These minutes reflect an advisory board that is not doing its job of advising. Discussion on water issues ensued but no formal action, recommendations or advisements!?
The water proposals have been going on for over a year and no proposals by the MUB regarding. This is not advisory but show , dog and pony and rubber stamping.
They the MUB nd Village Board, find it more meaningful to replace street bulbs and harass medically necessary power users than have in pursuit and recommendations of safe and excellent water quality.
David Murray - Ilion
May 14, 2019
Meeting was called to order at 1836 hours by Chairman John Stephens followed by the Pledge of Allegiance led by Bill Coffin and a moment of silence in honor of member Gary Sickler, who recently passed away at his home.
Present: John Stephens, Adam Fowler, DM Chuck Lester, Les Stephens, Dave Ferdula and Bill Coffin. Absent was Curt Giacobbe.
A motion from Bill Coffin with a second by Adam Fowler to approve the April 9, 2019 minutes as presented. Motion carried with all in favor and a copy will be placed on file. The Village Board as already approved these.
Old Business:
The nonpayment of electric bills due to medical equipment use is still being handled by the Village Attorney, Treasurer, and Electric Department Foreman.
New Business:
DM Lester was given the floor for an update on the meeting held with the MVWA and various NYS Dept. Heads and NYS and Local Elected Officials. Discussion ensued but there was no action taken.
The members of the MUB have been advised to recommend a new Voting member to the board and a Non-Voting Alternate Member to replace vacancies.
A letter from the Ilion Water Department was distributed to ratepayers that have a 1” or larger service, regarding servicing/calibrating the meter. The letter was presented with the incorrect letterhead titles of various Village Officials, lacked a contact persons name, and was not signed by a Village Official. The MUB is items fixed.
Motion to adjourn the meeting from Bill Coffin with a second by Les Stephens.
Motion carried with all in favor at 1935 hrs.
Respectfully submitted
John P. Stephens
Chairman
Ilion MUB
“Poor planning on your part doesn’t constitute an emergency on mine!”
FOIL-AO-19260 OML-AO-5451
March 24, 2015
The Open Meetings Law includes direction concerning the minimum contents of minutes and the time within which they must be prepared. Specifically, §106 states that:
“1. Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.”
For many years, this office has advised that if a public body reaches a “consensus” upon which it relies, minutes reflective of decisions reached must be prepared and made available. In Previdi v. Hirsch, 138 Misc.2d 436, 524 NYS2d 643 (1988), the issue involved access to minutes of an executive session held under the Open Meetings Law. The court found that “this was no basis for respondents to avoid publication of minutes pertaining to the ‘final determination’ of any action, and ‘the date and vote thereon’.” (Id., at 646.) The court stated that:
“The fact that respondents characterize the vote as taken by ‘consensus’ does not exclude the recording of same as a ‘formal vote’. To hold otherwise would invite circumvention of the statute.” (Id., at 646.)
In a similar manner, there are circumstances under which we believe a simple “It looks good to us” should be memorialized in the minutes. In circumstances when Board approval is required, for example, it is our opinion that even a general acknowledgment with no objections raised is required to be recorded as action taken. In our opinion, when Board approval is sought and granted with no objections, such action should be recorded in the minutes.
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