Supervisor William Weber called the regular meeting of the Pulteney Town Board to order at 7:00 PM on Wednesday, March 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, Highway Supt. George McIntyre, Town Attorney John F. Leyden, Bookkeeper Helen Coombs and Town Clerk Donna Conley. Other town employees present were Code, Watershed and Zoning Officer Lauren Welch, Water Plant Operator Ken Forenz, DCO John Ballam and Historian Sharon Daggett.
Councilman Snyder made motion seconded by Councilman French to accept the minutes of the February 10, 2010 board meeting. All in favor. Carried.
Supervisor Weber reported on the Profit & Loss statements in highway, general and water.
Councilman French made motion seconded by Councilman Kemp to pay General Bills in the amount of $1,686.52 being voucher No. 47 on Abstract No. 2C; the amount of $798.60 being voucher No. 48 on Abstract No. 2D;the amount of $64.16 being vouchers No. 49 on Abstract No. 3A and the amount of $5,353.76 being vouchers No. 50 to No. 69 on Abstract No. 3. 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 Kemp to pay Highway Bills in the amount of $70.01 being voucher No. 40 on Abstract 2B; the amount of $36.99 being vouchers No. 41 to No. 43 on Abstract No. 3A and the amount of $22,476.55 being vouchers No. 44 to No. 61 on Abstract No. 3. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Councilman French made motion seconded by Councilman Snyder to pay Water District No. 1 Operating Bills in the amount of $181.08 being voucher No. 16 on Abstract No. 3A and the amount of $12,062.45 being vouchers No. 17 to No. 26 on Abstract No. 3. 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 Snyder to pay Water District No. 1 Capital Project Bills in the amount of $1,879.01 being voucher No. 3 on Abstract No. 3. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
As Chesapeake Energy has withdrawn its application to the EPA and DEC for the Bergstresser well, Supervisor Weber removed his recused position from the project. He noted a letter was sent February 16th from the Town Board to Chesapeake Energy stating how the Town felt about putting wastewater down wells in our area. To date we have not had a response from them.
Atty. Leyden discussed the draft cost recovery legislation local law entitled “The Town of Pulteney Providing for Reimbursement of Professional Consultation Fees”. The Board had received a copy to review but it needs to be in its final form before a public hearing can be held.
A draft moratorium law was asked to be drawn up at the last meeting. As there is no issue at this time, no draft law was drawn. DEC law supercedes town laws in association with gas wells and a moratorium has a limited time frame to follow. We need to protect Pulteney by our land use regulations and look at a regional approach of protection. The Planning Board will need to take an active role and review our land use regulations for future protection of Pulteney for gas well development and to provide a franchise tax. The local law can be done while working on the home rule legislation.
Supervisor Weber made motion seconded by Councilman Kemp authorizing Supervisor Weber to write KLA (Keuka Lake Association) asking them to start looking into writing Home Rule Legislation for gas wells and other related legislation for the 6 towns and 2 villages around the lake. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
The public had concerns about Chesapeake reapplying at any time and asked that the law be done expeciously. Also was stated that other attorneys say we need the moratorium in place before we receive an application. Atty. Leyden noted this was not true.
Jane Russell read a letter from the “The Pulteney Open Government Group” stating they had 155 signatures asking for the resignation of Supervisor Weber because they felt he did not represent the best interests of the Town and the Town’s residents over the course of the last 6 months, mainly on the Chesapeake Energy project.
Kathy Burns, a member of our Planning Board, stated the Planning Bd., Town Bd., County Planning Bd. and any other Board that may be involved needs to work together on this matter.
After people stated their concerns, Supervisor Weber closed this part of the meeting.
Councilman French made motion seconded by Councilman Gibson to receive and place on file Code Enforcement Officer (CEO) & Watershed Officer & Zoning Officer, Dog Control Officer, Highway Supt. and Justice March reports. All in favor. Carried.
In the Historian report it was asked if there was $2,000 to be used in the Presbyterian Cemetery again this year to fix the stones? Supervisor Weber said it was not a line item but it was put in to have the work done. Councilman Kemp made motion seconded by Councilman French to accept and place on file the Historian’ March report. All in favor. Carried.
Water Plant Operator report was given. We have 250 hookups now and North Country is supposed to do the additional work on the tanks within the month. Councilman Kemp made motion seconded by Councilman French to accept and place on file Water Plant Operator’s March report. All in favor. Carried.
Highway Supt. reported they have used the grader to push snow back, opened culverts, the 1 Ton truck burned up on Feb. 26th and are waiting on the insurance company to see what they will do, been plowing and working on the trucks and Steve is painting the shop. Would like to put out for bids for lawn mowing and crushing gravel.
Councilman Snyder made motion seconded by Councilman Gibson authorizing town clerk to advertise for bids for the lawn mowing and mowing of the cemeteries to be opened at our April meeting at 7:30 pm. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Crushing gravel was discussed whether to crush in our own gravel bed or buy crushed and have it delivered. We would do about 7,000 yards either way.
Councilman French made motion seconded by Councilman Kemp authorizing the town clerk to advertise for crushed gravel bids – one with crushing our own gravel up to 7,000 yards and bid to purchase 7,000 yards of crushed gravel delivered. Bids would be opened at the April meeting at 7:40 pm. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Supervisor Weber appointed Councilman Snyder to attend the KWIK meetings if he was unable to. Councilman Kemp made motion seconded by Councilman Gibson appointing Councilman Snyder as second on the KWIK Commission to attend KWIK meetings in the event Supervisor Weber could not attend. All in favor. Carried.
Board agreed to have Atty. Leyden put together a draft moratorium law ready to be put in place if necessary and file it to save time later.
A letter from Steuben County Self-Insurance about Worker’s Compensation was received stating they will need an additional $5,352.00 from the Town of Pulteney due to increasing medical costs, legal fees and a number of claims they have come into a short fall but we will pay it in 2011. It was noticed that we are paying one of the highest amounts. Supervisor Weber will check into this and also with our insurance agency regarding other means for workmen’s compensation and report back.
Supervisor Weber had received a report from the sheriff’s dept. noting the times and dates of inspections of the Town Hall.
The Corning Community College Leadership Conference for all departments of government will be held April 15th at the cost of $25.00 per person and the pre-registration is due by March 31st.
Supervisor Weber made motion seconded by Councilman Kemp approving all appropriate people from the town interested in going to the Corning Community College Leadership Conference to attend at the cost of $25.00 each. Roll call vote: Councilman Snyder, yes; Councilman Gibson, yes; Councilman Kemp, yes; Councilman French, yes; Supervisor Weber, yes. Carried.
Supervisor Weber received a proclamation honoring war veterans who have sacrificed while in the Armed Forces. Board agreed to have Supervisor Weber check further into it and see if there is a cost involved.
Kathy Burns, from Office of the Aging, explained that the survey done last year in the Town of Pulteney for the feasibility of the elderly to age in place has brought about an $18,000 grant from the state to put some of the suggestions in place in Pulteney. She gave a copy of the excepted proposal for information and asked that the board support them and get the word out. She will be sending out letters telling the results of the survey.
Our old voting machine was again discussed. Councilman Snyder checked and found no one interested in it. She suggested we put it on Craig’s list and see if someone wants it and if not let it go for scrap.
Supervisor Weber made motion seconded by Councilman Gibson authorizing Councilman Snyder to advertise the old voting machine on Craig’s list for any upset price she thinks is reasonable. All in favor. Carried.
Appointments for the Grievance Bd., Zoning Board of Appeals and Planning Board were discussed.
Supervisor Weber suggested Gary Emmick’s name for the Zoning Board of Appeals for a five-year term. No one else had any names.
Supervisor Weber made motion seconded by Councilman Kemp to appoint Gary Emmick to the Zoning Board of Appeals for a five-year term. All in favor. Carried.
The Board was asked to bring names to the April meeting for the Grievance Bd. as there is a one-day training scheduled for May 5th which is a requirement.
A new Waste Water Treatment Law is being worked on but is not ready yet. We should have a revised version in a couple of months.
Work is still being done on the payment schedule for the Ambulance District No. 1 contract. Councilman Gibson made motion seconded by Councilman Snyder to recess regular order of
business to go into executive session to discuss two personnel matters. All in favor. Carried.
Councilman Gibson made motion seconded by Councilman French to close executive session and return to the regular order of business. All in favor. Carried.
Supervisor Weber commented on what was discussed in executive session. Board discussed the potential member of the Planning Bd. and agreed to have Supervisor Weber write a letter to Ben Hartman asking him for more information of his interest in being on the Planning Board. No decision for appointment was made. They also reviewed Water Plant Operator’s work adjustment schedule and agreed to it with the understanding the use of the town truck is to be used for town business only.
Councilman French made motion to adjourn.
Meeting adjourned at 9:00.
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