Town Of Hartwick
 Minutes 

December 08, 2008: Regular Meeting

Body:
 

HARTWICK TOWN BOARD MEETING

December 8, 2008

The meeting was called to order at 6:30.  Those present were Supervisor Pat Ryan, Councilmen Ken Hotaling, Eileen Barown, David Butler, and Fred Delos Field.  Also present were Attorney Lynn E. Green, County Rep Steve Fournier, and several members of the community.

 

The Board reviewed and signed vouchers to pay the monthly bills.  The Pledge to the Flag was conducted.

 

MOTION:  Ken Hotaling moved to accept the minutes of the November meeting.  Delos Field seconded.  Discussion included separating the Public Hearing from the regular text, and changing "tax rate" to "assessed value."  The Board voted to approve the minutes as corrected, with all votes "Aye."

Finance:

MOTION:  Eileen Barown moved to approve Abstract 12 in the amount of $75,869.43 to pay the December bills as follows:

                    General Fund         $7940.99    

                    Highway              $32,033.73   

                    Library                      $638.13

                    Lighting                    $505.00

                    Water                  $16,525.13

                    Fire                     $18,222.45

Dave Butler seconded, and the motion passed with all votes "Aye."

 

MOTION:  Ken Hotaling moved to approve Abstract 11P in the amount of $42,382.41 to pay the end of November bills as follows:

                    General Fund         $17,196.08

                    Highway                 $22,065.86

                    Library                     $2,138.22

                    Water                           $45.60   

                    Fire                             $936.65

Delos Field seconded, and the motion passed with all votes "Aye."

 

Financial Reports were reviewed and discussed.  The bookkeeping program is being corrected, as some of the line item codes are not correct.  Pat would like to meet with Dave Butler and Doris Schlee on Wednesday Dec. 17th at 3:45 to discuss budget issues.

MOTION:  Eileen Barown moved to accept the Financial Reports subject to revision and correction.  Ken Hotaling seconded.   The motion was withdrawn because corrections are necessary.

 

MOTION:  Eileen Barown moved to accept the Town Clerk's Report for November:

          Paid to General Fund                           $217.79

          Paid to State and County Agencies      $466.66

          Total Income                                       $684.00

Delos Field seconded, and the motion passed with all votes "Aye."

 

MOTION:  Ken Hotaling moved to accept the Town Justice Report:

          Justice Higgins       $1,370.00

          Justice Folts           $1125.00

Dave Butler seconded, and the motion passed with all votes "Aye."

 

Public Comment:

Anita Briggs said that the Town does not need a Trash Burning Law.

Debbie Clegg said it is unfair to have such a law in the Water District only.  Burning old wood and branches isn't dangerous.

Ann Clinton said that she has burned lawn refuse and papers, not plastic, and we still have clean air.  We don't need laws and regulations.  The problems are caused by people from out of the area.

Anita Briggs said that the law should only concern plastics.

Martha Clarvoe was asked to speak about dioxins.  They are created when vinyl is burned at a low temperature.  Dioxins settle on grass, are eaten by animals, and then proceed through the food chain.

Debbie Clegg said that dogs spread garbage that people put into their garbage pits.

Martha Clarvoe questioned the thermostats in the Town buildings.

Debbie Clegg brought up the drainage ditch on her family's property.  It is in worse condition now, and what will be done about it?

Pat Ryan said the Town is still working on it.  The area at the 205 end of the ditch is clogged with trash and needs to be addressed.

Steve Fournier commented on the County Budget:  the tentative budget will become the 2009 budget by default.  The levy will include a 3.37% increase for Hartwick, mainly because of Workers' Comp claims.

 

From the Supervisor:

  • ARC Group Home     A letter from Planning Board Intake clerk Zondra Hart states that the ARC proposed group house on Burdick Road will not constitute a change in use.  ARC has not received funding for the project, so it may not happen. 

Discussion: The Site Plan Review Law doesn't address group homes, but       should be studied.  The assessment code will change, so it does constitute a change of use.  Lynn E. Green and Greg Horth will review the Site Plan Review Law, and discuss the situation. 

Pat read the three ways the Town could deny approval of such a project according to Mental Health Law.

  • DOT Performance Bond update--DOT cannot find the Bond.
  • Library porch roof repair--Steve Bachorik needs a 60° day to install the needed material.      
  • Assessor Consultant--There will be a meeting on December 10th with Consultant David Briggs, Supervisor Ryan, Assessor Matt Lippitt, and Councilman Fred Field to discuss the reval.
  • Water leak in line to Murdock property--It is Attorney Green's opinion that since the Murdocks are outside the water district, and installed their own line, they must maintain their line, or petition to expand the water district.
  • Highway Inventory--Ed Rood has provided an inventory of highway equipment.  Supervisor Ryan stated that help is needed to get records and inventories in order.
  • Internal Controls--Records must be put in order.  $3000 was put into the records management line, and could be used for part time help.  Pat asked for someone for 10-15 hours per week for 3 months.  It will be discussed in January.
  • Draft for Trash Burning Law will be studied by the Board.
  • Thermostats were checked by Kap's Krew.
  • Lights in Parking Lot will be installed this month.
  • Reservoir-Locks on the control box and gate have been installed.
  • Highway Negotiations-Attorney Green will look over the changes proposed by John Insetta.
  • Unemployment-a former part time employee has filed for unemployment.

 

Correspondence

  • A letter of interest from David Petrie, stating interest in serving on the Comprehensive Plan Committee.
  • A letter of resignation from the Planning Board from Amy Ford, which was accepted with regret.
  • A letter from Zondra Hart concerning the ARC group home.
  • A letter of resignation as Planning Board intake clerk from Zondra Hart, which was accepted with regret.
  • A letter from Time Warner Cable stating changes in channels.

 

Town Attorney's Report                                 

  •  Mr. Green has filled out applications for accounts in NBT, Wilber, and Key Banks, so the Town may spread funds among them.  A resolution is needed for January stating that these banks are official depositories.

 

Committee Reports

Highway-Ken Hotaling-no report

 

Building and Grounds-Delos Field called three companies asking for quotes on overhead doors for the highway garage, and received one, from Overhead Door of Binghamton.  Action Garage Door and Oneonta Garage Door have not responded.

MOTION:  Dave Butler moved to purchase two 14'X14' overhead doors for the highway garage from Overhead Door of Binghamton for $3700 each, installed.  Ken Hotaling seconded, and the motion passed with all votes "Aye."  Delos will order the doors.

Dave Butler stated that the generator for Fire Company #2 should be ordered and billed to the Town before the end of the year.  Only the installation cost will be owed in 2009.  Money may be encumbered for that purpose.

 

Budget-Dave Butler will review the 2009 Budget.

     Personnel-Eileen Barown-the Planning Board needs a new member.

 

Public Comment  Debbie Clegg asked why the temperature needs to be 60° to fix a roof, and said that the thermostats in the buildings should not be changed because it takes too long to come up to temperature.

 

Resolution 12-A-08- Resolution for contracting with Clough Harbor Associates, of Syracuse New York

A RESOLUTION APPROVING THE SELECTION OF CLOUGH-HARBOUR AND ASSOCIATES TO ASSIST THE TOWN IN THE UPDATE OF THE COMPREHENSIVE MASTER PLAN AND AUTHORIZATION FOR THE TOWN SUPERVISOR TO EXECUTE ALL NECESSARY CONTRACTS AND/OR AGREEMENTS FOR THE IMPLEMENTATION OF THE PROJECT.

WHEREAS, a Request for Proposals (RFP) was released by the Town of Hartwick which solicited interest from professional planning consultants to assist the Town with an update to its Comprehensive Master Plan, and

WHEREAS, the Town received a total of six formal responses that were reviewed by members of the Town's Consultant Selection Committee, and

WHEREAS, following the review of proposals and an interview process, the Consultant Selection Committee unanimously recommended to the Town of Hartwick Town Board, that Clough Harbour and Associates be hired to assist the Town of Hartwick in completing the planning process and developing a revised comprehensive master plan for the Town Board's consideration. 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves hiring Clough-Harbour and Associates for a lump sum fee not to exceed $50,000 for the update to the Town's Comprehensive Master Plan, and

BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town's Planning and Administrative Advisor to develop a formal scope of work and contract with the consultant, and

BE IT FURTHER RESOLVED, that upon review by the Town Attorney, the Town Supervisor may fully execute said scope of work and contract to allow the consultant to begin work as soon as possible.

MOTION:  Ken Hotaling moved to discuss the above Resolution.  Delos Field seconded, and the motion passed with all votes "Aye."

Discussion:                 

  • Eileen Barown questioned the spending of so much money, and asked why another Town's plan couldn't be adapted.
  • It was discussed that every Town is unique.  Planning must be pro-active.
  • Funding was discussed.  Grants may be available to supplement the $20,000 which was put into the 2009 Budget for this purpose.  If grant money doesn't come through, the project may have to be bonded.
  • The Resolution was brought to a vote, and passed with all votes "Aye."
  • Eileen has questions about more regulations, but feels that everyone at the table has the interest of the Town at heart, so voted yes.

Resolution 12-B-08-Change in By-laws of Kinney Memorial Library

WHEREAS the first part of Article V presently reads:

"The Board of Trustees shall consist of 7 members, each appointed for a term of 5 years and each shall be a resident of the Town of Hartwick, Otsego County, New York."  And

WHEREAS it has come to our attention that one of our present board members actually resides in the Town of Laurens. 

NOW BE IT RESOLVED that in order to be in compliance with our by-laws, we need to change the by-laws or dismiss our board member.  Our proposal is that the above article would be changed to read:

"The Board of Trustees shall consist of 7 members, each appointed for a term of 5 years and each shall be a resident of the Town of Hartwick, Otsego County, New York, or an adjacent community that lacks a local municipal library which is associated with the Four County Library System."

MOTION:  Dave Butler moved to pass Resolution 12-B-08.  Eileen Barown seconded, and the motion passed with all votes "Aye."

Seasonal Roads-Resolution 12-C-08

The listing provided by Ed Rood is unclear.

MOTION:  Dave Butler moved to approve the list of Seasonal Roads for 2008-2009 pending corrected wording.  Delos Field seconded, and the motion passed with all votes "Aye."  (The list will be found in the Resolution Book when provided.)

 

MOTION:  Eileen Barown moved to adjourn to Executive Session at 9:50.  Ken Hotaling seconded, and the motion passed with all votes "Aye."

MOTION:  Ken Hotaling moved to exit Executive Session, and re-open the Regular Meeting at 10:20 PM.  Dave Butler seconded, and the motion passed with all votes "Aye."

MOTION:  Delos Field moved to consider the Local Laws Enforcement Officer position vacant.  Eileen Barown seconded, and the motion passed with all votes "Aye."

An ad will be placed for a new Planning Board member.

 

MOTION:  Dave Butler moved to adjourn at 10:25.  Eileen Barown seconded, and the motion passed with all votes "Aye."

Respectfully Submitted,

Regina M. Palmer, Town Clerk