Minutes of the regular Town Board Meeting of the Town of Colesville held at the Town Hall Building, 780 Welton Street, Harpursville, New York, with the




НазваMinutes of the regular Town Board Meeting of the Town of Colesville held at the Town Hall Building, 780 Welton Street, Harpursville, New York, with the
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Oct. ’12 pg.

TOWN OF COLESVILLE

TOWN BOARD MEETING

OCTOBER 4, 2012

Minutes of the regular Town Board Meeting of the Town of Colesville held at the Town Hall Building, 780 Welton Street, Harpursville, New York, with the following members and guests present:

Supervisor Edward Mosher

Councilperson Margaret Wicks

Councilperson Glenn Winsor

Councilperson Michael Olin

Councilperson Stephen Flagg

Town Clerk Tomi Stewart

Highway Superintendent Robert Young

Code Enforcement Brad McAvoy

Town Attorney Alan Pope

Guests: Ernest Altenweg, Dennis Nixon, Linda Nixon, Jordan Patch, Jan McKnight, Linda Dabulewicz, Mary Ann Jamgochian, Joanne Merrian, Sarah Kaminsky, C. Kron, Andria R. Simpson-Russell, James LaBelle, Joe Patch, Doug Rhodes, Tim Petras, Ray FeDora, Katherine Aiken, James R Aiken, Lee Bronson, Bonnie Hallick, James D. Hallick, David Warpus, Patti Searles, Kate Bilyk, Ryan Cobian, Matt Guokas, Betty Bayles, Doug Townsend, Carol Martin.

Supervisor Mosher called the meeting to order at 7:00 pm, which was followed by the Pledge of Allegiance.

Mr. Mosher opened the public comment portion of the meeting: Ray FeDora of Center Village asked about the status of the Engineer’s Structural Report on the property located at 3278 NYS Rte 79. He also asked if the town knew who purchased the property from Broome County during their recent tax foreclosure sale. And if the Town has been in contact with the new owner with regards to the Administrative Warrant filed against the unsafe structure. Mr. Pope said that all will move along without the engineer’s report. Enforcement Officer Brad McAvoy said that the new owner information has not been posted on the County’s website Mr. Pope recommends getting in touch with Kevin Keough, Director of Broome County Real Property for owner information.

Ed Mosher asked Enforcement Officer B. McAvoy to contact Kevin Keough. Mr. Mosher also assured Mr. FeDora that the Board will follow through.

Lee Bronson of Sanitaria Spring wanted to follow up with the Board as to the request to have the Speed limit lowered in Sanitaria Springs. E. Mosher said that a request has been sent to Broome County for their review and recommendation, from there the letter will go to New York State for their approval.

Lee Bronson also said that the property next to him is slowly being cleaned up, but there are still rodents living in the debris. Enforcement Officer McAvoy said he gave the property owner 60 days to remedy the violations and get the foundation taken care of and cleaned up.

Matt Guokas of Perch Pond Road thanked the Town Board for setting up the meeting held on the development of natural gas. He said it was well orchestrated, however it seemed as though people were frustrated with the amount of time allowed for each speaker and questions from the audience. He wanted to know where the town board will go next in regards to drilling issues.

Mr. Guokas said there is a lot of concern as to how the town will proceed with the exploration and development of natural gas. He further said that people may need more than a public forum to voice their concerns and ask more questions.

Ed Mosher thanked him for his comments and looks forward to additional comments from Mr. Goukas in the future.

Carol Martin also commented on the informational meeting on the exploration and development of natural gas saying that the meeting was rushed. She thinks the Board needs to help to educated people on the Pros and Cons of hydro-fracturing. She wants the people to have more information and protection.

G. Windsor said that there are meetings on this topic almost monthly and they have been on going for the past four years.

Ms. Dabulewicz commented that people need more information about the drilling. She also voiced her concerns about Broome County developing a well site at the contaminated landfill in Doraville.

Ed Mosher said he will follow up with Broome County Executive Debbie Preston.

Doug Townsend asked if the Town has any control over the natural gas drilling.
Margaret Wicks says that the State regulates the drilling and the permit process, through a local ordinance the Town has authority to regulate noise and the use of roads.

Discussion continued amongst the guests, regarding the Pros and Cons of drilling. Mr. Mosher discussed holding another public forum on the subject. M. Wicks suggested a town committee be set up to invite professionals to help establish town guidelines for the development of natural gas drilling, and asked Ms. Dabulewicz if she would like to sit on the committee. Ms. Dabulewicz said that she really has no idea who to contact, she’s just a concerned citizen.

Mr. Guokas said that M. Wicks suggestion has creditability and merit and that a joint committee with members of the Town Council and Colesville Residents with professional representation supporting both sides of the issue would be a good idea. Mr. Goukas said it would help to work through many of the details.

Mr. Mosher suggested hiring a professional consultant to address the public during public forum. G. Winsor suggested looking at other options before hiring someone. Mr. Winsor said again that there are meetings held approximately once a month on this topic, and that there may be professionals willing to speak at no charge.

Hearing no further comments or concerns the public portion of the meeting was closed at 8:45 pm.

Mr. Mosher opened the Public Hearing on the 5 Year Non-exclusive Franchise Agreement with Adams CATV, Inc. and asked for the legal notice review, Town Clerk T. Stewart said that the legal notice was posted on the town sign board September 26, 2012 and published in the Windsor Standard September 19, 2012. Mr. Mosher asked for public comment or concerns; hearing none, he closed the public portion of the Public Hearing at 8:50 pm.

M. Wicks mentioned some of the changes made to the franchise agreement and reviewed some of the roads that have been added for service.

Resolution #92.12

Resolved, that the attached resolution entitled “A Resolution Authorizing the Supervisor to sign an Agreement with Adams CATV, Inc.” is herein approved. Motion made by M. Wicks and seconded by G. Winsor

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0


Mr. Mosher asked for the legal posting and publication of the advertisement for Bids for the – Execution and Delivery of Budget Notes of 2012 to pay for the 2011 Floor Repair /Restoration work approved by FEMA: (1) Thorn Hill Stream Bank Repair and Roadway Reconstruction Project, (2) Upper Hartz Road Stream Bank Repair and Stabilization and (3) Lower Hartz Road Repair Project. Town Clerk T. Stewart said that the legal notice was posted on the town sign board September 26, 2012 and published in the Windsor Standard September 19, 2012.

One bid was received: NBT Bank, N.A. placed a bid for the purpose of funding the following flood related projects. Not-Pre-payable rate is 1.53% and the Pre-payable rate is 1.69%.

Resolution #93.12

Resolved that the Town Board authorizes the issuance of Budget Notes of the Town of Colesville, Broome County, New York to Provide Funds to be expended for the 2011 Flood Repair/Restoration work approved by FEMA: (1) Thorn Hill Stream Bank and Repair and Roadway Reconstruction Project ($401,212.00), (2) Upper Hartz Road Stream Bank Repair and Stabilization ($193,514.00) and (3) Lower Hartz Road Repair Project ($68,000.00) is herein approved. Motion made by M. Olin and seconded by M. Wicks.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Mr. Mosher opened the Public Hearing proposal to change to the definition of Permitted Uses in the Rural Agricultural Zone in the Town of Colesville which such proposed changes includes language authorizing a petting zoo as a permitted use, and asked for the legal notice review, Town Clerk T. Stewart said that the legal notice was published in the Windsor Standard September 19, 2012 and posted on the town sign board September 26, 2012 and

G. Winsor and Mr. Pope gave some background information as to the course of action taken by the Planning Board while reviewing our land use local law. Mr. Pope read the proposal from the Planning Board to the Town Board to change the zoning regulations and noted that their suggestion is not to be specific to a Petting Zoo, but include Farm Related Opportunities as a permitted in a Rural/ Ag Zone.

Mr. Mosher opened the public hearing for public comment: Betty Bayles and others residents expressed their concerns regarding the landscape of the area now that an 8’ solid board fence has been installed on Jordan Patch’s property. Other concerns residents asked that Board take into consideration is the location of signs, lighting, and types of animals that would be allowed and various public health issues. Mr. Patch said that the board fence is a better protection for the animals. Mr. Patch further stated that the USDA heavily regulates the welfare and safety of the animals. Guests in support of the Petting Zoo commented on the positive family experiences, the rehabilitation benefits that are gained by the handicap and the possible economic benefit to the community.

Resolution #94.12

Resolved, that the Town Board of the Town of Colesville adopts the proposed definition and schedule of regulations requirements and make them a part of the Town of Colesville Land Use Local Law, is herein approved. Motion made by G. Winsor and seconded by M. Olin.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Resolution #95.12

Resolved, that a public hearing be held on November 1, 2012, at 7:05 PM, regarding the 2013 preliminary Budget per the attached resolution. Motion made by M. Olin and seconded by S. Flagg.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Resolution #96.12

Resolved, that the Supervisor is authorized to request the services of the Auxiliary Police from Broome County Emergency Service for Halloween Patrol, from 6 PM to Midnight, Monday October 29, 2012 through Wednesday October 31, 2012. Motion made by M. Wicks and seconded by M. Olin.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Resolution #97.12

Resolved that the Justice Court is authorized to submit application for funding through the Justice Court Assistance Program (JCAP), Application to include request for various items with cost approximately $2,831.82. Motion made by S. Flagg and seconded by M. Wicks.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Resolution #98.12

Resolved that the Supervisor is authorized to make the following transfers: From General Surplus to the following accounts: A3120.4 (Police Contractual) the amount of $30.00; to A3110.4 (Sheriff Contractual) the amount of $240.00; to A5132.4 (Garage Contractual) the amount of $1,257.13 (for labor and consultant and arbitration); From Justice Court Grant to A1110.4 (Justice Contractual) the amount of $1,734.66. Motion made by G. Winsor and seconded by M. Olin.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Resolution #99.12

Resolved, that the following transfer be made: From Historical Savings to General Fund the amount of $275.00 (Voucher #308 Abstract #10) (For purchase of 100 Calendars). Motion made by S. Flagg and seconded by M. Olin.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Reports submitted in the Board’s monthly folder included monthly reports from the Supervisor, Town Clerk and Code Enforcement Officer, along with various correspondence, resolutions and agreements.

Committee Reports: Reports:

Highway – R. Young said that the 8x8 Radio Tower located on Tobey Road will soon need to be replaced. Mr. Mosher asked if he would get a quote.

Enforcement – B. McAvoy reported on the number of building permits issued in September; the fence around the holding pond behind Mr. & Mrs. Guley’s house has been fixed, and the electric service for the Town Hall will soon be restored.

Youth - M. Olin said that the committee met on September 19; The Field Hockey Program went very well. The next meeting will be held Oct. 17th.

Historical – M. Wicks said that 2013 calendars are available for purchase; the guest speaker was very interesting she spoke about the life of 27’ Midget, General Mike, born in 1920, and his travels.


Resolution #100.12

Resolved, that the Town Board has audited and approved payment of General Fund Bills # 272 through # 312 totaling $15,396.17, and High Fund Bill #211 through #236 totaling $45,232.34. Motion made by G. Winsor and seconded by M. Olin.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Motion made by G. Winsor and seconded by M. Olin to approval of Minutes of Town Board Meeting held on September 6, 2012.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Motion made by M. Wicks and seconded by S. Flagg to enter into Executive Session at 9:00pm to discuss the sharing of fuel tanks with Harpursville School District buses.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

Minutes of Executive Session:

Executive Session called to order at 9:04pm. Present: Bob Young, Glenn Winsor, Mike Olin, Ed Mosher, Alan Pope, Steve Flagg, and Margaret Wicks. Discussion concerning fuel tanks. Came out of Executive Session at 9:26 pm.

Margaret C. Wicks

Motion made by G. Winsor and seconded by M. Olin to come out of Executive Session and to re-convene the regular meeting.

Adopted Ayes 5 Winsor, Olin, Mosher, Flagg, Wicks

Noyes 0

General Discussion:

M. Wicks mentioned that the Dog Control Officer may have to take a Civil Service Test.

No further business before the Board

Motion made by G. Winsor and seconded by M. Olin to adjourn at 9:25 pm.

Carried


Respectfully submitted,

Tomi Stewart Town Clerk

Town of Colesville

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