Supervisor William Weber called the regular meeting of the Pulteney Town Board to order at 7:00 PM on Wednesday, February 10, 2010, at the Pulteney Town Hall with roll call followed by Pledge of Allegiance.
Present were: Supervisor William Weber; Councilman Elizabeth Snyder; Councilman Junior Gibson; Councilmen Richard French; Councilman Robert Kemp; Town Attorney John F. Leyden; Bookkeeper Helen Coombs and Town Clerk Donna Conley. Other town employees present were Code, Zoning and Watershed Officer Lauren Welch, DCO John Ballam and Historian Sharon Daggett. Absent were: Highway Supt. George McIntyre and Water Plant Operator Ken Forenz.
Chesapeake Appalachia well injection situation was discussed. There were about sixty people present to discuss the matter. Paul Schnipelsky as representative from the Pulteney Pure Water Citizens Committee read a letter expressing their concerns for deep well waste injection and the possibility of gas well hydro-fracking in Pulteney. He also gave a letter offering his services and expertise in the matter of the Bergstresser well deep well injection site. Over 400 signatures on petitions were given the Town Board requesting a moratorium be put in place. Town Clerk will file the petitions.
Supervisor Weber recused himself from any discussion and Deputy French took over the discussion for a moratorium.
Atty. Leyden explained what a moratorium is and what information is needed to put one in place. He further noted it could not be done tonight, as it will need to be put into a law and it will take from 60 to 90 days.
Following more discussion the people asked if the Board would make a resolution that they would put a moratorium law into effect and write a letter to Chesapeake Energy asking them to rescind their application from DEC for this project and let them know how the people in Pulteney stand.
Councilman Snyder made motion seconded by Councilman Gibson that by the next board meeting we would have in place language for a draft moratorium law, which would require the board to tell Atty. Leyden exactly what we want in this law for the wording. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, abstained. Carried.
Councilman Snyder made motion seconded by Councilman Gibson that the Town Board work with Atty. Leyden’s to draw up a letter speaking of the concerns of the community about the Chesapeake Energy wastewater disposal coming into Pulteney. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, abstained. Carried.
Supervisor Weber returned to the meeting. Atty. Leyden explained what lead agency status was. It seems it was the Planning Boards decision as to who would be lead agency not the Supervisor’s or Town Board’s. The DEC has been notified of lead agency being given by the wrong person. A letter was received from the Planning Board chairman, Lisa Stone, addressed to the Town Board indicating that the Planning Board wanted to be lead agency of the SEQR process with this project but noted we have not received an application yet. Atty. Leyden explained that a letter should be addressed to the DEC with a copy to the town. The letter needs to be detailed as to why they think they should be lead agent and be sent certified mail and copied to other involved agencies interested. He further noted that when two agencies complete for lead agency under SEQR rules the Commissioner of New York Dept. of Environmental Conservation decides who will be lead agent.
Supervisor Weber read a letter received from Kathleen and Duane Bergstresser.
Over 700 signatures on petitions were given the Town Board opposing any gas well hydro-fracking in the Town of Pulteney or any other site in New York. Town Clerk will file them.
Councilman French made motion seconded by Councilman Gibson to accept the minutes of the January 13th organizational and regular board meetings. All in favor. Carried.
Supervisor Weber reported on the Profit & Loss statements in highway, general and water.
A five-year plan for road repairs was discussed being put in place.
Councilman French made motion seconded by Councilman Kemp to pay General Bills in the amount of $569.00 being vouchers No. 21 to No. 23 on Abstract No. 2A and the amount of $24,327.82 being vouchers No. 24 to No. 46 on Abstract No. 2. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Councilman Gibson made motion seconded by Councilman French to pay Highway Bills in the amount of $452.19 being vouchers No. 19 to No. 21 on Abstract 2A and the amount of $18,917.62 being vouchers No. 22 to No. 39 on Abstract No. 2. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Councilman Kemp made motion seconded by Councilman Gibson to pay Water District No. 1 Operating Bills in the amount of $898.68 being voucher No. 9 on Abstract No. 2A; the amount of $185,000.00 being voucher No. 10 on Abstract No. 2B and the amount of $484.60 being voucher No. 11 to No. 15 on Abstract No. 2. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Councilman Kemp made motion seconded by Councilman French to pay Water District No. 1 Capital Project Bills in the amount of $23,994.00 being voucher No. 2 on Abstract No. 2. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Councilman Gibson made motion seconded by Councilman French to receive and place on file Code Enforcement Officer (CEO) & Watershed Officer; Zoning Officer; Water Plant Operator; Dog Control Officer, Highway Supt., Justice’s January and February and Historian reports. All in favor. Carried.
Atty. Leyden discussed the Jeff Shill property ay 13377 W. Lake Rd. and gave the Board a resolution for adoption to move forward with the clean of it.
Supervisor Weber made the following resolution seconded by Councilman Kemp:
WHEREAS, the Town Board of the Town of Pulteney has received complaints from residents concerning the real property situated at 13377 West Lake Road, Pulteney, New York (the "Premises");
WHEREAS, upon information and belief, the Premises are owned by Jeffrey Shill;
WHEREAS, upon information and belief, the Premises have been unoccupied and abandoned for approximately one (1) + or- years;
WHEREAS, the Premises are in serious disrepair and pose a threat to the safety and health and general welfare of the residents of the Town of Pulteney;
WHEREAS, the Premises constitute a public nuisance.
NOW, upon motion made and duly seconded, it is
RESOLVED that the Premises are determined to be a public nuisance and the structures on the Premises are unsafe and pose a risk to the general health, safety and welfare of the residents of the Town of Pulteney.
RESOLVED, that the Code Enforcement Officer of the Town of Pulteney is hereby directed to take all appropriate action to cause the owner of the premises to abate this public nuisance;
RESOLVED, that upon the failure or refusal of the owner of the Premises to abate said nuisance, the Town Attorney shall take all appropriate legal action to secure the authority for the Town of Pulteney to demolish the buildings situated on the Premises and removal of the same with all costs associated with said demolition and removal to be paid by the owner of the Premises or assessed as a lien against the Premises upon the owner's failure to reimburse the Town of Pulteney.
This resolution was duly adopted by a majority vote of the Town Board as follows: Supervisor Weber, yes; Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes. Carried.
The backhoe on the adjoining property owned by Jeff Shill was discussed. Supervisor Weber will contact DOT about it.
An Agreement between the Town of Pulteney and Atty. Leyden for the Board to consider retaining the Attorney as a contractor instead of a salaried employee for legal services and other terms, provisions and conditions stated in the agreement was explained. We would pay him ten thousand one hundred nineteen dollars and ten cents ($10,119.10) in equal monthly installments.
Councilman Kemp made motion seconded by Councilman Gibson to approve the Agreement between the Town of Pulteney and Atty. John Leyden with the agreement to pay him the annual sum of ten thousand one hundred nineteen dollars and ten cents ($10,119.10) in equal monthly installments retroactive to January 1, 2010, and authorize Supervisor Weber to sign and give him checks for January and February. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Revised Wastewater Treatment Law was given to Board members to review and consideration for March meeting. All towns around the lake need the same uniform law.
The boiler report received from Tony Smolos, Smarthouse, was discussed. It had items he considered needing attention listed on it. Board agreed to have Tony contacted and put dollar amounts with what he has suggested to be done on the Town Barn, Ambulance bldg. and Town Hall boilers. Councilman Snyder suggested having Halco, the Home Energy Analyzers discussed at last meeting, do an efficiency check of the three buildings and get their suggestions.
Supervisor Weber discussed additional money for Assessor David Oliver and the reaffirmation of a reval being done. The Assessor had asked for $8,000.00 a year for 2 years to do the reval. The reval should take effect on the 2011 school tax.
Supervisor Weber made motion seconded by Councilman Kemp to reaffirm the Board’s decision to proceed with the reval with the understanding the Assessor is paid an additional $8,000.00 for the first year to do the reval. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
A letter has been received from Steuben County Board of Elections stating NYS Board of Elections has certified the new voting machine, which means the county will no longer be using the lever voting machines. The county is offering the machines back to the towns that originally purchased them. Board discussed taking ownership back and what to do with it. Councilman Snyder asked if schools for fire companies would like them.
Councilman Gibson made motion seconded by Councilman French that we agree to take possession of our voting machine and decide in March of its disposal. All in favor. Carried.
Councilman Snyder will contact the schools and fire companies to see if they would like it.
The rabies clinic was discussed. More information will be given at the March meeting after veterinarians are contacted to see when available.
NYS Retirement needs a resolution stating what the minimum workday for Pulteney would be.
Councilman Kemp made motion seconded by Councilman Gibson the Board established that a work day be a minimum of 6 hours and all elected or appointed officers on the NYS Retirement system that don’t have a time keeping system need to start keeping track of their time doing town business for 150 days starting March 1st. All in favor. Carried.
Names given for the position on the Planning Bd. were Bryan Gordon, Patricia Rafalowski and Ben Hartman. None were offered for the Board of Assessment Review or Zoning Board of Appeals.
Board agreed to table any decision tonight to ask the people whose names were given but not contacted if they would be interested in the position.
There were no public comments.
Councilman Gibson made motion seconded by Councilman French to recess the regular order of business to go into executive session to discuss potential litigation. All in favor. Carried.
Councilman Gibson made motion seconded by Councilman French to close executive session and reopen the regular meeting. All in favor. Carried.
Supervisor Weber stated that potential litigation was discussed during the executive session.
Councilman French made motion to adjourn. All in favor. Carried.
Meeting adjourned at 10:05 PM.
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