A regular meeting was held June 17, 2014 at Hutchinson Hall, 109 Whig Street Newark Valley, NY at 7:00 P.M. The following were
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1 A regular meeting was held June 17, 2014 at Hutchinson Hall, 109 Whig Street Newark Valley, NY at 7:00 P.M. The following were PRESENT: Stuart Yetter, Jr., Supervisor Joseph Tomazin, Jr., Councilman Ronald Graham, Councilman ABSENT: Daniel Cheresnowski, Councilman (Entered at 7:10 P.M.) Also Present: Karen McMullen; Levene, Gouldin & Thompson, Attorneys to the Town, Charles Meade; Highway Superintendent, Tom Larson; Code Enforcement, Walt Knudsen; Planning Board Member, Charlie Morgan, Loren Thomas, Del Mock, and Sue Meade. Supervisor Yetter called the meeting to order at 7:00 P.M. Supervisor Yetter led all in the Pledge of Allegiance. There was a moment of silence for Councilman Thomas. Approval of Board Meeting Minutes for May 20, Resolution # Approval of Town Board Meeting Minutes for May 20, 2014 On a motion offered by Councilman Graham and seconded by Councilman Tomazin, the Town Board approved the meeting minutes for May 20, 2014 as submitted. Privilege of the Floor No one brought anything before the Board. Highway Superintendent s Report Highway Report June 17, 2014 #1. Gas Price: $3.00 gal. Diesel Price: $3.21 gal. #2. Project #1 (Bailey Hollow Rd.) is ready for stone and oil. I hope to put course #1 on this week (weather permitting) Next week planning to do all of our oil and stoning: Ketchumville Rd., North Ketchumville Rd., Bailey Hollow Rd. (2 course and 1 course to Town of Maine line) and NV Maine Rd. #3. We are re-working all gravel roads now, starting with Smokey Zimmer, Bailey Hollow to Davis Hollow and Chamberlain Rd. adding Salt Brine as we are doing it. #4. After July 4 th I hope to have shoulders on NV Maine road along with hot patching, brush and cutting the grass along the roads. #5. The Town of Union Highway has an interest in buying #84 s box. It is a Heil 14 Ft, it has a 3 year old new underbody which was replaced in (This vehicle lost it on ice on Chamberlain Rd. and laid it on the bank) insurance paid it. The head mechanic from Town of Union states, that 1
2 our box is in rougher shape than Town of Richford! I disagree; the only cracks are in around the left rear tail lights! The head board is solid not rusted. The floor is worn thin and has 2 maybe 3, quarter size holes. Richford s has a plastic floor, which covers large dents. I suggest that we get $2,500 To $3,000 for ours. Richford sold there s for $1,200 and they are taking off their canvas covers, and ours will go with the box. See pictures (discussion) #6. This year to keep with the OGS program with Milton Cat to change out the Cat Loader, now it has 485 hours and after 500 hours all the filters and oils including hydraulic has to be change. That cost will be over $1,300 which we do in house. The things that have to be taken off are 1 highway radio and the top light. When the State Controllers rep. was here he (Charles) said that it s a good cost effective program, it keeps you in a new warranted piece of equipment at a low cost to operate, grease and fuel is the only cost! This can be done this year for $8, That is $1, less than last year s loader. The money is in New Equipment account #DA (Discussion) #7. Truck #89 s gate around the center door was leaking #1A s, stones which are the smallest stone we haul. It chipped Art Hilliard s windshield on his pickup truck. I turned it into NYSMIR and the tailgate was fixed after that load. #8. Dan Cheresnowski and I went to Town of Owego s salt shed to look it over. Dan was checking on blocks from C&C, Barney, and Dickenson. I was checking with Holbrook s in Killawog. #9. It has been brought to my attention, by the code department, that the Fire Depts. Training ground s sign is too close to the road way. The road is 15 feet wide, the right of way is 24 ½ feet from the center. The post closest to the road is 30 feet from the center of the road. In the 1970 s the original sign post was placed in the same location, I was there doing the work. As you can see in the pictures the rail road signs and the telephone pedestals are on the highway right of way. That is far enough back being a dead end road, only 15 feet wide and the telephone pedestal is before the location of the sign which is in the existing sign placement which was 1970 s. Superintendent Meade read his Highway Report. There was discussion concerning #5 above. There was discussion about #6 above, the Board agreed with the purchase. There was discussion about #8 above. There was discussion about #9 above. New Business Supervisor s Financial Report Everything is okay, no big changes. The sales tax is up and down, but everything is on track. There was discussion about Dave Cooley wanting help from the town to clean up gravel behind the cemetery. It was decided that if the gravel is something the Highway Department can use, then we can pick it up. There was discussion about donations to the town. 2
3 Resolution # Supervisor s Financial Report On a motion offered by Councilman Tomazin and seconded by Councilman Cheresnowski, the Town Board accepts the Supervisor s Financial Report for May 2014 as submitted. Councilman Tomazin, Jr. AYE Councilman Cheresnowski AYE Councilman Graham AYE Supervisor Yetter, Jr. AYE New Furnace Proposals There were several proposals with two schools of thought. The first one would be to put in one furnace and put in dampers to the front and back of the building with separate controls. The other thought was to put in two furnaces and two air conditioners, one of each for the front and back of the building. Two systems would cut propane cost by one half. There was discussion about the proposals. It was decided to go with the proposal from Evan s Heating and Plumbing, Resolution # Accepting New Furnace and Air Conditioning from Evan s Plumbing and Heating On a motion offered by Councilman Tomazin and seconded by Councilman Graham, the Town Board authorizes the Supervisor to contact Evan s Plumbing and Heating accepting the proposal of the installation of the furnace. Councilman Tomazin, Jr. AYE Councilman Cheresnowski AYE Councilman Graham AYE Supervisor Yetter, Jr. AYE Bookkeeper Position Two resumes were submitted, one from a woman from Pennsylvania and one from the Deputy Town Clerk/Deputy Tax Collector. Cheryl has talked with Karen and believes she has the ability. There was discussion about the bookkeeper position. The Supervisor will talk to both people. Old Business Department and Council Reports Code Enforcement The Code Enforcement Officer submitted his monthly report for May and it is on file in the Clerk s office. The Code Enforcement Officer discussed the following with the Board: 4889 NV/Maine Rd landlord/renter dispute Three construction trailers Mosher/Pewterbaugh chainsaw dispute 3
4 Planning Board Mr. Knudsen said the Planning Board is drafting the Comprehensive Plan. There was discussion concerning this issue. Justice Report Justice John Schaffer reported for the month of May 2014, the following cases were disposed: 25 Traffic Tickets; 1 Criminal charges; 0 Dog Cases; 0 Civil Cases; 0 Econ Cases and 0 Town Law Cases. A total of $2, was sent to the NYS Comptroller s Office. Justice Todd Smith reported for the month of May 2014, the following cases were disposed: 8 Traffic Tickets; 4 Criminal Charges; 0 Dog Cases; 2 Civil Cases; 0 Econ Cases; 0 Town Law Cases. A total of $1, was sent to the NYS Comptroller s Office. Council Members & Committees A Clean Water Act Regulation Resolution was sent to the town from the County. The County wants the town to support the resolution. There was discussion about the resolution. Resolution # Adoption of Clean Water Act Regulation Resolution On a motion offered by Councilman Cheresnowski and seconded by Councilman Graham, the Town Board accepts the following resolution: The Town of Newark Valley Opposes Clean Water Regulation Proposed by the Environmental Protection Agency and Army Corps of Engineers. WHEREAS, The Town of Newark Valley affirms its commitment to environmental stewardship and the protection of our natural resources, and recognizes the need to harmonize municipal programs and services with the legislative intent and objectives of the Clean Water Act (CWA); and WHEREAS, the CWA was not intended to capture seeps, wet areas, isolated man-made ponds and other structures not currently subject to the CWA: and WHEREAS, the Environmental Protection and Agency (EPA) and the United States Corps of Engineers (Corps) have developed a proposed regulation on Definition of Waters of the United States Under the Clean Water Act to clarify the EPA and Corp s understanding and definition of the CWA that will inform all of EPA s regulatory programs and policy actions: and WHEREAS, this proposed regulation creates greater uncertainty rather than clarity and would now capture a significant number of public works activities and transportation infrastructure that will now be subject to the CWA and its costly and time consuming permitting and regulatory protocols: and WHEREAS, the proposed regulation greatly expands the number of projects subject to jurisdictional determination or CWA permitting which do not currently require such oversight at great expense to the taxpayers of the Town of Newark Valley with little, if any substantive 4
5 environmental benefit while diverting scarce resources from other programs that do provide environmental protection and conservation benefits; and WHEREAS, the financial impact of the proposed regulation to the Town of Newark Valley will create significant ongoing maintenance costs and delays to the Town of Newark Valley citizens due to the need for jurisdictional determinations and expanded jurisdictional authority of EPA and the Corp; and WHEREAS, the Town of Newark Valley believes that the standards for making jurisdictional determinations under the CWA and clarification or definition of the intent of the CWA should be accomplished only through the U.S. Congress, and limited by the decisions of the U.S. Supreme Court; NOW, THEREFORE, BE IT RESOLVED THAT the Town of Newark Valley urges EPA and the Corps to withdraw the proposed CWA regulation immediately, work collaboratively with states and local governments to clarify federal jurisdiction under the CWA that is reasonable, environmentally responsible and respects the authority of state and local governments in ensuring the protection of our water resources and; BE IT FURTHER RESOLVED, that the Town of Newark Valley supports any federal legislation consistent with the above recommendations and urges its Congressional and State representatives to intercede with EPA and request that EPA report to them on their response and adaptions regarding the aforementioned concerns; and BE IT FURTHER RESOLVED that a copy of this Resolution, suitably engrossed, should be transmitted to U.S. Senators Charles Schumer and Kristen Gillibrand, U.S. House Representatives Tom Reed and Richard Hanna, EPA Administrator Gina McCarthy, New York Governor Andrew Cuomo, New York State Senator Tom Libous, New York Assembly Representative Christopher Friend, and EPA Region 2 Administrator Judith Enck. Adopted by the Town of Newark Valley, June 17, 2014 Councilman Cheresnowski - AYE With the passing of Councilman Thomas, we now have to make a decision about filling his position, either by appointment or election. There was discussion about this. After the discussion the decision of the Board is to let the candidates petition and wait for the election. Dog Control Officer The Supervisor said the Dog Control Officer has taken some dogs to Stray Haven and he needs to talk to the Dog Control Officer about the Dog Enumeration. 5
6 Resolution # General Bills On a motion offered by Councilman Cheresnowski and seconded by Councilman Graham, the Town Board authorizes the payment of General Bill Vouchers, inclusive, in the amount of $9, Councilman Cheresnowski - AYE Resolution # Highway Bills On a motion, offered by Councilman Tomazin and seconded by Councilman Cheresnowski, the Town Board authorizes the payment of Highway Bill Vouchers #H112 #H129 inclusive in the amount of $153, Councilman Cheresnowski - AYE There was a motion to adjourn the meeting at 8:25 P.M., offered by Councilman Graham and seconded by Councilman Tomazin. The next scheduled meeting is July 15, 2014 at 7:00 P.M. Respectfully submitted, Barbara S. Mock Town Clerk 6
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