A Regular meeting of the Town of Tusten was held on August 11th, 2008 at 7:00 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Eileen Falk
Councilman Lewis Meckle
Councilman Wingert
ABSENT Councilman Dowling
OTHERS PRESENT: Kathy Michell, Town Clerk; Mr. David Sparling, Code Enforcement Officer; Mr. George Kinch, Highway Superintendent; Scott Birney, Water and Sewer Superintendent; David Sager, Sullivan County Legislator; Mr. Edwin Jackson, Planning Board Chairman; Mrs. Debra Wasylyk, Highway Clerk; Mr. Charlie Wieland, UDC Representative; Mr. Tony Ritter, Zoning Board Chairman; Susan Hallock of the Sullivan County Democrat and approximately 9 members of the general public.
Supervisor Johnson introduced Legislator Sager and asked if anyone had any questions for him. Dave Sparling asked about the Capelli commercial development issue. Legislator Sager said that the part he doesn’t like is that the IDA is “giving the farm away” with the tax breaks they are proposing. Regarding gas drilling, Legislator Sager believes the NYSDEC is near sighted on the issue. He feels very frustrated and still wants to see the steel holding tanks instead of wastewater ponds.
Supervisor Johnson called the meeting to order at 7:15 pm with the pledge to the flag.
RESOLUTION #99-08
ACCEPT MINUTES AS PRESENTED
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the minutes of the regular July 14th, 2008, and the Recessed July 22nd Town Board meetings be accepted as presented.
Supervisor Johnson read the expenditures report. Councilmen Meckle and Dowling had reviewed the bills and had no questions. Two additional bills were approved for payment; $100 for Chorba Consulting and $54 for K & D Freda.
RESOLUTION #100-08
PAYMENT OF BILLS
On motion of Supervisor Johnson, seconded by Councilman Falk the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts as presented and the two late bills listed above:
General Account $ 23,153.32
Highway Account $ 31,138.60
Water Account $ 9,641.41
Sewer Account $ 8,837.40
Lighting Account $ 1,037.00
Total $ 73,807.73
Water & Sewer Financial Report
Water $ 19,128.95 Service $ 2.00 Penalties $ 49.02 Total $ 19,179.97
Sewer $ 55,207.87 Service $ 617.09 Penalties $ 235.79 Total $ 56,060.75
TOTAL COLLECTED: $ 75,240.72
CORRESPONDENCE
HIGHWAY REPORT
JULY 14, 2008 TO AUGUST 7, 2008
ALL ROADS THAT WERE SEALED HAVE BEEN SWEPT
CONTINUE TO MOW RIGHT OF WAYS
STEVE AND I HELPED INSTALL NEW TELESCOPE ON DECK
WE HAVE GOTTEN THE NEW TRUCKS DELIVERED, AND REGISTERED
WE HAVE HAULED ANOTHER 350 TONS OF MILLINGS FROM THE STATE,
ROADS:
LUCKY LAKE: DITCHED
HANKINS ROAD: PUT DOWN STABLIZATION FABRIC, THEN CRUSHER RUN, USED A TOTAL OF 1035 TONS OF CRUSHER RUN, 600 GALLONS OF MAG. WORKED ON THIS ROAD FOR 3 DAYS
BUDDENHAGEN ROAD: REPAIRED HOLE IN FRONT OF KELLYS HOUSE
HOFFMAN ROAD: TREE DOWN AFTER STORM, 7-22-08, 7-31-08 PATCHED, MOWED RIGHT OF WAYS
ACKERMAN: RE GRADED DUE TO WASH OUT, MOWED RIGHT OF WAYS,
HUMPHREY: MOWED RIGHT OF WAYS, DITCHED
ROYAL OAKS: MOWED RIGHT OF WAYS
SWAMP POND: MOWED RIGHT OF WAYS, PATCHED 8-6-08
DEXHEIMER: PATCHED HOLES
DAUB ROAD: WORKED WITH ASPLUNDH WITH CUTTING OF TREES,
TROUT POND: TRIMMED BACK DEAD LIMBS
DEEP HOLLOW HILL: MOWED RIGHT OF WAYS
NOBER STRUNK: MOWED RIGHT OF WAYS
EQUIPMENT:
TRUCK # 24: HAS BEEN TAKEN TO ARKEL, HAD A RECALL ON IT, AIR CONDITIONER COMPRESSOR WENT BAD, NEEDED AND INSPECTION.. ROCCO HAS SANDED DOWN DUMP BODY AND REPAINTED
TRUCK # 25: HAS BEEN TAKEN TO ARKEL, HAD A RECALL ON IT, NEEDED INSPECTION, BRAKE CANISTERS WENT BAD
TRUCK # 26: REPAIRED HEATER FAN SWITCH, MOWER BEARING WENT OUT OF IT,
MOWER: BEARING WENT OUT OF IT
TRUCK #4: FIXED SPLASH PAN AND INSTALLED NEW USED FUEL TANK
TRUCK # 27: WENT OVER NEW TRUCK, WORKED ON RUST PROOFING UNDERNEATH THE BODY.
TRUCK # 28: WENT OVER THE NEW TRUCK, WORKED ON RUST PROOFING UNDERNEATH THE BODY
GRADALL: BROKE DOWN,
WOODS MOWER: WORKING ON TAKING PARTS FROM A SECOND MOWER AND MAKING ONE GOOD ONE.
LOADER: REPAIRED THE ACCELORATOR PEDAL
WATER AND SEWER REPORT
July 15- August 11, 2008
Continued maintenance on sewer beds.
Performed maintenance on Kubota Tractor
Met with FEMA/SEMO officials regarding closeout of sand filter replacement project.
Continued leak detection at customer properties whose meters showed a leak was found during meter readings.
Worked with Supervisor Johnson and Highway Department to Install Eagle Telescope at Main Street Deck.
Ted Attended Training in Harriman
Met with County Planning on GIS Mapping for Township
Assisted County Planning GIS Technician on GPS Locating Hydrants, Valves, Wells and Water Tower to Assemble a Map of the Water District.
Submitted Bill for Hydrant Collision Repair and Received a Check for Approximately $8,500.
Completed Restoration of Route 97 Leak Serving Damato and Dexter.
Started Inspecting Septic Tanks
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
July 2008
FEMA Inspections – 0
Regular Inspections – 34
Certificate of Occupancy – 2
Certificate of Compliance – 5
Building Permits – 13
New Homes - 1
Camping – 0
Burn Permits – 0
Demolition - 1
Septic Permits – 0
Sign – 1
Electrical – 1
Deck - 1
Logging Permits – 1
Renovations, Alterations and Additions - 4
C/O and violation search – 5
Permit Renewals - 3
Stop Work – 0
Operating without CofO - 0
Flood Plain Permit – 1
Dangerous and Unsafe Building Declaration – 0
Violations - 2
Monies collected by this office from July 1, 2008 to July 31, 2008 were $2317.00.
The Code Enforcement Officer and Inspector went to a conference in Orange County which was cancelled.
Respectfully,
David W Sparling
ASSESSORS REPORT
No report.
UDC REPORT
Charlie Wieland reported that they are still gathering information on drilling, giving out information and keeping track of things. They have a meeting Thursday to pass the budget. They get $300,000 but don’t always use all of it. So they are getting $60,000 less. The DRBC is a regulatory agency and has power/control regarding the taking of water from the Delaware River and groundwater in the watershed. There is not much known yet about their position on the gas drilling. Charlie warned that a lot of leases are being signed without water protection clauses.
OLD BUSINESS
Regarding Melva Jackman’s request for a driveway; the board had asked for a survey of the boundary with pegs in place and the engineer’s seal on the survey. Ms. Jackman has completed the requirements. Both Dave Sparling and George Kinch have reviewed the drawings and site. Highway Superintendent Kinch said that the driveway on the right is okay, a driveway on the left would be a problem.
RESOLUTION #101-08
AUTHORIZE HIGHWAY SUPERINTENDENT TO ISSUE DRIVEWAY PERMIT TO MELVA JACKMAN
On motion of Supervisor Johnson, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that, on recommendation of the Highway Superintendent and the receipt of the required documents, the Board authorize the Highway Superintendent to issue Melva Jackman the permit for her proposed driveway with the fee waived since it was paid in 2004.
Supervisor Johnson stated that he has had long conversations with Jeffrey Clemente, the attorney for the Town, regarding paper roads. The road in question, 12.-10-2, through the Goldin/Zaccagnino property is owned by a now defunct 1852 corporation called the Narrowsburg Home Association, not the Town of Tusten. The Town can relinquish their rights to a public thoroughfare but not ownership, since they do not own the paper road. The advice of the attorney, with the certification of the Highway Superintendent, is for the Town to relinquish the right of thoroughfare if the Town is not using the road and will not use it in the future. This does not relinquish the right of use for the utilities. If the property goes for tax sale the town could purchase it, however, it may be easier to let the county transfer the property directly to the property owners involved. Highway Superintendent Kinch said that as far as he knows the Town has no plans to ever use the paper roads of parcel 12.-10-2. Since the Town has been paying taxes on the property, the Town could probably do a quick claim deed. It will take two years before the property goes up for tax sale. The Attorney for the Town, Jeffrey Clemente, recommended dealing with the paper roads on a case to case basis. Tony Ritter asked questions about other possible cases. Sandy Zaccagnino had a question about the parcel. When it goes for tax sale would it be the whole parcel? The entire property of the parcel would be sold since a subdivision would be required to separate portions.
RESOLUTION 102-08
RELINQUISH RIGHT OF THOROUGHFARE ON PROPERTY IDENTIFIED AS 12.-10-2 IN THE TOWN OF TUSTEN
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED, Upon certification from the Superintendent of Highways to relinquish all intent of public thoroughfare on 12.-10-2 that the Town relinquish that right.
The Board expressed their thanks to the Narrowsburg Beautification Group, George Kinch, Scott Birney and others who helped in obtaining and installing the new telescope on the Main Street observation deck.
The towns of Tusten, Highland, Cochecton and Delaware are jointly submitting a TAG grant application to the UDC for a study of their infrastructures. The application will be for $12,000. Each town is asking their Board to allow an up-front amount of $1500 to start the work until the grant money is received. The results of this work will be ground-breaking for New York State and will be used by other towns in protecting their infrastructure from potential damage from activities such as gas drilling.
RESOLUTION 103-08
ALLOCATE $1500 FOR UDC TAG GRANT WORK
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Board allocate $1500 for the Supervisor to utilize for the UDC TAG grant work on infrastructure by the committee of the towns of Tusten, Highland, Cochecton and Delaware.
Councilman Meckle asked about the status of the cell tower. The Town has given the tower company the survey they requested. The company has provided the Code Enforcement Officer with an engineering plan. They are still in the federal permit process. Dave Sparling said that they have no firm commitments from providers yet. Originally Verizon had said they would but now want better commitments. If the tower is built, the Town will get one half of all the revenues and can put their own equipment and emergency services on the tower free of charge.
Supervisor Johnson distributed sample calendars to all employees and board members to be used for calculating NYS Retirement System schedules. The Board will act on these at the September meeting.
Councilman Wingert asked about the dog kennel. Supervisor Johnson met with the Highway Superintendent and Water and Sewer Superintendent. They are now looking at an area near the sewer plant.
NEW BUSINESS
Supervisor Johnson read a request for the Town to assume title and maintenance of the private road at Eagles Nest Estates. Bob Wiegers was in attendance to explain his plan. He said that he had originally planned on a gated community where sometime in the future they could turn it over to the town if he built it to the necessary specifications. The attorney for the Town said that there is a dedication procedure specified in Section 3.5 of Town Road Law. Supervisor Johnson read the dedication procedure. Councilman Wingert asked if the Town has to take over the road. Supervisor Johnson replied that the Board doesn’t ever have to take over a private road. Bob said he was led to believe he had that option. If there are a certain number of homes on a road then it has to meet certain specs in the road law. Councilman Falk asked if it was blacktopped. It is. Councilman Wingert asked if there were any homes on it. There are none. Supervisor Johnson pointed out that it will be a large expense for the Town to take on.
RESOLUTION #104-08
AUTHORIZE HIGHWAY SUPERINTENDENT TO START DEDICATION PROCEDURE ON UNNAMED ROAD
On motion of Councilman Falk, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Superintendent of Highways be authorized to commence dedication procedures on the unnamed road belonging to Robert Wiegers from Rt 97 to the cul-de-sac at the end of the road.
RESOLUTION #105-08
AUTHORIZE THE BOOKKEEPER TO MAKE THE FOLLOWING BUDGETARY TRANSFERS
On motion of Supervisor Johnson, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Bookkeeper be authorized to make the following budgetary transfers: Transfer $200 from A1310.4 Engineer’s Contractual to A1010.4 Town Board contractual; Transfer $2000 from 5110.1 Highway Personnel to 5110.4 Maintenance of Streets Contractual; Transfer $500 from SW83102 Overtime to SW14300 Personnel; and increase SW83304 by $3500 from Unexpended Balance.
A letter was just received today from the Narrowsburg Bar and Grill requesting a waiver of the 30 day wait prior to applying for a liquor license renewal.
RESOLUTION #106-08
WAIVE 30 DAY NOTICE FOR LIQUOR LICENSE RENEWAL FOR NARROWSBURG BAR AND GRILL
On motion of Councilman Wingert, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Board waive the 30 day notice prior to the renewal of the liquor license for the Narrowsburg Bar and Grill.
Supervisor Johnson read a request from the animal control officer, Mike Cookingham, to increase the fees for unlicensed dogs and dogs running at large.
RESOLUTION #107-08
INCREASE FEES FOR UNLICENSED DOGS AND DOGS RUNNING AT LARGE
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the fee for an unlicensed dog in the Town of Tusten be increased from $25 to $75; that the fee for a first offense of dog running at large be increased from $25 to $100; second offense increased from $25 to $200 and third offense increased from $25 to $300. This fee schedule shall become effective immediately.
Department heads are reminded to submit their budget estimates by September 5th.
Fred Stabbert Jr. sent some information to the Board members regarding the Sullivan County bicentennial which will be next year. Since an executive session is needed, Supervisor Johnson took Public Comment first. Sandy Goldin Zaccagnino wanted to say “Thank you to Ben, George, Scott, Jeff, etc for all they have done and the help on the paper road issue. Scott is amazing.” Sue Hallock asked if the Board will be scheduling a Public Hearing on the DPW. They will set a date at the September meeting. Bob Wiegers said that he had been complaining about the condition of Crawford Road. Now he is complimenting George on the good work he has done on fixing it. Everyone on the road likes it. Emily Buddenhagen spoke in behalf of the Tusten Seniors. She asked who has been cleaning the town hall. She said that the bathrooms have been kept much cleaner and nicer than they ever were and she wanted to thank the cleaner. It is Patricia Labato and her thanks will be forwarded to “Trish”.
RESOLUTION #108-08
AUTHORIZE SUPERINTENDENT OF HIGHWAYS TO PUT 1990 AUTOCAR OUT TO BID
On motion of Councilman Wingert, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Superintendent of Highways be authorized to put the 1990 Autocar out to bid. Sealed bids will be opened at the next regular Board meeting.
RESOLUTION #109-08
ENTER EXECUTIVE SESSION
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Board enter into executive session at 8:36 pm to discuss the employment history of a particular individual.
RESOLUTION #110-08
EXIT EXECUTIVE SESSION
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Board exit executive session at 8:50 pm with no action taken.
There being no further business, the meeting was adjourned at 8:50 pm on a motion of Supervisor Johnson, seconded by Councilman Wingert.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk