These minutes may not reflect what was actuallyWritten in the towns log book. They may not have the latest revisions. There may be inaccuracies due to converting to text and in some case scanning The posted minutes are simply a way for many to read that are not able to attend the town meetings. Ischua town Board Meeting Pledge of Allegiance Rev. Jack Wolfe prayer Oaths of Office -~ 2002 appointments Administered by our Attorney, Jerry Moriarty. Judge "~ Dennis Heitman Tax Collector "' Sandy Markert Eric Clayson "' Town Councilman Roger Pettengill "' Town Councilman Al Rosenow "' Supervisor Kelle Brisky "' Town Clerk Rich Michael '- Highway Supervisor Neil Converse Sworn in. New Employee's to get a health check with the county. "' Mandatory for W.C. FINANCIAL REPORTS: Current Status of Checking Accounts: General © December 31, 2001 $3,888.00 "' Al started New Account © same Bank (Community Bank) took out $ 3000.00 of $ 3888.00, which leaves $ 888.00. No checks have been written except for 1 Highway © 12.31.01 $22990.00 (approx.) Debit to new checking was $19,249.24 "-~ © 12.31.01 a CHIPS DEPOSiT came in $19249.24. Balance in Old checking account $3740.76 as of January 8~, 2002 2 checks written "' highway employees disservice for just paying for 1 week (should be 2) will be get checks tomorrow for the other week. SMITH BARNEY IN VESTMENTS '~' © December 31, 2001 $ 25,185.00 January 8th 25,230.36 Debited $ 10,000 for the General Fund out of account. Balance $ 15230.36 as of this morning. TRUST & AGENCY '- account that pays taxes for everybody. Balance as of December 31, 2001 is $19.65. Current balance is $19.65. Street Light Fund $ 844.90 as of December 31, 2001 according to last bank statement. ($ 844.90 currently) CEMETARY FUND balance is unknown -' will report on that next month. Al Rosenow not responsible for year 2000 nor the year 2001 annual financial report(s). Financial report for 2000 is supposed to be in March of the year 2000. (I believe Al meant the year 2001). Letter dated 12.20.01 to Kenneth Wyant, Town Supervisor States the Office of the State Controller's Records show that town of Ischua has not yet filed its annual 2000 report. For that reason, we are not able to produce a 2001 annual financial update document. Al Called the State Controllers Office. (Mr. Jerry Kelly) Mr. Jerry Kelly '- We are on a Watch List. ".' Waiting for 2000 audit. Generally, not always, but sometimes they dont send you your money. If not done in a timely manner, possibly will be fined, per day, of every day that we're late. Al Rosenow "' asked if State Controllers Office would send someone out to audit the books. Said that they would do that. Probably no fee attached, but not sure. Donny Farwell "' "There wasnt a fee in 99 when I did the Financial Report for 1998 because Kenny hadnt done it. She came up from Buffalo and didn't charge the town anything (worked for a week)." WILL GET STATE AUDITOR IN HERE SO WE MAY GET DONE IN A TIMELY FASHION. Any questions about the Financial End: Donny Farwell "Did the right thing by calling the State Controller. Because after, whenever Neilson went out, September, he hadn't made any files or anything and I called State Controller then. We didn't loose much state aid after I got all the financial reports back in. Whatever year he hadn't made. But as long as you notified them and you have. Al Rosenow "' They put an * after our name and the date. So they realize that we've been in touch and we are working on. Donny Farwell "' what we're going to have to do is go back to the year 1999 match up check stubs and vouchers. Let me tell ya, It takes a little time! Because when Nielson went out, I had Betty Linderman and Judy Doner help me. It took almost a month. Had to find every check and voucher. Al Rosenow -~ Just a suggestion "' do not accept the financial report for this month. Donny Farwell "' I dont see how we can because you found mistakes in the checking account. Al Rosenow -'.~ oh, I didn't mention that. Did I mention that? Donny Farwell "' "No." MISTAKES FOUND IN CHECKING ACCOUNT. Al Rosenow "' Going through 2001 (have to match certain things.) By the time I got to August 2001, there were thousands of dollars worth of mistakes. Didn't go through the whole year as of yet. (Very timely) Now, these are mistakes; Mr. Wyant, I don't think was doing all on purpose or anything just mistakes and if you make a mistake this big, for instance, one that really concerns me more than any of them is that we were done to about $ 141.00 in the General Fund. And, he added $2000, so the next amount would be $ 2140. The problem is I can't match it; I don't know where this $ 2000 came from. There's nothing on the statement saying anything, so where did this $ 2000 come from. Its not accounted for in the bookkeeping so to speak. So with that in mind, we have to a lot of work to find out where this money is coming from and where it came from and how it came; there was a lot of, and I say a lot of missed deposits. So, in other words, we have it, he put it in, he didn't account for it. So it creates problems when you want to do your audit. So, These are mistakes and everybody does them in the checkbook. MOTION TO ACCEPT the Financial Report for December 2001 Donny Farwell "' We can't; dont know if it's right. Al Rosenow "' That's Right. MOTION DENIED. Kelle -~ Tape recorder setting up front "-' taking notes from this. Brings us up to January 1~, 2002. All figures, well some are probably correct Smith Barney Investments ".' Correct Trust & Agency ".' probably correct. Street Lighting seems to be correct. Highway "' didn't go through all; General checking is incorrect; $ 3,888 is an incorrect figure. Might be as high as $9000. Not 100% sure, but I think so; Just doing some quick math. READING OF ThE DECEMBER 2001 MINUTES BY ThE TOWN CLERK. PLANNING BOARD A lot of folks worried about the Planning Board in this town. Well, I want to make it very clear about the planning board. Planning Board for now is dead. These folks up hear have spoken @ the December meeting or was it the November meeting. "My head, I'm still looking for it; it's still rolling down Route 16." (LOL) But don't worry about the Planning Board for now. Am not saying I am not going to revisit, but if I do revisit, I shouldn't be saying I, if the Board, decides to revisit this particular thing, we will make sure that everybody that is interested in the town will find out about it way ahead of time. You will be able to voice your option in different avenues, such as public hearings or at the town board meeting. So don't be too concerned about zoning and planning for now. Frankly, I am still in favor of it. It's a good idea for getting our share of Federal money in here. Most times, to get your share of Federal money you have to have a planning board that makes it explicit to the Fed. Government exactly where your town is going. SIGNS FOR THE SNOWMOBILES Rich Michael "' checked on signs and can get in Village of Ellicottville for $ 15.00 a piece. New ones cost $ 29.00. Does anyone on the board recollect where they could get these for free? Eric Clayson -~ Mark Williams said that Catt. County would furnish any signs for free of charge. Just had to call and let him know and they would build them and send them over. It was back in July when he was in here for a board meeting one night. He's the County Legislature. Said the county provides all signs. Not sure exactly which meeting, but sometime this summer. Any sign that the town would need the county would provide. Figure need somewhere near 40 signs. Bucky Weatherby "' some roads need up to 4 signs; some need 2; some only need 1. Al Rosenow ~.' what if we can't get from Mark Williams (just supposing). Mark says cant get for nothing. We would need a motion to that. Does someone want to make a motion? Joe Ames "~ We're talking about $800.00. Bucky Weatherby "' probably could © least get by with 30. Al "-' special route that take more often than others. Eric Clayson '~.' can't we just put signs on outside of town; why do we have to have them inside the town? Bucky "' doesn't have the laws with him. Al -~ both ends is the law. Bucky "-~ 30 signs would be $ 430.00 Donny Farwell MAKES MOTION to give Mark a call and if we can't get 30 of them; give Ellicottville a call and well purchase from Village of Ellicottville. Roger Pettengill "' Seconded the Motion. All in Favor of the Purchase of 30 Signs from Ellicottville if cannot get through the county for Free. Roger Pettengill '~ Aye Donny Farwell -" Aye Joe Ames -" Aye Eric Clayson Aye Al Rosenow - Aye CARRIED Al Rosenow MOTION that an ad be put in the Paper for a Dog Warden by Al Rosenow. SECONDED by Donny Farwell. Roger Pettengill '- Aye Donny Farwell "' Aye Joe Ames -~.' Aye Eric Clayson ".' Aye Al Rosenow ".' Aye CARRIED OPINION FROM OUR A1TORNEY, Jerry Moriarty about the AIRPORT. Jerry Moriarty '- as I've indicated everybody in the group knows that we found an agreement that there is an agreement from back in the 50's with the City of Clean which appears to read that the exemption was in perpetuity (existence forever). Legal Question is "Whether or not that agreement would still be legally binding on the town." And there is no definitive answer and the statute does not have any time limitation in it. Other types of exemption agreements between municipalities can go on for long periods of time. So, I think what a, my recommendation is "' is that we would seek an option from either the office of real property of tax services, the legal council for that, or the controller as to whether or not that agreement is in perpetuity; or, in other words, is the town of Ischua still bound by that agreement at this point in time. That's the issue. And, I think we can ask for advisory opinion. Which would give some direction as to whether we can challenge it. And if they come back and give us some advise that is favorable to the town's position, then I think it would give us some leverage if we wanted to do something with the city of Clean. The "Host" Municipality must approve an Agreement, in writing, which is the Town of Ischua. That's what the statute says. So what we have is an exemption that was granted back in the 1950's, which was approved by this board and is in writing. So, from the city of Olean's standpoint, they've met the statutory test. The issue is whether or not an agreement, made in the 1950's, is still binding on this board today. And whether or not that agreement, which had no term in it, at all, it's in perpetuity; there's no question about that. Whether or not that's valid in other words if it's still legally binding on this board or if we have the right to reopen, so to speak. I don't think you should be under any illusion that there' not going to be an exemption. They're entitled to the exemption but we have to agree to it. So I think that it would be probably, a question of negotiating of how much of an exemption there's going to be. Would be my guess, but Am just saying that because the statute provides for it; we might be hard pressed to say there' not going to be any exemption. That's my own opinion. The legal issue is whether or not the agreement is still binding on the town. That's what the whole issue is. My judgement before we tackle the city of Clean on that issue is that we ought to have some ammunition of our own. I mean we ought to know what the people in Albany think about that. We meet all tests. The only open issue is the length of the term of the agreement, which is not provided for in the statute. Al Rosenow One of the things I noticed is that it says, and I think the intent of Mr. Nix when he was doing this, is and probably the history is when they were putting this airport in is that it was one of the very few municipal airports that was going in anyway. And, this was a big thing in this town is having a real airport in our town. And from what I hear people used to go up there just to watch the airplanes come in and go. In the paper work, if you look © it closely, it says "municipal or public airport and it's not really either of those. It's something in between. It's actually a private airport up there. That's all that comes in there. Am I right? Jerry '- That's cause the definition is whether or not it is owned by a municipality and it's owned by the City of Clean. There are some rulings along that line that a maybe would answer your question. There have been municipal airports, same situation as ours, where the city of Clean is the owner of the airport leased the airport, or parts of the airport to a private company. Once that happens, it's no longer exempt. There are some rulings about that. (If they turned over to private enterprise, it would no longer be exempt.) Eric Clayson "" I thought they did that a few years ago. Jerry "' Looses it's municipal character if it's being leased out to a private enterprise. Donny Farwell '~ Can they lease it Out when they have federal money in it? Jerry ".' I do not know that, Don. VETERANS'S TOWN EXEMPTION Larry Curtain ".' As to the taxes, how difficult would it be to go to the county and find out how many are getting the exemption? As to what it's going to reflect on the overall tax base. Bucky "~ would have to get hold of Nancy Barney to find out how much the town exemption would be. I think its either 15% for on non-combat veteran and 25% combat veteran; is what I think the exemptions are. And I can't believe 15% off of the town tax average on the average persons bill is a lot of money for the town to give back. It's either you have to give it to everybody or take it from everybody. And 1/3 of the people are getting it, I think they all should get it. Joe Ames "- sounds good to me. Al Rosenow '- I think what we ought to do is look into what the law states. Joe Ames "' Didn't what you say is that the law states that we Al Rosenow "' No, this is saying, what he is saying is that this is an enhanced one; apparently, according to what this states, we don't give any @ all. Bucky "~ It lists 2 different Veterans Exemptions on there; it lists one © the end and one © the beginning I think. Our town doesn't recognize either one. Eric Clayson "~ we can recognize both or one or the other? Bucky '~ You can recognize both if you if you want. Nobody gets the enhanced, like Jerry says, probably because of that law. But, some people have been getting the basic. Eric Clayson '- so, there's actually 2 different exemptions there. Bucky '- I think everybody should get the basic. Bucky "-' 33 people that would get it. Rich Michael "' there's almost a precedent here. Board .- You're right. Bucky ". There's 33 people that ain't getting it that would get it. Don Farwell "' there's some getting it that I am surprised are getting it. Dave Markert Now, this is regardless of income. Bucky -..' Yea. Joe Ames "' I don't think this is fair "- just 1/3 of them. Dave Market '~' Well, there's a precedence already set; we've gotta Al Rosenow "' Do we have a SECOND to Joe's MOTION? Don Farwell Yea. Bucky ".' we might have to set the 15% and 25% limit, too. Jerry might do that. Jerry '- Why don't I do this "' fll outline, for the Board, what the provision are so that everybody knows what this is, because there are 2 different sections of the law that deal with this. There's a basic Veterans Exemption, as he said, and then there's this alternative that we opted Out of in 84. Let me outline what the statute allows for, and then the Board can decide what we would want to implement of that. VETERANS EXEMPTION "' TABLED till next month. Dave Markert "' This years taxes are already set anyway. Bucky "' We have till March 1~. Actually it can be longer than that; that's just when their exemptions have to be in to me by. But if it runs longer than that, I don't have to have in by March 1st. I am not taking any new exemptions; am just changing the ones that I've got. So, it could run an extra month probably if it had to. Al Rosenow ". Let's TABLE this particular MOTION for now; and well bring back up © next meeting. Al Rosenow ~' Number 3 on the NEW BUSINESS is the Telephone Update. What I'd like to have the Board do it they would; and I'll make the MOTIN, is to update our telephone system here and in the other room so that our computer works properly and perhaps we have something more update than this rotary thing here. Every time you're making phone calls to the state of New York, they're always telling you to stay on the line if you don't have a touch phone. And it takes forever. Al Rosenow '- MOTION that the Board allow us to update the telephone system. Eric Clayson "' Definitely makes sense to do that. Al Rosenow "' if you want to put a figure on this, that's okay; I don't know what it would cost. MOTION SECONDED by Eric Clayson. Don Farwell '~-' I think there was a MOTION a couple of years ago. To update that telephone system. Joe Ames we could hire Dennis (Heitman) to do that. Dennis Heitman "' not interested in anything for hire. Ill change the phones for nothing, but other than that, I'm not interested. MOTION to Update the telephone service. ALL IN FAVOR. Carried. JUDGES DESK Al Rosenow "' Went to Judges School and one of the things that they tell ya is to have desk elevate so that Judge sits up and tries to look down on the people. It's not that you're looking down on the people; it's just that it commands more respect of the people. And the other judge there will tell you, that they like to see that and once in awhile they will send an inspector over to see what you're doing over here and they would be tickled if we could update the judges desk to 6 inches above here. I've put a figure on this of about $ 250 cause it would be carpeted. I am not sure of how much it would be but probably not more than that; probably less than that. Dennis Heitman -~ I just wanna make it clear that the Office of the court administration would be very happy if you'd do that; they want you to do that so does the SMA, and I am sure Jerry would agree with that line of thinking; I am not asking for that; I want to make that clear to you and everyone. I don't have a problem controlling my court mom, but if want to do that I don't object to it; but it's not a request of mine cause I'd feel terrible if one of these guys was going back there and tripped over it. MOTION MADE BY Al Rosenow to Elevate the Judges Desk. Roger Pettengill "' it's nothing that going to be attached to the floor, is it? Al Rosenow '~' No. Donny Farwell -.' Highway crew can do it. Rich Michael -.' can build it. Will get materials in Franklinville. Al Rosenow '- Will be from Front of Desk to Back Wall. ALL IN FAVOR OF ELEVATING ThE JUDGES DESK "' raising it by 6" with carpet. Highway crew will manufacture the step. ALL IN FAVOR. Carried. 5: SMALL DESK FOR ThE TOWN CLERK "' $100.00 MOTION made by Al Rosenow; Seconded by Joe Ames ALL IN FAVOR. Carried. 6. New Business. TOWN SCHOLARSHIP FOR WORThY STUDENT FOR $200.00 Has a worthy young man in mind that would fill the criteria. $200 donated. Jerry states that tax payer's money can't be used. But a recognition can be made. TABLED FOR NOW. RECOGNITION CF REPLACED EMPLOYEES "~ did a wonderful job for town. Wondering if there's any sentiment for this service for our town. (In the form of a plaque.) Roger Pettengill "' doesn't feel that it's necessary. Donny Farwell "~ I think the only one we ever did was Clarance Clayson. Board donated money for that. Eric Clayson '~ bought him a real nice watch. On for 30+ years. Came out of board's pocket. NO MOTION MADE. ASSESSOR & SUPERVISOR -'-~ look into a updated computer system to make accessing more streamlined. Don't have any amount on this because don't know what will cost. Brought up to Assessor that women in Springville, by the name of Ruby, has a State of the Art Assessment System. Don't think was super expensive, but it's all computerized and it used digital photographs. No action needs to be taken on this, just notifying the town that we're going to be looking into this. Eric Clayson -~ going to be required in the next year or so anyway. The state has already said that we will update our computers so we can use them for the state programs. Bucky Believe the computer we have does have the capacity, just need the program. NOTIFY THE BOARD "' Supervisor and any interested parties are going to be looking into the bridge assessment for School Street near Yankee Road. Fellow in town lives on the other side of creek and the only way he can get to his house is to walk across the footbridge. No way that this Gentlemen is going to be able to get to his place if there's a fire. It's not right that this fellow will have to live this way. I think as a community, we should help him out someway to get proper bridge. I don't think it's going to be super amounts of money to do it, but as I understand it, the bridge would be on public property. There should be a bridge there of some sort. If anybody knows something more about this situation, I would like to know about it; if there's something I don't know about it. Joe, what's the name of that gentlemen where that house is. Steve Maynard. Some future meeting, we're going to come back to you and get some kind of committee together. There's a gentlemen sitting here right now that possibly has the steel we need to put on the bridge and a we are going to look into whether these beams that he has will be proper for this job. The engineering of it can be obtained for free. Stew Thompson knows an engineer that will do this for us. A gratis as far as the engineering of the bridge. It's not to say that we might not go back to the way it was with just a big conduit in the creek. Conduit was pulled out or washed out. Washed Cut. Donny Farwell "' Never new any road coming down through there. They told me before maybe in the 18th century it came down through there; I never saw it there. (the Road) It's on school street. Stan Sparzinski -~ Thought that the board brought it up © one time that it used to be a road but it was never abandoned. I could be incorrect. Al Rosenow "' Heard it was a County Road. County took the building. Donny Farwell -~ Taken on taxes. Al Rosenow "' will report back to folks on that. Last Notification that there's Supervisors School on January 14th in Rochester that I have to go to. Closing Cut New Business. 14. PUBLIC COMMENT BRIDGE"' Bucky '- is the town going to take on any liability if they build a bridge on that and it's not town property or public property? Do they take on liability if the bridge fails of some sort and somebody's hurt? Donny Farwell "-~ If town builds it, they're going to be liable for it. Jerry '- Yes, that is correct. And, if it's not a town Road then we can't build on it. Look into it. Al Rosenow"' look into the status of the street first to find out if it's county, town, or private property. Dave Markert "' Can understand the situation for the guy, but also understand that he bought the property knowing the situation that it was in, prior to his purchasing it. I think we might be opening a big bucket of worms again. ZONING/PLANNING BOARD"' Community (women) ".. Regarding the Town Zoning/Planing Board. When Town Clerk read back the December minutes, it sounded to me like it said that the town has to Petition to keep out the Zoning/Planning Board. Donny Farwell "' Yes, that was not a legal meeting. Was not advertised as a Public Hearing. Community (women) " How do we, as the people, deal with this; what is our option? Jerry "~ If the town board started to initiate the zoning process; is that what you're talking about? Yes. Strictly up to the Town Board. What they do, is they would appoint a Zoning Commission to formulate a zoning law; that's how the process starts. This is independent of the planning board. Planning Board is a different function even though the Planning Board can become the Zoning Commission, but the Zoning Commission is a group of individuals who are appointed by the Board, to come up with a draft proposed zoning law. And to hold public hearings and do all research and so forth and come up with a law, and eventually, turn over the Board after they've finished. Once they do that, the Zoning commission is no longer in existence. Then, it's up to the Board to determine whether or not to adopt a law. Community (women)'~ So, is it my understanding, that without our knowledge, the Board could appoint either a Zoning or Planning Board. Jerry "' Well, they can do it at a Public Meeting. So, it has to be brought before the public before it's actually enacted? Not for any kind of vote or anything, but all of this activity takes place at a public meeting; just like tonight. In other words, it couldn't happen without being announced at a public meeting. Funny thing about Zoning that people cannot ever get over is that the a community can only influence the process through it's elected officials; if this group decides to initiate a zoning law, they have the power and the authority to do that. Regardless of what the community thinks. Only people to vote on the Zoning Law, would be the Zoning Commission initially, and then the Board would be the ones to vote up or down on the law. The Community never votes on that. Community (women)'~ Need to make sure that we have people on the board that are going to do what the public wants. Jerry '~ Law specifically prohibits a Referendum on zoning (people do not have a vote). Planning Board is a different function. The establishment of a planning board is also done by the Board, © their discretion. Board may establish a Planning Board; the Board functions under the provisions of the Town Law. The only time that there would be a public hearing is if the Planning Board recommended to you, for example, that you adopt a law dealing with whatever. Community Question "' If the town Board does appoint a zoning commission board, there the ones that have the public hearing; is that correct? Jerry "' yes. Regardless of what is said by the public © that public hearing, they can still recommend that any correction that they want to, to the town board. Jerry"' that is correct. Community (man) '- so what you say may or may not be listened to. Jerry "' That's right. Jerry"' Board is not bound as to what people have to say; Board may act as they see fit. Stan"' I thought this was all tabled in November and that it was spoken that it would not be brought up in the future. Jerry -'.' before you came in tonight that subject was addressed. Rev. Wolfe I'd like to talk about the AIRPORT. Used to go t Bradford Airport. Real municipal airport. You had toilets; a place where you could eat you get a meal just like Friendly's or Perkins; and, I noticed up to this airport, there used to be a luncheon in there, they did have services, but then they gave that up and then they put signs up" KEEP CLII" all over. That place hasn't been a municipal airport in about 20 30 years. I think there's the grounds for saying there's no obligation for this town to stick with our contract. What's aggravating with this is that the money over the years that you town folk at least 400,000.00 dollars; your taxes have gone for nothing for there because that's what they should have paid and done something with that area. That was the whole point of giving them tax exemption; is that they were going to make it into something good for the town and for the city. And, in actuality, the County gets a benefit and the schools get a good benefit and we're getting left out in the rain. And I think everybody knows this '.-' they're tickled about it; and that's why we have to go through with this and see what we can find out. Rev. Wolfe '- What is the status of the OLD DUMP © the head of Brown Road. Al Rosenow"' have no idea. I know it belongs to the City of Clean. Rev. Wolfe '- I understand there's still a lot of toxic stuff in there. Jerry " last I knew, that was still being monitored. They have test wells where they take samples on a regular basis. City still paying to have monitoring done. CLOSE OUT ThE PUBLIC COMMENT.