TB Mtg Oct 4 2011
TOWN BOARD MEETING
COLDENTOWN HALL – October 4, 2011
MEETING CALLED TO ORDER AT 7:08 PM IN MEMORY OR ELEANOR HOFFMAN AND JOHN HOLNBECK.
15 SECONDS OF SILENT PRAYER FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY SUPERVISOR HOFFMAN.
ROLL CALL ALSO PRESENT
PRESENT:Town Justice William Montgomery
Councilman David ArcaraHwy Supt Edward Wochensky
Councilman Gerald PietraszekBldg Insp/Code Enf. John Kotlarsz
Councilman Stephanie CzerniakAsst “ “ “ Gregory Adams
Councilman Patrick MurphyRecreation Dir. Kip Palmateer
Supervisor Annie HoffmanTown Clerk Alice Wangelin
Approximately 31 residents
At the specific request of Councilman Czerniak,the following “Comments” were stated for the Record regarding events at the September 8, 2011, Town Board Meeting.
Special Meeting – Councilman Czerniak said that she would like it known that at a Special Meeting the following conduct of Ex-Supervisor Marilynn Calhoun Allen occurred. She quoted the following:
-During the open meeting, Mrs. Allen began ranting and raving about how the Supervisor could not just go into executive session without disclosing cause.
-During executive session with board members, Supervisor Hoffman, and the Town Attorney, Ron Bennett, Mrs. Allen decided to bang on the door, storm in and begin
screaming at the board saying that the Town Clerk needed to be present to record minutes. At that time the Town Attorney advised ex-supervisor Marilynn Calhoun Allen that it was not necessary. She continued yelling and then slammed the door.
-Need I remind Ex-Supervisor Calhoun Allen that she is no longer the Supervisor and needs to follow proper protocol which she made quite clear she was well versed.
HIPPA Foil Requests - Councilman Czerniak made the following comment for the record in response to the HIPPA situation brought up at the September 8th meeting concerninga foil request. She said that she contacted Robert Freeman, Executive Director of the Freedom of Information Department in Albany and explained to himwhat ex-supervisor, Marilynn Calhoun Allen and Councilman David Arcara were looking for. In short, Mr. Freeman said, “absolutely not”, the information requested, such as thenames of employees eligible for health insurance, the insurance coverage policy for each single, double or family and the cost can be distributed. Anything other than that is considered unwarranted and an invasion of personal privacyunless Town members sign off and give permission for residents and/or people seeking that information. For anyone who does disagree, Councilman Czerniak said that copies would be provided. Mr. Freeman can be contacted at 518-474-2548. She has documentation that proves, under HIPPA, the different relationship between Insurance brokers and the Town.
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COLDENTOWN HALL – October 4, 2011
Quarterly Reports – Councilman Czerniak said it was brought up that quarterly reports
were done in the past by ex-supervisor Marilynn Calhoun. Town Board member, David Arcara was asking for actual year-to-date budget figures. In past practice Towns used
quarterly reports. She said that she contacted the Erie County Comptrollers Office. She was informed that in this day and age most Towns, including ErieCounty, the City of Buffalo and the Town of Amherst do not use quarterly reports, they use Monthly reports. All documentation is available from Councilman Czerniak.
SpecialTown Board Meeting–Councilman Czerniak made a lengthy statement concerning comments that were expressed by ex-Supervisor Marilynn Calhoun Allen regarding the Executive Session of the Special Meeting held recently. She read a lengthy statement regarding the open meeting law. She suggested the Town Board set up a meeting to govern the decorum concerning behavior for future Town Board Meetings.
MINUTES
MOTION made by Supervisor Hoffman, seconded by Councilman Pietraszek and unanimously approved to accept the minutes of the September 8, 2011, Town Board Meeting as presented.
Set Date for Public Hearing for the 2012 Community Development Grant Block Grant
Funds followed by the 2012 Budget Workshop.
MOTION made by Supervisor Hoffman, seconded by Councilman Arcara and unanimously approved to set up the following Public Hearing dates.
Public Hearing for 2012 Community Development Grant Block Grant Funds followed by the 2012 Budget Workshop is set for Monday, October 24, 2011, at 6:00 pm at the Colden Senior Center.
Public Hearing for the 2012 Preliminary Budget is set for Thursday, November 3, 2011, at 7:00 pm at the ColdenTown Hall.
BUILDING COMMITTEE REPORT
Winterizing Park Bathrooms – Councilman Arcara inquired as to the schedule for winterizing the Park Bathrooms.
Highway Superintendent Edward Wochensky advised that the bathrooms will be winterizedin the near future.
INSURANCE COMMITTEE REPORT
No Report
CABLE COMMITTEE REPORT
No Report
HIGHWAY & PARKS COMMITTEE REPORT
Highway Superintendent Edward Wochensky requested a MOTION to close Murray Hill Road for the 2011 – 2012 Winter season.
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COLDENTOWN HALL – October 4, 2011
2011-2012 Seasonal Road Closing for Murray Hill Road
MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to advertize the annual seasonal closing of Murray Hill Road
from house number 8743, the Raymond Krolczyk residence to house number 8462, the
Nelligan residence, will be closed from November 15, 2011 to April 1, 2012.
Purchase of Parts on line from “finditparts.com” – Highway Superintendent Edward Wochensky reported that hewould be purchasing parts from an on-line Truck Parts Company at a savings of approximately $300.00 from this one purchase.
MOTION made by Supervisor Hoffman, seconded by Councilman Arcara and unanimously approved to grant permission to purchase parts on-line not to exceed
$900.00.
Highway Budget Transfer
MOTION made by Councilman Murphy, seconded by Supervisor Hoffman and unanimously approved to transfer the following funds.
From DA5110.4 General Repairs$2,462.00
IntoDA5110.41Fuel$2,462.00
YOUTH & ADULT RECREATION
Recreation Director, Kip Palmateer gave the following report –
-30 participants are registered for archery. The instructors have asked that the program
be limited to 30 to keep the program more manageable.
-The basketball program was cancelled due to lack of interest. Only one child signed up.
-Kip said that if the Town plans to pursue an ice rink in the future, we need to secure a
level piece of ground in which to place the rink. This was one of the obstacles in having
decent ice during the first two attempts. Ideally the ice rink would be located near a
water source and it would be beneficial to have a shelter over the area. Discussion
continued concerning pros and cons for the ice rink
PLANNING COMMITTEE REPORT
No Report
ENVIRONMENT COMMITTEE REPORT
Councilman Pietraszek reported that –
-A tire drop off collection will be conducted on Saturday, October 15, 2011, from 8 am to
12 noon at the Highway Garage. Batteries and electronic equipment will also be
accepted. Prices are as follows: Tires off the rim - $2.00
Tires on the rim - $3.00 Batteries – No charge
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COLDENTOWN HALL – October 4, 2011
COMMUNITY DEVELOPMENT REPORT
No Report
PERSONNEL COMMITTEE REPORT
No Report
SOLID WASTE COMMITTEE REPORT
No Report
NEST REPORT
No Report
LIBRARY COMMITTEE REPORT
No Report
STREET LIGHTING REPORT
No Report
DOG CONTROL OFFICER REPORT
Councilman Czerniak gave the following report for the month of September, 2011
-A total of 8 calls were reported. A list will be filed with the minutes.
-She said that Christa has done an exceptional job in collecting animals.
-The purchase of a new kennel was mentioned to house dogs that are picked up before
they are turned over to the SPCA or adopted out.
-The question was asked if the Highway Garage might be a possible place for dogs
to be temporarily housed? Ed did not think this was a good idea.
-A request for pea size gravel was mentioned. Councilman Czerniak asked Highway
Superintendent, Edward Wochensky if he might be able to help out?
The Town Board did not have a problem with this request. Ed said that he would see
what he could do.
CODE ENFORCEMENT OFFICER REPORT
Report for the month of September, 2011 – Bldg. Insp/Code Enf. Officer John Kotlarsz reported that there were -
15 Building Permits
10 Certificates of Compliance
2 Orders to Remedy Violations
2 Compliants
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COLDENTOWN HALL – October 4, 2011
WATER COMMITTEE REPORT
Councilman Pietraszek gave the following report –
-A pressure problem is still being addressed in the vault at the rear of the Town Hall. The
2” and 8” valves will be replaced. The contractor is working on the problem which
should be resolved this week or next week at the latest. This should eliminate the
low/high pressure problem.
-The Water Department is working on a few outstanding accounts.
-Results of the metal sampling will be mailed out to 5 residents.
CENSUS COMMITTEE REPORT
Councilman Czerniak reported that –
-The Town should be receiving a survey soon from US Dept. of Commerce.
-No official word has been received on the 2010 Census figures.
DIRECTOR OF VETERAN AFFAIRS
POW Flag – Supervisor Hoffman advised that the POW flag should have a pole of its own. Discussion took place as to where to place another flag pole.
Highway Superintendent, Edward Wochensky commented that the American Flag flies along with no other flag on the pole.
No decision yet as to where to place another flag pole.
Memorial Wall – Councilman Pietraszek asked if the names have been added and corrected on the Memorial Wall? Supervisor Hoffman thought there were two more
corrections that still need to be corrected.
SUNKIST HILLS FESTIVAL
Greg Culver gave the following report –
-This year’s festival was definitely better.
-Attendance was better. There were many new faces and vendors. There were a lot of
out-of-town people due to more extensive advertising.
-Sales were decent, but not great for some of the vendors.
-The new location was much better but we need a better parking plan.
-The shuttles worked great. Greg thanked Bill Solak from Emerling for supplying the
vehicles.
-Greg suggests that the committee look into getting a trolley car for next year which he
thought would be more recognizable to the patrons.
-The tent in the Colden Country Inn parking lot worked out very well during the daytime.
There were some parking issues that evening because there was an evening band and the
vendors took up the Town Hall Parking Lot.
-Due to many requests, a Juried Art Show is being discussed for next year.
-Three main areas are being discussed. Food, Crafts, an Art Show and maybe a Jewelry
Show and maybe an area for local vendors.
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COLDENTOWN HALL – October 4, 2011
-Greg stated that the Festival definitely needs more support. He wondered if this event
would be a Town sponsored event or a private event.
-Supervisor Hoffman said that it is not a Town sponsored event but the Town has always
supported the event and helps out wherever possible.
-Greg stated the need for more people to get involved with the Festival. The next
meeting will be October 11th at 7pm at the SeniorCenter. Vendors have been invited to
attend in order to obtain feedback from them.
-Michelle McMahon’s Bike Race was awesome. Weather was great and there were many
participants and a considerable amount of money was raised to benefit Cancer
awareness.
OLD BUSINESS
Hire Engineering Firm to handle the SeniorCenter Renovations – Supervisor Hoffman stated that there were three (3) bids received for this project.
1)E & M Engineering Firm $ 8,975.00
2)TVG A Engineering Firm$12,000.00
3)Nussbaumer & Clark, Inc. $22,150.00
MOTION made by Supervisor Hoffman, seconded by Councilman Arcara and unanimously approved to accept the Engineering quote from E & M Engineering Firm in the amount of $8,975.00 for the Renovation Project at the SeniorCenter.
Caleb Basiliko Farm on South Hill Road – Mr. Basiliko was in attendance at tonight’s meeting explaining that his attorney was in Albany and would be unable to make the meeting. He asked to have this matter postponed until next month when his attorney will
be able to attend the meeting. He said that he is in compliance with all requirements from the DEC and further stated that he has incurred $2,472.00 in expenses due to this matter and will seek reimbursement for these charges. He said that any requests for additional information should put in writing and sent to his attorney.
NEW BUSINESS
Resignation of Pat Hirtzel, Assistant Recreation Director
MOTION made by Supervisor Hoffman, seconded by Councilman Pietraszek to accept the resignation of Pat Hirtzel, Assistant Recreation Director, as stated in her letter. Last day worked will be October 14, 2011.
Plaque for Joe Fitzsimmons – Supervisor Hoffman advised that a sketch for the plaque honoring Joe Fitzsimmons has been received. Estimated cost will be $40.50.
Councilman Arcara asked where the plaque was coming from or who was making it?
Supervisor Hoffman said it was being made by Pat O’Brien.
MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to purchase the above mentioned plaque.
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COLDENTOWN HALL – October 4, 2011
SeniorCenter Basement – Supervisor Hoffman said that she has met with the Boy Scouts recently. They will be cleaning up the SeniorCenterbasement, organizing and constructing shelves tohouse some of the equipment that is presently in the garage.
Representative from Enter Pack – Supervisor Hoffman said that she has had a meeting with a representative from Enter Pack regarding wattage used by light bulbs in each of the Town’s buildings. He recommends replacing light bulbs and ballasts to conserve energy. This recommendation is 70% funded by NYSE & Gas. She asked the Town Board to look into this option at the Town Board Workshop.
RESOLUTIONS
None
BUDGET TRANSFERS
None
TOWN CLERK REPORT
Flu Shots – Flu Shots will be given on Tuesday, October 11, 2011, from 10am to 2 pm at the Town Hall.
Hunting Books – Hunting books have been received and are available at the Town Hall.
SUPERVISOR’S REPORT
No Report
PAY BILLS
MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to pay the following bills.
General Fund Warrant Voucher #2011-364 to #2011-405$20,129.23
Highway Fund Abstract Voucher #2011-123 to #2011-134$18,277.76
Trust & Agency Voucher #2011-12$ 1,141.08
Lighting District Voucher #2011-16$ 320.58
Refuse District Voucher #2011-32$15,563.80
Water District Voucher #2011-45 to #2011-49$ 4,180.54
PRIVILEGE OF THE FLOOR
Richard Sheldon’s response to Supervisor Hoffman’s letter
Richard Sheldon expressed his opinion in regards to statements made by him as a Planning Board member and as a private citizen. He presented a memo to the Town Board regarding his past and present statements pertaining to Political Signs, Right-To-FarmRegulations and Environmental Board members (should be a five (5) member board, not a 3 member board). He mentioned that this board has always been a five (5) member board.
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COLDENTOWN HALL – October 4, 2011
Supervisor Hoffman said that only three (3) people were interested.
Richard Sheldon pointed out that only having three (3) members presents a problem for voting. He said that it would require a unanimous vote of all three members in order to
have a valid vote. It would not be legal for the Environmental Board to vote on a matter with a two (2) to one (1) vote. All three (3) memberspresent would make up a quorum, therefore, all three (3) members must vote positively or negatively to pass or reject something.
Letter sent to Richard Sheldon by Supervisor Hoffmanand his response – Richard said that he is presenting this letter and his response to the Town with his permission for anyone interested to read this letter. He said he has color coordinated the letter (orange for Planning Board items and regular black print for his personal responses). He has
also included a copy of the “Bill of Rights”. He suggested everyone read the 1st Amendment.
Information Request – Marilynn Calhoun Allen stated that she is still waiting for information that she has requested since August 24, 2011, regarding Health Insurance.
She read a statement describing the events that occurred during a last attempt to secure the requested information.
Discussion continued between the Town Board and Marilynn Calhoun Allen regarding
various matters.
Supervisor Hoffman stated that all information that could be given was supplied.
Quarterly Reports – Marilynn Calhoun Allen again requested copies of the quarterly reports.
Supervisor Hoffman advised that she has not been doing quarterly reports and does not intend to produce them. She said she gives the Councilmen monthly reports. She also said that anyone interested may come in and examine the books.
Marilynn Calhoun Allen said that she does not want to come in to look at the books, she wants paper so that she can check things out.
Greg Culver spoke up saying that the time spent on this matter is ridiculous. He thought all of this energy could be put into something that would make this a better place to live.
Councilman Arcara said that a few months ago he asked for reports on year-to-date so that he could see where the Town stands for the budget before paying bills. This got all blown out of proportion. He wondered why he, as a fiscal officer responsible for what is going on in the Town, is required to sign bills not knowing where we stand with the
Budget. Also, with the Health Insurance maybe everyone out there should not know who is on the policy, but maybe the Town Board Members should know because it is our responsibility to know who we are paying for on behalf of the residents.
Linda Antkowiak asked if the Town Board members know this information about Health Care coverage?
Councilman Arcara said – no, we see a dollar amount.
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