Town Board - Regular Meeting

Good evening. Welcome, everyone, to the meeting tonight. We'll call the meeting to order and start with the Pledge to the Flag, please, Dan. Before we start tonight, I would like to request that courtesy for speakers, if they stand up, please keep comments and such to yourself, certainly, to respect anybody that wishes to get up and speak and has something to say. Tonight, though, at least there's sometimes you get a chance to do something that doesn't cause a lot of consternation or problems and is actually enjoyable. And tonight we have a proclamation by the town of Shelby in recognition of the 100th birthday of Roland Martin for 50 years of service. This proclamation dated as the 14th day of July, 2026, saluting Roland J. Martin in recognition of his 100th birthday. Of course it's not quite, it's August 9th, but whereas Rowland was born August 9th to Charles and Ethel Martin in the home he has lived in most of his life, whereas he attended school in Medina in his senior year, joined the U.S. Army in 1945, whereas at the end of the war he continued to serve as part of the occupation of Japan, Whereas he married Alice Knights in 1956, they moved to Martin Road where they raised their two children, William and Margaret. Whereas Roland has been a lifelong resident of the town of Shelby and is the fourth generation to farm his family's land. Whereas he served as trustee on the session of the Medina First Presbyterian Church. Whereas he has lived his life as a man of integrity, kindness, and he continues to inspire his family and all who are lucky to know him. Now therefore, the town board of the town of Shelby hereby salutes Roland J. Martin, who will be celebrating his 100th birthday on August 9th, 2026. As a supervisor, I hereby execute and deliver this proclamation on behalf of the board and the town of Shelby. To begin with a public forum regarding agenda items only. Do we have anyone that wishes to speak about agenda items only? Okay, if we could, could I have the highway report?

Another month has passed. We have been busy. Cemetery grades have been leveled, seeded, straw placed on them, and after a few showers, the grass for the most is doing rather well. We assisted the village in hauling blacktop, did our required lead copper samples, continued roadside mowing, have hot patched most of the potholes throughout the town. Went through the town with the Harley rake. We have a good stretch repairing our roads. Water works is sealed, waiting for shoulder material to be applied. Creek Road is sealed, again, waiting for machine to put down shoulders. Hopefully this week yet. Material is screened and ready. We sealed Harrison, Edwards, put two course application on Letts Road, sealed Jackson. I'm anticipating still to seal Sour Springs, Hemlock Ridge, and Greater Pave, Wheeler Road yet. Had a large white birch tree at Mount Pleasant fall, cleaned it up. That makes two so far this year. Did our quarterly water reach. The bills will be out soon. Hull blacktop for the county. There was an incident where damage to the building happened. Yesterday I received the estimate of 16,500. A claim was called in last month. There was an MVA on County House Road last month resulting in fire hydrant replacement. Waiting on the sheriff report to call the claim in. Help Clarendon, Ridgeway, Berry, and Kendall with their road work. Machinery maintenance have had two incidents of hydrant tampering. Niagara County water was alerted. Waters were flushed and caps secured. Driveways and cemeteries were repaired. I'm waiting on soup coat to come and fog seal Mount Pleasant. Hopefully this will stop the erosion. Responded to an oil spill on Salt Road with Shelby Fire. Shelby Stone assisted in spreading lime and grit to the affected area. We tracked it in and groomed it off. We are fortunate to have them as neighbors, always ready to assist if needed. Thank you, Tom. Met with two residents and acquired tree removal forms. This should make a big difference on some problem spots. Thank you, Jim and James. Did many stakeouts. At a few funerals, as most know, we lost a huge Shelby supporter, Dave Green. Few people put in the years of community service that he did. You will be missed our condolences to the Green family. And as always, the never-ending stacking of e-waste. Thank you.

Any questions for Dale?

Yeah, I got a couple. Let's see. I see a mowing tractor was sent out to replace their dirt discs. Did they put a warranty on that also?

I didn't hear.

The rear disc brakes on the mowing tractor?

Yeah. Yeah. It's back in Elvian. He has looked at it. And basically we have deemed it's the master cylinder. Nothing that he did.

Also, there was no warranty on that.

The problem, it seems to be the master cylinder, which was nothing that he worked on.

Another question. I see Sukkot does a lot of tire chipping and all that. Do we get bids from any other companies at all?

There's only one other company that does it in the area, and Sukkot sells them the product. So Sukkot is basically the cheapest and got the most equipment.

So there's no other company?

There is. It's called Midland, but they buy the product from Sukkot.

That's all I got.

Yes, so go back to the mower. Are we still using Barry's mower then if ours is in the shop?

No, we returned it. They wanted it back.

Okay. And do you have an update on the accident that happened at Burger King?

I do not.

Was that submitted to insurance?

It wasn't gone through my office. I believe Jim had... The one Rusty was in at Burger King.

My understanding is that you were going to supply the information and get that to the insurance company. You got the photographs, you had the police report, you got all that.

I had not gotten any of that. If you have it, I would like it shared and I will take care of it.

I thought it was all in your lap. Nope. You know, the insurance company contacted us, and they did receive that information. You did not supply it to them?

I didn't have it to supply it to them. I will as soon as I get it.

There was a note, I guess, on an invoice from ACT Equipment Solutions, and it said when you can find truck and trailer. What does that mean?

ACT is the company that did the work on the mowing tractor. I'm not sure what he said or meant.

Okay. Also, there was on the unit.

I know what it was. Okay. It was to move it to them when I can find the truck and trailer.

Okay.

To load it and take it to them.

Okay. Like we couldn't find our truck and trailer?

Our truck with the pinhole hook that would pull that trailer is in Rochester being repaired.

Oh, okay. You dig that the invoice says April late positive response, May late positive response. Those are what the charges were for. What does that mean?

I can ask CJ when he comes back.

Okay. Because I guess the way I would read that is we didn't. do the call out in time, because it says late response.

I believe it is, I believe it would be in reference to our response to a UDIG.

That we called it in later than?

No, no. Our response to one. Say Verizon, National Grid, or somebody else put in a request, it comes to us. and it needs to be cleared within three days. It might have come in on Friday, which would put it in service on Tuesday, and it might not have been responded to. I will have to check into it.

Okay. Also, there was, in the water fund, there was a hydrant repair. Are hydrants $4,300? Yes, ma'am. Oh, okay.

It should be get billed to the insurance company as soon as I get the information from the sheriff, as I stated in my report.

Okay.

That's it for me.

Thank you. Our... major road we take to town is, of course, Water Works. And the north and south end of those roads are a tarred mess from the heavy truck traffic. Are we gonna put some, you mentioned there was some fine chips and stuff put down on Salt Road after that oil spill. Is there something we can put on that so that tires.

We can put some grid down.

Tire isn't tracked everywhere and people's,

I say we can put some grit down, but everybody was gone last week due to the holiday. Excuse me, came back to work Monday, and we've been paving since. I don't have anybody. I got one MEO that's off for the week. Okay, as long as we tend to it.

Okay. And I understand there's a request been put in for a new sign for the e-waste building, so people have an idea.

They did not deliver them the last time they picked it up. They were supposed, the e-waste company that picks it up had all new signs made for there, and they did not ship them when the truck came out.

All right. That way it might consolidate one day. bring stuff other than willy-nilly.

Well, they moved to the old Crossman Arms way south of Rochester, so they're not close in Brockport anymore. I would have gone to get them. Okay.

Thank you.

Dale, you mentioned you ran the Harley rake around the town. Is that done? Yes. I know I keep asking this, it just seems like we don't have a good policy on notifying taxpaying public that the town will take care of areas that get pushed back. An example, the house on the corner of Blair and 63. Pretty significant pile of dirt there, probably. I'm going to guess two feet tall.

It's not two feet tall, but it is a good hole.

What I'm getting at is they hired a landscape crew to come in and knock that down and seat it because either they were tired of waiting for the town to do it or they weren't aware that the town provides that service. So just thinking forward, if you knock a mailbox down, I assume you're probably going to get a call from that homeowner. may not necessarily get a call for, you know, pushed up lawn. So is it, are you relying on the MEOs to say, hey, you know?

No, they go out in my direction and I've had it on the list for two months.

I'm just saying, and identifying areas of concern.

Everybody tells where they dump off and where the problems of concern are in their plow routes. Okay.

Anything else? You don't have to come back up. No, you don't have to come up. Could you please just send us a copy of your report before the meeting just so we don't have to take notes on what's in there?

Thank you.

The assessor was not able to be here tonight and provided us with a report for July. 27 homes on the market. 18 out of the 27 homes are pending. One home sold in June. The final role has been posted as of July 1st. And my office is catching up on transfers and building permits. The planning board meeting was canceled, so there's no need for a monthly report on that. The code enforcement officer was not available this evening. His report is he worked 10 days, 80 hours. Three building permits, year to date 14. An FYI, final inspection and certificate of occupancy issued for a new home Furness Parkway, building permit for a communication tower issued to North Shores Network for advanced broadband network in Orleans County. Building permit issued for a new home on West Shelby Road. Violation letters, six were sent. Five for property maintenance on cut grass. One for not obtaining a building permit for a swimming pool. Sincerely, Dan Wolf, Code Enforcement and Zoning Officer for the Town of Shelby. At this point, I'd like a resolution to approve the Town Clerk Report for the month of June. So moved. Do I have a second?

Second.

All approved?

Aye.

Aye. Aye.

Aye. Aye. Aye.

Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.

Aye.

Aye.

Aye. Aye.

Aye. Aye.

Aye. Resolution to approve the public hearing minutes of June 30th to vote on a referendum to abolish the elected town court position and create a hired office. Do I have a motion to approve those minutes? So moved. Can I have a second? Second. All in favor? Aye. Resolution, approve the public hearing minutes on June 30th, vote on the referendum to abolish the elected highway superintendent position and create a hired office. Can I have a motion? So moved. Second. Go ahead. Second. All in favor? Aye. Resolution to approve to pay the claims against the town. Can I get a motion, please?

So moved.

Second. All approve? All in favor? Aye. Resolution to approve the supervisor report. All in favor?

So moved. So moved.

Second.

I have a question. Yes. Please. We still look kind of high in the general fund. In terms of expenses? No, as far as cash on hand.

Well, at some point, we do have to move checking accounts. set up. Oh, you do? Okay. Okay. And so we will be moving the money once we, okay. And so that will become clear as to which ones in which account.

Oh, that's right. Because that's a combination. That's a combination. Sorry. Yeah.

Yeah. We just got the checks the other day. The accounts are set up. Um, so, and, uh, as part of that too, we set up a, um, which you'll see on these coming up is a, uh, fund. for the escrow funds for the solar project at Hemlock Ridge. And I think I copied you on a letter that I sent that out the other day. And that is to provide fees for legal and engineering that the outside firm will be paying for. Little background on the next one.

All in favor of the supervisor's report, can I have a motion, please? Aye.

Second. We have that already.

And then, okay.

Okay, good, okay. Can I have a vote, please?

Aye. Aye. Aye. Aye. Thank you. We have a resolution to support an increase for town services for snow and ice control and mowing. Just for background information, the county highway superintendents have for some time approached, trying to approach the county for We have a contract with them to mow the county roads and to plow the roads. That contract ends at the end of this year. The highway superintendents were looking for an increase of 30%. They were finally able to secure a meeting and present data to Jack Welch of the county along with Greg Lane, the highway commissioner here in the county and two members of the legislature with data about what the costs were associated with the townships plowing the roads. It's quite obvious from the data that they produced and the same for the data that Dale filled out the sheets that even 30%, which to me originally seemed like a lot. But when you look at the other cost increase that we have across the board for fuel, cost of trucks, and everything else, that 30% may not even break us even. However, at this point, we're looking to support the highway superintendents in their request. So we have a resolution here that all of the towns are approving and sending. It's a resolution in support of increase for town services for snow and ice control and mowing. Whereas the County Highway Superintendents Association has met and documented current costs to the towns for snow and ice control and mowing of county roads, and whereas the highway superintendents and supervisors board members of each town did meet with Orleans County on June 30th, 2026, and presented said document documented current costs, and whereas it was determined that a 30% increase in payment to the towns for snow and ice control and mowing of the county roads would relieve the towns of the cost from their budgets due to the five-year agreements rates being paid. And whereas in addition to the 30% increase beginning January 1st, 2027, the town proposes a 5% increase or increase or the yearly consumer price index percentage increase, whichever is higher, for the remaining four years of the five-year contract. Therefore, be it resolved that the Town Board of Shelby hereby supports the highway superintendent's request for a 30% increase in rates with a yearly increase for the term or set agreement, as determined above from the Orleans County upon agreement renewal that is due to expire December 31st, 2026. Can I have a motion to approve that resolution in support of the increase request?

So moved.

Can I have a second?

No second.

I have a couple questions.

Absolutely.

All of the towns in the county are submitting this?

Yes.

And kind of like the request for an increase in sales tax, does the county have the option of just simply denying it?

Sure, I guess. I think there was, at times, and I'll be very honest, the meeting was contentious at some points. There were a number of supervisors there, all the highway superintendents there, along with some other highway employees. Jack Welch said that it was the first time they had seen the data and the information. and that he requested to have some time. He was going on vacation. We get back to us August 7th with information about what the county might or might not do. At that point, we'll have to take it up again. I think that as we passed a resolution a month ago to cancel the snow and ice contract with the state, there is always an option to say we won't do it anymore. I think that's an extreme step and it certainly would be, I'm not sure it would do a great deal of service to the town people because the county does not have the equipment or the manpower anymore to do it. They contract everything out. I think that we have a good case. We'll have to see how they come back August 7th. But I think it was a pretty unified front. by the superintendents and by the supervisors. And as I've seen, just about every board has gotten this in already. And they all claim they will get it into the county in support of this. OK. It's good to hear. So we'll give it a try. All right. Thanks. Can I get a motion in support of the resolution?

They already did. They did? They already did. OK. Got interrupted.

All in favor? Aye. Resolution to vote on the referendum to abolish the elected talent clerk position and create a hired office of talent clerk.

We need to actually adopt the law first, right? You adopt the law, schedule the referendum.

But it can't be a law because it has to be an interim law. It can't be a law. Yeah.

Right, but they can't really. It's got to be on the ballot. You know. You can't create a real government without that. Not in time. You have to adopt the law first. Exactly. You have to adopt the law. The law has to be there. Right.

Okay. So we're going to have to rephrase this. A resolution to vote on local law. Again, provide me the wording if you would please.

To adopt a local law subject to referendum to be held.

Resolution.

Yeah, I'm okay. Resolution to adopt a local law subject to a referendum to abolish the town clerk position and create a hired office of town clerk. What?

I got my shorthand. All right, let's do it again.

Resolution to adopt a local law subject to a public referendum to abolish the elected town clerk position and create a hired office of town clerk. Okay.

Do you want me to get that number right now?

Just so it's clear, it does not become a local law. It is an interim local law. It does not become a local law until the referendum. And if it's approved in the November election, it becomes a local law. Until then, it is an interim law. As such, it will be on the ballot. If it's accepted tonight, it's passed, it'll be on the ballot for the November election. So at this point, it's just an adoption of to go on the ballot. of an interim law. Can I have a motion on that, please?

So moved.

Second? Second. I think on this I'd like a roll call vote, please. Roll call, please. We're having a little trouble here tonight, so please forgive us. It's the heat. It's the heat. Oh, boy. It's been a very long day. I'm sorry.

Roll call vote, Ed.

Yes.

No, we're voting on the law at this point. We'll go through it.

You're adopting the law subject to the referendum. Yes, if there's discussion, you should have discussion before you vote.

All right. Any discussion?

John? I'll...

I'll do it at the end and cover both of them. Okay.

Okay, roll call vote. Ed?

Yes.

Linda?

Yes.

Larry?

Yes.

And John?

Yes.

And Jim?

Yes. I'll see if I get the wording right on this thing. Okay. Resolution to vote on a To adopt a local law subject to referendum to abolish the elected town highway superintendent position and create a hired office of town highway superintendent. Any discussion? Can I have a motion?

So moved.

Can I have a second, please?

Second.

Can I have a roll call vote, please?

Ed?

Yes.

Linda? Yes. Larry?

Yes.

Doug?

Yes.

And Jim.

Yes.

At this point, open for board comments, please.

Okay, I'll do this commentary on both these local laws. I've heard a lot about taking your vote away by changing to a hiring system for the town clerk and highway superintendent. Well, in my opinion, it will be exactly the opposite. You will have a choice when you cast your ballot in the election in November. You can vote for or against this. The board believes you will get the most for your tax dollars by voting for this change. This is what the board was elected to do. Use your tax dollars wisely. That's why these propositions have been put forward. But if you are happy with the current system as it is, vote against it. It is the taxpayer's money we are spending This is taxpayers' money we are spending, so tell us how you want us to spend it by voting in November.

Thank you, John. Any other board comments? Not to me.

Yeah, I do. I got one thing here. I'm not sure, correct me if I'm wrong. We got an email last month regarding the DOT study, the Salt Road speed limit.

Yes, that's correct.

Yeah, we never, I don't think we announced it.

Go ahead.

They did a study on Salt Road because people wanted the speed limit lowered. And they came to the conclusion that it wasn't warranted to change it at this time. And then another study was done on Route 31, which people requested in Bates Road. either a speed limit or a light or something by the ethanol plant there and they came up with the same conclusion. The DOT says it's not warranted at this time, so. That's all I've got.

All right, thanks, Ed. Any other comments? Okay, we'll open it for public comments. Since you're right at the top of the list, you might as well stand up there and make your comments. John Ferrara.

I've asked to have my water tested at my house because there has been no flushing at the Burness Parkway, which is at that end, a loop around. The previous supervisor used to do it two, three times a year and take a reading, everything was okay. The new supervisor, it has not been done in two years. I foiled this, 18 months it was all redacted, but you could see in there where district two was not even on there through the redaction. You had to put it up to the light to see everything. So, and I run into the water super intended several times and asked him, and I know they've been busy with the roads and share service and everything, but he has assured me twice. I'll be at your house next week and all I'm asking is for him to come and test my water at my house. because it has not been flushed. And I've been up there since 06. And gospelly, the old supervisor used to flush it two to three times a year. And all of a sudden, now we're just not flushing? And what was this, they tested for metals. You said they tested water for metals and that in your report. But all I'm asking for is a water test. Come to my house, I can go in my laundry room, bathroom, I want a water test, I wanna know what my water is. Because it has not been flushed in over two years. And it's not that I wanna waste water flushing, but I wanna know what's coming in. And I know you get the report through every year from Shelby that your water's okay. Well, you know what? It's been two years, I want my water tested at my house. That's all I'm asking for. So could you set that up there with CJ?

I have mentioned it to him many times.

Okay, I will call him.

The only thing that we can test is chlorine. We cannot do any other test than chlorine test.

No bacteria, none of that?

That's why it goes in through your top glass four times a year.

Okay, I just, anyway, what a test. The old supervisor used to come out and test at the fire hydrant and have to write everything down. Chlorine test.

And the lack of chlorine, though, could create bacteria.

Could, but that district has never been a problem. It's always high. It's usually 0.3, 0.2 is acceptable.

0.22 or 20? 0.2. 0.2, okay. But I just, for my own, I want it. Could you please have them... Or I'll call him personally again. Okay, I'll give him a call next week again. And one other thing is I went out to see my buddy Jimmy's grave. What's going on with these cemeteries? They're this high. We went out there today. There's people that are visiting their graves, picking up sticks, leaves, and both of them. And, you know, what's going on?

It's a fair question, it's been a subject of discussion this week. There has been a great deal of miscommunication between the highway superintendent's office and the accounting office. The contractor. who has been doing a good job on the cemeteries, we contracted to do it, was frustrated with non-payment. One of the invoices was turned into accounting late. There had been a request for that payment. Unfortunately, we have to cut off invoices being paid So that we can get them together, get vouchers and have them inspected by the board. When the deadline was missed, the payment was not received by the vendor in a timely fashion. He sent an email to the highway superintendent who was in charge of the cemeteries. Apparently that email was not received because it was quarantined. Certainly some disagreements on how that should have been handled between the highway superintendent and the supervisor. I can tell you that it has been resolved with the contractor. I talked to him Monday, yesterday. He's back on the job. It'll take him a little bit to catch up. Management of the cemetery still remains with the highway superintendent. However, I have asked the contractor for the mowing and maintenance, at least the mowing and weeds, to come to me directly, and I've given him my cell number. I take it seriously. It's a shame that it happened. And he has, like I said, he has my number. I'm not going to take over handling the rest of the cemeteries, but to make sure that the contractor, at least we don't have another issue. So in my mind, it hopefully will be taken care of. He was busy. He's going to try to get into them as soon as he could when I talked to him yesterday. Okay. So that's where we are with it. Yep.

I received the email from that contractor June 1st, and I believe I forwarded it to Diana June 2nd.

10 o'clock at night on the second after you knew the deadline was the first. She had informed you that the deadline was the first for us to get it paid in June. It should have been then brought to our attention immediately that that was a special case or some other way we could have gone through and I could have gotten approval. Dale?

I do not stare at my emails all day long.

Well, that is part of the communication and you know that when we tell you that these things have to be in for the board, to process the payment, it should have been done. A day later at 10 o'clock at night is not a time that's going to be processed. I'm sorry, it just doesn't happen that way. If there had been an issue, I also don't understand how it could go almost two weeks that it didn't get mowed and you're in charge of the cemeteries and you didn't notice it. A lot of other people noticed it and they came in my office.

I was on vacation the 4th of July.

Well, then somebody should have notified you because they notified me when I was on vacation.

When did the board receive that email from him? Last week. I did not get it, as you well know.

No, I got a phone call.

Did anybody share that with me?

I didn't see it until I got in here on Monday. But, again, other people noticed it before they even saw the email, before that even came up, already were getting complaints about the status of this. You're in charge of the cemeteries, I'm sorry. You should have been made aware of it by just the fact that the weeks, as he's talked about, for two weeks were getting high. I'm sorry.

I have a question. Are the department heads or people that approve invoices, are you not telling the vendors that all invoices are to be emailed if they're emailing? All invoices are to be emailed to the accounting email? so they're not going directly to the department so that Diana can keep track of what's coming in.

I would have assumed when the contract was written and it was signed by the supervisor and all that might have been taken care of, but no, I did not.

I would tell everybody, not just you, but Darlene, anybody else that approves them, the judge, don't assume. If you're getting an email with an invoice attached, then clearly that vendor doesn't know. So you should respond back to them and tell them, please communicate with the accounting. That way this isn't gonna happen again. And just a thought, Diana, that maybe going forward for the next couple months, three months or so, do a slip of paper in every check that tells them to please send all invoices and any invoice communications directly to the accounting email. That way you're, because you do look at your email all day. Maybe we can circumvent this from happening again.

Any other comments or questions I got on the sign up here? Alan Bushover? Well, it's good to see you. If there's no other comments, If there's no other comments, could I please have a motion to close the meeting? So moved. Can I have a second?

Second.

All in favor? Aye. Aye. Thank you all for coming. I appreciate it.