A Regular meeting of the Town of Tusten was held on October 8th, 2007 at 7:30 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Lewis Meckle
Councilwoman Eileen Falk
Councilwoman Wingert
ABSENT Councilwoman Barbara Buckman
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 Baim, Assessor; Mr. Edwin Jackson, Planning Board Chairman; Mr. Tony Ritter, Zoning Board Chairman; Mrs. Victoria Skabowski, Bookkeeper; Mrs. Debra Wasylyk, Highway Clerk; Fritz Mayer of the River Reporter, Sue Hallock of the Sullivan County Democrat , Sarah Koenig from the Times Herald Record and approximately 8 members of the general public.
Supervisor Johnson called the meeting to order at 7:30 p.m. with the pledge to the flag.
RESOLUTION # 110-07
APPROVAL OF MINUTES
On motion of Councilwoman Wingert, seconded by Councilman Meckle the following resolution was
ADOPTED AYES 4 NAYS 0
RESOLVED that the minutes of the Regular Meeting held September 10th, 2007 be accepted as presented.
Supervisor Johnson read the expenditures report. Councilwoman Wingert had reviewed the bills. Supervisor Johnson asked if there were any questions.
RESOLUTION #111-07
PAYMENT OF BILLS
On motion of Councilwoman Wingert, seconded by Councilwoman Falk the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts.
General Account $ 26,527.68
Highway Account $ 74,658.63
Water Account $ 21,873.21
Lighting Account $ 1036.00
Sewer Account $ 62,768.16
Total $136,043.91
Water & Sewer Financial Report
Water $ 377.49 Service $ 0 Penalties $ 17.10 Total $ 394.59
Sewer $ 985.76 Service $ 0 Penalties $119.04 Total $ 1,104.80
TOTAL COLLECTED: $ 1,499.39
CORRESPONDENCE
HIGHWAY REPORT
SEPTEMBER 10, 2007 TO OCTOBER 5, 2007
WE HAVE FINISHED OUR PAVING AND SEALING FOR THIS YEAR
WE SEALED, PERRY POND, FOREST POND, MAPLE, EVERGREEN, OLD COCHECTON,
WE HAVE BEEN PATCHING.
WE SENT SOME MEN TO HELP LUMBERLAND SEAL
SENT ONE MAN TO DELAWARE TO HELP THEM PAVE
LUMBERLAND CAME TO HELP US SEAL.
COCHECTON SENT THEIR PAVER AND 3 MEN TO HELP US DO CAMP UTOPIA ROAD. THIS WAS DONE TO THANK US FOR THE SALT STORAGE WE DID FOR THEM LAST WINTER.
EQUIPMENT:
STREET SWEEPER: FOUND A SHORT IN THE WIRING, THIS HAS BEEN REPAIRED.
CASE TRACTOR: REPAIRED (2) HYDRAULIC LINES,
TRUCK #24: WAS GREASED ON 9-19-07
TRUCK # 17: HAD TO GO TO RTS FOR BRAKES.
GRADALL: 10-3-07 WAS WASHED
ROADS:
MAPLE: HAS BEEN PATCHED, USED 16 TON OF BLACK TOP
ARENA: PATCHED WITH 8 TON OF BLACK TOP
LAKE RIDGE: USED 25 TON OF MILLINGS TO REPAIR WASHOUTS ON SHOULDERS
WOOD OAK: PATCHED WITH BLACK TOP,
RYER: USED 35 TON OF BLACK TOP TO PATCH
TROUT POND A: PATCHED USED 15 TON OF BLACK TOP
BLIND POND: PATCHED,
DEXHEIMER: WAS PATCHED,
MAHL’S POND: PATCHED WITH HOT PATCH WHERE NEEDED, AND CRUSHER RUN ON DIRT SECTION OF ROAD
WEBER: PATCHED
IRISH HILL: PATCHED
HINKLEY: PATCHED
CACKLETOWN: PATCHED
LUCKY LAKE: PATCHED
MATHIS WEIDEN: PATCHED
SWAMP POND: HOT PATCHED WHERE NEEDED, THEN PATCHED WITH CRUSHER RUN WHERE NEEDED
UTOPIA: PATCHED WITH CRUSHER RUN, THEN T & L WITH 109 TON OF BLACK TOP , USED 235 TON OF BLACK TOP TO PAVE
BROOK ROAD: PATCHED WITH CRUSHER RUN WHERE NEEDED
A- ROAD: PATCHED WITH CRUSHER RUN
HANKINS : PATCHED WITH CRUSHER RUN
DAUB ROAD: PATCHED WITH CRUSHER RUN
PERRY POND: PATCHED WITH CRUSHER RUN IN BACK WHERE NEEDED
Councilwoman Wingert asked about the dog kennel. Nothing has been done yet because of a water problem. Scott Birney suggested a heated water storage tank. The shelter will be a pre-fabricated building with a concrete floor.
WATER AND SEWER REPORT
September 11, 2007 – October 8, 2007
Received Pricing from Membrane Roofers for Well#2
Septic Tank Pumping Completed
Kubota L35 Tractor needed new clutch
Non-FEMA Sand Removal/ Replacement Started on Bed #1
FEMA Sand Replacement /Removal for Bed #2 has started, expecting delivery of new sand in approximately one week.
Attended Continuing Education Course in Harriman
New F350 has had body installed and is in use.
Started Flushing and Flow Testing Fire Hydrants
NYSDOL has informed District that Prevailing Wages are Required to be Paid on Pumping Bid. Addendum was sent to contractors and Bid Date Extended.
Sewer Plant Pump was brought to Repair Shop- Failed Seal. Pump was Picked up and Reinstalled.
ASSESSORS REPORT
The Assessor will be at a continuing education course on Friday. Supervisor Johnson asked about the STAR rebates.
UDC REPORT
No Report
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
September 2007
FEMA Inspections – 0
Regular Inspections – 24
Certificate of Occupancy – 2
Certificate of Compliance – 1
Building Permits – 5
Camping – 1
Burn Permits - 0
Septic Permits – 0
C/O and violation search – 1
Stop Work – 0
Operating without CofO - 0
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 0
Code Enforcer attended NYSBOC class on Daycare on 9/26/07
Monies collected by this office from September 1, 2007 to September 30, 2007 were $929.40.
Respectfully,
David W Sparling
OLD BUSINESS
Water and Sewer Superintendent Scott Birney advertised an addendum for prevailing wage for the septic pumping bid. The bids are to be opened October 25th, 2007. He received roof quotes for well house #2 from $4000 to $8500. The roof is leaking quite a bit, he reported. Councilwoman Wingert suggested giving the Superintendent some latitude to do what he needs to in order to get it fixed.
RESOLUTION #112-07
AUTHORIZE THE WATER AND SEWER SUPERINTENDENT THE LATITUDE TO FIX ROOF ON WELL #2
On motion of Supervisor Johnson, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Water and Sewer Superintendent be authorized the latitude to fix the well #2 roof at a cost most beneficial to the District.
NEW BUSINESS
Supervisor Johnson presented Steve Adler who wished to make a presentation to the Board regarding a proposed subdivision. He said that he has owned the old Hillside property of 380 acres for 20 years and has now taken a partner Stuart Venner and would like to do something with it. He considers the value of the property to be in the lake shore and the mountain top. He is concerned with property values and the loss of scenic beauty in the Town so he is proposing an alternative. He pointed out that the Board is not required to do anything, if it is not accepted he will go to traditional zoning. He is proposing 2.25 miles of roads, with 2 story townhouses in units of 4 with an average selling price of $350,000. 80% of the land would remain undeveloped. He said they would be mostly weekend residents and would add little to the Town’s operating cost. He said they would be outsiders enjoying the Town and paying lots of taxes. He also said the units would not be visible from the road, which would be built to standard. He said he has had discussions with the water and sewer Superintendent. He doesn’t think there is any other piece of property in Tusten that lends itself to this type of proposal.
Supervisor Johnson said that the Board and the Planning Board have some questions. Engineer Gotlieb also sent a letter to the Planning Board naming items which must be addressed for such as proposal. Supervisor Johnson also asked about the dam which the DEC wanted lowered. Mr. Adler said he plans to repair the dam, however no traffic will be allowed across the dam as before. When asked, he replied that the homeowners would be responsible for the open space.
OLD BUSINESS
Zoning Board chairman Tony Ritter explained that 4 or 5 months ago the Zoning Board received an appeal re: non-conforming lot. The way the current law is worded; non-conforming lots have to come before the Planning Board. But technically they should be coming to the Zoning Board of Appeals. To make this change it is necessary to have a Public Hearing.
RESOLUTION #113-07
SET PUBLIC HEARING FOR THE CHANGE IN SECTION 4.15.5 OF THE ZONING LAW
On motion of Supervisor Johnson, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that a Public Hearing will be held on November 12, 2007 at 7:00pm for the purpose of hearing public comment on the proposed change to paragraph one of section 4.15.5 on the Tusten Zoning Law to read as follows:
“All proposals for use of non-conforming lots (those not meeting area, frontage, width or yard requirements) shall be subject to Special Use approval by the Zoning Board of Appeals {changed from Planning Board}. Upon the Board’s approval the Code Enforcement Officer shall issue a building permit provided:”
The Comprehensive Plan calls for updating of the Road Law and appointing an Environmental Council.
RESOLUTION # 114-07
AUTHORIZE HIGHWAY SUPERINTENDENT TO CONSULT WITH ENGINEER TO UPDATE ROAD LAWS
On a motion of Supervisor Johnson, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Highway Superintendent be authorized to consult with an engineer to determine which road laws in Tusten need to be updated for the purpose of updating the road law and report to the Board with recommendations. This consultation will be funded with engineering money from the General Account.
RESOLUTION # 115-07
AUTHORIZE THE TOWN CLERK TO ADVERTISE THE POSITION OF ENVIRONMENTAL COUNCIL
On a motion of Supervisor Johnson, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Town Clerk be authorized to advertise the position of Environmental Council. Applicants are to send letters of interest and resumes to the Clerk prior to the next regular Board meeting and will then meet with the Planning and Zoning Boards.
The Beautification Committee requested the use of a town truck for the fall Litterpluck.
RESOLUTION #116-07
AUTHORIZE HIGHWAY DEPARTMENT TO PUT A TRUCK AT LITTERPLUCK
On motion of Councilwoman Wingert, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board authorize the Highway Department to bring a truck for the Fall Litterpluck.
The Building Department has proposed a change in the fee schedule. The Board will look at the proposed changes and then may act on it. Supervisor Johnson mentioned that one of the few recourses the Town has when a building is left unfinished is to charge them more fees. He also wants the Board to think about changes for commercial buildings.
RESOLUTION #117-07
AUTHORIZE THE CLOSURE OF MAIN STREET FOR HALLOWEEN PARADE
On motion of Supervisor Johnson, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Town Board grant permission to the Chamber of Commerce to close Main Street from 5-7 pm on October 31st, 2007 for a Halloween Parade.
RESOLUTION #118-07
AUTHORIZE THE CLERK TO ADVERTISE HALLOWEEN CURFEW
On motion of Supervisor Johnson, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that a Halloween Curfew be in effect from 9:00pm on October 30th, 2007 through 6:00am on November 1st, 2007.
The dates of October 22, 29 and November 5, 2007 were set as Budget Workshop dates. The Board will determine if all dates are needed. The workshops will start at 6pm each evening.
NEW BUSINESS
RESOLUTION #119-07
ACCEPT LETTER OF RESIGNATION FROM BOOKKEEPER
On motion of Supervisor Johnson, seconded by Councilwoman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the letter of resignation from bookkeeper, Victoria Skabowski, be accepted with thanks and best wishes.
Supervisor Johnson stated that he would like some latitude with the position of bookkeeper since it will be someone he has to work with closely. It should also be someone that is good with the public. The Town Clerk will advertise the vacancy. Supervisor Johnson asked that Board members bring their ideas regarding the job description to the October 22nd, 2007 meeting.
PUBLIC COMMENT:
Fred DeBoer had a concern for the Highway Department. Part of Irishtown Road is washed out. The maps show it going to Rt 97. Where Smith Rd and Irishtown Rd come together there is nothing to keep cars from going in. He felt the Town should put up a No Maintenance sign. Highway Superintendent Kinch will put up a sign. Chuck Hoffman asked if they could have a copy of the budget worksheet. Supervisor Johnson will check on this. Sarah Koenig asked if there was a timeline set for the Public Hearing. The date has not been set yet. Susan Sullivan thanked Carol Wingert for writing the letter to the editor about the school and asking people to respond to her.
There being no other public comment, on a motion of Supervisor Johnson, seconded by Councilwoman Falk, the meeting was adjourned at 8:55pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk
The budget workshop meeting of the Town of Tusten was held on October 22nd, 2007 at 6:00pm at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Lewis Meckle
Councilwoman Barbara Buckman
Councilwoman Carol Wingert (6:30pm)
ABSENT Councilwoman Eileen Falk
OTHERS PRESENT: Kathy Michell, Town Clerk; George Kinch, Highway Superintendent; Debbie Wasylyk, Highway Clerk and Victoria Skabowski, Bookkeeper
RESOLUTION #120-07
AUTHORIZE COURT CLERK TO OPEN ACCOUNT
On motion of Supervisor Johnson, seconded by Councilwoman Buckman, the following resolution was
ADOPTED – AYES 3 NAYS 0
RESOLVED that the Town Board authorize the court clerk to open an account in the other official depository for the Town of Tusten if necessary.
Before working on the preliminary budget Supervisor Johnson discussed the Bookkeeper position. He is looking at a 35 hour week with set hours and additional responsibilities. Under town law the supervisor can appoint this position since the person also functions as the confidential secretary to the Supervisor. The Town Clerk was authorized to place an ad in the River Reporter asking interested persons to contact the Supervisor for details.
The meeting was recessed at 9:00pm to October 29th, 2007 at 6:00pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk
The recessed budget workshop meeting of the Town of Tusten was held on October 29th, 2007 at 6:15pm at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Lewis Meckle
Councilwoman Barbara Buckman
Councilwoman Carol Wingert
Councilwoman Eileen Falk
OTHERS PRESENT: Kathy Michell, Town Clerk; Victoria Skabowski, Bookkeeper; Scott Birney, Water and Sewer Superintendent and Lisa Dowling
The date for the Public Hearing on the 2008 Preliminary Budget was set for Wednesday, November 7th, 2007 at 7:00pm. The Town Clerk will post the Legal Notice.
The bids were opened for the pumping of septage in the Narrowsburg Sewer District by the Clerk. After reviewing the bids, Water and Sewer Superintendent Scott Birney recommended the low bid from Koberlein. The three bids received were:
Koberlein 18.5 cents/gallon
Enviroventures 35 cents/gallon
Residuals Management 24 cents/gallon
RESOLUTION #121-07
ACCEPT BID FROM KOBERLEIN FOR SEPTAGE PUMPING
On motion of Councilwoman Wingert, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board accept the low bid of 18.5 cents/gallon from Koberlein upon the recommendation of the Water and Sewer Superintendent.
The Board then discussed the remainder of the budget until the board members had no questions. Supervisor Johnson said he has requested budgets from the special districts.
At 7:15pm the Board began a lengthy discussion of the Bookkeeper/Confidential Secretary position. Councilwoman Wingert suggested hourly, not salary. Councilwoman Falk would like salary but not set hours. Supervisor Johnson feels set hours with some flexibility would best suit his needs and suggested a 35 hour week set as required by the Supervisor.
Regarding GASB 34, less than half of the towns have implemented it currently. It is not required and the cost still outweighs the benefits of doing it. In the Town’s audit, GASB is not listed as a material weakness.
Under the Parks and Recreation part of the budget, Supervisor Johnson mentioned that the Boy Scouts have offered the use of their pool again to the Youth Commission for swimming classes, as long as they provide a life guard.
On a motion of Supervisor Johnson, seconded by Councilwoman Buckman the meeting was adjourned at 8:25pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk