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Town board meeting public hearing


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TOWN BOARD MEETING

PUBLIC HEARING

JUNE 14, 2011

6:00 P.M.



PRESENT: Councilpersons: Kevin Armstrong, Cheryl Boyd, Leonard Govern, Luis Rodriguez-Betancourt, Supervisor Bruce Dolph, Hwy. Supt., Walt Geidel, Attorney Frank Wood, and Town Clerk Ronda Williams
OTHERS PRESENT: Robert Cairns – The Walton Reporter, Maureen Wacha, Brett Cowen – Attorney Wood’s Office, Rick Roberts, Ivan Orisek, Lillian Burdick –Delaware Times, Patty Wood
Supervisor Dolph opened the Public Hearing for those wishing to speak in favor or against the

Proposed renewal of the cable television franchise agreement by and between the Town of

Walton and Time Warner Cable.
With no one wishing to speak, the Public Hearing was closed at 6:05 p.m.

TOWN BOARD MEETING

JUNE 14, 2011

6:00 P.M.



PRESENT: Councilpersons: Kevin Armstrong, Cheryl Boyd, Leonard Govern, Luis Rodriguez-Betancourt, Supervisor Bruce Dolph, Hwy. Supt., Walt Geidel, Attorney Frank Wood, and Town Clerk Ronda Williams
OTHERS PRESENT: Robert Cairns – The Walton Reporter, Maureen Wacha, Brett Cowen – Attorney Wood’s Office, Rick Roberts, Ivan Orisek, Lillian Burdick –Delaware Times, Patty Wood
RESOLUTION #40 APPROVAL OF MINUTES

A motion was made by Councilwoman Boyd, seconded by Dolph approving the minutes of May 10, 2011 as presented. All in favor, motion carried.


RESOLUTION #41 APPROVAL OF MINUTES
A motion was made by Councilman Armstrong, seconded by Dolph approving the minutes of May 17, 2011 as presented. All in favor, motion carried.


FLOOR TIME: Supervisor Dolph opened the floor and welcomed Rick Roberts, Regional Trail Coordinator of the Finger Lakes Trail. Mr. Roberts provided the Board with brochures on the approximate 560 miles of trails that runs from New York border in Allegheny State Park and continues to the Long Path in the Catskill Preserve. Mr. Roberts stated his goal is to remove the trail from the public roads and needs help from landowners to allow hikers permission to cross their property. Mr. Roberts contacted the Walton Mt. Sportsman Club for a potential trail through their property but they have declined and are currently seeking an alternative route.
Supervisor Dolph stated the Town of Walton will use the information and link it from the Town’s website. Councilman Armstrong questioned if there were other options if the landowners do not agree. Mr. Roberts stated there are other options but may make the trail very steep in areas.
Ivan Orisek from Rally NY thanked the Board, Highway Department, and Chamber of Commerce for the support of the previous rallies and requested permission to hold another event on September 7 -9, 2012. Mr. Orisek stated the entire event would be held in Walton with the teams arriving on Thursday and leaving on Sunday. Mr. Orisek requested the following roads and stated there was a significant advantage to having more roads and would have less road closure times. East River road, Colchester Mountain Road, South River Road, Houck Mountain Road, Dunk Hill Road, Dunk Hill Spur Road, Freer Hollow Road, and Palmer Hill Road.
Councilman Armstrong questioned how many times South River Road and Houck Mountain Road would be closed? Mr. Orisek stated he did not have that detailed information yet.
Supervisor Dolph stated that a decision would not be made tonight, instead the Board will wait from comments from the public. Mr. Orisek stated he will send letters to property owners using 911 addresses if the County could provide such a list. Councilman Armstrong requested a list of road closure times.
SUPERINTENDENT OF HWY. REPORT:
Reported that he has received notification from the Department of Homeland Security stating he may proceed with the application process for the South River Road bridge project. The Board was in favor of Superintendent Geidel to continue.
Reported that the Notice of Complete Application has been published and is currently waiting the required 30 days before proceeding with the MacGibbon Gravel Mine.
Stated the Town has been awarded a$93,000 CWC Storm water Grant for Walton Mountain Road and the 15% contribution may come from in-kind service.
Reported that June 17, 2011 is the deadline for the stream grants in which he has applied for 13 different roads.
Reported that he has purchased a 10-wheeler dump box with an estimated acquisition cost of $37,000.00 from the Federal Surplus program for $1,100.00. He is currently looking for a code enforcement pickup.
Reported the bids for a Hydro-Seeder and the Seed and Mulch for a Hydro-Seeder have been opened. He stated that only one bid for each was received and reviewed the information with the DEP who were in agreement with the make and model. He explained the difference in a truck load and pallet for the seed and mulch bid. The Board was in agreement with (1) truck load of mulch and (1) pallet of seed.
Merritt Seed Company – Finn Model T120 Hydro seeder $45,395.00.
Merritt Seed Company – Hydraulic fiber Mulch with Glue

$18.50 per 50# bale based on Pallet

$15.70 per 50# bale based on Truck Load (delivered)

$0.925 per pound 50# bags based on Pallet

$1.50/ 50-300 pound quantity

$1.25/ 350-500 pound quantity

$1.05/ 550-1950 pound quantity
RESOLUTION #42 HYDROSEEDER BID
A motion was made by Councilman Rodriguez, seconded by Armstrong approving Merritt Seed Company as successful low bidder for a Finn Model T120 Series II Hydro seeder for $45,395.00. All in favor, motion carried.

RESOLUTION #43 HYDROSEEDER SEED & MULCH BID
A motion was made by Councilman Armstrong, seconded by Rodriguez approving Merritt Seed Company as successful low bidder for the fiber mulch and grass seed bid. The Board approved the purchase of (1) truck load of mulch at $15.70 per 50# bale and (1) pallet of grass seed at $0.925 per pound in 50# bags. All in favor, motion carried.

Reported that five bids were received for the installation of a 10’ culvert pipe on Fish Hollow Road.


Lafever Excavation $19,000.00

Tweedie Contruction $12,230.00

Delaware Bulldozing $ 9,850.00

Robinson Bros. $15,900.00

Stanton Excavating $10,200.00
RESOLUTION #44 10’ CULVERT REPLACMENT BID
A motion was made by Councilman Armstrong, seconded by Govern approving Delaware Bulldozing as successful low bidder for the placement of a 10’ culvert pipe on Fish Hollow Road for the price of $9,850.00. All in favor motion carried.
Requested permission to surplus a no longer used generator and welding trailer along with a 1987 Case Dozer.
RESOLUTION #45 HIGHWAY SURPLUS
A motion was made by Councilman Armstrong, seconded by Boyd granting permission to surplus a used generator, welder trailer, and a 1987 Case Dozer no longer used by the Walton Highway Department. All in favor, motion carried.
Councilman Armstrong stated that he will contact an online Auction to list the 1987 Case Dozer.
Reported that the new cold storage building is complete and being used.
Reported that the Highway Department is currently paving roads and would like to thank the Towns of Sidney, Colchester, Hamden, Tompkins and Franklin.

Reported that approximately $40,000 worth of damage occurred in the Town of Walton during the April 26, 2011 storm. The event has been declared on June 10, 2011 and will seek reimbursement.


Councilman Govern stated that a resident on Dunk Hill reported that they were very happy with the road work. Supervisor Dolph thanked Superintendent Geidel for all the work he has does with obtaining grants and thanked Shelly Johnson from the Planning Department for all her work in assisting with the grants.

TOWN CLERK’S REPORT:
Reported that a request to hold a raffle from the Catholic Schools of Broome County has been received and asked the Board if they would like to approve it or not.
RESOLUTION #46 APPROVAL TO HOLD A RAFFLE
A motion was made by Councilman Armstrong, seconded by Boyd granting permission for Catholic Schools of Broome County to hold a raffle in the Town of Walton. All in favor, motion carried.
I provided the Board with the NYS and Local Retirement System Standard Work Day and Reporting Resolution.
Standard Work Day and Reporting Resolution

BE IT RESOLVED, that the ____Town of Walton___________________ hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:





Title



Name



Social Security Number

(Last
4 digits)






Registration Number



Standard
Work Day

(Hrs/day)




Term
Begins/Ends



Participates in Employer’s Time Keeping System

(Y/N)




Days/Month

(based on Record of Activities)




Tier 1

(Check only if member is in Tier 1)


Not Submitted (Check box if no record of activities completed or timekeeping system)

Elected Officials 













































































































































































































Appointed Officials

























Dog Control Officer

Stephen Dutcher




36871648

6

1/1/11-12/31/11

N

3





































Code Officer

Mark Jacobs




36117562

6

1/1/11-12/31/11

N

11







Court Clerk

Kristin Beers




39442868

6

1/1/11-12/31/11

N

8





































Attorney

Francis Wood




38158291

6

1/1/11-12/31/12

N

7







On this ____14_______day of __June___________, 2011___________________________ Date enacted: ____________________________

(Signature of clerk)

I, ___Ronda Williams_____________, clerk of the governing board of the ____Town of Walton_______, of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the __14_ day of __June______, 2011__on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original.



I further certify that the full board, consists of ___ members, and that ___ of such members were present at such meeting and that ___ of such members voted in favor of the above resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the
__________________________________________


(seal)


(Name of Employer)

RESOLUTION #47 STANDARD WORK DAY AND REPORTING RESOLUTION
A motion was made by Councilman Govern, seconded by Armstrong approving the Standard Work Day and Reporting as presented. All in favor, motion carried.
Reported that the monthly Dog Control Officers report and mileage sheet are available in my office for those wishing to view them. Supervisor Dolph requested a copy.

SUPERVISOR’S REPORT:
Supervisor Dolph reported that letters have been sent to all landowners who were considered as part of the Hamlet Designation and some landowners have requested to opt out of the designated area. Those landowners are Hitt on Upper East Brook Road, Harby on Route 10, Kipp on East River Road, Dailey on Budine Road, Buteau on Nichols Road, Howland and Henderson on East Brook Road, Pratt on Murphy Hill Road, and McNee on Route 10.
RESOLUTION #48 EXTENDING THE DESIGNATED AREA LETTER
A motion was made by Councilman Govern, seconded by Boyd granting Supervisor Dolph permission to sign and distribute a letter to landowners who are included in the Designated Area. All in favor, motion carried.

RESOLUTION #49 HAMLET DESIGNATION
1RESOLUTION #_49___ of 2011

TOWN OF WALTON
WHEREAS, in December 24, 2010, the New York State Department of Environmental Conservation (“DEC”) issued a Water Supply Permit to the New York City Department of Environmental Protection (“DEP”) which authorizes DEP (and/or its agents) to purchase land in fee and to purchase conservation easements within the New York City Watershed West-of-Hudson River subject to certain restrictions with a duration of 10 years (with a one five year renewal for a total duration of 15 years). A copy of the Water Supply Permit (Permit No. 0-9999-00051/00001) is available at http://www.dec.ny.gov/permits/70361.html.
WHEREAS, under Special Condition 1 of the permit, DEP’s acquisition of land in fee and conservation easements under this permit is limited to a cap of 105,043 acres;
WHEREAS, as a willing buyer offering to pay fair market value with no mortgage contingency or real estate commission, DEP’s Land Acquisition Program has been very successful in purchasing land and conservation easements throughout the watershed;
WHEREAS, there is a concern that the City’s Land Acquisition Program will continue until there is no remaining developable land for purchase;
WHEREAS, DEP is not allowed to purchase land or conservation easements outside of its City boundaries for water quality protection without obtaining approval from DEC under Article 15, Title 5 of the New York State Environmental Conservation Law;
WHEREAS, the Water Supply Permit issued by DEC limits the type of land eligible for City purchases such that there must be a significant water quality benefit to the purchase and the program must not have a significant adverse impact on the community’s ability to survive and prosper;
WHEREAS, in the Water Supply Permit, DEC has sought to balance the need for future generations to have access to developable land by restricting from land eligible for acquisition, certain parcels, which from an environmental, social and economic perspective, should be preserved for future residential or commercial development (e.g., access to sewer or other utility infrastructure, road frontage, flat lands, in the hamlet, proximity to the hamlet, dry soils suitable for septic system);
WHEREAS, Special Conditions 7, 8 and 9 of the Water Supply Permit restricts eligibility for land acquisition to land that (i) has certain surface water features and/or steep slopes, (ii) are greater than a certain size and (iii) are vacant. Subject to certain exemptions, parcels that do not meet that criteria are ineligible for acquisition;
WHEREAS, once the City purchases the land and/or the conservation easement, the land becomes forever limited as open space and prohibited from residential and/or commercial development by future generations;

WHEREAS, in order to protect the land that is most amendable for development, Special Condition 10 of the Water Supply Permit identifies two types of areas where the City may not purchase in fee or conservation easements: The 1997 Designated Areas and the 2011 Designated Areas;


WHEREAS, Special Condition 2 of the Water Supply Permit provides as follows:
The City’s LAP, the City’s Watershed Regulations, and the other programs and conditions contained in the Watershed MOA, when implemented in conjunction with one another, are intended to protect water quality while allowing existing development to continue and future growth to occur in a manner that is consistent with the existing community character and planning goals of each of the Watershed communities. The City’s land acquisition goals recognize the importance of ensuring that the availability of developable land in the Watershed will remain sufficient to accommodate projected growth without adverse effects on water quality and without substantially changing future population patterns in the Watershed communities.
WHEREAS, the determination whether the 1997 Designated Area and the 2011 Designated Area is needed to ensure the availability of developable land to accommodate anticipated necessary growth within the community is in the nature of a local land use determination to be made by the Town Board;
WHEREAS, attached as
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