TOWN OF HIGHLAND
REGULAR BOARD MEETING
SEPTEMBER 15,2010
PRESENT SUPERVISOR ANDREW BOYAR
COUNCILMAN FREDERICK BOSCH
COUNCILWOMAN AMANDA SCULLY
COUNCILMAN SCOTT HALLOCK
ALSO PRESENT ATTORNEY TO TOWN MICHAEL DAVIDOFF
TOWN CLERK DOREEN HANSON
Supervisor calls meeting to order
Flag Salute
Moment of Silence for our lost brothers and sisters and our fallen heroes from
September 11.
Roll Call Supervisor Boyar states Councilman Paul Zimmermann is not in attendance due to illness he did audit the abstract and he indicated where he would vote on the resolution, he did his homework. We wish that he feels better and comes back to us soon.
MOTION BY Councilman Hallock to accept the Town Clerks August 10,2010 minutes seconded by Councilman Bosch discussion motion carried all ayes.
MOTION BY Councilwoman Scully to accept July 2010 Financial Statement seconded by Councilman Hallock discussion motion carried all ayes.
CORRESPONDENCE
Received and read Highland Constable report over the signature of Michael Walton Chief of Patrol.
Received and read Yulan Fire Department report over the signature of Kieth Blaut Chief.
Received and read Highland Lake Fire Department report over the signature of Charles Hallock Chief.
Received and read Dog Control monthly report over the signature of Fawn Schneider DCO.
Received letter from Mary Nancy Esposito in reference to the speed limit on Woods Road.
MOTION BY Councilwoman Scully to approve the amendment to the Defined Benefit Service Program and authorizing that it be placed on the Ballot on November 2,2010
seconded by Councilman Hallock roll call vote Councilman Hallock yes Councilwoman Scully yes Supervisor Boyar yes Councilman Bosch recuses himself. motion carried all ayes.
PUBLIC COMMENT
Jack Scully states he request that the Town of Highland Town Board address the following items as they pertain to Clark Road
1. The harassment of the general public by Highland Field and Stream Rod and Gun Club members.
2. The harassment of the Town of Highland Public Works Department by Highland Field and Stream Rod and Gun Club members while they are engaged in there official capacity repairing and improving the condition of the road resulting in temporary suspension of the road work.
3. The public safety issue resulting from several big pine trees that were cut through and the wind could blow over that are approximately 200 yards from the new club house on the Eldred side of the road which would require the town employees to be called out on over time to clean them up. If the trees fall in one direction they take the power lines down if they fall in another direction they go over the road , it is believed that they were intentionally cut by a member of Highland Lake Field and Stream Rod and Gun Club and left standing in that condition for a significant period of time.
4.Ninety percent of the traffic going up and down Clark Road is Highland Field and Stream Rod and Gun Club, the speed limit is 30 miles per hour there are several Club Member that have ritually speed down that road, there is an issue for my family who maintains two residences on this road . I ask the town board assist me in resolving this matter .
COMMUNITY PLANNING / SENIORS
Supervisor Boyar states that Councilman Zimmermann indicated that if the SeniorCenter were to be painted that the color should be painted in the existing colors.
BUILDING /CODES MULTI TASK FORCE
Councilman Bosch states the State of NY is making the town responsible for dog licensing we used up or 2010 funds early in the yearand we anticipate having funds to update the Town Code at the beginning of the year. It is now about time to advance local laws proposed in 2009 plus the dog licensing law . I would to make a resolution the Chairman of the Planning Board and the Zoning Board of Appeals to review the proposed Zoning changes with myself and bring the final product to the Town Board workshop and appoint Scott Hallock and the President of the Yulan and Highland Lake Fire Departments or the designees to review the changes for access for Emergency Services with myself and bring the final product to the Town Board Workshop and appoint Doreen Hanson to review a new Dog Licensing Law with myself and bring the results to the Town Workshop.
Supervisor Boyar states I find it surprising that you have all these legislative initiatives and you bring it up at a meeting without consulting with me why don’t we go through the normal legislative process.
Councilman Bosch states if you want to go through the process I will speak to these people myself and bring it to the workshop.
Supervisor Boyar states we understand what happens with dogs is that the state ran the program and this year opted out so the question is the Town is saddled with licensing the dogs and how are we going to do it and do we have to adopt a local law.
Town Clerks states yes.
Michael Davidoff states I have been in touch with the Association of Towns and they are working on a model local law and as soon as we get something formulated I will get a copy of it to Doreen.
Councilman Bosch states the other issue is to update the section of our Code which is Access for Emergency Services , there are some issues in regards to driveways being built inaccessible to fire trucks. There have been different things kicked around but they have not gotten to the point of amending the Local Law .
Supervisor Boyar states do you want to set up a task force for that.
Councilman Bosch states I thought the President of Highland Lake and Yulan FD along with Scott who is our Emergency Services Chairman and try and get some thing workable.
Supervisor Boyar asks and someone from out Ambulance Service?
Councilman Bosch states if a fire truck can get up a driveway then an Ambulance can.
Councilman Bosch states before the last election there was a great deal of controversy about signs. Bob Thompson and I were directed to come up with some revisions to the Signs section of the Zoning Section of our Code.
Supervisor Boyar states if you have a draft of proposed legislation would you share it with this Board. I thought the sign was pretty simple it says political signs can go up thirty before the election and they had to be taken down within a day or two of the election.
Why was it so controversial?
Councilman Bosch state it was the size , our code state for free standing signs is very small, many of the signs were much bigger we also had a problem with huge signs on a trailer and some 32 sq. foot signs that were used for years and years and they were always in violation as far as temporary signs were concerned and that was done to condense several candidates on one sign and that is not covered in out town code.
Supervisor Boyar asks if you have any draft material would you share with the Board
and I am informing you that there is an initiative in the Town review the Town Ordinance. It is with a group people that there might be a more comprehensible way to deal with signs it started by looking at the model that was used in Bethel to get people to commercial establishments.
Councilman Bosch states the MMTF is moving forward with the Local Laws to protect our Town Roads to protect our road from damage from industrial usage. We are moving to reach out to the Sullivan County DPW to work with us.
INSURANCE
Supervisor Boyar states I will be having a meeting with our Insurance Agent and I have shopped with another and it appears that insurance cost have stabilized or possible have gone down a little bit.
BUILDINGS
Councilman Bosch states we advertised for installing a generator for the Town Hall and we specified a 100 amp transfer switch rather than a 200 amp and rather than send out a
correction to the bid specs the Town Attorney recommended we reject all bids unopened. MOTION BY Councilman Bosch to reject all bids unopened for the bids for the generator for the Town Hall and re advertise with new wording seconded by Councilman Hallock discussion Supervisor Boyar states I think that is one of the danger of having so much specificity in our specs it good and bad but it is no big deal we will reject the bids and re advertise motion carried all ayes.
BEAUTIFIATION
Arnold Gruel state we cleaned up the park in Eldred and cut down the apple trees and in the process of cleaning out the park in Barryville.
OLD BUSINESS
Supervisor states the Clark Road determination and distributed to all Board Member and that is a done deal with one question with respect to the road the Highway Department were fixing the road and also widening it and it was brought to either the Highway Superintendent or the Highway Workers attention what is the width of the road and the width of the road I think we know is a road by use one rod and that is what I think it is but I am going to ask the Highway Superintendent to confer with the Town Attorney to determine whether it is a one rod road or not and if it is that it should be the width to which the road is open.
Councilman Bosch states in all my years working for Sullivan County Department of Public Works roads by use were whatever width they been open up to if it was 20 ft it was 20 if it was 40 ft it was 40 if it was 60 ft it was 60 what ever it was open up to that was the right of way line by use but Town Law may be different that County Highway Law.
Supervisor Boyar states actually if you go to the section that have not been touched you will see it is 8 OR 9 feet and how does it go from 9 ft. to 20 ft.
Supervisor Boyar states the Town has authorized the purchase of two pieces of highway equipment at about a cost of $262.000 I shopped with at two banks and we got a rate from the First National Bank of Jeffersonville at 3.25 which is a ¼ point lower than our last bond.
Supervisor Boyar asks shall the Town defer on installing the heater at the Highway Shop we opt to defer on the installation we will save the cost which is $500.00
and the vender will install at any time at the cost. Supervisor Boyar states the Highway Shop is heated by three large propane heaters, we had one repaired and by the time that was done we already moved forward with a replacement.The question is we now have
three working heaters and we have one in a box which is probably a new more efficient model why would we take down a working heater . I think we should leave it in storage and reduce the installation fee from Barryville Electric .
Councilman Bosch states basically I think it is a good idea in a way but in another way it isn’t. each of the heaters seems to break down every winter. If we had one new one in there at least it wouldn’t break and it would only be the other two and the one that we would take down we would use for parts when needed. I think it would be putting money being spent later on in the winter which doesn’t really save the money and if the Barryville Electric is busy or out of town it may not be able to be installed when we need it.
Supervisor Boyar states that if we have three working heaters we could go a whole season and none would break down I don’t want to replace a working heater.
MOTION BY Supervisor Boyar to approve the reduction of $500.00 for the installation of the heater and not install until needed seconded by Councilman Hallock discussion motion carried 3 ayes Councilman Bosch votes no.
Supervisor Boyar states the Town Board informally approved me to send letters on behalf of the Town Board to the EAP concerning natural gas and extraction and to the Delaware River Basin Commission and I have done both and they are on file. Supervisor Boyar states the question is what is next ? I have from two of the speaker a possible plan of ten items of action. From my point of view I am seeing three main areas of focus which would be legislative initiative I mean the town should start collecting and evaluating the efforts of towns and cities which are endeavoring to controlling industries by local laws or zoning.
By lobbying I mean taking a much more proactive role in getting our message of concern out to legislative leaders and agencies such as Delaware River Basin Commission, the UDC DEC and EPA. By planning I mean asking our Planning Board to initiate work on a Comprehensive Plan update with a focus on natural gas and energy issues.
The suggestion by our speakers at our last meeting was to pass a resolution supporting the extension of the New York State Moratorium until after the completion of EPA study.
I do not see how anyone can argue with that particular question we do not have a resolution but we do have a lot talent and people who are willing to work on this for the Boards consideration my thoughts are we should have some sign up list and see if anyone wants to work on any one or more of those committees lobbying planning or legislative items.
The second item was to submit comments to the EPA concerning the scope of the upcoming study and the impact of hydro fracking on water quality.
The third item was to write a letter to DRBC urging them not to fast track regulations for water withdrawal and that letter with Town Boards approval was done.
The fourth one is write a letter and send a representative to the Sullivan County Legislature on September 16, 2010 to request members of Governing Boards paid staff of the Partnership and IDA file conflict of interest documents. I have filed my own certification with the Town Clerk and the Upper Delaware Council stating I do not have a conflict on the question and I think if the Board is going to ask any other body to reveal their conflicts then we first do it.
The Fifth is to pass resolutions to NYS Senate and Assembly John Bonacic and Aileen Gunther urging passage of legislation of clarify Home Rule Rights to Town and that again we are going to need a legislative committee.
Sixth item is to contact Congressional Representatives and Senators Gillibrand and Schumer urging passage of the Frac Act to roll back industry exemptions from the Clean Air Act , the Clean Drinking Water Act, Superfund laws, the Resource Conservation and Recovery Act, and “ right to know” laws, effectively closing the “ Halliburton Loophole”.
Seventh respond to the request of the Town of Barker in BroomeCounty with a letter outlining our very different approach to the issue of natural gas drilling
Eighthsend a town representative to attend the Community Environmental Legal Defense Fund“DemocracySchool” over view session inBinghamton on September 8, which will deal with ways town can write effective ordinances to limit or even ban natural gas drilling.
Ninth explore a possible relationship with the Natural Resources Defense Council, which may enter into a multi- municipal partnership to address gas drilling issues.
Tenth establish a citizen’s committee or other advisory body to help the town boards with research.
MOTION BY Supervisor Boyar to sponsor the movie Gasland at the EldredCentralSchool second by Councilwoman Scully discussion Councilman Bosch states if we had both side it would be the right thing to do but if we only have one side I do not think it is the right thing to do. Supervisor Boyar states why don’t we start with this and put an open invitation to have equal time. Councilman Bosch states he would go for that, motion carried all ayes.
MOTION BY Councilman Boyar to schedule the Budget Workshop on October 5, 2010at 7:30 PM and October 7, 2010 at 7:00 PM seconded by Councilman Hallock discussion motion carried all ayes.
MOTION BY Councilman Bosch to approve the Town mow the area at the Cull-de-Sac in Barryville and to relocate the Gazebo, canal boat lighting etc to the Cull-de Sac seconded by Councilman Hallock discussion motion carried all ayes.
Supervisor Boyar states that on the record I have had a conversation with Dean Smith NYSDOT and he had no problem with the mowing.
MOTION BY Councilman Bosch toapprove MichaelDavidoff as attorney for the Town ofHighland to appeal the Appellate Division’s Decision dated August 23, 2010 to the Court of Appeals and to file the necessary Record on Appeal and Brief to perfect the appeal, to seek to overturn the Decision of the Supreme Court and the AppellateDivision. for its serviceshereunder, Drew Davidoff & Edwards Law Offices, LLP shall be compensated at the rate of $150. per hour an shall also be reimbursed for any costs ad disbursements incurred on behalf of the responded Town of Highland in connection with sad action. Any request for payment pursuant to this Resolution shall be set forth in a signed, itemized voucher to be submitted to the Town Board of the Town of Highland for its review, audit and approval. Seconded by Councilman Hallock discussion motion carried all ayes.