A Regular meeting of the Town of Tusten was held on April 14th, 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
Councilman Dowling
OTHERS PRESENT: Mrs. Kathy Michell, Town Clerk; Mr. David Sparling, Code Enforcement Officer; Mr. George Kinch, Highway Superintendent; Scott Birney, Water and Sewer Superintendent; Mr. Edwin Jackson, Planning Board Chairman; Mrs. Debra Wasylyk, Highway Clerk; Mr. Charlie Wieland, UDC Representative; Mr. Ken Baim, Assessor; Mr. Tony Ritter, Zoning Board Chairman; Mrs. Barbara Buckman, Deputy Supervisor; Fritz Mayer of the River Reporter and approximately 17 members of the general public.
Supervisor Johnson called the meeting to order at 7:08 pm with the pledge to the flag.
RESOLUTION #50-08
ACCEPT MINUTES AS PRESENTED
On motion of Councilman Wingert, seconded by Councilman Falk the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the minutes of the regular March 10th and Recessed March 18th Town Board meetings be accepted as corrected.
Supervisor Johnson read the expenditures report.
RESOLUTION #51-08
PAYMENT OF BILLS
On motion of Councilman Wingert, seconded by Councilman Falk the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the bills be paid in the following amounts as presented:
General Account $ 143,227.46
Highway Account $ 136,569.52
Water Account $ 8,790.12
Sewer Account $ 15,023.93
Lighting Account $ 1,037.00
Total $ 304,648.03
Water & Sewer Financial Report
Water $402.25 Service $ 0.00 Penalties $ 11.73 Total $ 413.98
Sewer $1180.16 Service $ 0.00 Penalties $ 37.04 Total $1,217.20
TOTAL COLLECTED: $ 1,631.18
CORRESPONDENCE
- Letter from Narrowsburg Fire Department requesting permission to host fireworks on July 5th, 2008 .
- Letter from Narrowsburg Chamber of Commerce requesting permission to use the ball field on the Flats for a town wide yard sale on May 24th, 2008.
- Flyer from the Tusten Youth Commission for a bus trip to the Ringling Bros. & Barnum Bailey Circus.
- Copy of letter from NYSDEC August 29th, 2006 regarding SEQR review of any Cackletown Road projects.
- Sullivan County Division of Solid Waste re: municipal clean-up period from April through June.
HIGHWAY REPORT
MONTHLY REPORT 3-10-08 TO 4-11-08
PURCHASED A NEW POLE SAW, THE COST TO REPAIR THE OLD ONE WOULD HAVE COST MORE THAN HALF THE COST OF A NEW ONE.
WORKING ON THE ROADS THAT WILL BE PAVED THIS YEAR
PATCHING ROADS AS NEEDED, CUTTING BRUSH, INSTALLING PIPE
HAULED FOR 2 DAYS JUNK TO WEINERT’S, RECEIVED $ 1,772.00.
REMOVED WINGS AND PLOWS FROM TRUCKS.
WORKING ON THE SPRING AND SUMMER EQUIPMENT. STARTED TO SWEEP .
SEASONAL SIGNS HAVE BEEN PICKED UP.
CHECKED INTO RENTING SOME EQUIPMENT FROM THE COUNTY, SPOKE TO BOB MEYER, NOT REALLY GOING TO WORK, I WOULD HAVE TO PAY FOR THE OPERATOR PLUS BENEFITS .
I HAVE ORDERED OUR BALANCE OF SALT FOR THE 2007 / 2008 SEASON,
WE HAVE USED MORE MATERIAL AND OT HOURS THIS PASS WINTER THAN WE HAVE IN THE PREVIOUS YEARS COMBINED. VERY TOUGH WINTER AND COSTLY ONE.
ROADS:
HANKINS: REPAIRING HOLES FROM BERNADUCCI’S TO WEIGERS , 4-1-08 FILLED IN HOLES
BLIND POND: PATCHED
RYER: PATCHED , 3-27-08 CUT AND CHIPPED BRUSH,
DEXHEIMER: PATCHED
KIRKS: PATCHED, CLEANED OUT PIPES
SWAMP POND ROAD: PATCHED ON 3/12/ AND 3/14AND 3/17. USED 56 TON OF CRUSHER RUN, INSTALLED (2) PIPES TOTALING 15” X 65’ ONE BY OLD SAND PIT AND THE OTHER ON THE FLATS HEADING TOWARDS KUENS, 4-9-08 INSTALLED (3) MORE PIPES, 12” X 40’, 12” X 30’, AND 18” X 35’
CRAWFORD: PATCHED
GABLES RD: CLEANED PIPES , SWEPT,
PERRY POND: CLEANED PIPES, SWEPT,
FOREST POND ROAD: INSTALLED A PIPE AT THE END IN CUL DE SAC., SWEPT,
IRISH HILL: CLEANED OUT ALL DRIVEWAY PIPES AND CROSS OVER PIPES, TRIMMED BRUSH
OAK STREET: REPLACED LAST PIPE ON THIS ROAD, AND PUT IN A FRENCH DRAIN AT THE INTERSECTION,
BROOK ROAD: TRYING TO KEEP 2 PIPES OPEN THAT THE BEAVERS KEEP PLUGGING
COCHECTON TURNPIKE: 4-10-08 INSTALLED (3) PIPES, (1) 15” X 30’, (2) 12” X 30’, USED 30 TON OF CRUSHER RUN, AND 9 TON OF #8
MAIN STREET: WORKING ON REBUILDING CATCH BASIN, BY THE UNDER PASS IT IS COLAPSING
EQUIPMENT:
TRUCK # 17: CONTINUED REPAIRING
JD 301 TRACTOR: WORKED ON REBUILDING,
TRUCK #2: CROSS MEMBERS BROKE, REPAIRED CROSS MEMBERS, THEN PULLED REAR WHEELS INSTALLED NEW ROTORS, BRAKES, CALIBERS. FRONT END NEW BALL JOINTS, AND U JOINTS. SERVICED ON 4-1-08
TRUCK # 25: WASHED ON 3-25-08
GRADALL: SERVICED ON 3-26-08
TRUCK # 26: INSTALLED NEW TAIL LIGHT,
WATER AND SEWER REPORT
March 10, 2008- April 14, 2008
Ranger truck cap is in but not installed.
New SCBA has arrived.
Replacement parts for grinder and effluent pumps are in and scheduled to be installed.
Kirk’s Road pump station panel is in production and scheduled to arrive at end of April.
Performed maintenance on plant and portable generators, 60KW needed new fuel pump.
Met with County Planning regarding GIS mapping, technology sharing agreement is in front of board.
Performed leak detection with the help of Rural Water, found two potential leaks, scheduled exploration and repairs.
Worked on structure renovation of cleanouts and manholes in areas that highway will be paving in spring.
Kirk’s road boundaries have been surveyed, easements need to be attained from one new property owner and revised for existing station location.
Working with two business owners regarding grease pre-treatment systems.
Priced and awarded parts for second avenue valve and hydrant replacement.
Started vehicle and equipment maintenance.
Hydrant flushing starts 4/15/08.
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
March 2008
FEMA Inspections – 0
Regular Inspections – 14
Certificate of Occupancy – 2
Certificate of Compliance – 1
Building Permits – 2
Camping – 1
Burn Permits - 2
Septic Permits – 0
Logging Permits - 2
C/O and violation search – 4
Permit Renewals - 0
Stop Work – 1
Operating without CofO - 0
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 0
Violations - 3
Code Enforcement Officer and Clerk/Inspector attended a class on “Mold Water and Building Code” and “Introduction to Lead” on March 26, 2008 in Woodbourne.
Monies collected by this office from March 1, 2008 to March 31, 2008 were $480.20.
Respectfully,
David W Sparling
ASSESSORS REPORT
Ken Baim reported that the tentative roll is finished and has been sent off. It is a 1% increase over last year.
UDC REPORT
Charlie Wieland reported that “it looks like Tusten will come out good on NYRI”. The awards banquet is on April 29th. Councilman Wingert asked if the UDC was looking at the gas drilling issue and Charlie replied that they are.
OLD BUSINESS
Supervisor Johnson said the Tweedie property purchase issue started about two years ago. This is a land-locked parcel within the Highway facility. The Town offered $2000 at that time and the owner wanted $5800. Both parties have now agreed upon $3000 for the parcel which is less than ½ acre. This property adjoins the proposed cell tower site and the purchase will reduce the Town’s liability.
RESOLUTION #52-08
AUTHORIZE THE PURCHASE OF PROPERTY PARCEL, 16.-5-4.1, FOR $3000.
On motion of Councilman Meckle, seconded by Councilman Falk, the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the Board authorize the purchase of the Tweedy property, SBL 16.-5-4.1, within the Town Highway property for the price of $3000.
NEW BUSINESS
RESOLUTION #53-08
AUTHORIZE THE SUPERINTENDENT OF HIGHWAYS TO PUT OUT SPECIFICATIONS FOR STONE BIDS
On motion of Supervisor Johnson, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Highway Superintendent be authorized to put out specifications for stone bids to be opened at 12 noon on May 12th, 2008.
Supervisor Johnson asked the Board to appoint Rose Fredericks as the alternate to the UDSB. Currently Supervisor Johnson is the alternate. Rose attends all the meetings anyway and he feels she would be a good representative.
RESOLUTION #54-08
APPOINT ROSE FREDERICKS AS ALTERNATE TO THE UDSB COMMITTEE
On motion of Supervisor Johnson, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Board appoint Rose Fredericks as the alternate to the Upper Delaware Scenic Byways Committee.
RESOLUTION #55-08
DESIGNATE MAY 10TH, 2008 AS LITTERPLUCK DAY
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Board designate May 10th, 2008 as Litterpluck day and have the Highway Superintendent make a Town truck available for the day.
RESOLUTION #56-08
AUTHORIZE PURCHASE OF SAFETY VESTS FOR LITTERPLUCK VOLUNTEERS
On motion of Supervisor Johnson, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Board authorize the Highway Superintendent to purchase 20 orange or lime green safety vests for use during Litterpluck and by the Narrowsburg Beautification Group.
RESOLUTION # 57-08
SET MAY 17TH, 2008 AS TOWN CLEAN UP DAY
On a motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board designate May 17th, 2008 as Town Clean Up Day for Tusten residents only, limited to two pickup trucks per family with required coupons.
RESOLUTION # 58-08
GRANT PERMISSION TO NARROWSBURG FIRE DEPARTMENT FOR JULY 5TH FIREWORKS AND TO CLOSE MAIN STREET FROM 2-8 PM
On a motion of Councilman Falk, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED: that the Narrowsburg Fire Department be granted permission to hold a fireworks display on July 5th, 2008 and also close Main Street from 2-8pm for a car show. The Chamber of Commerce and Narrowsburg Fire Department will provide the necessary certificates of insurance.
RESOLUTION #59-08
GRANT PERMISSION TO THE CHAMBER OF COMMERCE TO HOLD TOWN WIDE GARAGE SALE ON BALL FIELD IN FLATS
On motion of Councilwoman Falk, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED: that the Board grant permission to the Chamber of Commerce to hold a Town wide garage sale on May 24th, 2008 at the ball field on the Flats.
Supervisor Johnson would like to hire Glenn Swendsen again this year for the summer maintenance mowing. He is willing to do it at the same cost as last year and will do all but the sides of the roads.
RESOLUTION #60-08
AUTHORIZE THE HIGHWAY SUPERINTENDENT TO HIRE GLENN SWENDSON FOR SUMMER MAINTENANCE AT THE 2007 RATE
On motion of Supervisor Johnson, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Board authorize the Highway Superintendent to hire Glenn Swendson for summer maintenance at the 2007 rate under the supervision of the Highway Superintendent.
Supervisor Johnson said that the Chamber of Commerce is looking to sponsor a Country Market during the summer months. They have looked at several areas and determined that the Town parking lot is the most feasible.
RESOLUTION #61-08
GRANT PERMISSION FOR THE NARROWSBURG CHAMBER OF COMMERCE TO HOLD A COUNTRY MARKET IN THE TOWN PARKING LOT
On motion of Councilman Wingert, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board authorize the use of the town parking lot for a Country Market to be held on Saturdays from 3-6:30p starting the 3rd Saturday of June and ending on Columbus Day. The Chamber of Commerce and the vendors will carry insurance and list the Town as additionally insured.
RESOLUTION #62-08
AUTHORIZE SUPERVISOR TO SIGN DIGITAL DATA GIS AGREEMENT WITH COUNTY
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Board authorize the Supervisor to sign a Digital Data GIS Agreement with the County of Sullivan.
Also under Old Business, Melva Jackman requested that the board consider a driveway application on her property. She currently has a mobile home on 6.A-1-4. In 2006 she was told that a survey with pins was necessary to determine her boundaries. An application for a storage shed has been denied by the Code Enforcement Officer because there cannot be an accessory building before a primary building. A trailer would need a Special Use Permit. The Highway Superintendent has responded to her request indicating that the survey pins requested have not been placed on her boundaries.
John Dise from Francis Drive has requested that the Town finish a turn around at the end of Francis Drive. Currently there is none and vehicles only have his driveway to turn around in and his concern is that the heavy trucks will damage the driveway. Highway Superintendent Kinch will look at the situation. The Dises said that it is a Town road and there should be a turn around.
At this point in the meeting Supervisor Johnson asked for Board discussion on a Town Department of Public Works. Public comment was incorporated into this discussion with a lot of questions being asked of the Board. Supervisor Johnson began by explaining that there would be a Commissioner and an Assistant Commissioner with the Highway Superintendent position changing from elected to appointed. He would like to put the question on the ballot at the next election which would involve having the Town Attorney draft a resolution for the ballot which would need to be approved by the Board at the May meeting. Then from May through November the Board could get more information and discuss the advantages and disadvantages of a DPW.
Judy Dise asked why the Town was considering it. Supervisor Johnson replied that the town has a good water and sewer and highway department and wants to keep it that way. The only control the Board has is over the smaller part (water and sewer) of the $1.5 million budget. Supervisor Johnson said that the Board works well with the Highway Department they have now but that can change with a popularity contest. Chris Holden asked what the Board has against democracy and called the plan a power grab. Currently highway issues cannot be addressed by the Board because the Superintendent is elected and can do what he wants to. Supervisor Johnson said the Board is interested in developing a good fiscal plan for the largest budget item. Chris Holden asked if only the Board is qualified to make decisions and not the people as voters. Supervisor Johnson said that he looks at it as putting more responsibility on the Board.
Charlie Wieland asked if the Board had looked at any other successful examples. Can they point to an example that shows a town actually saved money? Supervisor Johnson said that success is based on talking to people and informing them of the true process. He said that the Highway Superintendent is responsible for the largest part of the budget, has the largest infrastructure and is probably the most important election. Norman Meyer said “election is not a popularity contest, that’s an insult”, taking the electoral process away can result in regimes and the Board is trying to fix something that’s not broken. Supervisor Johnson said that’s why it goes to the public for referendum. He said the Board is saying they have a plan that they think will be better and the most cost effective. He wants permission of the Board to put the concept to the people at a referendum so that the voters can decide. Supervisor Johnson said the Board is not taking something away, they are putting forth something they feel would be good for the people. Chris Holden asked what the advantages would be. Supervisor Johnson replied scheduling of manpower, coordination of efforts, etc. and pointed out that the Highway Superintendent is not obligated to work with anyone and neither department communicates regarding their schedules. Chris feels that the voters did a good job of electing the Highway Superintendent. Norman Meyer asked why the town can’t cross bill in the departments, like they do now; why merge departments. Kevin McDonough said theoretically the town could hire someone’s brother-in-law, for example. Supervisor Johnson pointed out that that person would be held accountable to the Board and would have to do what the Board said. Councilman Wingert said that there would be interviews, job requirements, skills, experience, and qualifications for such as position.
Fritz Mayer asked about the structure. There would be a Commissioner and Assistant Commissioner. Ed Magilton asked if one person ran both departments, would there be favoritism. Ed Kraus commented that the top guy would have to be knowledgeable in both areas. He is concerned with losing Scott from Water and Sewer and that he would be doing less for them. Susan Sullivan said it’s about accountability. If there is a problem she knows where to go. She felt the town doesn’t need another level. Chris Holden said it sounds like the Board has already decided who is doing what. Sue Hallock asked if the Board was going to advertise for a possibly more qualified person.
Supervisor Johnson said that the Board would have to make a resolution tonight so that the proposition would be on the ballot for this November’s election since there is a 150 day lead time. If the Board decides to go ahead with the DPW, there will be informational meetings and Public Hearings. After making a comment about the Highway Clerk position, Mr. Krantz asked whether appointed positions would be filled by friends. Councilman Falk said that she originally didn’t feel that position was needed but that Mrs. Wasylyk had volunteered and was knowledgeable in the job and the best qualified when the Board hired someone.
Councilman Wingert stated that she is an elected official with fiscal responsibility for the town. She believes that the DPW is fiscally advantageous for the town. Supervisor Johnson reiterated that he is in support of a DPW. Councilman Falk said that she thinks people need more answers. Charlie Wieland asked again if there were other examples. Councilman Dowling believes the best option is for the Board to investigate it and learn more about it so that they will have answers. Supervisor Johnson asked if the Board wants to authorize the town attorney to draw up a resolution for the next meeting. The resolution would have to be passed 150 days before the next election to have it on the ballot. There would then be six months to gather information and have public hearings. Councilman Meckle said the board should look into other townships. In Sullivan County, only Fallsburg has a DPW, most small towns don’t have a water and sewer department. The Town of Delaware uses JPK and Rockland has the same type of system that Tusten currently has. Councilman Dowling said it would be a disservice to people not to get the information out; the board needs to reach more people than attend the meetings or read the River Reporter.
A motion was made by Councilwoman Wingert to draft a resolution for the formation of a Department of Public Works. The discussion continued.
Councilman Dowling said that she would like to ask the people currently in the positions what they think. Highway Superintendent Kinch said that his biggest concern is that a future Board may become a problem. Water and Sewer Superintendent Birney said that his position has been appointed since he started. He has never had a Board tell him what to do or what not to do. He also pointed out some positive aspects such as the ability to shift manpower in emergencies or for projects and eliminating some duplication of equipment.
Councilman Dowling said she understands that it is a difficult and volatile topic. Some people feel they may be losing a voice. She also agrees that the Board should explore opportunities for the town. Judy Dise asked whether it could be taken off the ballot once it is proposed. It will remain on the ballot. Chris Holden suggested combining the two positions and elect one official, setting the job description, hours etc. The Board cannot set conditions for an elected office. The question came up about the whole town would be voting on the future of the water and sewer district and not just those in the district. Sue Hallock asked if the two positions would have a length of service, which would be controlled by the Board and not the public. Kevin McDonough asked if there would be a public hearing before next month’s vote to put it on the ballot. Supervisor Johnson said that they would hold public comment before the vote.
At this point Councilman Falk seconded the motion on the floor.
RESOLUTION #63-08
AUTHORIZE TOWN ATTORNEY TO DRAFT DPW RESOLUTION
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED AYES 5 NAYS 0
RESOLVED that the Board authorize the Supervisor to go to the town attorney for the purpose of drafting a resolution to have a referendum on the November ballot for the formation of a Department of Public Works and to change the Highway Superintendent position from elected to appointed. The resolution to place the above on the ballot would be voted on at the May 2008 meeting.
Next month Legislator Sager will be attending the Town Board meeting at 6:30pm for a Town Meeting.
RESOLUTION #64-08
ENTER EXECUTIVE SESSION
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED AYES 5 NAYS 0
RESOLVED that the board go into executive session at 9:15 pm to discuss the personnel history of a particular individual.
RESOLUTION #65-08
EXIT EXECUTIVE SESSION
On motion of Councilman Wingert, seconded by Councilman Dowling, the following resolution was
ADOPTED AYES 5 NAYS 0
RESOLVED that the board come out of executive session at 9:38 pm.
There being no other Board or public comment, on a motion of Councilman Falk, seconded by Councilman Dowling, the meeting was recessed to April 22nd, 2008 at 9:39 pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk