A Regular meeting of the Town of Tusten was held on December 10th, 2007 at 7:30 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilwoman Barbara Buckman
Councilwoman Eileen Falk
Councilwoman Wingert
ABSENT Councilman Lewis Meckle
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. Ken Bain, Assessor; Mr. Edwin Jackson, Planning Board Chairman; Mr. Tony Ritter, Zoning Board Chairman; Mrs. Victoria Skabowski, Bookkeeper; Mrs. Debra Wasylyk, Highway Clerk; Mr. Charlie Wieland, UDC Representative; Councilwoman-elect Lisa Dowling; Fritz Mayer of the River Reporter, Sue Hallock of the Sullivan County Democrat , Sarah Koenig of the Times Herald Record and approximately 26 members of the general public.
Supervisor Johnson called the meeting to order at 7:35 pm with the pledge to the flag.
RESOLUTION # 147-07
APPROVAL OF MINUTES
On motion of Councilwoman Wingert, seconded by Councilwoman Falk the following resolution was
ADOPTED AYES 4 NAYS 0
RESOLVED that the minutes of the Regular Meeting held November 12th, 2007, and the Recessed Meeting on November 20th, 2007 be accepted as corrected.
Supervisor Johnson read the expenditures report. He asked if there were any questions on the bills. Councilwoman Wingert had reviewed the bills and said all her questions were answered
RESOLUTION #148-07
PAYMENT OF BILLS
On motion of Councilwoman Wingert, seconded by Councilwoman Buckman the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts.
General Account $ 45,571.11
Highway Account $ 136,516.85
Water Account $ 15,055.67
Lighting Account $ 0
Sewer Account $ 14,647.55
Total $211,791.18
Water & Sewer Financial Report
Water $ 359.36 Service $ 148.53 Penalties $ 4.82 Total $ 512.71
Sewer $ 178.68 Service $ 332.59 Penalties $15.51 Total $ 526.78
TOTAL COLLECTED: $ 1,039.49
Supervisor Johnson said that at this point in the meeting he would move forward in the agenda to the Environmental Council since many of the candidates were present. He said that the Environmental Council is one of the important steps taken from the Comprehensive Plan. It falls under General Municipal Law 239 and acts in an advisory capacity to the Town Board and other Boards in the development, management and protection of the town’s natural resources. Among the responsibilities of the Council is inventory mapping of the natural resources. The Council shall consist of 3-9 members. Seven candidates were present; Angelo DeVagno, Susan Sullivan, Cathleen Patane, Linda Slocum, David Holland, Kathy Michell and Kevin McClurkan. Two additional candidates, Helle Henricksen and James Stratton, were unable to attend. The candidates came forward and introduced themselves to the Board at this time and an informal discussion ensued. A first meeting date was set for Monday, February 4th at 7:30 pm. A group e-mail list will be formed for contact information.
Councilwoman Falk suggested accepting the maximum number of 9 to have the most input and recognizing that not all members will be attending all meetings.
CORRESPONDENCE
HIGHWAY REPORT
NOVEMBER 13, TO DECEMBER 9, 2007
WE HAVE HAD 8 STORMS
WE HAVE USED 151 HOURS OF OVER TIME (NOT INCLUDING GEORGE’S HOURS)
COCHECTON HAS TAKEN THE LAST OF THERE SALT,
WINTER SEASONAL, NO PARKING AND WEIGHT LIMITS SIGNS HAVE BEEN PUT UP
ROADS:
RYER ROAD: DITCHED FROM NEW HOUSE, TOWARDS INTERSECTION OF TROUT POND, INSTALLED TWO OWNER SUPPLIED 15” X 30’ DRIVEWAY PIPES.
BROOK ROAD: DITCHED, HAULED MATERIALS BACK TO PIT.
DAUB ROAD: 11-19-07 CLEARED TREES FROM ROAD,
SCHALCK ROAD: 11-19-07 CLEARED TREES FROM ROAD
DEEP HOLLOW RD: 11-19-07 CLEARED TREES FROM ROAD
KIRK ROAD: CUT BRUSH
5TH STREET: CUT BRUSH
EQUIPMENT:
GRADALL: WELDED THE BUCKET,
TRUCK #17: INSTALLED SPINNER, REPAIRED LIGHTS. WASHED 11-26-07. 11-27-07 CHANGED WING EDGE, WORKED ON WELDING PLOW, WORKED ON SPINNER, TRIED TO GET TO WORK, BUT NEEDS AUGER, TO EXPENSIVE TO REPLACE.
TRUCK #2: RETURNED FROM NARR. MOTORS, AFTER HAVING NEW INJECTORS INSTALLED, WE THEN PATCHED THE HOLES IN THE ROOF. MOUNTED THE SPRAY SYSTEM ON THE TRUCK
LOADER: CHANGED RIGHT SIDE TIRES, BACK TO FRONT, FRONT TO BACK, 11-16-07 CLEANED THE INTERIOR CAB. INSTALLED NEW TOWN OF TUSTEN HIGHWAY STICKERS. ROCCO WORKED ON FIXING RUST SPOTS,
BACKHOE: CLEANED OUT THE CAB, INSTALLED NEW TOWN OF TUSTEN HIGHWAY STICKERS.
TRUCK # 18: 11-19-07 WASHED, WASHED 11-26-07, 11-27-07 ADJUSTED BRAKES, WASHED 12-3-07, WASHED 12-6-07
TRUCK # 26: 11-19-07 WASHED, REPLACED REAR STROBE LIGHT, WASHED 11-26-07, CHANGED LEFT REAR TIRE; IT WAS FLAT, WASHED 12-6-07
TRUCK #1: INSTALLED NEW MOTOR ON SANDER, REBUILT OLD ENGINE TO BE USED AS A SPARE, WASHED 11-26-07, PUT NEW EDGE ON
PLOW 12-5-07, WASHED 12-6-07
TRUCK # 24: WASHED 11-26-07, WHEELS WERE PAINTED ON 11-29-07, WASHED 12-6-07
TRUCK # 25: WASHED 11-26-07, WASHED 12-6-07
WATER AND SEWER REPORT
November 13, 2007- December 10,2007
Low bidder on Well#2 Roof was contacted negotiate pricing if NWD personnel performs demolition. Contractor reduced Pricing to $ 3,500 and was told to proceed.
Well#2 Roof Replacement is Complete after Demolition by NWD Personnel.
Kubota L35 Tractor 4 wheel drive system was Repaired.
Continued Removing Meters for Winter
Gas Heater at Well#3 Chlorine Room was Repaired
Replaced Toilet Tank ion Community Hall.
Re-Installed Ambulance Company to 4 Foot Depth and Replaced Curb Stand/Valve
DEC Performed Annual Inspection
Attended Disinfection By-Products Rule Class held by NYSDOH
Removed Radio Level Control System for Refurbishing.
ASSESSORS REPORT
The tax bills have gone to the printers. There is one court correction being made. Supervisor Johnson and the Tax Assessor went to Monticello to meet with the County Treasurer regarding the Gurdjieff Foundation. At this time they were told that any court action would be split, 1/3 by the school district, 1/3 by the County and 1/3 by the Town. This is not the kind of financial assistance that the county originally indicated that it would provide.
UDC REPORT
Charlie reported that, aside from the electric lines and the water stuff, Dave Forney is retiring from the Park Service. Sandy Shultz, who will also be retiring soon, will temporarily replace him. The nominating committee has presented a slate of officers; Alan Bauers for Chairman, Charles Wieland for Vice Chairman, and Jack Niflot for Secretary/Treasurer.
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
November 2007
FEMA Inspections – 0
Regular Inspections – 15
Certificate of Occupancy – 0
Certificate of Compliance – 1
Building Permits – 5
Camping – 0
Burn Permits - 3
Septic Permits – 0
C/O and violation search – 8
Stop Work – 1
Operating without CofO - 0
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 0
Monies collected by this office from November 1, 2007 to November 30, 2007 were $1,080.00.
Respectfully,
David W Sparling
OLD BUSINESS
RESOLUTION #149-07
ESTABLISH AN ENVIRONMENTAL COUNCIL
On motion of Supervisor Johnson, seconded by Councilwoman Buckman, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board establish a nine member Environmental Council to advise the Town Board and other Boards in the development, management and protection of the Town’s natural resources by the appointment of the nine candidates who applied and that the Town Board may set compensation at any point if it should decide to do so. Be it further resolved that four positions will be for three year terms and five positions will be for two year terms, selected randomly among the applicants.
The 3-year appointees are: Kathy Michell, Susan Sullivan, Cathleen Patane and James Stratton. The 2-year appointees are: Angelo DeVagno, David Holland, Linda Slocum, Kevin McClurkan and Helle Henricksen. A Chairperson will be appointed by the Council at the February meeting.
Dave Sparling read a comparison of the present and proposed building department fees. He included commercial wind and communications towers. After some discussion the Board voted to approve the commercial changes.
RESOLUTION #150-07
INCREASE BUILDING DEPARTMENT FEES
On motion of Supervisor Johnson, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the fee for Commercial Construction be changed from $100.00 plus $.25 per square foot to $125.00 plus $.30 per square foot; that the Building Renewal fee be increased from $100.00 to $150.00 (for one year only); and that the fee for Wind and Communication Towers be set at ½ of 1% of the value of the tower.
NEW BUSINESS
Supervisor Johnson said that parcel 16.-5-7 may be up for tax sale. It is a landlocked parcel within the town highway property which would be a benefit for the Town to purchase. The Supervisor wants authorization to go to the County with back taxes for the purposes of acquiring the parcel. The amount is less than $200.00.
RESOLUTION # 151-07
AUTHORIZE SUPERVISOR TO GO TO SULLIVAN COUNTY REAL PROPERTY REGARDING TAX SALE OF PARCEL 16.-5-7.
On a motion of Councilwoman Buckman, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Supervisor be authorized to go to Sullivan county Real Property for the purposes of acquiring parcel 16.-5-7 through tax sale.
The Scenic Byway committee sent two letters to the Board; one seeking applications for a grant of up to $8125 for the Town, and the other requesting continued financial support in the amount of $1000.00 for operating expenses.
RESOLUTION # 152-07
AUTHORIZE PAYMENT OF $1000 TO SCENIC BYWAY FOR ANNUAL OPERATIONS
On a motion of Councilwoman Wingert, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Board authorize payment of $1000.00 to the Upper Delaware Scenic Byways to assist in their annual operating expenses.
Supervisor Johnson read a proposed Local Law for Partial Real Property Tax Exemption for Cold War Veterans. Sullivan County has already passed a local law on this exemption. Any questions regarding this should be directed to Assessor Ken Baim. Sarah Koenig asked if this is for people who were not in active combat. Supervisor Johnson replied that is correct. A date for a Public Hearing on the following proposed Local Law was set for December 28, 2007 at 6:45 pm during the year end meeting.
PARTIAL REAL PROPERTY TAX EXEMTION FOR COLD WAR VETERANS
LOCAL LAW NO. 2 OF 2007
A Local Law to Authorize A Partial Real Property Tax Exemption for Cold War Veterans
Section 1 New York State Real Property Tax Law Section 458-b authorizes a partial exemption from real property taxes on a qualifying residential real property for Cold War Veterans, as defined in the Real Property Tax Law Section 458-b.
Section 2 The terms “Cold War Veterans”, “service connected”, “qualified owner”, “qualified residential real property”, and “latest state equalization rate” when referenced in this local law shall have the definition (s) ascribed to them in Real Property Tax Law Section 458-b(1).
Section 3 Pursuant to Section 458-b2(a) of the Real Property Tax Law the Town of Tusten is authorized to adopt a local law establishing a partial exemption from the Town portion of real property taxes for Cold War Veterans or qualified owners who own qualified residential real property within the Town of Tusten. It is the desire of the Town of Tusten Town Board to provide for such exemption on Town of Tusten properties to reward Cold War Veterans for their valued service to our country.
Section 4 Pursuant to Section 458-b (2) (a) (ii) of the Real Property Tax Law, the maximum exemption allowable from the Town of Tusten real property taxes shall be fifteen (15%) percent of the qualifying residential real property assessment not to exceed twelve thousand ($12,000) dollars or the product of twelve thousand ($12,000) multiplied by the latest state equalization rate of the assessing unit, whichever is less.
Section 5 Pursuant to Section 458-b (2) (b) of the Real Property Tax Law, there shall be an exemption in addition to the exemption provided in Section 4 above for a Cold War Veteran who received a compensation rating from the United States Veterans Affairs office from the United States Department of Defense because of a service connected disability. This exemption shall be equal to the product of the assessed value of the qualifying residential real property multiplied by fifty (50%) of the Cold War Veteran’s disability rating; provided, however, that such exemption shall not exceed forty thousand ($40,000) dollars or the product of forty thousand ($40,000) dollars multiplied by the latest state equalization rate for the assessing unit, whichever is less.
Section 6 If a Cold War Veteran receives an exemption pursuant to Real Property Tax Law Section 458 or Section 458-a, the Cold War Veteran shall not be eligible to receive the exemption established by this local law.
Section7 This local law shall take effect immediately upon its filing in the office of the Secretary of State.
Scott Birney read the proposed water and sewer rates, the schedule of fees and the revised policies.
RESOLUTION #153-07
ACCEPT THE FOLLOWING THREE DOCUMENTS AS PRESENTED REGARDING WATER AND SEWER RATE CHANGES, FEE SCHEDULES AND POLICIES
On motion of Councilwoman Wingert, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board accept the following:
Water and Sewer Rates For 2008
Sewer
Total Annual Charge
Service Charge per unit- $ 365.90 per year
Vacant Lot Charge per unit- $ 22.00 per year
Water
6 Month Accounts (Semi Annual Charge):
First Semi-Annual Billing per Demand Unit:
Minimum Charge- $59.36 for First 18,250 Gallons Used, $3.28 per Thousand Gallons thereafter
Second Semi-Annual Billing per Demand Unit
Minimum Charge- $60.46 for First 18,250 Gallons Used, $3.31 per Thousand Gallons thereafter
3 Month Commercial Accounts (Quarterly Charge):
First Quarter Billing per Demand Unit:
Minimum Charge- $29.69 for First 9,125 Gallons Used
$3.28 per Thousand Gallons for Next 81,125 Gallons Used
$2.52 per Thousand Gallons thereafter.
Second, Third and Fourth Quarter Billing per Demand Unit:
Minimum Charge- $30.23 for First 9,125 Gallons Used
$3.31 per Thousand Gallons for Next 82,125 Gallons Used
$2.65 per Thousand Gallons thereafter.
Bulk Water Sales (Bulk Tank or Truck)
Minimum Charge- $ 75.00 for the First 6000 Gallons Used
$ 12.50 per Thousand Gallons thereafter.
Water Ad Valorem Tax
to be Determined by Budget and Total District Assessments.
SCHEDULE OF FEES
Sewer-
Residential Service Permit Application Fee $75.00
Residential Onsite Permit Application Fee $75.00 plus engineering review and inspection fees as required by District Engineer
Multifamily/Commercial Service Permit Application Fee $150.00
Multifamily/Commercial Onsite Permit Application Fee $150.00 plus engineering review and inspection fees as determined by District Engineer
Violation search - of record $10.00
Violation search - inspection $25.00
Charge for Returned Check $15.00
Duplicate bill, per billing $2.00
Water-
Residential Permit Fee Application $75.00
Multifamily/Commercial Permit Fee Application $150.00
Violation search - of record $10.00
Violation search - inspection $25.00
Water turn on or off $10.00
Water turn on and off Same day $15.00
Remove or reinstall meter $10.00
Remove or reinstall meter and water turn on or off $15.00
Charge for Returned Check $15.00
Duplicate bill, per billing $2.00
Services requested before 7:00AM or after 3:30PM will incur a 2-hour minimum after hour service charge.
Equipment/Labor-
F-350 dump truck $21.00 per hour
Ranger $15.00 per hour
Mud pump $15.00 per hour
Air compressor $25.00 per hour
Small backhoe/loader $45.00 per hour
Tapping machine $75.00 per job
Tamper $20.00 per hour
Labor per man $35.00 per hour
Demolition Saw $20.00 per hour
NARROWSBURG WATER DISTRICT BILLING AND CHARGE POLICY
DEFINITIONS
ACCOUNT -billing profile that contains information such as owner name, owner address, meter address, meter rate, demand units, metered usage and payment history and other information necessary to contact, service and bill a specific OWNER for water use, availability or service.
BOARD, TOWN BOARD - The Town Board of the Town of Tusten acting
for and on behalf of the Narrowsburg Water District.
DEMAND CHARGE(s) - Reflect costs associated with providing facilities to meet potential peak rates of use or demands placed on the system by an owner's premises.
DEMAND UNIT - This number is multiplied by the MINIMUM CHARGE to reflect a DEMAND CHARGE.
OWNER - The owner(s) of premises supplied or to be supplied with water from the system .
METERED USAGE - The amount of water use calculated by the water meter.
MINIMUM CHARGE - the basic charge for the availability of water an account pays regardless of use.
SYSTEM - All pipes, pumps, storage vessels and facilities operated by the Narrowsburg Water District.
RIGHTS AND DUTIES OF OWNERS
The OWNER is responsible for the payment of all charges and penalties including those re-levied for non-payment. Bills will only be sent to the OWNER. The OWNER may request a duplicate bill to be sent to another party for an additional charge set forth in the SCHEDULE OF FEES FOR THE NARROWSBURG WATER AND SEWER DISTRICTS.
CALCULATION OF BILLS
All ACCOUNTS shall have bills calculated using rate tables incorporating a MINIMUM CHARGE, METERED USAGE and DEMAND CHARGES where applicable.
The Board shall establish by resolution and/or function of budget, rates, charges assessments and fees. The Board shall assess by resolution DEMAND CHARGES for each ACCOUNT.
METERS
A separate meter is required for each Dwelling, Commercial Establishment and Apartment Unit. There shall be assigned only one meter to each ACCOUNT. If a meter for each of the above is not present or practical a representative DEMAND UNIT(s) shall be assessed against the ACCOUNT using the DEMAND UNIT schedule.
Each Meter shall have a separate ACCOUNT assigned to it.
BILLING FREQUENCY
OWNERS shall be billed once every six months. OWNERS may request to be billed once every three months if the average usage routinely exceeds 800 gallons per day.
PAYMENT DUE DATE
All bills are due on the last day of the month that they are issued. Bills are considered paid on the date they are postmarked.
LATE PAYMENTS
When ACCOUNTS, billed every six months, are not paid in full by the due date they will be charged a 2% penalty on the outstanding balance. A 2% penalty will be charged on the outstanding balance every month thereafter until the total penalty is 10%.
When ACCOUNTS, billed every three months, are not paid in full by the due date they will be charged a 5% penalty on the outstanding balance. A 5% penalty will be charged on the outstanding balance at the end of the following month for a total penalty of 10%.
LATE NOTICES
When Accounts billed have not been paid in full, a late notice will be sent out in the beginning of October as a reminder that if the bill is not paid by October 31 of that month, the amount due will be re-levied as a lien onto the homeowner’s January property tax bill.
NON PAYMENT
The current and past due amounts plus penalties for that year will be turned over to the County for collection. The County will add an additional penalty and re-levy the total on the following year’s property taxes.
If an account does not receive a tax bill from the County of Sullivan and the water charges or fees are not paid within 180 days from the date of billing the supply of water may be terminated and the meter removed until all charges and fees have been paid in full.
Prior to such termination the District shall give not less than 10 days written notice to the OWNER of its intention to do so by certified mail with return receipt requested. Said notice shall be effective upon mailing.
NON PAYMENT CON'T
Before the restoration of water service to any such discontinued OWNER, the District may require payment in advance of all arrears together with the costs of termination and restoration of the service. This will include but may not be limited to a charge for turning off the water and removing the meter and a charge for turning on the water and reinstalling the meter.
BASIS FOR ASSESSMENT OF DEMAND CHARGES
DEMAND CHARGES are assessed using the schedule below. Accounts may have DEMAND UNITS assigned to them using a combination of criteria in the schedule.
DEMAND UNIT SCHEDULE
Demand Unit(s)
Single Family Dwelling 1
Two Family Dwelling 2
Commercial Establishment
(ie: Retail Shops, Offices
Restaurant, Barroom) 1
Apartment Units (each) 1
School 1 for each 23 occupants
(Based on Maximum Occupancy)
Meeting Halls 1
Church 1
Laundromat 1
Carwash 1
Institution 1 for each 4 residents
(Based on Maximum Occupancy)
Bed and Breakfast
(Owner Occupied) 1 plus 1 for each four rooms
(2 Minimum)
Inn/Hotel/Motel 1 for each four rooms
Commercial Sprinkler/Fire Fighting
Apparatus 1
A part time home-based business in operation less than 20 hours per week incidental to a single family dwelling shall not be assessed a DEMAND UNIT.
REVIEW OF CHARGES
The Board shall review not less often than every two (2) years the method for and application of DEMAND UNITS assessed on all accounts.
UNPAID WATER CHARGES TO BE A LIEN
Water charges shall constitute a lien upon real property served by the Narrowsburg Water District as they are incurred.
SERVICES INCURRED
All parts supplied, all services rendered and labor shall be billed to the customer in accordance with the Schedule of Fees for the Narrowsburg Water and Sewer Districts. {These fees are subject to change upon approval of the Board.}
MISSING/LOST BILLS
There shall be no rebates for late charges due to a claim of a lost or missing bill.
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RESOLUTION 154-07
AUTHORIZE THE BOOKKEEPER TO MAKE BUDGETARY TRANSFERS
On motion of Councilwoman Buckman, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Bookkeeper be authorized to make the following budgetary transfers:
General Account:
Increase A1430.1 by $2438.46
Increase A1430.4 by $200.00
Decrease A1990.4 by $2638.46
Highway Account:
Increase DA51104 by $1957.25
Increase DA90608 by $4429.29
Increase DA97107 by $2725.00
Decrease DA51204 by $9111.54
Water Account:
Increase SW83104 by $999.57
Increase SW97207 by $0.43
Decrease SW83204 by $1000.00
Sewer Account:
Increase SS97206 by $695.10
Decrease SS81204 by $695.10
RESOLUTION 155-07
DESIGNATE AUTHORIZED SIGNATURES ON CATSKILL HUDSON ACCOUNT
On motion of Supervisor Johnson, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Town Board designate the Supervisor, Bernard Johnson, and the Deputy Supervisor, Barbara Buckman, as the authorized signatures for the Capital Project Fund Account at the Catskill Hudson Bank
RESOLUTION #156-07
AUTHORIZE BOARD MEMBERS TO ATTEND ASSOCIATION OF TOWNS CONFERENCE
On motion of Supervisor Johnson, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board members who wish to attend the Association of Towns annual conference be authorized to attend with payment of costs by the Town.
RESOLUTION #157-07
EXTEND THE LEASE AGREEMENT WITH THE DVAA
On motion of Councilwoman Buckman, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board extend the lease agreement with the Delaware Valley Arts Alliance to 2014.
RESOLUTION # 158-07
SET DATE FOR ORGANIZATIONAL MEETING
On motion of Supervisor Johnson, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the date of the annual Organizational Meeting be set for 7:15 pm, January 14th, 2008.
PUBLIC COMMENT:
Sarah Koenig asked why the Town was interested in buying parcel 16.-5-7. It is a 50’X100’ landlocked parcel within the Town Highway property and purchase of it would limit the town’s liability on people accessing it through Town property. She also asked what the Town is going to use the Scenic Byway grant for. This is still open for suggestions. Mike Calvet asked if the Catskill Hudson Bank account is replacing another account and is direct deposit less expensive at that bank. Supervisor Johnson replied that it does replace another account and the cost of direct dposit is being looked at. Beth Recktenwal asked what the process would be if an elected official retires mid-term. Supervisor Johnson replied that a person would be appointed by the board until the next General Election at which time the unexpired term would be placed on the ballot. Ed Kraus asked if there is an 8% increase in the budget. There is, but the General Account decreased. The Highway increased but the option would be to cut back the Highway Department. A question was asked why the Highway needs two new trucks. Supervisor Johnson said he wanted to buy 2 new ones two years ago when it would have cost $30,000 less. He also said the expenses of repairing the old trucks were getting greater than the value of the vehicle. Ed Kraus questioned why the Town needs four large trucks. Supervisor Johnson explained that the man hours, time cost of benefits and overtime have to be weighed when a smaller vehicle has to make more small runs than a large truck that can do the job in one run. Kathy Hector asked what the qualifications were for absentee voters. Supervisor Johnson explained that those decisions are made by the County Election Board. The Clerk gave her an absentee ballot application for her information.
There being no other public comment, on a motion of Councilwoman Wingert, seconded by Councilwoman Buckman, the meeting was adjourned at 8:58pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk
The Year End meeting of the Town of Tusten was held on December 28th, 2007 at 6:30pm at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilwoman Barbara Buckman
Councilwoman Eileen Falk
Councilwoman Carol Wingert
ABSENT Councilman Lewis Meckle
OTHERS PRESENT: Kathy Michell, Town Clerk; Mr. George Kinch, Highway Superintendent; Mr. Scott Birney, Water & Sewer Superintendent; Ms. Debra Wasylyk, Highway Clerk; Mr. Dave Sparling, Code Enforcement Officer; Mr. Ken Baim, Assessor; Mr. Ed Jackson, Planning Board Chairman and Ms. Victoria Skabowski, Bookkeeper and two members of the public.
Supervisor Johnson called the meeting to order at 6:30 pm with the pledge to the flag.
RESOLUTION #159-07
ACCEPT MINUTES AS PRESENTED
On motion of Councilwoman Buckman, seconded by Councilwoman Wingert, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the minutes of the December 10th, 2007 meeting be accepted as presented.
Supervisor Johnson read the expenditures report. Councilwomen Falk and Wingert were reviewing the bills.
CORRESPONDENCE
At 6:45pm Supervisor Johnson recessed the meeting to open the Public Hearing on the Cold War Veteran’s Exemption. Dick Crandall said he supports it. He said he served from 1958-1960 and appreciates any compensation he can have for his past service. Ed Kraus also supports it. He believes that all vets should be compensated equally since they did not get to choose the time they were going to serve. Ken Baim said that he remembered the tensions of the Soviet Union. Without these guys serving there could have been a different result.
RESOLUTION #160-07
CLOSE PUBLIC HEARING
On motion of Councilwoman Buckman, seconded by Councilwoman Wingert, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Public Hearing on the Cold War Veteran’s Exemption be closed.
There was a question about one of the bills for the Deputy Highway Superintendent.
RESOLUTION #161-07
PAY BILLS
On motion of Councilwoman Buckman, seconded by Supervisor Johnson, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid on in the following amounts except the bill for Deputy Highway Superintendent until it is researched.
General Account $ 16,584.63
Highway Account 28,901.50
Water Account $ 5,682.13
Lighting Account $ 0.00
Sewer Account $ 6,185.02
Total $ 57,353.28
RESOLUTION #162-07
AUTHORIZE BUDGETARY TRANSFERS
On motion of Councilwoman Falk, seconded by Councilwoman Buckman, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Bookkeeper be authorized to make the following budgetary transfers: General
Decrease
A1110.4 Justices Contractual $3,055.28
A1310.4 Engineer $5,270.74
A1420.4 Attorney Fee $3,037.14
Total $11,363.16
Increase
A1620.4 Building Expenses $9,399.25
A4020.4 Registrar Vital Stat $ 10.00
A5010.4 Supt Hwy Cont $ 185.56
A5050.12 Hwy Clerk $ 300.00
A5132.4 Garage $ 1,188.35
A7510.4 Historian $ 42.55
A9030.8 Social Security $ 237.45
Total $11,363.16
Highway
Decrease
DA51101 Maint of Streets-PS $2,505.26
DA51204 Perm Improve Hwy-Contr $2,888.46
DA51305 Fuel $5,446.15
Total $10,839.87
Increase
DA51304 Machinery-Contr $6,839.44
DA90608 Hosp/Med. Ins. $4,000.43
Total $10,839.87
Sewer
Decrease
SS81302 Sewage Treat Disposal-PS $540.61
Total $540.61
Increase
SS81101 Sew/Pers/Sr $0.01
SS81304 Sewage Treat Disposal-Contr $540.60
Total $540.61
RESOLUTION #163-07
ESTABLISH WATER DEPARTMENT RESERVE ACCOUNT
On motion of Supervisor Johnson, seconded by Councilwoman Buckman, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Board authorizes the transfer of SW9901 to establish a reserve account for the water department.
The date for the Organizational Meeting of the Town of Tusten was set for January 7th, 2008 at 7:00 pm since the January 14th date originally set was too late in the month.
RESOLUTION #164-07
ADOPT LOCAL LAW 2007-02, THE COLD WAR VETERAN’S EXEMPTION
On motion of Councilwoman Falk, seconded by Councilwoman Wingert, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Cold War Veteran’s Exemption, as follows, shall be adopted as Local Law 2007-02 in the Town of Tusten.
PARTIAL REAL PROPERTY TAX EXEMTION FOR COLD WAR VETERANS
LOCAL LAW NO.2 OF 2007
A Local Law to Authorize A Partial Real Property Tax Exemption for Cold War Veterans
Section 1 New York State Real Property Tax Law Section 458-b authorizes a partial exemption from real property taxes on a qualifying residential real property for Cold War Veterans, as defined in the Real Property Tax Law Section 458-b.
Section 2 The terms “Cold War Veterans”, “service connected”, “qualified owner”, “qualified residential real property”, and “latest state equalization rate” when referenced in this local law shall have the definition (s) ascribed to them in Real Property Tax Law Section 458-b(1).
Section 3 Pursuant to Section 458-b2(a) of the Real Property Tax Law the Town of Tusten is authorized to adopt a local law establishing a partial exemption from the Town portion of real property taxes for Cold War Veterans or qualified owners who own qualified residential real property within the Town of Tusten. It is the desire of the Town of Tusten Town Board to provide for such exemption on Town of Tusten properties to reward Cold War Veterans for their valued service to our country.
Section 4 Pursuant to Section 458-b (2) (a) (ii) of the Real Property Tax Law, the maximum exemption allowable from the Town of Tusten real property taxes shall be fifteen (15%) percent of the qualifying residential real property assessment not to exceed twelve thousand ($12,000) dollars or the product of twelve thousand ($12,000) multiplied by the latest state equalization rate of the assessing unit, whichever is less.
Section 5 Pursuant to Section 458-b (2) (b) of the Real Property Tax Law, there shall be an exemption in addition to the exemption provided in Section 4 above for a Cold War Veteran who received a compensation rating from the United States Veterans Affairs office from the United States Department of Defense because of a service connected disability. This exemption shall be equal to the product of the assessed value of the qualifying residential real property multiplied by fifty (50%) of the Cold War Veteran’s disability rating; provided, however, that such exemption shall not exceed forty thousand ($40,000) dollars or the product of forty thousand ($40,000) dollars multiplied by the latest state equalization rate for the assessing unit, whichever is less.
Section 6 If a Cold War Veteran receives an exemption pursuant to Real Property Tax Law Section 458 or Section 458-a, the Cold War Veteran shall not be eligible to receive the exemption established by this local law.
Section7 This local law shall take effect immediately upon its filing in the office of the Secretary of State.
Scott Birney asked the Board for authorization to buy a plow. To date he has received 3 written quotes and 5 prices from suppliers. So far the low price is from RTS at $5170. for a V-plow.
RESOLUTION #165-07
AUTHORIZE WATER AND SEWER SUPERINTENDENT TO PURCHASE PLOW
On motion of Councilwoman Wingert, seconded by Councilwoman Buckman, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Water and Sewer Superintendent be authorized to purchase a V-plow at the lowest quote.
Code Enforcement Officer Dave Sparling presented his proposals for increases in building fees. He said he appreciates the three increases made by the Board at the last meeting but thinks it is time to address the other fees. This year the fees coming in cover 50% of the cost of running the department. Lat year they covered 60%. Councilwoman Falk asked when the clerk position was added, Dave replied August 2006. He also mentioned that the new flood maps are coming out next year and that residents in a flood zone will be required to have flood insurance whether or not they have a mortgage. There was no discussion on the proposed fees.
RESOLUTION #166-07
ADOPT NEW BUILDING DEPARTMENT FEE SCHEDULE
On motion of Councilwoman Buckman, seconded by Supervisor Johnson the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED, that the Board adopt the following 2008 Building Department fee schedule as presented by the Code Enforcement Officer:
Residential Construction $50.00 plus $.25/sq ft (from $.20)
Accessory Bldgs and Alterations $50.00 plus $.15/sq ft (from $.10)
Deck $25.00 plus $.10/sq ft plus $25 CofC (was $85.00)
New Chimney for Solid Fuel $30.00 plus $25.00 CofC
Signs $25.00
Driveway/Road Access $35.00
Sewage Disposal Permit $50.00
Well Permit $25.00 (new fee)
Certificate of Occupancy $50.00
Violation Search $75.00 (was $60.00)
Building Permit Renewal $150.00 (was $100.00) (1 year only)
Electrical Repairs, Mechanical $25.00 plus $25.00 CofC
Pool Permit for Electrical $25.00 plus $25.00 CofC
Demolition $25.00
Supervisor Johnson asked if there was any other business. Highway Superintendent George Kinch mentioned that one of the old trucks caught on fire in the garage but they put it out.
PUBLIC COMMENT
Ed Kraus asked a few questions about the proposed flood insurance requirements. Ed Jackson thanked the Board for passing the Cold War Veteran’s Exemption. Vicky Skabowski thanked the Board for the opportunity to work with them. Supervisor Johnson thanked Vicky and Barbara Buckman for all their years of service and wished them the best in the future. Barbara read a statement thanking everyone for their support of her past eight years on the Board. She said it was very rewarding. She jokingly threatened George Kinch and warned Supervisor Johnson, “You ain’t seen the last of me yet.”
On motion of Councilwoman Wingert, seconded by Councilwoman Buckman, the last meeting of 2007 was adjourned at 7:30 pm.
Respectfully submitted,
Kathleen Michell, Town Clerk