friday’s meeting begins at 8 a.m. in Room 202 of Village Hall, 111 Elm St.