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Regular Town Meeting, February 8, 2018 1 Town of Niles TOWN BOARD MEETING February 8, 2018 Niles Town Hall PRESENT: Joan Jayne, Supervisor Steven Cuddeback, Councilman Bernard Juli, Deputy Supervisor Attorney Brody Smith Clarence Edmonds, Councilman Joe MacDuffee, Councilman Tiffany Landis, Town Clerk Patty Podolak, Deputy Town Clerk OTHERS PRESENT: Sean Murphy, Dave Powers, Dan Kehoe, Karen Porter, Pat Steger and Roger Slater A. Meeting called to order at 7:00 pm by Supervisor Jayne B. Pledge of Allegiance C. Open floor to the public Mr. Dave Power, Mr. Sean Murphy and Mr. Kehoe, whom are all members of the Odd Fellows volunteer organization inquired about the status of the Code Enforcement issue on the Adam's property. Attorney Smith provided copies of a Notice of Violation Order to remedy violation letter that was sent to Mr. Adams. Two violations were listed from the Property Maintenance Code of New York State: 1) Section 302 - Exterior Property Areas - An inoperable or unlicensed motor vehicle is being stored within the exterior property area of the premises. the motor vehicle appears to be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. 2) Section 308 - Rubbish and Garbage - The exterior of the Property is not free from rubbish; to wit, a lawn mower, two boats and two snowmobiles are presently being stored on the premises, most of which appear to be non-functional (Section 308.1). Mr. Adams was directed and ordered to comply with the law and to remedy the condition before February 22, 2018. A second letter was sent to Mr. Adams stating that there are violations to the Town of Niles Junkyard law. Mr. Adams was ordered to correct the violation by March 9, 2018. In both cases, if the violations are not corrected by the date identified the Inspector will pursue further enforcement. Conversation ensued about items on the property. Curt Coville is the Town's temporary Code Enforcement Officer until a permanent Officer is hired. Mr. Coville will check the property on February 22, 2018 to check to if the violation has been ---PAGE BREAK--- Regular Town Meeting, February 8, 2018 2 remedied. Attorney Smith stated his advice would be to start with the Town Justice if the violations are not complied with. D. Approval of Minutes Councilman Cuddeback asked for further investigation into the New Hope Fire Department building permit refund. Upon research, a $100 building permit could not be found. The Code Enforcement Officer and Clerk will investigate. Refund will be held until next month. Town Board meeting on 1/11/18 as amended On a motion by Councilman Cuddeback, seconded, by Councilman Edmonds the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the minutes of January 11, 2018 as amended be approved. E. RESOLUTION #2018-33 APPROVE ABSTRACT 2 (FEBBRUARY BILLS). a. A General Fund $60,212.60 b. DA Highway Fund $75,812.40 c. SR Garbage Fund $11,834.50 d. SF Fire District Fund $289,555.00 e. H1 Water Fund $75,242.69 f. H2 Sewer Fund $87,115.66 On a motion by Supervisor Jayne, seconded by Councilman Edmonds the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-33 F. Executive Session RESOLUTION #2018-34 EXECUTIVE SESSION On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the Board go into Executive Session at 7:14 pm to discuss personnel issues. ---PAGE BREAK--- Regular Town Meeting, February 8, 2018 3 RESOLUTION #2018-34 RETURN TO REGULAR SESSION On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the Board return to regular Session at 7:37 pm G. Supervisor's Report Bookkeeper Kelly explained that there is no Supervisor's report. Our auditors are coming in March and our software vender advised not to close out 2017 until we make our final entries. Normally, we would have met with the auditors this month (February) but their schedule has been packed to we are meeting in March. Bookkeeper Kelly explained that is why she didn't complete the report so 2017 can remain open until the audit is finished. Bookkeeper Kelly requested a motion to request a 60- day extension for the filing of the Annual Update Document that is sent to the Office of the NY State Comptroller. RESOLUTION #2018-35 TO AUTHORIZE TOWN SUPERVISOR TO REQUEST A 60-DAY EXTENSION FOR THE FILING OF THE 2017 ANNU.AL UPDATE DOCUMENT WITH THE OFFICE OF THE NEW YORK STATE COMPTROLLER On a motion by Councilman Juli, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-35 H. Departmental Reports A. Code Enforcement: Currently vacant. B. Assessor's: Assessor Tammy Schramm was not in attendance but she provided a report. Utility and Land Advisory requests have been submitted. MOU with NYS Office of Real Property has been submitted. Pictures were added to 177 parcels. Exemption renewal applications continue to come in - about half have been received. A total of 23 calls and 21 visits were received in January. Data mailers will be sent to property owners so they may review their property inventory and either agree that it is correct or contact me about any errors prior to 2019 values being placed. C. Attorney Report: Attorney Smith showed the Board a map of a small parcel of land (40 feet wide by 137 feet deep) that the Board would like to convey to the New Hope Fire Department. Attorney Smith researched the deeds that were provided to him. None of them included this small lot. There was a conveyance of the larger whole ---PAGE BREAK--- Regular Town Meeting, February 8, 2018 4 property to the Town from the Martha Badman in 1973. Attorney Smith’s advice was to do a quick claim deed. A resolution needs to be done authorizing the Supervisor to execute the deed and would direct the Clerk to publish notice of a 30-day permissive referendum. RESOLUTION #2018- 36 TO AUTHORIZE THE SUPERVISOR TO EXECUTE A DEED TO CONVEY LAND TO THE NEW HOPE FIRE DEPARTMENT, INC. WHEREAS, The Town Board desires to convey a small parcel of land bearing tax parcel number 167.00-2-15.12 to the New Hope Fire Department, Inc.; and WHEREAS, the Property is approximately 40 feet wide and 137 feet deep and is situated on New Hope Road; and WHEREAS, the Fire Department desires to use the land at issue to construct a new fire house; and WHEREAS, the Property is surplus to the Town and has no value except for the public use it would serve if allowed to be used to construct a new fire house; and WHEREAS, The Town desires to comply with the requirements of Town Law 64, and thus, thus resolution shall be subject to permissive referendum. On a motion by Councilman Juli, seconded, by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-36. D. Town Clerk: Clerk Received shares totaled $517.00 and they have been deposited. The Shopper's circulation does not cover the whole Town; a circulation map was provided. Sixty percent of the property taxes have been collected totaling $1,529,253.86. The full warrant was able to be paid to the Town which includes money for the highway fund ($92,300), the fire district (289,555), garbage and refuse ($142,014), the water ($3,196) and the sewer ($5,709) districts. At the January meeting, Clerk Landis was asked to investigate a missing rifle (a rifle was collected from the previous dog catcher - but it was not the same rifle that was donated by Jim Matijas in 1983). There was no record of the transaction in the minutes, Jim and George Matijas and George Komer were talked to and no information gained led to finding the missing weapon. Supervisor Jayne stated she has talked to Cayuga County Sherriff Dave Gould and he said that unless you know who owns the gun you can't have it destroyed or sell it. Consensus was to have the weapons received from the previous dog catcher disabled and put into storage. ---PAGE BREAK--- Regular Town Meeting, February 8, 2018 5 RESOLUTION #2018-37 TO DISABLE AND STORE THE WEAPONS RECEIVED FROM STACY MORRIS, THE TOWN'S PREVIOUS DOG CATCHER Weapons include a rifle and a dart gun. On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, that the Town of Niles board adopt RESOLUTION #2018-37 Councilmen Cuddeback asked the Clerk to look into Meals on Wheels - to get a voucher and to inquire how many Niles residents receive meals. E. Highway Superintendant's Report: Superintendent Steger summarized his daily journal which was provided to the Board members. Highlights included dealing with rain, ice and snow. Loader windshield was replaced (covered under warranty). Number 2 truck was cleaned, primed and painted. Case Road sign was reset. Tracey's made truck delivery - did new truck walk around and manuals were read. F250 had an engine light - part is ordered. Viking Representative Cory instructed on sander operation. Genson Overhead doors repaired cold storage door - there was rot on the bottom panels of the doors which are 29 years old. Discussion ensued about new tires for the loader. Consensus was for Superintendant Steger to get bids on tires - cheaper isn't necessarily better. The Historian also provided a report. She is researching the history of several families and she assisted a student with a project on the 1920s. The Dog Control officer has one complaint, one dog was seized and sheltered and one dog was adopted. The complaint was on a feral cat problem. The dog that was seized was also the one that was adopted. RESOLUTION #2018-38 APPROVAL OF DEPARTMENTAL REPORTS On a motion by Supervisor Jayne, seconded by Councilman Cuddeback, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED, to approve departmental reports. ---PAGE BREAK--- Regular Town Meeting, February 8, 2018 6 I. Other Business Supervisor Jayne showed the Councilman a Code of Ethics policy. She asked the members to please read it over and then bring it to the next meeting signed. Supervisor Jayne stated that the Town staff received a Thank you from the Bell family for the donation provided for the recent fundraiser. Mrs. Karen Porter asked if the staff or the Town paid for the item donated. Supervisor Jayne stated that the staff members paid for the item, not the tax payers. Councilman MacDuffee arrived. J. Motion made by Supervisor Jayne to adjourn, seconded by Councilman Cuddeback, motion unanimously carried to adjourn at 8:34 pm. Respectfully Submitted, Tiffany H. Landis