due to the current situation and the ... - berne, new york

1

Due to the current situation and the Executive Order from Governor Cuomo,

please check on all scheduled dates as meetings are currently suspended.

STATE OF NEW YORK MARCH 11, 2020

COUNTY OF ALBANY

PUBLIC HEARING 6:30 PM Public Hearing Local Law # 1 of 2020

Supervisor Lyons declared the public hearing on Local Law #1 of 2020 known as the “Town of

Berne Hydraulic Fracturing and/or Hydrofracking Law” open with the following members

present Councilmembers Palow, Conklin, Harris, & Willsey. Supervisor Lyons opened the floor

to guests:

Larry Zimmerman, Kathy Moore, Dawn Jordan, Barb Crosier, Barb Kennedy, Lorraine Hogan,

Tim Lippert, Mike Vincent, Fred Atkins, all spoke in favor of the moratorium and to pass a

Local Law banning hydrofracking in the Town. Ms. Jordan volunteered to help with researching

a local law for banning hydrofracking. Supervisor Lyons thanked everyone for their comments

and there being no further comment, declared the hearing closed at 7:01 PM.

REGULAR MEETING

The regular monthly meeting of the Town Board of the Town of Berne was held on the above

date with the following officers present: Supervisor Lyons, Councilmembers Palow, Conklin,

Harris & Willsey. Also present were Town Clerk Clayton, Attorney Conboy, and several

interested citizens. The Pledge of Allegiance was led by Supervisor Lyons who then called the

meeting to order at 7:00 PM.

The minutes of 01/08/20 were presented and Councilmember Palow made a motion to add

Facebook content in reference to comments made regarding “hiring rapists & pedophiles”.

There was no second and motion failed.

Supervisor Lyons made a motion, seconded by Councilmember Harris to accept the minutes of

1/8/20. Motion carried with the following roll call vote: Supervisor Lyons, Councilmember

Conklin & Harris voting aye. Councilmember Palow voted nay and Councilmember Willsey

abstained.

Supervisor Lyons made a motion, seconded by Councilmember Palow to accept the minutes of

2/12/20. Motion carried with the following roll call vote: Supervisor Lyons, Councilmembers

Palow, Conklin & Harris voting aye. Councilmember Willsey voted nay.

Supervisor Lyons made a motion, seconded by Councilmember Palow to accept the minutes of

2/26/20. Motion carried with the following roll call vote: Supervisor Lyons, Councilmembers

Palow, Conklin, Harris & Willsey voting aye.

2

MARCH 11, 2020

CORRESPONDENCE

Letter from Sarah Gifford in support of Cheryl Baitsholts.

Letter from Wes Laraway in support of Cheryl Baitsholts.

Letter from Alene Mack in support of Cheryl Baitsholts.

Letter from Kelly Martin in support of Cheryl Baitsholts.

Letter from Town of Berne Planning Board in support of Emily Vincent.

PULBIC COMMENT

Eleven (11) people spoke regarding issues in the Town and related to the agenda.

EXECUTIVE SESSION – 7:50PM

Supervisor Lyons made the motion seconded by Councilmember Harris to enter into executive

session for the purpose of discussing employment history. Motion carried with all members

voting aye.

8:20 PM

Supervisor Lyons reconvened the meeting and stated no action had been taken.

ANNOUNCEMENTS

• The Rabies Clinic will be held on March 28, 2020.

DEPARTMENT REPORTS:

Transfer Station – Highway Superintendent Bashwinger stated that the Annual Report has been

filed with DEC and submitted a report comparing tonnage between 2018 and 2019.

Highway – Highway Superintendent Bashwinger submitted quotes for a Bobcat and two new

trucks.

Building Code Administration – Mr. Townsend reported on permits issued and complaints

received for January & February.

COMMITTEE REPORTS:

Water District - Supervisor Lyons recommended Mike Vincent to be on the Water District

Committee and stated they have met with Lamont Engineers; discussed a community grant for

municipal water.

Beautification Committee -Councilmember Conklin stated there will be committee meetings

held the first Wednesday of each month at 7:00PM at Town Hall. (Currently these meetings are

suspended. Councilmember Conklin discussed Hometown Veteran Banners; flowers to be

planted around Town and programs to tell a story of Berne’s history.

3

MARCH 11, 2020

OLD BUSINESS

Welcome Packets – Councilmember Palow presented a power point on the new welcome

packets for residents that he is developing.

LED Streetlight – Councilmember Harris stated that the first design review meeting was held

and are waiting for a map of streetlights. He stated that the Conservation Board and Todd

Schwendeman have done an amazing job on this project.

AUTHORIZING PAYMENT TO GREENBRIAR FOR REMOVAL OF GARAGE SHED

AT LIBRARY

After discussion, Supervisor Lyons made a motion seconded by Councilmember Harris to pay

$9,868 to Greenbriar Construction Services, based on their bid, for the removal of the

garage/shed at the Berne Public Library. Motion carried with the following roll call vote;

Supervisor Lyons, Councilmembers Palow, Conklin, Harris & Willsey voting aye.

NEW BUSINESS

ACCEPTING REVIEW OF ANNUAL INVESTMENT POLICY

After discussion, Supervisor Lyons made a motion seconded by Councilmember Palow to accept

the annual review of the investment policy. Motion carried with the following roll call vote;

Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. Councilmember

Willsey abstained.

ADOPTING LOCAL LAW #1 OF 2020

“Town of Berne Hydraulic Fracturing and/or Hydrofracking Law”

The following resolution was offered and moved by Supervisor Lyons and seconded by

Councilmember Harris:

WHEREAS Local Law #1 of 2020 known as the “Town of Berne Hydraulic

Fracturing and/or Hydrofracking Law” has been introduced by the Town Board of the Town

of Berne and a public hearing has been duly called and held, NOW, THEREFORE, BE IT

RESOLVED, that the Town Board of the Town of Berne hereby adopts LOCAL LAW #1 of

2020 of the Town of Berne known as “Town of Bern Hydraulic Fracturing and/or

Hydrofracking Law”. The resolution was adopted by the following roll call vote: Supervisor

Lyons & Councilmembers Palow, Conklin, Harris and Willsey…......Aye.

4

MARCH 11, 2020

AUTHORIZING PAYMENT TO JAMES BUSHNELL FROM BUILDING &

MAINTENANCE LINE

After discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin to

authorize payment to James Bushnell for fill in duties at the rate of maintenance worker from

that line. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers

Palow, Conklin, Harris & Willsey voting aye.

ACCEPTING AUDIT REPORT OF JUSTICES RECORDS


the Audit Report for the Town Justice records. Motion carried with the following roll call vote:

Supervisor Lyons and Councilmembers Palow, Conklin & Harris voting aye. Councilmember

Willsey abstained.

AUTHORIZING PAYMENT TO CEJJ FOR TRANSFER STATION TRUCK REPAIR

After discussion, Supervisor Lyons made a motion seconded by Councilmember Palow to

authorize payment to CEJJ in an amount not to exceed $1,000 for emergency repair to the

transfer station truck. Motion carried with the following roll call vote; Supervisor Lyons,

Councilmembers Palow, Conklin, Harris & Willsey voting aye.

AUTHORIZING THE ADVERTISING FOR BIDS FOR CRUSHED STONE, ASPHALT,

CONCRETE, WINTER FIBRE MIX & SANDING MATERIAL

After discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin

directing the Town Clerk to advertise, in the Altamont Enterprise, for bids for crushed stone,

asphalt, concrete sanding material, washed crushed stone, concrete, winter fibre mix and sanding

material for use by the Highway Department for the year 2020 with the bids to be received until

10 AM on Monday, April 6, 2020 at which time said bids will be opened and read at the Berne

Town Hall, 1656 Helderberg Trail, Berne, NY. Motion carried with the following roll call vote:

Supervisor Lyons and Councilmembers Palow, Conklin, Harris & Willsey voting aye.

AUTHORIZING ALTAMONT ENTERPRISE AS PAPER OF RECORD FOR THE

TOWN OF BERNE

After discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin

authorizing the Altamont Enterprise as paper of record for the Town of Berne. Motion carried

with the following roll call vote: Supervisor Lyons and Councilmembers Palow, Conklin, Harris

& Willsey voting aye.

5

MARCH 11, 2020

AUTHORIZING CORRECTION FOR PLANNING BOARD TERM

After discussion, Supervisor Lyons made a motion seconded by Councilmember Palow

authorizing the correction of the term for Lawrence Zimmerman, Planning Board Member. As

Mr. Zimmerman filled the remaining term for Ms. Goldsmith, the expiration is 12/21/21. Motion

carried with the following roll call vote : Supervisor Lyons and Councilmembers Palow,

Conklin & Harris voting aye. Councilmember Willsey abstained.

APPOINTING DENNIS RYAN AS ZBA MEMBER


appointing Dennis Ryan as ZBA member with term expiring 12/31/2024. Motion carried with

the following roll call vote: Supervisor Lyons and Councilmembers Palow, Conklin & Harris

voting aye. Councilmember Willsey abstained.

APPOINTING SANDRA KISSELBACK AS ZBA MEMBER


appointing Sandra Kisselback as ZBA member with term expiring 12/31/2025. Motion carried

with the following roll call vote: Supervisor Lyons and Councilmembers Palow, Conklin, Harris

& Willsey voting aye.

APPROVING SHAWN DUNCAN FOR BUILDING & MAINTENANCE POSITION


approving Shawn Duncan for maintenance position as part-time permanent buildings/laborer

position at $18 per hour for 24 hours per week; FLSA on-exempt employee, unclassified, civil

service exempt, six-month probation. Motion carried with the following roll call vote:


Willsey abstained.

APPROVING EVERETT HALLENBECK FOR BUILDING & MAINTENANCE

POSITION


approving Everett Hallenbeck for maintenance position as part-time permanent buildings/laborer

position at $18 per hour for 24 hours per week; FLSA on-exempt employee, unclassified, civil

service exempt, six-month probation. Motion carried with the following roll call vote:


Willsey abstained.

6

MARCH 11, 2020

AUTHORIZING PAY RATE SCHEDULE OF 2020 TO REFLECT CHANGE IN

MINIMUM WAGE REQUIREMENTS


authorizing pay rate schedule of 2020 to reflect change in minimum wage requirements.

DISCUSSION OF TRANSFORMING OLD MEETING ARE TO OFFICE AREA AT

TOWN HALL

Discussion was had on moving forward to put cubicles in the meeting room at Town Hall. No

action was taken at this time and will move forward with quotes.

INTRODUCTION OF LOCAL LAW #2 OF 2020

After discussion, Supervisor Lyons introduced Local Law #2 of 2020 “A Local Law modifying

the Berne Town Code related to the Parks Advisory Board (revision of Town Code

Chapter 59) and moved to set a public hearing on proposed Local Law #2 of 2020 for April 8,

2020 at 6:30 PM and directing the Town Clerk to give notice of such public hearing in the

manner provided in Section 20 of the Municipal Home Rule Law, and Councilmember Palow

seconded the introduction of the proposed local law and the motion. Motion carried with the

following roll call vote: Supervisor Lyons, and Councilmembers Palow, Conklin & Harris voting

aye. Councilmember Willsey abstained.

INTRODUCTION OF LOCAL LAW #3 OF 2020

After discussion, Supervisor Lyons introduced Local Law #2 of 2020 “A Local Law modifying

the Berne Town Code related to Alternative Planning Board Members, and moved to set a

public hearing on proposed Local Law #3 of 2020 for April 8, 2020 at 6:45 PM and directing the

Town Clerk to give notice of such public hearing in the manner provided in Section 20 of the

Municipal Home Rule Law, and Councilmember Palow seconded the introduction of the

proposed local law and the motion. Motion carried with the following roll call vote : Supervisor

Lyons, and Councilmembers Palow, Conklin, Harris & Willsey voting aye.

Second Amendment Sanctuary Resolution for The Town of Berne in the State

of New York

The Town Board of Berne NY acting on behalf of people of Berne, New York, find and declare:

WHEREAS, acting through the United States Constitution, the people created government to be

their agent in the exercise of a few defined powers, while reserving to the citizens the right to

decide on matters which concern their lives, liberty, and property in the ordinary course of

affairs;

7

WHEREAS, the members of the Berne Town , took an oath to defend and protect the

Constitution of the United States,

WHEREAS, The Second Amendment to the Constitution of the United States of America states,

“A well-regulated Militia being necessary to the security of a free State, the right of the people to

keep and bear arms, shall not be infringed”;

WHEREAS, The right of the people to keep and bear arms is further protected from infringement

by State and Local Governments under the Ninth, Tenth, and Fourteenth Amendments to the

Constitution of the United States of America.

WHEREAS, The Supreme Court of the United States of America in District of Columbia v.

Heller recognized the individual’s right to keep and bear arms, as protected by the Second

Amendment of the Constitution of the United States of America. Justice Antonin Scalia’s

prevailing opinion in that case stated that the Second Amendment protects an individual’s right

to possess a firearm unconnected with service in a militia, and the right to use that firearm for

traditionally lawful purposes, such as self-defense within the home;

WHEREAS, Section 1 of the Fourteenth Amendment to the Constitution of the United States of

America states, “No State shall make or enforce any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,

or property, without due process of law; nor deny to any person within its jurisdiction the equal

protection of the laws”;

WHEREAS, The Supreme Court of the United States recognized in McDonald v. City of

Chicago that the Second Amendment to the Constitution was incorporated by the Fourteenth

Amendment and thereby made applicable to the States;

WHEREAS, Justice Thomas M. Cooley in the People v. Hurlbut 24 Mich. 44, page 108 (1871),

states: “The State may mould local institutions according to its views of policy or expediency:

but local government is a matter of absolute right; and the state cannot take it away”;

WHEREAS, The right to be free from the commandeering hand of government has been

recognized by the United States Supreme Court in Printz v. United States. The Court held: “The

Federal Government may neither issue directives requiring the States to address particular

problems, nor command the States’ officers, or those of their political subdivisions, to administer

or enforce a federal regulatory program.” The anti-commandeering principles recognized by the

U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison,

who in Federalist #46 advised “a refusal to cooperate with officers of the Union” in response to

either unconstitutional federal measures or constitutional but unpopular federal measures;

WHEREAS,, the right to keep and bear arms is a fundamental individual right that shall not be

infringed; and all local, state, and federal acts, laws, orders, rules or regulations regarding

firearms, firearms accessories, and ammunition are a violation of the Second Amendment;

8

WHEREAS, Local governments have the legal authority to refuse to cooperate with state and

federal firearm laws that violate those rights and to proclaim a Second Amendment Sanctuary for

law-abiding citizens in their cities and counties;

Now, therefore, be it RESOLVED that through the enactment of this Resolution, Town of Berne,

NY is hereby a Second Amendment Sanctuary Town.

RESOLVED by the Town Board of the Town of Berne that:

Notwithstanding any other law, regulation, rule or order to the contrary, no agent, department,

employee or official of Berne, a political subdivision of the State of New York, while acting in

their official capacity, shall:

1. Knowingly and willingly, participate in any way in the enforcement of any Unlawful Act,

as defined herein, regarding personal firearms, firearm accessories, or ammunition.

2. Utilize any assets, Town of Berne funds, or funds allocated by any entity to the Town of

Berne, in whole or in part, to engage in any activity that aids in the enforcement or investigation

relating to an Unlawful Act in connection with personal firearms, firearm accessories, or

ammunition.

An “Unlawful Act” shall consist of any federal or state act, law, order, rule, or regulation, which

restricts an individual’s constitutional right to keep and bear arms, including any federal or state

act, law, order, rule, or regulation which bans or effectively bans, registers or effectively

registers, or limits the lawful use of firearms, firearm accessories or ammunition (other than a

fully automatic firearm which is made unlawful by federal law). Any such “Unlawful Act” is

invalid in Town of Berne and shall not be recognized by Town of Berne, is specifically rejected

by the voters of Berne, and shall be considered null, void and of no effect in Town of Berne,

New York, and this includes, but shall not be limited to the following:

A. Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not

common to all other goods and services on the purchase or ownership of those items by citizens;

B. Any registration or tracking of firearms, firearm accessories, or ammunition;

C. Any registration or tracking of the owners of firearms, firearm accessories, or

ammunition;

D. Any act forbidding the possession, ownership, or use or transfer of any type of firearm,

firearm accessory, or ammunition by citizens of the legal age of eighteen and over, other than

pursuant to federal law background check requirements for transfers or purchases through FFL

dealers;

E. Any act ordering the confiscation of firearms, firearm accessories, or ammunition from

citizens;

F. Any prohibition, regulation, and/or use restriction related to ownership or the

constitutionally guaranteed lawful use or carry of non-fully automatic firearms; and

9

G. Any prohibition, regulation, and/or use restriction limiting hand grips, stocks, flash

suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, bump stocks,

suppressors, or types of ammunition available for sale, possession or use by citizens.

H. Anyone within the jurisdiction of Berne, New York, accused to be in violation of this

ordinance may be sued in the district court of the state of New York for declaratory and

injunctive relief, damages, and attorneys’ fees. Neither sovereign nor official or qualified

immunity shall be an affirmative defense in cases pursuant to this section.

RESOLVED, that the following are exceptions to the above:

1. The protections provided to citizens by this ordinance do not apply to persons who have

been convicted of felony crimes or who are prohibited from possessing firearms under federal

law.

2. This ordinance is not intended to prohibit or affect in any way the prosecution of any

crime for which the use of, or possession of, a firearm is an aggregating factor or enhancement to

an otherwise independent crime.

3. This ordinance does not permit or otherwise allow the possession of firearms in Federal

buildings.

4. This ordinance does not prohibit individuals in Town of Berne from voluntarily

participating in assisting in permitting, licensing, registration or other processing of applications

for concealed carry permits, or other firearm, firearm accessory, or ammunition licensing or

registration processes that may be required by law.

RESOLVED, that the Town of Berne, is a Second Amendment Sanctuary Town, immediately

upon approval of this Resolution by the Town Board of Berne, NY.

The resolution was adopted by the following roll call vote:

Sean S. Lyons, Supervisor - aye

Dennis Palow, Deputy Supervisor - aye

Bonnie Conklin, Town Board Member - aye

Mat Harris, Town Board Member - aye

Joel Willsey, Town Board Member – nay

Second Monthly Meeting – There will be a second monthly meeting on March 25, 2020 at

7:00PM.

10

MARCH 11, 2020

AUTHORIZING PURCHASE OF T76 T4 BOBCAT COMPACT TRACK LOADER PER

NY CONTRACT #PC67141, AWARD #PGB22792


authorizing the purchase of T76 T4 Bobcat Compact Track Loader, 74.0 HP Tier 4 Turbo Diesel

Engine per NY Contract #PC67141, Award #PGB22792, in an amount not to exceed $74,000.

Motion carried with the following roll call vote: Supervisor Lyons and Councilmembers Palow,

Conklin, Harris & Willsey voting aye.

AUTHORIZING BUDGET TRANSFERS FOR JANUARY AND FEBRUARY

After discussion, Supervisor Lyons made a motion seconded by Councilmember Palow that the

fund transfers for January and February be authorized in the amounts and manners as attached to

these minutes. Motion carried with the following roll call vote: Supervisor Lyons, and

Councilmembers Palow, Conklin & Harris voting aye. Councilmember Willsey abstained.

ACCEPTING MONTHLY REPORTS FOR JANUARY AND FEBRUARY


the Supervisor, Town Clerk and Building & Zoning Administrator’s January and February

monthly reports. Motion carried with the following roll call vote : Supervisor Lyons, and

Councilmembers Palow, Conklin & Harris voting aye. Councilmember Willsey roll call vote

abstained.

APPROVING PAYMENT OF MONTHLY BILLS FOR JANUARY AND FEBRUARY

After discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin to

approve payment of the following bills: which also include utility payments:

GENERAL FUND, HIGHWAY FUND, SEWER, UTILITIES &TAX WARRENT

ABSTRACT# 2……………………………………………………….........$133,965.26

ABSTRACT#3……………………………………………………………..$117,465.77

ABSTRACT#4……………………………………………………………..$443,745.84

ABSTRACT#5……………………………………………………………..$ 71,467.18

Motion carried with the following roll call vote: Supervisor Lyons, and Councilmembers Palow,

Conklin & Harris voting aye. Councilmember Willsey abstained.

AUTHORIZING INVITATION LETTER TO MR. THOMAS FOR APRIL BOARD

MEETING

After discussion, Councilmember Conklin, made a motion seconded by Councilmember Palow

authorizing a letter be sent to Mr. Jeff Thomas inviting him to the April meeting to discuss

Senior Housing in the Town. Motion carried with the following roll call vote: Supervisor Lyons

and Councilmembers Palow, Conklin, Harris & Willsey voting aye.

11

MARCH 11, 2020

MOTION TO ADJOURN

There being no further business, Supervisor Lyons made the motion seconded by

Councilmember Harris to adjourn the meeting. Motion carried with the following roll call vote :

Supervisor Lyons, and Councilmembers Palow, Conklin, Harris & Willsey voting aye. Meeting

adjourned at 10:40PM.

Respectfully submitted,

____________________

Anita C. Clayton, Town Clerk

due to the current situation and the ... - berne, new york

Documents