A Recessed meeting of the Town of Tusten was held on June 2nd, 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
Councilman Lewis Meckle
OTHERS PRESENT: Mrs. Kathy Michell, Town Clerk; Jeffrey Clemente, Attorney for the Town; Ken Baim, Assessor; Ira Cohen, County Treasurer; Nancy Buck, Treasurer’s Office; Joe Giannola, from the Gurdjieff Foundation; Mrs. Barbara Buckman, Deputy Supervisor.
A letter was received from the new owner of the Main Street Café requesting a waiver of the 30 day notice for applying for a liquor license.
RESOLUTION #78-08
GRANT WAIVER OF 30 DAY NOTICE
On motion of Supervisor Johnson, seconded by Councilman Wingert the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the Board grant a waiver of the 30 day notice for applying for a liquor license to the Main Street Café.
RESOLUTION # 79-08
ENTER INTO EXECUTIVE SESSION
On motion of Supervisor Johnson , seconded by Councilman Wingert, the following resolution was
ADOPTED AYES 5 NAYS 0
RESOLVED that the Town Board enter into executive session at 7:15 pm upon recommendation of the attorney for the Town to enable him to brief the Board on possible litigation.
Supervisor Johnson asked that the Board allow the Town Clerk and Tax Assessor to remain present. During the executive session, Ira Cohen, Nancy Buck and Joe Giannola were also bought in to the meeting.
RESOLUTION #80-08
EXIT EXECUTIVE SESSION
On motion of Supervisor Johnson, seconded by Councilman Dowling the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the Town Board exit executive session at 9:02 pm with no action taken.
RESOLUTION #81-08
ACCEPT AGREEMENT WITH GURDJIEFF FOUNDATION
On motion of Supervisor Johnson, seconded by Councilman Meckle the following resolution was
ADOPTED AYES 4 NAYES 1 (Councilman Falk)
RESOLVED that the Town Board accept the agreement with the Gurdjieff Foundation for payment in lieu of taxes as presented by Jeffrey Clemente, Attorney for the Town of Tusten.
There being no further discussion, on a motion of Councilman Wingert, seconded by Councilman Meckle, the meeting was adjourned at 9:10pm.
Respectfully submitted, __________________________Kathleen Michell, Town Clerk
A Regular meeting of the Town of Tusten was held on June 9th, 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: 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. Tony Ritter, Zoning Board Chairman; Kevin McDonough, Acting Zoning Chairman; Pat Carullo, Damascus Citizens Group; Mrs. Barbara Buckman, Deputy Supervisor; Fritz Mayer of the River Reporter and approximately 8 members of the general public.
Supervisor Johnson called the meeting to order at 7:08 pm with the pledge to the flag.
RESOLUTION #82-08
ACCEPT MINUTES AS PRESENTED
On motion of Councilman Wingert, seconded by Councilman Dowling the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the minutes of the regular April 14th, 2008 and Recessed April 22nd and April 28th, 2008 Town Board meetings be accepted as presented. Minutes of the May 12th, 2008 meeting will be held for the July meeting.
Supervisor Johnson read the expenditures report. Councilman Meckle had reviewed the bills and had no questions.
RESOLUTION #83-08
PAYMENT OF BILLS
On motion of Supervisor Johnson, seconded by Councilman Meckle the following resolution was
ADOPTED AYES 5 NAYES 0
RESOLVED that the bills be paid in the following amounts as presented:
General Account $ 29,768.33
Highway Account $ 184,289.80
Water Account $ 9,612.57
Sewer Account $ 8,619.79
Lighting Account $ 1,037.00
Total $ 233,327.49
Water & Sewer Financial Report
Water $271.39 Service $ 45.00 Penalties $ 21.71 Total $ 338.10
Sewer $567.85 Service $ 0.00 Penalties $ 44.79 Total $ 612.64
TOTAL COLLECTED: $ 950.74
CORRESPONDENCE
HIGHWAY REPORT
REPORT FOR MAY 10, 2008 TO JUNE 8, 2008
WE HAULED THE SAND FROM THE SEWER PLANT
WE HAVE DONE OUR PAVING, AND WILL BE SEALING.
WE HAD HELP FROM DELAWARE, HIGHLAND, LUMBERLAND, AND THOMPSON
TOOK TWO LOADS OF STEEL FROM SPRING CLEAN UP TO WEINERTS:
NEW WEIDEN LAKE BOX CULVERT IS DONE, WAITING FOR ENGINEER TO DO FINIAL INSPECTION
I ATTENDED THE ANNUAL HIGHWAY SUPERINTENDENTS SCHOOL IN ITHACA.
ROADS:
IRISH HILL: PATCHED IN PREP FOR PAVING, AND SWEPT, PAVED
HICKORY: PATCHED IN PREP FOR PAVING, AND SWEPT, PAVED
OAK,: PATCHED IN PREP FOR PAVING, AND SWEPT, PAVED
CULLEN: PAVED
ENGLEMAN: PAVED
HILLTOP LANE: PAVED
HINKLEY : PAVED
CACKLETOWN: PAVED
BUDDENHAGEN: PAVED
WEBER: PAVED
WOOD OAK: PATCHED WITH GRADER MIX, DITCHED BY MARKHAMS
BROOK ROAD: 5-29-08 OPENED UP PLUGGED PIPES FROM BEAVERS
HUMPHREY ROAD: GRADED, USED 30 TONS OF CRUSHER RUN, YORK RAKED AND ROLLED,
ACKERMAN: YORK RAKED, ROLLED USED 180 TONS OF CRUSHER RUN
PERRY POND: BACK PART, YORK RAKED AND ROLLED USED 180 TON OF CRUSHER RUN
BEAR RUN: GRADED, ROLLED, USED 60 TON OF CRUSHER
BROOK DRIVE: GRADED, ROLLED, USED 60 TN OF CRUSHER
KIRK ROAD: DITCHED IN FRONT OF PECKS
EQUIPMENT:
TRUCK # 18: REPLACED FRONT HUB PASSENGERS SIDE ( CRACKED), INSTALLED HITCH FOR CHIPPING ,
TRUCK # 17: INSTALLED HITCH FOR CHIPPING
FD7: INSTALLED NEW IDLER AND REPLACE FOUR BROKEN BOLTS
WATER AND SEWER REPORT
May 13 – June 9, 2008
Continuing renovation of Effluent Stations.
Kirk’s Road pump station panel has arrived with some deficiencies.
Worked with Highway Department to raise water and sewer structures during paving.
Ranger truck cap is installed.
Highway department completed removing of sand from plant and will be reimbursed with FEMA funds.
Attended Rural Water Annual technical conference.
Installed new water fountain at playground.
Completed and mailed Annual Water Quality Report.
Collected and mailed annual water sampling to testing labs.
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
May 2008
FEMA Inspections – 0
Regular Inspections – 19
Certificate of Occupancy – 2
Certificate of Compliance – 1
Building Permits – 17
New Homes - 4
Camping – 0
Burn Permits - 1
Septic Permits – 1
Logging Permits - 0
C/O and violation search – 5
Permit Renewals - 2
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, Jocelyn Strumpfler, attended Wall Bracing and Mistakes in Framing continuing education class on May 27, 2008.
Monies collected by this office from May 1, 2008 to May 31, 2008 were $4,402.03.
Respectfully,
David W Sparling
ASSESSORS REPORT
No report.
UDC REPORT
Charlie Wieland reported that the NYRI situation has quieted down but the gas situation has heated up. The UDC wants to be an informational clearinghouse. They are trying to get information out to people. As far as Zoning, in Shohola, the River Management Plan only allows a 2 acre quarry.
NEW BUSINESS
A letter was received from the Delaware Valley Little Fellows Little League regarding a camp that would like to rent the ball field on the Flats for a week. They are also asking the Town to look into improving the field.
Also under new business, employees will need to fill out a NYS retirement workday schedule. This is necessary to report to the retirement system to determine the number of days worked. The suggestion is to average a high and a low month with hours worked. Supervisor Johnson will provide everyone with sample calendars and this will be discussed at the July meeting.
Pat Carullo, who is working with grassroots citizens’ groups, gave a brief presentation on gas drilling. He explained that the Energy Policy Act of 2005 exempts gas companies from the Right to Know, Clean Air, Clean Water, Safe Drinking Water and Water Quality Acts. The Haliburton drilling process has been given these exemptions. He explained that NY has more control of the process than PA because of Home Rule Laws. The Town of Highland is pursuing a 6 month moratorium to allow more time to gather information. Mr. Carullo said the drilling is a highly invasive process which extends beyond the boundaries of the leased property. Bill A10526 is an industry sponsored bill attempting to reduce the property line setbacks to 300’. He mentioned the potential destruction of the infrastructures in the towns where the drilling is occurring. The Delaware River Basin Commission is beginning to recognize that drilling is a priority issue; 17 million people downriver drink this water. Councilman Wingert asked if moratoriums are successful. Mr. Carullo replied that nothing except Home Rule can protect the people. The Town of Highland is voting tomorrow on having a Public Hearing on a moratorium. The Board needs to be working on a plan during the moratorium. Councilman Wingert stated she does not want to sit on this very long. Supervisor Johnson said the Board will recess to next week for this.
Also under new business, when the Office of Court Administration came to pick up the computers, they surveyed the court area. They noted that the court office downstairs is also being used for custodial purposes, which is not acceptable.
Supervisor Johnson received a call from a resident re: paper roads. He suggested that the board put together a list of the paper roads and then they will have to decide what to do with them. Water and Sewer Superintendent Scott Birney pointed out that there are water and sewer lines running through some of them.
Councilman Wingert asked to make a resolution to change her vote from the previous meeting re: Gurdjieff Foundation.
RESOLUTION #84-08
CHANGE VOTE OF COUNCILMAN WINGERT ON GURDJIEFF
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that Councilman Wingert change her vote from aye to nay on the proposed contract with the Gurdjiegff Foundation because she believed them to operating on false pretenses.
Councilman Wingert asked how often the cemeteries are mowed. Currently, it is twice/year. Ed Jackson suggested looking into getting prisoners to assist with the mowing.
Supervisor Johnson suggested that at the upcoming recessed meeting, the Board draft a resolution to send to the Senate and Assembly re: tax exempt properties and clarification of the law on vague exemptions such as “moral or mental improvement”.
Charlie Wieland asked about a microphone system again. When the fans are on it is difficult to hear.
OLD BUSINESS
The proposed DPW was discussed. Supervisor Johnson distributed two job descriptions; Commissioner of Public Works and Deputy Commissioner. Other Towns appoint as two year terms. The positions would need to be staggered, so the first year one position would have to be a one year appointment. The positions would be “working” Commissioners, not “administrative” Commissioners. Supervisor Johnson offered to read the descriptions if the public wanted. He asked the Board to review them and discuss them at the next meeting. He pointed out that there would be cost savings, one of which would be in the storms. There would be an $800 savings in one storm alone.
A date was set for the recessed meeting, June 24th at 7:30 pm.
Ed Jackson mentioned a show on the history channel about the ice row truckers and the undisclosed cargo they carry across the ice.
RESOLUTION #85-08
RECESS MEETING TO JUNE 24TH
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED: that the Board recess the meeting to June 24th, 2008 at 7:30 pm
There being no other Board or public comment, on a motion of Supervisor Johnson, seconded by Councilman Wingert, the meeting was recessed at 8:20pm to June 24th, 2008 at 7:30 pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk
A Recessed meeting of the Town of Tusten was held on June 24th, 2008 at 7:30 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. George Kinch, Highway Superintendent; Scott Birney, Water and Sewer Superintendent; Mr. Edwin Jackson, Planning Board Chairman; Mrs. Debra Wasylyk, Highway Clerk; Tony Ritter, Zoning Board Chairman; Jeffrey Clemente, Attorney for the Town; Mrs. Barbara Buckman, Deputy Supervisor and approximately 9 members of the public.
Supervisor Johnson called the meeting to order at 7:35 pm.
Peter’s Pharmacy was given a temporary certificate of occupancy for 90 days upon the recommendation of the Code Enforcement Officer.
Jeffrey Clemente discussed the procedures for abandonment of paper roads. There are several cases including the Zaccagnino and Krause properties. Supervisor Johnson asked about the presence of water and sewer line right of ways. An easement for the ROWs should not affect the bank and mortgaging process. Mr Clemente explained that the paper roads would revert back to the property owners, but not automatically to anyone in particular. Most deeds go to the center of the road, with the town having the right of public thoroughfare. He said the town has to decide if they want to keep a right that they never plan to use or develop as a thoroughfare if it is harming people by denying them access to mortgages. The presumption of abandonment may be made if they are not used for a certain number of years. Mr. Clemente also said that there is no adverse possession law that applies to municipalities.
The natural gas drilling which is being proposed in the region was discussed. Supervisor Johnson read a letter sent to the towns of Tusten and Highland asking the towns to consider moratoriums on the gas drilling to allow more time for the towns to evaluate, plan for and mitigate something which will have far-reaching impacts. The attached petition was signed by 65 Highland residents and 61 Tusten residents as well as 19 others. The letter referred to an attorney with experience in moratoriums. Attorney for the Town, Jeffrey Clemente, said that he will contact this attorney. He said that a moratorium may be difficult; he also has concerns with the rights of the property owners. To justify a moratorium, the town has to be working on feasible laws. Mr. Clemente said there is an issue of whether the municipalities, states or federal government regulate the drilling. Supervisor Johnson said that if they are exempt from federal regulations, then the towns need to impose some restrictions regarding their infrastructure to prevent, or be reimbursed for, damage. Supervisor Johnson allowed the meeting to be open to public comment through the entire discussion.
Marion Santimento commented about the contracts that many companies are signing which prevents people from suing if the company damages or destroys something. Councilman Dowling said that she feels that the Town should look at a moratorium even if Mr. Clemente feels that it might not hold up legally. She added that the moratorium could be established to allow the Town time to consider impacts on air, water and roads. Councilmen Wingert and Falk agreed. Councilman Dowling suggested that the moratorium be for six months so that the Board does not “drag its feet” on the issues. Supervisor Johnson said that the County has been looking at what the towns can and can’t do and infrastructure and re-assessments are two of the things that can be addressed. Currently energy companies are exempt from any Zoning Law changes. Regarding permits, the companies must follow NYSDEC mining regulations.
Mr. Clemente said that six months would be a reasonable fact-finding time for a moratorium and would probably not elicit a legal challenge. Supervisor Johnson pointed out that a very serious issued occurred in Texas where the large companies formed sub-companies and became public utilities which then were able to use eminent domain to access the pipeline through anyone’s property.
Councilman Wingert asked what recourse the Town would have if their wells became contaminated. NYS has regulations and violations penalties to cover damage to municipal water. It was pointed out the Pennsylvania has nothing to protect them; at least NYS has a permit process with property setbacks, spacing and bonding. Mr. Clemente said the board must consider what are the real threats vs. perceived threats. In NYS gas wells are drilled below the level of potable water. Mr. Clemente said that if the Board does go with a moratorium they need to state the reasons.
Norm Meyer pointed out that trucks loads of unidentified chemicals will be coming through the Town. Since the Halliburton Process considers the chemicals proprietary information, they are not obligated to disclose what they are. Kathy Michell asked if the trucks would be placarded for identification in the event of a spill. Councilman Wingert said that the hazardous materials entering the area will need to be addressed in the Town’s Emergency Management Plan. Supervisor Johnson said the Board needs to research which laws the companies are exempt from. Although they are exempt from federal regulations, they may not necessarily be exempt from state and local law. Bob Weigers asked who will control the permits. The DEC is the permit issuing agency.
Supervisor Johnson asked the Board if they want the Town’s attorney to draft a local law for a moratorium to enable the town to look into protecting its infrastructure and enhancing the emergency management plan. Other comments included Councilman Wingert pointing out a lot of problems associated with the mountain top removal and flooding in WV. The large holding ponds used in the drilling may cause similar problems. Sue Sullivan pointed out that if Halliburton is exempt from Federal Clean Air and Clean Water, there must be a reason; that they are already aware of hazardous issues. Bob Weigers asked if the Town was aware of the DEC rules and regulations regarding gas drilling. Supervisor Johnson had them with him and had read them.
Both Supervisor Johnson and Attorney Clemente said that the Town should state a specific reason for the moratorium. Mr. Clemente will talk to the attorney referenced in the letter/petition who has extensive experience in moratoriums.
RESOLUTION #86-08
AUTHORIZE ATTORNEY OF THE TOWN TO DRAFT A LOCAL LAW FOR A MORATORIUM ON NATURAL GAS DRILLING
On motion of Councilman Falk, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board authorize the Attorney for the Town, Jeffrey Clemente, to draft a local law for a natural gas drilling moratorium to enable the Town to put regulations in place to protect its infrastructure, to gather information to educate themselves on the good and the bad of the process and to protect the Town from as much of the bad as can be done legally. This draft is to be presented to the Board at the next regular meeting on July 14th, 2008.
Tony Ritter noted that he will place a link to the DEC mining regulations site on the Town’s website.
Sandy Zaccagnino asked what the first step is in the paper roads abandonment process. The title search must be done first.
There being no further discussion, on a motion of Supervisor Johnson, seconded by Councilman Dowling, the meeting was adjourned at 9:05pm.
Respectfully submitted, __________________________Kathleen Michell, Town Clerk