Town of Nanticoke Present: S. Ellis, Supervisor
Regular Meeting D. Benjamin, D. Baker, C. Forkey
5-15-2007 7 p.m. S. Whittaker- Councilmen
Also present were: Glenn Simpson, Eric Scully, Gary Smith, Rosemarie Yesalusky, Freida & Bill Struble, Jamie Elmore, James Elmore.
Motion by Benjamin, Seconded by Forkey, Carried
We do hereby approve the minutes of the April minutes with the following corrections:
On page 1: Under Joanne Smith and Beautification Group, Mr. Elllis asked for a copy of the letter to put up flags for the town.
Also to talk to the Attorney to see if the highway could help as far as insurance went and if we needed a waiver for such.
Pg.2 Discussion of the sex offenders law was from the Town of Chenango.
Correction to say 401K not 501k of the Deferred Comp plan.
Vote: Benjamin, Forkey, Whittaker, Ellis 4 ayes 1 absent
Motion by Forkey Seconded by Benjamin, Carried
We do hereby accept the Supervisors Reports for the months of March and April, 2007 as read.
Vote: Benjamin, Forkey, Whittaker, Ellis, 4 ayes 1 absent
DEPT. HEADS:
Justice Struble told of the numerous dangerous dog calls the town has been receiving. Both sides present their case. We have had the town attorney on a case which he felt would be done by the dog control officer as the prosecutor. The Town of Maine does it this way and he would like for the town to get information on their procedure. They present their story and call witnesses if they have any. The Judge cannot get into being a prosecutor. He has had a case that has been on going for 3 months and with the attorney handling it the town could be in for more charges if it goes to trial.
The Town Justice also received a grant and did not use all the money therefore, it is being returned to the State.
Town Clerk reported that the software company BAS is updating their data base to SQL and will cost around $700.00. There was a discussion of looking at other programs, mainly Williamson Law Book for a price of $1000.00. The Town Clerk will check this out further with BAS.
There were no General or Highway Committee reports.
Motion by Benjamin, Seconded by Forkey, Carried
We do hereby approve the Small Cities Block Grant for the following:
1- Jeanette Allen $16,655.00
2- Gerald & Jane Youngs $23,830.00
Vote: Benjamin, Forkey, Whittaker, Baker, Ellis 5 ayes
A Note was read from Jim and Chris Gardener commending the highway department on the fine job done by the snowplows and road crew on Page Road. They stated they can always depend on Page Road being open and well maintained. They also mentioned the Town Clerk, Mrs. Costley who is always pleasant and informative.
OLD BUSINESS:
The highway crew can hang the flags in the Glen Aubrey Community. Ellis, Baker and Benjamin said they would help.
NEW BUSINESS: Mr. Ellis met with the Union Representative on Friday May 11,2007 and got a list of what they are asking for within the highway department. The next meeting will be June 8, 2007 at 4 p.m. Don Benjamin & Scott Ellis will speak for the town and Rick Gummoe,Rudy Weiland, Roberta Dunker for the union.
The term of the contract is open, suggest 3 years.
They are asking for 5 days more of vacation.
1yr 5 days
2 yrs 10 days
3 yrs 15 days up from the current 12
8 yrs 20 days up from the current 15
15 yrs 25 days up from the current 20
They are asking for salary increases.
The board feels they have to look at the health insurance and the buy outs for such. Insurance has gone up 48-60% since 2004.
Question was asked about the 40 hours work week which can be the highway superintendent’s decision whether it is a 5 day 8 hrs each of 4 10 hours days.
On Benefits with the passing of Edward Loveless, Mrs. Loveless may have the Towns insurance coverage for 6 months, after that time to keep the coverage she will have to pay the full premium or go on Cobra.
Benjamin asked about Susan Carter being on the insurance. Ellis told she is paying the full premium and as a planning board member she can get the coverage.
There will be a public hearing on the Time Warner Cable Agreement on May 30, 2007 at 7 p.m.
Mr. Whittaker asked if there was anything setting signs on properties in the town. After researching the minutes there is nothing to prevent a sign. The NYS Building Code has nothing on signs.
To enact a law to control putting up signs would take at least 2 months.
OPEN TO THE PUBLIC:
A letter was read to the board from Eric Sculley with a complaint about the Chief Mihalko which is entered in the minutes in its entirety.
briK ijcuney
2360 WP Lisle Road
Whitney Point, NY 13862
607-692-2634
Tuesday, May 15, 2007 Nanticoke Town Board Cherry Valley Hill Road Nanticoke, NY 13862
Re: Andy Mihaiko, Nanticoke Fire Chief Dear Ladies and Gentleman,
I am writing this letter to you on my own behalf. This letters contents reflects my own statements and are not associated with any organization that I belong, or have belonged to.
On the afternoon of Monday April, 24th 2007,1 responded mutual aid to a brush fire in the Glen Aubrey fire departments district that was located between Delcar Dr. and Dingman Rd. As I arrived on Dingman Rd. and was getting my gear and equipment out of my truck, Chief Andy Mihalko's was stopped near a Castle Creek tanker and he was speaking to some Firefighters near that apparatus. As I continued to ready myself to fight the fire, Andy got into his truck and proceeded to exit the area at a high rate of speed for this location. As he was speeding away, his vehicle was "fish tailing" and spitting stones from his tires. As he passed by me, I had to pull my vehicle door closed to avoid being struck by his vehicle. Also as he sped past me, I had to duck into my vehicle to avoid being struck and injured by the flying stones. As he left my location he continued to drive aggressively down Dingman Rd. and then again "peeled out" as he entered onto Dunham Hill Rd. He then had left the area.
As I passed by the other firefighters (Maine & Castle Creek) at this location, they asked if I was ok. I then asked then if the was another urgent fire area that Chief Mihaiko was responding to and they replied no. I was then informed that he was asked to leave the scene for not wearing the proper PPE and that he was irate, and that is why he was acting like he did.
As a Firefighter, I encounter enough hazards and dangers in this line of work, and I should not have to be subjected to the dangers he created to due his lack of ability to control his emotions. Not only did he put me at risk of bodily injury, but also subjected anyone in his course of travel to an unnecessary risk. As a leader of a Fire Department one would assume that Chief Mihaiko would have a higher degree of professionalism than that of which he displayed. This aggressive behavior is dangerous and must be addressed.
It has been difficult for me to decide to bring this to your attention due to the fact that we are all in a "Brotherhood" and rely upon each other to protect our communities. It is very hard to complain about a fellow fighter. However, I cannot let these actions go unreported. I ask that you, the Town of Nanticoke, please take action on this matter. This person is supposed to lead by example and maintain the highest level of professionalism while representing your community and he has failed to do so. Please don't let anyone else but subjected to these types of actions in the future.
Thank you for your attention on this matter. Respectfully,
Erik Sculley
CC: Northern Broome Chiefs Association
Gary Smith, Chief, Glen Aubrey Fire Company
Brett Chellis, Director, Broome County Emergency Services
Ellis asked what action they wanted to be taken, did you want him removed from office or what?
Sculley felt that if he could be assured it would not happen again so someone does not get hurt would be sufficient. He does not want him removed from the fire company just want him to act responsively, if not to have him not drive a vehicle when he is angry.
The Glen Aubrey Fire Co. is holding a chicken BBQ on Saturday May 19, 2007 and there are 2 businesses that will be picking up the cost for all seniors over 65.
Gary Smith is in favor of having a leash law in the town to control dogs. He has some miniature horses and if a dog gets in the fenced in area it could kill them. It would give more leeway to the DCO when a dog is on your land and licensed if we had a leash law they had to follow.
The board discussed a leash law and being able to control them running loose plus control over waste in other people’s yards.
The Town Clerk will put a survey notice in the Pennysaver for people to state whether they would be for or against a local law to have a leash law.
Motion by Benjamin, Seconded by Forkey, Carried
We do hereby authorize the payment of the bills as audited.
Vote: Whittaker, Baker, Benjamin, Forkey, Ellis all ayes
Motion by Benjamin, Seconded by Baker, Carried
We do hereby adjourn this meeting. 5 ayes
Joanne Costley, Town Clerk