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Regular Town Meeting, September 13, 2018 1 Town of Niles TOWN BOARD MEETING September 13, 2018 Niles Town Hall PRESENT: Joan Jayne, Supervisor Steven Cuddeback, Councilman Bernard Juli, Councilman Clarence Edmonds, Councilman Joseph MacDuffee, Councilman Brody Smith, Attorney Tiffany Landis, Town Clerk OTHERS PRESENT: Pat Steger, Kelly Anderson, Roger Slater, Patrick Doyle, D'allah Laffoon, Patrick Davis, S. McCahn A. Meeting called to order at 7:00 pm by Supervisor Jayne B. Pledge of Allegiance C. PUBLIC HEARING ON LOCAL LAW 1 OF 2018 ENTITLED "A LOCAL LAW REGULATING SOLAR ENERGY SYSTEMS" On a motion by Supervisor Jayne and seconded by Councilman Edmonds the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing regarding the Local Law 1 of 2018 entitled "A Local Law Regulating Solar Energy Systems" is opened. Mr. Patrick Davis addressed the Board. He explained his home and his use of panels and inquired if he would have to change anything. Supervisor Jayne explained that the Board's concern was more commercial use, selling of power rather than individual home owners. Mr. D'Allah Laffoon, as a representative of the Planning Board pointed out some differences between the current draft law and laws from other municipalities. Discussion including decommission plans, system certification, mounted versus temporary systems, potential set-backs, for profit use, liabilities and bonds, resident use, the difference between minor and major solar energy systems (to include if systems should be designated by kilowatt hours), how property tax assessment might potentially be affected and other various topics ensued between the Board members, the Attorney Smith and the public. Consensus by the Board was that there should be amendments made to the draft law and that ---PAGE BREAK--- Regular Town Meeting, September 13, 2018 2 the public hearing should be kept open so further discussion could be had at the October meeting. There would be no vote on the law at this time. Attorney Smith summed up the discussion by stating that the intent is to protect against visual harm, to protect the residents and to protect the Town. Further discussion is going to occur at the Planning Board meeting next Thursday; September 20th. A copy of the draft law is filed in the Clerk's office. Attorney Smith recommended that the Board pass a Resolution to have the Clerk refer the draft local law and the Part 1 of the Environmental Assessment Form (EAF) to the County for review and comment. RESOLUTION #2018-71 WHEREAS, Board Member Cuddeback has introduced for consideration Local Law No. 1 of 2018 entitled A LOCAL LAW REGULATING SOLAR ENERGY SYSTEMS. WHEREAS, the Town Board desires to comply with the requirements of SEQRA and its implementing regulations set forth at 6 Part 617, and Section 239 of the General Municipal Law, with respect to these proposed amendments to the Town of Niles Code; and WHEREAS, the Town board has referred the draft LOCAL LAW REGULATING SOLAR ENERGY SYSTEMS to the Town of Niles Planning Board and the Town of Niles Board of Appeals more than thirty (30) days prior to the date of this resolution and received verbal comments; and WHEREAS, the Town Board held a public hearing today, September 13, 2018, at 7:00 p.m. to hear all persons interested in the above-referenced Local Law and to consider the adoption of such Local Law. NOW, THEREFORE, BE IT RESOLVED that the Town Clerk shall refer the draft LOCAL LAW REGULATING SOLAR ENERGY SYSTEMS and Part 1 of the EAF to the Cayuga County Planning Department for its review pursuant to General Municipal Law Section 239; and BE IT FURTHER RESOLVED that the Town Board has considered the provisions of Article 8 of the Environmental Conservation Law ("SEQRA") and the regulations adopted thereunder at 6 Part 617 and preliminarily finds the proposed Local Law to be a "Type 1 Action" as defined therein. On a motion by Councilman Cuddeback and seconded by Councilman Edmonds the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, that the Town of Niles Board adopt RESOLUTION #2018-71 D. Open the Floor to the Public There were no comments from the Public. ---PAGE BREAK--- Regular Town Meeting, September 13, 2018 3 E. Approval of Minutes Regular Town Board meeting on 8/9/18 On a motion by Councilman Cuddeback, seconded by Councilman Edmonds the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, that the minutes of August 9, 2018 be approved F. Motion to approve Abstracts by Fund: RESOLUTION #2018-72 APPROVE ABSTRACT 9 (SEPTEMBER BILLS). a. A General Fund $50,324.56 b. DA Highway Fund $128,252.91 c. SR Garbage Fund $11,834.50 e. H1 Water Fund $0.00 f. H2 Sewer Fund $0.00 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 Town of Niles board adopt RESOLUTION #2018-72 G. RESOLUTION #2018-73 TO AUTHORIZE THE TOWN SUPERVISOR TO ISSUE A REQUEST FOR PROPOSAL FOR GARBAGE SERVICES (CURRENT CONTRACT EXPIRES 12/31/18). On a motion by Councilman Juli, seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-73 H. RESOLUTION #2018-74 TO AUTHORIZE THE TOWN SUPERVISOR TO ISSUE A REQUEST FOR PROPOSAL FOR MUNICIPAL AUDIT SERVICES. On a motion by Councilman Cuddeback, seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-74 ---PAGE BREAK--- Regular Town Meeting, September 13, 2018 4 I. RESOLUTION #2018-75 TO APPROVE THE PERMANENT APPOINTMENT FOR THE TOWN CODES ENFORCEMENT OFFICER, J. PATRICK DOYLE HAVING SUCCESSFULLY COMPLETED HIS PROBATIONARY PERIOD EFFECTIVE 9/22/18 AND ADJUSTING HIS ANNUAL SALARY TO $17,159 TO BE PAID ON A PRO-RATED BI-WEEKLY BASIS. On a motion by Councilman Juli, seconded by Councilman MacDuffee the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-75 J. Motion to adopt a Sexual Harassment Policy for All Employers in New York State. Attorney Smith recommended that the Board table this since the public comments to the State ended 9/12/18 and he says the state will probably change their policy once they go through the comments. He recommends that the Board adopt a policy next month. Consensus was to table until the next meeting. Bookkeeper Anderson noted that the staff would have to be trained on the new policy by January of 2019. Clerk Landis said she has several options for training set up. Soil and Water is hosting a session October 19th, online training will be available at the Town on November 1st from 6-9 pm and appointments can be made with the Clerk to set up alternate training times if needed. A letter will be sent to all staff explaining this. On a motion by Councilman MacDuffee, seconded by Councilman Edmonds the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, that the adoption of a Town Sexual Harassment Policy be tabled until October 2018. K. Motion to Close the Public Hearing on the Local Law Regulating Solar Energy Systems Public hearing is remaining open. L. Department Reports a. Supervisor's Report: No comments b. Code Enforcement Officer's Report: -Code Enforcement Officer Doyle was in attendance and he briefed the Board on his provided report for August activities. Six building permits were issued; two pole barns, a lean-to on existing garage, a porch addition, a storage shed and a porch replacement. Routine inspections were done on projects currently underway. ---PAGE BREAK--- Regular Town Meeting, September 13, 2018 5 -Further discussions were had on the development of a wedding venue at 3872 Carver Road. The Planning Board will need to hold a public hearing before a decision is made on the application for site plan approval. c. Attorney Report: Attorney Smith had nothing further to report. d. Town Clerk: The Clerk received shares totaled $1,594.50 and they have been deposited. e. Dog Control Report: There were two complaints, one dog adopted, one notice to comply written and there was one lost and found match. Several calls were received on stray cats. f. Historian's Report: Helen Newell has called and has more books to be inventoried about Niles families. The history room had a visitor from Washing State. The visitor took time to look at the information provided in the history room. They were thankful for the information collected. g. Assessor's Report: Assessor Schramm was not in attendance but she provided a report. She continued to meet with property owners regarding inventory on data mailers; 878 have been returned and scanned into database. Two work sessions with Jeff Lowe occurred on the revaluation for 2019. School tax bills were mailed on August 31st. Field review to verify cost reports on vacant parcels and mobile homes will be occurring. Sales comparisons will be run mid-September, after which field review on the rest of the parcels will begin. h. Highway Superintendant's Report: Superintendent Steger summarized his daily journal which was provided to the Board members. Some highlights of the report included: Trees and brush were cleaned up on Vanderstouw, Dewitt, Cream Hollow and Rowe Roads. Mowing is continuing on all Town Roads. Chip seal was done on Mack Road. The excavator was brought back to garage for grease and fluids check. Shoulders were put down on Mack Road. Once again, the Town traded services and worked with neighboring municipalities on several projects. Tree overhangs were trimmed on several roads. The Salt Barn was repaired. Salt will be received shortly. Superintendent Steger has been appointed to the State's executive committee. The Board congratulated him. Councilman Juli complimented the Highway Department on how nice Harter Road looks. ---PAGE BREAK--- Regular Town Meeting, September 13, 2018 6 RESOLUTION #2018-76 APPROVAL OF SUPERVISOR'S REPORT AND DEPARTMENTAL REPORTS On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED, to approve the Supervisor's and departmental reports. M. Other Business a. Superintendent Steger received a letter from the Weedsport Winter Wanderers Snowmobile Club. They are requesting to utilize a portion of Church Road. On a motion by Councilman Juli, seconded by Councilman MacDuffee, the following resolution was ADOPTED Ayes Edmonds, Jayne, Juli, MacDuffee Nays Cuddeback RESOLVED, to grant permission for the Weedsport Winter Wanderers to utilize a portion of Church Road. b. Discussion on the death of Ken Badman ensued. Several compliments were given on his contribution to the Town and the community and consensus was that condolences and a card should be given to the Badman family. The staff discussed personally contributing (not with Town funds) to the New Hope Fire Department in Mr. Badman's honor. c. The last clean-up day is September 15th; Councilman Juli will be working the event. N. Motion made by Councilman MacDuffee to adjourn, seconded by Councilman Juli, motion unanimously carried to adjourn at 8:18 pm. Respectfully Submitted, Tiffany H. Landis ---PAGE BREAK--- Regular Town Meeting, September 13, 2018 7