9-12-2007 – REGULAR TOWN BOARD MEETING
Present:
Councilman Ann M. Bean
Councilman Matthew L. Mumbach
Councilman Heather M. Phelps
Supervisor Kathleen M. Balus
Absent:
Councilman Carla M. Fuller
Also Present:
Attorney for the Town Anthony DiFilippo, III
Town Clerk Betsy A. Marsh
approx. 30 guests
The Sardinia Town Board held its regularly scheduled Board meeting for September on September 12, 2007 at the
Sardinia Town Hall/Community Center. Supervisor Balus called the meeting to order at 7:35 PM, with a moment of
silence, asking for all to remember our servicemen and women fighting for our freedoms, and the Pledge to the Flag. She
also stated that 5 Sardinia residents have passed away since the last meeting, and asked for everyone to think of their
families, also, as well as for injured Buffalo Bills player #84, Kevin Everett.
The Town Clerk has submitted the minutes of the August 8, 2007 Regular Town Board meeting, which were approved
and filed on a motion by Phelps, seconded by Bean, and carried, 4ayes, 1 absent, 0 noes. [Though the motion and
second was done at this point of the meeting, the vote was actually called for near the end of the meeting.]
Councilman Mumbach asked that a couple of items be added to the agenda. He stated the first item was a discussion on
a resolution adopted by several other Towns and sent to Sardinia, concerning the State’s proposed renewal and revision
of Article X of the Public Service Law that would in include the siting of windmills, regardless of what the Towns say. The
Supervisor stated she was not familiar with the resolution and was not prepared for taking action on it. Councilman
Mumbach stated that the resolution tells the State that the Town is not in favor of them siting windmills, and that the Town
wants to keep Home Rule. On a motion by Mumbach, seconded by Bean, the discussion of the resolution concerning
Article X was added to the agenda. Carried, Bean, Mumbach, and Phelps voting aye, Fuller, absent, and Balus voting no.
The item was added as Item F. under New Business. The second item Councilman Mumbach wanted to add was a
resolution requesting “Read – Only” access to the Town’s financial records on the Supervisor’s computer. On a motion by
Mumbach, seconded by Phelps, that item was added to the agenda. Carried, Bean, Mumbach, and Phelps voting aye,
Fuller, absent, and Balus voting no. That item was added as Item G. under New Business. Councilman Phelps asked
that a Public hearing be scheduled on the proposed Right To Farm Law. Upon discussion, it was determined that a
Public Hearing would be scheduled on that legislation on October 10, 2007, at 6:45 PM, and at 7:00 PM, a Public Hearing
on the Community Development Block Grant Program would be held.
The Supervisor gave her report for August, 2007, which included:
Judy Tobin made presentation of the check for this month’s Community Cause, which was the Tiny Tots
Recreation Program. Tiny Tots attendant Crystal Killingbeck accepted a check in the amount of $255.00 for that
program. Mrs. Tobin informed that tonight’s Community Cause is the Ecumenical Food Pantry at the Chaffee
Baptist Church.
Supervisor Balus reported that the Labor Day in the Park event went well, and the dedication of the Veterans
Memorial gazebo was a beautiful and moving service.
In Committee reports, Councilman Mumbach reported that, following the Board’s receipt of a petition asking for a Sardinia
curfew law, he had obtained a copy of the Village of Arcade’s curfew legislation. He stated he has spoken to Village
Police Chief John Laird, who stated that the law works well for Arcade. Mr. Mumbach stated that the biggest draw back is
that the Town does not have a police force. He invited Board members to review Arcade’s legislation and comment. He
stated he does not like to pass laws that cannot be enforced, and feels that the problem perhaps could be handled with
better security. Mr. Mumbach stated that Todd Catalano of the Chaffee-Sardinia Fire Company has written concerning
the possible use of a room at the Town Hall/Community Center for the establishment of an Emergency Operations Center
(E.O.C.). Mr. Mumbach stated that the building is the obvious choice due the generator, and stated that perhaps Ron
Kenyon as Disaster Coordinator could get budget figures together for inclusion in the 2008 Town Budget. Councilman
Mumbach stated that the Supervisor’s secretary forwarded him information concerning the State Labor Department’s
inspection of the Town Hall/Community Center, where it was noted that a boiler inspection was overdue. He stated he
then contacted Eric Slocum, who gave him the name of the boiler insurance company, Hartford Steam Boiler, and Mr.
Mumbach then contacted that company, who will be contacting the Clerk’s office for an appointment to do the necessary
inspection. The Supervisor noted that she has also contacted the Town’s insurance carrier concerning coverage for the
new gazebo. Mr. Mumbach reported that he has been in contact with the PRO radio group concerning the Old Town Hall
usage. He stated they use the building once a month, and have equipment housed there, including an antenna in the
attic. His suggestion was to move them away from that building and try to find them space at the Community Center.
The possibility of incorporating their operations with the EOC space was discussed. Councilman Mumbach stated that he
and Councilman Fuller are scheduled to do a walk-through of the Old Town Hall with the Historical Society later this
month, and he will look at the extent of the equipment, and determine how much space they would need, and then get in
touch with Mr. Kenyon or someone with the Fire Department. Concerning the Parks and Recreation Committee,
Supervisor Balus noted that at Veterans Park, under the playground was framed and the plastic removed, and the work
has been completed. Councilman Phelps stated that the Tiny Tots Program began yesterday, with 9 three year olds, and
9 four year olds. She stated that the Universal Pre-K program took attendance away from the four year old group. Ms.
Phelps stated that the Tiny Tots attendants are asking that the wall behind the water fountain be painted, and that the
baby swings on the playground be lowered for ease of getting the children in and out. She also reported that the Friday
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Night Recreation program will begin on November 9 with the understanding that if there is any trouble, the program will
be cancelled immediately. She stated the Youth Committee is currently accepting applications for Friday Night Recreation
attendants, as well as a director. Councilman Phelps reported that the youth Committee also discussed the possibility of
a full time Parks person, and went over budget estimates, and included the Parks person in those estimates. The
Supervisor stated that in Senior programs, there is a vote coming up later in the meeting concerning a Senior Citizens trip,
but Councilman Fuller is not on hand to report on anything more. In Environmental, Councilman Mumbach stated he has
spoken to Peter Gorton of Panamerican Environmental concerning well sampling, and Mr. Gorton states that they will be
conducting the sampling within the next 2 weeks. Lastly, Mr. Mumbach reported that there will be a Hazardous
Household Waste Drop-off Day at Waste Management on Saturday, September 29, 2007, from 8:00 AM until noon.
Concerning the Fire Company’s project to have the Town erect uniform house numbering signs, Supervisor Balus stated
they are not ready to present anything, but want to review the legality of making people erect these signs. Councilman
Bean asked if the Fire Company has been approved for 501 c3 status by the IRS as of yet, and the Supervisor stated she
did not know. Councilman Mumbach asked if anything further has been done on the Length of Service Awards Program
(LOSAP), and the Supervisor stated that there has been nothing further. As Liaison to the Veterans, Supervisor Balus
thanked all of the volunteers who helped put up the Veterans Memorial gazebo in the Park, and especially the members
of Sardinia American Legion Post #1131. Councilman Mumbach stated that he has received a letter from Waste
Management stating that the Co-Gen Plant has now gone on line, and the Town will be receiving an extra $.05 per ton on
a monthly basis, per the Host/Municipality agreement.
Attorney for the Town Anthony DiFilippo, III, gave a report of legal issues affecting the Town. He first asked about the
bid opening for the pool resurfacing for which he had prepared the contacts, and Supervisor Balus stated she was not
aware of it, but it could be added to the agenda under New Business. Mr. DiFilippo stated there are two cases of
litigation still open, one involving the Waste Management Co-Generation Plant, and the Article 78 commenced against
the adoption of Local Law #1 of 2007. He stated that arguments on the Co-Gen. plant matter were scheduled for
tomorrow, but due to the inter-involvement with the challenge of the Local Law, Judge Michalek has put it off until
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October 2 . The Concerned Citizens have filed an appeal against the dismissal of their Landfill Expansion suit, and
have 9 months to perfect that appeal. The Attorney stated that the Concerned Citizens haven also filed an appeal
against Judge Dillon’s dismissal of their suit against the adoption of the Town’s Zoning Ordinance, and that appeal is
scheduled for argument in the Appellate Division sometime in January 2008. He stated that the other outstanding
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litigation still involves Gernatt Asphalt and the onsite inspection of their Gabel/Thomas site on October 25 by Judge
Howe. Mr. DiFilippo suggested that because of that case, coupled with the Gernatt application to the ZBA for a Use
Variance, the Board go into an Executive Session. It was decided to move into the Executive Session at the
completion of the legal report. Attorney DiFilippo stated that Councilman Mumbach had contacted him to research
Section 63 of the Town Law concerning procedure at Town Board meetings. He stated that this grew out of comments
made at last month’s meeting when the Deputy Supervisor stated that the Privilege of the Floor would be continued
because it was on the agenda and he was in charge of the meeting. Mr. DiFilippo stated that as per Section 63, the
Town Board always has the authority to amend the agenda and the rules of procedure of the meetings. He stated that
Councilman Fuller had asked him to research another item, this being the procedure for applying Town funds,
received through the proceeds of a Host/Municipal agreement, toward the County tax bills for Town residents. Mr.
DiFilippo stated he has reported to Ms. Fuller that it appears from preliminary research that such funds cannot be
applied only to residents, but must be applied to each tax bill. He stated that Councilman Fuller then asked about the
possibility of some kind of Homestead Exemption, and Mr. DiFilippo stated he will continue to research, but it appears
that the State Legislature must take action to create such an exemption. He stated he would look into the matter
further. The Attorney stated he has copied the Board on all correspondence, and forwarded on an invoice for the
services of Mr. Schultz. Councilman Mumbach asked if there was any follow-up on the letter from the attorneys for
Manfred Koch regarding storm water run-off that was received at last month’s meeting. Mr. DiFilippo stated that there
was no accusation against the Town, and stated he felt it should be forwarded up to the Code Enforcement
Department. The Clerk stated that the Planning Board had discussed it at their last meeting, and she stated she
believes she gave a copy to the CEO right away upon receipt. There being nothing further in the legal report, on a
motion by Phelps, seconded by Beans, the Board moved into Executive Session at 8:15 PM to discuss litigation
matters. Carried, Bean, Mumbach, Phelps, and Balus voting aye, and Fuller absent. The Board returned to Regular
session at 8:45 PM.
The Town Clerk's read her financial report for the month of August 2007, and Code Enforcement Officer Marvin Zielonka
has also submitted a report of Building Department activities for the month.
The Planning Board has submitted the minutes of its August 7, 2007 meeting, which were approved on a motion by
Phelps, seconded by Bean, and carried, 4 ayes, 1 absent, 0 noes.
After review by the Board members, on a motion by Bean, seconded by Phelps, General Fund Warrant #9, including
vouchers #394 through #459, and totaling $23,741.41; and Highway Fund Abstract #9, including vouchers #96 through
#111, and totaling $42,512.59, were approved for payment, carried, 4 ayes, 1 absent, 0 noes.
Under Unfinished Business, the Supervisor made a motion that the Board add to the agenda a resolution regarding
matters discussed in Executive Session. The motion was seconded by Phelps, and carried, 4 ayes, 1 absent, 0 noes.
The Supervisor then introduced the following resolution, to be known as Resolution #49 of 2007, which was then
seconded by Phelps:
RESOLUTION #49 - 2007
WHEREAS the Town Board, at its annual organizational meetings, including the one held in January, 2007,
has retained Mr. Anthony DiFilippo, III, Esq., as attorney for the Town of Sardinia, and
WHEREAS the Town has, similarly, hired Mr. David J. Seeger, Esq., as Special Counsel on select matters,
and
WHEREAS the Town Board, at an Executive Session conducted at the Town Board’s regular monthly meeting
held on June 13, 2007, authorized and directed Mr. DiFilippo, with such assistance from Mr. Seeger and licensed real
estate appraiser Howard P. Schultz, as Mr. DiFilippo saw fit, to critique the Gernatt Asphalt Products, Inc. application
for a use variance and to appear before the Zoning Board of Appeals and speak on behalf of the Town Board, and
WHEREAS the Town Board authorized payment to Mr. Schultz’s invoice at its July, 2007 regular monthly
Board meeting, NOW THEREFORE BE IT
RESOLVED that the Town Board authorizes and ratifies the aforesaid legal representation (and expert
appraiser evaluation) and authorizes Mr. DiFilippo, with such continuing assistance from Mr. Schultz and Mr. Seeger
as Mr. DiFilippo deems reasonably necessary, to continue such representation at all administrative proceedings before
the Zoning Board of Appeals pertaining to Gernatt Asphalt Products, Inc.’s use variance application, without need for
further authorization.
Upon roll call vote, Bean, aye, Fuller, absent, Mumbach, abstained, Phelps, aye, Balus, aye. So Resolved: 3 ayes, 1
abstention, 1 absent. Mr. Mumbach qualified his vote by stating that he agreed with paragraph 1 and 2, was not clear
on certain items in paragraph 3, agreed with paragraph 4, and was not clear on certain items in paragraph 5, therefore
his abstention.
Attorney DiFilippo stated that at last night’s ZBA meeting, after questions from the ZBA, both he and Attorney Seeger
felt that the Town should have Mr. Howard Schultz do a full-blown appraisal, and asked the ZBA for more time in order
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to do so. He stated they had asked for 3 weeks, but the ZBA wanted it by September 21 . Mr. DiFilippo stated he
would like to have authorization to have Mr. Schultz do a full-blown appraisal, and if Mr. Schultz is unavailable to do
such appraisal, he would like authorization to find someone else duly qualified to do one. On a motion by Balus,
seconded by Bean, the Board authorized Attorney Anthony DiFilippo, III to retain and to use a duly qualified appraiser,
as he deems appropriate, and to file such appraisal with the Zoning Board of Appeals. Upon roll call vote, Bean, aye,
Phelps, aye, Fuller, absent, and Mumbach abstained, stating it is a matter before the ZBA and he feels that this Board
should take a hands-off approach and put its confidence and support behind the Zoning Board of Appeals. Supervisor
Balus stated she also feels that the ZBA is more than adequate and capable and competent to make a decision, but
that they need to be presented with the most accurate and precise information to be able to make the very important
decision they are face with, and she then voted aye. Motion carried, 3 ayes, 1 absent, 1 abstention.
Supervisor Balus stated that concerning proposed Local Law #2 of 2007 concerning Unsafe Buildings, the 239 m
notification to the County has been returned with a “no recommendation”. Attorney DiFilippo stated that the Town
Board must now take action on the proposed Short Form Environmental Assessment Form, which Mr. DiFilippo
prepared and submitted to the Board. He stated that upon review, if the Board agrees with that EAF, they may now
take action on it. The following resolution, to be known as Resolution #50 of 2007, was then introduced by Phelps,
seconded by Bean:
RESOLUTION #50 – 2007
BE IT RESOLVED, the Town Board hereby approves the short form EAF of proposed Local Law #2 of 2007,
concerning Unsafe Buildings in the Town, which was prepared and submitted by Attorney for the Town Anthony
DiFilippo, III, and hereby declares a Declaration of Negative Environmental Impact, and authorizes the Supervisor and
the Attorney for the Town to sign the form.
Upon roll call vote: Bean, aye, Fuller, absent, Mumbach, aye, Phelps, aye, Balus, aye. So Resolved.
Attorney DiFilippo stated that, having had a Public Hearing earlier this evening and there having been no Public
comment, having completed the required SEQR review of the proposed legislation, the Board is now in a position to
adopt the Local Law. Supervisor Balus stated that this legislation is long over due and there are buildings in this Town
that need to come down, and introduced the following resolution, to be known as Resolution #51 of 2007, which was
seconded by Mumbach:
RESOLUTION #51 – 2007
RESOLVED, the Sardinia Town Board hereby adopts proposed Local Law #2 of 2007, a Local Law of the
Town of Sardinia pertaining to unsafe buildings.
Upon roll call vote: Bean, aye, Fuller, absent, Mumbach, aye, Phelps, aye, Balus, aye. So Resolved, 4 ayes, 1
absent, 0 noes.
Under New Business, Councilman Phelps has requested a resolution replacing Rosemary Plewa’s position as Tiny
Tots Instructor with Laura Marshall as a full time instructor for that program. The following resolution, to be known as
Resolution #52 of 2007, was then introduced by Phelps, seconded by Bean:
RESOLUTION #52 – 2007
BE IT RESOLVED, that Laura Marshall be hereby appointed as full time Tiny Tots Attendant, to replace
Rosemary Plewa, at an hourly rate of $7.50.
Upon roll call vote: Bean, aye, Fuller, absent, Mumbach, aye, Phelps, aye, Balus, aye. So Resolved, 4 ayes, 1
absent, 0 noes.
The Supervisor stated that the State mandated 6-year term of Sole Assessor for the Town, currently held by Thelma
Hornberger, will expire as of September 30, 2007. The following resolution, to be known as Resolution #53 of 2007,
was then introduced by Mumbach, seconded by Phelps:
RESOLUTION #53 – 2007
RESOLVED, the Sardinia Town Board hereby re-appoints Thelma Hornberger as Sole Assessor for the Town
of Sardinia for a 6-year term, to expire September 30, 2013.
Upon roll call vote: Bean, aye, Fuller, absent, Mumbach, aye, Phelps, aye, Balus, aye. So Resolved, 4 ayes, 1
absent.
Supervisor Balus stated that Brenda Carr from the SPCA has sent out notification that they have applied for a grant
and has asked for a resolution of support for that grant. The following resolution, to be known as Resolution #54 of
2007 was then read and moved for adoption by Balus, seconded by Phelps:
RESOLUTION #54 - 2007
WHEREAS, the Society for the Prevention of Cruelty to Animals serving Erie County is the lead agency
applying for a grant from the Maddie’s Fund to support community wide collaborations for adoption guarantee
organizations, traditional shelters, animal control agencies, and private practice veterinarians working together to end
the killing of healthy and treatable shelter dogs and cats; and
WHEREAS, the Sardinia Town Board wishes to express its support for this application and also appreciation
for the excellent work performed by the Erie County SPCA in the community in support of our animal control program;
NOW, THEREFORE BE IT RESOLVED, that the Sardinia Town Board and the Animal Control Program will
support the efforts of the Animal Alliance of Western New York and the Erie County SPCA through partnering with
them to save the lives of cats and dogs through ongoing communication, record keeping and best practices; and
BE IT FURTHER RESOLVED, that the Supervisor is authorized to sign the Statement of Support prepared by
the Erie County SPCA; and
BE IT FURTHER RESOLVED, that the Town Clerk forward certified copies of this resolution to the Western
New York Delegation, the Town Supervisors and City and Village Mayors of Erie County.
Councilman Mumbach stated he would like to see a copy of the grant application, if possible, since he has concerns
that this action could be used to remove hunters’ rights. The Supervisor will try to get him a copy. Upon roll call vote:
Bean, aye, Fuller, absent, Mumbach, no, Phelps, aye, Balus, aye. So Resolved, 3 ayes, 1 absent, 1 no.
Supervisor Balus stated that there has been a request to use the Town Hall/Community Center on one Saturday each
month to hold chess tournaments. The person making the request, Tom Warner, explained that he currently holds
them in Buffalo or Pennsylvania, and expects 10 to 20 kids to participate, and it could possibly be incorporated into
Friday Night Recreation. On a motion by Phelps, seconded by Mumbach, the Board granted Mr. Warner permission to
use a room in the building for chess tournaments. Carried, 4 ayes, 1 absent, 0 noes.
The Board then opened the bids received for the resurfacing of the pool, which were as follows:
Beauty Pools
West Seneca, NY $19,395.00
Sunsational Pools
Springville, NY $16,107.00
The bids were discussed and it was felt that the bid should be awarded this evening, contingent on the review and
approval of the Attorney for the Town. Therefore, a motion was made by Bean, seconded by Phelps, the bid was
awarded to the low bidder, Sunsational Pools, based on the review and approval of the Attorney for the Town, and
being able to get a contract. Carried, 4 ayes, 1 absent, 0 noes.
The Supervisor stated that Councilman Fuller had notified that Richard Rogers, on behalf of the Senior Citizens, has
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requested that $250.00 be approved for a deposit on a Senior Citizens trip to Erie Station on October 17 . On a
motion by Phelps, seconded by Bean, $250.00 was approved as a deposit for the Senior Citizens trip to Erie Station.
Carried, 4 ayes, 1 absent, 0 noes.
Councilman Mumbach has asked that discussion be held on resolutions received from several other towns regarding
Article X of the Public Service Law. Mr. Mumbach read the Town of Concord’s resolution, which was then discussed.
Supervisor Balus stated she was not prepared for this resolution, and does not understand the matter. The resolution,
to be known as Resolution #55 of 2007, was then moved for adoption by Mumbach, seconded by Phelps:
RESOLUTION #55 - 2007
WHEREAS, Article X of the Public Service Law provides a streamlined siting permit procedure for certain
power generation facilities and the law expired December 31, 2002, and
WHEREAS, Since January 1, 2003, power generation facilities have been sited via local zoning and State
DEC review, and
WHEREAS, There is currently a proposal by Governor Spitzer before the legislature to renew and revise
Article X of the Public Service Law that would also include the siting of windmills, and
WHEREAS, This inclusion essentially eliminates local zoning control over and has an impact on community
host payments, and
WHEREAS, The Town of Sardinia, along with numerous municipalities throughout New York State, has
undergone considerable time and expense to develop and implement windmill siting policies that best fit our
community,
NOW, THEREFORE, BE IT
RESOLVED, That the Town Board of the Town of Sardinia is opposed to any inclusion of the siting of
windmills in Article X of the Public Service Law as it removes local control of our landscape and violates the principles
of Home Rule that has been the guiding force of our State, and
BE IT FURTHER RESOLVED, That the Town Board of the Town of Sardinia encourages any revision of
Article X to address health and environmental issues for those who live and work near power generation facilities, and
BE IT FURTHER RESOLVED, That the Town Clerk forward copies of this Resolution to Governor Eliot
Spitzer and elected officials.
Upon roll call vote, Bean, aye, Fuller, absent, Mumbach, aye, Phelps, aye, Balus, abstained. So Resolved: 3 ayes, 1
abstention, 1 absent.
Councilman Mumbach then read a resolution for Read-Only access to the financial records, as follows, and made a
motion for its adoption by the Board:
WHEREAS the Board of the Town of Sardinia is required by NYS Law to oversee and audit or cause to be
audited, the accounting books and records of the Town of Sardinia and,
WHEREAS our Supervisor has not provided reasonable access to said records, specifically and in particular,
to those records which reside on the Supervisor’s computer which is locked in the Supervisor’s office and password
protected and;
WHEREAS the Supervisor on specific occasions has failed to allow such access for scheduled review of
those records by auditors engaged by the Town Board of the Town of Sardinia to conduct an audit of the Town’s
financial records and accounting books and reports
THEREFORE, BE IT RESOLVED that the Town Board of the Town of Sardinia requests and requires “read
only” access be provided for each Town Board member, and/or their representatives, to the Supervisor’s Computer,
for said auditing purposes. Such access shall be granted during all regular operating hours of the Town Hall and
Community Center of the Town of Sardinia, and including the posted “regular office hours” of the Supervisor which are
listed as Tuesdays from 9 AM until 2 PM. If the Supervisor wishes to work with the Board to establish a more
convenient “scheduled” opportunity for access, we would be happy to discuss such an arrangement so as to allow for
work to be done in an efficient manner, however, we reserve the right to access on request during all regular hours
during which the building is open to the public.
There was no second to Mr. Mumbach’s motion.
Under Privilege of the Floor, Town resident Gene Parzych stated that as an experienced sportsman, he would like to
caution drivers to be careful on the way home this evening because increased deer movement due to the cooler
weather.
Dave Malachowski of Sardinia stated that he thinks Time Warner Cable may be in violation of their franchise
agreement with the Town. He stated he believes that the contract calls for free cable drops for public buildings,
including the area churches, and St. Jude’s Catholic Church is now receiving bills for the service. The Town Clerk
stated she has heard from the Methodist Church, which is also being billed for the previously free service. Mr.
Malachowski asked that the Town Board establish contact with Time Warner and ask for the cable to be provided free
of charge to the local churches. The Supervisor asked the Clerk to forward the franchise agreement to the Attorney
for the Town DiFilippo and he will review the matter.
Fred Miller of the Town of Sardinia stated that he would like to find out how much in taxes residents would have to pay
if there were Town taxes. Supervisor Balus stated she would get him that information.
Ron Kenyon of Chaffee stated that, concerning the ham radio operators, he thinks they should be moved to this
building, stating that they play a large part during emergency situations.
Town resident Jay Burney stated that he feels its important to allow the public to be allowed to speak at Board
meetings and give input, and thanked the Board for continuing the Privilege of the Floor. He also stated that he feels
that staying with the agenda keeps things from getting confusing, and stated that Article X is not a “no brainer”, but
rather is a complicated issue, and the Supervisor should have been made aware of it before adding it to the agenda.
Concerning the access to Town financial records, Mr. Burney asked for a copy of the “Read-Only Access” resolution
that was introduced by Mr. Mumbach. Mr. Mumbach stated that he had no copies at the moment, but it would be
written up in the minutes. The Supervisor stated she did not get a copy. Mr. Mumbach stated he has already told the
Supervisor’s secretary that he would give her a copy.
Sue Sliwinski of the Town of Sardinia stated that she thinks it is really, really important that the Town adopt resolutions
regarding Article X, but feels that the Supervisor should have been given an opportunity to be familiar with the
resolution.
The Supervisor then asked if there were any questions about any items discussed.
Town resident Max Opprecht asked why the Erie County Forestry Department antennas on Warner Gulf Rd. could not
be used by the ham operators, and suggested that it might be an ideal place for them to establish themselves. He
also asked why the Supervisor cannot give access to the information on her computers. She stated that no Board
members has ever asked to come in and look at the information on the computer with herself and her secretary, which
she would gladly do by appointment. Mr. Mumbach stated he has not asked because he is not an accountant and
would not understand what he is looking at.
Denise Schiener of Sardinia stated she just had a housekeeping item, and stated that at the beginning of the meeting,
the vote for approval of the August minutes was not made, though there had been a motion and second. Therefore,
the vote was called and the minutes were approved. [Reflected after the motion and second on page 1.]
Reminders and Announcements included:
Next meeting(s):
Regular Town Board meeting – Wednesday Oct 10 @ 7:30 PM
Planning Board meetings - Wednesday October 3 @ 7:30 PM
Wednesday October 17 @ 7:30 PM
Public Hearing on the Right to Farm Legislation – Wednesday Oct. 10 @ 6:45 PM
Public Hearing on CDBG grant – Wednesday Oct. 10 @ 7:00 PM
Other Information:
WM – “Household Hazard Waste Drop Off Day”, Sat., Sept 29, 8:00 AM until noon
Senior Flu Clinic November 2
Written Comments to the ZBA on the Gernatt Variance will be accepted through September 21
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ZBA deliberations on that Variance will be held on September 25 @ 7:00 PM in the gym.
There being no further business to come before the Board, on a motion by Phelps, seconded by Bean, the meeting
was adjourned at 9:37 PM. Carried, 4 ayes, 1 absent, 0 noes.
Respectfully Submitted,
Town Clerk
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