May 20, 2009 Town Board Meeting Minutes

Present:
Richard Knox - Town Supervisor
Carol Coller - Councilwoman - entered at 7:15pm
Evah Foster - Councilwoman
Courtney Jeanette - Councilwoman
David Whiteford - Councilman - entered at 7:11pm
Tess Eells - Town Clerk
Larry White - Highway Superintendent

Guests:
Bobby Knox
Bob Best
Larry Cook
Linda Matthews
Jerry Powers
Fred Morrill
Ray Wilson

The Public Hearing was called to order at 7:05pm by Supervisor Knox.
Supervisor Knox read the two local laws to the public.

Local law#1: Unhampered Accessibility of Town and County roads.

Jerry powers asked about when he parks his fruit truck to unload it. It was stated that situations like that will be accepted.

Local Law #2: Regulating Mobile Homes in the Town of Russell.

No mobile home older than 24 years can be brought into the Town.

Supervisor Knox also stated that the Town would be purchasing a new John Deere loader at the cost of $93,900. The Town will be getting a $25,000 bond from NBT Bank. There were no questions pertaining to this matter from the public.

A motion was made by Supervisor Knox and seconded by Councilwoman Jeanette to close the Public Hearing and open up the Regular meeting. All were in favor.

Acceptance of the minutes:

A motion was made by Councilwoman Foster and seconded by Councilman Whiteford to accept the minutes from 04/15 as presented by the Town Clerk.

Coller - absent
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

REPORTS

Town Clerk's Report:

We sold 16 dog licenses, 5 building permits, 1 impoundment fee, 1 marriage license and $701.00 in DECALS for a total revenue for the month of April of $936.00. I have collected $949,306.89 in taxes as of 05/19/09 which is 81.14%.

Supervisor's Report:

1. The financial records for the month of April have been turned into the Town Clerk.

2. The Town received $3,200 from the Development Authority for the Health Clinic on 04/28/09.

3. The Town received $2,290.00 for court fines from the Town Justice for April.

4. The Town received $650.00 from E.J. Noble Hospital for rent.

5. The Town received $260.70 from Russell Rescue for fuel.

6. The Town received two checks from DCSR Fire Department for fuel; one was $100.18 and the other was $106.36.

7. The Town received $4,479.40 from St. Lawrence County for mortgage tax.

8. The Town received $64,952.00 from St. Lawrence County for sales tax, $30,000 went into the general fund and $34,952 went into the highway fund.

9. The Town received $1,029.30 from NY State for the 2008 summer program.

10. The Town Received $500 from the NY State Town Clerks Association for Tess’s schooling. It will be put back in her expense account.

11. The Town received $93.23 from Howland Pump for credit we had on our account.

12. The Town received $3,454.14 for the Health Center Grant.

13. The CEO gave a certificate of occupancy to the health center.

14. They are waiting on the State to give approval to open.

15. A Dr. has been picked for the Health Center.

16. I received a check from Timm’s Salvage for $60.00.

Highway Superintendent Report:

1. We have been spending most of our time on our Capital Improvement Projects. We completed our prep work and applied 1400 ton of Type 6 hot pave. We are scheduled for sealing in mid June.

2. Our pipe replacements for 2011 resurfacing on the Dutton, Smith and Hewlett Roads are all in and we will be returning to these roads later on for ditching and the shoulders.

3. We have been patching roads as time allows and should be completely around the town in 1 to 1 1/2 weeks.

4. We cleaned the ditch line behind the Health Center.

5. Harold has spent 2 days helping Edwards with ditching.

6. The men have all worked well and I thank them.

7. I need board approval to pay $121.00 out of the Garage & Pit Account.

The West Road was discussed for awhile; the condition of the road and what should be done to it.

Assessor Report: Donna Goodwin

I am continuing to try to equalize assessments. Looking at our newest Sales Analysis Report; properties are primarily still being sold for more than they are assessed for. We will have the Board of Assessment Review from 4:00pm to 8:00pm next Wednesday, the 27th of May. These are the only hours I will be here next week.

AMP Report:

Bob Best handed out the Preliminary Feasibility Report to the board members. It is estimated that we could have a 5% savings the 1st year. On page 17 it shows a boundary map of all AMP members. If you have questions please feel free to contact Bob Best.

DCO Report:

N/A

CEO Report:

N/A

Legislature Report:

1. The new jail is open and all prisoners are there now.

2. It cost an extra $325,000 by opening up later.

3. There were some contractors that thought they should get more money because asphalt went up and copper had to be replaced and had to pay more for it; we refused to pay any more to them.

4. We passed a resolution to do a public hearing for our Ethics Law. A few changes were made to make it more suitable.

5. Also we will be reestablishing things that were cut from the budget originally. We have an extra 4 million.

6. Councilman Whiteford asked what the County will do with the stimulus they get. Fred stated they will use it to keep the property tax base down.

7. Supervisor Knox asked if the County was getting any of the stimulus money. Fred stated we're not getting enough and it’s not fair how it is being done.

8. The Deputy of Highway Superintendent is gone and Bill Dashnaw is hiring an Engineer and a Solid Waste Coordinator to replace him.

RAY WILSON: Rose & Keirnan

Ray got quotes from 3 insurance companies for the town.

1. Selective $24,676.47

2. NYMIR $21,166.23

3. Prime $20,038.01

It covers from May 27 2009 - May 27, 2010.

He explained the differences in the 3 quotes.

COMMITTEE REPORTS:

Resolution #50: Revaluation Project

A motion was made by Supervisor Knox and seconded by Councilman Whiteford:

WHEREAS, the State of New York will provide financial assistance to the Town of Russell for the implementation of a system of Real Property Tax Administration which conforms to the standards established pursuant to Article 15-B of the Real Property Tax Law;

NOW, THEREFORE, it is hereby

RESOLVED, by the Town of Russell, New York, that the Town of Russell hereby requests State and County Assistance to do a revaluation project and maintain a uniform standard of assessment for 2009 assessment roll in accordance with Section 305 of the Real Property Tax Law; and it is further

RESOLVED, that the Supervisor is hereby authorized and directed to expand the necessary funds for the preparation of a said plan and the establishment and maintenance of the Real Property Improvement Program and to make application to the New York State Board of Real Property Services for financial assistance, therefore, Pursuant Article 15-B of the New York State Real Property Tax Law, and

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the St. Lawrence County Real Property Tax Office and the New York State Office of Real Property Services as one of the initial requirements for state aid.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Resolution #51: Audit

A motion was made by Supervisor Knox and seconded by Councilwoman Foster to pay the following bills:

General vouchers # 156-195: $19,244.71 ($19,243.71 TE)
Highway vouchers # 88-104: 30,277.55
Capital Improvement # 1-5: 66,732.68
Street Lighting #5:   Russell $402.45
                            DeGrasse 129.12
                                         $531.57

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Highway:

Superintendent White stated that he was getting a quote on grinding down the wheel tracks on the West Rd. and instead of using Type 6 try out using white rock under the seal.

OLD BUSINESS:

Councilman Whiteford stated he ran into Mr. Gary Whiting and he said he asked for a stake to be put in at the line that the town takes care of on the Stalker Rd. NIMO will not put poles in unless it is marked with stakes.

Superintendent White stated he was never asked to put a stake at the area to where the town takes care of the road. There is a sign already there. He will talk to Mr. Whiting.

RESOLUTIONS

Resolution #52: Local Law #1 of 2009

A motion was made by Supervisor Knox and seconded by Councilman Whiteford to adopt Local Law #1 of 2009 - Unhampered Accessibility of Town Roads preventing residents from the Town of Russell from putting hay bales, farm machinery and other debris in the road or within the Town’s right-of-way or the County’s right-of-way.

SECTION 1. INTENT
WHEREAS the Town Board of the Town of Russell has determined that residents, and particularly land owners abutting the Town roads, have caused nuisance and potential danger to the Town by placing farm machinery, equipment and other debris in the road and/ or within the town’s right-of-way thereby preventing Town employees from maintaining said roads and right-of-way. The purpose of this local law is to prevent the health, safety and well-being of persons and property within the Town by imposing restrictions as set forth below.

SECTION 2. ENACTMENT
Residents of the Town of Russell are hereby prohibited from placing any debris, including but not limited to, farm machinery, equipment, used or otherwise, hay bales, garbage and refuse on any road belonging to or maintained by the Town of Russell or St. Lawrence County, in said road or within the Town right-of-way consisting of 25 feet from center of said Town road or 33 feet from center of said County road.

SECTION 3. PENALTIES FOR OFFENSES
Any person convicted of a violation of this Local Law, in addition to any other civil or criminal penalty, shall be liable to a civil penalty of Fifty dollars ($50.00) for the first violation, One Hundred Fifty Dollars ($150.00) for a second violation, and Two Hundred Seventy-Five Dollars ($275.00) for each subsequent violation.

SECTION 4.
This Local Law shall take effect upon filing with the Secretary of State pursuant to the provisions of the Municipal Home Rule Law of the State of New York.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Discussion on Local Law # 2 Mobile homes

Councilman Whiteford stated that back when Morristown wanted support in their issue with the Amish needing Building Permits to build; the majority of the board would not support them. He feels people should be able to do what they want on their own land.

Councilwoman Coller feels if someone wants to use an older trailer as a camp on their own property they should be able to.

Resolution #53

A motion was made by Councilwoman Foster and seconded by Supervisor Knox to adopt Local Law #2 of 2009 Regulating Mobile Homes in the Town of Russell.

SECTION 1. PURPOSE
The purpose of this local law is to protect the health and safety of residents of the Town by providing for the regulation of mobile homes for use in the Town of Russell.

SECTION 2. DEFINITIONS
For the purpose of this law, the term mobile home shall be defined as follows: a structure intended for transport on a permanent chassis in one section, designed for relocation with only minor preparation such as reattachment of wheels, lights and towing apparatus and bearing the insignia for manufactured housing issued by the U.S. Department of Housing and Urban Development.

SECTION 3.
No mobile home shall be placed in the Town of Russell that is more than 24 years old for any reason, including, but not limited to, occupancy, storage and/or seasonal camp use.

SECTION 4. PENALTIES FOR OFFENSES
A. Any mobile home brought into the Town of Russell in violation of this law shall be removed forthwith at the expense of the owner.
B. A violation of any of the provisions of this law shall be punishable by a fine not to exceed One Hundred Dollars ($100.00) for the first offense; and One Hundred Dollars ($100.00) for each and every day that the violation continues. Each and every day that a violation exists shall be deemed to constitute a separate and distinct violation.

SECTION 5.
This Local law shall take effect upon filing with the Secretary of State pursuant to the provisions of the Municipal Home Rule Law of the State of New York.

Coller - no
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - no

Motion carried.

Resolution #54: St. Lawrence County Planning Office

A motion was made by Supervisor Knox and seconded by Councilman Whiteford asking the St. Lawrence County Planning Office to start a Grant application for Housing Rehabilitation for the North side of the Grasse River of the Town of Russell so the grant can be submitted next April.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Resolution #55: Bids on a kennel

A motion was made by Supervisor Knox and seconded by Councilman Whiteford to put an 8’x8’x4’ chain link kennel with some hardware missing; selling as is out for bids. Bids are to be sent to Russell Town Clerks Office by June 16th. The bids will be opened at the next meeting on June 17th.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Resolution #56

A motion was made by Supervisor Knox and seconded by Councilwoman Jeanette to put the $500 from the scholarship Tess received from the NYS Clerks Association back into her expense account A1410.4.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Resolution #57: Insurance Company

A motion was made by Councilman Whiteford and seconded by Councilwoman Coller to authorize the Supervisor to sign a contract with Selective Insurance as the Town of Russell Insurance carrier for the amount of $24,676.47 for the term spanning from May 27, 2009 - May 27, 1010.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Resolution #58: Bond for New Loader

A motion was made by Councilwoman Coller and seconded by Councilman Whiteford to authorize the Supervisor to sign with NBT Bank, NA for a Bond of $25,000 for the purchasing of the new John Deere loader.

Coller - yes
Jeanette - yes
Foster - yes
Knox - yes
Whiteford - yes

Motion carried.

Public Discussion

• Supervisor Knox stated that the Youth Brigade will be putting a fence up at the Belleville Cemetery with 20 posts donated by Tom Sharpstene.

• They will also be staining the Gazebo; the Town will purchase the stain.

• The Town bought pizza and drinks for the youth group the day they did the fence.

• The Memorial Day parade is May 23rd.

• Plants are for sale for $15.00 for people who want to buy one in memory of someone.

• There will be a bullhead feed at the DCSR Fire department on May 30th.

Adjournment:

A motion was made by Supervisor Knox and seconded by Councilwoman Coller to adjourn the meeting at 9:10pm. All were in favor. Motion carried.