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

  1. Planning Board minutes from the 8/11/08 meeting.
  2. Fourth & Maple LLC – letter of increase in rental of gymnasium
  3. Fourth & Maple LLC – letter regarding activities at the old high school
  4. (2) quotes from Crandall’s Memorials and Umiker’s Memorials (cemetery)
  5. Letter from NYS DEC to C.Horowitz regarding SEQR for Allegany Wind Project LLC
  6. Letter from Village of Allegany regarding a joint meeting on 10/22/08 at 3:30 at Village Hall
  7. NYMIR – notification that prior letter of fee changes is rescinded.
  8. Letter from resident Rosemary Ryan about the STAR and Sr. STAR and assessments
  9. NYS Comptroller’s Office – Re: securing local gov’t deposits & temporary investments
  10. Time Warner Cable negotiations regarding WIVB AND WNLO broadcasting
  11. Memo from Hwy Superintendent regarding agreement with Red Cross
  12. NYMIR Handbook – The Risk Transfer Process: Methods, Challenges &Solutions
  13. FOIL request from CSEA – (Comptroller answered)
  14. NYMIR – notice of website and password.
  15. Watson-Bennett, Attys – Local Wind Law Retainer Agreement
  16. Town of Allegany Zoning Board of Appeals minutes from 9/8/08 meeting.
  17. Letter from Independent Health regarding health insurance coverage
  18. NYSEG – letter about natural gas emergency response training.
  19. NYS DOT –designation of restricted highway
  20. Catt. Co. Youth Bureau – NYS Claim form information letter
  21. (2) Letters from C. Horowitz to Wal-Mart reps. regarding conditions for C of O.
  22. Business Development Report – September 2008
  23. NYSEG – emergency numbers
  24. 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