A Regular meeting of the Town of Tusten was held on March 10th, 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. Charlie Wieland, UDC Representative; Mr. Tony Ritter, Zoning Board Chairman; Mrs. Barbara Buckman, Deputy Supervisor; County Legislator David Sager; Fritz Mayer of the River Reporter and approximately 9 members of the general public.
Supervisor Johnson called the meeting to order at 7:08 pm with the pledge to the flag.
RESOLUTION #39-08
ACCEPT MINUTES AS PRESENTED
On motion of Councilman Wingert, seconded by Councilman Falk the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the minutes of the regular January and February Town Board meetings be accepted as presented.
Supervisor Johnson read the expenditures report. Councilmen Falk and Wingert questioned whether a bill for the Deputy Town Clerk/Tax Collector could be paid legally.
RESOLUTION #40-08
PAYMENT OF BILLS
On motion of Councilman Dowling, seconded by Supervisor Johnson the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts with the exception of the Deputy Clerk bill for $40.00
General Account $ 28,405.71
Highway Account $ 113,224.71
Water Account $ 6,802.02
Sewer Account $ 9,658.73
Lighting Account $ 2,253.64
Total $ 160,344.81
Water & Sewer Financial Report
Water $3,651.21 Service $ 17.00 Penalties $ 21.55 Total $ 3,689.76
Sewer $10,869.66 Service $ 522.84 Penalties $ 64.36 Total $11,456.62
TOTAL COLLECTED: $ 15,146.62
Note: $15 bad check fee charge applied to water account by bank.
CORRESPONDENCE
At 7:15 pm Supervisor Johnson opened the Public Hearing on the Special Districts. Chris Holden asked what the districts are. They are the contracts for Narrowsburg Fire Department, Lava Fire Department, and Narrowsburg Fire Protection District. The Board also signs contracts with Tusten Ambulance and the Youth Commission. They are receiving a 5% increase over last year’s amount.
RESOLUTION #41-08
CLOSE PUBLIC HEARING ON SPECIAL DISTRICTS
On motion of Councilman Wingert, seconded by Councilman Dowling, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Public Hearing on the Special Districts be closed at 7:20 pm.
At 7:20 pm Supervisor Johnson opened the Public Hearing on the Uniform Premises Identification Law by reading the proposed law. Charlie Wieland asked how far from the road should the signs be. Dave Sparling said they should be visible from the road, and there is no set distance. Dave said that the local law cannot be enforced on old construction, but that it is in the people’s best interest.
RESOLUTION #42-08
CLOSE PUBLIC HEARING ON UNIFORM PREMISES IDENTIFICATION LAW
On motion of Supervisor Johnson, seconded by Councilman Dowling, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Public Hearing on the Uniform Premise Identification Law be closed at 7:25 pm.
HIGHWAY REPORT
MONTHLY REPORT 2-11-08 TO MARCH 3-9-08
WE HAD 9 STORMS USING 277.5 HOURS OF OVER TIME FOR THE 5 MEN.
GOING THREW THE WINTER BUDGET RAPIDLY,
FUEL PRICES ARE HURTING THE BUDGT
BECAUSE WE HAVE HAD TO SALT AND SAND SOME OF THE COUNTY ROADS THEY HAVE GIVEN US ONE LOAD OF SALT.
WE HAVE DONE OUR PIPE REPLACEMENT INVENTORY
WE WILL BE STARTING OUR PAVING AND SEALING IN MAY, STONE, AND SAND HAVE BEEN HAULED IN
OPENED FLOOD GATE ON 3-4-08 WE HAVE LEFT OPEN AS OF NOW.
ON MARCH 5, 2008 I ATTENDED ADVOCACY DAY IN ALBANY WITH THE SULLIVAN COUNTY HIGHWAY SUPERINTENDENTS, MET WITH MR. BONACIC’S AID AND MRS. GUNTHER
EQUIPMENT:
TRUCK # 25: REPLACED WORN OUT PIN ON PLOW. WASHED 2-15-08, WASHED 2-18-08, REPLACED CONVEYOR CHAIN WITH A NEW ONE, WASHED 3-3-08
TRUCK #1: REPLACED TWO SPRINGS ON PLOW , WASHED 2-15-08, WASHED 2-28-08, WASHED 3-3-08, 3-4-08 TOOK OUT SANDER, AND WASHED OUT BODY AND WASHED TRUCK ,
TRUCK # 26: REPAIRED PROBLEMS WITH THE PLOW, WASHED 2-15-08, WASHED 2-28-08, SERVICED ON 2-28-08, SERVICED SANDER MOTOR ALSO, WASHED 3-3-08
TRUCK # 18: STUDS BROKE OFF LEFT FRONT DRIVE AXLE, SEAN REPAIRED, WASHED 2-15-08, WASHED 2-18-08, WASHED 3-3-08
TRUCK #4: REPAIRED A POWER STEERING PROBLEM, WASHED 2-15-08, WASHED 2-18-08, CRACKED FRONT HUB ON PASSENGER SIDE, WASHED 3-3-08
TRUCK #17: IS OFF THE ROAD. CAUGHT FIRE FOR THE 3RD TIME, WE ARE IN THE PROCESS OF TRYING TO REPAIR. SEAN AND ROCCO INSTALLED NEW REMANUFACTURED INJECTORS ON, WASHED 3-3-08
LOADER: HAD SOME RECALL WORK DONE, SERVICED ON 2-29-08, IT HAS 1071 HOURS ON IT.
ROADS:
BLIND POND: 2-19-08 CUTTING TREE LIMBS AND BRUSH, 3-5-08 USED 5 TON OF CRUSHER RUN DUE TO HEAVY RAIN
RYER ROAD: 2-19-08 , 2-21-08 CUTTING TREE LIMBS AND BRUSH
SWAMP POND: HAD MINOR FLOODING DUE TO HEAVY RAIN ON 3-5-08 USED 2 TON OF SAND TO FILL IN WHERE PIPES SETTLED DUE TO HEAVY RAINS
GRASSY RIVER SIDE: MINOR FLOODING DUE TO HEAVY RAIN ON 3-5-08, USED 12 TON OF CRUSHER RUN
FRANCIS DRIVE: 4 TON OF SMALL STONES TO REPAIR ENTRANCE OFF OF 97
COCHECTON TURNPIKE: USED 2 TON OF CRUSHER RUN TO REPAIR MINOR WASHOUTS DUE TO HEAVY RAIN ON 3-5-08
HOFFMAN: USED 2 TON OF CRUSHER RUN TO REPAIR MINOR WASHOUTS DUE TO HEAVY RAIN ON 3-5-08
TROUT POND: USED 4 TON OF CRUSHER RUN TO REPAIR MINOR WASHOUTS DUE TO HEAVY RAIN ON 3-5-08
Councilman Wingert complimented the crews on doing a good job.
WATER AND SEWER REPORT
February 12- March 10, 2008
Ranger truck cap is due mid-April.
Replacement pump station lids have been installed.
New SCBA has been ordered for $ 1601.00 and is due in the end of March.
Replacement parts for grinder and effluent pumps were ordered and are due the end of this week.
Reviewed submittals for Kirk’s Road pump station from second distributor. Approved and is expected to be received by mid-April.
Reviewed pricing and ordered and received replacement flow meter for Kirk’s Road pump station.
Rebuilt double diaphragm pump.
Received pricing from vendors for calibration on various water and sewer meters at plant and wells.
Performed maintenance on plant and portable generators.
Pump station on Bridge Street failed, in process of procuring parts and rebuilding.
Performed maintenance on stored management including drawings and operational and billing records stored in basement.
Met with NYSEG regarding installation of new Kirk’s Road pump station panel.
Met with Rural Water Association regarding system GIS mapping.
Made repair to leaking service to Chinese Restaurant.
The Superintendent also mentioned that the County has a really good deal on GIS mapping.
ASSESSORS REPORT
No Report
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
February 2008
FEMA Inspections – 0
Regular Inspections – 9
Certificate of Occupancy – 2
Certificate of Compliance – 3
Building Permits – 3
Camping – 0
Burn Permits - 1
Septic Permits – 0
Logging Permits - 0
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
Code Enforcement Officer and Clerk/Inspector attended a class “Using Locally Produced Framing Lumber” on February 20, 2008. The CEO also mentioned that he is working with a couple property owners on Renaissance Grants.
Monies collected by this office from February 1, 2008 to February 29, 2008 were $703.25.
Respectfully,
David W Sparling
UDC REPORT
Charlie Wieland reported that NYRI has put in an application. Also, the awards banquet is coming up and he is one of the judges. He suggested that the Town put in an application for someone in the town.
OLD BUSINESS
The sand bids were opened by the Town Clerk and given to the Highway Superintendent for review. The bids were as follows:
R & H Gorr $15.91 per yard delivered
Sipple & Redard $17.84 pr yard delivered
The NPS trash bids were opened by the Town Clerk. The two bids received were as follows: JP Lang $2000.00
K & D Freda $2200.00
RESOLUTION #43-08
ACCEPT LOW BID OF $2000.00 FOR NPS TRASH PICKUP
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the Board accept the low bid of $2000.00 from JP Lang for the NPS trash pickup bid.
Also under old business, Supervisor Johnson said that the board has to appoint a Chair. Kevin McClurkan sent a letter expressing an interest in chairing the board. Supervisor Johnson recommended that the board appoint Kevin McClurkan.
RESOLUTION #44-08
APPOINT KEVIN MC CLURKAN CHAIRMAN OF THE CONSERVATION COUNCIL
On motion of Supervisor Johnson, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the board appoint Kevin McClurkan as chairman of the Tusten Conservation Council.
RESOLUTION #45-08
APPOINT REPRESENTATIVES OF THE CONSERVATION COUNCIL TO ZONING COMMITTEE
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the board appoint Kevin McClurkan and Susan Sullivan as representatives of the Tusten Conservation Council to the Zoning Revision Committee.
The first meeting of the Zoning Revision Committee will be held on April 1st at 7:30 pm. Dr. Pammer will be in attendance.
The Emergency Plan Committee will meet at the Narrowsburg Fire House at 7:00 pm on April 8th, 2008.
Supervisor Johnson will be attending a meeting on Wednesday, April 2nd with the Department of State regarding case law for Zoning issues.
After reviewing the sand bids and specs, the Highway Superintendent recommended the low bid of $15.91 from R & H Gorr and accept the other bid as back up. The samples can be sent to the lab and tested for the right consistency.
RESOLUTION #46-08
UPON RECOMMENDATION OF THE HIGHWAY SUPERINTENDENT, AUTHORIZE THE SUPERINTENDENT TO ACCEPT BOTH BIDS FOR SAND
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 accept both bids for sand with samples from the low bidder being sent out by the Highway Superintendent for testing.
NEW BUSINESS
Supervisor Johnson said that the Board is waiting for the Water and Sewer Personnel Policy to be returned from the labor consultant. The items will have to be tabled until the next meeting.
The Narrowsburg Beautification Group wants to spruce up the railroad bridge, however it belongs to the County.
The town clerk presented some suggested changes to the community hall rental fee and separate deposits for garbage and cleanup in the event that the party fails to take care of either or both. The topic was discussed at length by the Board. Councilman Falk does not feel that the fees should be raised. Councilman Wingert suggested one $100 deposit and one $25 deposit. She would like to see it available to the whole community. Supervisor Johnson said there is a lot of wear and tear on the hall and a lot of abuse from people using it. He has been getting the room painted regularly and done a lot of improvements to the kitchen. He would like to see the town recover some of the cost of maintaining the hall. At 8:10 pm the topic was tabled until the next meeting.
Two Board members attended the Association of Towns Annual Conference and also had a meeting on the Shared Municipal Services Incentives. Supervisor Johnson turned the floor over to them. Councilman Wingert gave a brief run down on some of the sessions they attended. Regarding Shared Municipal Services, they found out more about towns consolidating municipal jurisdictions. Supervisor Johnson asked about whether they discussed intramunicipal shared services. Councilwoman Wingert said that water used to be under the Highway Department and maybe they could go back to the DPW approach. Supervisor Johnson asked if the Association of Towns had any case studies. Councilman Wingert replied that there has not been a lot of intramunicipal study. Some municipalities have combined with the schools. The Town has an aging infrastructure with water and sewer. Councilman Wingert said she thought it was a good idea to start some dialogue with the Board, Highway and Water and Sewer. Supervisor Johnson said that the board should start looking at some possible time tables and whether or not there is potential for savings. Norm Meyer stated that he would like to see the Highway Superintendent remain an elected position and the board should look at that.
Supervisor Johnson asked that the board recess until 7:30 pm on March 18th, 2008 to continue the discussion on shared municipal services, the town hall rental fees and the Water and Sewer Personnel Policy which is expected to be returned from the consultant by then.
Councilman Wingert asked what the status is on the Krantz property. The Town attorney had been out for health reasons but is now back at work and will update the Board soon.
PUBLIC COMMENT:
County Legislator David Sager said that he knows he is not the number one choice for this town but he wants the community to know he is available and gave out his phone numbers and e-mail. He also said that he wants to hold Town Hall meetings in the different towns in his district on a rotating basis. The first town Hall Meeting in Tusten will be in May. Mike Calvet started to ask a question about a “fiasco” with the Flexible Benefits Plan, but the situation has been corrected. Chris Holden thanked the Highway Department for the good work they have done this winter. He also reminded the Board that they forgot to act on the Uniform Premises Identification Law.
Returning to Old Business:
RESOLUTION #47-08
ADOPT LOCAL LAW 01-2008, THE UNIFORM PREMISES ID LAW
On motion of Councilman Wingert, seconded by Councilman Dowling, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that Local Law 01-2008, The Uniform Premises Identification Law be adopted as follows:
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 four 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
There being no other public comment, at 8:30 pm on a motion of Supervisor Johnson, seconded by Councilman Wingert, the meeting was recessed to 7:30 pm on March 18th, 2008.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk