Minutes

January 27, 2016
Body:

JANUARY 4, 2016

The Organizational 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.

Justice Brian Gross administered the oath of office to newly elected officials prior to calling the meeting to order.

Supervisor Annable appointed F. David Snyder to a one year term to the Town Board.  Councilman Gross resigned as of December 31, 2015 to serve as Town Justice.

Members of the Board present:

Supervisor W. Ross Annable
Councilman F. David Snyder
Joseph Reed
Daniel Hill
Clifford Grant
Attorney Brian Seaman
Hwy /Water Supt Keith Hurtgam
Assessor/CEO Michael Hartman
Attended by Sign in sheet attached
Supervisor Annable called the meeting to order with all present standing for the pledge to the flag.

 
Supervisor Annable read and called for authorization of the following:

RESOLUTION 1-2016

REORGANIZE

MOTION by Councilman Snyder and seconded by Councilman Gross to approve the following appointments:

Assessor ………………………………….  Michael Hartman

Bingo Inspector …………………………..Dennis Bailey

Budget Officer …………………………..  W. Ross Annable

Building and Grounds …………………....Keith Hurtgam

Court Clerk ……………………………….Katherine Hirner

Deputy Hwy Supt ………………………...          Christopher Jenks

Deputy Supervisor ……………………… F. David Snyder

Deputy Water Supt ……………………..   Christopher Jenks

Dog Control Officer ……………………    Joel Winters

Dog Control/ per diem                                Barbara Turrell

Historian ………………………………..    Norman LaJoie

Highway Administrative Assistant ……..  Janet Slack

Records Management Officer …………..   Cynthia Boyler

Registrar Vital Statistics ………………..   Cynthia Boyler

Registrar – Deputy        ………………………    Judith Slabyk

Registrar (sub) …………………………..   Katherine Hirner                                        

Supervisor’s Confidential Sec’ry ……….  Judith Slabyk

Deputy Tax Collector …………………..   Cynthia Boyler

Town Clerk Deputy ……………………..  Judith Slabyk

                                                                    Audrey Jones                

Water Superintendent …………………..   Keith Hurtgam

Water Billing Clerk……………………..    Judith Slabyk

Water Maintenance Clerk……………….   Janet Slack

Sub Town Clerk part-time ………………           Katherine Hirner

Part Time Clerk …………………………   Audrey Jones

CEO/ Zoning ……………………………    Michael Hartman

Ayes:5        Nays:0.

ADOPTED

The Supervisor read the following salaries:

Assessor …………………………………..47804.00

Bingo Inspector …………………………..40.00/MO

Budget Officer ……………………………4875.00     

Building & Grounds …………………….   1755.00

Clerk Part Time …………………………..10.00-21.00/HR

Councilman ………………………………  5661.00      (4)

Court Clerk ……………………………….19.53/HR

Dog Control Officer ………………………7200.00

Dog Control per Diem ……………………20.60/HR

Highway Superintendent ………………….         44580.00

Keith Hurtgam

Highway Supt. (Deputy) ………………….         3536.00

Highway Administrative Asst…………….          43852.00

Historian ………………………………….6534.00

Town Justice ……………………………..  16979.00    (2)

Joanne Sullivan

Brian Gross

Registrar Vital Statistics ………………….          2316.00

Records Management Officer ……………733.00

Supervisor ………………………………..16855.00   

W. Ross Annable

Supervisor’s Confidential Sec’ry …………         20.55/HR

Tax Collector ……………………………...         7789.00     

Katherine Hirner

Town Clerk ………………………………..         44024.00   

Cynthia S. Boyler

Town Clerk Deputy ………………………..        15-21.00/HR

Water Superintendent ……………………..         32583.00

Water Supt. ( Deputy) …………………….         1770.00

Water Billing Clerk……………………….3290.00

Water Maintenance Clerk…………………5579.00

Zoning/Enforcement Officer ……………...11951.00

Typist Part Time ………………………….          10.00-21.00/HR

Following as per union schedule:

M.E.O. ……………………………………24.25/HR

Truck Driver ……………………………...23.45/HR

Auto Mechanic …………………………...24.25/HR

Laborer …………………………………....23.25/HR

MEO P/T ………………………………….  10.00 – 24.25

Auto Mechanic P/T ……………………….  10.00 – 24.25

Truck Driver P/T ………………………….  10.00 – 23.45

Laborer P/T ……………………………….    7.25 – 23.25

 

Chairpersons ……………………………...  50.00/Meeting

Board Members …………………………..45.00/Meeting

Sec’ry of boards ………………………….60.00/Meeting

Board Assessment/ Review ……………...125.00

                                                                   150.00 CH

Summer Rec. Director …………………...  1600.00

                     Asst. Director ……………...1300.00

                      Leader ……………………   1000.00

Election Machine Inspector & Custodian .10.00 Per machine

Equipment Rates ………………………...  set at State Rates

Mileage …………………………………     .57.5 cents/mile

Attorney designated by the Town:             

Seaman & Norris LLP  (185.00 p/h)

Engineer designated by the Town/per Diem basis:    Mark Seider

RESOLUTION 2-2016

MOTION by Councilman Gross, seconded by Councilman Hill to approve the salaries and rates as read.

Ayes:5        Nays: 0

ADOPTED

RESOLUTION 3-2016

MOTION by Councilman Snyder, seconded by Councilman Reed to approve the following:         

Town board meetings ………………    second Thursday of month          

                                                                    7:30 p.m.

Official Newspaper …………………    Lockport Union Sun & Journal

Bank…………………………………     M&T and Bank of Castile                             

Finance Committee …………………    Deputy Supervisor, F. David Snyder

                                                               Two alternating Councilman

Ayes:5        Nays:0

ADOPTED

RESOLUTION 4-2016

MOTION by Councilman Snyder, seconded by Councilman Gross to file Annual report with the State Comptroller March 01, 2016 in lieu of

February 01, 2016 with the Town Clerk.

Ayes:5        Nays:0

ADOPTED

RESOLUTION 5-2016

MOTION by Councilman Reed, seconded by Councilman Gross                to permit Town Officials to attend Association of Towns meeting February 14 -17, 2016 in NYC (limit from each board.)

Ayes:5        Nays:0

ADOPTED

RESOLUTION 6-2016

MOTION by Councilman Hill, seconded by Councilman Snyder to appoint the Town Clerk as delegate to Association of Towns annual business meeting.

Ayes:5        Nays:0

ADOPTED

RESOULTION 7-2016

MOTION by Councilman Reed, seconded by Councilman Grossto appoint  Daniel Seaman , Brian Seaman, Michael Norris and David Haylett as Town Prosecutors.

Ayes:5        Nays:0

ADOPTED

RESOLUTION 8-2016

MOTION by Councilman Snyder, seconded by Councilman Grossauthorizing schooling for Elected and Appointed Officials, Water Superintendent, Code Enforcement Officer, Assessor and Dog Control Officers when school pertains to respective jobs.

Ayes:5        Nays:0

ADOPTED

RESOLUTION 9-2016

MOTION by Councilman Gross, seconded by Councilman Hill to approve the following boards and Chairpersons:

Zoning Board of Appeals

          ( 5 year term)

                                                                    Chairman

Richard Gerou…………… 12/31/2019      reappoint

Steve MacEvoy………….. 12/31/2018     

Clifford Johnston…………12/31/2017     

Margaret Zaepfel………… 12/31/2016     

Margaret Darroch…………12/31/2016      Secretary

Board meets 4th Monday of month

Planning Board

     (5 year term)

Robert Harris…………….12/31/2020                 Chairman  reappoint

James Haight……………. 12/31/2018      

Beverley Snell…………... 12/31/2017      

Merle Snell……………… 12/31/2016

Margaret Darroch ………..12/31/2016      Secretary   

Board meets 3rd Thursday of month

Board of Ethics

Nathan Harris…………….12/31/2020       reapppoint

David Melius……………. 12/31/2019      

Dennis Brown…………….12/31/2018     

Matthew Costello………    12/31/2017     

Paula Dahlke……………. .12/31/2016     

Board of Assessment Review

Harvey Lyndacker…………09/30/2015     reappoint   

Nancy Forness……………..09/30/2017    

Darrin O’Shea……………..09/30/2019    

Patrick Ginavan……………09/30/2016

Susan Grant ………………..09/30/2018   

Ayes:5        Nays:0        ADOPTED

Hartland Recreation Committee

Edwin McKee,      Chairman

Joan McKee

Judy Slabyk

Darin O’Shea

Jan Nichols          Secretary

Board meets first Monday of March – November

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Truck Driver

Scott Arnold

Joseph Woodmancy

Gary Gorrow - PT

MEO

Christopher Jenks

Daniel Class

Michael Hill

Mechanic

Paul Hessel - PT

RESOLUTION 10-2015

PROCUREMENT POLICY

MOTION by Councilman Reed, seconded by Councilman Hill                    that the board has reviewed the Procurement Policy and has found it to be adequate and wishes to renew it.

Ayes:5        Nays:0        ADOPTED

RESOLUTION 11-2015

OFFICIAL UNDERTAKING

MOTION by Councilman Gross, seconded by Councilman Snyder to accept the document entitled “ Town of Hartland Official Undertaking of Municipal Officers” as to its form and manner of execution and the sufficiency of the insurance and further resolved the said Official Undertaking containing the notarized signatures of those named municipal officials be filed in the Office of the Town Clerk, as well as the original copies of the insurance policies indicating the sufficiency of the sureties to indemnify the Town against losses which may arise from failure of such officials to properly discharge their duties.

Ayes: 5       Nays:0        ADOPTED

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RESOLUTION 12-2015

INVESTMENT POLICY

MOTION by Councilman Reed, seconded by Councilman Snyder to adopt the established Investment Policy dated 05/94 for the year 2015.

All accounts are in interest bearing checking accounts, money market accounts.  Idle funds from various accounts are co-mingled and invested in

Certificates of deposit for specified periods of time.  The interest is then credited to the fund from which it was derived.

Ayes:5        Nays:0

ADOPTED

RESOLUTION 13-2015

MOTION by Councilman Snyder, seconded by Councilman Gross to authorize the Highway Superintendent to assist in a demolition at the request of the Fire Chief.

Ayes:5        Nays:0        ADOPTED

RESOLUTION 14-2015

MOTION by Councilman Gross, seconded by Councilman Snyder to authorize the prepayment of utility bill, contracts and postage.

Ayes:5        Nays:0        ADOPTED

RESOLUTION 15-2015

CONTRACTS

MOTION by Councilman Hill, seconded by Councilman Gross             authorizing Supervisor to sign contracts for accounting Linda Greig,  Niagara County Community Action Program and Johnson Creek Senior Citizens.

Ayes:5        Nays:0

ADOPTED

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RESOLUTION 16-2015

AUDIT TOWN BOOKS

Supervisor Ross Annable reported that all town books were audited at 6:30 p.m. this evening and found to be acceptable.

MOTION by Councilman Gross, seconded by Councilman Snyder to adopt the following resolution:

RESOLVED that the criminal and civil dockets of the Town Justice for 2014 having been duly examined with the monthly cash summary being viewed and the fines and fees have been turned over to the proper officials; that the 2014 records of the Code Enforcement Officer, the Town Clerk, the

Tax Collector and the Supervisor have also been duly examined with all monies distributed properly and turned over to the proper officials.

Ayes:5        Nays:0        ADOPTED

RESOLUTION 17-2015

MOTION by Councilman Gross, seconded by Councilman Reed to authorize Department Heads to apply for grants of assistance as able.

Ayes:5        Nays:         0        ADOPTED

RESOLUTION 18-2015

MOTION by Councilman Hill, seconded by Councilman Reed to authorize Judith Slabyk to make banking transfers as needed.

Ayes:5        Nays:0        ADOPTED

Supervisor Annable opened regular business meeting at 7:45   pm, calling for a motion to accept the December 10, 2015 minutes.

Minutes

RESOLUTION 19-2015

MOTION by Councilman Reed, seconded by Councilman Snyder to adopt the minutes of December 10, 2015 as presented.

Ayes:5        Nays:0

ADOPTED

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Abstract of Bills

RESOLUTION 20-2015

MOTION By Councilman Snyder, seconded by Councilman Reed 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                                      – year- 2015

General :                                 

Highway:                                

OWD:                                     

Refuse:                                   

Voucher #’s                                      1-27 – year 2016

General:                                  

Highway:                                

OWD:                                       

Ayes:5        Nays:0        CARRIED                    

WATER REPORT       -        read and filed

HIGHWAY REPORT  -        read and filed

RESOLUTION 21-2015

MOTION by Councilman Snyder, seconded by Councilman Gross to adopt the following agreement:

Pursuant to the provisions of Section 284 of Highway Law, we agree that the moneys levied and collected for the repair and improvement of highways,

and received from the state for the repair and improvement of highways, shall be expended as follows:

The sum of $439,400.00 may be expended for general repairs upon 55.07 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof.

Ayes:5        Nays:0        ADOPTED

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POLICE REPORT       -        read and filed

Chief of Police, Officer Swick presented the 2015 Final Police Report to Board members.

CEO REPORT/ ASSESSOR REPORT   -        read and filed

TOWN CLERK YEAR END REPORT  -         read and filed

HIGHWAY REPORT  -                                     read and filed

Superintendent Hurtgam requested permission to purchase a 2015 Compact Excavator.  It was discussed that a new excavator is needed for the Water Department, as per 5 year plan.  A E55 T4 Bobcat Compact Excavator is offered on State Bid.  Teitsworth Auction service will guarantee the machine cost at the 2016 auction, with possibility of a small profit.  We have the same arrangement with our yearly trade on the Wheel Loaders.  There are 3 package options, (see attachment), or the option to combine all 3.  It was decided that the best option would be to purchase the entire package.

E55 T4 Bobcat Compact Excavator

RESOLUTION 22-2015

MOTION by Councilman Hill, seconded by Councilman Gross to authorize the purchase of a 2015 Bobcat Compact Excavator for $ 78,842.00, State Contract #PC66576, Award # PGB22792.

Ayes:5        Nays:0        CARRIED

Superintendent Hurtgam reported that the low bed trailer is now 31 years old and is not road worthy.  There are currently no State bids for trailers, so he is requesting authorization to go to bid.  The old trailer was purchased in 1984 for $ 24,000.00 and could be sold for $ 10,000.00 to 15,000.00.

Bid for Low Bed Trailer

RESOLUTION 23-2015

MOTION by Councilman Reed, seconded by Councilman Snyder to advertise for bid for a Low Bed Trailer.

Ayes:5        Nays:0        CARRIED

Superintendent Hurtgam requested permission to go to bid, if not on State bid, for a mower and tractor.  The order would not go in until February, with a 6 month wait.

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Bid for Mower and Tractor

RESOLUTION 24-2015

MOTION by Councilman Hill, seconded by Councilman Gross to authorize Superintendent Hurtgam to advertise, if necessary, for bids on a mower and tractor.

Ayes:5        Nays:0        CARRIED

PUBLIC PARTICIPATION     none

OLD BUSINESS         

Supervisor Annable reported on the progress of the Lighting  project with National Grid.  Superintendent Hurtgam has discussed the cost effectiveness with our electrician for the outdoor lighting and both have concluded that the program would benefit the Town.  Supervisor directed Hurtgam to inquire about the indoor lighting.

Supervisor Annable gave an update for the NORA, broadband internet service.  Four companies have submitted proposals so far.  Annable will be meeting with other Supervisors to discuss the next step.

NEW BUSINESS

Supervisor Annable recognized Hartland resident, Jack McQueen, WWII Veteran for his outstanding service.  Mr. McQueen was recently honored by the French government with the Le`gion d’Honneur Chevalier medal at a special ceremony held in New York City.  The medal is given to WWII veterans who fought in France and earned the Bronze Star.  Jack is known for his kindness, humility and compassion, we are honored to call him our friend.

Employee Handbook Update

RESOLUTION 25-2015

MOTION by Supervisor Annable, seconded by Councilman Snyder to approve the following update to the Employee Handbook:

RESOLVED, that the Employee Handbook adopted by the Town Board of the Town of Hartland on October 13, 2011 and amended from time to time thereafter, be and hereby is amended as follows:

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  1. Section 1300-2(A) titled “Eligibility” is amended by repealing said section and adopting the following in its place:

  2. Eligibility – Full-time and part-time employee are eligible for paid vacation leave in accordance with this policy.  A temporary or seasonal employee it not eligible for paid vacation leave but may be allowed to take time off without pay provided the employee has prior approval from the Department Head.

  3. Section 1300 – 2 (B) titled “Allowance” is amended by repealing said section, and adopting the following in its place:

  4. Allowance

  5. Full – time employees – A full –time employee will be credited with paid vacation leave in accordance with the schedule below.  Vacation Leave is based on the average number of hours and employee is normally scheduled to work each week.  An employee may take vacation leave only after it has been credited. The employee will be credited on the anniversary date of employment for the vacation leave earned during the previous year.

After completion Of:

Vacation Leave

One year of continuous

Service:

One week based upon

Average working hours

Two years of continuous service:

Two weeks based upon average working hours

Seven years of continuous service:

Three weeks based upon average working hours

Ten years of continuous service:

Three weeks based upon average working hours plus one day for each year of service after ten years with a maximum of Four weeks

 

  1. Part- time employees.   A. part-time employee shall not be eligible for vacation leave until the completion of one year of continuous service.  Part-time employees will be credited eight (8) hours paid vacation for every two hundred (200) hours worked.  An employee may take vacation leave only after it has been credited.

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    Supervisor Annable addressed the new recycling restrictions.  The Town of Newfane currently allows residents to pay a fee of $5.00 to bring an item to be recycled.  We could offer a similar program here, possibly making one day a month available for residents to drop off electronics.  SunnKing had spoken to the board about setting up a recycling area, the Town would designate a space for collection, SunnKing would place 8 containers.  Once those containers were full, they would collect.  The DEC is working on making changes to legislation which would force recycling companies to take materials.  The Niagara County Supervisors will discuss this further at their next meeting. 

    Association of Towns Resolutions

    RESOLUTION 26-2015

    Supervisor Annable read the Proposed Resolutions for the 2015 Legislative Program from the Association of Towns.  The Resolutions are as follows:

  1. Property Tax Cap;   In order to make the property tax cap work for all New Yorkers, reforms will need to be made, the Town of Hartland calls upon the Governor and state Legislature to fund and/or eliminate state mandates, provide meaningful state aid, reform the real property tax system and address cost drivers in the provision of local government services/operations in order to provide lower property taxes for all New Yorkers.

  2. Tax Freeze Look-Back Period;  The restrictive “look-back” period established by the Division of Budget fails to recognize the substantial and sustained property tax savings associated with existing consolidations and shared service arrangements, now, therefore: The Town of Hartland respectfully requests that the state Division of Budget considers actions taken before January 2012 that continue to demonstrate savings to the taxpayers.

  3. Reform of the Real Property Tax System;  The Town of Hartland calls upon the Governor and the Legislature to define and enact a uniform, well-defined approach to exemption and taxable status date legislation and provide state funding for any state-mandated or –encouraged exemption programs and protect local property tax revenues.

  4. Assessing and Taxing Fiber Optic Cable on Private Property;  The Town of Hartland respectfully requests that the Real Property Tax Law be amended to provide that fiber optic cable on private property is subject to assessment and taxation.

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  5. Strengthen New York Stat’s Partnership with Local Government;  The Town of Hartland calls upon the Governor and the Legislature to enact comprehensive mandate relief legislation that provides  

  6. permanent and full funding of existing and future mandates and requires all legislation to include thorough local fiscal impact notes

    regarding the actual expense of implementing said legislation; and be it further resolve, that The Town of Hartland calls to increase revenue sharing, program funding and technical assistance to localities.

  7. Preserve and Strengthen Home Rule;  The Town of Hartland calls upon the Governor and the Legislature to preserve and strengthen home rule; and be it further resolved, that the Town will strongly oppose any state initiative to weaken or eliminate New York’s long-standing tradition of home rule and local government authority.

  8. Highway, Bridge and Transportation Funding;  The Town of Hartland calls upon the Governor , members of the state Legislature and the Department of Transportation to fully fund and preserve the Dedicated Highway and Bridge Trust Fund for capital infrastructure expenditures and to phase out noncapital expenditures; and be it further resolved,  that The Town of Hartland calls upon the Governor, the state Legislature and the Department of Transportation to maintain CHIPS and increase funding in the 2015-16 State Budget and to provide a stable and sustainable funding stream for local infrastructure; and be it further resolved,  that The Town of Hartland calls upon the Governor and the state Legislature to appropriate a portion of the multi-billion dollar legal settlement funds to provide additional funding for local roads and bridges.

  9. Enact a Multiyear Federal Transportation Program;  The Town of Hartland calls upon the New York Congressional Delegation to adopt a multiyear federal surface transportation bill, which includes:  robust funding for local roads, bridges and transportation projects, including active transportation projects; sufficient funding to ensure that the Federal Highway Trust Fund is fully solvent; funding for off-system bridges; funds set aside for the TAP Program; and the categorical exclusion for smaller projects.

  10. Clean Water Act – Waters of the U. S.;  The Town of Hartland opposes the proposed regulation in its current form; and be it further resolved;  that The Town of Hartland calls upon our members of the New York Congressional Delegation and the EPA and Corps to address concerns expressed by local governments, farmers and

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    businesses  regarding the scope of the proposed regulation and the cost of compliance; and be it further resolved; the Town of Hartland calls upon Governor, state Legislature and the State Department of

    Environmental Conservation not to impose or expand any unfunded mandates regarding the implementation of the final federal regulation.

    MOTION by Councilman Reed, seconded by Councilman Gross to accept the Resolutions proposed by the Association of Towns.

    Ayes:     5        Nays:0        CARRIED 

    Supervisor Annable directed the Town Clerk to certify and forward the resolutions to our State Representatives.

    The Supervisor read the following roster of appointments for the Hartland Volunteer Fire Company, 2015:

    Fire Chief Archie Ames
    1st Assistant Brian Ames
    2nd Assistant James Gush
    3rd Assistant Kimberly Wilson
    President John Roessler
    Vice President Carolyn Myers
    Secretary Brian Ames
    Treasurer Kimberly Wilson
    RESOLUTION 27-2015

    MOTION by Councilman Reed, seconded by Councilman Gross that since there is no further business to come before the board, the meeting be adjourned at 8:45 p.m.

    Ayes:5        Nays:0

    CARRIED                              

    Respectfully submitted,

    Cynthia S. Boyler

    Town Clerk

    Next scheduled regular meeting will be Thursday, February 12, 2015 at 7:30 p.m.