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REGULAR MEETING, February 9, 2017 1 TOWN OF NILES TOWN BOARD MEETING FEBRUARY 9, 2017 NILES TOWN HALL PRESENT: Joan Jayne, Supervisor Bernard Juli, Deputy Supervisor Clarence Edmonds, Councilman Steven Cuddeback, Councilman Joseph MacDuffee, Councilman Brody Smith, Attorney Tara Covert, Town Clerk Tiffany Landis, Deputy Town Clerk OTHERS PRESENT: Suzanne Sinclair, Karen Porter, Jerry VeVone, Pat Steger Meeting called to order at 7:01 p.m. by Supervisor Jayne, with the Pledge of Allegiance OPEN FLOOR TO THE PUBLIC Karen Porter asked when the board found out that there had to be a special board meeting on the 21st of January. On January 19th, the bookkeeper requested that a special meeting occur on the 21st in order to move money from the general checking account to the garbage checking account. The board determined that we should advertise better to the public via posting on the town's website, posting a notice on the door and advertising in the newspaper. Supervisor Jayne stated that another special meeting will be held on Monday the 27th of February. On February 21, 2017, the Town Attorney's office (Bond, Schoeneck & King, PLLC) contacted Supervisor Jayne and said that the February 27th special meeting should be cancelled due to paperwork not being ready. Supervisor Jayne concurred. APPROVAL OF MINUTES FOR REGULAR BOARD MEETING HELD ON JANUARY 12TH 2017. On a motion by Deputy Supervisor Juli and seconded by Councilman MacDuffee, resolved that the minutes for the regular (1/12/17) meeting be approved as written. ADOPTED Ayes Juli, Jayne, Edmonds, MacDuffee Nays RESOLUTION #2017-32 APPROVE CHANGING THE AMOUNT PAID TO THREE TOWN FIRE DISTRICT TO $284,943.48 FROM $283,070.00 TO MATCH CAYUGA COUNTY TAX WARRANT There was discussion about ensuring we obtain more accurate estimates from the county for next budget season. Fire Stations were using numbers from the previous year to budget for the current year. On a motion by Supervisor Jayne, seconded by Councilman Edmonds, the following resolution to change the amount paid to Three Town Fire District to $284,943.48 from $283,070.00 was ADOPTED Ayes MacDuffee, Juli, Jayne, Edmonds Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-32 to pay Three Town Fire District $284,943.48. ---PAGE BREAK--- REGULAR MEETING, February 9, 2017 2 APPROVAL OF MINUTES FOR SPECIAL BOARD MEETING HELD ON JANUARY 21ST 2017. On a motion by Supervisor Jayne and seconded by Councilman MacDuffee, resolved that the minutes for the regular (1/21/17) meeting be approved. ADOPTED Ayes Juli, Jayne, Edmonds, MacDuffee Nays RESOLUTION #2017-33 ABSTRACTS On a motion by Supervisor Jayne, seconded by Councilman Edmonds, the following resolution was ADOPTED Ayes MacDuffee, Juli, Jayne, Edmonds Nays RESOLVED that the abstracts be paid in the following amounts: General Fund No. 509-525, 528-533, 542-545 $16,242.54 Highway Fund No. 527, 534-541, 546-548 $13,574.68 Garbage Fund No. 526 $11,602.50 RESOLUTION #2017-34 SUPERVISOR REPORT On a motion by Supervisor Jayne, seconded by Councilman Juli, the Supervisor’s report for January was approved as submitted. ADOPTED Ayes Juli, Jayne, Edmonds, MacDuffee Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-34 DEPARTMENT REPORTS Councilman Cuddeback arrived at 7:15. CODE ENFORCEMENT REPORT Code Enforcement Officer VeVone reports that year end reports have been filed with state and federal governments. A violation letter has been sent to Randy Adams. The next step is that the Code Enforcement Officer will follow up with a registered letter. Mark Hess goes to court the second Saturday in March. ASSESSOR'S REPORT Assessor Tammy Schramm was not present. Town Attorney Brody Smith has a resolution prepared for if and when the board decides to hire an outside contractor to assist assessor in reevaluation of properties. The earliest that a reevaluation would be conducted would be 2018. TOWN CLERK We are continuing to collect taxes. The Clerk’s Report was provided to the Town Board. Total local revenues remitted for the month of January were $36.50 and have been deposited. ---PAGE BREAK--- REGULAR MEETING, February 9, 2017 3 ATTORNEY'S REPORT We are having a special meeting on Monday February 27th, 2017 at the Niles Town Hall at 2:00 pm. The purpose of meeting is to vote on the creation of the water and sewer districts and the bonding. A letter was sent to each resident in the potential districts explaining the project and asking them consent. Property owners will be responsible for decommissioning their private septic tanks and for the connection from the grinder pump to their residence; estimated cost per resident is $3000. On February 21, 2017, the Town Attorney's office (Bond, Schoeneck & King, PLLC) contacted Supervisor Jayne and said that the February 27th special meeting should be cancelled due to paperwork not being ready. Supervisor Jayne concurred. RESOLUTION #2017-35 TO APPROVE THE WATER AND SEWER DISTRICT FORMATION AND THE FEBRUARY 7TH, 2017 SUPPLEMENTING ENGINEER'S REPORT On a motion by Supervisor Jayne, seconded by Councilman Edmonds, the board resolved to approve the water and sewer district formation and the February 7th, 2017 supplementing engineer's report. ADOPTED Ayes Cuddeback, Juli, Jayne, Edmonds, MacDuffee Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-35 approving the water and sewer district formation and February 7th, supplementing Engineer's report. RESOLUTION #2017-36 TO SCHEDULE A SPECIAL MEETING ON MONDAY FEBRUARY 27TH 2017 On a motion by Supervisor Jayne, seconded by Councilman Edmonds, the board resolved to schedule a special meeting regarding the water and sewer district at 2:00 pm on Monday, February 27th at the Niles Town Hall. ADOPTED Ayes Juli, Cuddeback, Jayne, Edmonds, MacDuffee Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-36 to schedule a special meeting at 2:00 pm on Monday, February 27th at the Niles Town Hall. On February 21, 2017, the Town Attorney's office (Bond, Schoeneck & King, PLLC) contacted Supervisor Jayne and said that the February 27th special meeting should be cancelled due to paperwork not being ready. Supervisor Jayne concurred. The Town Clerk, Tara Covert, placed an announcement on the Town's website and at the Town Hall stating that the February 27, 2017 special meeting was cancelled. The posting in the Citizen announcing the meeting was also canceled. Examples of various local town solar panel laws were provided to the board by the Town Attorney, Brody Smith. The Town of Niles currently has no land law regulation that regulates construction of solar panels. The Town Attorney stated that the basic premise of the examples provided allow a resident to install solar panels on their personal roof without any permit but to install major panels or construct a solar farm a resident would be required to get a permit. The board was asked to think about what appropriate set-backs might be. The board decided that guidance and input should be sought from the Planning Board and the Code Enforcement Officer before the board makes a decision on solar panel regulations. Attorney Smith will draft a moratorium and bring it to the next board meeting. ---PAGE BREAK--- REGULAR MEETING, February 9, 2017 4 HIGHWAY REPORT Supervisor Jayne discussed the safety fund for Mr. Pat Steger, the Highway Superintendant. Mr. Steger is not a union member. Other highway employees belong to the union. The safety fund covers health and prescription insurance. Union premiums have been lowered. RESOLUTION #2017-37 TO KEEP HIGHWAY SUPERINTENDANT PAT STEGER'S HEALTH INSURANCE PREMIUM AT THE 2015 AND 2016 LEVEL On a motion by Supervisor Jayne, seconded by Councilman MacDuffee, the board resolved to keep Mr. Pat Steger's health insurance coverage the same as it was in 2015 and 2016. ADOPTED Ayes Cuddeback, Juli, Jayne, Edmonds, MacDuffee Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-37 to keep Highway Superintendant Steger's health insurance premiums the same as they were in 2015 and 2016. Superintendent Steger distributed a thorough report of the department's daily activities. New employees are doing well and utilizing breaks in the weather for training opportunities. Supervisor Jayne thanked Mr. Steger for replacing the flag pole rope. Mr. Steger has been investigating trucks and plows; pricing was provided to board members. RESOLUTION #2017-38 TO ACCEPT DEPARMENTAL REPORTS On a motion by Supervisor Jayne, seconded by Councilman MacDuffee, the board resolved to accept all departmental reports. ADOPTED Ayes Cuddeback, Juli, Jayne, Edmonds, MacDuffee Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-37 to accept all departmental reports. OTHER BUSINESS Bob DeWitt has decided he will join the planning board. RESOLUTION #2017-39 APPOINT MR. BOB DEWITT TO THE PLANNING BOARD On a motion by Supervisor Jayne, seconded by Councilman Edmonds, the board resolved to appoint Mr. Bob Dewitt to the planning board. ADOPTED Ayes Cuddeback, Juli, Jayne, Edmonds, MacDuffee Nays Resolved that the Niles Town Board adopt RESOLUTION #2017-37 to appoint Mr. Bob Dewitt to the planning board. Supervisor Jayne started a discussion with the board concerning whether the town should have a noise ordnance or not. There has been constituent concerns with the Frozen Ocean motocross. Deputy Supervisor Juli remembered noise and time limits being discussed during a 1988/1989 town board meeting. The town Clerk will look through 1988 and 1989 board minutes and provide findings to the town attorney. ---PAGE BREAK--- REGULAR MEETING, February 9, 2017 5 Motion to adjourn by Councilman MacDuffee, seconded by Councilman Edmonds. Unanimously approved. Ayes Juli, Jayne, Cuddeback, MacDuffee, Edmonds Nays The meeting was adjourned at 8:18 p.m. Respectfully Submitted, Tiffany H. Landis Niles Deputy Town Clerk