A Regular meeting of the Town of Tusten was held on September 10th, 2007 at 7:30 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilwoman Barbara Buckman
Councilman Lewis Meckle
Councilwoman Eileen Falk
Councilwoman Wingert (7:45pm)
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. Charles Weiland, UDC Representative, Mr. Edwin Jackson, Planning Board Chairman; Mr. Tony Ritter, Zoning Board Chairman; Mrs. Victoria Skabowski, Bookkeeper; Mrs. Debra Wasylyk, Highway Clerk; Comprehensive Plan members, Michael Eurey, Carol Coney and Lisa Dowling; Dr. Pammer and Heather Jacksy from Sullivan County Department of Planning; Fritz Mayer of the River Reporter, Sue Hallock of the Sullivan County Democrat and approximately 15 members of the general public.
Supervisor Johnson called the meeting to order at 7:30 p.m. with the pledge to the flag.
RESOLUTION # 101-07
APPROVAL OF MINUTES
On motion of Supervisor Johnson, seconded by Councilman Meckle the following resolution was
ADOPTED AYES 4 NAYS 0
RESOLVED that the minutes of the Regular Meeting held August 13th, 2007, the Recessed Meeting held August 22nd, 2007 be accepted as presented.
Supervisor Johnson read the expenditures report. Councilman Meckle had reviewed the bills and had no questions.
RESOLUTION #102-07
PAYMENT OF BILLS
On motion of Councilwoman Falk, seconded by Councilman Meckle the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts.
General Account $ 22,025.06
Highway Account $ 35,158.54
Water Account $ 7,267.88
Lighting Account $
Sewer Account $ 71,592.43
Total $136,043.91
Water & Sewer Financial Report
Water $ 4,884.56 Service $ 18.00 Penalties $ 22.38 Total $ 4,924.94
Sewer $ 11,848.91 Service $247.31 Penalties $ 45.12 Total $12,141.34
TOTAL COLLECTED: $ 17,066.28
CORRESPONDENCE
None
HIGHWAY REPORT
AUGUST 13, 2007 TO SEPTEMBER 7, 2007
SPENT MOST OF THE MONTH DITCHING, AND GRADING.
DID OUR YEARLY MOWING OF THE LAND FILL
REPAIRED THE ENTRANCE TO SCHOOL BALL FIELD.
CLEANED UP THE BRUSH LEFT FROM A TREE THAT FELL NEAR ED KRAUS’S HOUSE, ON THE TOWN RIGHT OF WAY .
WE HAVE HELPED FREMONT, HIGHLAND, AND BETHEL WITH SEALING.
WEATHER PERMITTING WE ARE SCHEDULED TO SEAL OUR ROADS STARTING NEXT WEEK.
ROADS:
SCHALCK ROAD: DITCHED
SWAMP POND ROAD: DITCHED. ADDED A 10’ PIECE OF PIPE AT INTERSECTION OF SCHALCK AND SWAMP POND ROAD, 9-6-07 SEEDED AND MULCHED THE STEEPER BANKS. REMOVED STUMPS FROM CUTTING THE BANK BACK.
BLIND POND: HAD A BIG LIMB COME DOWN ON 8-20-07 I, ( GEORGE) CLEANED IT UP
CLEANED UP A TREE DOWN BETWEEN RYER AND BLIND POND ROAD
IN TOWN ROADS RIGHT OF WAYS WERE MOWED
SCHOOL STREET: CLEANED OUT PIPES AND DITCHES BY JOHN HECTORS.
HUMPHREY: MOWED RIGHT OF WAYS
ACKERMAN: MOWED RIGHT OF WAYS
KIRK ROAD: MOWED RIGHT OF WAYS
BROOK DRIVE: WAS GRADED, USED 80 TON OF CRUSNER RUN
BEAR RUN: GRADED, ROLLED, USED 60 TON OF CRUSHER RUN
LUXTON LAKE: PATCHED THE OUTLET
EQUIPMENT:
GRADER: REPAIRED A FLAT TIRE.
TRUCK # 24: SERVICED ON 8-16-07
TRUCK #4: WASHED 8-28-07
BACKHOE: CHANGED THE TRANSMISSION OIL AND FILTERS,
GRADALL: WASHED 8-29-07
STREET SWEEPER: WORKING ON FINDING A SHORT IN THE WIRING.
LOADER: BRAKE PEDAL STUCK, GOT REAL HOT, HAVE TO WATCH IT, ALSO WAITING FOR RECALL WORK TO BE DONE BY H.O. PENN, ON 9-5-07 SEAN AND MIKE, DRAINED OIL OUT OF THE FRONT AND REAR AXLE, PUT IN NEW,
TRUCK # 17: WENT TO RTS TO GET A NEW SHUTTER STAT.
TRUCK #18: INSTALLED NEW MUFFLER. SERVICED ON 9-5-07
WATER AND SEWER REPORT
August 14, 2007- September 10, 2007
Installed repaired Metering Pump that failed from Lightning Strike , and received reimbursement from Insurance Company from Claim.
New Water Fountain Received and is Scheduled for Installation
Received Pricing from Membrane Roofer at Well#2 Whose Roof is Leaking- Needs to be Bid
Continued Checking Septic Tanks- Approximately 90% Complete
Started Pumping Septic Tanks
Completed Sand Replacement on Bed #3
Discussed Replacement of Sand on Bed #1 instead of Bed #2 with FEMA who will not Accept Substitution Unless Mentioned in the Original PW
Completed Smoke Testing of School Street May Perform Testing of Grove Street by end of the Week of September 10th
Propane Bid Recommendations
Having Problems with Influent Flow meter- May Need to Send in for Service.
Inspected New Septic Tank for FNBJ at Kirk’s Road
Attended Continuing Education Course in Harriman
Pump #1 at Sewer Plant was sent in for Repairs due to Moisture Sensor-
Estimated at $ 2,700
New F350 Arrived and is at Dump/Service Body Installer, Should be Ready for Pickup the Week of September 17th.
Superintendent Birney asked the Board for permission to remove sand from one bed to another prior to the delivery of the new sand to maximize the efficiency of the sand beds. He also made his recommendations regarding the three propane bids. Two were non-conforming; one referenced a pricing index, the other had an associated hazmat fee. With the discount, the one conforming bid from Town and Country is the lowest and he recommended that the Board accept that one.
ASSESSORS REPORT
There have not been many phone messages. The school tax bills went out. STAR rebates are being sent by the state. People are reminded to apply on line or by mail.
UDC REPORT
Charlie Wieland reported the UDC continues the on-going NYRI and river flow battles. Both the 5-Year Plan and the 5- Year Cooperative Agreement have been approved by the Council.
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
August 2007
FEMA Inspections – 0
Regular Inspections – 30
Certificate of Occupancy – 3
Certificate of Compliance – 5
Building Permits – 11
Camping – 2
Burn Permits - 1
Septic Permits – 0
C/O and violation search – 5
Stop Work – 1
Operating without CofO - 0
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 0
Violation Letters – 2
4 Violations Corrected
Public Assembly Fire and Property Maintenance Inspections – 1
Inspection Letters - 1
Monies collected by this office from August 1, 2007 to August 31, 2007 were $2,270.30.
Respectfully,
David W Sparling
NEW BUSINESS
RESOLUTION #103-07
AUTHORIZE THE WATER AND SEWER SUPERINTENDENT TO BID ROOF FOR WELL#2
On motion of Supervisor Johnson, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Water and Sewer Superintendent be authorized to bid for a price to replace the roof of Well#2. Bids are to be opened at the next Regular Board Meeting.
RESOLUTION #104-07 AUTHORIZE THE WATER AND SEWER SUPERINTENDENT TO HIRE THE PART-TIME EMPLOYEE FOR SAND REMOVAL ON BED #1
On motion of Supervisor Johnson, seconded by Councilwoman Buckman, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED: that the Town Board authorize the Water and Sewer Superintendent to hire the part-time employee at the same hourly rate to remove the sand from bed # 1 at the treatment plant.
RESOLUTION #105-07
AUTHORIZE THE BOOKKEEPER TO MAKE THE FOLLOWING BUDGETARY TRANSFERS IN THE GENERAL ACCOUNT
On motion of Supervisor Johnson, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Bookkeeper be authorized to increase item A1430.4 by $1200.00, increase item A7110.4 by $1000.00 and decrease item A1990.4 by $2200.00
Supervisor Johnson said that the NIMS Emergency Management Plan needs to be updated. He wants to appoint a committee for the purposes of updating the Emergency Plan and reporting back to the Board for approval. The committee appointees are:
Michael Reuber
Michael Kelly
Michael Hector
Art Hawker
Barbara Buckman
A date for the 2008 Budget Workshop will be set at the next Regular Meeting of the Board.
OLD BUSINESS
RESOLUTION # 106-07
RESCIND PEDDLER’S ORDINANCE OF 1934
On a motion of Councilwoman Wingert, seconded by Councilwoman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED: that the Board rescind the June 7, 1934 ordinance which prohibits peddling within the Town of Tusten without a license.
RESOLUTION # 107-07
ACCEPT PROPANE BID FROM TOWN AND COUNTRY ENERGY
On a motion of Supervisor Johnson, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED: that the bid of $1.80 per gallon from Town and Country Energy be accepted on the recommendation of the Water and Sewer Superintendent.
RESOLUTION # 108-07
REJECT ALL BIDS FOR BRIDGE REPLACEMENT AND RE-BID IN JANUARY
On a motion of Supervisor Johnson, seconded by Councilwoman Buckman, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Board reject all bids for the bridge replacement on the east branch of the Ten Mile River and re-bid in January so that the construction does not interfere with native trout spawning as stipulated in a letter from NYSDEC.
At 7:50pm the Board returned to Old Business and Supervisor Johnson introduced Dr. Pammer from the Sullivan County Department of Planning. He explained items that the Board will need to address under the new Comprehensive Plan either in the budget or in long-term planning and zoning. He said that open and flexible planning is essential. Supervisor Johnson asked about the 400 unit conceptual plan recently presented to the Planning Board. Dr. Pammer said that the goals matrix addresses land use, open space and infrastructure. If adopted, then Planning and Zoning would be changed in accordance with the goals of the Plan. With a Plan in place NYS DOT must confer with the Town regarding any projects that they propose. Dr. Pammer said the Plan will provide a critical decision making tool for the Planning and Zoning Boards. Councilwoman Wingert asked if any future zoning laws would have to conform with the Plan. The Comprehensive Plan will also help with budgeting because it plans for the maintenance of infrastructure.
PUBLIC COMMENT
Charles Hoffman brought up the issue that some things were supposed to be removed from the Plan following the Public Hearing. He commented that the changes were not on the website. A question was asked about the random surveys. 900 were sent out with a 34% return, which is considered very good. Surveys were made available at the Town Hall for anyone who did not receive one. Councilwoman Wingert said the survey was not representative of the community on the school issue, since some went to businesses and tenants and not all homeowners. Supervisor Johnson pointed out that the survey was followed by 18 months of meetings and focus groups, all of which were open to the public. Susan Sullivan complimented the Plan. She attended most meetings and observed an effort by the focus groups to follow the intent of what the community wants. She noted this is not a change in law, it is a guideline. The town board has the final say on all issues. The Zoning and Planning Boards are advisory in nature.
Tom Prendergast said the population is 1400, he could not understand why the survey was not given to everyone. Laurie Stuart said that people should not dwell on the process at this point, but rather express any objections or changes to the Plan. When Tom Prendergast asked when the Plan became public, Tony Ritter replied that as soon as the draft was written it went on the town website, about 3½ months ago. Charles Hoffman said that what is now on the website is not what the Board has in front of them tonight. One person asked how different the revised plan is. Separating out the school was the biggest change. Councilwoman Falk felt the school should be left out all together. Dr. Pammer replied that leaving it in does not obligate the Town in any way but still give the town an option should the school district suddenly pass it off. Nancy Dos Santos asked if the Board should put off adopting the Plan and amend it later. The use of the school building was discussed for a considerable amount of time although the building is not under the Town’s jurisdiction. Six people suggested changing the wording of the one line in the matrix. Supervisor Johnson made a motion to adopt the Plan with a change to that line.
RESOLUTION # 109-07
ADOPT COMPREHESIVE PLAN
On a motion of Supervisor Johnson, seconded by Councilwoman Buckman, the following resolution was
ADOPTED – AYES 3 NAYS 2
RESOLVED: that the Comprehensive Plan be adopted as presented to the Town Board with the wording in the matrix regarding the school building changed to read as follows: Create a task force to research the feasibility of converting the Narrowsburg school into a college extension, or other educational facility, hotel, catering hall, work force or senior housing, government building, etc.
Councilwoman Wingert felt that the Board members did not have enough time to discuss the Plan. Councilwoman Falk felt the school issue should not be addressed at all. Supervisor Johnson said he had received no phone calls or e-mails from any board members about questions regarding the Plan.
Supervisor Johnson will draft a letter to NYS DOT Region 9 to let them know the Town has a Plan in place now.
Rick Lander pointed out that if the school is sold it will go to the highest bidder and it will not be the Town’s decision. Charlie Weiland said we are spending too much time on the school. When a question came up about the County writing the Plan, Supervisor Johnson said that the Plan itself was formulated by the Committee.
Susan Sullivan thanked the Committee and Planning and Zoning Boards. Dr. Pammer thanked the Board and the Committee for all their hard work. Now the Board will have to start thinking about updating Planning and Zoning ordinances. Dr. Pammer said that the Board will need to consult with someone who understands NYS law, is proficient in that area and understands the objectives of the Plan. Carol Coney asked about the Conservation Council. Sue Sullivan asked if it could be an agenda item for the next meeting.
Councilwoman Wingert asked where the town is with the dog kennel. Superintendent Kinch said we are set to go but just have to put it up. There is a water problem at the Town barn that needs to be resolved. There is not enough room at the Sewer plant.
On motion of Supervisor Johnson, seconded by Councilman Meckle, the meeting was adjourned at 8:50pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk