At the regular meeting of the Town Board of the Town of Elmira, Chemung County, New York heldMonday, March 17, 2014at 7:00 PMat 1255 West Water Street, Elmira, NY, there were present:
Supervisor:David Sullivan
Councilmember:Scott Bush
Councilmember:Thomas Milliken
Councilmember:Ronald Allison- Absent
Councilmember:Karen Krusen
Others present
Town Clerk- Jo Ann Sherwood
Attorney- Scott Moore
Assessor- Melanie Van Noy- Absent
Code Enforcement Officer - Chip LeValley
Chief of Police- Peter Michalko
Highway Superintendent- Matthew Mustico
Resolution #66-14
Minutes
By Mr. MillikenSeconded by Mrs. Krusen
Motion was made to accept the minutes of the regular meeting of February 20, 2014.
Aye- Bush, Milliken, Krusen, SullivanNo- None
Resolution #67-14
Transfers
By Mrs. KrusenSeconded by Mr. Bush
Resolved that the following transfers were herewith authorized:
From Line ItemTo Line ItemAmountReason
A1450.10A1450.40$15,970.00Adjust Budget for proper auth.
Aye- Bush, Milliken, Krusen, SullivanNo- None
Resolution #68-14
Financial Report
By Mr. MillikenSeconded by Mrs. Krusen
Motion was made to accept and approve the Supervisors report for the month of February 2014.
Aye- Bush, Milliken, Krusen, SullivanNo- None
Resolution #69-14
Audit of Bills
By Mr. MillikenSeconded by Mrs. Krusen
Resolved that Claims #5739 through #5813 in the total amount of $112,037.39 were audited and approved for payment when in funds.
Aye- Bush, Milliken, Krusen, SullivanNo- None
Department Reports:
Chief Michalko submitted his written report. He reported that his officers attended OSHA training on March 3rd. It has been a busy month as usual.
Highway Superintendent MatthewMustico submitted a tentative list of streets to repair this summer. He said they will probably add Holly Road and the lower part of Stiles Road. Matt stated that Scott Ave., Redfield Dr., Longmeadow Dr., Westmont Ave. and Wesley Place and Chapman Place are the definite roads that will be done. It is still too early to see how the roads held up from winter as there is still frost underground. Matt stated that his highway men have been working on the JCC building and new windows have been installed in the main room. They will be putting in baseboard next. They have painted and removed the sink in kitchen and there will be plenty of inside changes made and they will be buffing the floors. There needs to be drainage work done in the back of the building as well. The roof will be replaced with a metal roof. Matt stated he found a new 42 ft. bucket truck in Oklahoma. The town has received $5,050 for the old bucket truck via auction online. To date we have $20,050 for a new truck.
March 17, 2014 Town BoardPage 2
Code Officer Chip LeValley reported that hespoke with individuals who were interested in two homes that are up for auction by the County. The Decker and Hess properties. He reported that not much has changed with 367 Underwood Ave.; there is still water in the basement. Nothing has changed on the interior. Notices were sent on February 24 to both Orin Greene, the owner and to the lawyers representing Prime Lending, the current mortgage holder. The board recommended that Chip should get an asbestos reading on this home. Chip stated there is still no progress on the property at 74 Ohio Avenue. He reported that the Samonas property on Westmont Avenue now has a realtor taking control of the sale of that property which has been vacant for over thirty years.
Discussion:
Supervisor Sullivan stated that other towns are discussing a possible conflict of interest with Board members or Assessment Review members grieving their own assessment during Grievance Day. They discussed the possibility of having another town assessment board review that particular case. An assessment review board member could have another town review a case if they feel there is a conflict of interest or if a board member has a problem with giving a decision on a fellow board members grievance or other members just don’t feel comfortable reviewing the case.
Highway Superintendent Matt Mustico stated there is a drainage issue on Dr. Uy's property on Forest Hills Drive to Pinewoods Circle. We will check to see if we have drainage easements for this area.
Resolution #70-14
Increase Pool Fees for Season Pass and Resident Daily Pass
By Mr. BushSeconded by Mrs. Krusen
Motion was made to increase the fee for the Resident Season Pass from $15 to $20, the Resident Daily pass fee for children from $1.00 to $1.50 and the Resident Daily pass fee for adults from $1.50 to $2.00 effective 2014 Pool Season.
Aye- Bush, Milliken, Krusen, SullivanNo- None
Resolution #71-14
Approve agreement for professional services with EFP Rotenberg for 2013 Audit of Town Finances
By Mr. MillikenSeconded by Mrs. Krusen
Motion was made to approve the agreement for professional services with EFP Rotenberg for the 2013 Audit of Town Services in the amount of $16,000.
Aye- Bush, Milliken, Krusen, SullivanNo- None
Resolution #72-14
Approve contract with Sue Walton for Concession Stand for 2014
By Mrs. KrusenSeconded by Mr. Bush
Motion was made to approve the following agreement:
IN CONSIDERATION of the mutual promises hereinafter set forth below, the parties hereby agree as follows.
1. The Town hereby grants to Walton the exclusive right to operate the concession stand adjacent to the town swimming pool, from April 1, 2014 until the Town’s swimming pool is closed for the season, subject to the following terms and conditions:
(a)Walton shall pay the Town $500.00 prior to June 1, 2014;
(b)Walton shall supply the Town with a certificate of public liability insurance with the minimum limits of $2,000,000.00, naming the Town as an additional insured;
(c)Walton will obtain necessary approval from the Chemung County Board of Health and perform all required improvements and alterations at her sole expense;
(d)Walton will provide all necessary equipment to operate the concession stand at her sole expense;
(e)Walton may sell food, such as candy, ice cream, snow cones, cotton candy, popsicles, non-alcoholic beverages. Walton may not sell cigarettes, alcoholic beverages, souvenirs and notions, and these prohibited items may not be delivered
to or stored on site;
March 17, 2014 Town BoardPage 3
(f)Walton will maintain the concession stand and surrounding grounds in a sanitary and clean condition at all times and will place garbage in the dumpster providedby the Town.
(g) Walton will pay for all utilities associated with operating the concession stand. Beginning with the May 2014 through the October 2014 billing period (six payment cycles), Walton will be billed on a monthly basis and provide copies of the utility charges. Payment will be made to the Town Clerk within fourteen (14) days of receipt of bill.
(h)Walton will provide to the town an inventory of her equipment to be used in the concession stand. List should include brand name, serial number and age of equipment.
(i)Upon termination of this agreement or retirement by Walton, the Town will be given the first option to buy Walton’s concession equipment.
(j)Operating hours: Specific to the pool season, Walton will open the concession stand between the hours of 12:00 Noon and 7:00 PM daily. Walton may choose to close during low periods of park activity and inclement weather.
2. This Agreement may be canceled at any time by the Town Board of the Town of Elmira for any reason that the Town Board determines is in the best interests of the Town’s residents or patrons of the recreation area, and the Town Board shall have the sole right to determine whether any portion of Walton’s payment hereunder shall be returned to her, in the event of cancellation.
Aye- Bush, Milliken, Krusen, SullivanNo- None
On a motion by Mr. Milliken and seconded by Mrs. Krusen the meeting was adjourned at 7:51 P.M.
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Jo Ann Sherwood, Town Clerk