Town Board - Regular Meeting

We're going to have the meeting. Hold on. Hold on.

Perfect. Well, you can keep working on that. I got a big Oh, welcome to the town of Shelby, but the camera is not live. All right, we will start the meeting officially with the pledge of the flag. I aliance to the flag of America to the stands. One nation indivisible and justice for all. John Pratt has the flu

and Charlene's in the hospital with the flu. So, this is this is who we've got to hopefully make it a fairly short meeting. Um, all right. We've got really got the pledge of allegiance, I guess. Is anybody in the public has any comments? anything.

Well, on at this point with this meeting, if you've got something, then come on. Everything though has to be on the mic at this point. I tried to watch the last meeting and I couldn't hear anything you said.

Yeah. Well, that was because all the

all the batteries were dead. We've got to find microphones that we can recharge. This this 9volt battery business is is for the birds. Uh these microphones are used by us uh by the court and by the village now who comes in and does their meetings. Uh so these 9volt batteries are not holding up for all of those meetings and it's an expense that I think we can do without. But we have a number of items that in this building that need to be addressed. Uh 9volt batteries are on the list and these microphones, but we finding money for any of this yet is going to be an issue. Um so with that, if unless you have something um we have a resolution here and um to authorize the accountant uh to make adjustments in the year end uh budget. Now this is not to add money or to take money. It doesn't create new line items. It is simply to balance the budget if there's items that are in the negative and within the rules that exist for a budget whereby you can only move money between certain categories. The idea is that the accountants would go through with myself and if another board member would like to join that process, I'd be more than happy to go through the budget and say we can move this within the a fund to this to cover it so that it's pays out. There isn't any increase in the budget nor any decrease in the budget nor moving any cash around. This doesn't make any changes. Those are going to be the easy changes. There is still a very large outstanding one that we're going to have a difficulty and I'm not sure yet how to

to to do it. I don't know why that's streaming. Okay. Um just so every and everybody on the board knows this and and I'm sure that you all know it. Um we have two line items with the legal and with the accounting. uh there is not enough money within the budget to move from an item to pay those elements. Um certainly we have attempted for the new budget and with what we're trying to do ongoing to reduce those costs significantly so that we don't run into this problem next year. But it is a problem that we have this year. I did call the controllers's office and discuss this with Lou uh in essence uh none of the solutions that she provided me would work for us. They were suggestions that we already know you could move money around in the budget and I go there isn't enough money in the budget to pay those. At the end of the conversation it was pretty much do whatever you have to. So there's no real guidance from the state on how to handle this. Uh I think that the budget is going to end up being in a rears on those two. We will have paid the bills. We have the cash. Uh I'm not sure there's anything we can do other than that since Lou didn't seem to have a real clear solution for me. If the state comes in and they want to ask questions about it, be happy to turn it over to them and have them decide how we should have handled it differently. Be happy to talk to them. It's a situation that we've inherited. Uh we did not create it. We're just trying to solve it. So, obviously in the budget for next year, we did not put 200,000 in for legal.

Um, but that's what we're stuck with. We're not quite there yet, but it's close. Um, so from that standpoint, I'd like to have a resolution that we can make those minor adjustments in the budget. Um, and like I say, it's would would take the accountants. I would be involved if someone else from the board in part of that I can change the resolution be happy to have them join me uh to make those adjustments in the year-end budget discussion. Yeah, I I'd like to table that until we and I'll tell you when why

the adjustments the I think you should sit with the accounting firm and determine the adjustments and then the adjustments should be brought to the board. We should know what they're moving where before we actually vote. Um I would I would propose that you come in here and work with me on it. I'm just telling you that I I for two years I have denied this request because you you need to know they're going to make the they're going to make the adjustments back in December. Anyhow, that's correct. But but the board should understand what money is being moved where.

I think an explanation could come in before you could authorize. I I understand your reluctance. The last board was somebody that nobody trusted. I'm kind of hoping that we can move forward from that. And if you wish to vote no on it, you can vote no on it. I'd like to put the forward the resolution and you can be on record of denying that. And I'm all open to solutions. Okay. And I I would just I want to say it's not about trust or not trust. It's about setting a precedent so that every board follows the same because this board, you're right. This board is different than the last board. But what if the next board is different again? So that's that's only my I think it's a process that should happen that way and I think that's

in in reviewing every other board around us they they approve this other than I know but I that's a standard procedure. If you want to make a change in that I'm I'm happy to hear it. I'm going to put forth the resolution and we can deny it or we can move forward with it. And uh um I'm open to a second solution. I I will just say one thing. When I spoke with Lou

Mhm. last year about this. She said the board should not be ma passing the resolutions without knowing where the money is going. She said that the the resolution wouldn't be passed until January when all the adjustments were ready to be made. That you guys can do what you want. I'm just telling you what I was told. Already out of the earn by that point. I'm sorry. I mean expenditures are already going to be made by that point. Correct. Correct. It's just that the board understands where the monies are being moved around before they actually say yes to it.

Let's let's change the resolution then and and let's change the resolution so the supervisor and the accountant make the changes in it and then bring it to the board for approval. How's that? Determine the changes and determine the changes. That's exactly what I'm asking for. Okay. Yeah. You got that, Pam? In terms of the resolution. Okay. supervisor and

make those changes to bring to the board for approval. Okay. Can I have a resolution on that? So moved. Have a second. I'll second. Do a roll call, please. Pam, roll call vote. Ed, yes. Yes. John, yes.

Jim,

yes. I'd like to hear a resolution on approving the road use agreement. Uh let me go through a couple of things on that before we we do that. Shelby has already um signed and authorized with a host agreement. So we are party to this process already. Uh this is a New York state pushed item in the Hemlock Ridge area. A very small portion is in Shelby and quite frankly we have almost zero um decisions to be made on this because the state is pushing it. It's over 25 megawws. The state wants it and that's where it is. Uh the road use agreement is just one small portion of this. Uh Barry has already signed it. I made one slight change in it and asked they had uh one element in there in 6C that said if there was road damage that was imminent was imminent danger to the public that they would fix it in a reasonable amount of time and I said I didn't like reasonable. Uh so any danger that is uh found that we feel is an imminent danger to the public, they have 24 hours to fix it or we fix it and bill them. So that's that's the one change I made.

Everything else is pretty standard in terms of how this will be handled. I've already discussed with Dale um what roads are being would would be utilized possibly and it's not even a 100% thing. We have documentation on those roads. They were just um they were just resurfaced within the last couple of years. So we have complete documentation on what materials were used, the cost uh and the status of those roads. In addition, prior to any movement, uh we will have that all videoed uh and have that in in our pockets so that we have uh video documentation of those the roads and their existing conditions. Nothing will happen on those roads anyways. Part of the agreement calls for an engineering firm to be hired to do a site survey on those roads. Um we have approval of the engineering firm. So when it comes into play, we can say yes, that's an engineering firm we can live with or not. They will do a site survey of those roads and come to us uh with those. any improvements and there may need to be improvements made to those uh they will be paid for uh by the company not by the town. All legal fees uh are held in escrow. We'll have money in escrow for that and for engineering so that the the hemlock folks will be paying for all of the engineering and legal. uh and we will have something to say about any any road improvements uh through the site survey. So nothing's going to happen on th on those elements without that. Um so from my standpoint having been through it, the lawyer has been through it, Dale has been through it. Uh you guys have had

copies of this for some time, I would propose I'd like to hear a resolution to pass this. I'd like to get it passed so that we can move forward with it. We are already incurring some legal fees that I would like to get paid um for out of those escrow accounts and we can do that once we approve this and the escrow money will put in the first day they cut a tree. So at this point until that happens um we're you know that's where we are with this process. So if I could have a resolution to pass this. So moved. Second the motion. Could you do a roll call, please, Pam?

Yeah, I got I got question couple questions. Uh there's uh County Road 99. Where where I mean that's a county road. What are we uh that's not the Shel's responsibility, right? That's correct. Okay. Then you got West Shelby West Berry Road. Uh, I've never heard of I mean I know West Berry Road is a street but or road but I've never What it is is that that all of those roads are named that are in Shelby where they may not necessarily be doing actual work but you know bringing stuff in on West Shelby Road which probably on the intersections will require some updates. Okay.

If they're going to be if they're going to be running big equipment around the corners on those roads off of off of East Shelby Road. Uh that's where the site survey comes in and that's where we have the opportunity uh to agree or disagree agree and demand more at that point. Okay. There's a couple other ones here. Burns road is in Barry. Crane roads in Barry. I mean we No, we're not responsible for those once they're out of our county out of our area. So this is our this is going to be a resolution for the Shelby roads. Right. That's correct. you. So, I mean, it's the same agreement that Barry signed. They're responsible for Barry's roads and and

what the agreement is is that the if you read through it is that Shelby is respons and actually they're just responsible for all those roads in Shelby and in Barry. Now, who's responsible for that at both towns? The company. Oh, the company. All right. And then East Well, East Shelby Road, that's a county road also. Okay, I understand now. Hey. Oh, that's all I've got. Okay. So, we need a second or we have a second. Can we have a roll call vote, please? Call vote. Ed, yes. Yes.

Yes. I'd like to before we finish the meeting, I kind of wish that this had been broadcast. We're we're struggling with a a number of items. You you very much anybody here and the people on the board recognize that. Um but I would like to thank John Massiti. He won't be here for the next meeting. I would not have been able to accomplish anything without John stepping in. Um, I ran for office. He volunteered. That's a big difference. And it's had an impact on him in his personal life, certainly as this job would for anybody. So, I'm going to miss him. um hopefully he stays in contact with the board and um offers us advice or counsel when required or asked. Uh but John, thank you.

You're welcome. And I've enjoyed working with you and I've learned a lot and for the most part I've enjoyed being here. But it is alarming. There are some issues that need to be fixed and I think we're all aware of them. And uh the process there needs to be processes in place. The time clock has to work. Uh we need better bookkeeping uh skills. So but other than that, I've enjoyed it and uh appreciate what you do. I've worked hard. As I said before, you've worked a lot harder than I have, and I think it's hopefully this doesn't take a toll on you and doesn't become a full-time job for you. So, thank you.

Yeah, I al also like to thank both of you for all the work you guys did. Thank you.

I echo Jim's comments, John. Thank you very much for stepping up. It was a very rough time when and very quick when that all happened. So, we appreciate that. And I think both of you have realized now from sitting in the audience and coming up here, it's a a completely different um situation than most people in the public can understand. So, it's not an easy job. Hopefully, it shouldn't be that difficult if things are done and processes are set up. So hopefully this board can get that done and make it better and easier for the for the next board that comes in. Thanks, John. And and you're welcome. Yep.

One last comment. I think everybody's got to elevate their game, the people that work here, the board to get things done. So, uh there's a lot that needs to be done. Thank you. So, for just for the record, our next meeting is next Monday. Um, I'll try be working on an agenda. It's we will have an executive session prior, as Ed is reminded, we will open the meeting, move into an executive session. We have a new board member joining us. Um, Ed, you and I, and Larry, I believe, have to be sworn in. I've made arrangements for that. And then part of the organizational meeting requires we'll need because we've not met before. Uh the board will go into executive session and part of that just so is a matter of public record. There's nothing really all that secret. We need to decide uh for ourselves who's going to handle what responsibilities for the board. And once we've done that, of course, that'll become public information. But we the board needs a few minutes together to get to know each other and to make some decisions about who's going to carry what load because it's it's way more than one person can handle and I look forward to working with them and diving up the tasks. So that's what the next meeting will be. Um and a lot of decisions will be made there that we certainly it's it will be made public as much as we can. Uh any comments at all at this point?

Yeah, I got a comment. Uh is that going to be at 6:00 p.m. or uh 7 p.m. like original? Well, you you had made a a a decision from what I could tell in that YouTube was a decision made to move it to seven. Yes, it was. Yeah. Yeah, we voted on that. I think and go ahead. I just want to go on record that I think there was a mistake in in the last meeting. Mhm.

I owe I'm the one that asked for it to be moved to six o'clock. So for I I believe somebody had mentioned that, you know, it was changing it to seven would benefit myself and another board member who still working, but I my preference is to keep it at six. I think the crowd that comes, especially in the winter, it's um it's e to come to come out earlier and get home earlier. Um so I I don't know. Well, I don't remember cuz I couldn't tell from the meeting whether it was a definite change or not, but it was voted on. It was okay. Well, we can change it though. We have a quorum here and I don't have a problem. If if you if you would like to put forth a resolution to move it to six, I'm fine with that. Go right ahead.

Well, I will do that, but at the first regular meeting, I think it's only fair that the other two board members that are actually on the board have a say in it. Yeah. So, I will bring that up at the first regular meeting. That's fine with me. However you want to handle it, but for but for Monday's meeting, the executive s the meeting is going to start at 6. That's the executive session. We can and why don't we do that instead of starting because we'll start the meeting at 6. Okay. Executive session and then that could take a little bit. That could take a little bit and then the meeting will start immediately after.

That's correct. So we can actually have it at six. All right. And I'll put that on the agenda. We'll get it out there. Um, anything else? You have a motion to close the meeting. All right. A motion to close the meeting, please. So move. Second. Do a roll call, please. Pam,

call vote. Ed, yes. Linda, yes. John, yes. Jim, yes. Thank you everyone. Thank you. a lot more to be done. I'm telling you turn. You're ready to get rid of that, aren't you? 12 o'clock. I'm done. Hey, I got No, no, we could very well.