SERVING THE COMMUNITIES OF AVOCA, PRATTSBURGH AND PULTENEY

Town of Avoca

Minutes of the Avoca Town Board regular meeting Sept. 19, 2007 called to order by Supervisor Wellington at 7 p.m.

Present were: Supervisor, Chris Wellington; Councilman, Doug Heinemann; Councilman, Francis Feely; Councilwoman, Wendi Hammond; Councilman, Ken Parsels; Attorney, Karl Anderson Jr.; Town Clerk, Kim Jackson; Highway Super., Dan Hamilton; Bookkeeper, Betty Mattison.

Others present were: James Hall, Evelyn Goodine, Joe Hargrave, Gail & Charles Burlew, Pam Harmon, Bill Perkins, Frank Lysyczyn, Robert Dodds, John Walsh, Terry Sutfin, Barbara & Nelson Eaton and Grethcan Hubbard.

The Avoca Town Board said the Pledge of Allegiance for the meeting.

Motion by Councilman Feely, seconded by Supervisor Wellington accepting the minutes of the August 15, 2007 minutes of the regular meeting with the changes made to adding the bookkeeper to the list of present personnel, also adding last names of people and striking from the record about the bookkeeper not taking the duties pay from the clerks pay. All in favor. Carrried.

Motion by Councilwoman Hammond, seconded by Councilman Parsels approving the following departmental reports for the month of August 2007. All if favor. Carried.

Town Clerk Zoning

Animal Control Officer Building Code

Visitors: Mr. Burlew asked the board if an environmental study had been done on the chemical that the town put on Redmond gully road. Dan Hamilton stated that he had the MSDS sheets on this chemical and said it is environmentally safe; this chemical is for stabilization on raods. Pam Harmon asked the board if they did a study to find out the negative side affects of this and told the board that there a couple of things that this chemical does, one is corrodes electrical lines. Evelyn Goodine asked the board if there would be a daycare for all employees that worked in the building, in the new building project. She also asked who paid the clerk and deputy clerk for the grant project they did and Mr. Wellington answered the board did, she said if you knew if was wrong why did you pay them, he stated because it was already done. She also asked who changed the lock on the back door to the records room and Mr. Wellington said he did and he said he had the right to. Gretchan, Frank, Terry and James Hall were here for the wind tower public hearing. Barbara Eaton there will be a mandatory digital training in Henrietta on Sept. 27, 2007 she asked the board for approval for the four of them to attend a training class of digital recording in the court room this is a mandatory training. John Walsh: miss quoted, the bridge that he said was in Steuben County that was similar to the one that collapsed recently in Minnesota is not the same kind of bridge, Jeff Parker from Soil & Water stated the soil & water grant fund has brought $900,000.00 in grant monies in Steuben County for soil banks, erosion and stabilization. The county is signing a contract with Canandaigua power partners to allow wind farm transmission lines to cross the edge of Cohocton town property; to sign the county will receive $5,000.00 and $10,000.00 to install and another $10,000.00 to resign. The new jail has received its certificate of occupancy and should be open by Nov. 1, 2007. Cornell Coperative extension has been doing a study on grass bio energy, growing this grass on farms and turning it into pellets and ethanol to burn. There will be a demonstration on Robert Palmers farm, Saturday, Sept. 22, 2007 at 10 a.m.

Motion by Councilman Feely, seconded by Supervisor Wellington authorizing the four of them to attend the training class on Sept. 27, 2007. All in favor. Carried.

Chris Wellington stated we will start the hearing now at 7:43 p.m. after much discussion from the board and the public. Mr. Wellington closed the hearing at 8:49 p.m. and the following motion was made.

Motion by Supervisor Wellington, seconded by Councilwoman Hammond to table everything to do with local law until next month. All in favor. Carried.

Motion by Councilwoman Hammond, seconded by Coucilman Heinemann to accept the bills the General and Highway fund. All in favor. Carried.

Dan Hamilton, Highway Superintendent: Dan updated the board about the roads; he received $29,664.97 in CHIPS reimbursement. Cook has been rebuild, Dyer Road is done for this year, Redmond is regraded and put on some new stuff to see how it works it is pretty expensice. The new loader came with weights and it needs more weights the cost will be $2,500.00 to $3,000.00.

Motion by Councilman Feely, seconded by Councilman Parsels authorizing Dan to purchase the weights. All in favor. Carried.

Information: Cesare Taccone, Says his windshield broken by a stone falling off one of the Towns Highway trucks. The Towns insurance has denied payment and he wants the town ot pay for a new windshield. The estimate is for $190.00. After some discussion by the board the following motion was made.

Motion by Supervisor Wellington, seconded by Councilwoman Hammond to deny paying the claim based where the rock came from and based on what the insurance companies assessment was with it. All in favor. Carried.

Information: Crystal Laverty has been hired for the position of Assessor Clerk. Gary Calkins aksed the board if they want Crystal to attend the Assessors meeting once a month the board said yes that would be a good idea. Mr. Wellington said in regards to Miss Laverty another thing the board should think about is back in the Code office having Crystal be clerk to the Zoning and Code officer and give her the authority to issue the applications and paper work that is necessary to get started and learn the computer and compensate her for it and Karl will talk to Ronnie to see how far it can go and what authority she can have.

Motion by Councilman Feely, seconded by Councilman Heinemann authorizing Crystal Laverty to act as clerk in the Code and Zoning Office. All in favor. Carried.

Information: Mr . McMahon would like to put propane tanks on the property of Wilbri on Michigan Hollow Rd. and Old Kanona Rd., Mr. McMahon needs a letter from the town board stating that it is okat to put the tanks there. Karl Anderson would liek to see decumentation from the environmental effects Karl will talk to Ronabout this matter. Mr. Wellington said that why is the town board being brought in on this matter. Mr. Anderson asked Mr. Perkins to talk to Mr. McMahon to give to him, Mr. Anderson the requirements so I can go from there.

Mr. Wellington wanted to see about setting up a budget meeting next Thursday, September 27, 2007 at 7 p.m.

Motion by Councilman Hammond, seconded by Supervisor Wellington to post the names of each person of the different boads and when the meetings are and the terms of their position, and direct Mr. Anderson to talk to Nelson about posting these. All in favor. Carried.

Motion by Councilman Feely, seconded by Councilman Parsels to adjourn at 9:33 p.m.

Town of Prattsburgh

The regular meeting of the Town Board of the Town of Prattsburgh was called to order at 7:00 P.M. on October 16, 2007 at the Prattsburgh Town Hall, 19 North Main Street, Prattsburgh, N.Y.

The Call to Order was made by Supervisor McConnell and was followed by the Pledge of Allegiance.

PRESENT: Supervisor J. Harold McConnell, Councilpersons Charles Shick, Stacey Bottoni, David Hall, and Sharon Quigley; Highway Superintendent Chris Jensen; Water/CEO Les Babcock; Town Attorney John Leyden; Bookkeeper Dolores Billings; and Town Clerk Pamela Kula.

ALSO PRESENT and welcomed by the Supervisor was Stevie and Amanda Kula, Donna Campbell, Kim Lambertz, Donnie Snyder, Tom Johnson and Tony Byington.

APPROVA L OF MINUTES

On a motion of Councilman Hall, seconded by Councilwoman Bottoni, it is resolved that the minutes of the September 17, 2007 Town Board Meeting are approved.

MONTHLY FINANCIAL REPORT

On a motion of Councilwoman Quigley, seconded by Councilman Hall, it is resolved to accept the monthly financial report as submitted by the Town Supervisor.

AUDIT OF CLAIMS

On a motion of Councilman Hall, seconded by Councilman Quigley, it is resolved that the following bills be paid as audited. GENERAL FUND BILLS ck#18124 through ck#18180 (Including Highway, Light, Sidewalk and Water) and amounting to $59,731.77. TRUST & AGENCY BILLS ck#5158 through ck#5196, including payroll checks and electronic transfer and amounting to $38,445.00.

APPROPRIATIONS

On a motion of Councilman Hall, seconded by Councilwoman Bottoni, it is resolved to make the following appropriations to prevent shortages in various accounts:

General Fund:

FROM: A1989.4 Unclassified Expense $1,762.00

A1990.4 Contingent Account $1,992.00

TO: A1620.42 Bldgs.,rpr & maint. $250.00

A1620.46 Bldgs, rubbish $250.00

A3120.4 Police, C.E. $43.00

A 3 3 1 0 . 4 Traffic Control, C.E. $71.00

A5132.4 Barn, phones $150.00

A5132.42 Barn, Maint. $700.00

A7510.4 Historian, C.E. $28.00

A8810.4 Cemetery, C.E. $500.00

A9010.8 NYS Retirement $1,762.00

Highway Fund:

FROM: D 9 0 6 0 . 8 Benefits, Insurance $1,621.00

TO: D9010.8 NYS Retirement $1,621.00

Water District:

FROM: SW8310.2 Capital Outlay $1,393.00

TO: SW9010.8 NYS Retirement $1,393.00

The NYS Retirement increases are due to the actual bill is going to be more than what they estimated for the Town's 2007 budget last year.

DOG SHELTERING SERVICES

The SPCA contract quote for the 2008 year is $3,744.00. We have also received a quote from Betty Walden of Canisteo, New York. Betty Walden's rates are less than the SPCA and she is available 24 hours a day seven days a week for Dog Impoundment services

On a motion of Councilman Hall, seco nded by Councilwoman Bottoni, the following resolution wasADOPTED: Ayes 5, McConnell, Quigley, Hall, Bottoni, Shick; Nays 0.

Resolved that the Town enter into a contract with Betty Walden, 6851 McBeth Road, Canisteo, New York for dog sheltering services for the 2008 year.

Communications:

Supervisor McConnell said that the Town has received an Excellence in Equity award from the New York State Office of Real Property Services. This is the 5th consecutive year of eligibility for this reward for providing fair and equitable assessments.

McConnell also read a letter received from the Iron Workers Local 33 in Rochester, New York. The letter implies that UPC and their subsidiaries will not be using local labor to work on the Windmill projects and requests that PILOT requests be tabled until the matter regarding the Unions' complaints is resolved.

Harold also read a letter received from Naples Ambulance informing us of their election of officers. They want to incorporate one area resident from each town to also service on their Board of Directors. Harold asked the Board members to think about who they would like to designate to be on that board.

The Supervisor said that the Windfarm Company would be giving a total of approximately

$72,000.00 to historical entities in the Town. The money will be distributed to various entities including the Narcissa Prentiss House ($2,000.00), the Library (11,500.00), the School ($23,000.00) if they will provide courses on local history, and the balance ($37,000.00) to the Historical Society.

Highway Report: (Chris Jensen) Since our last meeting we have been cleaning ditch repairing shoulders and head walls and changing pipes that are bad. We also have been spot grading and adding gravel as needed. We have put down topsoil and grass seed along new black top in town. We have been mowing backsides of ditches with the boom mower for increased visibility at intersections and along open fields. We are still working with the County on the Tuttle Road Bridge, hauling in and out materials as needed.

In the shop we have started prepping all the trucks for the snowplow season. This includes putting on new tires, taking off stone hitches, and Apron plates. Adjusting and running the bed chains used for sanding. While the truck is in for these services, we have also been cleaning up and painting the boxes.

Code Enforcement/Water: (Les Babcock) August to September report: Issued 3 building permits as follows: 2 additions to home and 1 addition to barn; issued 1 permit renewal, did 19 building inspections; 1 code complaint, witness perk test at Faber farm; 3 dig safely notices marked; sent 1 property maintenance notice. Water Department… #2 well pump is out of order, needs to be pulled and replaced. Rebuilt chlorine pump. Installed barricade at hydrant behind the Market Place; repaired water leak on Pratt Street (service line to Pratt Street); getting ready to read meters. Parks & Maintenance… Work on Town Hall gutters; Work on lights in Park and get prices on street lamps. Went to White Oak Nursery to look at stock and prices. September to October report: Issued 6 building permits at follows: 3 pole barns, 1 utility shed, 1 car port, 1 resident, 2 building extensions, 16 building inspections, 2 septic inspections, 1 coal stove inspection, 2 property complaints, 2 dig safely notices to stake out, 2 property maintenance notices, 2 letters to permit holders that their work had not commenced and permit would become invalid after 10/15/07. Water….. Moody and Associates came and repaired well that was down; finished reading meters; installed 10 new meters, repaired 2 meters, repaired hydrant behind Market Place. Parks & Sidewalk… Repair Gazebo- new plexiglass $350.00.

On a motion of Supervisor McConnell, seconded by Councilman Hall, at 7:40 P.M. the Board went into executive session to discuss contract negations. Mr. Tom Johnson of Hunt Engineering was invited to stay. On a motion of Councilman Hall, seconded by Councilman Shick the Board returned to Open Meeting at 8:20 P.M.

Highway Superintendent Jensen asked the Board if they had decided that they wanted him and his men to remove the flowerpots off of Main Street for Halloween. Councilwoman Bottoni stated that there is no need for that because she has 3 or 4 people that will be patrolling the streets.

Stevie Kula representing the Historical Society asked the Boards' permission for the Historical Society to use the Town Park for a Christmas tree contest to be held in conjunction with the annual Winter fest. Individual organizations will be decorating the trees that will remain in the Park throughout December. The board agreed this would be okay.

There was some discussion regarding the riding of legal ATV's on Town roads. Supervisor McConnell asked Councilman Shick to get some information on this subject. Superintendent Chris Jensen will also speak to other Highway Superintendents in Towns that do allow legal ATV riding on their roads.

BUDGET MEETING: The Supervisor and the Town Board went over the changes made at the October 2, 2007 budget meeting, as well as making some additional changes. A Public Hearing regarding the 2008 Town Budget was scheduled for Tuesday, October 30, 2007 at 7:00 P.M. The hearing will be held at the Town Hall and the Clerk will advertise this.

On a motion by Councilman Hall, seco nded by Councilwoman Bottoni, the meeting was adjourned at 9:05 P.M.

Town of Pulteney

The regular meeting of the Pulteney Town Board was called to order by Supervisor William Weber at 7:00 PM on Wednesday, October 10, 2007, at the Pulteney Town Hall with roll call followed by Pledge of Allegiance.

Present were: Supervisor William Weber; Councilmen Janet Stone; Councilman Richard French; Councilman James Fox; Councilman Robert Kemp; Highway Supt. George McIntyre; Town Attorney John F. Leyden; Bookkeeper Helen Coombs; CEO/Watershed/Zoning Officer Lauren Welch and Town Clerk Donna Conley.

Councilman French made motion seconded by Councilman Kemp to accept the minutes of the September 12, 2007 regular meeting. All in favor. Carried.

Supervisor Weber gave general and highway profit & loss statements.

Councilman Fox made motion seconded by Councilman Kemp to make the transfer in the General Account from A1990.4 the amount of $68.23 to A1620.46 the amount of $22.68; A5010.4 the amount of $45.55. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman French made motion seconded by Councilman Stone to pay General Bills in the amount of $144.00 being voucher No. 189 on Abstract No. 9B; the amount of $1,830.93 being vouchers No. 190 to No. 194 on Abstract No. 10A; the amount of $196.20 being voucher No. 195 on Abstract No. 10B and the amount of $1,877.79 being vouchers No. 196 to No. 206 on Abstract No. 10. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman French made motion seconded by Councilman Fox to pay Highway Bills in the amount of $351.42 being vouchers No. 180 to No. 182 on Abstract No. 10A and the amount of $12,898.63 being vouchers No. 183 to No. 195 on Abstract No. 10. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman Kemp made motion seconded by Supervisor Weber to pay Water District No. 1 Capital Projects Bills in the amount of $473,736.37 being vouchers No. 48 to No. 50 on Abstract No. 10. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman Stone made motion seconded by Councilman French to pay Water Operating Bills in the amount of $30,405.91 being vouchers No. 1 to No. 6 on Abstract No. 1. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Sharon Daggett and Phyllis Peek, Town Historian, was present to discuss the Presbyterian Cemetery on the Daggett Farm on County Rte. 78. Sharon noted the cemetery on their property is not owned by the Town and asked if the Town would have it surveyed and deeded over to the Town. Phyllis noted the grant information we have received states the Town needs to own the cemeteries in order to get a grant for restoration. They further noted there are other cemeteries in Town, which are not owned by the Town, which probably should be looked into. As Atty. Leyden was not present at this time, Supervisor Weber will get advice from him.

Supervisor Weber made motion seconded by Councilman Kemp authorizing Supervisor to hire a surveyor to work with Atty. Leyden and Mr. & Mrs. Daggett to get the

Presbyterian Cemetery surveyed not to exceed the amount of $1,000.00. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Chuck Franzese, Hunt Engineer's, reported the main line is in; they are working on last 12-15 services; clean up is about all that is left; and water testing is being done. There have been small problems but the contractors are on top of them. John Murphy, Water Project Manager further reported that 92.2% has been paid out of the approved contract amount; NYSEG had power out today for about five hours for the purpose of supplying power to Roff Hill pump station; all mains on 54A have been pressure tested and accepted; grading meter and pump station sites is being done; restoration work is progressing. He explained Change Order Nos. 1 & 2 and presented No. 3 for Board approval.

Change Order No. 3 was discussed for installation of telemetry within the Master Meter Station to interface with Town of Jerusalem water system being $22,778.00 and to supply and install Telog data-logging device and associated electrical work being $1,515.00 for a total of $38,547.00.

Supervisor Weber made motion seconded by Councilman Kemp to approve Change Order No. 3 for the sum of $38,547.00. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman French made motion seconded by Councilman Fox to receive and place on file Code Enforcement Officer's (CEO) & Watershed Officer's; Zoning Officer's; DCO Officer's and Justice's reports. All in favor. Carried.

Supervisor Weber noted he had received a form from Steuben County Dept. of Public Health with notation that a raccoon on Townline Rd. & Gallagher Rd. was rabid.

Highway

Superintendent noted they have put pipes in; put a 4' pipe in on lower Wright Rd., carpeted spots in the roads; done some cold patching; done some grading in north end of Town and put box culverts in near Dr. Frank's Winery and F. Mueller's on lower Middle Road.

Supervisor Weber discussed the revaluation and equalization rates that were brought up at the September meeting. He asked the assessor to do some analysis of properties in the Prattsburgh school district to see if they are being penalized by not doing a revaluation. The assessor will have some data for the next meeting.

Atty. Leyden discussed the problem between Fire District No. 2, Ambulance Service and Fire District No. 1 and noted he misunderstood some of what was said at the last meeting. He understood Fire District No. 1 was a Fire Protection District of Branchport- Keuka Park Fire Dept. not part of their Fire District. Being part of their whole Fire District the Town cannot do anything without Branchport-Keuka Park Fire District's consent.

Supervisor Weber noted that during the public hearing held last month, we heard no one in favor of the "Outdoor Woodburning Furnace" proposed Local Law, it seems the law is not satisfactory as written. The Board further noted it would be a good idea to have the law but needs less restriction. I t was discussed whether or not it could have different restrictions for different zoning districts.

Councilman Kemp made motion seconded by Councilman French to adopt proposed Local Law No. 3 of 2007 "A Local Law Concerning Outdoor Woodburning Furnaces" as now written. Roll call vote: Councilman Stone, no; Councilman French, no; Councilman Fox, no; Councilman Kemp, no; Supervisor Weber, no. Motion failed. Law was not adopted and will be looked at a later time.

Board received the proposed Local Law No. 4 of 2007 being "Land Use and Zoning Regulations" which includes all changes. They will review it for next meeting.

Heat and fire sensor quotes were discussed. Supervisor Weber noted we now have four quotes being:

Empire Telephone: $2,118.42; monthly charge, $ 21.60.

CPE Interlink: $6,292.00; monthly charge, $ 26.67.

Sonitrol Security: $7,885.00; monthly charge, $263.00.

Evaguard: $1,200.00; monthly charge, $ 15.99.

Lauren Welch asked if ADT had been asked. Supervisor Weber will contact them for an estimate. No decision will be made tonight as he did not hear back from the Fire Chief.

Councilman Stone noted she has ordered the playground equipment and it should be here about November 1, 2007. At that time we will need to find volunteers to unload it and to install it. Supervisor Weber will contact North Country Contractors about taking out the old equipment and grading the area if needed.

Board received the tentative 2008 Town Budget.

Supervisor Weber made motion seconded by Councilman Fox to hold a meeting/budget workshop October 24th at 7:00 PM and authorize the Town Clerk to advertise same. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman French made motion seconded by Councilman Stone to hold Halloween in the Town of Pulteney will be Wednesday, October 31st from 6:00 to 8:00 PM and Town Clerk is authorized to advertise such. All in favor. Carried.

Sheldon Tompkins asked why his "Children at Play" signs were taken down by the highway dept. Board members discussed his signs and why other signs were able to stay up.

Highway Supt. McIntyre understood it was for insurance purposes when they were taken down. Supervisor Weber will check with insurance company to see what their reasoning was.

Councilman Stone made motion seconded by Councilman Kemp to recess regular order of business to go into executive session to discuss a personnel matter. All in favor. Carried.

Councilman Stone made motion seconded by Councilman French to close executive session and resume the regular order of business. All in favor. Carried.

Supervisor Weber stated in executive session they discussed a member of the Planning Board not attending meetings, which makes it sometimes difficult to have a quorum for meetings.

Supervisor Weber made motion seconded by Councilman French authorizing Supervisor Weber to write and send a letter to David Hanas thanking him for his time spent on the Planning Board and relieve him of his duties. All in favor. Carried.

A new truck for the Highway Superintendent was discussed.

Supervisor Weber noted he had polled the board members by phone on October 1st about the purchase of a new truck for Ken Forenz, Water Plant Operator, to be paid for from the Water Project No. 1 Operating Account for about $22,000.00. Vote being: Councilman Stone approved by email October 2nd; Councilman French, did not respond to message left on his answering machine; Councilman Fox approved by phone on October 6th; Councilman Kemp approved by phone on October 1st and Supervisor Weber, approved. Majority approved it. Ken Forenz has ordered the

new truck

Councilman French made motion to adjourn. All in favor. Carried.

Meeting adjourned at 9:00 PM.