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Regular Meeting, September 2017 1 Town of Niles TOWN BOARD MEETING September 13, 2017 Niles Town Hall PRESENT: Joan Jayne, Supervisor Steven Cuddeback, Councilman Bernard Juli, Deputy Supervisor Attorney Brody Smith Clarence Edmonds, Councilman Joe MacDuffee, Councilman Tara Lanning, Town Clerk Tiffany Landis, Deputy Town Clerk OTHERS PRESENT: Pat Steger, Roger Slater, Bob Werner, Elaine Axton, Bill Stinson A. Meeting called to order at 7:09 pm by Supervisor Jayne B. Pledge of Allegiance C. OPEN FLOOR TO THE PUBLIC Elaine Axton, Trip Coordinator for Niles Senior Citizens, thanked the Board for the support provided to Niles Senior Citizens. The 2017 budget was increased to $6,000 for recreation (bus trips) from $5,000 in the 2016 budget. Mrs. Axton stated that the budget is used to pay for busses not meals or lodging. She also stated that if the bus is not filled with Niles Senior Citizens that Senior clubs from surrounding Towns are asked. Neighboring Senior Clubs also reach out to Niles Seniors if their trip busses are not full according to Mrs. Axton. Coordination with neighboring Senior Clubs is good and beneficial to everyone Mrs. Axton relayed. Mrs. Axton stated that the cost of busses is getting more expensive. She said that she can only do half of what she could in 2004. Discussion ensued about what neighboring Town's have in their budget for their seniors. Various Senior activities and trips were discussed. Supervisor Jayne stated that she has not heard of a decrease in funding for Niles Seniors. Supervisor Jayne thanked Mrs. Axton for coming and talking with the Board. Mr. Bill Stinson of State Route 41A, spoke in his capacity as the representative of Niles in the Skaneateles Lake Association (SLA). The mission of the SLA is to promote the protection of the water quality of Skaneateles Lake and environmentally sound regional management of its watershed. Mr. Stinson explained that the SLA has been testing the waters of Skaneateles Lake. The Town of Skaneateles has been paying the entire Lake testing cost and Mr. Stinson requested the Town consider contributing to the cost of the testing. The Town of Niles occupies 20% of the waterfront. Mr. Stinson then introduced Mr. Bob Werner who is involved with testing Skaneateles Lake. Mr. Werner gave a history ---PAGE BREAK--- Regular Meeting, September 2017 2 of the SLA. The first year of scientifically valid testing of the Lake was in 2007. There are four deep water stations up the length of the Lake. Various measurements are taken vertically from top to bottom of the water column. Testing was repeated in 2008 to measure the variability between the northern and southern water in the Lake and to determine how frequently sampling is needed. Mr. Werner said the Lake is fairly uniform and sampling can be done every three years. Testing was completed in 2011, 2014 and in 2017. Currently, the town of Skaneateles pays for all of the testing ($15,274 every third year). Five Towns border Skaneateles Lake; Niles (20% of lakefront), Skaneateles, Spafford, Sempronius and Scott. Discussion ensued on the value the Lake brings to the area and various ways the cost of Lake testing could be split. Councilman Cuddeback stated that the city of Syracuse utilizes the water (gravity fed, not pumped) and does not pay for any Lake testing. Mr. Werner stated that the City of Syracuse's position is that they don't have enough money to contribute to the testing. According to Mr. Werner, the city of Syracuse uses what money it has for infrastructure costs. Councilman Edmonds asked if the State of NY was contributing to the cost of monitoring water quality. Mr. Werner's answer was no, the state is not contributing. Mr. Werner thanked the Board for their attention and thanked Supervisor Jayne for her interest and attendance at SLN meetings. Supervisor Jayne thanked Mr. Stinson and Mr. Werner for coming. She suggested that they should talk to other Towns that border Skaneateles Lake as well. D. APPROVAL OF MINUTES On a motion by Councilman Cuddeback, seconded by Councilman Juli the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee, Nays RESOLVED that the minutes of August 10, 2017 be approved. E. DEPARTMENT REPORTS CODE ENFORCEMENT: Mr. VeVone gave an overview of the training he recently attended - there was a 22 page supplement added to the State of NY code book. Mr. VeVone recommended that the Town hire an outside engineering firm to assess the New Hope Fire Department's new building plans. Mr. VeVone stated that it is very common for a Town to hire a third party to conduct and overview an assessment, especially since this construction will be a municipal building. Town Attorney Brody Smith also concurred and recommended that a third party to conduct an assessment. Attorney Smith stated that the applicant often pays for the assessment and that he recommends that no building permit be issued until an outside assessment is conducted. Attorney Smith is going to take steps to convey Town land to the New Hope Fire Department. ---PAGE BREAK--- Regular Meeting, September 2017 3 A constituent on Appletree Road met with Mr. VeVone and Superintendant Steger about deeding their land to the Town so the Town can widen the road. Attorney Smith asked Mr. VeVone to tell the landowner's lawyer to contact him. The Town Highway Committee will also conduct a meeting about the road widening. Discussion ensued as to what Agricultural use for a building means. Mr. VeVone said that according to the State of NY a building that is used for agriculture is 100% exempt and that he as a code enforcement officer is not allowed to inspect the building. Various Board members brought up buildings that may or may not be used for agricultural use...and whether a permit should have been obtained. Attorney Smith handed the Board a DRAFT Resolution to Amend the Building Permit Fee Schedule. In this draft there is a more detailed definition of what Agricultural Buildings are. "Agricultural Buildings must be used directly and solely for agricultural production in connection with an ongoing farm operation and constructed on land used in agricultural production. "Land used in agricultural production" is defined by Agriculture and Markets Law §301 and shall mean "not less than seven acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more." Proof that the property receives the agricultural real property tax exemption may serve as evidence that the property meets this definition." Mr. VeVone is going to get with the Town Assessor Tammy Schramm and the Town Attorney to discuss this possible resolution. The Board decided to table this issue until the October Board meeting. ASSESSOR’S REPORT: Tax bills were printed and mailed. Comparable sales sheets are being created for each neighborhood in Niles. Field Review continues. A letter will be sent out along with exemption applications requesting a new original application to keep on file for parcels currently receiving exemption that do not have an original application currently on file. This is so that the Town will be compliant with NYS Comptroller town audits of assessor's offices. At 8:45 pm Councilman Cuddeback had to leave the meeting to attend a personal engagement. ATTORNEY’S REPORT: Attorney Smith reviewed the proposed Local Law to Permit Snowmobile Travel on a Portion of Church Road. ---PAGE BREAK--- Regular Meeting, September 2017 4 PUBLIC HEARING TO CREATE A LOCAL LAW PERMITTING SNOWMOBILE TRAVEL ON A PORTION OF CHURCH ROAD On a motion by Supervisor Jayne and seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing to create a local law permitting snowmobile travel on portions of Church Road was opened. Supervisor Jayne stated that Councilman Cuddeback does not support. Discussion ensued about insurance and liability. Councilman MacDuffee explained that registration cost is lower if the rider is affiliated with a snowmobile club and that clubs carry insurance. Attorney Smith stated that Superintendant Steger would make signs designating which areas are for riding. There were no other comments from the public. On a motion by Supervisor Jayne and seconded by Councilman Juli the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing to create a local law permitting snowmobile travel on portions of Church Road was closed. RESOLUTION #2017-71 On a motion by Supervisory Jayne and seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Local Law permitting snowmobile travel on portions of Church Road be put forward. ---PAGE BREAK--- Regular Meeting, September 2017 5 Town of Niles Local Law No. 2 of the year 2017 On the motion of Supervisor Jayne and seconded by Councilman MacDuffee the following local law is put forward: Section 1. Legislative Intent It is the intent of the Board of Trustees (the "Board") of the Town of Niles (the "Town") through this local law to permit and encourage outdoor recreating within the Town and to promote the health and welfare of the people. Section 2. Authority This local law is adopted by the Board pursuant to Parks, Recreation and Historic Preservation Law Sections 25.05 and 25.09, which expressly authorizes a local government to designate and permit snowmobile travel on a seasonal road over which it has jurisdiction. Section 3. Road Designation Pursuant to Sections 25.05(5) and 25.09(1)(a), this local law hereby authorizing the use of snowmobiles on a portion of church Road. Such authorization is limited to the section of Church Road between Quarry Road and the Town's eastern boundary. such authorization is limited to the time during which Church Road is designated by the Highway Superintendent to be an unplowed seasonal limited use highway pursuant to Highway Law Section 205-a(1). Section 4. Posting The Highway Superintendent is instructed to post markers identifying the section of church Road that is designated for snowmobile use. The Highway Superintendent may solicit assistance from private snowmobile clubs to accomplish such posting. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. This local law was declared duly adopted. ---PAGE BREAK--- Regular Meeting, September 2017 6 FIRELANE #15 TOWN OF NILES SEWER DISTRICT NO. 1 AND WATER DISTRICT NO.1 CONTRACT NO. 1 - GENERAL CONSTRUCTION RESOLUTION #2017-72 On a motion by Supervisor Jayne and seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that Town Clerk with assistance from the Town's Engineer advertise for bids for the General Construction of the Sewer District No. 1 and Water District No. 1. Bids will be received by the Town Clerk until 11:00 am Wednesday, October 4, 2017 at which time bids will be publically opened and read aloud. DRAFT LOCAL LAW TO AMEND THE PLANNING BOARD AND BOARD OF APPEALS PROCEDURE TO ENSURE NOTICE TO ADJACENT PROPERTY OWNERS Attorney Smith presented the board with a draft Local Law. The intent of the proposed local law is for the Town to notify adjacent property owners of certain applications made to the Planning Board and Board of Appeals. Councilman Edmonds clarified that neighbors would be notified if construction required site plan review or a subdivision. Attorney Smith recommended that the Town publish notice of a public hearing regarding this proposed local law. RESOLUTION #2017-73 On a motion by Supervisor Jayne and seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that Town Clerk publish notice of a public hearing on October 12, 2017 regarding proposed Local Law to Amend the Planning Board and Board of Appeals procedure to ensure notice to adjacent property owners. ---PAGE BREAK--- Regular Meeting, September 2017 7 AUTHORITY FOR TOWN SUPERVISOR TO COMMUNICATE AND SIGN DOCUMENTS WITH ABUNDANT SOLAR Attorney Smith stated that the state put a solar panel bid out and Abundant Solar was awarded the state contract. This resolution would authorize the Town Supervisor to talk with the contractor about possible installation of solar panels behind the Town Hall. Discussion ensued about the current commercial solar panel moratorium. Consensus was that no decision on whether the Town should install solar panels or not would be made tonight. This resolution would only allow the Supervisor to begin communication with Abundant Solar. RESOLUTION #2017-74 On a motion by Councilman Juli and seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that Supervisor Jayne has authorization to begin communication with Abundant Solar regarding possible state solar panel installation behind the Town Hall. TOWN CLERK’S REPORT: Received shares totaling $282.42 and has been deposited. Town Clerk asks Supervisor to make a Motion to approve Abstract 9. Motion by Supervisor Jayne to pay Abstract 9 (September bills), seconded by Councilman Edmonds, motion carried. HIGHWAY SUPERINTENDENT’S REPORT: Superintendent Steger summarized his daily journal. He stated that the mower has been out, July storm clean-up has been continued and he mentioned several projects with other local Towns. RESOLUTION #2017-75 F. APPROVAL OF DEPARTMENT REPORTS On a motion by Councilman Juli, seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays Resolved to approve department reports ---PAGE BREAK--- Regular Meeting, September 2017 8 G. SUPERVISOR’S REPORT RESOLUTION #2017-76 APPROVE FINANCIAL REPORT On a motion by Councilman Edmonds, seconded Councilman MacDuffee the following Resolution was ADOPTED Ayes Juli, Jayne, Cuddeback, Edmonds Nays Resolved to approve financial report H. OTHER BUSINESS: Supervisor Jayne stated that Bookkeeper Anderson was not able to make it tonight but that she has passed out budget worksheets to Department Heads. The last clean-up day is September 16. 2nd Annual Craft show is Sunday October 22 from 1-4 pm. It will be held indoors and there will be venders, crafter, chili, chowder, cider, crafts for the children....it is going to be a good time. Please tell your neighbors. I. Motion made by Councilman MacDuffee to adjourn, seconded by Councilman Juli, motion unanimously carried to adjourn at 9:30 pm. Respectfully Submitted, Tiffany H. Landis Deputy Town Clerk