December

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December

  1. 1. December 11, 2008 Regular Town Board Meeting FINAL Present was Council-members Carlson, Frisbee, Potter, White and Supervisor Merrihew. Also present was Attorney for the town Siegel. Supervisor Merrihew called the meeting to order at 7:30PM followed by the pledge to the flag. Supervisor Merrihew opened the floor to comments on the agenda. No one wished to speak, floor closed. Resolution #204-08-Council-member Frisbee motioned, seconded by Council- member White to approve the minutes of the November 13, 2008 meeting as presented. Motion carried 5 ayes, Council-members Frisbee, White, Potter, Carlson and Supervisor Merrihew. Supervisor Merrihew read the Clerk’s report for the month of November 2008. Total Local Shares Remitted: $5,246.40 Total Non-Local Revenues 596.11 Total State, County & Local Revenues $5,842.51 Supervisor Merrihew read the Supervisor’s report for the month of November 2008. Monthly Statement of Supervisor TO THE TOWN BOARD OF THE TOWN OF DUANESBURG, NEW YORK: Pursuant to Section 119 of Town Law, I hereby render the following statement of all money received and disbursed by this office during the month of November 2008. REVENUES FUND AMOUNT GENERAL FUND $ 64,377.24 HIGHWAY FUND $ 5,050.70 FIRE PROTECTION $ - PARK & RECREATION $ 4.22 PARKLANDS $ 12.59 SHAFER PARK $ 0.04 SERVICE AWARD $ 2.56
  2. 2. SEWER DISTRICT #1 $ 9.98 SEWER DISTRICT #2 $ 202.74 TOTAL $ 69,660.07 DISBURSEMENTS GENERAL FUND $ 88,488.33 HIGHWAY FUND $ 37,959.42 FIRE PROTECTION $ - PARK & RECREATION $ - PARKLANDS $ - SHAFER PARK $ - SERVICE AWARD $ - SEWER DISTRICT #1 $ 10,072.80 SEWER DISTRICT #2 $ 3,793.65 TOTAL $ 140,314.20 Dated: December 11, 2008 Supervisor's Office Town of Duanesburg Resolution #205-08-Council-member Carlson motioned, seconded by Council- member Potter the payment of the following claims: Vouchers to be Paid 12/11/08 Paid Before Sewer District # 1 Vouchers #108 to #110 =$ 4,308.63 Sewer District # 2 Voucher #110 & #111 = $23.44 General Fund Vouchers # A446to # A452= $12,288.84 Total vouchers paid = $16,620.91 Monthly Vouchers
  3. 3. Sewer District #1 Vouchers #111 to #116 = $3,415.92 Sewer In-House #2008-IN-S01 = $48.50 Sewer District # 2 Vouchers #112 to #116 = $5,791.40 In-House Voucher #2008-IN-S01 = $48.50 General Fund Vouchers #A453 to #A476 & #A478 & #A479 = $ 32,650.24 General Fund In-House Vouchers # A31 to #A34 = $379.52 Highway Vouchers #M160 to #M166 & #M168 & # M169 & #M171 to #M175 = $67,911.45 Highway In-House Voucher # 2008-IN-M05 = $339.99 Total vouchers paid = $110,585.52 Motion carried 5 ayes, Council-members Carlson, Potter, Frisbee, White and Supervisor Merrihew. Committee reports: Council-member Potter reported on the highway. The sander is fixed and ready on the F -550 truck and is working good. The contract was signed for the Village. Received payment for work that was done in the Village. Jeff checked on the new bid truck that’s coming in, it should be on its way to Watertown to get the equipment put on it. The guys are still at the garage working tonight, trying to make sure that everybody’s roads are okay on their way home, before they quit for the night. Attorney for the Town Siegel; On the Tidball Road issue with Bob Frost and his bill. We made an offer to his attorney today. Without discussing the details because they had threatened litigation I initiated settlement discussions. Public Safety; Supervisor Merrihew; there hasn’t been much for this month, other than Central Dispatch. I went to the meeting at the county on Monday night. I would like to clarify, in the paper the article that was printed stated it was a 1% increase to our tax levy by putting central dispatch through, that is wrong it’s a ! 0% increase in our levy to add $20,000.00 for the first year cost of central dispatch. I am trying to get that corrected. Park: Council-member Frisbee reported: We interviewed several applicants for the summer program director. We ran an ad in the paper and we had seven
  4. 4. responses. They are all qualified. We had some good interviews. Peter is now checking references. Hopefully we can appoint the new director at our January meeting. The building at Shafer Park is finally completed. We had a problem with the circuit breaker panel. The electrician put in a 15amp and we really needed a 20amp. He put a 20 amp in, and we had a wire arcing in the grinder pump, which is now fixed. Supervisor Merrihew; It is interesting to note that Gary Courtright, our WWTP operator fixed the wire that was arcing. Council-member Frisbee; the building has been winterized and won’t be used until the spring. Zoning: Supervisor Merrihew read Dale Warner’s monthly report. Building Inspector Town Planner Dale R. Warner To: Rene Merrihew, Supervisor and Town Board Members From: Dale Warner & Jeff Senecal CODE ENFORCEMENT MONTHLY REPORT ENDING NOVEMBER 30, 2008 11 Construction Permits 1 New Construction 1 Renewal 1 Co-Location 5 Violations 15 Certificates of Occupancies 2 Sanitation Permits Planning Board: 5 Subdivision Applications 1 Commercial 3 Special Use Applications 2 Commercial 1 New Church Zoning Board of Appeals: 1 Variance Application Building Fees Collected: $ 7,080.00 Sewer Dist. #1 Sewer Dist. #2 Parkland Fees Total of All Permits $ 7,080.00
  5. 5. Inspection Miles for Ford F-250 202 Inspection Miles for Ford Explorer 568 770 lcl Village of Delanson report: December 3, 2008 To: Sally Burns, Mayor of Delanson From: Town of Duanesburg Building Dept., Dale Warner & Jeff Senecal VILLAGE OF DELANSON REPORT ENDING NOVEMBER 30, 2008 Village Meeting 2nd Monday of Each Month 11/17/08 75.28-2-12 Rice, David Final Inspection for metal roof replacement Total Miles 6 Jeff Senecal Inspection Hours 1 Lynn Lestage, Clerk 1 Total Hours 2 lcl Resolution #206-08-Council-member Frisbee motioned, seconded by Council- member White to transfer: From: 97306.03.600 DA Bond Anticipation $9,302.87 To: 51302.03.200 DA Machinery EQ $4,882.60 51304.03.400 DA Machinery EQ $4,420.27 For the purchase of sander for the new plow truck as authorized by the highway committee & for unplanned repairs to mower & grader and for additional maintenance for trucks & equipment Motion carried 5 ayes, Council-members Frisbee, White, Carlson, Potter and Supervisor Merrihew. Resolution #207-08-Council-member White motioned, seconded by Council- member Frisbee to transfer From: 14404.01.400 A Engineer CE $4,270.56 To: 14204.01.400 A Attorney CE $4,270.56 To cover for additional expenses incurred for the wind energy resolution and for Court cases and truck bids for the highway office
  6. 6. Motion carried 5 ayes, Council-members White, Frisbee, Carlson, Potter and Supervisor Merrihew. Resolution #208-08- Council-member Potter motioned, seconded by Council- member Carlson to transfer From: 19904.01.400 A Contingency Account $11,233.43 To: 71102.01.200 A Parks Equipment $10,845.75 71104.01.400 A Parks CE $ 387.68 For engineering expenses that exceed the expected amount for the Shafer Park bathhouse project – project has reached substantial completion residual invoices still trickling in. CE is over due to initial start up supplies for the new pavilion. Motion carried 5 ayes, Council-members Potter, Carlson, White, Frisbee and Supervisor Merrihew. Supervisor Merrihew; this is the first time we have used funds from the contingency account, that shows you just how much the costs have increased and how far down revenues are. Resolution #209-08-Council-member Carlson motioned, seconded by Council- member Frisbee to transfer From: 16704.01.400 A Central Print/Mail $298.75 To: 16804.01.400 A Data Processing CE $298.75 For repairs & service to building department computers Motion carried 5 ayes, Council-members Carlson, Frisbee, Potter, White and Supervisor Merrihew. Resolution #210-08-Council-member Frisbee motioned, seconded by Council- member Carlson to transfer From: 16204.01.400A Buildings CE $2,840.00 To: 16201.01.100 A Buildings PS $2,840.00 To adjust budget for the hours for Bob Smullen for grounds maintenance. Motion carried 5 ayes, Council-members Frisbee, Carlson, Potter, White and Supervisor Merrihew. Resolution #211-08-Council-member White motioned, seconded by Council- member Frisbee to transfer From: 19904.01.400 A Contingency $7.030.64 To: 90608.01.800 A Medical Insurance $7,030.64 To adjust to health costs higher than anticipated, official rates came in after The budget had been completed. Motion carried 5 ayes, Council-members White, Frisbee, Carlson, Potter and Supervisor Merrihew. Resolution #212-08- Council-member White motioned, sectioned by Council- member Potter; 1RESOLUTION DETERMINING ENVIRONMENTAL
  7. 7. NON-SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW LAW (SEQR) OF THE PROPOSED DEDICATION OF DEVELAN ROAD EXTENSION TO THE TOWN OF DUANESBURG The Town Board of the Town of Duanesburg, does hereby resolve as follows: Pursuant to and in accordance with the provisions of Section 617.6 (Initial Review of Actions and Establishing Lead Agency) of the New York State Environmental Quality Review Regulations (6 NYCRR Part 617), the Town Board of the Town of Duanesburg makes the following determinations and classifications with respect to the proposed dedication of Delevan Road Extension to the Town of Duanesburg (hereinafter referred to as the “Action”): 1. The Town Board hereby determines that the Action is subject to SEQR. 2. The Town Board hereby determines that the Action does not involve a federal agency, and does not involve other agencies. 3. Town Board hereby makes a preliminary classification of the Action as an Unlisted Action. 4 The Town Board hereby finds and determines that it is, and will be, the lead agency with respect to the Action. 5. The Town Board hereby finds and determines that (a) it has considered the Action, reviewed the Short Environmental Assessment Form, reviewed the criteria set forth in 6 NYCRR 617.7(c), thoroughly analyzed relevant areas of potential concern, and has duly considered all of the potential environmental impacts and their magnitude in connection with the proposed Action; (b) the dedication of Delevan Road Extension to the Town of Duanesburg will not result in any large and important environmental impacts, and therefore, is one which will not have a significant impact on the environment; and (c) the reasons supporting this determination are set forth in the attached Notice of Determination of Non-Significance with respect to this project, a copy of which is on file in the Office of the Town Clerk of the Town of Duanesburg. 6. The Town Board, as lead agency, hereby: (a) adopts a negative declaration pursuant to 6 NYCRR 617.7; (b) authorizes the Supervisor of the Town of Duanesburg to sign a negative declaration determination of non-significance; and (c) authorizes the Town Clerk of the Town of Duanesburg to file the negative declaration determination of non- significance in the Town Clerk’s Office.
  8. 8. 7. This resolution shall take effect immediately. Town Board of the Town of Duanesburg, Schenectady County, New York By: _________________________ Town Clerk Motion carried 5 ayes Council-members White, Potter, Carlson, Frisbee and Supervisor Merrihew. Resolution #213-08- Council-member Frisbee motioned, seconded by Council- member White; 1RESOLUTION FOR TOWN BOARD CONSENT TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF DUANESBURG TO MAKE AN ORDER LAYING OUT THE LANDS OF DELEVAN ROAD EXTENSION AS A TOWN HIGHWAY WHEREAS, Kevin A. Chesnut and Jan Chesnut residing at 6792 Western Turnpike, Delanson, New York 12053(the “Developer”) developed the Delevan Road Subdivision, (the “Project”) in the Town of Duanesburg; and WHEREAS, as part of the Project, the Developer constructed a road known as Delevan Road Extension; and WHEREAS, the Developer desires to dedicate Delevan Road Extension to the Town of Duanesburg; and WHEREAS, on August 25, 2008, John M. McDonald Engineering P.C., in its capacity as Town designated Engineer, acknowledged in writing that it has made periodic inspections of the construction of Delevan Road Extension, which inspections have been documented through written reports submitted to the Duanesburg Town Clerk, and further certified in writing that Delevan Road Extension has been completed in general compliance with the Town of Duanesburg Street and Road Ordinance; and WHEREAS, the Developer has submitted a Short Environmental Assessment Form, and the Town Board of the Town of Duanesburg, as lead agency, has made a determination of non-significance pursuant to the State Environmental Quality Review Law; and
  9. 9. WHEREAS, the Developer has submitted for review proposed forms of: a Road Dedication and Release; an Order Laying out the Public Road; a Town Board Consent; a Deed and related recorded documents; a survey certified to the Town of Duanesburg; and a commitment for title insurance naming the Town of Duanesburg as insured; and WHEREAS, the Town of Duanesburg Highway Superintendent has inspected the road and has indicated his approval of the same; and WHEREAS, the Developer has agreed to indemnify the Town of Duanesburg for the cost of completion of, and for all required repairs to Delevan Road Extension made by the Town of Duanesburg on or before December 11, 2011, and has agreed to provide to the Town of Duanesburg an escrow of $10,000.00 for a period of three (3) years to guaranty said indemnification obligations, all as set forth in an indemnification agreement and an escrow agreement of even date herewith; and WHEREAS, the attorney for the Town of Duanesburg, has approved the form of the proposed documents; and WHEREAS, the Town Board of the Town of Duanesburg believes it is in the best interests of the Town of Duanesburg to accept dedication of Delevan Road Extension as a Town road; and WHEREAS, the Developer has acknowledged responsibility to pay all fees and expenses incurred by the Town in connection with the road dedication, including but not limited to attorneys’ fees, title insurance premiums, and County Clerk recording fees; NOW, THEREFORE, it is resolved, that on this 11th day of December, 2008, that the Town Board of the Town of Duanesburg hereby gives consent to the Town Superintendent of Highways of the Town of Duanesburg to make an order laying out the lands described in the dedication and release dated the 11th day of December, 2008, for highway purposes, in accordance with the provisions of the Highway Law and other statutes applicable thereto; and IT IS FURTHER RESOLVED, that the Town Supervisor of the Town of Duanesburg is hereby authorized to execute the Town Board consent, and any and all other documents necessary or required in connection with the acceptance of Develan Road Extension for dedication as a Town road. Town Board of the Town of Duanesburg, Schenectady County, New York By:________________________
  10. 10. Town Clerk Motion carried 5 ayes, Council-members Frisbee, White, Potter, Carlson and Supervisor Merrihew. Resolution # 214-08-Council-member Carlson motioned, seconded by Council- member Frisbee to schedule the end of the year meeting for December 30th at 7PM. Motioned carried 5 ayes, Council-members Carlson, Frisbee, White, Potter and Supervisor Merrihew. Resolution #215-08-Council-member Potter motioned, seconded by Council- member White to schedule the Organizational Meeting for January 1, 2009 @ 6:30 PM. Motion carried 5 ayes, Council-members Potter, White, Frisbee, Carlson and Supervisor Merrihew. Resolution #216-08-Council-member Potter motioned, seconded by Council- member White a motion authorizing the Supervisor to sign a letter designating the Duanesburg Planning Board as Lead Agency for Ventura Duanesburg, LLC. Motion carried 5 ayes, Council-members Potter, White, Carlson, Frisbee and Supervisor Merrihew. Resolution #217-08-Council-member Carlson motioned, seconded by Council- member Frisbee a motion authorizing the Supervisor to write a letter to the Planning Board offering the Town Boards comments for the coordinated review of Ventura Duanesburg, LLC. Motion carried 5 ayes, Carlson, Frisbee, White, Potter and Supervisor Merrihew. Resolution #218-08- Council-member White motioned, seconded by Council- member Frisbee a motion authorizing the Supervisor to sign escrow agreement with Ventura Duanesburg, LLC. Motion carried 5 ayes, Council-members White, Frisbee, Potter, Carlson and Supervisor Merrihew. Resolution #219-08-Council-member Frisbee motioned, seconded by Council- member White a motion authorizing the Supervisor to sign the Animal Protective Foundation contract for 2009 and 2010. Motion carried 5 ayes, Council- members Frisbee, White, Potter, Carlson and Supervisor Merrihew. Announcements: Supervisor Merrihew: I wrote a letter to Kathleen Rooney County Manager asking her to please explain what is going on with the exorbitant costs associated with the election expense. When the towns took care of the election expense, 2005 was the last year we did it, it, cost us $7,416.89. Since the county has taken over operations 2006 it went from $7400. to $23,300 2007 $34,852, 2008 $61,500. I wrote the letter November 20th and I have not heard back yet.
  11. 11. Dale received tile estimates for the front entry. Tom’s tailored floors his estimate was $1,089 and that included the tile. It was for everything Altamont Tile would have done but it included the tile. That was $1200 and no material. We would like to have done as soon as possible. Supervisor Merrihew wished everyone a Happy Holiday Season and Healthy 2009. No other business, floor opened at 8:25PM. Steve Perog- Lea Drive- Looks forward to working with everyone next year. Asked if possible to get the grader transmission fixed out of this years budget rather than next years budget. It is a rather large expense and we could run into problems with that account. Council-member Potter: I believe Jeff is just starting working on it. And Steve should speak to him. Walt Deay Duanesburg Road – Wished everyone happy holidays. No other business, Council-member Carlson motioned to adjourn at 8:30P.M., seconded by Council-member Frisbee. I, Leah M. Lennon, Town Clerk of the Town of Duanesburg, do hereby certify that this is a true and accurate transcript of the town board meeting held at the Duanesburg Town Hall 5853 Western Turnpike on Thursday December 11, 2008.

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