Town Of Pinckney
 Town of Pinckney Minutes 

May 09, 2017: Town of Pinckney Minutes May 9, 2017

Body:

TOWN OF PINCKNEY

REGULAR MEETING

MAY 9, 2017

 

 

PRESENT:                                                                 OTHER IN ATTENDANCE:

Sherry Harmych, Supervisor                                       Mike Clemens

Don Cook, Superintendent                                          James A Burrows, Esq. CMB&K

Dan Pearson, Councilman

Don Vincent, Councilman

Sandi Dunn, Councilwoman

Bob Amidon, Councilman

Dotty Pearson, Clerk

 

            The May 9, 2017 regular board meeting started at 6:30pm when all parties rose to say the Pledge of Allegiance.

 

            Tug Hill Commission Report- No report this month.

 

            The Clerks Report for April 2017 was presented.  Total disbursed was $9,840.30. (NYS Agric &Market - $3.00,  Town of Pinckney - $663.33,  Lewis County Treasurer- $9,173.97).  A motion was made by Sandi Dunn to accept the Clerks report and seconded by Bob Amidon.

 

            The Financial Report for April was submitted by Sherry Harmych, Supervisor and given to all board members to review.  A motion was made by Don Vincent to accept the Financial Report and seconded by Bob Amidon.

 

            The Justice Report was presented. A motion to accept the Justice Report was made by Don Vincent and seconded by Dan Pearson.

 

            Planning Board-  There were two subdivisions this month for T. Backus and V. Hill.

 

            The minutes of the prior meeting (April 11th) were copied and passed around to all Board Members who were given a chance to review.  A motion to dispense with reading the minutes was made by Sandi Dunn and seconded by Bob Amidon.  There were no corrections or additions to the minutes.  A motion to accept the minutes were made by Sandi Dunn and seconded by Bob Amidon.

 

            Highway Report was presented by Don Cook, Superintendent –

 

  • DOT Chips Forms turned in - $91,390.55

  • Additional Pave NY - $20,860.80

  • Additional Extreme Weather Recovery - $17,774.08 (no FEMA paperwork needed)

  • Open Hanson Agg. Account for cold patch and stone.

  • All 2017-2018 sand on site

  • No dumping signs installed at plow turn around

  • Grader (P6) flat, bad tires replaced

  • Allen Bray back to work driving for us

  • Lewis Nickerson left town employment

  • Mike Harmych out for a time, looking for another part time driver thru summer projects

  • Corey and half of Cronk Roads added 6” rock base and topped with crusher run

  • McGowan Road topped with crusher run

  • Black top end of River Road cold patch, rest of road graded

  • Started tree trimming

  • Bad weather

     

    Entered into agreement for Case Loader-(trade)

     

    RESOLUTION  #63-2017  Authorizing lease purchase of JD Loader

    WHEREAS, the General Municipal Law authorizes a Town to purchase highway equipment from dealers on the New York State authorized list; and

    WHEREAS, the Town of Pinckney Highway Department wishes to purchase/lease a 2017 John Deere 544KII Loader with warranties; and

    WHEREAS, Nortrax, Inc. a John Deere Equipment dealer, located at 1486 U.S. Highway 11, Gouverneur, New York 13642 is on the State list of authorized dealers, and has offered a John Deere 544KII Loader at a price of $34,857.74 ($159,817.74 minus 125,000.II trade for our Case Loader) with warranties; and

    WHEREAS, The Town of Pinckney Highway Department seeks to enter into a Purchase/Lease Agreement with Nortrax, Inc. through DEERE Credit, Inc. in the amount of $34,857.74 (purchase price plus $40.00 UCC-1 filing fee),Payable over a five(5) year period in annual installments of $9502.60, commencing May of 2018, and annually thereafter in March 2019, 2020, and 2021.

    NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:

     

    Section 1.  Town of Pinckney hereby authorizes an agreement between the Town of Pinckney and Nortrax, Inc., for the purchase/lease of a 2017 John Deere 544KII Loader at a cost of $34,857.74, plus interest at  3.500% annually, over the five (5) year lease term, with annual installments of $9502.60.

     

    Section 2. This vehicle is intended for the use of Highway Department and therefore the Board of Pinckney hereby directs that the annual payments of $9502.60 due from 2018 through 2021 be from the Highway Department budget.

     

    Section 3. That the Supervisor of the Town of Pinckney is hereby authorized to make, execute, seal and deliver said Agreement, and such other documents, writings or instruments as may be required to carry out the intent of this resolution, upon such forms as approved by the Town Attorney.

    Section 4.  That the within Resolution shall take effect immediately.

     

                A motion to accept Resolution #63-2017 was made by Bob Amidon, Councilman and seconded by Dan Pearson, Councilman.  The poll of the Board was YEA

     

                James A Burrows from CMBK spoke about Wind Power, Article 10, zoning and public hearings, and the sitting board.  As a result the Town of Pinckney passed Resolution #64-2017.

     

    RESOLUTION #64-2017 Agreement for Road Use, Repair, and Improvement

    WHEREAS, The Town Board of the Town of Pinckney, New York is aware of, and has familiarized itself with plans associated with a proposed Wind Power Electric Generating Facility to be located in the Town of Denmark, Lewis County, New York, locally known as the “Copenhagen Wind Farm,” and

    WHEREAS, The Town Board of the Town of Pinckney fully supports the Copenhagen Wind Farm,

    WHEREAS, deliveries of turbine components and related equipment and apparatus will be transported upon a number of public roads, including a portion of Austin Road in the Town of Pinckney, and

    WHEREAS,   The Town Board has familiarized itself with a proposed Agreement for Road Use, Repair, and Improvements that has already been executed by the Town of Denmark, New York and Lewis County, New York, and

    WHEREAAS,  The Town Board has consulted with the Highway Superintendent for the Town of Pinckney and has determined to authorize the use of Austin Road for Turbine components deliveries and related equipment and apparatus, and related activities, all in support of the Copenhagen Wind Farm.

    NOW, THEREFORE,BE IT RESOLVED, That the Town Board of the Town of Pinckney, New York has reviewed, and supports, the proposed Agreement for Road Use, Repair, and Improvement in respect to the Copenhagen Wind Farm in general, and limited use of the Austin Road in the Town of Pinckney in particular; and

    BE IT FURTHER RESOLVED, THAT THE Town Supervisor of the Town of Pinckney and its agents, officers, and attorneys shall take all steps reasonably necessary to fully cooperate and participate in that process which shall include execution of the Agreement once the same has been amended to include the Town of Pinckney, NY.

     

                This resolution shall take effect immediately.

     

                The foregoing Resolution was offered by Board Member Bob Amidon, and seconded by Board Member Sandi Dunn, and upon roll call vote of the Board was duly adopted as follows

                Supervisor Sherry Harmych -              Yes    

                Robert Amidon                       -                       Yes

                Sandra Dunn                           -                       Yes

                Donald Vincent                       -                       Yes

                Daniel Pearson                        -                      Yes

    Dated:  May 9, 2017                                                                                                              

                                                                                 Dorothea Pearson, Town Clerk

     

    RESOLUTION #65-2017  In Support of Minimum Maintenance Road Legislation

    WHEREAS, It is estimated that upgrading all of the State’s 90,000 miles of county and town roads to meet the American Association of State Highway and Transportation Officials (AASHTO) minimum standards would cost well over ten billion dollars; and

    WHEREAS, THE New York State tax cap is designed to limit locally financed expenditures on roads and public improvements and there is only about $85 million annually available to all municipalities for all purposes in the New York State Transportation Improvement Fund; and

    WHEREAS,  New York State’s Smart Growth Public Infrastructure Policy Act of 2010 is furthered by the minimum maintenance road concept, particularly by maintaining and using existing infrastructure in stakeholder-driven, bottoms up process that preserves, protects and enhances water, air, agricultural land, forests, recreation, open spaces, and scenic areas; and

    WHEREAS,  The New York State Open Space Plan goals and principles are supported by the minimum maintenance road concept by providing a conservation tool for communities to combat sprawl, protect recreational access and open space, and conserve habitat for sustainable ecosystems and traditional rural pastimes of hunting and fishing; and

    WHEREAS, Green infrastructure practices are furthered by minimum maintenance road concept by preserving undisturbed areas, preserving undisturbed areas, preserving buffers, reducing clearing and grading, encouraging development in less sensitive areas, and helping to maintain open space; and

    WHEREAS,  There are many rural and remote areas of the state which can be adequately and safely served with minimal road maintenance; and

    WHEREAS, Local governments are best able to make determinations about local road maintenance needs and priorities; be it

    RESOLVED, That the Town/Village of Pinckney supports the adoption of state legislation allowing town and county legislative bodies to designate minimum maintenance roads and provide appropriate maintenance to such designated roads as provided for in bills SO2537/A00418.

     

                A motion to accept Resolution #65-2017 was made by Councilman Bob Amidon and seconded by Councilwoman Sandi Dunn.  The Poll of the Board was YEA.

     

    New Business –

     

    RESOLUTION #66-2017  To Jointly Administer a Zoning Board of Appeals

    WHEREAS, The Town of Pinckney has adopted a zoning law pursuant to the provisions of Article 16 of the Town Law and Sections 2 and 3 of Municipal Home Rule Law of the State of New York, and

    WHEREAS, Section 267 of Article 16 of the Town Law requires that each town adopting a zoning law shall also appoint a zoning board of appeals to hear and decide on appeals of such law, and

    WHEREAS, The town is authorized pursuant to Article 5-G of the General Municipal Law and Section 284 of the Town Law to enter into agreements to undertake land use regulations in cooperation with other municipalities, be it

    RESOLVED,  That the Town of Pinckney shall enter into the attached agreement to jointly administer a zoning board of appeals constituting the towns of Florence, Montague, Osceola, Pinckney and Turin, and be it further

    RESOLVED, That the town supervisor is hereby authorized to execute said agreement, and be it further

    Resolved, a copy of this resolution and a signed copy of this agreement shall be transmitted to the town clerk of each of the four other signatories of this agreement.

     

                A motion to accept Resolution #66-2017 was made by Councilman Don Vincent and seconded by Dan Pearson.  The Poll of the Board was YEA.

     

                Old Business –

     

                Letters will be sent to two property owners regarding our Local Law 1 (unsafe structure) and Local Law 4 (clutter, litter and debris).  Highway Department will be planting tree on Emily Booth’s property as soon as ground is dry enough as per agreement.  They are also trimming of trees along roads in Pinckney. 

     

                Still have planning board position, ZBA position, Dog control officer and BAR positions open.

                It was discussed about permits being issued.  Several places that are being built must require a permit (place on Murrock Road, Pinckney Road and Marc McAleese on Rt177, etc.).  Sherry will contact Don Mallet codes officer to check the above.

     

                Vouchers were passed around the table and all were approved and signed by the Board.

    Sandi Dunn made a motion to accept the vouchers and seconded by Don Vincent.

     

     

                A Motion was made by Don Vincent to adjourn the meeting at 8:10pm and seconded by Sandi Dunn.

     

     

    NEXT REGULAR MEETING JUNE 13, 2017 @ 6:30pm