Huron Town Board Minutes - subject to approval.
Regular Meeting October 17, 2011
Call to Order
Regular Meeting of the Huron Town Board was called to order by Supervisor Laurie Crane at the Huron Town Hall on October 17, 2011, at 7:00 p.m.
Flag Salute
Supervisor Crane led the flag salute.
Roll Call
Upon roll call the following members were present: Supervisor Laurie Crane, Councilmembers David Buisch, Alan Traister, Russell Teeple and Lois Buckalew.
Welcome
Supervisor Crane welcomed everyone.
Announcements
Public Hearing for Huron-Wolcott Fire District at 7:30 p.m.
Public Hearing for WAVAC at 7:45 p.m.
Public Hearing for Local Law #4 of 2011 at 8:00 p.m.
Public Hearing for Local Law #5 of 2011 at 8:15 p.m.
Public Participation
Gary Penner (Secretary of Port Bay Improvement Association) thanked the Town Board for their time, and proceeded to present Councilmember Buisch with tokens of their appreciation; David is a member of the Association, and served on the Board as Secretary for the past nine years. Gary stated the Association would not be as successful as is today, without David's contribution.
Correspondence
The following correspondence was received and filed:
1. Received a Magazine Certificate from the Department of Labor to Town Clerk in regards to Pettit's Gun Shop.
2. A letter from the Department of Health to the Town Board in regards to Partial Approval-Completed Works on West Port Bay Road, Loon Point, Walnut and Willow Roads for Water District #7.
3. A copy of a letter from Martin Mroczek of MRB Group to Sheryl Robbins of NYS Health Department in regards to Partial Completed Works on West Port Bay Road, Loon Point, Walnut Road and Willow Road for Water District #7.
4. A copy of a letter from Martin Mroczek to Sheryl Robbins in regards to Water District #6- Additional Water Main to Oak Park Marina.
5. A letter from Charles Bastian of Bernard Donnegan to Supervisor Crane in regards to Water District #6 Financial Consulting Services
6. A letter from NYMIR in regards to Cutting and Welding Safety
7. A letter from Knauf Shaw to Wayne County Board of Elections in regards to removing all names for assessors on the November ballot.
Discussion of Correspondence
#4 Assessor Scudder inquired on this letter; Supervisor Crane responded that it was a spur off the main line.
#5 the budget was increased for rebonding, due to the project running later than anticipated.
Linda Yancey
Linda Yancey thanked the town board for the use of the town hall for the Historical Society meetings. She asked to address the Town Board because the Society is in the process of creating a constitution and bylaws and needs to define the relationship between the Society and the Town. There is also the question of property ownership in the event of dissolution. It was generally agreed that all items/property taken into possession by the Historical Society would revert to Town ownership if the society were to disband. Carol Flint clarified that all the contents of the Town's historical buildings are the property of the Town. Attorney Knauf will research the relationship issue. Regarding new donations, Linda stated that the Society in relationship to the Town, would like to function in a managerial capacity as opposed to a custodial capacity under the Town's supervision. The matter has been adjourned until the November meeting.
Fire Extinguishers
There is nothing to report at this time. Roger is still investigating the issue.
Paychex Handbook
The approved Handbook has not been forwarded for printing pending a decision by the Board regarding continued Medical plan coverage of Town retirees, at their own expense.
Open Public Hearing for Huron-Wolcott Fire District
Supervisor Crane opened the public hearing for Huron-Wolcott Fire District at 7:30 p.m. The amount of the fire district is $24,051 for the year 2012. This is the same as 2011. Councilmember Teeple moved, seconded by Councilmember Buisch to close the public hearing at 7:32 p.m. All in favor of motion.
Back to Paychex Handbook
Councilmember Buisch will contact MVP to determine what affect, if any, continued coverage of retirees would have on the experience rating and rate structure of the Town's medical plan. During the discussion it was clarified that a new employee is provided a single policy (covered by the town) with dependent coverage available at the employee's expense. An employee waiving coverage under the Town's plan will receive $1,000.00 a year, payable at the last pay period before Christmas, under the buyout provision of the plan.
Phone System
The Board agreed to have Roger Galant contact Alan Weed for a cost estimate for removing all the old, inoperative cable/wiring systems housed in the communication room. He will also contact BAS for a cost estimate to correct the problems with the current telephone system.
Clerk-Planning/Zoning
The Town received 12 applications for the position. The Town Clerk turned the applications over to Councilmember Buisch, who will conduct preliminary interviews with the applicants.
Violence in the Workplace
Councilmember Buisch attended a training seminar dealing with requirements municipalities must meet with regard to issues involving "Violence in the Workplace" and "Sexual Harassment". All employees must be trained on the subjects annually (training DVD's are available). A Town Policy Statement must be posted identifying contact personnel and a review committee. The contact personnel and committee established: Councilmember Buisch, Highway Superintendent Reyn and Court Clerk Kathy Wachtman. Judi Buckalew offered to assist with training.
Open Public Hearing for WAVAC
Supervisor Crane opened the public hearing for the WAVAC Contract at 7:46 p.m. According to Town Attorney Knauf, emergency medical/ambulance services can be contracted for a fire protection district that does not provide emergency medical/ambulance services. Councilmember Teeple moved, seconded by Councilmember Buisch to close the hearing at 7:53 p.m.
RESOLUTION #101-2011
Accept Contract for WAVAC
On motion of Councilmember Teeple, seconded by Councilmember Buisch the following resolution was ADOPTED- AYES 5 NAYS 0.
RESOLVED, to approve the WAVAC agreement for 2012 subject to final approval by Supervisor Crane and WAVAC and the supervisor is authorized to sign.
Colonial Penn
Councilmember Buckalew moves, seconded by Councilmember Buisch to allow Chris Kellogg of Colonial Penn to make a presentation of the various benefit programs they offer.
Open and Close Public Hearing for Local Law #4 of 2011
Supervisor Crane opened the public hearing for Local Law #4 of 2011 at 8:01 p.m. Attorney Knauf explained the law, which essentially provides steps to be taken by the Building Inspector to secure a judicial warrant, in the event a homeowner refuses to cooperate with reasonable attempts to gain needed access to the property by the Building Inspector. Supervisor Crane moved, seconded by Councilmember Buisch to close the hearing at 8:35 p.m.
Comments from the public:
Frank Fleck: Asked if the Town had access to property which wasn't posted. He expressed his opinion that the law is unconstitutional and harassment. He made reference to several verbal complaints he registered with the Town concerning septic issues on property located at 10466 Lummisville Road, stating nothing has been done ( He was asked to submit the complaint in writing). He questioned that the law was really necessary.
Supervisor Crane: Cited a property for which taxes have not been paid in years; this law would allow us to get access to the property and possibly get it placed on the tax roll again.
Dennis Brooks: Does not favor a law giving someone access to his property.
Frank Fleck: Inquired if there is a fine for non-compliance in the Zoning Law.
Attorney Knauf: The Civil Fine can be up to $1,000 and continues per day; Criminal fine is $500 and/or imprisonment for not more than fifteen days; repeat offense $1000 and/or imprisonment for not more than six months.
Pam Brooks: Inquired as to what steps would be taken to gain access to a property.
Attorney Knauf: A formal notice will be served/mailed by first class mail or personally served.
Judi Buckalew: Commented this common practice with many laws.
Frank Fleck: Expressed his feeling that regardless of public opinion, the board will do what it wants.
Nancy Hamilton: Stated there are people present who would like to see the law put into place to protect the properties when there are problems.
Councilmember Buisch: Asked Roger how many times he encountered problems gaining access to property. (Roger replied, very few). He also asked Attorney Knauf if there is any other legal way to deal with the few instances we might have.
Councilmember Buckalew: Can the town write a letter to DEC to investigate?
Donna Traister: Is there a provision for Roger to have protection.
Open and Close Public Hearing for Local Law #5 of 2011
Supervisor Crane opened the public hearing for local law #5 of 2011 at 8:35 p.m. Attorney Knauf explained the necessity of a law, when a Town budget is expected to exceed the 2% tax levy limit established by the State. Supervisor Crane moved, seconded by Councilmember Teeple to close the public hearing at 8:45 p.m.
Comments:
1. There is a substantial fine for exceeding the 2% cap, without explanation and proper filings.
2. The funding of special Water District No.7 is one of the reasons the budget will exceed the 2% cap.
3. Account Clerk Hamilton explained that interest payments for Water District #6 is another factor.
Committee Reports:
Councilmember Teeple
Highway Superintendent: Nothing to report.
Water District #6&7: Moving along
Councilmember Traister
Historian: Carol commented on her visit with Ted Mundy (former Town Board Member) at the Wayne County Nursing Home. She had given him old Town Board minutes for which he was very appreciative.
Dog Seizure Report: A Black Lab was picked up at Lake Bluff Campground.
Councilmember Buckalew
Assessment: Assessor Scudder said that there were 26 small claims; decisions have come in with ¼ of them having no change.
Buildings: Building Inspector Gallant reported that they expect to start work on the roof next week. He inquired if anyone had any questions concerning the project (There were no questions). Concerning single phase electric service, he is waiting for RG&E to move.
RESOLUTION #102-2011
Move Expansion
On motion of Councilmember Buckalew, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to amend resolution #88-2011 and move from 1620408A (office expansion) to 1620409A (Building Repair from Reserves).
Committee Reports Cont.:
Councilmember Buisch
Planning Board: Councilmember Buisch moved, seconded by Councilmember Teeple to receive and file the Planning Board minutes of September 12, 2011. Motion carried.
Zoning Board: Councilmember Buisch moved, seconded by Councilmember Teeple to receive and file the Zoning Board minutes of September 13, 2011. Motion carried.
Receive & File Building Inspector's Monthly Fee Reports: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the Building Inspector's September monthly fee report. Motion carried.
COAX (Home Rule): This item has been tabled to the November meeting.
Building Inspectors Report:
•· Septic Inspections are almost complete.
•· Building at 11210 Ridge Road has burned to the ground. According to reports there were three people living there. The Town was not aware the structure was occupied: No permits were issued.
Executive Session
Supervisor Crane moved, seconded by Councilmember Traister to go into executive session for legal matters at 8:55 p.m.
Out of Executive Session
Councilmember Teeple moved, seconded by Councilmember Buckalew to move out of executive session at 9:08 p.m.
Committee Reports Cont.:
Building Inspector's Report
RESOLUTION #103-2011
Replace Server
On motion of Councilmember Buckalew, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, authorize Building Inspector Gallant to have server replaced at a cost not to exceed $5500.00. Funding will come from account number 8030400A (Water Research), moved to account number 1620200A (Buildings Equipment).
Committee Reports Cont.:
Building Inspector's Report
•· Dick Thompson returned from assessing the damage of Hurricane Irene in the southern tier. The counties over which Mr. Thompson has jurisdiction sustained significant damage:
Westchester County: 243 damaged or destroyed structures.
Greene County: 441 damaged or destroyed structures.
Broome County: 6,691 damaged or destroyed structures.
Supervisor Report
Town Clerk's Monthly Report: Councilmember Buisch moved, seconded by Councilmember Teeple to approve the September 2011 monthly report of the Town Clerk. Motion carried.
Town Board Meeting Minutes: Councilmember Buisch moved, seconded by Councilmember Traister to approve the September 19, 2011 Regular Town Board meeting minutes and the September 13, 2011, September 21, 2011 and September 27, 2011 Special Meeting Minutes. Motion carried.
Supervisor's Month Report: Councilmember Buisch moved, seconded by Councilmember Teeple to receive and file the September monthly Supervisor's report. Motion carried.
Town Issues:
•· Met with Dave Doyle (MRB Group) and Stu Brown on Water District #8; need to get surveys started.
•· Attended meeting September 29, 2011 at Greece Town Hall on the regulation of Lake Ontario water levels. Supervisor Crane received a letter today that was sent to the Hamlin Town Board and forwarded to area Supervisor's, encouraging Towns to register opposition to the proposed regulation of lake levels being considered by the International Joint Commission.
County Issues:
•· Working on the budget.
•
Attorney Knauf
LWRP: working with the consultant to complete surveys.
RESOLUTION #104-2011
Permission to Sign Huron-Wolcott Fire District Agreement
On motion of Councilmember Buisch, seconded by Councilmember Teeple the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to give permission for Supervisor Crane to sign the agreement with Village of Wolcott and Wolcott Fire Department for this district for 2012.
Local Law #4 of 2011
Councilmember Buckalew moved, seconded by Councilmember Buisch to table this local law until November 21, 2011 Regular Town Board Meeting.
RESOLUTION #105-2011
Local Law #4 of 2011 (Override the Tax Levy)
On motion of Councilmember Teeple, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.
WHEREAS, Proposed Local Law No. 4 of 2011 of the Town of Huron would override the tax levy limit established in General Municipal Law 3-c; and
WHEREAS, the Town Clerk caused a copy of a Notice of a Public Hearing on proposed Local Law No. 4 of 2011 to be published in the Times of Wayne County on October 9, 2011, on the sign board of the Town maintained pursuant to Town Law §30(6) on October 3, 2011, and on the Town of Huron website (along with the proposed text of the law) on October 3, 2011; and
WHEREAS, the Local Law has been on the desks of all Town Board members since October 2, 2011; and
WHEREAS, adoption of proposed Local Law No. 4 of 2011 would be routine or continuing agency administration and management, and related local legislative decision-making, and therefore is a Type II action under the State Environmental Quality Review Act, pursuant to 6 N.Y.C.R.R. §617.5(c)(20, 27); and
WHEREAS, a public hearing was duly held on that proposed Local Law on October 17, 2011 at 8:15 PM before the Town Board at the Huron Town Hall, and all persons desiring to speak were heard;
NOW, on Motion duly made and seconded, it is
RESOLVED that, pursuant to the Municipal Home Rule Law, proposed Local Law No. 4 of 2011 is hereby enacted, and shall be filed with the Secretary of State.
RESOLUTION #106-2011
BAS Proposal for Internet
On motion of Councilmember Buisch, seconded by Councilmember Buckalew the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to accept the BAS Proposal for a new firewall/router and new switch at a cost not to exceed $1,000.00.
Article 7 Assessment Cases
Assessor Scudder asked Attorney Knauf if he has looked the cases over; he would like to get them down to possibly 2-3 cases to save the Town money.
RESOLUTION #119-2010
Approval of Transfers
On motion of Councilmember Buisch, seconded by Councilmember Buckalew the following resolution was ADOPTED - VOTE -A YES 5 NAYS 0.
RESOLVED, to approve the following transfers:
From 19904A (Contingency) to 1620405A (Heating) $97.64
RESOLUTION #120-2010
Audit & Pay Bills
On motion of Councilmember Buckalew, seconded by Councilmember Buisch the following resolution was ADOPTED - VOTE - AYES 5 NAYS 0.
RESOLVED to give permission to pay the following vouchers with a change to voucher number 560 for an additional $200.00.
September 22, 2011
Vouchers 518-520 17,777.80
Capital Project #5 17,777.80
October 4, 2011
Vouchers 521-524 7,000.44
General 2,512.54
Highway 2,610.92
Trust and Agency 1,876.98
October 17, 2011
Vouchers 525-567 51,420.96
General 13,504.63
Highway 29,047.53
Sodus Bay Aquatic 8,868.80
October 17, 2011
Vouchers 568-572 521,244.95
Capital Project #6 521,244.95
Adjournment
Councilmember Teeple moved, seconded by Councilmember Buisch to adjourn at 9:59 p.m. Motion carried.
Next Regular Board Meetings
Huron Planning Board will meet on November 14, 2011 at 7:30 p.m.
Huron Zoning Board of Appeals will meet on November 15, 2011 at 7:30 p.m.
Huron Town Board will be held on November 21, 2011 at 7:00 p.m.
Tammy A Vezzose
Town Clerk
