An Organization meeting of the Town of Tusten was held on January 7, 2008 at 7:00 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Eileen Falk
Councilman Carol Wingert
Councilman Lisa Dowling
ABSENT Councilman Lewis Meckle
OTHERS PRESENT: Kathy Michell, Town Clerk; Mr. Scott Birney, Water & Sewer Superintendent; Mr. George Kinch, Highway Superintendent; Ms. Debra Wasylyk, Highway Clerk; Mr. Dave Sparling, Building Inspector; Mr. Edwin Jackson, Planning Board Chairman; Karen Valenti, Bookkeeper; Ken Baim, Assessor; & five members of the public.
The meeting was called to order at 7:10 pm by Supervisor Johnson with the pledge to the flag. Supervisor Johnson said that the Board would discuss the following resolutions since he did not have time to distribute them to the Board members in advance of the meeting for their review.
RESOLUTION # 1-08 BOARD APPOINTMENTS
BUDGET/FISCAL OFFICER BERNARD JOHNSON
WATER/SEWER CLERK JOCELYN STRUMPFLER
WATER/SEWER SUPERINTENDENT R. SCOTT BIRNEY
BOOKKEEPER KAREN VALENTI
HISTORIANS ARTHUR HAWKER
BARBARA BUCKMAN
CODE ENFORCEMENT OFFICER DAVID W. SPARLING
CLERK/INSPECTOR JOCELYN STRUMPFLER
YOUTH COMMITTEE SARI LANG
DAWN CURRERI
ANNA CAMPFIELD
MICKIE KNECHT
ZONING BOARD CHAIRMAN ANTHONY RITTER
ANIMAL CONTROL OFFICER MICHAEL COOKINGHAM
UDC REPRESENTATIVE CHARLES WEILAND
UDC ALTERNATE REPRESENTATIVE BERNARD JOHNSON
OFFICIAL DEPOSITORIES BANK OF AMERICA
1ST NAT’L. BANK OF
JEFFERSONVILLE
CATSKILL HUDSON BANK
ATTORNEY FOR TOWN JEFFREY P. CLEMENTE ESQ.
OFFICIAL PAPER THE RIVER REPORTER
OFFICIAL PAPER SULLIVAN COUNTY DEMOCRAT
PLANNING BOARD CHAIRMAN EDWIN JACKSON
HEALTH OFFICER JON STERNBERG
COURT BAILIFF CARMINE RUFRANO
UDSB EDWARD BOYER
UDSB ALT BERNARD JOHNSON
Resolution # 2-08
Meeting Times
RESOLVED that regular meetings of the Town Board of the Town of Tusten be held at the Town Hall, 210 Bridge St., Narrowsburg, NY at 7:00 p.m. on the second Monday of each month.
Resolution # 3-08
Payment of Bills
RESOLVED That the Supervisor be authorized to pay public utility service bills as received to avoid penalties and/or take advantage of discounts.
Resolution # 4-08
Mileage
RESOLVED the payment for mileage be forty-eight (48) cents per mile.
RESOLUTION # 5-08
ANNUAL FINANCIAL REPORT
RESOLVED that the board accept the financial report of Certified Public Accounting Firm, Cooper & Niemann of 740 Route 17B, P.O. Box 190, Mongaup Valley, NY 12762, in lieu of the Supervisors annual financial report.
Resolution # 6-08
Procurement Policy
RESOLVED The Board adopts the current procurement policy.
Resolution # 7-08
facimilie signature
RESOLVED that the Supervisor and the Highway Superintendent be authorized to use a facsimile signature.
RESOLUTION # 8-08
ESTABLISHMENT OF COMMITTEES
HIGHWAY COMMITTEE LEWIS MECKLE, LISA DOWLING
BUILDING COMMITTEE LEWIS MECKLE, LISA DOWLING
SEWER & WATER COMMITTEE EILEEN FALK, CAROL WINGERT
YOUTH COMMISSION LIASON EILEEN FALK, CAROL WINGERT
RESOLUTION # 9-08
APPOINTMENTS TO THE PLANNING BOARD
RESOLVED that the following be appointed to the Planning Board:
Michael Eurey to fill the remainder of the term of Lisa Dowling
Ken Baim re-appointed to a 7-year term
Alternate member – to be filled at a future date
RESOLUTION # 10-08
APPOINTMENT TO THE ZONING BOARD OF APPEALS
RESOLVED that the following be re-appointed to the Zoning board of Appeals:
Edward Lang – 5 year
RESOLUTION # 11-08
SCHEDULE FOR AUDIT OF MONTHLY BILLS
RESOLVED that the following schedule apply to the monthly audit of bills:
1st quarter Lisa Dowling, Eileen Falk
2nd quarter Lewis Meckle, Carol Wingert
3rd quarter Lewis Meckle, Lisa Dowling
4th quarter Carol Wingert, Eileen Falk
On a motion of Councilman Wingert, seconded by Councilman Dowling, resolutions 1-08 through 11-08 were adopted as presented
ADOPTED AYES 4 NAYS 0
Supervisor Johnson made an additional appointment; Barbara Buckman, as his Deputy Supervisor. This position is appointed by the Supervisor and assumes the responsibilities of the Supervisor in his absence.
RESOLUTION # 12-08
REAPPOINT DEBRA WASYLYK HIGHWAY CLERK
On a motion of Supervisor Johnson, seconded by Councilman Dowling, the following resolution was
ADOPTED AYES 4 NAYS 0
RESOLVED that Debra Wasylyk be re-appointed as Highway Clerk
Councilman Falk questioned the mess that Ned is making up on the hill. Some discussion ensued regarding the extent of clear cutting that is allowed. Ken Baim said there was a 2 acre maximum. Dave Sparling was unsure and will look into it. Supervisor Johnson said Ned had to get an engineer for the erosion control issue.
On a motion of Councilman Wingert, seconded by Councilman Falk, the organizational meeting was adjourned at 7:25 pm.
Respectfully submitted, ________________________________Kathleen Michell, Town Clerk
A Regular meeting of the Town of Tusten was held on January 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 Wingert
Councilman Dowling
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. Edwin Jackson, Planning Board Chairman; Mrs. Debra Wasylyk, Highway Clerk; Mr. Ken Baim, Assessor; Mr. Charlie Wieland, UDC Representative; County Legislator David Sager; Mrs. Barbara Buckman, Deputy Supervisor; Sue Hallock of the Sullivan County Democrat, and approximately 9 members of the general public.
Supervisor Johnson called the meeting to order at 7:15 pm with the pledge to the flag.
The minutes of the Year End meeting and the Organizational meeting were tabled until next month to enable Board Members adequate time to read them. Minutes of the Regular December meeting were approved at the Organizational meeting.
Supervisor Johnson read the expenditures report. There were three late bills that were checked by the Board. Supervisor Johnson asked if there were any questions.
RESOLUTION #13-08
PAYMENT OF BILLS
On motion of Supervisor Johnson, seconded by Councilman Dowling the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts and three late bills as presented.
General Account $ 44,252.90
Highway Account $ 16,585.47
Water Account $ 17,075.06
Lighting Account $ 1036.00
Sewer Account $ 8,416.09
Total $ 87,365.52
Water & Sewer Financial Report
Water $ 0 Service $ 30.00 Penalties $ 0 Total $ 30.00
Sewer $ 59.36 Service $ 0 Penalties $ 0 Total $ 59.36
TOTAL COLLECTED: $ 89.36
CORRESPONDENCE
HIGHWAY REPORT
DECEMBER 12, 2007 TO JANUARY 11, 2008
WE HAD 7 STORMS USING 219 HOURS OF OT
TRUCK # 17 IS BROKE DOWN AND HAS BEEN FOR THE LAST FEW WEEKS.
ALL THE MEN ATTENED A AIR BRAKE CLASS ON 12-20-07
QUARTLY REPORTS WERE SENT TO ALBANY ON THE NEW WEIDEN PROJECT
WE DID OUR YEARLY TRAINING ON PERSONAL PROTECTION
ROADS:
TROUT POND ROAD: USED 20 TON OF SURGE STONE, AND 20 TON OF CRUSHER RUN TO FILL IN RUT.
DEXHEIMER ROAD: CLEARED OUT A TREE LIMB ON 1-3-08
EQUIPMENT:
TRUCK #1: 12-9-07 BLEW HYDRAULIC LINE, HAS BEEN REPAIRED.
TRUCK #4: WASHED 12-9-07, PREPARED AND USED FOR STORMS BECAUSE
# 17 IS BROKE DOWN
TRUCK # 18: WASHED 12-9-07, ON 12-14-07 WING PLOW DUG IN AND CAME BACK AND HIT PASSENGER DOOR, BROKE MIRROR, WINDSHIELD AND SIDE WINDOW. THIS HAS SINCE BEEN REPAIRED.
TRUCK # 24: WASHED 12-9-07, BROKE DOWN ON 12-13-07 FUEL WAS NOT GETTING TO SOLONIED, 12-17-07 BROKE DOWN AGAIN, NEEDED A NEW FAN, THIS HAS BEEN REPAIRED. 12-21-07 TOOK TO ARKEL TO REPAIR A COMPUTER PROBLEM, THEN TO AMTHOR TO GET A NEW PLOW LIFT CYLINDER, 12-26-07 GREASED , WASHED 1-8-08
TRUCK # 25: WASHED 12-9-07, WASHED 1-7-09 TRUCK #2: WASHED 12-19-07
LOADER: WASHED 12-19-07, WASHED 1-8-08 BACK HOE: WASHED 12-19-07
TRUCK # 26: 12-26-07 WAS SERVICED
WATER AND SEWER REPORT
December 12,2007 – January 14, 2008
Started Winter Equipment Maintenance.
Attended OSHA 10 hour course courtesy of Lang Enviroventures.
Leak Detected District with assistance of Rural Water Association
Received newly galvanized bracket for Radio Level Control System, procuring remaining parts for to reinstallation.
Checked operation of all effluent stations.
Read all water meters and sent bills.
Responded to septic tank overflow at Peck’s Mall.
Responded to problem at effluent station- failed float, station is in bad repair and will be refurbished in spring.
Plow installed on F350
Procuring pricing on bed cap for Ranger.
Answered sewer call regarding sewer smell in home on Hickory Lane, odor was from cracked pipe in basement.
Started assembling list of waterworks and sewer parts for bidding to local distributers.
Ordered pump station replacement lids.
ASSESSORS REPORT
Exemption applications are coming in sooner since they were sent out earlier this year.
UDC REPORT
Charlie Wieland reported that they have a new NPS Superintendent, Al Martinez. The new UDC officers are Alan Bowers, Chair; Charlie Wieland, Vice Chair; and Jack Niflot, Secretary/Treasurer.
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
December 2007
FEMA Inspections – 0
Regular Inspections – 16
Certificate of Occupancy – 4
Certificate of Compliance – 1
Building Permits – 2
Camping – 0
Burn Permits - 1
Septic Permits – 0
C/O and violation search – 3
Stop Work – 0
Operating without CofO - 0
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 0
Monies collected by this office from December 1, 2007 to December 31, 2007 were $830.60.
Annual Report 2007
FEMA Inspections – 0
Regular Inspections – 219
Certificate of Occupancy – 25
Certificate of Compliance – 25
Permits – 111
Garage/Addition – 6
Accessory Building – 9
Alterations/Renovation – 11
Camping – 9
Burn Permits – 6
Deck – 14
Demolition – 5
Driveway -15
Electrical -11
New Homes – 11
Outdoor Wood Stove – 0
Pellet Stove – 0
Pool – 3
Renewal - 3
Septic Permits – 2
Sign – 3
Solar Panels – 0
Timber Harvest - 3
C/O and violation search – 63
Stop Work – 2
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 1
Violation Notices/Inspections – 15
Court Appearances - 1
Monies collected by this office from January 1, 2007 to December 31, 2007 were $18,293.90
Respectfully,
David W Sparling
CEO Sparling said he sent a letter to the Board regarding derelict houses. In answer to the question about how much land can be cleared on a lot. It is 15%, however, after 3.5 acres the DEC issue of stormwater run-off kicks in.
OLD BUSINESS
None.
NEW BUSINESS
RESOLUTION #14-08
AUTHORIZE THE SUPERINTENDENT OF HIGHWAYS TO BID FOR THE MCHUGH RD BRIDGE REPLACEMENT
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Highway Superintendent be authorized to assist MJS Engineering to put bid specs out for the McHugh Rd bridge replacement to be opened at the next regular meeting.
RESOLUTION #15-08
AUTHORIZE THE SUPERINTENDENT OF HIGHWAYS TO MAINTAIN SULLIVAN WEST SOCCER FIELD
On motion of Councilman Falk, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Highway Superintendent be authorized to maintain the Narrowsburg field of the Sullivan West School District for the AYSO soccer season
The Planning Board received three applications for the position of Planning board Alternate.
RESOLUTION #16-08
APPOINT GEORGIA CAMPFIELD AS PLANNING BOARD ALTERNATE
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that, upon recommendation of the Planning Board Chairman Ed Jackson, the Board appoint Georgia Campfield for the one year term of Planning Board Alternate.
Dave Sparling discussed Building Department Operational Permits. He said the Board needs to establish a permit with a variable fee schedule for non-profits and for-profits. He would like to have this in place by next year. It will be necessary for any gathering of over 100 people. Ken Baim asked if it applied to the town hall. Dave said yes, if there are over 100 people.
RESOLUTION # 17-08
SET PUBLIC HEARING FOR LOCAL LAW #1 OF 2008, UNIFORM PREMISES ID LAW
On a motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that a Public Hearing for the Uniform Premises ID Local Law #1 of 2008 be set for February 11th, 2008 at 7:30 pm. The proposed law reads:
Whereas the Town of Tusten is charged with providing for the safety and welfare of its residents; and
Whereas the County of Sullivan has developed an Emergency 911 address system, which includes the Town of Tusten, to aid emergency responders to quickly find locations needing emergency services; and
Whereas the Narrowsburg Fire Department, The Lava Volunteer Fire Department and the Tusten Volunteer Ambulance Corps. have requested that the Town Board of the Town of Tusten require uniform posting of Emergency 911 addresses; and
Whereas the Fire Code of New York State, the Residential Code of New York State and the Building Code of New York State require premises identification on all buildings; and
Whereas the Sullivan County E-911 Center recommends a standard that numbers should be a minimum of three inches and made of reflective material; and
Whereas it is generally recognized that a uniform method of address markers greatly enhances the speed and accuracy of locating emergency sites,
THEREFORE, let now be resolved that the Town Board of the Town of Tusten adopt Local Law 1 of 2008 which shall be known as The Uniform Premises Identification Law, as follows:
Every premise within the Town of Tusten of residential or commercial or mixed occupancy, shall have its approved Sullivan County E-911 address clearly and uniformly displayed:
1. At the driveway’s intersection with the road, or if there is no driveway (such as in the downtown business district) then on the face of the building which abuts the road;
2. On 6” by 18” blue reflective backgrounds;
3. Using white reflective numbers that are a minimum of three inches in height and which have a stroke of 1/2 inch
4. Existing address signs with a green background may be kept provided they are located at the driveway interface with the road
Dave Sparling received a letter from JNS Enterprises regarding a cell tower at the town garage property. They are ready to move forward. The Town needs to designate an individual, usually the Supervisor, to sign paperwork.
RESOLUTION # 18-08
AUTHORIZE THE SUPERVISOR TO SIGN CELL TOWER APPLICATION
On a motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Supervisor be authorized to sign necessary paperwork to move forward on the proposed cell tower at the town garage.
Councilman Wingert suggested that the Town consider allowing cell towers in R2 and not just R1. Supervisor Johnson said that the Zoning will be revisited as part of the Comprehensive Plan.
The Tusten Volunteer Ambulance Service does not have a current up-to-date lease with the Town for the Police Barracks. The old lease was $6500/year. They are asking for a fuel price increase clause.
RESOLUTION #19-08
AUTHORIZE THE SUPERVISOR TO SIGN A LEASE AGREEMENT WITH TVAS FOR THE PURPOSES OF THE STATE POLICE BARRACKS
On motion of Supervisor Johnson, seconded by Councilman Dowling, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Board authorize the Supervisor to sign a lease agreement with the Tusten Volunteer Ambulance Service for the purpose of the State Police Barracks.
RESOLUTION #20-08
AUTHORIZE THE BOOKKEEPER TO MAKE BUDGETARY TRANSFER
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Bookkeeper be authorized to make the transfer of $10.00 from A1220.4 to A1920.2 for municipal dues
Supervisor Johnson said he wants to appoint a committee to look at municipal services incentives for funding efficiency. He appointed Councilman Wingert and Councilman Falk to research this. He will give them contact information through the Association of Towns. Supervisor Johnson said that the Board will also need to appoint a committee with members from the Board, Zoning, Planning and the Public to re-visit the Zoning to see what is and what is not consistent with the Comprehensive Plan.
PUBLIC COMMENT:
Bob Weigers said he has lived at the end of Crawford Rd for 35 years and the condition of the road is the worst he has ever seen it. It is almost impassable. They put out modified and then plow it up. Danusa Weigers also commented on its condition. Supervisor Johnson said that the increase in traffic has contributed to the problem. Also the road has no base. Supervisor Johnson asked Highway Superintendent Kinch to talk with the County DPW for any suggestions. He said there are a lot of issues with that road. Ed Kraus said he was walking when a car pulled up to him and asked why he turned them over to the CEO. He said he did not and told the person to ask the CEO who it was. The person said he was just told that someone complained. Ed did not liked being blamed for something he didn’t do. Dave Sparling said he has to treat all complaints, formal or verbal, the same. At 8:05 Sue Hallock took pictures of the Board for the Democrat.
RESOLUTION #21-08
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 8:15 pm for the purpose of discussing pending litigation.
RESOLUTION #22-08
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 8:30 pm.
RESOLUTION #23-08
AUTHORIZE SUPERVISOR TO WORK WITH TOWN ATTORNEY RE: PREVIOUS JUDGEMENT ON KRANTZ PROPERTY
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED AYES 4 NAYS 0
RESOLVED that the Supervisor be authorized to work with the town attorney regarding a previous judgment on the Krantz property at Hunt’s Corners on Rt 52.
There being no other public comment, on a motion of Councilman Wingert, seconded by Councilman Falk, the meeting was adjourned at 8:32pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk