MINUTES FOR TOWN OF CHEMUNG TOWN BOARD MEETING HELD ON JULY 9, 2014 AT 7PM in the Town Hall at 48 Rotary Road Ext. Chemung NY 14825

SUPERVISOR RICHTER LED EVERYONE IN THE PLEDGE OF ALLEGIANCE TO SALUTE THE FLAG.

ROLL: PRESENT: NAGEL: BIRNEY; BERNATAVITZ; RICHTER

EXCUSED: LOPER

ON A MOTION BY BIRNEY AND SECONDED BY NAGLE THE MINUTES OF THE JUNE 11, 2014 MEETING WERE ACCEPTED.

CARRIED: BIRNEY; BERNATAVITZ; NAGLE; RICHTER

PUBLIC HEARING: STARTED AT 7:02PM, LOCAL LAW #2 OF 2014-SOLID FUELING BURNING DEVICES

ATTORNEY BOCEK READS THE PUBLIC NOTICE AND RULES FOR THE PUBLIC HEARING, AND THEN ASKS IF ANYONE WISHES TO COMMENT.

1.  DENNIS BROWN, WILAWANA ROAD-COMMENTS THAT, IN HIS OPINION, THE LOCAL LAW IS ONLY TO GENERATE REVENUE BY FINING TOWNSPEOPLE WHO DO NOT COMPLY.

BOSEK SAYS THAT THE FINES WOULD BE PAID TO THE STATE ANYWAY. WITH A LOCAL LAW ON THE BOOKS, THE TOWN IS ABLE TO KEEP THE FINE MONEY.

RICHTER ADDS THAT IT IS NOT A MONEY MAKER FOR THE TOWN, AS THE TOWN INCURS ALL THE EXPENSES TO TICKET AND PROSECUTE AND RETAINS NONE OF THE FINE MONEY WITHOUT THE TOWN HAVING ITS OWN REGULATIONS.

PUBLIC HEARING WAS CLOSED AT 7:08PM

COMMUNICATIONS:

1.  EXCELLUS-RATE INCREASE REQUEST 16%

2.  SENKA AGENCY-REFUND OF CAPITAL INVESTMENT

3.  NYS DEPT OF LABOR-FIRE ESCAPE LEGISLATION

4.  NYS DEPT. OF PUBLIC SERVICE-NATURAL GAS RISK ASSESSMENT ORDER

5.  CHEMUNG CO. SOIL AND WATER-CHANGE OF FISCAL YEAR CALENDAR

6.  NYSDEC-SEQR DETERMINATION DALRYMPLE VAN BOVEN PIT

AUDIT REPORT-MELANIE SINSABAUGH, TOWN BOOKKEEPER, HAS ANOTHER MEETING TO GO TO SO THIS IS ITEM #2 UNDER NEW BUSINESS. MS. SINSABAUGH SAYS THAT THE AUDIT WENT VERY WELL; WE IMPROVED ON SEVERAL POINTS THAT WERE LISTED IN THE 2012 AUDIT AND FOUND TO HAVE BEEN RESOLVED WITH THE 2013 AUDIT. THERE WERE A COUPLE MINOR MISTAKES, CHALKED UP TO HUMAN ERROR. OVERALL THE AUDIT REPORT WAS VERY POSITIVE.

PUBLIC FORUM:

1. DENNIS BROWN, WILAWANA ROAD-COMMENTED ON THE TOWN HIRING A CONSULTANT FOR THE BUILDING REPAIRS AND THE TOWN SHOULD HAVE “SHOPPED AROUND” FOR THE BEST PRICE. RICHTER FEELS WE ARE GETTING A GOOD VALUE FOR THE COST.

JULY 9, 2014 PAGE2 OF 2

BUILDING COMMITTEE:

THE MEETING/COURT ROOM AND HALLWAY WERE PAINTED WHILE THE TOWN HALL WAS CLOSED 4TH OF JULY WEEK. CONFERENCE ROOM CEILING IS STILL LEAKING WHEN IT RAINS.

OLD BUSINESS:

1.  LOCAL LAW ON SOLID FUEL BURNING DEVISES

RESOLUTION 2014-065

LL#2 SOLID FUELS BURNING DEVISES

RESOLUTION BY: NAGLE

SECONDED BY: BERNATAVITZ

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO ADOPT LOCAL LAW #2 OF 2014, REGULATING THE USE OF OUTDOOR SOLID FUEL BURNING DEVISES

CARRIED: AYES: BERNATAVITZ; NAGLE; BIRNEY; RICHTER

NAYES: NONE

(COPY OF LOCAL LAW #2 IS AN ATTACHMENT AT THE END OF THESE MINUTES)

2.  HIGHWAY BUILDING REPAIRS-THE CONTRACT IS IN PLACE WITH THE ENGINEER. THE BID SPECIFICATION WILL BE DRAWN UP SOON.

NEW BUSINESS:

1.  LOCAL LAW TO EXCEED TAX CAP

RESOLUTION 2013-066

LOCAL LAW #3 OF 2014

EXCEED TAX CAP

RESOLUTION BY: RICHTER

SECONDED BY: BIRNEY

RESOLVED, THE CHEMUNG TOWN BOARD INTRODUCES LOCAL LAW #3 OF 2014. A LAW TO EXCEED THE TAX CAPS

CARRIED: AYES: NAGEL; BIRNEY; BERNATAVITZ; RICHTER

NAYS: NONE

1A. SCHEDULE PUBLIC HEARING ON LOCAL LAW #3 OF 2014

RESOLUTION 2013-067

SCHEDULE PUBLIC HEARING ON

LOCAL LAW #3 OF 2014

RESOLUTION BY: BIRNEY

SECONDED BY: BERNATAVITZ

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO SET A PUBLIC HEARING ON LOCAL LAW #3 OF 2014 TO EXCEED THE TAX CAP. THE PUBLIC HEARING IS SCHEDULED FOR AUGUST 13, 2014 AT 7PM AT THE CHEMUNG TOWN HALL BEFORE THE START OF THE REGULAR MONTHLY MEETING...

CARRIED: AYES: BIRNEY; BERNATAVITZ; NAGLE; RICHTER

NAYES: NONE

2.  2013 AUDIT REPORT-SEE ABOVE

JULY 9, 2014 PAGE 3 OF 3

RESOLUTION 2014-068

ACCEPT MONTHLY REPORTS

RESOLUTION BY: BIRNEY

SECONDED BY: LOPER

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO ACCEPT THE MONTHLY REPORTS FROM ALL DEPARTMENTS FOR THE MONTH OF JUNE 2014.

CARRIED: AYES: BERNATAVITZ; NAGLE; BIRNEY; RICHTER

NAYS: NONE

RESOLUTION 2014-069

PAY MONTHLY BILLS

RESOLUTION BY: BERNATAVITZ

SECONDED BY: NAGLE

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO PAY THE MONTHLY BILLS IN THE FOLLOWING ACCOUNTS: GENERAL ABSTRACT #7 AND HIGHWAY ABSTRACT #7 FOR JUNE 2014.

CARRIED: AYES: NAGEL; BIRNEY; BERNATAVITZ; RICHTER

NAYS: NONE

RICHTER SAYS THE CONTRACT NEGOSIATIONS BETWEEN THE HIGHWAY WORKERS AND THE TOWN OF CHEMUNG WILL BEGIN NEXT MONTH

ON A MOTION BY BIRNEY AND SECONDED BY NAGLE THE MEETING WAS ADJOURNED AT 7:37PM UNTIL AUGUST 13, 2014.

CARRIED: AYES: BIRNEY; BERNATAVITZ; NAGLE; RICHTER

NAYS: NONE

RESPECTFULLY SUBMITTED:

MARY ELLEN STERMER,

CHEMUNG TOWN CLERK