SERVING THE COMMUNITIES OF AVOCA, PRATTSBURGH AND PULTENEY

Editor's Note: The Minutes of the Village and Town Board meetings appearing below have not been approved at the time this goes to press.

Town of Avoca

Minutes of the Avoca Town Board regular meeting October 17, 2007 called to order by Supervisor Wellington at 7:05 p.m.

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

Others present were: Elaine Barnes, Margene Hoose, Pam Harmon, John Walsh, Terry Sutfin, and Gretchan Hubbard.

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

Motion by Councilman Heinemann, seconded by Councilman Parsels accepting the minutes of the September 19, 2007 minutes of the regular meeting. All in favor. Carried.

Motion by Supervisor Wellington, seconded by Councilman Feely approving the following departmental reports for the month of September 2007. All in favor. Carried.

Town Clerk, Animal Control, Zoning, Building Code

Motion by Councilman Heinemann, seconded by Supervisor authorizing to pay the abstract of bills. All in favor. Carried.

Report from John Walsh: the public defenders office has hired new people so there will be no conflict of interest any more and it is saving about $150,000.00 per year. Office of the aging has reported that the flu shots are here on time and there will be no shortage this year. Emergency services have reported they are at full staff. The prison building is done on time and on budget they are waiting for certification from the state. Health care facility is progressing well.

Highway Super: Dan reported to the board that he received 1800 ton of gravel from the school that was for free. The crew has been hauling sand. I called Steve from NYS DOT to find out about the grant money for the new loader. Redmond Gully Rd. I am not happy with the way it turned out USWP reshot the top of the hill. The crew is getting the roads up and safe and ready for when it is time to plow snow.

Visitors: Margene Hoose asked the board if they would consider a leash law for cats there are two that have been trampling down her flower beds and doing their business in her lawn she knows who they belong to and the people do nothing about keeping them at home. Attorney Anderson said that they really couldn't do anything in the township and since she lives in the village she should go to the board meeting for the village. Cesare Taccone spoke with the board about paying for his windshield that was broke by a stone from one of the town's trucks. Supervisor Wellington said that the insurance company declined it so the board is not responsible to pay. Mr. Taccone said he would have to take the matter to small claims. Elaine Barnes and some residents on Redmond Gully Rd. have been having a problem with a resident there on the hill being able to bring farm animals on his property and chain them out in the front lawn, when it is stated in their deeds that it is residential property. Attorney Anderson stated that the board can not do anything in this case because it is a private matter between the person who put that in their deeds and the individual who owns the property. Terry Sutfin was her to observe.

Motion by Councilman Parsels, seconded by Supervisor Wellington authorizing the dog control Officer, Betty Walden to use the conference room for her meeting, October 26, 2007 and to supply her with a roll of stamps providing she keep track every month of how many stamps she uses and submits the paper work to the board. All in favor. Carried.

Motion by Councilman Feely, seconded by Supervisor Wellington authorizing the Supervisor to sign the Fire & Ambulance contract with the village in the amount of $24,715.00. All in favor. Carried.

Motion by Councilman Heinemann, seconded by Councilman Heinemann accepting the policy and procedure for grant monies. All in favor. Carried.

Motion by Councilman Heinemann, seconded by Councilman Parsels authorizing the bookkeeper, Betty Mattison to attend a seminar on NYS Retirement in Hornell, on November 8 and 9, 2007. All in favor. Carried.

The board agreed to hire a new cleaning person because of complaints in the building that the cleaning is not getting done.

The town clerk will be having a rabies clinic Thursday, October 18, 2007 at the Fire Hall.

Motion by Councilman Feely, seconded by Councilman Heinemann to appoint Ernest Lathrop to the planning board on 10-17-07 to fill the term of Ronald Wilston of which the original term runs 1-1-06 thru 12-31-2010. All in favor. Carried.

The Supervisor informed the board about the certificate for 2007 Gary Calkins, Assessor, got from the state of which he has kept the assessement rate at 100% for seven years.

Motion by Councilman Feely, seconded by Supervisor Wellington authorizing to pay $30,000.00 at 4% and renew the BAN for $20,000.00 on the 2004 Ten Wheeler for one year. All in favor. Carried.

Motion by Councilman Feely, seconded by Councilman Heinemann to go into executive session at 8:11 p.m. to discuss unemployment and personnel. All in favor. Carried.

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 November 20, 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, Councilwoman Stacey Bottoni, Councilman David Hall; Highway Superintendent Chris Jensen; Town Attorney John Leyden; Bookkeeper Dolores Billings; and Town Clerk Pamela Kula. EXCUSED: Councilman Shick and Councilwoman Quigley

ALSO PRESENT and welcomed by the Supervisor was Amanda and Stevie Kula, Kim Lambertz, Lenora and George Applebee, Kim Beechner, and Donnie Snyder.

APPROVAL OF MINUTES

On a motion of Councilwoman Bottoni, seconded by Councilman Hall, it is resolved that the minutes of the October 16, 2007 Regular Town Board Meeting; the October 30, 2007 Public Hearing, and the November 8, 2007 Special Meeting are approved.

MONTHLY FINANCIAL REPORT

On a motion of Councilman Hall, seconded by Councilwoman Bottoni, 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 Councilwoman Bottoni, it is resolved that the bills be paid as audited.

APPROPRIATIONS

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

Supervisor McConnell informed the Board that he had signed both the Road Use Agreement and the Host Agreement between the Town of Prattsburgh and UPC Windfarm. Copies of both agreements are on file under separate cover.

On a motion of Councilwoman Bottoni, seconded by Councilman Hall, the Town Highway Superintendent was appointed Designee and the Town Supervisor was appointed Deputy Designee for issues regarding the Highway Use Contract.

The Board also agreed that a separate bank account would be opened for invoices having to do with the Windfarm Project.

2008 FIRE DISTRICT CONTRACT:

On a motion of Councilman Hall, seconded by Supervisor McConnell, the Town Board signed the 2008 contract for Fire Protection between the Prattsburgh Fire District and the Town of Prattsburgh for fire protection. On recommendation of Attorney Leyden, the Board made a small addition in the terms of the contract. A copy of the contract is on file under separate cover.

RELEVY UNPAID WATER BILLS:

On a motion of Supervisor McConnell, seconded by Councilman Hall, the following resolution was

ADOPTED: Ayes 3 McConnell, Hall, Bottoni

Nays 0

Resolved that water bills that are unpaid as of December 3, 2007 be relevied on the 2008 Town and County Tax Roll.

2008 BUDGET:

On a motion of Councilman Hall, seconded by Councilwoman Bottoni, the following resolution was

ADOPTED: Ayes 3 McConnell, Hall, Bottoni

Nays 0

Resolved to adopt the Preliminary Budget as the Final Budget of 2008.

Highway Report: (Chris Jensen) Since our last meeting, we have been busy wrapping up our construction projects and getting everything ready for the winter weather. We have finished repairing bad spots on Italy Valley Road. We have finished spot grading and have been patching potholes. We have finished back filling, had the blacktop put down on the deck, and helped the County put up the guide rail on the Tuttle Road Bridge, and it is now open.

A couple of the guys worked with Empire Telephone 1 day starting to put up posts for the Welcome to Prattsburgh signs. We started putting up snow fence.

In the shop, the guys have been busy getting all the equipment ready for snow removal. This includes changing tires, repairing and adjusting sander chains, putting plow equipment on the grader, and putting plows and sanders on the pickups. They also cleaned up and painted all the boxes on the dump trucks, with the exception of the Mack, which we will be taking the box off from to set it up with the new brine tank.

Our new 10-wheeler is expected to be finished next week and I am in hopes of getting it in service quick so that the driver has time to get used to be before we get a lot of snow.

Code Enforcement/Water: (Les Babcock) Issued 1 building permit for a storage shed, did 1 permit extension, 6 certificates of compliance or occupancy, did 3 stove and chimney inspections, 2 septic inspections, sent 5 1st notices for property maintenance Water Department… Work on hydrants behind stores, turned off 2 water services, had 1 complaint about pressure; Butch and I flushed hydrants Thursday and Friday last week.

Parks & Maintenance… Installed leaf guard in gutters on Town Hall; Worked on electric boxes in base of street lamps; 3 dig safely notices.

Les would like to eliminate Section 6 and 7 from Local Law #1 of 2004 entitled Property Maintenance Law. He feels it is covered in Sections 8, 9, and 10. If violations are not taken care of in time given, appearance tickets would be issued and Town Court can decide punishment. It would save time, money for ads, and certified mail costs as well as Town Board's time. There was some discussion by the Town Board regarding this law, and it was agreed that Attorney Leyden would prepare a proposed Amendment to Local Law #1 of 2004 for the Board's Review.

PRIVILEDGE OF THE FLOOR:

Stevie Kula asked Highway Superintendent Jensen several questions regarding the amount of plowing and sanding the Town Highway Department has done so far this year.

On a motion by Supervisor McConnell, seconded by Councilman Hall, the meeting was adjourned at 7:30 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, November 14, 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 Kemp made motion seconded by Councilman French to accept the minutes of the October 10th regular meeting and the October 24th special meeting. All in favor. Carried.

Supervisor Weber gave general and highway profit & loss statements.

Chuck Franzese and John Murphy, from Hunt Engineers were present. John Murphy explained the job is progressing very well; clean up and final grading are about done; started putting chain link fence around the booster pump stations; water lines and tanks are full and await formal turn on from manufacturer of pump stations and lines rechecked. No telemetry is done yet but it can be done manually for now. People from EFIplan to be here Monday, November 26th, to check things and train Ken.

Ken Forenz, Water Plant Operator reported he has given 58 permits to residents in the water district; he met with Ed Schwab of the NYSDOL to perform a confined space consultation on our premises as it is a state law requirement to have a Confined Space Program on file for the Water District. He further noted he is in need of three key tools to make the operation functional: Magnetic Locator for $900.00, Locator Box for $3,800 and a Gas Monitor for $800. He asked for board permission to purchase the items.

Councilman Kemp made motion seconded by Councilman Stone authorizing Ken Forenz, Water Plant Operator, to purchase the Magnetic Locator for $900.00, Locator Box for $3,800 and a Gas Monitor for $800 as described. Roll call vote: CouncilmanStone, yes; Councilman French, yes; CouncilmanFox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Chuck Franzese, Hunt Engineer's, discussed Change Order No. 4 and No. 5. Change Order No. 4 increases the contract in the amount of $70,530.46 and Change Order No. 5 deduct from the contract the amount of $39,259.57. He noted they are negotiating with North Country about some costs.

Councilman Stone made motion seconded by Councilman Kemp to approve Change Order No. 4 and Change Order No. 5 as presented by Chuck Franzese, Hunt Engineers. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

The lights on the Master Meter Site near the county line were discussed. It seems they are so bright when driving by and one is on 24/7. John Murphy said it is a malfunction as they are dusk to dawn lights. John Murphy will check into the problem.

Councilman French made motion seconded by Councilman Stone to suspend regular order of business to hold the public hearing on the Town of Pulteney Preliminary 2008 Budget. All in favor. Carried.

Supervisor Weber opened the public hearing on the Preliminary Budget for the Town of Pulteney for 2008.

Town Clerk read legal ad.

After all people being heard that wanted to be heard, Supervisor Weber closed the hearing.

Councilman Stone made motion seconded by Councilman Fox to resume the regular order of business. All in favor. Carried.

Councilman French made motion seconded by Councilman Stone to adopt the Town of Pulteney Preliminary Budget for 2008 and make it the Adopted Town of Pulteney 2008 Budget. Roll call vote: Councilman Stone, ye s ; Councilman French, yes; CouncilmanFox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Resolution to establish water rates, fees and other charges in connection with the administration and operation of Town of Pulteney Water District No. 1 was reviewed and tabled until the December meeting with changes as discussed.

Town of Pulteney Water District No. 1 Tentative 2008 Budget was discussed.

Councilman Stone made motion seconded by Councilman French to except the Tentative Town of Pulteney 2008 Water District No. 1 Budget and make it the Town of Pulteney Preliminary 2008 Water District No. 1 Budget and set a public hearing for December 12th at 7:30 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 Kemp discussed the storeroom, on the second floor of Town of Pulteney/Ambulance building behind CEO Office, being repaired and modified for Ken Forenz an office for $1,600.00. He also discussed Ken being paid regular salary after his Class D certification.

Ken Forenz noted he also needs to be certified in Class C. He explained he has completed the courses but needs to be on the job 6 months before he can take the test for certification for Class D, which should be near the end of December.

Supervisor Weber made motion seconded by Councilman Kemp to modify the agreement with Ken Forenz and be paid salary the first of December 2007 not withstanding taking the test for certification for Class D. Roll call vote: Councilman Stone, ye s ; Councilman French, yes; CouncilmanFox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman Kemp made motion seconded by Councilman Stone that the storeroom on second floor of Town of Pulteney/Ambulance building be converted over with a window change, manor patch work and lights changed as described by Ken Forenz up to the sum of $1,600. Roll call vote: Councilman Stone, ye s ; Councilman French, yes; CouncilmanFox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Councilman French made motion seconded by Councilman Stone 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.

Highway Superintendent noted they have put in 2 concrete box culverts, 4' pipe in on lower Middle Rd.; some grading; roadside mowing; paved and shouldered Judson Rd., Mill St., part of Brown Rd., and Roff Hill to Cross St. and been helping put up the playground and ground work where needed. He further noted the new excavator came in today. He wants the Board to consider replacing the water truck for 2008 as the one being used leaks.

Board asked Highway Supt. to get estimates and put a package together of what is needed.

Councilman Kemp had worked up specs for Highway Supt. a new state bid truck for review. The old truck would be put out for bid or up for auction. Delivery time would be 4 - 6 weeks. Board discussed the specs and decided it did not need cruise control.

Councilman Kemp made motion seconded by Councilman Fox to order Highway Supt. a new state bid truck minus the cruise control to be paid for in 2008. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, ye s. Carried.

A gas lease renewal with Chesapeake Energy, formerly Columbia Gas, was discussed and tabled until a later time.

Councilman Stone reported the playground is up but cannot be finished until the one piece back ordered is received. It should be in by the end of the month.

Planning Board nominations was discussed. It was noted nothing has been received from David Hanas regarding his leaving the board. Supervisor Weber nominated Daniel Radigan to finish the term (till 12/2010) for David Hanas as a member of the Planning Board. Town Board members had no nominations for the Planning Board.

Supervisor Weber made motion seconded by Councilman Stone to appoint Daniel Radigan as a member of the Planning Board to finish the term vacated by David Hanas, which expires 12/2010. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, ye s. Carried.

Supervisor Weber made motion seconded by Councilman Fox to hold a public hearing at 7:45 PM December 12, 2007 on proposed Local Law No. 4 of 2007 entitled "Land Use and Zoning Regulations" 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, ye s. Carried.

Supervisor Weber appointed the Town Board members as the Commissioners for Town of Pulteney Water District No. 1.

Signs for of the curfew law for Town properties were discussed.

Supervisor Weber made motion seconded by Councilman Stone to purchase two (2) signs under Supervisor and Town Clerk wording up to and not to exceed $100.00 noting the curfew time for Town properties. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, ye s. Carried.

Water hook ups for the Town Hall and Town of Pulteney/Ambulance Building was discussed. Possibly Highway Dept. could do if time permits. If they cannot, Attorney Leyden noted if under $10,000 we need only get three (3) quotes. Highway Supt. will report at next meeting.

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

Meeting adjourned at 9:15PM.