Allegany County DPW

Free Tire Recycling Days

Cuba/Friendship Transfer Station -  July 21st

County Landfill/Belmont- August 7th

Bolivar Transfer Station- August 21st

Wellsville Transfer Station- August 28th

Locations will be open from 8:00 a.m. until 3:30 p.m.  An additional employee will be available on each tire recycling day to check permits and direct residents where to recycle tires.

Any questions call 268-7282

Requirements:

• Valid Solid Waste Disposal Permit Tag
• Limit 4 Tires per permit
• 20″ diameter or less
• No Rims

July 12 @ 7:00 p.m.

Town Hall

Sharon Pounds- Secretary/Treasurer
Richburg Rod & Gun Club
Streeter Brook Road
Little Genesee, NY  14754
(585) 928-2837

We will also be accepting donations this Sunday morning, April 18th at the pancake breakfast at the Richburg Rod & Gun Club.  All the monies will then be consolidated and presented to Theresa with a card.

Respectfully,
Jon Reitz
Richburg Rod & Gun Club
Winter Travel League
Wirt Watchdogs

Richburg-Wirt Fire District Audit

“When you throw dirt, you lose ground”  ~ Texan Proverb

This month’s meeting was attended by Trisha Grover (Acting Town Supervisor), Mike Scott, Shawn Dunmire, Dick Kozlowski, Michelle Dunbar, Curt & Sue Rung, Paul Sadler, Theresa Baldwin, Barb Hetzel, Mark & Gayle Dorrett, Jon Reitz, Larry Bedow, John Dunbar, Andy Fisher (George & Swede) and myself.

I have to say Bravo to Trisha Grover!  This was the most organized meeting that I have been to in 3 years.  I would also like to thank the town board for handing out a copy of the abstract to all who attended.  It was a nice change to know where the money is being spent.

Andy Fisher of George & Swede presented the board with a quote for a new 3 1/2 yard wheeled-loader (Hyundai).  The board is looking into leasing the machine at $14 an hour.  The town runs the current loader an average of  600 hours a year.  This would be a cost of $8,400.00 for the year.  This machine will have a full warranty.  This would actually end up being a savings to the town when you figure the costs of a new machine along with the repair costs once the warranty runs out.    This will be considered as the board works on the 2010 budget.

Mr. Rung reported the following:

• Sand/Salt hauling bids were opened

Jim Scott- $5.47
Maybee Enterprises-  $5.22
West Side Sales-  $3.95

• Repairs to Truck 3 & 4 were completed- new torsion bar installed
• All trucks and trailers are inspected
• Ditching was done on Hydetown Road
• Attended a FEMA meeting in Belmont
• Worked on getting bids for new loader

Mr. Rung requested a resolution transferring $3,000 from DA5142.1  to DA5130.4.  This transfer will cover the repair costs for the ‘85 Autocar that was just purchased.

Mr. Sadler reported 6 building permits for a total of $411.90.  He has two dogs in his kennel.  Mr. Sadler also met with the representative from Ag & Markets for his inspection and everything passed.

The board requested Jane check into getting the phones through Time Warner and to see if that would save on the phone bills.

The Code Enforcement Law was passed with the following change:  Page 3- Section 4- Paragraph A- Size of a shed changed to 144 square feet or 12′ x 12′.

Ms. Grover read a letter from Assembly Minority Leader Brian M Kolb asking people to please check out www.reformny.org and sign his petition supporting the Constitution Convention.

The bills paid this month were- General Account:  $2,866.46    Highway Account:  $13,894.74

The Fireman’s Budget Hearing is set for Tuesday, October 20 at 7:30 p.m.

The Town’s Budget Hearing is set for the following Tuesday, October 27 at 6:00 p.m.

Next board meeting is November 9 at 7:00 p.m.~ Hope to see you there!

“Good manners will open doors that the best education cannot” ~ Clarence Thomas

There was not much new at this months meeting.  The meeting for September 14 was canceled due to illness.  In attendance were Dick Howard, Trisha Grover, Shawn Dunmire, Dick Kozlowski, Michelle Dunbar, Curt & Sue Rung, John Dunbar, Jean Howard, Mrs. Kozlowski, Theresa Baldwin, Larry Bedow, John Reitz, and myself.

Curt Rung had the following to report:

• $23,663.21 was received from CHIPS
• They widened the Pangburn Road from the Gas Company to Coles.
• Randy’s truck was repaired again- the torque bars were replaced
• The torque bars on Truck 3 will be replaced this month
• The hauling of the sand and salt were put out for bid
• The board approved a transfer between accounts for $200 for random drug testing

The board approved the Code Enforcement’s report.

Shawn Dunmire read a letter that was received from Invenergy stating that they are not in business with any current town employees.

The assessor’s had the current sales on the board.  I have attached them to the end of this post.

Judge Manners submitted a total of $830 to the State for last month.  The town received a check for $1,042.50 for the last quarter fines.

Jon Reitz inquired if there was a court case coming up for the town over assessments.  The board informed him that there wasn’t and Jane admitted that they do keep some things a secret which led into a very heated discussion.  By the way, there is a Supreme Court case coming up on October 16 that is very public knowledge at the County Clerks office if you are interested.  If this suit is won against the total assessed value for the town could take a huge hit which ends up falling on the rest of us.

Current Sales 9/21/09

“I am a firm believer in the people.  If given the truth, they can be depended upon to meet any national crisis.  The great point is to bring them the real facts.”  ~unknown

First I would like to apologize for being late with this post.  This was a very peculiar meeting that you needed to be present to even believe.  (There was a lawn mower in the room at one point)

The meeting started at 6:00 p.m. with a public hearing on the proposed Local Law #2 (Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code).  This matter was tabled until the September 14th meeting.  This meeting will begin at 6:30 p.m. for anyone wishing to comment on this new law and will also give certain board members to spend more time analyzing the proposed law.  Please be sure to read this and weigh in with your thoughts.

Curt Rung gave his report here are some highlights from it:

• Changed crossover pipe on Pleasant Valley by County Route 8
• Received $319.20 from scrap
• Cleaned up after the storm

The Justice report showed a check for $430 (give or take) was sent to the state.  The state will reimburse the town our share.

The Code Enforcement Officer issued four building permits for a total of $883.60.

Assessors report was that she is still filing and that she turned a disk into Belmont.

Jon Reitz spoke to the board about Invenergy, a windmill company that would like to come and do a presentation for the town.  This presentation is set up for August 31 at 7:30 p.m. at the Town Hall.  Mr. Jay Schoenberger from Rockville, MD will present all the information to us.   The public needs to turn out for this meeting and have your questions ready for Mr. Schoenberger.  Once again Mr. Kozlowski did not want us the public to attend this upcoming meeting and he had to be reminded that the board is not the one that set up the meeting.  Mr. Reitz was able to set this up for us and we should thank him the next time you see him.

At the end of the meeting a petition was delivered to the Board with over 47 signatures  requesting the board require a report from the assessors office.  The board saw no problem with this and Alice will present a report to the board from now on.

The next meeting is September 14 at 6:30.  Hope to see you there.

In closing I am posting the rules for executive sessions since this board meeting was adjourned with an illegal Executive Session.

§ 4-6. Executive sessions.
A.    Defined. Public Officers Law § 102(3) defines “executive session” to mean a portion of an open meeting during which the public may be excluded.

B.    Procedure. The town board must strictly comply with the statutory procedure in order to call a valid executive session. [Daily Gazette Co. v. Town of Cobleskill, 111 Misc.2d 303 (Sup. Ct. Schoharie Co. 1981)] The procedure to call an executive session is set forth in Public Officers Law § 105(1). It requires a town board member to make a motion to enter into executive session, which motion must be approved by a majority of the entire town board.

C.    Items which can be discussed. The courts have held that the town board motion to enter into executive session must identify with “particularity” the subject to be discussed. As one court stated: “It is insufficient to merely regurgitate the statutory language; to wit, ‘discussions regarding proposed, pending or current litigation.’ This boilerplate recitation does not comply with the intent of the statute.” [Daily Gazette Co., Inc. v. Town of Cobleskill, 111 Misc.2d 303 (Sup. Ct. Schoharie Co. (1981)] Only the following matters specified in Public Officers Law § 105 may be discussed and acted upon in an executive session:

(1)    A matter which will imperil the public safety if it is disclosed;

(2)    A matter which may disclose the identity of a law enforcement agent or informer;

(3)    Information with respect to investigation or prosecution of a criminal offense which would jeopardize effective law enforcement if disclosed;

(4)    Discussions relating to proposed, pending or current litigation;

(5)    Matters relating to collective negotiations under the Taylor Law;

(6)    Medical, financial, credit or employment history of a particular person or corporation, or relating to appointment, promotion, demotion, discipline or removal;

(7)    Preparation, grading or administration of examinations;

(8)    Acquisition, lease or sale of real property or securities when publicity would substantially affect the value.

D.    Personnel matters or litigation. Executive sessions are most frequently used to discuss personnel matters or litigation.

(1)    First, Public Officers Law § 105(1)(f) authorizes the town board to enter into executive session to discuss what is commonly referred to as “personnel matters.” The statutory language, however, does not include the word “personnel.” The actual statutory language (as noted above) reads as follows: “the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.” The Committee on Open Government (the state agency that oversees the Open Meetings Law) has offered the following comments regarding the proper language to use when entering into executive session to discuss personnel matters:

Due to the presence of the term ‘particular’ in § 105(1)(f), it has been advised that a motion describing the subject to be discussed as ‘personnel’ or as a ’specific personnel matter’ is inadequate, and that the motion should be based upon the specific language of § 105(1)(f). For instance, a proper motion might be: ‘I move to enter into an executive session to discuss the employment history of a particular person (or persons).’ Such a motion would not [in the Committee's opinion] have to identify the person or persons who may be the subject of the discussion. (Comm. on Open Govt. OML AO-2444, 1995)

(2)    Second, Public Officers Law § 105(1)(d) authorizes the town board to enter into executive session for the purposes of discussing “proposed, pending or current litigation.” In construing this language, one court stated that the purpose of Paragraph (d) is “to enable a public body to discuss pending litigation privately, without baring its strategy to its adversary through mandatory public meetings.” [Mtr of Concerned Citizens to Review Jefferson Val. Mall v. Town Board of Town of Yorktown, 83 A.D.2d 612, 613 (2d Dept. 1981)] The belief of the town’s attorney that a decision adverse to petitioner “would almost certainly lead to litigation” does not justify the conducting of this public business in an executive session. [Weatherwax v. Town of Stony Point, 97 A.D.2d 840 (2d Dept. 1983)] To validly convene an executive session to discuss “proposed, pending or current” litigation, the town board motion must “identify with particularity the pending, proposed or current litigation to be discussed during the executive session.” [Daily Gazette Co. Inc. v. Town of Cobleskill, 111 Misc.2d 303 (Sup. Ct. Schoharie Co. (1981)] Therefore, the town board may discuss litigation strategy behind closed doors but not issues that may only have the potential to lead to litigation.

E.    Minutes.

(1)    Summary minutes must be made of any final determination taken by formal vote, including the date and the vote thereon; however, such summary should not include any matter which is not required to be made public under the Freedom of Information Law. Such summary minutes shall be available to the public within one week from the date of the executive session.

(2)    If no formal action was taken in an executive session, as is often the case, then no executive session minutes need be taken. For example, if the session consisted of a discussion of a personnel matter, but no final action or determination was agreed to or made, then no minutes are required. There would, of course, be minutes of the open meeting at which the motion and vote to go into the executive session was made.

F.    Public monies. Public monies cannot be appropriated by formal vote in an executive session.

G.    Attendance. The Open Meetings Law provides that attendance at executive sessions must be permitted to any member of “the public body” (that is, the town board members) and any other persons authorized by such body. Therefore, opinions of the State Comptroller (78-254 and 78-462) have concluded that it is clear that the town clerk has no right to attend such sessions but that the town board may, in its discretion, allow the clerk to attend. If the clerk is not allowed to attend, someone should be designated to take any necessary minutes.

In attendance at this months  meeting was Dick Howard, Mike Scott, Shawn Dunmire, Trisha Grover, Dick Kozlowski, Curt & Sue Rung, Alice Dunbar, Laura Manners, Larry Bedow, Jon Reitz, Theresa Baldwin, Paul Sadler, Jean Howard, Gary and myself.

Jon Reitz questioned the board the cost of this engineering study for the windmills.  Mike Scott explained the only cost is the initial cost to the lawyer.  The engineering company makes their money off from the windmill companies.

Curt Rung gave his Superintendent’s Report.  In addition to his written report he also reported that he had received a call from Chad Bugman questioning him about a road off from the Wells Road by Leonard Morseman’s.  Mr. Bugman was questioning if this road was legally closed if not he is looking at the town to reopen this road.

Curt’s written report was:

• The majority of the roads have been graded
• Ditched & graded shoulders on Pleasant Valley and some on Allentown Road
• Ditched on Monahan & Hydetown Road, Burdick, Emerson, Hicks
• Replaced crossover on Hicks Hill
• New crossover on Johnson Road by Herzogs
• Towns  Scio, Wellsville and Alma worked with the town to place a leveling course of blacktop on part of Harlen Ames Road.
• Mowed east side of town will complete the rest in July.
• Received a CHIPS check for $35,029.88

Laura Manners gave her Justice report to the Board.  She explained to the board what she can get from her grants that she applies for.  All items on the grant are only applicable for the Courtroom not the Town Hall.  She can apply for such items as, chairs, file cabinets, calculators, desks, bookcases, conference tables and improvements in the courtroom.  Laura explained to the board that she has applied for these things in the past and has received grants for them.  This year she is applying for new carpet and a security system.

Laura also explained to the Board that her position with the Village is up as of March 31.  She went on to explain to the Board that his will be a good thing for the town as the revenue from fines for the Village are a great deal more than they are for the town.

Dick Howard announced the following announcements:

• Reminder for the Public Hearings on Windmills- July 21 @ 6:00 p.m.- Town Hall, Main Street  (This is for Public Comments)
• District III Legislative Meeting at the Independence Town Hall on July 28th @ 7:00 p.m. (This is open to the Public)

Jane was appointed the Registrar of Vital Statistics.  This is one of the items that should have been done in January and was not.  The Board Dick & Jane decided to wait until they received a notice from the state saying it was expired.

The Board approved the 6-year plan for reassessments.  If you would like a copy of the 6-year report Alice would be happy to give you one.

There was discussion on open positions for John and Randy’s positions.  It is hard to complete the schooling for Assessors.  The majority of classes can be completed online though you do have to travel to Batavia for the test portions however; a couple  of the classes are week long events and if you have a full time job it’s hard.  At the moment we still have 3 assessors but this may be changing soon.  If John and Randy do resign the board will have to appoint assessors (if they can find anyone to do it).  It was mentioned going to an appointed assessor, only having one assessor.  This would have to go to a public vote.

Jon Reitz questioned why everyone gives a report to the board except the Assessor.  If Curt, Laura or Paul do not have a report one month the Board is questioning why they don’t.  They though in turn include the previous months information onto the current.  Alice stated to Jon the she doesn’t have to give a report.  The town board can make this a requirement though and I believe that they request one every month.  It was explained by Gary Dorrett, Teresa Baldwin and Jon Rietz that it is good practice to provide a report so that the tax payers do know what is going on.  There would way fewer complaints if these reports were given.  I guess in the meantime we can assume our assessors are not doing anything.

Paul Sadler gave his report to the Board.  There were 5 building permits issued.  Paul asked the board to set a Public Hearing for the Local Law #2 Providing for the Administration and Enforcement of the New York State Uniform Prevention and Building Code.  The Public Hearing was set for Monday, August 10 @ 6 p.m.  This is prior to the regular board meeting.