November 9, 2011
The regular meeting of the Pulteney Town Board was called to order by Supervisor William Weber at 7:00 PM on Wednesday, November 9, 2011, at the Pulteney Town Hall with Pledge of Allegiance.
Present were: Supervisor William Weber, Councilman Robert Kemp, Councilman Richard French, Councilman Elizabeth Ryder, Councilman Junior Gibson, Bookkeeper Joyce Apenowich and Town Clerk Donna Conley. Absent were Highway Supt. George McIntyre and Town Attorney John F. Leyden. Also present was Code, Watershed and Zoning Officer Lauren Welch.
Councilman Gibson made motion seconded by Councilman French to accept the minutes of the October 12, 2011 regular meeting and the October 25, 2011 special meeting. All in favor. Carried.
Supervisor Weber discussed the finance statements for general, highway and water.
Councilman Kemp made the motion seconded by Councilman Ryder to make the following transfers in the General Account:
FROM TO
A1010.4 $ 300.00 A1620.43 $ 300.00
A1220.2 100.00 A1620.43 100.00
A1355.4 1,150.00 A1620.43 150.00
A1620.45 1,000.00
A1620.48 2,600.00 A1620.45 1,000.00
A1670.41 400.00
A3310.2 1,200.00
A5010.4 400.00 A3310.2 400.00
A7510.4 1,000.00 A3310.2 300.00
A3620.4 700.00
A1410.2 520.00 A1670.42 520.00
A1410.4 10.00 A1670.42 10.00
A1410.4 10.00 A1670.44 350.00
A1355.2 340.00
A8810.4 722.00 A3510.4 120.00
A1670.42 570.00
A8020.4 32.00
TOTAL $7,152.00 TOTAL $7,152.00
Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman Ryder made motion seconded by Councilman Gibson to pay the General Bills in the amount of $406.35 being vouchers No. 237 and No. 238 on Abstract No. 11B, the amount of $11,862.17 being vouchers No. 239 to No. 259 on Abstract No. 11and the amount of $872.50 being vouchers No. 260 and No. 261on Abstract No. 11A. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman French made motion seconded by Councilman Ryder to make the following transfers in the Highway Account:
FROM TO
D5110.4 $11,600.00 D5130.41 $ 5,500.00
D5132.42 800.00
D5132.45 800.00
D5142.4 4,500.00
TOTAL $11,600.00 TOTAL $11,600.00
Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman Gibson made motion seconded by Councilman Kemp to pay Highway Bills in the amount of $36.70 being vouchers No. 174, No. 179 and No. 180 on Abstract No. 11A and the amount of $8,453.99 being vouchers No. 181 to No. 195 on Abstract No. 11. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman Ryder made motion seconded by Councilman French to make the following transfers in Water District No. 1:
FROM TO
SW8310.4 $200.00 SW1910.82 $200.00
Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman French made motion seconded by Councilman Kemp to pay Water District No. 1 Operating Bills in the amount of $61.27 being voucher No. 81 on Abstract No. 11A and the amount of $3,725.30 being vouchers No. 82 to No. 90 on Abstract No. 11. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Water Plant Operator Ken Forenz had asked for a resolution to levy unpaid tax bills onto January tax bills at last meeting.
Councilman Ryder made motion seconded by Councilman Gibson to make the following RESOLUTION:
RESOLVED, that the Town Clerk is authorized and directed to submit the list of all delinquent water bills in Water District No. 1 in the Town of Pulteney to the Office of Steuben County Real Property Tax to be re-levied on the Town & County Tax bills for 2012. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, 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 and Zoning Officer, Historian and Town Highway Superintendent reports. All in favor. Carried.
The “ Welcome to Pulteney” signs were discussed. The highway dept. has put one sign up on our master meter site on the north end of 54A. Supervisor Weber noted he has verbal agreements from the other property owners but Attorney Leyden said it would be better to have easements. Atty. Leyden will draw up the easements when we have the rest of the property information.
The handyman position for the Town Hall area was discussed. Neal Perkins had approached Councilman Ryder about the position and had noted he would be interested in it.
It was noted we paid our previous handyman $15.00 per hour.
Councilman Kemp made motion seconded by Councilman Ryder to hire Neal Perkins at the rate of $15.00 per hour to be our handyman subject to an answer from our insurance agent about our workman’s compensation coverage and liability insurance for him or if he has his own. He would be hired as a contractor rather than an employee. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman Gibson made motion seconded by Councilman French to recess the regular order of business to open the public hearing for Local Law No. 2 of 2011 entitled “ A local law to override the tax levy limit established in General Municipal Law 3-c. All in favor. Carried.
Town Clerk read the legal ad.
Supervisor Weber explained the law and noted it needed to be adopted before the adoption of the 2012 budget.
It was asked if it is for one year only. Supervisor Weber noted it was and would have to be done each year if needed. Also asked if the taxes will be going up. Supervisor Weber noted the tax rate as figured now will be about 4%. No more public questions. Supervisor Weber closed the public hearing.
Councilman French made motion seconded by Councilman Gibson to close the public hearing and resume the regular order of business. All in favor. Carried.
We are still waiting for the NYSEG energy saving crew to return to fix the 4 lights in the Town Hall. We will hold their payment until the job is done.
After Atty. Leyden reviewed David McConnell’s bill for $442.00 for refund from his grievance case, he advised the Board not to pay the bill, as the hearing officer did not put a figure in the space provided for such refund. A letter was written to David McConnell and we have not heard anything further from him.
Supervisor Weber explained what Dennis Vai and himself was told at the Association of Town’s meeting they attended October 17, 2011 in Corning regarding local laws and natural gas drilling in the Marcellus Shale region. He further explained where the Dryden court case stands verses the drilling company. He noted the Judge has reserved his decision as yet.
Councilman Kemp made motion seconded by Councilman Ryder to adopt Local Law No. 2 entitled “ A local law to override the tax levy limit established in General Municipal Law 3-c. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Resolutions needed for the tax override for Water District No. 1 and the Ambulance District were discussed.
RESOLUTION for the Water District No. 1:
WHEREAS, it is the intent of this resolution to allow the Town of Pulteney (Town) to adopt a budget for Water District No. 1 for fiscal year commencing January 1, 2012 that requires a real property tax levy (EDU charge) in excess of the “tax levy limit” as defined in General Municipal Law 3-c.
WHEREAS, this resolution is adopted pursuant to subdivision 5 of General Municipal Law 3-c which expressly authorizes a district’s governing body to override the property tax cap for the coming fiscal year by the adoption of a resolution approved by a vote of sixty percent (60%) of said governing body.
Upon motion made by Councilman Kemp and seconded by Councilman French, it is
RESOLVED, the Town Board of the Town of Pulteney is hereby authorized to adopt a budget for Water District No. 1 for the fiscal year commencing January 1, 2012 that requires a real property tax levy within the district (EDU charge) in excess of the amount prescribed in General Municipal Law 3-c; and it is further
RESOLVED, if a court determines that any part of this resolution or the application thereof to any person or entity is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, nor invalidate the remainder of this resolution.
This resolution was duly adopted by a sixty percent (60%) majority vote of the Town Board as follows: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes.
RESOLUTION for the Ambulance District:
WHEREAS, it is the intent of this resolution to allow the Town of Pulteney (Town) to adopt a budget for Ambulance District No. 1 for fiscal year commencing January 1, 2012 that requires a real property tax levy in excess of the “tax levy limit” as defined in General Municipal Law 3-c.
WHEREAS, this resolution is adopted pursuant to subdivision 5 of General Municipal Law 3-c which expressly authorizes a district’s governing body to override the property tax cap for the coming fiscal year by the adoption of a resolution approved by a vote of sixty percent (60%) of said governing body.
Upon motion made by Councilman Kemp and seconded by Councilman Gibson, it is
RESOLVED, the Town Board of the Town of Pulteney is hereby authorized to adopt a budget for Ambulance District No. 1 for the fiscal year commencing January 1, 2012 that requires a real property tax levy within the district in excess of the amount prescribed in General Municipal Law 3-c; and it is further
RESOLVED, if a court determines that any part of this resolution or the application thereof to any person or entity is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, nor invalidate the remainder of this resolution.
This resolution was duly adopted by a sixty percent (60%) majority vote of the Town Board as follows: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes.
Board reviewed proposed Local Law No. 3 of 2011 entitled “A Local Law imposing a 12 month moratorium on the siting and approval of commercial/industrial facilities within the Town of Pulteney”. After discussion from the public, the Board was asked to hold a public hearing on the proposed local law at a special meeting prior to our next regular board meeting as the deadline for public comments to DEC is before the December regular meeting.
Supervisor Weber made motion seconded by Councilman Ryder that we hold a public hearing at 7:00 PM on Tuesday, November 22, 2011 on a Local Law No. 3 of 2011 entitled “A Local Law imposing a 12 month moratorium on the siting and approval of commercial/industrial facilities within the Town of Pulteney”. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Councilman Gibson made motion seconded by Councilman French to recess the regular order of business for the public hearing on the Preliminary 2012 Town Budget. All in favor. Carried.
Town Clerk read legal ad.
Supervisor Weber suggested three changes to the Preliminary Budget for 2012: A1410.1 personal services for Town Clerk be raised from $27,107.00 to $27,638 to show a 4% increase instead of a 2% increase as it is a full time position same as the highway men; A1410.4 contractual expenses to be raised from $400 to $1000 and A3510.11 dog enumeration be raised from $1,000 to $2,000.
Questions asked from public were about the unexpended balance for each account and the explanation of contractual expenses throughout the budget. Supervisor Weber explained there is almost no unexpended funds and the contractual expenses are for travel, schooling and other expenses of the position.
The dog enumeration (A3510.11) amount of $2,000 was discussed. Board agree to not do an enumeration next year therefore taking out the $1,000 on the Preliminary Budget and the proposed raise of $1,000 to do one.
No more public comments, Supervisor Weber closed the public hearing.
Councilman Gibson made motion seconded by Councilman French to close the public hearing on the 2012 budget and resume the regular order of business. All in favor. Carried.
Councilman French made motion seconded by Councilman Kemp to adopt the 2012 Preliminary Budget as presented with the following three changes:(1) A1410.1 personal services for Town Clerk be raised from $27,107.00 to $27,638 (2) A1410.4 contractual expenses to be raised from $400 to $1,000 (3) A3510.11 dog enumeration amount of $1,000 be deleted. Roll call vote: Councilman Kemp, yes; Councilman French, yes; Councilman Ryder, yes; Councilman Gibson, yes; Supervisor Weber, yes. Carried.
Janet Stone presented the Board with a resolution asking the Board to adopt it and send copies to government officials regarding concerns of hydro-fracking in the Finger Lakes Watershed area.
Board did not like the wording of the resolution. Alyse Irwin volunteered to help rewrite the resolution so it would pertain more to the Town of Pulteney and give it to the Board to review at the November 22, 2011 special meeting.
Councilman French made motion seconded by Councilman Gibson to adjourn the meeting. All in favor. Carried.
Meeting adjourned at 9:20 PM.
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Town Clerk |
