MINUTES TOWN OF ALLEGANY REGULAR BOARD MEETING TUESDAY OCTOBER 21, 2008 7:00 PM TOWN HALL
PRESENT WERE:Supervisor EatonCouncilman Jonak
Councilman SendlakowskiCouncilman Hitchcock
Councilman WolfHwy Superintendent Gleason
Comptroller C. HemphillTown Clerk M. Peck
Absent:Attorney Tuttle
ALSO PRESENT:K.Wilson-Town Engineer, J.Dzuroff, M.Lombardo and townspeople
Salute to the Flag at 7:00 pm opened the meeting.
To be heard:Megan Taylor – Community Health Outreach Coordinator- Ms. Taylor gave a presentation regarding banning smoking on community parks and playgrounds.
#1-MOTION TO ADOPT YOUNG LUNGS AT PLAY
Motion by Eaton WHEREAS, smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and
WHEREAS, secondhand smoke is responsible for over 50,000 deaths among nonsmokers each year; and
WHEREAS, tobacco kills more Americans each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS combined; and
WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old; and
WHEREAS, everyday an estimated 3,900 young people under the age of 18 try their first cigarette and one-third of these children will die prematurely from tobacco related illnesses; and
WHEREAS, to help role model non-smoking behavior to children and youth; to provide children, youth and their families with a safe, smoke-free environment;
THEREFORE, the Town Board of the Town of Allegany, New York, Cattaraugus County resolves as follows:
That the playgroundareas located and controlled by the Town Board of Allegany, New York be designated as tobacco-free zone. Appropriate signage will be posted designating tobacco-free zones. This resolution will become effective on October 21, 2008. 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
MONTHLY REPORTS
Town ClerkBuilding & Zoning
Highway SuperintendentRecreation & Parks
Town Justice D. Porter – report for Sept. 2008 – amount of check $4,410.00
Town Justice A. Spears – report for Sept. 2008 – amount of check $6,798.25
AUDITED CLAIMS
Gen A$86,500.37Hwy DA$29,633.58
Gen B $2,413.28Hwy DB$56,717.34
Sp Dist $5,138.83
#2-MOTION TO APPROVE MINUTES
Motion by Sendlakowski to approve the minutes from the Sept. 16, 2008 regular board meeting as written. 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
CORRESPONDENCE
- Planning Board minutes from the 8/11/08 meeting.
- Fourth & Maple LLC – letter of increase in rental of gymnasium
- Fourth & Maple LLC – letter regarding activities at the old high school
- (2) quotes from Crandall’s Memorials and Umiker’s Memorials (cemetery)
- Letter from NYS DEC to C.Horowitz regarding SEQR for Allegany Wind Project LLC
- Letter from Village of Allegany regarding a joint meeting on 10/22/08 at 3:30 at Village Hall
- NYMIR – notification that prior letter of fee changes is rescinded.
- Letter from resident Rosemary Ryan about the STAR and Sr. STAR and assessments
- NYS Comptroller’s Office – Re: securing local gov’t deposits & temporary investments
- Time Warner Cable negotiations regarding WIVB AND WNLO broadcasting
- Memo from Hwy Superintendent regarding agreement with Red Cross
- NYMIR Handbook – The Risk Transfer Process: Methods, Challenges &Solutions
- FOIL request from CSEA – (Comptroller answered)
- NYMIR – notice of website and password.
- Watson-Bennett, Attys – Local Wind Law Retainer Agreement
- Town of Allegany Zoning Board of Appeals minutes from 9/8/08 meeting.
- Letter from Independent Health regarding health insurance coverage
- NYSEG – letter about natural gas emergency response training.
- NYS DOT –designation of restricted highway
- Catt. Co. Youth Bureau – NYS Claim form information letter
- (2) Letters from C. Horowitz to Wal-Mart reps. regarding conditions for C of O.
- Business Development Report – September 2008
- NYSEG – emergency numbers
- NYMIR – response to the notice of intent rec’d Sept. 19, 2008
#3-MOTION TO ACCEPT FIRE ESCAPE PROPOSAL
Motion by Eaton to accept the fire escape proposal from Billings Sheet Metal, Inc. in the amount of $15,700.00. 2nd by Wolf. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#4-MOTION TO AUTHORIZE SUPERVISOR TO SIGN BACK-UP D.C.O. CONTRACT
Motion by Sendlakowski to authorize the Supervisor to sign the back-up dog control officer agreement with Joyful Rescues. 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#5-MOTION TO APPOINT BOARD OF ASSESSMENT REVIEW MEMBER
Motion by Eaton to appoint Wendy Brand as Board of Assessment Review member with her term to be 10/1/08 until 9/30/13. 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#6-MOTION TO APPOINT NEW HIGHWAY EMPLOYEE
Motion by Wolf to hire Michael Threehouse as a new highway department employee effective 11/3/08 at a wage of $16.83/hour. 2nd by Sendlakowski. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#7-MOTION TO ESTABLISH SEQR FINDINGS ON HIGHWAY GARAGE RENOVATION
Motion by Eaton to determine a negative declaration of the SEQR findings for the addition/renovation to the highway garage. 2nd by Wolf. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#8-MOTION TO AUTHORIZE ENGINEER TO BEGIN WORK ON FIRST STREET WATER LINE
Motion by Eaton that the Town Board authorize the Town Engineer to design , provide a cost structure of the First Street water line, the benefit assessment district with tax parcels included and a 5, 10, 20 year repayment schedule for this project for the next meeting. 2nd by Sendlakowski. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED
#9-MOTION TO HIRE TRIPLE C CLEANING FOR THE TOWN HALL
Motion by Jonak that the Town hire Triple C cleaning to do weekly cleaning for the 1st floor of the Town Hall effective immediately until the end of the year, and then re-hire at the organizational meeting of 2009 if this works out well. 2nd by Sendlakowski. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#10-MOTION TO ESTABLISH OCTOBER 29, 2008 AS JOEY VENO DAY
Motion by Eaton that the Town Board authorize October 29, 2008 as Joey Veno Day at Wal-Mart Plaza. This special recognition is held in conjunction with the Wal-Mart Trucking Association. 2nd by Hitchcock. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#11-MOTION TO HIRE WINDENERGY CONSULTANT FIRM
Motion by Eaton that the Town Board hire Conestoga-Rovers Associates as the engineering consultant firm for the planning board SEQR review on the energy conversion systems. 2nd by Wolf. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#12-MOTION TO SET PUBLIC HEARING ON 2009 TOWN BUDGET
Motion by Eaton that the Town Board hold a Public Hearing on Tuesday, October 28, 2008 at 7:00 pm at the Town Hall conference room on the 2009 Town Budget. 2nd by Sendlakowski. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#13-MOTION TO APPROVE TRANSFERS
Motion by Eaton to accept the following transfers:
$ 139.28 to A1310.11 Dpty Budget Officer PS from A1315.20 Comptroller EQ
$1,492.00 to A1355.49 Assessor CE from A1355.11 Assessor Aide PS
$ 508.00 to A1355.49 Assessor CE from A1670.40 Printing & Mailing CE
$ 180.07 to A7110.14 Parks Maint PS from A7110.40 Parks CE
$ 52.01 to Sp Rec Trail CE from A7150.10 Sp Rec Trail PS
$ 115.07 to A7550.40 Celebrations from A1010.40 Town Board CE
$ 149.18 to A7620.10 Adult Rec PS from A1910.40 Unallocated Insurance
$ 499.04 to DA5140.10 Brush PS from DA5142.10 Snow PS
$2,785.70 to DA9040.80 Workers’ Comp from DA9060.80 Medical Insurance
$2,685.70 to DB9040.80 Workers’ Comp from DB9060.80 Medical Insurance. 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#14-MOTION TO APPROVE BUDGET ADJUSTMENTS
Motion by Eaton to approve the following budget adjustments:
IncreaseA510 Est. Revenues$4,500.00
A2190Sale of Lots $2,000.00
A2192 Cemetery Services $2,500.00
IncreaseA960 Appropriations$4,500.00
A8810.10 Cemetery PS$3,500.00
A8810.40 Cemetery CE $1,000.00 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
#15-MOTION TO APPROVE BUDGET ADJUSTMENTS
Increase SS510 Est. Revenues$6,703.91
SS2122 Sewer Charges$6,703.91
SS960 Appropriations$6,703.91
SS8130.490 Sewer Treatment & Disp$6,703.91 2nd by Hitchcock. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
COMMITTEE REPORTS
- Per Town Engineer, there has been a change order on the highway garage as the decking on the roof is so bad it needed to be replaced. There will be another change order coming, similar to this one. Approx. cost - $5220.00.
From the floor: Paul Kelly of Chipmonk Road: spoke about Zoning Ordinance and the change of zoning. The property off of Chipmonk Road was always zoned Agricultural/Forestry. It seems that the language of the Zoning Ordinance has changed this to an Industrial area because of the wind turbines being put in. Mr. Kelly wants to know what damage to property assessments this has caused.
Nick Mosman of Chipmonk Road: also spoke about the wind turbines that are going to be placed in the Chipmonk Road area. Mr. Mosman is not necessarily against wind turbines, he just doesn’t want them in his back yard. He does not want to have to look at them. He can’t sleep at night because of these things. Mr. Mosman gave Supervisor Eaton the telephone number for the Town of Shelton Supervisor so that Mr. Eaton can talk with him about this matter. Mr. Mosman would like these companies to put the wind turbines somewhere where people can’t see them.
Dave O’Dell: questioned why did the IDA get involved? What is the Town getting from this?
**Supervisor Eaton advised that the DEC has issued a report regarding these. A copy was given to Mr. Kelly. The DEC will have the Planning Board look into this. Also, Supervisor Eaton will request the Town Assessor look into the matter of property values and wind turbines. Supervisor Eaton also advised the public to make their concerns/ideas known to the Planning Board at the Public Hearing.
#16-MOTION TO ADJOURN TO EXECUTIVE SESSION ON PERSONNEL
Motion by Sendlakowski to adjourn to executive session to discuss personnel matters. 2nd by Jonak. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
Regular meeting adjourned at 8:05 pm.
#17-MOTION TO ADJOURN EXECUTIVE SESSION AND REGULAR MEETING
Motion by Jonak to adjourn executive session and regular meeting. 2nd by Hitchcock. Jonak-aye, Sendlakowski-aye, Hitchcock-aye, Wolf-aye, Eaton-aye. CARRIED.
Meeting adjourned at 8:45 pm
Respectfully submitted,
Mary M. Peck
Town Clerk
10/24/08