Public Hearing. Hearing no comment the Public hearing was closed at 7:32 pm. Public Hearing

Transcription

1 Regular Meeting 70 Public Hearing A Public Hearing was held at 7:30 p.m. at the Marilla Town Hall, 1740 Two Rod Road, Marilla, New York. The purpose of the hearing was to provide an opportunity for citizens to express community development and housing needs and to discuss possible projects or programs to meet those needs, particularly projects which would benefit low and moderate income persons in the Town of Marilla. The Town Clerk presented affidavits showing that certified copies of the Order Calling a Public Hearing had been published and posted pursuant to the provisions of the Town Law. Approximately (16) persons were in attendance. Officials present were: George Gertz, Supervisor Barbara Spanitz, Councilman Warren Handley, Councilman Elizabeth Ackerman, Councilman Donald Darrow, Councilman Supervisor Gertz stated that the Public Hearing regarding the use of Federal Community Development funds in the Town of Marilla was now open. Supervisor Gertz asked for public comment. Hearing no comment the Public hearing was closed at 7:32 pm. Respectfully submitted by, Marilla Town Clerk Public Hearing A Public Hearing was held at 7:30 p.m. at the Marilla Town Hall, 1740 Two Rod Road, Marilla, New York. The purpose of the hearing was to provide an opportunity for citizens to comment on Local Law 6 for the year 2010 entitled Outdoor Wood Boiler Law of the Town of Marilla. The Town Clerk presented affidavits showing that certified copies of the Order Calling a Public Hearing had been published and posted pursuant to the provisions of the Town Law. Approximately (16) persons were in attendance. Officials present were: George Gertz, Supervisor Barbara Spanitz, Councilman Warren Handley, Councilman Elizabeth Ackerman, Councilman Donald Darrow, Councilman Supervisor Gertz stated that the Public Hearing regarding the proposed outdoor boiler law in the Town of Marilla was now open. Supervisor Gertz asked for public comment. Resident and Planning Board Member Richard Rose asked why were the months of operation removed from the law, he stated it was suppose to prohibit running the boilers from April 1 st to October 1 st.? Supervisor Gertz responded that it was a Town Board decision to remove that from the law, some farmers use it to heat water. Resident and Zoning Board Member Stanley Travis felt the Town Board should hold off passing the law until they see what the final law is that the DEC passes. Resident Keith Foss asked if the law passes who would be grandfathered and would only new owners have to meet with the requirements? Richard Rose stated that the wood burners that are sold in New York State are banned from Maine, Massachusetts, Vermont and New Hampshire.

2 Regular Meeting 71 Mr. Stizman from the DEC stated that the DEC received over 5000 comments Statewide and after several public hearings the final law should be passed by the end of the year. He stated the height and setback are similar to the Town s law and any new one sold will have to be the best unit you can buy. The retailers will be required to hand out the new regulations. He said most complaints received are from densely populated areas and the state law does not allow burning between May 15 th and September 30 th unless the model is certified or 500 foot property line. They also must be 1000 feet from a school. He said the law is moving ahead and could be in place by the end of the year. Stanley Travis asked if grass pellets were an approved fuel and asked if the Town would look for approved fuels by the State/ Resident and Highway Employee James Beats stated that there are a lot of wood stoves that produce as much if not more smoke. He asked how they can justify coming after boilers and not indoor stoves. He asked what the difference was between an indoor versus outdoor. Town Resident and CAB Member Debbie Beats asked if the 18 foot stack would also be required in the Town Law? Hearing no comment the Public hearing was closed at 8:00 pm. Respectfully submitted by, Marilla Town Clerk Regular Meeting The regular meeting of the Marilla Town Board was held on Thursday, at 8:01 p.m. at the Marilla Town Hall, 1740 Two Rod Road, Marilla, New York. Officials present were: George Gertz, Supervisor Barbara Spanitz, Councilman Warren Handley, Councilman Elizabeth Ackerman, Councilman Donald Darrow, Councilman Communications Communications were received and read from: 1. Willey Enterprises of WNY LTD notified the Town that they renewed their Liquor License as required by law. 2. The Kiwanis Club of Marilla is having an informational speaker on Thursday, October 28 th at 7:30 pm at the Marilla Community Center on Smart Seniors: Stopping Scam Artists before they strike and Identity Theft: Protecting you from America s fastest growing Crime the speaker is from the NYS Attorney General s Office. 3. Steven and Darlene Pierce informed the Town of their intent to operate a Redemption Center Facility in the building located at 1592 Two Rod Road. Committee Reports Highway Superintendent Ronald Unverdorben reported that he had received delivery of the new Bobcat. He also reported that the Town received the Grant he applied for from the State for the fence at the Marilla Cemetery for $29,400. He reminded residents that the Recycling Center will now be open from 9 am to 3 pm from October 16 th to December 4 th. Councilwoman Spanitz reported that the next Planning Board Meeting will be held on October 21 st at 7:00 pm the Library Board meeting will be on October 19 th. Councilwoman Ackerman reported that she attended the Historical Society dinner where they honored Ron Unverdorben for all his hard work on projects and he was instrumental on the Civil War days. The next Historical Society meeting will be held on October 25 th.

3 Regular Meeting 72 She also reported that the new Century House signs are available, they are oval, white and black, they cost $35. Anyone interested in one should contact the Historical Society to order one. Councilman Handley reported that he wanted to thank everyone who helped on Ag Day, they collected $421 in pie sales for the Library and at a previous concert $200 in root beer floats for a total of $621 to the Library. He wanted to especially thank Carl and Chad Schlifke, they play such a large part in helping with Ag Day and also Ron, Dave and Ron Jr. Unverdorben were all a huge help. He also thanked the residents for their participation. He said that Veteran s Day Parade on November 7 th will be having the annual parade at 12:00 pm and he will be contacting the Youth Groups soon to participate. Councilman Darrow reported that Vinney Beisiegel is again the Chairman for the 2011 Car Show, it will be a 2 day event on the last weekend in July. He reported that the CAB is looking at the Town s Comprehensive Plan. Supervisor Gertz reported that he also attended the Historical Society dinner at the Roycroft Inn and it was very nice. He stated Town Board will have a Special Meeting on October 26 th at 7:00 pm, they will be meeting with the Marilla Fire Company at 7:00 pm and the Town Highway and Sanitation Employees at 7:30 pm concerning their 2011 contracts. Open Board Presentations From the Public Mike George from Access Elevator stated that they had completed the elevator project a year ago and have tried through their attorney to resolve the problem, he asked if there was any way they would meet with them to finish this, they had not been paid since last year. Supervisor Gertz replied he had received a call and sent a check this week and the issue was over. Old Business Councilwoman Spanitz moved, seconded by Councilman Handley to approve the minutes of the Public Hearing and Regular Board Meeting held on 9/9/2010 and the Special Meeting held on 9/28/2010. Motion Carried. New Business Councilwoman Ackerman moved, seconded by Councilman Darrow to approve the tentative budget as the preliminary budget for the Town of Marilla for the fiscal year beginning January 1, 2011 and offered the following Resolution: RESOLVED THAT THE TOWN BOARD OF THE TOWN OF MARILLA does hereby prepare and approve the preliminary budget for the Town of Marilla for the fiscal year beginning the first day of January, 2011 with the itemized statement of estimated revenues and expenditures and that those are made a part of the resolution and be it FURTHUR RESOLVED that such preliminary budget should be on file in the Office of the Town Clerk where it shall be available for inspection by any interested persons at all reasonable hours, and be it FURTHER RESOLVED that the Town Clerk give notice of public hearing in the manner provided in Section 108 of the Town Law and such notice shall be published substantially in the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET FOR THE YEAR 2011 TOWN OF MARILLA: NOTICE IS HEREBY GIVEN that the preliminary budget of the Town of Marilla, Erie County, New York, for the fiscal year beginning January 1, 2011 has been completed and filed in the office of the Town Clerk of said Town at 1740 Two Rod Road, Marilla, New York at 7:30 p.m. local time on the 4 th day of November, 2010 and that at such hearing the citizens of

4 Regular Meeting 73 the Town of Marilla may be heard in favor for or against any items there in contained, and FURTHER NOTICE IS HEREBY GIVEN, pursuant to Section 08 of Town Law that the following are the proposed yearly salaries of elected town officials, to wit: Supervisor..$31, Supt. Of Highways.$54, Town Clerk $44, Councilmen(4) each...$ 8, The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Marilla at by October 29 th, Roll Call Vote: Councilwoman Ackerman moved, seconded by Councilwoman Spanitz to set the public hearing for the 2011 Fireman s Contract and Town Budget for November 4 th at 7:30 pm. Councilman Handley moved, seconded by Councilman Darrow to approve Court Clerk, Dawn Stover to purchase Courtroom software SEI at a cost of $1,800. Councilman Handley moved, seconded by Councilwoman Ackerman to approve Court Clerk, Dawn Stover to attend a training seminar in Jamestown. Councilwoman Spanitz moved, seconded by Councilman Handley to approve the following resolution to extend the disposal contract: WHEREAS, the Town of Marilla previously entered into a Contract for the Disposal of Mixed Municipal Solid Waste, Trash and Bulky Items (the Disposal Contract ) on August 31, 2007 for a term commencing on January 1, 2008 and ending on December 31, 2010 with Allied Waste Services of North America, LLC. (Allied); and WHEREAS, the Town approved an addendum to allow the contract to commence as of September 1, 2007 due to repairs being made to the Chautauqua County Transfer Station; and WHEREAS, the Disposal Contract provides for a first extension of one (1) year at the sole option of the Town of Marilla; and WHEREEAS, The Town Board has reviewed the current rates and has determined that it is in the public interest to extend the contract at this time for one (1) additional year with an increase only based upon the CPI increase. NOW, THEREFORE BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. The Town Board does hereby approve a one year extensions to the Disposal Contract for a term commencing on January 1, 2011 and ending on December 31, 2011 at the current price of $37.50 per ton increased by CPI only. 2. The Supervisor is hereby authorized to execute the one year extension. 3. This resolution shall take effect immediately. The above resolution was duly put to a roll call vote at a regular meeting of the Town Board held on, the results of which were as follows:

5 Regular Meeting 74 Councilman Handley moved, seconded by Councilwoman Ackerman to wait until the DEC passes their law for outside boilers to approve Local Law 6. Councilwoman Spanitz moved, seconded by Councilman Handley to approve the following resolution to apply for a grant for the Justice Court: WHEREAS: The Justice Court Assistance Program (JCAP) was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the automation and operation of their Justice Courts; WHEREAS: The maximum JCAP grant is $30,000 and there are no matching funds required by this application; WHEREAS: The grant may be used for a variety of purposes, including but not limited to the construction, acquisition of computer equipment, office equipment, furniture and security measures for the Justice Court and Court office; WHEREAS: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 31, 2010 deadline; NOW BE IT RESOLVED that Connie D. Miner & Co. Grant Consultants, the Town s grants consultants, be authorized and directed to complete the necessary application, forms, etc. to be submitted to the New York State Unified Court System for the purpose of securing this grant for the interior renovations to the Marilla Justice Court; and, BE IT FURTHER RESOLVED that the Town of Marilla Town Board does hereby authorize Supervisor George Gertz to sign and if funded, execute a grant application entitled: NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract. The above resolution was duly put to a roll call vote at a regular meeting of the Town Board of the Town of Marilla held on, the results of which were as follows: Councilwoman Ackerman moved, seconded by Councilman Darrow to approve the following resolution for HUD funds: Whereas, the Town of Marilla has participates in the Erie County Community Development Block Grant Program each year, and Whereas, the Town of Marilla held a public hearing for comments on proposed projects for the year 2010 on, and Whereas, several projects were brought up and the Town Board has agreed to submit grant applications on three projects for the year 2011, and Now, therefore be it resolved AS FOLLOWS:

6 Regular Meeting 75 The Marilla Town Board authorizes the Supervisor to sign, submit and execute a Contract with Erie County Community Development Block Grant (CDBG) Program for the following projects listed in order of rank: 1. Demolition of building at 1717 Two Road, Marilla, New York requesting $19,000 to be matched by $1000 from the Town s General Fund line item. 2. Rural Transit Van services. 3. This resolution shall take effect immediately. The above resolution was duly put to a roll call vote at the regular meeting of the Town Board held on, the results of which were as follows: Councilwoman Ackerman moved, seconded by Councilwoman Spanitz to approve the following resolution honoring the Historical Society: WHEREAS, the Town of Marilla Historical Society was established in 1960 and for fifty years has been providing a valuable service to the Town of Marilla by helping to maintain the cultural heritage of the Town of Marilla as well as providing valuable information to individuals and families looking into their background; and WHEREAS, the Town Board of the Town of Marilla wishes to honor the Town of Marilla Historical Society for their contributions to the residents of the Town of Marilla and to recognize them for their contributions during their fifty year existence NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. That the Town Board of the Town of Marilla wished to recognize the Town of Marilla Historical Society on their fifty year anniversary and recognize them for their many contributions to the residents of the Town of Marilla over the fifty year period 2. This resolution shall take effect immediately. The above resolution was duly put to a roll call vote at a regular meeting of the Town Board held on, the results of which were as follows: Councilman Handley moved, seconded by Councilman Darrow to amend the agenda. Councilman Handley moved, seconded by Councilwoman Ackerman to authorize the Supervisor to sign a letter of intent with James Reid for property located at 1717 Two Rod Road. Report of Town Officials Town Engineer Marie Nowak reported that the bids for Water District 5 looked good and they just have to work a few things out with Rural Development. Building Inspector Scott Rider submitted a written report with 8 building applications received with fees totaling $1,085.00, 8 building permits were issued with a total value of $375,900.00, 15 inspections were made for the month of September. There were a total of 180 logged activities.

7 Regular Meeting 76 Town Assessor Kandace Wittmeyer stated she has been currently appointed to the New York State Assessor Legislative Committee. She submitted her monthly report to the Town Board and thanked everyone for being patient with her during her recovery. The CAB minutes were received and posted for their September Meeting. The Planning Board minutes were received and posted. Bradley Wurthner from the Marilla Fire Company reported that the Fire Company will be holding an open house on Saturday October 16 th from 12-4 pm. They will have a demonstration on public safety, Mercy Flight will be there and free child finger printing. Open Board Presentations None Councilman Handley wanted to honor Town Assessor Kandace Wittmeyer for her achievements and commended her for creating the power point Understanding the Real Property Tax System which is being utilized throughout the State and in UB law School Classes. He said Kandy received the innovation award from NYS Assessors Association. He congratulated her and said we are lucky to have her. Supervisor Gertz reported that the parking lot has been stripped and he wanted to thank Bill Blarr for donating his time and the paint, as well as Ron Unverdorben for helping. He also thanked Ron for building the weathervane which sits on top of the Gazebo, Ron put it up this summer. He said there is now a defibrillator in the Town Hall, he plans on teaching the Town Clerk and Deputies how to use it in case of an emergency. The Vouchers have been audited by all of the Town Board Members. Councilwoman Spanitz moved, seconded by Councilman Darrow to approve the claims as follows: General Fund Claims, Vouchers $ 31, Highway Fund Claims, Vouchers $ 18, Special Districts Sanitation (SR), Vouchers $ 22, Special Fire Voucher 8 $ 5, Water District #2, Vouchers $ 2, Water District #3 Voucher 12 $ 1, Water District #4 Voucher 11 $ Water District #5 Voucher 8 $.00 Community Develp. PACE Vouchers $ Community Develp. HUD $.00 Cemetery Vouchers $ Councilman Handley moved, seconded by Councilman Darrow to adjourn the meeting at 8:30 p.m. Respectfully submitted, Town Clerk Supervisor Councilman Councilman Councilman Councilman