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Regular Meeting November 2017 1 Town of Niles TOWN BOARD MEETING PUBLIC HEARING ON 2018 BUDGET November 9, 2017 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, Deputy Town Clerk OTHERS PRESENT: Pat Steger, Twila, John and Lin MacDuffee, Melissa Smith, Bill Sheppard and James Matijas A. Meeting called to order at 7:00 pm by Supervisor Jayne B. Pledge of Allegiance C. PUBLIC HEARING ON 2018 BUDGET On a motion by Supervisor Jayne and seconded by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing regarding the 2018 Preliminary Budget is opened. Mr. Bill Sheppard asked that the minutes be published in the Republican Register. Supervisor Jayne said she would look into it. There were no other comments from the public. On a motion by Supervisor Jayne and seconded by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli, MacDuffee Nays RESOLVED that the Public Hearing regarding the 2018 Preliminary Budget is closed. Attorney Smith stated that the process of events would be to vote on the budget on November 19, 2017 after the scheduled public hearing regarding local law 4 of 2017 - overriding the real property is closed. A decision on the tax cap override should be made before the budget is voted on. ---PAGE BREAK--- Regular Meeting November 2017 2 D. Discussion on Tax Cap Override Bookkeeper Kelly Anderson and Town Attorney Brody Smith went over the current Water and Sewer District tax concerns and briefed the options that the Town Board has. There is no tax cap exemption for water and sewer districts like there is for a garbage district. There is a $8,900 interest payment for the water and sewer districts that is due in June. This doesn't affect anyone that doesn't live there. Bookkeeper Anderson recommended that the Board approve a local law to override the tax cap so the water and sewer district can be appropriately levied. Attorney Smith said that there is another way the Board could proceed which would be to pay out of the general fund - contingency or other account - to not levy the money and this would allow the Town to stay under the tax cap. This would artificially lower taxes by 6.5% - the Town would temporarily borrow from one fund to pay for another. If we lower the tax levy by $8,900 so we wouldn't have to tell the state we went over the tax cap. The bad part is that we would be denying the Town $8,900 of revenue. This interest payment is a one-time deal. Bookkeeper Anderson does not recommend this because in the following tax season to recover taxes would increase 11-12% in one year or be spread at a 2% increase over six years. If the tax cap is overridden the district would pay the interest bill (levy) and everyone else would remain exactly the same - there wouldn't be a 6.5% drop this year followed by an 11-12% increase the next year to recover. Bookkeeper Anderson said that the districts are new - the Town will not have to override the tax cap every year. Attorney Smith explained that NYS counts all taxes in one bucket - the state doesn't separate districts out. Thirteen people in the Water and Sewer district will be paying the interest payment. The Bookkeeper is recommending that we pass a local law to exceed the cap. Consensus was to hold a special meeting to discuss and make a decision on whether or not the Town should exceed the tax cap. A public hearing will occur on Saturday November 18, 2017 at the Town Hall at 9:00 am for Board members and members of the Town to discuss a local law 4 of 2017 to over-ride the tax cap. On a motion by Supervisor Jayne, seconded by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that Bookkeeper Anderson adjust the Preliminary Budget to include the Water District No. 1 and Sewer District No. 1 $8,900 interest payment. RESOLUTION #2017-86 TO SCHEDULE A PUBLIC HEARING REGARDING LOCAL LAW 4 OF 2017 - OVERRIDING THE REAL PROPERTY TAX CAP WHEREAS Board Member Cuddeback has introduced for consideration Local Law 4 of 2017 entitled a Local Law Overriding the Real Property Tax Cap. ---PAGE BREAK--- Regular Meeting November 2017 3 NOW, THEREFORE, BE IT RESOLVED that the Town Board will hold a public hearing on November 18, 2017 at 9:00 am to hear all persons interest in the above referenced Local Law and to consider the adoption of such Local Law and that the Town Clerk shall cause notice of such public hearing to be published in the official Town newspaper in accordance with all legal requirements; 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 finds the proposed Local Law to be a "Type II Action" as defined therein. Specifically, the Town Board finds the proposed Local Law to be routine or continuing agency administration and management as defined by 6 Part 617.5(c)(20). Therefore, no further review is required under SEQRA. On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that a public hearing be scheduled in regards to Local Law 4 of 2017, Overriding the Real Property Tax Cap. F. Executive Session RESOLUTION #2017-87 EXECUTIVE SESSION On a motion by Supervisor Jayne, seconded by Councilman Cuddeback, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that the Board go into Executive Session at 7:17 pm to discuss personnel issues. RESOLUTION #2017-88 RETURN TO REGULAR SESSION On a motion by Councilman Cuddeback, seconded by Councilman MacDuffee, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that the Board return to regular Session at 7:37 pm. G. Discussion of Local Law RE: Cold War Veteran's Exemption Attorney Smith explained that the state Cold War Veteran's exemption is going to expire at the end of next year. The State has said that local Town's can choose to extend this exemption - to make it lifetime with no expiration date. Attorney Smith gave the Board a proposed draft law. Attorney Smith recommended holding a public hearing regarding the proposed law during December's regular Board meeting. The Board concurred. Councilman MacDuffee asked if this was why people were being asked for their DD-214s. Bookkeeper Anderson stated that no, the requests were coming from Assessor Schramm so she can ensure her files are up to date. She inherited several files that were incomplete. She is correcting that situation which will prepare the Town for any future audits which may ---PAGE BREAK--- Regular Meeting November 2017 4 occur. If the state finds incomplete files, the exemption may be taken away and Assessor Schramm wants to ensure this doesn't happen. RESOLUTION #2017-89 TO SCHEDULE A PUBLIC HEARING REGARDING LOCAL LAW 5 OF 2017 - EXTENDING THE COLD WAR VETERAN'S EXEMPTION WHEREAS Supervisor Jayne has introduced for consideration Local Law 5 of 2017 entitled a Local Law Extending the Cold War Veteran's Exemption. NOW, THEREFORE, BE IT RESOLVED that the Town Board will hold a public hearing on December 14, 2017 at 7:00 pm to hear all persons interest in the above referenced Local Law and to consider the adoption of such Local Law and that the Town Clerk shall cause notice of such public hearing to be published in the official Town newspaper in accordance with all legal requirements; 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 finds the proposed Local Law to be a "Type II Action" as defined therein. Specifically, the Town Board finds the proposed Local Law to be routine or continuing agency administration and management as defined by 6 Part 617.5(c)(20). Therefore, no further review is required under SEQRA. On a motion by Supervisor Jayne, seconded by Councilman Cuddeback, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that a public hearing be scheduled in regards to Local Law 5 of 2017, Extending the Cold War Veteran's Exemption. H. Authorize Execution of Amendment to Professional Engineering Services Contract on Sewer District No. 1 (no net change in cost) Attorney Smith explained that Barton & Loguidice did not spend as much money as they expected to in the design phase but there was more difficulty with the easement during the bid phase of their services. This resolution would move $3,200 within the contract from the pre to post phase. There is no additional cost at all - just moving money within the contract. ---PAGE BREAK--- Regular Meeting November 2017 5 RESOLUTION #2017-90 SUPERVISOR BE GIVEN AUTHORITY TO SIGN AMENDMENT NO. 1 TO THE APRIL 13, 2017 AGREEMENT BETWEEN THE TOWN OF NILES AND BARTON & LOGUIDIC (B&L) , D.P.C. FOR PROFESSIONAL SERVICES FOR NILES SEWER DISTRICT NO. 1 PROJECT On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays RESOLVED, that the Supervisor has authorization to sign Amendment No. 1 to the April 13, 2017 agreement between the Town and B&L for engineering services for the Niles Sewer District No. 1 to shift $3,285 within the contract. H. Approval of Minutes for Town Board meeting that was held 10/12/17 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 minutes of October 12, 2017 be approved. J. Departmental Reports A. Code Enforcement: Code Enforcement Officer Mr. Jerry VeVone provided the Board members with his report; $350 in building permits fees collected for building value of $84,900. Councilman Juli asked how Mr. VeVone was making out with the Junk car letters. Mr. VeVone said he prefers to make a phone call first so the person has a chance to clean out the car. If the phone call doesn't get results then a letter will be sent. Councilman MacDuffee asked what the code says about junk cars. Mr. VeVone stated that by state code a person have have 1 unlicensed vehicle on their property. If the vehicles are under cover you can have more if you are a dealer. Farms have ag exemption which allows more vehicles. Mr. Jim Matijas asked if Mr. VeVone was required to patrol the Town looking for violations. Mr. VeVone stated he was not and that if he did about 60% of the residents would be in some type of violation. He stated that he responds to complaints. Mr. VeVone stated that he does not like writing people up and bringing them to court. He prefers to work with people. Mr. VeVone stated that Niles adopted the state code in 1984. He stated that the state usually adds 200 pages or so a year to the code. Mr. VeVone gave the example that having chipped paint on your house is a violation - he doesn't think residents would appreciate being written up for that. He prefers to respond to complaints not patrol and look for violations. Councilman MacDuffee asked Mr. VeVone to verify that if you are a farmer you are allowed to have more unregistered vehicles parked. Councilman MacDuffee says he knows of a place that built a place under agricultural exemption but he has 4 junk cars parked there. Mr. ---PAGE BREAK--- Regular Meeting November 2017 6 VeVone said that under NY Code - yes. Mr. VeVone said not to confuse assessment value of agriculture exemption and code definition of ag exempt - it gets confusing. Attorney Smith said that if a person says they have a farm under NY code the Town doesn't currently make them provide proof. Attorney Smith said that the Board could make a local law that says we want to charge everyone for a building permit. Mr. VeVone again explained that if the building is agriculture he is not allowed per state code to inspect it. He can only assess from the road. Mr. VeVone stated that the assessor for agricultural exemption for tax purposes has specific guidelines to follow. Councilman MadDuffee said for example if he chooses to build a barn on his land and it's ag exempt you just give me ag exempt? Mr. VeVone said if you have a few acres or lease acres, yes. Supervisor Jayne said that this should be more simple. Mr. MacDuffee said what he is talking about it someone who is farm exempt getting out of a bill that he should be paying because he said he is farm exempt. Councilman Edmonds said he's a farmer and he'd willingly pay $100 now for pole barn permit and then get it back when he proves the building is for agricultural use. Mr. VeVone asked if we wanted to assume that people are lying to us when they come for a permit. Councilman MacDuffee said that if he is a veteran and has to show his DD-214 to prove it then a farmer should have to prove that he/she is a farmer and that they are not just somebody trying to get out of paying something. Mr. VeVone said then what you need to do is change your local laws. Councilman Edmonds said can't the code enforcement officer work with the Assessor and if the Assessor has proof that the property is Ag exempt then they don't have to pay a permit fee? The Board concurred that Attorney Smith should draft a law for the board to look at. Mr. VeVone said that you could even draft a law where everyone will pay a fee. No Board member wanted to charge a farmer to build a pole barn. Councilman Edmonds asked if we could inspect the structure...require access to it? Mr. VeVone said per the code - he cannot inspect if it's ag exempt. Councilman Cuddeback stated that it looks like we want people to pay more money. Mr. Matijas said that if a person builds an agricultural exempt building and then they turn it into a profitable cafe...or change it...how are you going to address changes in an ag exempt building? Councilman Cuddeback stated that when changes occur other things come into play like the health department...sprinkler system...food being served...etc. A question was asked what if the person that makes the change doesn't come forward? Mr. Matijas stated that we may want to include what happens when changes in building use occur what will happen if the building owner(s) don't come forward. Mr. VeVone said are we talking about zoning? The Town of Niles currently does not have zoning laws. Mr. VeVone stated that it could be seen that the local laws may be being used as zoning. Consensus was that the Board does not want zoning but proof that construction is actually being used for agricultural use could be beneficial. Councilman Edmonds stated that this should be shared and discussed with the Planning Board. Councilman Edmonds said he was also concerned about the structure of the building - big issue is safety. Councilman Juli gave a example about bid ---PAGE BREAK--- Regular Meeting November 2017 7 differences (farm equipment dealership) - had to be classified under commercial building because the public was invited in to do business so not classified as agriculture which increased the bid. Supervisor Jayne stated that this topic will go to the Planning Board. B. ASSESSOR'S REPORT: The Assessor Tammy Schramm was not in attendance but she wanted the Board to know that exemption renewals have been mailed out. Upcoming work includes field review to take updated photos and verity missing inventory found. Work also continues on sales analysis and land table schedule for the upcoming 2019 reassessment. Discussion ensued about when Assessor is in attendance. Attorney Smith stated that this is her slow time and Supervisor Jayne stated she comes when we ask her to. Supervisor Jayne said she will ask her to be at the December meeting. C. TOWN CLERK'S REPORT: Deputy Clerk Landis gave the report. Received shares totaled $415 and they have been deposited. Deputy Town Clerk ask Supervisor to make a Motion to approve Abstract 11. Motion by Deputy Supervisor Juli to pay Abstract 11 (November bills), seconded by Councilman Cuddeback, motion carried. Deputy Clerk Landis also informed the Board that confirmation from the State of New York Department of State that Local Law 1 (Imposing a Moratorium on the Commercial Solar Uses), Local Law 2 (To Permit Snowmobile Travel on a Portion of Church Road) and Local Law 3 (To Amend the Planning Board and Board of Appeals Procedure to Ensure Notice to Adjacent Property Owners) have been received and filed. D. ATTORNEY'S REPORT: Attorney Smith stated that all his matters have been discussed previously in the meeting. He has nothing further to report. E. HIGHWAY SUPERINTENDENT'S REPORT: Superintendent Steger summarized his daily journal which was provided to the Board members. Highlights include culvert replacements on Harter Road and Mack Road and a couple on Rowe Road. Tires brought in on clean-up days have been recycled with Seneca Meadows. The warranty on the Cat generator was used...during a power outage the generator didn't start. A bad sensor for coolant was discovered. CHIPs paperwork is complete and we should receive a reimbursement check of $132,000 coming sometime in December. The Appletree Point Road project was discussed. According to Superintendent Steger, everything is progressing and the next step is soil and water conservation. Councilman Edmonds asked about Suit Kote on Glen Haven Road and a project that involved mesh between blocks that was sprayed with milling pile number 2. Councilman MacDuffee confirmed that the barriers that are in place are staying. The project is complete. ---PAGE BREAK--- Regular Meeting November 2017 8 Councilman MacDuffee asked if all the Town's generators have been serviced. Superintendent Steger confirmed that they have and they are ready for use if needed. Superintendent Steger said that the Town's trucks are ready for winter. RESOLUTION #2017-91 APPROVAL OF DEPARTMENT REPORTS On a motion by Supervisor Jayne, seconded by Councilman Cuddeback, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays Resolved to approve departmental reports. J. Supervisor's Report RESOLUTION #2017-92 APPROVE FINANCIAL REPORT On a motion by Councilman Cuddeback, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes Cuddeback, Edmonds, MacDuffee, Jayne, Juli Nays Resolved to approve financial report. L. Other Business Solar Moratorium: Councilman Juli briefed the Board that he has been in communication with the Planning Board and they have been working on the issue. Attorney Smith said he can take the work that the Planning Board has done and draft it into the law for the Board to review. Councilman Juli said he would attend next week's Planning Board meeting and coordinate. M. Motion made by Supervisor Jayne to adjourn, seconded by Councilman Edmonds, motion unanimously carried to adjourn at 8:22 pm. Respectfully Submitted, Tiffany H. Landis Deputy Clerk