April 23, 2015
Body:
MARCH 12, 2015
The regular meeting of the Town of Hartland, County of Niagara, State of New York, was held on the above date at the Town Hall, 8942 Ridge Road, Gasport convening at 7:30 p.m.
Members present:
Supervisor Annable called the meeting to order with all present standing for the pledge to the flag.
Public Hearing for Local Law # 1-2015
A Local Law amending the "Licensing, Identification and Control of Dogs"
Date/Time/Place: March 12, 2015 at 7:30 pm at the Hartland Town Hall
Notice of said public hearing was duly published in the Lockport Union Sun & Journal.
Hearing was called to order by Town of Hartland Supervisor, W. Ross Annable, who read the annexed notice of hearing.
Supervisor Annable asked those in attendance if anyone wished to comment on the proposed Local Law.
Michael Evans, who raises and trains hunting dogs, explained that while training his hunting dogs, the dogs will bark as part of their trailing game. The State hunting regulations allow for the training of dogs on private and public properties. Would he be issued a ticket for the continual barking which occurs?
March 12, 2015
Supervisor Annable explained that the Law would deal with situations concerning the ongoing habitual howling and barking that interferes with sleeping and enjoyment of one's home.
With all comments being heard and addressed, Supervisor Annable closed Public Hearing #1 at 7:35 pm
Public Hearing for Local Law #2-2015
A Local Law amending the "Regulations and restrictions applying to ponds"
Date/Time/Place: March 12, 2015 at 7:30 pm at the Hartland Town Hall
Notice of said public hearing was duly published in the Lockport Union Sun & Journal.
Hearing was called to order by Town of Hartland Supervisor, W. Ross Annable who read the annexed notice of hearing.
Supervisor Annable asked those in attendance if anyone wished to comment on the proposed Local Law.
Superintendent Hurtgam asked if there was a procedure to follow when excavating and moving soil. He would like to coordinate the removal with the conditions of the road.
Supervisor Annable agreed and stated that the applicant would need the approval of the Planning Board and CEO. They would consult with Highway before issuing the permit.
With all comments being heard Supervisor Annable closed Public Hearing #2 at 7:40 pm
Public Hearing for Local Law #3-2015
A Local Law adding Section 105-10 "Use of vehicles as storage, parking of unregistered trailers prohibited."
Date/Time/Place: March 12, 2015 at 7:30 pm at the Hartland Town Hall
Notice of said public hearing was duly published in the Lockport Union Sun & Journal.
Hearing was called to order by Town of Hartland Supervisor, W. Ross Annable who read the annexed notice of hearing.
Supervisor Annable asked those in attendance if anyone wished to comment on the proposed Local Law.
Questions about what specifically would fall into the category of storage vehicles? Truck trailers, semi-trailers without wheels and school buses would all fit into the category.
March 12, 2015
With all comments being heard, Supervisor Annable closed Public Hearing #3 at 7:44 pm
Minutes
RESOLUTION 41-2015
MOTION by Councilman Hill, seconded by Councilman Gross to adopt the minutes of the February 12, 2015 meeting as presented.
Ayes: 5 Nays: 0 ADOPTED
Abstract of Bills
RESOLUTION 67-2014
MOTION by Councilman Snyder, seconded by Councilman Reed resolved that the following bills, as prepared by the Clerk and having been reviewed by the Town Board, be authorized for payment in the following amounts:
Ayes: 5 Nays: 0 ADOPTED
Superintendent Hurtgam reported that the crew has been busy with snow removal and broken water pipes. Supervisor Annable extended a thank you and appreciation for the crew's long hours and hard work during this extreme winter.
Two bids were received for advertised One New and Unused 2015 or Newer Model Year Heavy Duty Tractor Mounted Boom Mower. Bids were opened on Friday, March 6, 2015. The lowest bidder, Stephenson Equipment took 35 exceptions to specifications. It was recommended by Superintendent Hurtgam to award the bid to Joe Johnson Equipment as the lowest responsible bidder.
March 12, 2015
Attorney Seaman advised to reject the Stephenson bid as nonresponsive and accept Hurtgam's report, (see attached).
Rejection of Stephenson Bid
RESOLUTION 68-2015
MOTION by Councilman Reed, seconded by Councilman Gross to reject the lowest bidder, Stephenson Equipment, as non-responsive, as per 35 exceptions.
Ayes: 5 Nays: 0 CARRIED
Award of Bid for One New and Unused 2015 or Newer Model Year Heavy Duty Tractor Mounted Boom Mower
RESOLUTION 69-2015
MOTION by Councilman Snyder, seconded by Councilman Gross to accept bid from Joe Johnson Equipment, Inc. in the amount of $ 82,152.00.
Ayes: 5 Nays: 0 CARRIED
Michael Hartman reported that there will be lots of changes regarding the STAR program, new information will be out soon. Hartman recently met with the new Senator, Robb Ortt to discuss changes being made.
Barker Central School District has voted in the Veteran's exemption on all school tax bills.
New York State overruled Inspection Law; the Board of Assessment Review will now rely on the homeowner's opinion of interior condition when contesting new assessments on Grievance Day. Attorney Seaman said that they will work with homeowners and the BAR to allow inspections when deemed necessary.
Hartman reported that the cabins at Becker Farms will be open by June 1, 2015. CEO also reported that the repair business on Quaker Road was now in compliance with the Owner/Operator Local Law.
Hartman, who is on the Legislative Committee along with 2 other Assessors, will be lobbying in Albany concerning the new STAR Legislation.
PUBLIC PARTICIPATION: None
March 12, 2015
OLD BUSINESS:
Vote on Local Law # 1-2015 which amends the "Licensing, Identification and Control of Dogs" which reads:
Said Local Law prohibits persons from allowing dogs to engage in habitual loud howling or barking. Habitual loud howling or baking is defined to mean a dog under the control of a person in Hartland that barks, bays, cries, howls, or makes any other noise for a period of 30 minutes or barks intermittently for one hour or more at any time of day or night. This definition includes an exception for dogs that are making noise in response to a person that is trespassing or threatening to trespass. Said Local Law also limits the number of dogs an owner may possess on real property in the Town of Hartland. The Law limits an owner of real property in the Town to 5 dogs regardless of the number of residents on such premises. For purposes of this law, dogs under 4 months are not counted towards the limit. Further, kennels, pet dealers, and municipal shelters possessing the proper permits and licenses are exempt.
ADOPTION OF LOCAL LAW #1-2015
RESOLUTION 70-2015
MOTION by Councilman Reed, seconded by Councilman Snyder to adopt Local Law #1-2015 - Amendment to "Licensing, Identification and Control of Dogs"
ADOPTED
Vote on Local Law #2-2015 which amends the "Regulations and restrictions applying to ponds"
Said Local Law permits the removal and transfer of earth materials excavated for the construction of ponds which cannot be integrated into the premises of which they were removed. Said law restricts the transfer of these earth materials to locations within the Town of Hartland or within one mile of said pond. Said law requires Planning Board approval before the transfer and prohibits the resale of any excavated earth material.
March 12, 2015
ADOPTION OF LOCAL LAW #2-2015
RESOLUTION 71-2015
MOTION by Councilman Snyder, seconded by Councilman Reed to adopt Local Law #2-2015 - Amendment to the "Regulations and restrictions applying to ponds"
ADOPTED
Vote on Local Law #3-2015 - Adding Section 105-10 "Use of vehicles as storage, parking of unregistered trailers prohibited."
Said Law prohibits the use of trucks, truck bodies, truck trailers, horse trailers, semitrailers, tank trucks, tanker bodies, or similar vehicles or units for any storage purposes unless being used temporarily for construction purposes for periods of less than 90 days or in connection with farming or agriculture operations. Said Local Law also prohibits the parking unless being used for farming or agriculture purposes. Lastly, said Local Law prohibits the parking or keeping of trailers, truck bodies, truck trailers, horse trailers, semitrailers, tank trucks, tanker bodies, or similar vehicles from being kept or stored within 200 feet of a roadway or within 100 feet of a lot line for more than 90 days.
ADOPTION OF LOCAL LAW #3-2015
RESOLUTION 72-2015
MOTION by Councilman Hill, seconded by Councilman Snyder to adopt Local Law # 3-2015- adding Section 105-10 "Use of vehicles as storage, parking of unregistered trailers prohibited."
March 12, 2015
ADOPTED
The Local Laws will become effective immediately upon filing with the Secretary of State.
The complete text of said Local Laws are on file at the Office of the Town Clerk, and are available for review by any interested person during business hours.
Supervisor Annable gave an update to the wind energy presentation by United Wind.
Councilman Reed stated that he was pleased with the attendance at the meeting and the information that was presented.
Councilman Snyder would like to see a plan for the site of land and how to proceed forward with the program.
Audit of the cost to replace and cost savings due to the replacement of LED lighting in the Highway and Town Hall was given. The savings for the Town Hall was projected at $ 2674.00 and the Highway was $3313.00. It was decided to proceed with the replacements.
Lime Energy Audit Program
RESOLUTION 73-2015
MOTION by Councilman Snyder, seconded by Councilman Gross to replace the lighting through Lime Energy.
Ayes: 5 Nays: 0 CARRIED
NEW BUSINESS:
Highway Superintendent Hurtgam announced the dates for the annual tire drop off event. The dates will be Friday, May 15th - 8am until 3 pm and Saturday, May 16th 9 am until noon. The event will be advertised in our newsletter.
Supervisor Annable reported that the 2014 Annual Report for the Town of Hartland has been filed and is open to public inspection.
Adjournment
RESOLUTION 74-2015
MOTION by Councilman, seconded by Councilman Hill that since there is no further business to come before the board, the meeting be adjourned at 8:10 p. m.
March 12, 2015
Ayes: 5 Nays: 0 CARRIED
Respectfully submitted:
Cynthia S. Boyler
Town Clerk
Next scheduled regular meeting will be April 9, 2015 at 7:30 p. m.
MARCH 12, 2015
The regular meeting of the Town of Hartland, County of Niagara, State of New York, was held on the above date at the Town Hall, 8942 Ridge Road, Gasport convening at 7:30 p.m.
Members present:
| Supervisor | W. Ross Annable |
| Councilman | F. David Snyder Daniel Hill Joseph Reed Brian Gross |
| Attorney | Brian Seaman |
| Highway Sup't | Keith Hurtgam |
| Assessor/ CEO | Michael Hartman |
| Attended by | Sign in sheet attached |
Public Hearing for Local Law # 1-2015
A Local Law amending the "Licensing, Identification and Control of Dogs"
Date/Time/Place: March 12, 2015 at 7:30 pm at the Hartland Town Hall
Notice of said public hearing was duly published in the Lockport Union Sun & Journal.
Hearing was called to order by Town of Hartland Supervisor, W. Ross Annable, who read the annexed notice of hearing.
Supervisor Annable asked those in attendance if anyone wished to comment on the proposed Local Law.
Michael Evans, who raises and trains hunting dogs, explained that while training his hunting dogs, the dogs will bark as part of their trailing game. The State hunting regulations allow for the training of dogs on private and public properties. Would he be issued a ticket for the continual barking which occurs?
March 12, 2015
Supervisor Annable explained that the Law would deal with situations concerning the ongoing habitual howling and barking that interferes with sleeping and enjoyment of one's home.
With all comments being heard and addressed, Supervisor Annable closed Public Hearing #1 at 7:35 pm
Public Hearing for Local Law #2-2015
A Local Law amending the "Regulations and restrictions applying to ponds"
Date/Time/Place: March 12, 2015 at 7:30 pm at the Hartland Town Hall
Notice of said public hearing was duly published in the Lockport Union Sun & Journal.
Hearing was called to order by Town of Hartland Supervisor, W. Ross Annable who read the annexed notice of hearing.
Supervisor Annable asked those in attendance if anyone wished to comment on the proposed Local Law.
Superintendent Hurtgam asked if there was a procedure to follow when excavating and moving soil. He would like to coordinate the removal with the conditions of the road.
Supervisor Annable agreed and stated that the applicant would need the approval of the Planning Board and CEO. They would consult with Highway before issuing the permit.
With all comments being heard Supervisor Annable closed Public Hearing #2 at 7:40 pm
Public Hearing for Local Law #3-2015
A Local Law adding Section 105-10 "Use of vehicles as storage, parking of unregistered trailers prohibited."
Date/Time/Place: March 12, 2015 at 7:30 pm at the Hartland Town Hall
Notice of said public hearing was duly published in the Lockport Union Sun & Journal.
Hearing was called to order by Town of Hartland Supervisor, W. Ross Annable who read the annexed notice of hearing.
Supervisor Annable asked those in attendance if anyone wished to comment on the proposed Local Law.
Questions about what specifically would fall into the category of storage vehicles? Truck trailers, semi-trailers without wheels and school buses would all fit into the category.
March 12, 2015
With all comments being heard, Supervisor Annable closed Public Hearing #3 at 7:44 pm
Minutes
RESOLUTION 41-2015
MOTION by Councilman Hill, seconded by Councilman Gross to adopt the minutes of the February 12, 2015 meeting as presented.
Ayes: 5 Nays: 0 ADOPTED
Abstract of Bills
RESOLUTION 67-2014
MOTION by Councilman Snyder, seconded by Councilman Reed resolved that the following bills, as prepared by the Clerk and having been reviewed by the Town Board, be authorized for payment in the following amounts:
| Voucher #'s | 2015000112-2015000190 |
| General | 24556.93 |
| OWD | 82967.00 |
| Highway | 73530.16 |
| Refuse | 18910.18 |
| Fire | 41714.00 |
| HIGHWAY REPORT | Read and filed |
Superintendent Hurtgam reported that the crew has been busy with snow removal and broken water pipes. Supervisor Annable extended a thank you and appreciation for the crew's long hours and hard work during this extreme winter.
Two bids were received for advertised One New and Unused 2015 or Newer Model Year Heavy Duty Tractor Mounted Boom Mower. Bids were opened on Friday, March 6, 2015. The lowest bidder, Stephenson Equipment took 35 exceptions to specifications. It was recommended by Superintendent Hurtgam to award the bid to Joe Johnson Equipment as the lowest responsible bidder.
March 12, 2015
Attorney Seaman advised to reject the Stephenson bid as nonresponsive and accept Hurtgam's report, (see attached).
Rejection of Stephenson Bid
RESOLUTION 68-2015
MOTION by Councilman Reed, seconded by Councilman Gross to reject the lowest bidder, Stephenson Equipment, as non-responsive, as per 35 exceptions.
Ayes: 5 Nays: 0 CARRIED
Award of Bid for One New and Unused 2015 or Newer Model Year Heavy Duty Tractor Mounted Boom Mower
RESOLUTION 69-2015
MOTION by Councilman Snyder, seconded by Councilman Gross to accept bid from Joe Johnson Equipment, Inc. in the amount of $ 82,152.00.
Ayes: 5 Nays: 0 CARRIED
| WATER REPORT | Read and filed |
| ASSESSOR / CEO REPORTS | Read and filed |
Barker Central School District has voted in the Veteran's exemption on all school tax bills.
New York State overruled Inspection Law; the Board of Assessment Review will now rely on the homeowner's opinion of interior condition when contesting new assessments on Grievance Day. Attorney Seaman said that they will work with homeowners and the BAR to allow inspections when deemed necessary.
Hartman reported that the cabins at Becker Farms will be open by June 1, 2015. CEO also reported that the repair business on Quaker Road was now in compliance with the Owner/Operator Local Law.
Hartman, who is on the Legislative Committee along with 2 other Assessors, will be lobbying in Albany concerning the new STAR Legislation.
PUBLIC PARTICIPATION: None
March 12, 2015
OLD BUSINESS:
Vote on Local Law # 1-2015 which amends the "Licensing, Identification and Control of Dogs" which reads:
Said Local Law prohibits persons from allowing dogs to engage in habitual loud howling or barking. Habitual loud howling or baking is defined to mean a dog under the control of a person in Hartland that barks, bays, cries, howls, or makes any other noise for a period of 30 minutes or barks intermittently for one hour or more at any time of day or night. This definition includes an exception for dogs that are making noise in response to a person that is trespassing or threatening to trespass. Said Local Law also limits the number of dogs an owner may possess on real property in the Town of Hartland. The Law limits an owner of real property in the Town to 5 dogs regardless of the number of residents on such premises. For purposes of this law, dogs under 4 months are not counted towards the limit. Further, kennels, pet dealers, and municipal shelters possessing the proper permits and licenses are exempt.
ADOPTION OF LOCAL LAW #1-2015
RESOLUTION 70-2015
MOTION by Councilman Reed, seconded by Councilman Snyder to adopt Local Law #1-2015 - Amendment to "Licensing, Identification and Control of Dogs"
| Annable | aye |
| Snyder | aye |
| Reed | aye |
| Hill | aye |
| Gross | aye |
Vote on Local Law #2-2015 which amends the "Regulations and restrictions applying to ponds"
Said Local Law permits the removal and transfer of earth materials excavated for the construction of ponds which cannot be integrated into the premises of which they were removed. Said law restricts the transfer of these earth materials to locations within the Town of Hartland or within one mile of said pond. Said law requires Planning Board approval before the transfer and prohibits the resale of any excavated earth material.
March 12, 2015
ADOPTION OF LOCAL LAW #2-2015
RESOLUTION 71-2015
MOTION by Councilman Snyder, seconded by Councilman Reed to adopt Local Law #2-2015 - Amendment to the "Regulations and restrictions applying to ponds"
| Annable | aye |
| Snyder | aye |
| Reed | aye |
| Hill | aye |
| Gross | aye |
Vote on Local Law #3-2015 - Adding Section 105-10 "Use of vehicles as storage, parking of unregistered trailers prohibited."
Said Law prohibits the use of trucks, truck bodies, truck trailers, horse trailers, semitrailers, tank trucks, tanker bodies, or similar vehicles or units for any storage purposes unless being used temporarily for construction purposes for periods of less than 90 days or in connection with farming or agriculture operations. Said Local Law also prohibits the parking unless being used for farming or agriculture purposes. Lastly, said Local Law prohibits the parking or keeping of trailers, truck bodies, truck trailers, horse trailers, semitrailers, tank trucks, tanker bodies, or similar vehicles from being kept or stored within 200 feet of a roadway or within 100 feet of a lot line for more than 90 days.
ADOPTION OF LOCAL LAW #3-2015
RESOLUTION 72-2015
MOTION by Councilman Hill, seconded by Councilman Snyder to adopt Local Law # 3-2015- adding Section 105-10 "Use of vehicles as storage, parking of unregistered trailers prohibited."
| Annable | aye |
| Snyder | aye |
| Reed | aye |
| Hill | aye |
| Gross | aye |
ADOPTED
The Local Laws will become effective immediately upon filing with the Secretary of State.
The complete text of said Local Laws are on file at the Office of the Town Clerk, and are available for review by any interested person during business hours.
Supervisor Annable gave an update to the wind energy presentation by United Wind.
Councilman Reed stated that he was pleased with the attendance at the meeting and the information that was presented.
Councilman Snyder would like to see a plan for the site of land and how to proceed forward with the program.
Audit of the cost to replace and cost savings due to the replacement of LED lighting in the Highway and Town Hall was given. The savings for the Town Hall was projected at $ 2674.00 and the Highway was $3313.00. It was decided to proceed with the replacements.
Lime Energy Audit Program
RESOLUTION 73-2015
MOTION by Councilman Snyder, seconded by Councilman Gross to replace the lighting through Lime Energy.
Ayes: 5 Nays: 0 CARRIED
NEW BUSINESS:
Highway Superintendent Hurtgam announced the dates for the annual tire drop off event. The dates will be Friday, May 15th - 8am until 3 pm and Saturday, May 16th 9 am until noon. The event will be advertised in our newsletter.
Supervisor Annable reported that the 2014 Annual Report for the Town of Hartland has been filed and is open to public inspection.
Adjournment
RESOLUTION 74-2015
MOTION by Councilman, seconded by Councilman Hill that since there is no further business to come before the board, the meeting be adjourned at 8:10 p. m.
March 12, 2015
Ayes: 5 Nays: 0 CARRIED
Respectfully submitted:
Cynthia S. Boyler
Town Clerk
Next scheduled regular meeting will be April 9, 2015 at 7:30 p. m.