STATE OF NEW YORK
COUNTY OF LEWIS
TOWN OF NEW BREMEN
The regular meeting of the Town Board of the Town of New Bremen was called to order at 4:00 p.m. on
January 10, 2011 by Supervisor Schneider at the Town Municipal Office Building.
Roll call found the following Town Officers present:
Supervisor
Councilmen
Hwy. Superintendent
Town Clerk
Frederick J. Schneider
David Becker, Milton Monnat, Ralph Bush (Kenneth Austin – Absent)
Ralph Hall
Elizabeth B. Jones
Also Present: Judge Aucter, Matt and Jill Bush, John Boyd - Legislator, Judge Stevens, Randy Aucter,
Sue Sauer, Sheila Buckingham and Peter Keys
Councilman Becker led the Pledge of Allegiance.
RESOLUTION NO. 1 OF 2011
APPROVAL OF MINUTES
On a motion of Councilman Becker, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that the minutes of December 13, 2010 be approved.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 2 OF 2011
TOWN CLERK’S MONTHLY AND ANNUAL REPORTS
On a motion of Councilman Bush, seconded by Councilman Becker, the following resolution was adopted,
Be It Resolved; that the Town Clerk’s monthly and annual reports are approved as submitted.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
Following is the Town Clerk’s annual report for 2010. A balance of $100.00 is kept on hand for cash
purposes only.
(Regular Meeting of January 10, 2011 con’t.)
(Regular Meeting of January 10, 2011 con’t.)
RESOLUTION NO. 3 OF 2011
TAX COLLECTOR’S ANNUAL REPORT
On a motion of Councilman Becker, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that the Tax Collector’s annual report for 2010 is approved as submitted and is as follows:
Total Paid to Supervisor - $907,869.83
Taxes Paid to County Treasurer - $688,046.99
Total Collected - $1,603,652.07
Interest & Penalties Paid to Supervisor - $7,735.25
Total Disbursed - $1,603,652.07
Balance of $5.00 in Check Book to keep account active. See minutes of June 1, 2001 for Resolution.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 4 OF 2011
PROCUREMENT POLICY & PROCEDURE
On a motion of Councilman Monnat, seconded by Councilman Becker, the following resolution was
adopted.
This resolution sets forth the policies and procedures for the Town of New Bremen to meet the
requirements of the General Municipal Law, Section 104-b.
WHEREAS; Chapter 413, Section 104-b of the General Municipal Law of the State of New York, enacted
in 1991, requires the governing board of each political subdivision to adopt written internal policies and
procedures governing all procurement of goods and services not required by law to be made pursuant to
competitive bidding requirements, therefore be it
RESOLVED;
1. Any town officer may purchase goods and/or services needed by his/her department up to the
amount of $2,500.00 providing there is sufficient money available in the appropriation to which the
purchase will be charged.
2. Any town officer wishing to purchase goods and/or services in excess of $2,500.00, but less than
$5,000.00 shall use his/her best judgment in selecting a vendor.
3. Any town officer wishing to purchase goods and/or services in excess of $5,000.00, but less than
$10,000.00 shall secure quotes from three (3) prospective vendors and shall note the date, amount
quoted and the person contacted. The exception to this requirement will be when only one (1)
source of supply is available. Town Officers needing consent of the Town Board before proceeding.
(Regular Meeting of January 10, 2011 con’t.)
4. All goods and/or services in excess of $10,000.00 shall be subject to competitive bidding
requirements unless purchased through New York State Office of General Services Contracts.
5. Exceptions to this policy are postage, license and filing fees, mileage and other reimbursable
expenses, professional services and emergency situations in which conditions such as natural or
manmade disasters demand immediate procurement of goods by the officer directly involved and
submitted to the Town Board as soon as possible after the emergency has passed.
6. Before any purchase or lease is made the officer shall check with the Chief Fiscal Officer to insure
budget line item authority and sufficient budget balance is available to cover the purchase. If
sufficient funds are not available, a request for transfer of funds, if available, into that appropriation
account shall be made to the Town Board.
7. Unintentional failure to fully comply with the provisions of Section 104-b of the General Municipal
Law shall not be grounds to void action taken or give rise to cause for action against the Town of
New Bremen or any officer or employee thereof.
This policy shall be reviewed annually by this board.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 5 OF 2011
INVESTMENT POLICY
On a motion of Councilman Monnat, seconded by Councilman Bush, the following resolution was
adopted,
WHEREAS; this Town Board of the Town of New Bremen determines the need for a written investment
policy, now therefore be it
RESOLVED; that the Town Board of the Town of New Bremen does authorize the Supervisor to invest
idle and surplus cash in interest bearing accounts and certificates of deposit in institutions recognized by
the State of New York for such purposes. The Supervisor is further directed to invest with safety, liquidity
and yield as his primary concern. An accounting of such investments shall be presented to the Town
Board at their regular monthly meetings, and be it further
RESOLVED; that all such institutions where Town of New Bremen moneys are held in account shall
provide the Town of New Bremen with sufficient collateral to guarantee and protect all accounts held
therein. Single custodial agreements shall be acceptable to the Town.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
(Regular Meeting of January 10, 2011 con’t.)
RESOLTUION NO. 6 OF 2011
SPECIAL DISTRICTS AND SERVICES
On a motion of Councilman Becker, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that Supervisor Schneider is authorized and directed to pay amounts as specified below, to
the Special Districts and Services, as money becomes available thru taxation.
Beaver Falls Fire District - $ 12,961.00
New Bremen Fire District - $59,365.00
New Bremen Fire Protection - $16,275.00
New Bremen Light District - $4,100.00
Croghan Fire Dept. Ambulance Service - $8,800.00
Beaver Falls Light District - $6,700.00
Beaver Falls Fire Dept. Ambulance Service - $8,000.00
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 7 OF 2011
POLLING PLACE DESIGNATION
On a motion of Councilman Monnat, seconded by Councilman Bush, the following resolution was
adopted,
Be It Resolved; that the Town of New Bremen Municipal Office Building is hereby designated as the
polling place for District #1 and #2 for the Town of New Bremen for the 2011 year.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 8 OF 2011
DELEGATION OF AUTHORITY - GAMES OF CHANCE
On a motion of Councilman Monnat, seconded by Councilman Bush, the following resolution was
adopted,
WHEREAS; the Town of New Bremen pursuant to Part 5600 of the rules and regulations of Games of
Chance, must appoint a Licensing Officer and Chief Law Enforcement Officer for Games of Chance,
therefore be it,
(Regular Meeting of January 10, 2011 con’t.)
RESOLVED; that Elizabeth B. Jones, Town Clerk is hereby appointed Licensing Officer to review
applications, findings, determinations and supplemental papers in regard to issuing licenses, collecting and
transmitting fees. Chief Law Enforcement Officer, L. Michael Tabolt, Sheriff of Lewis County, will
investigate complaints, conduct hearings and supervise the operation of Games of Chance. Appointments
effective January 10, 2011 thru December 31, 2011.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 9 OF 2011
TOWN SALARIES SET
On a motion of Councilman Becker, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that the salaries of the Town Officers and appointees be set as indicated below, and paid in
the manner stipulated. After each salary the payment schedule and expiration date of office follows:
Supervisor
Town Clerk
Justice
Justice
Highway Supt.
Councilman
Councilman
Councilman
Councilman
Assessor
Tax Collector
Health Officer
Historian
Registrar
Budget Officer
Supv. PT Secretary
Hwy. Supt. PT Clerk
Supv. Account Clerk PT
Dog Control Officer
Carroll Owens
Aimee Murphy
Aimee Murphy
Frederick J. Schneider
Elizabeth B. Jones
Charles Stevens
Errol Aucter
Ralph H. Hall
David Becker
Milton Monnat
Ralph Bush
Kenneth Austin
Erin Gratch
Elizabeth B. Jones
Sean Harney
Frederick J. Schneider
Elizabeth B. Jones
Frederick J. Schneider
Faye Schneider
Elizabeth B. Jones
Aimee Murphy
Edward Lampson
Assessor’s PT Asst/Data Collector
Court Clerk
Deputy Town Clerk
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
$14,000.00
20,500.00
8,000.00
8,000.00
42,000.00
3,000.00
3,000.00
3,000.00
3,000.00
17,500.00
4,500.00
400.00
800.00
600.00
1,700.00
2,200.00
600.00
1,000.00
2,000.00
9.50 hr.
12.00 hr.
12.00 hr.
Monthly
12/31/11
Monthly
12/31/11
Monthly
12/31/13
Monthly
12/31/11
Monthly
12/31/11
Quarterly
12/31/13
Quarterly
12/31/11
Quarterly
12/31/13
Quarterly
12/31/11
Monthly
09/31/13
March & June 12/31/11
Annual
12/31/12
Annual
12/31/11
Annual
12/31/11
Annual
12/31/11
Semi-Annual 12/31/11
Annual
12/31/11
Quarterly
12/31/11
Monthly
12/31/11
Monthly
12/31/11
Monthly
12/31/11
Monthly
12/31/11
(Regular Meeting of January 10, 2011 con’t.)
B. F. WATER DISTRICT
Charles Pominville, resigned as Water Commissioner for the Beaver Falls Water District effective
December 6, 2010. Lila Ovando, Secretary of the BFWD spoke with Brian LaChausse, Cut Off Rd., Town
of New Bremen. He is willing to fill the position. After discussion the following resolution was adopted.
RESOLUTION NO. 10 OF 2011
WATER COMMISSIONER APPOINTMENT FOR
BEAVER FALLS WATER DISTRICT
On a motion of Councilman Monnat, seconded by Councilman Bush, the following resolution was
adopted,
Whereas; the office of Water Commissioner for the Beaver Falls Water District held by Charles
Pominville, (who resigned effective December 6, 2010) is vacant, now therefore
Be It Resolved; that Brian LaChausse is hereby appointed to fill the vacancy as Commissioner of the
Beaver Falls Water District, term effective 1/10/11 thru 05/31/2011.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
SPEED LIMIT CHANGE
The Clerk received notification from Joseph C. Langs, Lewis Co. Highway Superintendent, that the
request to “lower” the speed limit on the Artz Rd. was determined that the most appropriate action for this
location is to create a one quarter mile long School Speed Zone of 20 mph adjacent to the Beaver River
Central School. Copies of the approved official orders are to be filed in the Town Clerk’s office.
RESIGNATION
Councilman Austin submitted his resignation as Councilman for the Town of New Bremen to the Town
Clerk effective January 1, 2011.
RESOLUTION NO. 11 OF 2011
JUSTICES MONTHLY & ANNUAL REPORTS
On a motion of Councilman Bush, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that the Justices monthly and annual reports are approved as submitted.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
(Regular Meeting of January 10, 2011 con’t.)
Following are the Justice’s annual reports for 2010.
JUSTICE STEVENS - ANNUAL REPORT
Justice Stevens reported the following cases: 23 - Penal Law, 113 - Vehicle & Traffic Law, 2 - Civil &
Small Claims, 1 – Town Ordinance, 2 – Environmental Conservation Law and 2 – ABC Law. A total of
$12,208.04 in fines and fees were collected and sent to Frederick J. Schneider, Town Supervisor/Chief
Fiscal Officer; with amounts being reported to Albany on a monthly basis.
JUSTICE AUCTER – ANNUAL REPORT
Justice Aucter reported the following cases: 29 - Penal Law, 145 - Vehicle & Traffic Law, 8 - Civil &
Small Claims, 1 - Alcohol & Beverage Control Law, 3 - Environmental Conservation Law, 5 Arraignments for other courts, 1 – Village Ordinance, 3 – Parks Recreation and Historic Places Law, 2 –
New York Codes Rules and Regulations. A total of $13,196.62 in fines and fees were collected and sent
to Frederick J. Schneider, Town Supervisor/Chief Fiscal Officer; with amounts being reported to Albany
on a monthly basis.
RESOLUTION NO. 12 OF 2011
DOG CONTROL OFFICER’S MONTHLY REPORT
On a motion of Councilman Becker, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that the Dog Control Officer’s monthly report be approved as submitted.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
RESOLUTION NO. 13 OF 2011
SUPERVISOR’S MONTHLY AND ANNUAL REPORTS
On a motion of Councilman Monnat, seconded by Councilman Bush, the following resolution was
adopted,
Be It Resolved; that the Supervisor’s monthly and annual reports are approved as submitted.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
Following is the Supervisor’s annual report for 2010.
(Regular Meeting of January 10, 2011 con’t.)
(Regular Meeting of January 10, 2011 con’t.)
VACANCY ON TOWN COUNCIL
Supervisor Schneider read a letter of interest submitted by Matthew Bush, 7861 Soft Maple Road, Town of
New Bremen, to fill the vacancy on the Town Board.
After discussion, Councilman Monnat nominated Matthew E. Bush, seconded by Councilman Bush,
appointing him to fill the vacancy on the Town Board. Term of office – January 10, 2011 thru December
31, 2011.
Ayes: Becker, Monnat, Bush, Schneider
Nays: None
SWEARING IN OF COUNCILMAN
Judge Aucter swore in newly appointed Councilman, Matthew E. Bush. Councilman M. Bush joined the
Town Board for the rest of the meeting.
RESOLUTION NO. 14 OF 2011
APPROVAL FOR PAYMENT OF BILLS PRIOR TO AUDIT
On a motion of Councilman R. Bush, seconded by Councilman M. Bush, the following resolution was
adopted,
Whereas; Supervisor Schneider asked to renew permission to pay certain utility bills (ex: health insurance,
communications, electric and natural gas) prior to audit to avoid late fee charges,
Be It Resolved; that the Town Board hereby gives permission to the Supervisor to pay utility bills prior to
audit.
Ayes: Becker, Monnat, M. Bush, R. Bush, Schneider
Nays: None
HIGHWAY
Superintendent Hall gave a brief report of work being done in the highway garage. He also mentioned that
he is interested in purchasing a 3 pt. hitch extend boom mower. No action at this time.
(Regular Meeting of January 10, 2011 con’t.)
RESOLUTION NO. 15 OF 2011
AUDIT OF CLAIMS
On a motion of Councilman R. Bush, seconded by Councilman Monnat, the following resolution was
adopted,
Be It Resolved; that Supervisor Schneider is authorized and directed to pay the following amounts on
Abstract #1 of 2011 in the following amounts.
General
Highway T-Wide
Voucher #1 thru #19
Voucher #1 thru #11
$22,437.77
$5,944.81
Ayes: Becker, Monnat, M. Bush, R. Bush, Schneider
Nays: None
RESOLUTION NO. 16 OF 2011
AUDIT OF ALL BOOKS
On a motion of Councilman R. Bush, seconded by Councilman Becker, the following resolution was
adopted,
Be It Resolved; that the Town Board of the Town of New Bremen, Lewis County, did on the 10th day of
January 2011 audit and approve all books of accounts of all Town Officers and found them to be in good
order, correct and true.
Ayes: Becker, Monnat, M. Bush, R. Bush, Schneider
Nays: None
The next meeting of the Town Board of the Town of New Bremen will be held on February 14, 2011 at
4:00 p.m. at the Town Municipal Office Building.
With no further business, on a motion of Councilman Becker, seconded by Councilman Monnat, the
meeting was adjourned at 4:43 p.m. Carried unanimously.
________________________________
Elizabeth B. Jones, Town Clerk