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News October 12, 2008
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THE R.A.P. SHEET
SERVING THE COMMUNITIES OF PRATTSBURGH, AVOCA 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 September 17, 2008 called to order by Minutes of the Avoca Town Board regular meeting September 17, 2008 called to order by Supervisor Wellington at 7:16 PM. Held at the Avoca Central School Cafeteria.

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

Others Present were: John Walsh, Frank Lysyczyn, Laurie Longwell, Sherry Hogan, Gary Weldy, Yolande Loucks, George Hoffman, Dan Reppert, Sandy Seager, Clifford & Shirley Edwards, Bill Snyder, Sam Presley, Cathy Rouse- Nicholson, Ernie Lathrop, Marcia Smalt, Lisa Oliver, Elaine Barnes, Patrick McMahon, Leann Wightman, Shawn Wellington, Barbara Wellington, Ron & Pam Harmon.

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

Motion by Councilwoman Hammond, seconded by Councilman Parsels to pay July bills. All in favor. Carried.

Motion by Councilman Parsels, seconded by Councilman Oliver to accept the minutes of August 20, 2008 regular meeting. All in favor. Carried.

Motion by Councilman Heinemann, seconded by Councilwoman Hammond accepting to pay the bills with the discrepancy of the court fund amount that gets sent to the state the voucher showed $43,215.00 and the amount that it should be is $43,225.00 a ten dollar difference. All in favor. Carried.

Motion by Councilwoman Hammond, seconded by Councilman Oliver accepting the departmental reports for August 2008. All in favor. Carried.

Town Clerk Zoning

Building Code

John Walsh: Voting machines, as of 2:00 pm the count was still being tallied with the count of the absentee ballots. The cost of maintenance per year will be $200,000.00 on these new machines and they need to purchase additional machines for next year. There was a Legislators meeting in Elmira about the NYS budget problems, the state wants to cut an additional 6% out on all programs and the county will have to make up the difference. The office of aging will be receiving over 6 million in assistance this year in various programs. The new health care facility needs to build a new bathroom by the beauty shop this cost will be $40,000.00 it has to be

specific feet from the shop it's self and it wasn't built as close as it should have been.

Building Committee: We just accepted the purchase agreement with the Masons and the Village the Masons also accepted the offer. We met with the contractor went through the building and he is still drawing up papers and waiting for him to get back to us with some specs to send out some bids.

Highway Super: Dan informed the board about the town roads, we have been regrading roads the grader has been down. Because next months meeting is past the time to get Seasonal Roads posted Dan asked for a motion to get this done this month and post the Seasonal Limited Use roads. Dan stated that the rollovers and CHIPS fund for this next year might not be there. The county will stay on four ten hour days until the snow flies he said it has been a proven fact that it is saving money by not working on Fridays. We had $112,505.19 in our CHIPS fund this year we double sealed Cook and Old Kanona Roads and we have a balance of $59.42 left and if that doesn't rollover we won't be out that much money. I would like to thank Prattsburgh, Cohocton and Bath for there services helping us get the roads done. Dan handed out information from DEC the rules and regulations about the mining permit so that the board would be more informed showing that the total cost of the mining permit is $1000.00 and they do all the permits and surveying everything.

Motion by Councilman Parsels, seconded by Supervisor Wellington authorizing the posting of the Seasonal Limited Use Roads for the Town of Avoca. All in favor. Carried. See attached for Seasonal Limited Use roads.

Motion by Councilman Oliver, seconded by Councilman Parsels setting the dates for the budget workshops as follows: Thursday, October 4, 2008; Tuesday, October 14, 2008; Thursday, October 23, 2008

All budget workshops will begin at 7:00 pm and be held at the Town/Village Conference Room. All in favor. Carried.

Motion by Councilman Parsels, seconded by Supervisor Wellington to set the date for the public hearing for the Tentative 2009 Town of Avoca budget this will be held at the Avoca Central School cafeteria. All in favor. Carried.

The 4-H club asked permission to us the conference room for their meeting after some discussion the board decided to not let the 4-H club use the building because that would set a precedence for everyone else.

Motion by Councilman Heinemann, seconded by Councilman Parsels authorizing Crystal Laverty to collect money for the code officer, provide a schedule of code fees and be a liaison for people to contact Sam Presley and the money needs to be turned over to the Town Clerk by the first day of the month. Her hours are to stay the same as she has now 9-3 Mon. - Thur. All in favor. Carried.

Visitors:

Mr. Lysyczyn asked who is on the building committee and an idea of what the size of the addition would be.

Supervisor Wellington said that He is on the committee, with Nelson Eaton, Leann Wightman, Greg Dipsaquale. Ken Parsels and Marc Hopkins we meet the second Tuesday of the month. And the size of the building would be 40X45 approximately.

It was asked will the public have copies of the budget to look over. Leann said yes they would.

Mrs. Harmon asked what was the decision for Wendi to resign by the end of the month she had stated that she is back to school full time and it is becoming to much and feels she cannot put the time into the town that needs to be done right now.

Mrs. Harmon read a letter from Mrs. Slack about the previous months letter asking that the board consider letting St. John & Baldwin do the books and the budget to save the town money. The letter in no way meant anything personal about anyone it was about trying to keep the tax rate at minimal and hoping not to raise the tax rate again this year. They are trying to save the taxpayers money any way they can.

Many comments were raised back and forth about what is the board going to do to keep spending down, health insurance costs was an issue about who is paying and getting full coverage it was asked can't these people step up and pay fifty percent of their health insurance to help the budget.

The Supervisor said that the town will see a difference the following year in savings by doing the mining permit which will help the cost of fuel driving time for getting the materials for fixing roads.

It was asked by a tax payer do you have the tax rates for the last ten years to see how much taxes have gone up, and then you could see that if taxes didn't go up then it probably has finally caught up with the town and that is why the tax rate went up so much last year.

After some heated discussions about the way the town board could save taxpayers from their taxes going up again this year, it was said that we are where we are now lets get through the task on hand and stop all the bickering it is making the Town divided which is not a good thing.

A taxpayer suggested that when the Supervisor contacts the 4-H club suggest to them the local churches might be willing to let them use their facilities.

Mrs. Smalt wanted to remind everyone about the Historical Society's 5th annual Olde Thyme Community Harvest day, September 27, 2008 10am to 4pm. She would like everyone there to support there community and she also asked that the Supervisor be there to make a community speech.

Motion by Councilman Parsels, seconded by Councilman Oliver to adjourn at 9:00 pm.

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 September 16, 2008 at the Ingleside Christian Church in Ingleside. 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 Steven Kula, Councilman Charles Shick, Councilwoman Sharon Quigley, Highway Superintendent Chris Jensen, Water/CEO Les Babcock, Bookkeeper Dolores Billings, Town Clerk Pamela Kula.

ALSO PRESENT and welcomed by the Supervisor was Charlene Wilson, Jeanette Underhill, Anneke Radin-Snaith, Linda Slack, Timothy and Bonnie Hoose, David and Nancy Hall, Al and Carolyn Muscianese, Amy Shick, Mary Perham, and Carl Wahlstrom.

Motion was made by Councilwoman Bottoni, seconded by Councilman Shick, and duly carried to approve the minutes of the August 19, 2008 regular meeting.

Motion was made by Councilman Kula, seconded by Councilwoman Bottoni, and duly carried to accept the monthly financial report as submitted by the Town Supervisor.

AUDIT OF CLAIMS

A Motion was made by Councilwoman Quigley, seconded by Councilman Kula, and duly

COMMUNICATIONS

1) Letter From Food Bank of the Southern Tier thanking the Town for hosting the Mobile Food Pantry Truck.

2) Letter from the Prattsburgh Youth Soccer League thanking the town for the support given to the Summer Soccer Program.

3) Letter of resignation from Dog Control Officer's Don and Marian Gifford effective October 1, 2008.

PUBLIC HEARINGTentative Local Law #2 of 2008

Supervisor McConnell declared the public hearing

open at 7:08 P.M.

It was mentioned that there is reference to a Zoning Board of Appeals in the tentative law and that the Town of Prattsburgh does not have a Zoning Board of Appeals.

With all persons desiring to be heard having been heard, the public hearing was closed at 7:12 P.M.

ADOPT LOCAL LAW #2 OF 2008

On a motion by Councilwoman Quigley, seconded by Councilwoman Bottoni, the following local law was adopted with any mention of a Zoning Board of Appeals to be removed.

ADOPTED: Ayes 5, McConnell, Quigley, Bottoni, Shick, Kula; Nays, 0.

UNFINISHED BUSINESS

Supervisor McConnell said that the litigation between the school districts and the Town is still on going.

McConnell stated that an Engineer has looked at the Fedderman Property on Chapel Street. He said that the Engineer will be sending a letter outlining his findings.

TIRE AMNESTY DAY

A motion was made by Councilman Kula, seconded by Councilman Shick, and duly carried to hold a tire amnesty day. Prattsburgh Residents may bring up to 4 automobile tires to the Prattsburgh Recycle location on County Route 75 on Saturday, October 4, 2008 from 9:00 A.M. until 12:00 P.M. Tires on the rim or wheel will not be accepted. There will be no charge for this service.

NEW BUSINESS

Steuben County Self- Insurance Plan sent a letter regarding the cost of the 2009 Workers' Compensation Plan. Our cost will be $17,133.00. Councilwoman Bottoni, seconded by Councilwoman Quigley, made a motion and it was duly carried to inform the County that we will pay this bill by voucher in January 2009.

SIDEWALK BIDS

On a motion by Councilwoman Quigley, seconded by Councilwoman Bottoni and duly carried to advertise for sidewalk replacement bids.

Supervisor McConnell said that he will set up a date to do a Justice Court Audit again this year.

No bids were received for the pickup that was advertised last month. By general consensus, the Town Board agreed to keep the pickup for now.

REPORTS:

Highway (Chris Jensen)

Since our last meeting we have been busy getting our roads shaped up for the plowing season. This has included regarding in the Ingleside area due to the damage from the heavy rains in June. Spot grading rough and washed areas on steep hills, cleaning ditches and replacing pipes that we feel will not make it through the winter months. We also have been patching pot holes and repairing shoulders, and mowing the back side of ditches for better sight distance, and snow removal. We have been helping the County on the Trant Road Bridge whenever needed and replacing road signs that seem to be disappearing at an unusual rate. (scrap prices must have been up again). In the shop along with the routine maintenance we have removed the stone hitch and spreader plates from the 10-wheelers, replaced a broken window in the door of out boom mower, installed radios and sander controls in the new pickup and we are waiting for a new radiator for T-104, our single axle dump truck.

I have had another meeting with Steve Clark, land man for Chesapeake Energy and we looked at 2 new proposed gas well sites. I have asked him for transportation routes and traffic and load rating for all the proposed well sits I believe we need to start working on Road Use Agreements for these gas wells and decide what we are going to put in them.

Water/CEO (Les Babcock)

Code Enforcement: 2 permits issued (1 garage and 1 double wide); 2 permit renewals, 16 building inspections, 3 perk tests with Allen Engineering, 2 property maintenance notices, 4 property problems, 9 dig safely notices; 1 noise complaint; 1 chimney & coal stove inspection.

Water: Repair hydrant on Porter Street, tree fell on and broke. Get ready to flush hydrants.

APPOINT BOARD OF ASSESSMENT REVIEW MEMBER

Vicki Kopylczak's term on the Board of Assessment Review Board expires on September 30, 2008. On a motion of Supervisor McConnell, seconded by Councilwoman Bottoni, the following resolution was

ADOPTED: Ayes 5, McConnell, Quigley, Bottoni, Shick, Kula; Nays, 0.

Resolved to re-appoint Vicki Kopylczak to a 5- year term on the Board of Assessment Review Board. Term is from October 1, 2008 through September 30, 2013.

REMOVAL OF VEHICLES ON PROPERTY ON COUNTY ROUTE 74

On a motion by Councilman Kula, seconded by Councilman Shick, and duly carried, the Supervisor was authorized to contact the Campbell's and give them until the end of the week to remove their vehicles from the Town owned property on County Route 74 or T & R will be called to remove the vehicles.

Supervisor McConnell mentioned that the Town Attorney will be drawing up a deed to transfer the County Route 74 property to Kevin Cronk.

Town Clerk Kula said that a Petition has been filed in her office requesting a referendum on the sale of the County Route 74 property. Pam stated that the petition has been ruled invalid.

Supervisor McConnell scheduled a 2009 Budget Workshop for Thursday, October 2, 2008 at 7:00 P.M. at the Town Hall.

On a motion by Supervisor McConnell, seconded by Councilman Kula, and duly carried, the meeting was adjourned at 8:00 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, September 10, 2008, at the Pulteney Town Hall with roll call followed by Pledge of Allegiance.

Supervisor Weber gave a moment of silence in memory of past Highway Superintendent Merlyn G. Brown.

Present were: Supervisor William Weber; Councilman Janet Stone; Councilmen Richard French; Councilman James Fox; Councilman Robert Kemp; Highway Supt. George McIntyre; Town Attorney John F. Leyden and Town Clerk Donna Conley. Also present were Bookkeeper Helen Coombs; Historian Sharon Daggett; Code, Zoning and Watershed Officer Lauren Welch; Water Plant Operator Ken Forenz.

Councilman French made motion seconded by Councilman Fox to accept the minutes of August 13, 2008. All in favor. Carried.

Supervisor Weber gave financial reports.

Water Plant Operator Ken Forenz's reported there are currently 170 customers on line. He received a letter from Branchport-Keuka Park Fire District stating they would not sign the hydrant usage agreement as written. It was also noted the telemetry still needs finishing, as it now has to be done manually and coordinated with Jerusalem to make it happen.

Supervisor Weber received a letter from Daryl H. Jones, Jerusalem Supervisor, asking the Board to review the five (5) year Intermunicipal Agreement between Jerusalem and Town of Pulteney for the transmission of water from Penn Yan to Pulteney for any revisions. Board had no suggestions for any revisions. He will have Jerusalem draw a draft of their provisions for our review.

Shared services grant opportunities with Jerusalem was discussed. A leak detector was discussed but it would cost almost as much to have the grant written then to share the cost of the detector. Board did not think we could use the grant opportunity at this time but the information will be saved to be considered at a later date.

Councilman Stone made motion seconded by Councilman Kemp authorizing Supervisor Weber to execute the necessary documents with M & T Bank relative to the roll over of the $1,000,000.00 Revenue Anticipation Note and to pay the interest of $3,610.00 due 09-27- 2008 with the advice of Attorney Leyden. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Supervisor Weber discussed our contract with Penn Yan for water usage. When originally signed it was for a minimum of 20 million gallons per year and after reviewing with the Water Plant Operator, we could get by with a minimum of 10 million gallons per year.

Supervisor Weber made motion seconded by Councilman Stone that Supervisor Weber be and hereby is authorized to approach the Penn Yan Municipal Board and ask for relieve from our contract from 20 million gallons annually to 10 million gallons annually. All in favor. Carried.

Councilman French made motion seconded by Councilman Fox to recess the regular order of business to hold a public hearing on Local Law Tentatively Numbered 4 of the year 2008 entitled "A Local Law for flood damage prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36." All in favor. Carried.

Town Clerk read legal ad.

Supervisor Weber explained the purpose of the law was so people can obtain flood insurance for their properties in flood prone areas in Town.

No one spoke for or against the law.

Supervisor closed the hearing.

Councilman Kemp made motion seconded by Councilman Fox to close the hearing and resume the regular order of business. All in favor. Carried.

Councilman French made motion seconded by Councilman Kemp to adopt Local Law No. 4 of 2008 entitled "A Local Law for flood damage prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36." All in favor. Carried.

Town Clerk read the legal ad for the roof repairs of the north end of the Town Hall.

Councilman Stone recused herself from discussion of the roof repairs.

Supervisor Weber opened the three (3) bids received:

M & J Building Contractors Inc.

Mark W. Cartwright- $3,575.00

Prohandy - Jeff Presher-$3,064.00

New Outlook Painting

Marc Stevens & Brian Stone-$2,350.00

After discussing the bids, it was found that only one had included the cost for any underlayment repair.

Councilman Kemp made motion seconded by Supervisor Weber to accept the bid of M & J Building Contractors for $3,575.00 recognizing it could cost more for additional wood and contingent on his filing a non-collusive bid certificate upon award of the contract within 7 days plus pay half of cost when he starts as requested in bid. Roll call vote: Councilman Stone, recused; Councilman French, yes; Councilman Fox, no; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Supervisor explained the lighting rods had to be repaired by a certified lightning road installers so it was not included in the above bids. Two (2) quotes for lighting rod repairs were received and read.

Crowley Lightning Protection, Inc.

Dale Crowley- $1,900.00

Morse-Collins, Inc.

Paul Kosydar - 1,000.00

Supervisor Weber made motion seconded by Councilman Stone to accept the low bid of Morse-Collins, Inc. for $1,000.00 to furnish and install lighting protection on the Town Hall. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

The hickory tree north of the Town Hall was discussed. Board agreed to have Councilman Kemp contact Stan Martin, a retired DEC forestry expert, to look at the tree to see the condition of it as to whether it should be cut down or left alone.

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

Highway Supt. McIntyre stated they fix bad spots on Drew Rd., Wright Rd., Dug Rd.; done grader patching and shouldering, mowed roadsides; worked in the shop and fixed the lights on the flag pole and tennis court. We still have the flag light to fix.

Councilman Stone gave a report of what Steve Short, handyman has done and gave a list for fall and spring things to be done as well as a wish list. She further noted the tennis court has cracks that need attention before winter.

Councilman Stone made motion seconded by Supervisor Weber after reviewing the list, items 1 - 13 for fall items are to be done by Steve Short, handyman, before winter with weather permitting. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, no; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Supervisor Weber received letters from William T. Wolff, Chairman of Branchport/Keuka Park Fire District Board of Fire commissioners in regards to letter sent May 15, 2008 discussing boundaries of the Pulteney Fire District No. 1 along with ambulance service to that area and a letter noting the hydrant agreement changes they want made.

Attorney Leyden suggested the Commissioners find out if the people in Fire District No. 1 want an ambulance district, as they are the ones that have to pay for it.

Supervisor Weber made motion seconded by Councilman Stone authorizing Supervisor Weber to contact Hunt Engineers Architects & Land Surveyors be requested to provide this board at the October meeting a proposal for feasibility and details of creating an ambulance district in Pulteney Fire District No. 1. Roll call vote: Councilman Stone, yes; Councilman French, yes; Councilman Fox, yes; Councilman Kemp, yes; Supervisor Weber, yes. Carried.

Supervisor Weber had resignations effective December 31, 2008 of two Zoning Board of Appeals members, James Burchett and Helen Coombs. Board will consider names for the next board meeting.

A container for scrap metal from Swarthout Recycling L.L.C. was discussed. Supervisor Weber will ask them to attend the October meeting to explain what they do. It would not be for this year but maybe another year.

The new library sign for by the road was discussed as to who is to put it up and who will pay for it. When it was first discussed at the December 2007 meeting the highwaymen were to put it in but we now have a handyman to do it. The cost for putting it in will also be split with the library as the purchase price was.

Kathleen Bergstresser asked the board to consider a revaluation of the town and not just data collection as it has been thirteen (13) years and they're some over assessed as well as some under assessed.

Board discussed a revaluation.

Councilman Stone made motion seconded by Councilman Kemp to have Assessor, David Oliver come to the October meeting to explain the cost, timetable and anything else in regards to do a revaluation of the town. All in favor. Carried.Councilman French made motion to adjourn the meeting. All in favor. Carried.

Meeting adjourned at 9:20 pm.


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