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REGULAR MEETING SHELDON TOWN BOARD September 15, 2009 The Regular Meeting of the Sheldon Town Board held September 15, 2009 at the Sheldon Town Hall, was called to order by Supervisor John Knab at 7:30 PM. Present: Supervisor John Knab Councilmembers: Glenn Cramer, Jim Fontaine, Lynne Metz Absent: Councilmember Paul Kirsch Recording Secretary: Town Clerk Carol Zittel Attorney Anthony DiFilippo Also Present: Justice Fran Lefort, Justice Robert Jae, Zoning Officer Ken Martin, Arcade Herald reporter Adam Zaremski and approximately 15 others. A signed list of all present is on file in the Town Clerk’s Office. Minutes A motion was made by Jim Fontaine and seconded by Glenn Cramer that the minutes from the Regular Board Meeting on August 25, 2009 and the minutes from the Special Meeting on September 1, 2009 be approved as printed and received. Yes 4 No 0 Motion Carried. Communications: NYS Archives Training #55 Town Clerk asked approval to attend a NYS Archives seminar entitled “Using State Retention Schedules” on September 17, 2009 and a Wyoming County Town Clerk Assoc. meeting on Monday September 28, 2009. Yes 4 No 0 Motion Carried. Upcoming Public Hearings #56 Town Clerk reminded the Board of the upcoming Public Hearings: the Harris Corners Fire Dept. contract on September 23, 2009 and the Varysburg Fire Dept. contract on October 1, 2009 at 7:30PM at the respective Fire Halls. The Town Clerk also advised the Board of a ZBA Public Hearing on September 30, 2009 at 7PM at the Town Hall regarding a variance request by resident Kevin Lynch. Usage of Town Hall by Non-Profit Groups #57 Town Clerk notified the Board of two organizations using the Town Hall in October. October 9, 2009: Cornell Cooperative Extension October 13, 2009: Alzheimer’s Association Old State Road Paving #58 Town Clerk read a Thank You from Edwin & Margaret Francis thanking the Town personnel for the paving of Old State Road. Historical Society Schoolhouse Internet & Phone Service #59 The Town Clerk distributed a letter from the Sheldon Historical Society asking the Town Board for phone and internet service at the Schoolhouse in Strykersville. Supervisor Knab stated that he will get prices on providing such service and will report back to the Town Board next month. Planning Board Workshops #60 The Town Clerk announced upcoming Planning & Development Workshops on September 30th, October 15th and October 22nd. A motion was made by Jim Fontaine and seconded by Lynne Metz to approve for any interested Town official to attend the Monroe County Planning & Development workshops on September 30 th, October 15th or October 22, 2009. Yes 4 No 0 Motion Carried. Invenergy Code of Conduct Agreement #61 The Town Clerk distributed a letter from Hodgson Russ Attorneys stating Invenergy’s intent to comply with the Code of Conduct Agreement for Wind Farm Development. Financial Reports Financial Reports were presented for the month of August 2009 from the Town Supervisor, Town Clerk and the Town Justices. Bills: A motion was made by Lynne Metz and seconded by Jim Fontaine that the General Bills #308 to #337 for a Total of $14,098.22, the Highway Bills #181 to #196 for a Total of $36,631.44, the Varysburg Water District Bills #60 to #65 for a Total of $4,967.79, and the Lighting District Bills for a Total of $707.81 be paid. Yes 4 No 0 Motion Carried. Highway Superintendent’s Report Highway Superintendent Dave Ricketson updated the Board on various Highway projects including oiling and stoning roads, assisting neighboring Towns with paving and assisting the County Highway Dept. with hauling gravel for the work on Dutch Hollow Rd. Supt. Ricketson notified the Board that the new Town pick-up truck has arrived. Payment of New Highway Pick-Up Truck A motion was made by Jim Fontaine and seconded by Lynne Metz to approve pre-payment of the new Ford pick-up truck for the amount of $18,678.77. Yes 4 No 0 Motion Carried. Supervisor Report Wyoming County Bills Supervisor Knab reported the Wyoming County bills for the month of August 2009 were $2,801,803.79. Vincent Almeter Memorial Park Supervisor Knab informed the Board that the new roof has been installed on the pavilion in the Vincent Almeter Memorial Park in Varysburg. The Lions Club provided the labor and the Town of Sheldon paid for the materials. Flu Shots Sponsored by the Wyoming County Office for the Aging Supervisor Knab noted the following dates and times for flu shots available to Wyoming County residents age 60 and over: Monday September 28, 2009 at the Arcade Fire Hall, Tuesday September 29, 2009 at the Valley Chapel Church in Warsaw and Wednesday September 30, 2009 at St. Luke’s Episcopal Church in Attica. All clinics are from 9-11:30AM. Motorcycle Noise in Varysburg As a follow-up to previous Board meeting discussions regarding the noise complaints in Varysburg, Supervisor Knab reported that the Town Court has processed at least 19 tickets for loud motorcycle mufflers in the past month. Insurance Coverage on Town Building and Equipment A motion was made by John Knab and seconded by Glenn Cramer to raise the insurance coverage on the Town Hall to $1,000,000.00 and to leave the equipment coverage the same. Yes 4 No 0 Motion Carried. Praller Assessment Challenge Attorney DiFilippo updated the Board on the Praller Assessment Challenge. Justice Court Mail-In Pleas Justice Fran Lefort addressed the Town Board regarding the way mail-in plea procedures are handled by the Town Prosecutor. Supervisor Knab stated that he will contact Town Prosecutor David DiMatteo about implementing a few changes to the way mail-in pleas are handled. Acceptance of Reports A motion was made by Jim Fontaine and seconded by Lynne Metz to accept all reports as presented. Yes 4 No 0 Motion Carried. Old Business Resolution to approve new zoning - Local Law 2-2009 A motion was made by Jim Fontaine and seconded by Glenn Cramer to approve Local Law 2-2009 establishing a new zoning law in the Town of Sheldon. Yes 4 No 0 Motion Carried. New Business Wyoming County Magistrates Association Dues A motion was made by Lynne Metz and seconded by Glenn Cramer to approve the $20.00 payment of dues for Town of Sheldon Justice membership in the Wyoming County Magistrate’s Association. Yes 4 No 0 Motion Carried. Salt Building Re-Roof Bids A motion was made by Glenn Cramer and seconded by Lynne Metz to give permission to Supervisor Knab to sign the contract with Just Barn’s Inc. in the amount of $13,350.00 for the re-roof of the Highway Department Salt Storage Building. Yes 4 No 0 Motion Carried. Set Date for Budget Workshop Meeting A motion was made by Jim Fontaine and seconded by Glenn Cramer to set the date for the budget workshop for Tuesday September 29, 2009 at 7:30PM. Yes 4 No 0 Motion Carried. Halloween Night A motion was made by Glenn Cramer and seconded by Jim Fontaine to designate Saturday October 31, 2009 as trick or treat night in the Town of Sheldon, and that the Town Clerk so advertise in the East Aurora and Attica Pennysavers. Yes 4 No 0 Motion Carried. Board of Assessment Review Appointment A motion was made by John Knab and seconded by Jim Fontaine to appoint Vince Kirsch to the Town of Sheldon Board of Assessment Review for a five-year term 9/30/2009-9/30/2014. Yes 4 No 0 Motion Carried. Comments from the Floor Wind Turbine Noise Councilman Cramer addressed the Board regarding the wind turbine noise complaints received from resident Rick Slowinski. Councilman Cramer informed the Board that he visited the Slowinski residence late in the evening of August 25, 2009 in order to gauge the noise level for himself. He stated that he had no noise measuring instrumentation but that in his opinion it was extremely loud. Sheldon Elementary School Resident Brian Becker addressed the Board regarding the enrollment numbers at Sheldon Elementary School. Advertising Bids on Craigslist or Ebay Resident Mike Armbrust addressed the Town Board regarding the posting of bids for the Town Highway Pick-up truck. Mr. Armbrust suggested listing the truck on Craigslist or Ebay. Noise Turbine Noise Resident Steve Gregoire addressed the Town Board regarding the wind turbine noise they are experiencing at their residence. He expressed his opinion that the Town should take it upon themselves to measure the sound. Invenergy Representative Steve Bystriansky responded that Invenergy had a third party involved in resolving the Gregoire issues. Mr. Bystriansky stated that the next step is to have Invenergy Representative Geoff Kerr contact the Gregoire’s and set-up a date to visit their residence. Councilman Cramer reiterated his opinion that the sound study should have been conducted near a residence where complaints are coming from. Mr. Bystriansky stated that a location very representative to the Gregoire residence was chosen. Resident Norm Kehl stated that it seems natural that some turbines make more noise than others and that the ones that are receiving complaints should be tested. Mr. Bystriansky stated that Invenergy will make sure that nothing is out of whack on the turbines and mechanically nothing is wrong. Adjournment At 8:40PM a motion was made by Lynne Metz and seconded by Glenn Cramer to adjourn the September 15, 2009 meeting of the Sheldon Town Board. Yes 4 No 0 Motion Carried.
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