Board Minutes May 11, 2026

A public hearing on the proposed local law allowing Games of Chance and a public hearing on the proposed local law changing the position of Highway Superintendent from elective to appointive and the regular meeting of the Hornby Town Board was held on Monday May 11, 2026, at the Hornby Town Hall. Present were Supervisor Justin Eberlin, Councilmembers Hazel Russell, Rebecca Litz, John Hale and Town Clerk Pam Smith. James Neary from AMR also attended the meeting.

The public hearing on proposed local law allowing Games of Change was opened at 6:01pm and the legal notice as published in The Leader was read by Supervisor Eberlin.

The visitor had no comment on the proposed local law.

MOTION by Hale, seconded by Russell,
To close the public hearing at 6:03pm.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

The public hearing on proposed local law changing the position of Highway Superintendent from elective to appointive was opened at 6:04pm and the legal notice as published in The Leader was read by Supervisor Eberlin.

The visitor had no comment on the proposed local law.

MOTION by Hale, seconded by Litz,
To close the public hearing at 6:07pm.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

The Town Board meeting was opened at 6:08 pm by Supervisor Eberlin.

MOTION by Litz, seconded by Russell,
To approve the minutes of the Town Board meetings dated April 13, 2026 and May 3, 2026 as presented. No discussion was held.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

MOTION by Hale, seconded by Litz,
To approve the payment of General Fund vouchers numbered 62-77 on abstract G-05-26 in the amount of $7,473.90; the payment of Highway Fund vouchers numbered 59-64 on abstract H-05-26 in the amount of $2,648.32; and the payment of Trust and Agency voucher numbered 72 in the amount of $7,307.07.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

Supervisor Eberlin stated that there is an issue with three dogs that were taken to Corning Animal Hospital by DCO Shawn Peterson. The DCO authorized their care. The State Troopers and now the Sheriff’s department are involved in the situation. The dogs are in the custody of the Sherriff’s department, but they will not pay the invoice from Corning Animal Hospital. The vet bill is $5803.92 and was received by the Town Clerk in her email 5/11/2026. Supervisor Eberlin reached out to Attorney Bowes and he said that it is the responsibility of the dog owner to pay the bill. Supervisor Eberlin will send a letter out to Corning Animal Hospital stating that the bill is the responsibility of the dog owner.

There was no highway report since Highway Superintendent Divens was not present.

The County approved sending a letter to NYS stating they are not in favor of opening up state lands for power line corridors. The County will vote Monday on the animal abuse registry. The exemption for spouses of officers killed in the line of duty was passed by the County. They also approved the EMS & Firefighter 10% exemption.

Discussion was held on the 100% disabled veterans exemption that would eliminate property taxes for those that meet the criteria.

TLC declined to be the vet for the Town’s rabies clinics. Councilmember Litz has a call into Corning Animal Hospital to see if they will do it. Discussion was held. She will call Rio Vista next.

The dog shelter is currently still legal. Reese’s is ready to take over and be the Town’s dog shelter.

Shawn Peterson turned in a signed resignation from his position as DCO on Sunday May 10, 2026. Reese’s will not be DCO for the Town. The Town has 30 days from May 10, 2026 to find a DCO. Discussion was held.

MOTION by Eberlin, seconded by Hale,
To accept the resignation of Shawn Peterson as Dog Control Officer, effective May 1, 2026.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

The proposed contract with Prime Lawn Care was discussed.

MOTION by Russell, seconded by Hale,
To sign the Prime Lawn Care contract, cost of $1200/month, effective May 2026 – Nov 1, 2026.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

Jim Neary from AMR was invited to address the town board. The 2026 rate is a 3% increase from last year, and Mr. Neary stated that he forgot to email the Town to inform them of the increase. The Town’s last contract with AMR was in 2009. AMR has a new contract that was sent to their lawyers which has a new option where if the Town paid the yearly subsidy in full in January, the Town would get a 10% discount. It would be a 5 year contract, which would auto renew if it is not renegotiated or cancelled. Discussion was held. The question was asked what the Town receives in return for their subsidy payment to AMR. There are 8 towns paying a subsidy, which helps AMR be able to pay for readiness and keep one ambulance always available for the 8 towns. If one of the 8 towns called for an ambulance and second ambulance was then needed for another one of the 8 towns, there is a flycar that would respond. Ambulances also routinely go to fire calls to protect the volunteer firemen.

Roadside cleanup was discussed. The concern is that usually only town board members show up to do the roadside cleanup. The cleanup event and date needs to reach the residents. It was suggested to set a date in early fall and announce it at the bicentennial celebration. The topic will be tabled until the June meeting.

Discussion was held on the Justice’s request to contract with the Sheriff’s Department for a bailiff. A concern was raised that there might be a 4-hour minimum. Supervisor Eberlin texted Justice Novak to see if she had an answer on the 4-hour minimum. Councilmember Russell suggested sending the Town’s court cases to the Erwin Court to save money. Discussion was held. The bailiff topic was tabled until the minimum number of hours can be verified.

Union negotiations were discussed. There were no visitors, so the board did not go into executive session.

There is a new NYS law that requires dog license renewals to have an optional donation line for whatever shelter the Town uses. The required wording has been put on the Town’s dog license renewals by Williamson Lawbook.

Elmer Easton Jr has invoiced the Town for mowing Central Valley Cemetery in 2025. Per Highway Superintendent Divens, the Town agreed to pay him $13.50/hr. Mr. Eaton invoiced the Town for 49 hours, which is $661.50. Discussion was held. The board would like to pay him from the perpetual care fund for that cemetery. Mr. Eaton has been invited to the June board meeting.

MOTION by Russell, seconded by Hale,
To pay Elmer Eaton Jr. $661.50 for the 2025 mowing from the perpetual care fund for Central Valley Cemetery.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

Discussion was held on the two proposed laws. The lawyer has not yet reviewed and written up the wording for the mandatory referendums for the two laws. The proposed laws will be tabled until the June meeting.

Regarding the bailiff position, Justice Novak responded to Supervisor Eberlin’s text that Terri Moir from the Sheriff’s Department stated that there is not a 4-hour minimum, but there is a 1-hour charge for travel.

MOTION by Russell, seconded by Eberlin,
To adjourn the meeting at 7:33 pm. No discussion was held.
Vote: Eberlin – aye, Reed – not present, Russell – aye, Litz – aye, Hale – aye.

Pamela A. Smith Hornby Town Clerk