1 Regular Meeting of the Town Board February 13, 2019 7:00pm Town of Windsor, Town Hall 124 Main Street, Windsor, NY 13865 Supervisor Price pointed out the exits in the room. MEETING CALLED TO ORDER by Supervisor Carolyn Price, at 7:00pm. PLEDGE OF ALLEGIANCE was recited. ROLL CALL by Clerk: Supervisor Carolyn Price: Present Deputy Supervisor William J. McIntyre: Present Councilman Gary M. Hupman: Present Councilman Mark Odell: Present Councilwoman Lesa Hawk-Shuler: Present Highway Superintendent Rocky Kohlbach: Present Attorney Cheryl Sacco: Present Deputy Town Clerk Lucille Swartz: Present Also present were: Code Enforcement Officer Dave Brown, Scott B. Clarke, Jerry Henehan, Elizabeth Einstein, and Don Einstein. PUBLIC COMMENT: (Supervisor Price outlined the guidelines of public comment.) Jerry Henehan, Dunbar Rd: Last week, a contractor cut trees and limbs in front of his home. The small branches were fed into a chipper by the Town Highway employees. Larger portions were partially in the right-of-way and partially on his property. Also, stumps were left which is dangerous. They should be eliminated. My property has been adversely affected. It seems as though the Town Highway Department can do whatever they want, or do nothing at all. For nineteen years there has been a battle for best practices regarding tree removal. He believes the Town Supervisor and the Town Board have the responsibility and authority over the Town Highway Superintendent, and that the mess should be cleaned up immediately. Highway Superintendent showed Jerry Henehan a tree ordinance which states that the Highway is responsible for trees 25 feet out, from the center of the road. Jerry said that 2-1/2 years ago, he, Highway Superintendent Kohlbach and Supervisor Price met at his house and agreed that nothing would be done with the trees. Town Supervisor said that this conversation probably needs to continue after the Board Meeting. Jerry said he wants it on the record. Jerry provided pictures to the Town Board. APPROVAL OF MINUTES: To approve the minutes of the January 9, 2019 Regular Meeting, as submitted. FINANCIAL REPORT: TOWN OF WINDSOR, COUNTY OF BROOME, STATE OF NEW YORK Resolution to Amend the 2018 Budget to Reflect Actual CHIPS Revenue and Expenditures RESOLUTION #9-2019 PRESENT: Supervisor Carolyn W. Price Deputy Supervisor William J. McIntyre Councilwoman Lesa Hawk-Shuler Councilman Gary M. Hupman Councilman Mark Odell Offered By: Second By: Deputy Supervisor McIntyre Councilman Hupman WHEREAS, the Town has received a total of $379,225.57 in CHIPS reimbursements for the year 2018 when $250,000 was originally budgeted; therefore
2 IT IS HEREBY RESOLVED by the Town Board of the Town of Windsor that the following budgetary adjustment be made, effective February 13, 2019: DB960 Estimated Appropriations... $379,225.57 Subaccount: 5112.4 Improvements CHIPS DB510 Estimated Revenues... $379,225.57 Subaccount: DB3501 Consolidated Hwy Gap AYE - Supervisor Price AYE - Deputy Supervisor McIntyre AYE - Councilwoman Hawk-Shuler AYE - Councilman Hupman AYE - Councilman Odell Resolution Adopted: February 13, 2019 Resolution #8-2019 to accept 2018 year end budget adjustments was approved. Supervisor Price distributed and highlighted: * December 2018 End or Year Financials. * January 2019 Financial Report. To approve bills for payment: General Fund Vouchers #26 through #89, totaling $317,363.28; Sewer Operating Vouchers #1 through #9, totaling $5,791.94; Highway Fund Vouchers #15 through #63, totaling $70,911.42; and Trust & Agency Vouchers #1 through #3, totaling $68,313.04 COMMITTEE REPORTS: ASSESSOR: Report submitted. CEMETERIES: None. DOG CONTROL: None. ECONOMIC DEVELOPMENT: 1. Source Water Protection Technical Assistance Program from New York Rural Water Assoc. 2. Congressman Anthony Brindisi Press Conference on Water Infrastructure, February 22, 2019 1:00pm, Windsor Town Hall. ENERGY: Public Service Commission Matter #16-F-0559 Application of Bluestone Wind, LLC 1. January 4, 2019 Letter from Delaware-Otsego Audubon Society, Inc. to Calpine Corporation (Bluestone Wind, LLC) 2. January 14, 2019 Notice of Availability of Intervenor Funds and Deadline for Funding Requests 3. January 22, 2019 Press Release - Bluestone Wind Project Public Statement Hearings Scheduled 4. January 28, 2019 Notice Rescheduling Informational Forums and Public Statement Hearings Williams Representatives at West Windsor Fire Hall, February 20, 2019, 6:00pm Open to public HIGHWAY: To advertise for road sand bids. Since this motion was not on the Agenda, Supervisor Price looked to the public for any comments. There were none. HISTORY: None. SENIOR CITIZENS: Age friendly community needs survey TOWN CLERK/REGISTRAR: Report submitted. TOWN HALL: None. WASTEWATER TREATMENT PLANT: Foley Rd pump station had an electrical failure. Supervisor Price mentioned that people are still flushing inappropriate things down the toilets (wipes, dental floss, cigarette butts, cotton balls/swabs, etc.).
3 ZONING, PLANNING & CODE ENFORCEMENT: Code Enforcement Monthly Report submitted. To ratify advertising for Planning Board Members. UNFINISHED BUSINESS: Deputy Supervisor McIntyre stated that the Working Group (consisting of Highway Superintendent Kohlbach, Town Engineer Lake and Town Councilmen McIntyre and Odell) met twice. The first meeting was to re-write the local law, taking into account the comments from the public hearing. As the rough draft had many problems when run through the Town Attorney s Office, a second meeting was held. Ideas from other nearby Towns were considered. The Working Group seems to be in favor of having the Highway Superintendent create haul routes, and having the power to enforce them. The Working Group will be setting up a meeting with local haulers at the Town Hall. Attorney Sacco said that there are pros and cons to haul routes, but this might be best for the Town of Windsor. To authorize Highway Superintendent to set seasonal weight limits on appropriate roads during the Springtime, until he sees fit to remove them. The weight limit is 15 tons for Bell Rd, Anne Rd, Scouten Hill Rd, Hargrave Rd, Mt. Carmel Rd, Williams Rd, Honey Hollow Rd, and Ostrander Rd. To withdraw the above Motion. NEW BUSINESS: TOWN OF WINDSOR, COUNTY OF BROOME, STATE OF NEW YORK A Resolution Asking that AIM Funding Be Restored in the New York State s 2020 Budget. Resolution #7-2019 PRESENT: Supervisor Carolyn W. Price Deputy Supervisor William J. McIntyre Councilwoman Lesa Hawk-Shuler Councilman Gary M. Hupman Councilman Mark Odell Offered By: Deputy Supervisor McIntyre Whereas, Aid and Incentives for Municipal Funding ( AIM ) is essential to the Towns and Villages that receive such funding; and Whereas, AIM is key state funding that Local Governments have relied on for years; and Whereas, AIM affects not just Local Governments but the communities that they are located in; and
4 Whereas, Governor Cuomo s proposed 2020 budget plan eliminates AIM funding for Local Governments that rely upon AIM funding for less than two (2) percent of their budgets; and Whereas, It is believed that such a cut will save New York State $60,000,000 in its budget but it will dramatically impact 1,328 of New York State s 1,465 Towns and Villages; and and Whereas, Many Local Governments are already struggling financially, especially those in Upstate; Whereas, Local Governments must create and pass budgets that navigate a number of difficult financial stressors that include: the New York s Tax cap, increasing health insurance costs, high contribution rates for the New York Retirement System, prevailing wage, competitive bidding and procurement obligations, the Wicks Law, the Taylor Law, Workers Compensation, and a dedicated but an often unionized and civil service protected work force; and Whereas, In addressing its budget and its Local levy, Local Governments must face limited avenues for revenue generation, limited economic development in its boundaries, Payments in Lieu of Taxes, an aging population often on limited incomes, a diminishing population, potential business opportunities that are fleeing high taxes and thus leaving New York State and often unpredictable sales tax distribution and/or generation; and Whereas, The loss of AIM is magnified for those Local Governments which already have all or part of their budgets set; and therefore be it Resolved, That the Town of Windsor, on behalf of its residents, recognizes the important role of AIM funding in Local Governments; and be it further Resolved, That the Town of Windsor enthusiastically encourages the New York State Governor, the New York State Assembly and the New York State Senate to consider the consequences of the proposed reduction of AIM for Local Governments and demands that such funding be restored in the Budget; and be it Resolved, That a certified copy of this resolution shall be forwarded to Governor Andrew Cuomo, Senator Fred Akshar, Assemblyman Clifford Crouch, County Executive Jason Garner, the Upstate New York Towns Association, The New York State Association of Towns, New York Conference of Mayors and the Local News Media. Supervisor Price - AYE Councilman Hupman- AYE Resolution Adopted: February 13, 2019 Sec. By: Councilwoman Hawk-Shuler To authorize the Supervisor, Code Enforcement Officer, Engineer, and Highway Superintendent to Sign the Hazard Mitigation Plan Update. To confirm Aaron Launt as a member of the West Windsor Fire Company. To ratify Coughlin & Gerhart s Joint Application for Intervenor Funding on the Bluestone Wind Project on behalf of the Towns of Windsor and Sanford.
5 Attorney Sacco spoke regarding the above Motion. Motion By: Councilman Hupman To authorize the Supervisor to sign the Clean Energy Communities (CEC) Contract. Supervisor Price and Attorney Sacco spoke regarding the above Motion. To ratify the appointment of Jason Colwell as Motor Equipment Operator, effective February 4, 2019. UPCOMING MEETING: Regular Meeting: 3-13-2019 at 7:00pm, in the Windsor Town Hall. PUBLIC COMMENTS: None. ADJOURNMENT: Motion By: Councilman Odell To adjourn the meeting at 8:18pm. Sec. By: Councilman Hawk-Shuler Respectfully Submitted, Lucille Swartz, Windsor Deputy Town Clerk