The regular meeting of the Walton Village Board was held on Monday, December4, 2006, at 6:00 p.m. in the Village Clerk’s Office, 21 North Street, Walton.
Present: Edward H. Snow, Sr., Mayor
Attorney – Francis W. Wood was absent
Trustees: Rich Morley
Lillian J. Browne
Michael Freeman
Teresa O’Leary
Clerk- Virginia L. O’Dell
Reporters: Patty Lallot – Walton Reporter
T.J.E. Productions – Channel 23
Mayor Edward H. Snow, Sr. called the meeting to order at 6:00p.m. and led the Board in the Pledge of Allegiance.
CONSENT AGENDA:
MINUTES: The minutes of the November6, 2006 Village Board meeting weresubmitted to the Board.
The minutes of the November15, 2006 special Village Boardmeeting were submitted to the
Board.
ABSTRACTS:The audit committee reviewed the abstracts and recommended approvalas follows:
The General Fund Abstract in the sum of $572,216.24 was presented to the Board.
The Water Fund Abstract in the sum of $69,456.49 was presented to the Board.
The Wastewater Fund Abstract in the sum of $120,868.35 was presented to the Board.
The Prescription Plan Fund Abstract in the sum of $1,009.39 was presented to the Board.
After review, Michael Freeman made a motion to approve the consent agenda items as
submitted. Rich Morley seconded. Carried unanimously.
DEPARTMENT HEADS:
VILLAGE David Ohman of Delaware Engineering submitted a written outline of issues to be
ENGINEERdiscussed by the Board.
WWTPDave Ohman reported that the wastewater treatment plant was in compliance in October Operations 2006for all SPDES permit limits. Mr. Ohman reported that increased flowis evidence
that flood has impacted the sanitary system. Mr. Ohman reported that the plant is
functioning well.
CURRY WELLMr. Ohman reported that two monitoring wells were damaged during the June flood and
REMEDIATIONGES is requesting that they be abandoned. Mr. Ohmanreported that he has contactedthem to discuss the possible sampling of monitoring well #MW-10 that is closer to Curry Well #4.
I/I Reduction Mr. Ohman reported that he has contacted NYSDEC to see if this will be a 2007 project.
PROJECTMr. Ohman reported that the June 2006 flood has affected thesanitary system and we
need to do somefield work to inspect manholes and retain some contractors to comein
and do linecleaning and televising to identify newproblem areas.
EAST BROOKMr. Ohman reported that T. W. Skinner Excavating has completed the work and has filed STREAMBANK a Change Order #1 in the sum of $10,560.44 for additional work that was necessary once RESTORATION the project was begun. After discussion and review, Lillian Browne made a motion to
approve Change Order #1 in the sum of $10,560.44 for the East Brook Streambank
project as submitted. Michael Freeman seconded. Carried unanimously. Mr. Ohman
reported that the paperwork for substantial completion has been completed and is ready
for the Mayor to execute. After discussion and review, Lillian Browne made a motion to
allow Mayor Snow to execute the project closeout paperwork including the Certificate of
Substantial Completeion. Michael Freeman seconded. Carried unanimously. Mr. Ohman
Recommended that the Board authorize final payment to T. W. Skinner Excavating in his
Payment Request #2 in the sum of $52,521.68. After review and discussion, Lillian
Browne made a motion tomake final payment to T.W. Skinner Excavating in the sum of
$52,521.68 as recommended by Delaware Engineering. Michael Freeman seconded.
Carriedunanimously.
WEST BROOKMr. Ohman reported that T.W. Skinner Excavating has completed work on the Upper
STREAMBANKTownsend Street Area and recommends that the Village provide final payment to T. W.
TEMPORARYSkinner Excavating in his Payment Request #1 in the amount of $2,290.00 for the
RESTORATION successful completion of this project. Afterreview and discussion, Rich Morley made a
motion to make payment to T.W. Skinner Excavating inthe sum of $2,290.00 for the
West Brook Streambank Temporary Resoration project work in the Upper Townsend
Street area asrecommended by Delaware Engineering. Michael Freeman seconded.
Carriedunanimously. Cobleskill Stone Company will bill the Village directly for the two
loads of rock delivered to this site.
THIRD BROOKDave Ohman recommended that in order to keep the necessary repair work moving RESTORATION forward in the Third Brook area that the Board authorize the Mayor to sign engineering
ENGINEERING Services Contract Amendment 2006-3 with Delaware Engineering for services associated
SERVICESwith the November 2006 flood. After discussion and review, Rich Morley made a motion
CONTRACTto authorize Mayor Snow to sign the engineering services Contract Amendment 2006-3
AMENDMENTwith Delaware Engineering for services associated with the November 2006 flood.
Teresa O’Leary seconded. Carried unanimously.
THIRD BROOKMr. Ohman recommended that the Village Board authorize the Mayor to issue a Notice to
REPAIRSProceed to Robinson Brothers Excavating to perform work associated with the Third
Brook repairs in accordance with the NYSDEC permit and CWC requirements in the
areas by Klinger’s and T.A.’s. This work would be performed in accordance with the
Delaware County DPW 2006 Bid Book rates for equipment rental plus operators. After
discussion and review, Michael Freeman made a motion to authorize the Mayor to issue a
Notice to Proceed to Robinson Brothers Excavating to perform work associated with the
Third Brook repairs from the November 2006 flood as recommended by Delaware
Engineering. Rich Morley seconded. Carried unanimously. Mayor Snow reported that
the Catskill Watershed Commission has granted the Village $150,000 to work on this
project.
EAST BROOKMr. Ohman reported that upstream of the Benton Avenue bridge at the corner of the
REPAIRSschool property a 30 foot section of rock retaining wall was damaged and should be
repaired now to prevent collapse. Mr. Ohman recommended that the Village authorize
the Mayor to issue a Notice to Proceed to a yet to be selected contractor to perform the
work not covered by the school utilizing the Delaware County DPW 2006 Bid Book rates
for equipment rental plus operators. After discussion and review, Lillian Browne made a
motion to authorize Mayor Snow to issue a Notice to Proceed to perform the work
upstream from the Benton Avenue bridge to prevent collapse of the rock retaining wall as
recommended by Delaware Engineering. Rich Morley seconded. Carried unanimously.
WEST BROOKMr. Ohman reported that the November 2006 flood caused several large trees to deposit
CURRY WELLnext to and downstream of Curry Well No. 3 which change the course of the stream and
result in deposit of gravel and flood debris on the area which was restored after the June
2006 flood. Mr. Ohman recommends that the trees be removed immediately utilizing the
Delaware County DPW 2006 Bid Book rates for equipment rental plus operators. After
discussion and review, Michael Freeman made a motion toauthorize Mayor Snow to
issuea Notice to Proceed to a yet to be selected contractor to perform tree and debris
removal work in the Curry Well area utilizing the Delaware County DPW 2006 Bid Book
rates as recommended by Delaware Engineering. Lillian Browne seconded. Carried
unanimously.
CONTRACTORMr. Ohman recommended that the Village authorize the expenditure of funds for COVERAGE AT emergency contractor services to be stationed at bridges within the Village for the BRIDGES purposes of removing flood debris during an event utilizing the Delaware County DPW
Bid Book rates for equipment plus operators, and payment to other necessary contractor
personnel not operating equipment in accordance with NYS Prevailing Wage schedules.
After discussion and review, Lillian Browne made a motion to authorize the expenditure
of Village funds for emergency contractor services to be stationed at bridges within the
Village for the purposes of removing flood debris during an event as recommended by
Delaware Engineering as proposed. Rich Morley seconded. Carried unanimously.
JUNE 2006Mr. Ohman reported that he continues to work with the Village on all aspects of flood
FLOODwork. Mr. Ohman reported that Delaware County Watershed Affairs in concert with the
Village and possibly the Town, will be seeking proposals for specialized consultants to
perform a needs study which will define the scope of the watershed study. This initial
work will define the needs for the RFP which will then be formulated and sent out for
proposals for the watershed study. CWC funding is being sought for the needs study and
the watershed study. DelawareCounty is taking the lead on this process. Mr. Ohman
reported that the priorities at this time include addressing some wall failures on East
Brook and West Brook. Mr. Ohman reported that continued maintenance to keep the
Route 10 culvert on Third Brook and the immediate area clear until a long term plan can
be developed; move forward with coming up with a plan to address immediate, interim
and long term needs with Delaware County Watershed Affairs, Planning and Soil &
Water. Mr. Ohman reported that the Village has quotes to repair water main breaks on
West Brook at East Street and Mead Street for directional boring but are seeking one
additional quote before making recommendation to the Board. Mr. Ohman reported that
the development of plans on how to fix the main from Park Street to the East Street
bridge and stabilize the embankment are still pending.
CODE Gary MacRabie, Sr., Code Enforcement Official, was present and submitted his written
ENFORCEMENT monthly report for November 2006.
PERMITSThe following sign and building permits were issued by Code Enforcement Official Gary
ISSUEDMacRabie, Sr. during the month of November, 2006:
LJF Management Group – West St. – Model Condominium Home
CONDEMNEDMayor Snow asked about condemned buildings on Delaware Street. Mr. MacRabie BUILDINGS reported that Mr. Prottas is awaiting grant funding for his properties; Lyon Bros. – Way,
DELAWAREInc. is in dispute with their insurance company; Mr. Meggali has been issued a demolition
STREETpermit; 141 Delaware Street is involved in a legal tie-up. When the legal end is taken
care of, we would go to court for condemnation process, Mr. MacRabie explained.
POLICE CHIEFPolice Chief Melvin Woodin submitted a written monthly report for November 2006.
TRAININGChief Woodin requested permission to send 3 officers for Data Master retraining as
follows: Sergeant Halaquist – 12/4/06 to Delaware County Sheriff’s Department;
Officers Laauser and Clark – 12/18/06 to OtsegoCountyLawEnforcementAcademy.
After discussion and review, Lillian Browne made a motion to send the three officers
for Data Master retraining as requested by Chief Woodin. Rich Morley seconded.
Carried unanimously.
MODULARChief Woodin reported that the Village has received a copy of a floor plan for a modular
POLICEpolice station from Williams-Scotsman, but we are waiting for a cost estimate.
STATION
Public Works Joseph Cetta, DPW Superintendent submitted his written monthly report for November
2006.
CURRYWELLJoe Cetta reported that he and Dave Ohman on working on developing plans to
HOUSEreconstruct the well house at Curry Well, which has been recommended by the NYS
RECONSTRUCT Department of Health.
CHANGEJoe Cetta reported that some additional work was needed as part of the fire escape project
ORDERand submitted a request for a change order #1 in the sum of $2535.00 to replace brick
FIREwork removed by village workers. After discussion and review, Rich Morley made a
ESCAPESto approve change order #1 in the sum of $2535.00 as submitted. Michael Freeman
seconded. Carried unanimously.
TRUSTEES REPORTS:
BEAUTIFICATION Teresa O’Leary reported that the committee has put the trees in the barrels on
COMMITTEE Delaware Street. Ms. O’Leary reported that 15 miniature live trees and 12 prelit
artificial trees have been purchased and will be able to be used in future years. Ms.
O’Leary thanked members of the committee and also the vendors who supplied the trees
at a discount.
VILLAGE Rich Morley reported that a listing of all Village owned properties has been compiled and
OWNEDwants to look at these parcels for the possibility of selling some to generate some added PROPERTY revenue for the Village.
PARKS ANDLillian Browne reported that the fence has been installed around the ice skating rink and RECREATION reported that it is ready to flood with water. Ms. Browne reported that the sledding hill
COMMITTEEat Austin-Lincoln will be ready when the snow falls.
MAYOR’S
REPORT
FEMAMayor Snow reported that the Village has incurred expenses of $2,598,454.17 to date AND SEMO due to the June 27, 2006 flood. Mayor Snow reported that we have been reimbursed
$1,217,648.21 and are awaiting insurance claims. Mayor Snow reported that we have
turned in claims to FEMA and SEMO in theamount of $432,977.51 which we are
awaiting reimbursement for.
THANKMayor Snow read a Thank You note from the Walton Senior Citizens for the
YOUThanksgiving Dinner provided by the Village.
THANK YOUMayor Snow thanked the Walton Girl Scouts for cleaning up the flower barrels on
GIRL SCOUTSDelaware Street so the Beautification Committee could plant theHoliday trees.
TIMEMayor Snow reported that we have been in contact with Time Warner Cable TV WARNER regarding the status of their office. Mayor Snow reported that David Whalen has advised
OFFICEus that the office should be reopened by December 15, 2006.
NATIONALMayor Snow reported that the Village was given an award by the National Guard for GUARD outstanding support during the flood of June 2006.
AISLE LIGHTSMayor Snow reported that the new theatre seats can have aisle lighting installed. The
FOR THEATREcost of providing this lighting is $1,774.20 for materials. Teresa O’Leary said she is in
favor of providing this lighting. After discussion and review, Rich Morley made a
motion to purchase the materials for theatre aisle lighting in the sum of $1,774.20. Teresa
O’Leary seconded. Carried unanimously.
STENCILINGA contract between the Village of Walton Theatre Restoration Committee and
CONTRACTto restore the stenciling to the walls of the Walton Theatre for a sum of $30,000 was
submitted to the Board. After discussion and review, Lillian Browne made a motion
to approve the contract between the Village of Walton Theatre Restoration Committee
and Dynamic Restoration to restore the stenciling to the walls of the Walton Theatre for
a sum not to exceed $30,000.00. Michael Freeman seconded. Carried unanimously.
This contract will be funded from the Restoration Committee’s funds.
PUBLICMayor Snow laid down the ground rules for public input and then opened the floor to
INPUTthe public. Mayor Snow asked people to identify themselves and state their address.
TOWNSENDSam Swart, 109 Townsend Street reported to the Board that during the November 2006
STREETflood, they were surrounded by four inches of water. Mr. Swart expressed his concern
RESIDENTSabout what would happen this winter with the snow. Dave Ohman said the water came
through the porous wall. Discussion of how to repair the wall and the different options that could be undertaken to effect the repairs followed. Paul Gualteri of 108 Townsend
Street felt that the Village should install pilings to stop the erosion. Discussion of who
would fund this work and access across the lawns of these properties ensued. Mr. Ohman said timing, permitting and cost are three major factors to consider.
MEAD Dick and Peg Bartz of 67 Mead Street were present and reported that they had water ten
STREET feet from their patio. Mrs. Bartz said the brook has been dug out and gravel and stone
RESIDENTSpiled on Keath Davis’s property on the other side of the brook. Mrs. Bartz advised that
the stream has been diverted from Sheffield Pond. Mrs. Bartz said the ditch has filled up
and gravel put in there. Mrs. Bartz feels something should be done. Joe Cetta said some
areas were allowed by the DEC to clean out. Mayor Snow said we will take a look at this
area and try to determine why this is happening. Keath Davis reported that when he
purchased the property opposite the Bartz’s he was concerned with two things:
commercial zoning and permit to fill in the land. Mr. Davis said the DEC gave approval
for the fill. Mr. Davis said a study was performed on the effect of the water on the other
property. David Keen said the water is coming up to his property at 59 Mead Street.
Keath Davis said we should find out who owns the rivers and tributaries and either make
them responsible for the damage or turn the control of the waters over to the communities
they affect.
KENKen Seiferth was present to address the Board about stream containment and flood
SEIFERTHdamage to property on West Street. Mr. Seiferth wanted to know what the Village
WEST STREETproposed as a solution to the flooding problem. Rich Morley stated a study by the
PROPERTYCatskill Watershed Corporation and the DelawareCountySoil and Water Conservation
will address this situation. Mayor Snow reported that Dave Ohman of Delaware
Engineering covered this in his report. Mr. Seiferth wants the Village to take a long term