THE GOODYEAR LAKE AREA IN THE TOWN OF MILFORD
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THE TOWN OF MILFORD, NY...OUR TOWN
This space will inform you concerning issues that The Goodyear Lake Association feels are newsworthy and of interest to our members: this will include, but not be limited to, copies of Town documents, names & contact points for Town officials, and areas of concern that we as a group might bring before the Town to create a better, safer, and more ecologically sound life for us all.
MILFORD TOWN BOARD
JANUARY 21, 2010 – MINUTES
Draft
OPEN MEETING: Supervisor Thomas Gale called the regular monthly meeting of the Milford Town Board to order at 7:10 pm at the Town Hall in Portlandville.
ROLL CALL: Present were Supervisor Thomas Gale, Councilmen John Gill, Olin Waters and Harold Couse; Highway Superintendent Richard Atwell, Town Clerk Kenneth Sosnowski and concerned townspersons. Councilman Karl Vogel was absent.
MOTIONS:
A motion to accept the Monthly Financial Statement of the Town Supervisor for December 2009 was made by Councilman Couse, seconded by Councilman Waters. Vote: All Ayes.
A motion to accept the Town of Milford Board Meeting Minutes of December 17, 2009, was made by Councilman Couse, seconded by Councilman Waters. Vote: All Ayes.
A motion to accept the Town of Milford Board Meeting Minutes of December 29, 2009, was made by Councilman Gill, seconded by Councilman Waters. Vote: All Ayes.
A motion to accept the Town of Milford Organizational Meeting Minutes of January 7, 2010, was made by Councilman Couse, seconded by Councilman Gill. Vote: All Ayes.
The Town Supervisor advised the board that Councilman Couse had an 8:30pm function to attend. He would be leaving early and the town business would be attended to before the Open Floor part of the meeting.
Presentation: A plaque was presented to Donald Harvey in recognition of 36 years of dedicated service as the Town of Milford tax Collector.
HIGHWAY SUPERINTENDENT’S REPORT: Superintendent Atwell reported on the following:
q INVENTORY – The completed inventory for the town highway department was turned over to the Town Clerk for filing.
q NEW 2009 TRUCK – has transmission problems and was currently at Ben Funks undergoing warranty repair. He reported it should be back by tomorrow.
q STATE BIDS FOR NEW TRUCKS– under state bid, the state has Ford F-450’s on the lot which are gas driven. He reported that there are no F-550s and a diesel is needed. The Highway Superintendent advised that the town may have to go out with bids for the F-550 or comparable truck purchase. Whether under state contract or bid, the price for the vehicle only covers the cab and chassis; equipping the vehicle would be in addition to the price. He advised that a diesel would run about $7,000 more. He also advised that he had been in contact with Wayne’s Welding, Yorkville, for the pricing of an equipment box. The Highway Superintendent reported the state had 7- F-350s, one ton pickups, loaded, 5.4 liter gas for $20,317.50. The Town Supervisor asked that the costs of what was needed be firmed up by February so that it could be presented at the March meeting. He also wanted to know what the town could expect to get for the sale of the old pickup.
TOWN SUPERVISOR’S COMMUNICATIONS: Supervisor Gale reported on the following:
q Barlow Road – the town has received a letter signed by Sally, Patricia and Ella Barlow concerning salt placed on Barlow Road. The letter stated that there was an agreement signed by the Town Supervisor not to salt the road. The Highway Superintendent advised that he did not salt the Barlow Road and Councilman Couse advised that he saw no signs of salt on Barlow Road. The Highway Superintendent is to contact the town attorney and advise him about the letter and what he told the board concerning not salting the road. The letter, dated January 20, 2010, and the attached ‘Settlement Agreement’ will be placed in the Barlow Road file at the Town Clerk’s Office. Any photographs of Barlow Road, given to the Town Supervisor will be placed in the Barlow Road file at the Town Clerk’s Office after being reviewed.
q Audits – audits of the Town Clerk, Town Justice Rumenapp and the Zoning Officer were conducted by the Town Board and Town Supervisor. The audits were completed and signed.
q MOSA – The new tipping fee schedule will be posted.
q Liability Insurance Certificate – a copy the ACCORD for the Time Warner Franchise will be placed on file by the Town Clerk.
q Time Warner – a letter describing the scheduling of current programming has been received and will be posted.
q Office Supplies Contract – Otsego County has entered into an office supplies contract with Hummel’s Office Plus. Hummel’s Office Plus has agreed to extend the contract to political subdivisions. The letter from Otsego County by Purchasing Agent Debbie Mitchell, dated December 16, 2009, and the letter from Hummel’s Office Plus, dated November 30, 2009, will be placed in the Vendor file at the Town Clerk’s Office.
Town Clerk’s Petty Cash Report – The Town Clerk reported there was $100 in the petty cash fund.
Building Committee: No report
Highway Committee: The committee agreed on the direction the Highway Superintendent was taking toward the purchase of new trucks. Councilman Couse advised that inputs for the Five Year Plan were in place and the updated plan would be presented next month.
New Business:
Motion: A motion was made by Councilman Couse, seconded by Councilman Gill to designate Town Supervisor Thomas R. Gale to attend the Annual Business Session of the Association of Towns in New York City, February 17, 2010, and to cast one vote for the Town of Milford. Vote: All Ayes.
Resolution 01-10 - Whereas to Town Supervisor, Deputy Town Supervisor and Zoning Officer will be attending training in NYC February 14 thru 17, 2010, it is resolved that the Town of Milford pay the expenses and cash advances of the Town Supervisor, Deputy Town Supervisor and Zoning Officer according to General Municipal Law Article 77. The resolution was made by Town Supervisor Thomas Gale, seconded by Councilman Gill.
Roll call vote:
Town Supervisor Yes
Councilman Gill Yes
Councilman Waters Yes
Councilman Couse Yes
Councilman Vogel Absent
Resolution 02-10 – Whereas Jose A. Martinez is the Tax Collector for the Town of Milford, it is resolved that Tax Collector Martinez have $100.00 in petty cash. The resolution was made by Councilman Couse, seconded by Councilman Gill.
Roll call vote:
Town Supervisor Yes
Councilman Gill Yes
Councilman Waters Yes
Councilman Couse Yes
Councilman Vogel Absent
Motion: A motion was made by Councilman Gill, seconded by Councilman Couse to appoint Bruce Shultis to the Emergency Shelter Committee. Vote: All Ayes.
Committees: The following appointments are made to the following committees:
Highway Committee – Councilman Couse and Councilman Waters
Building Committee – Councilman Vogel and Councilman Gill
Summer Recreation Committee – Councilman Waters and the Deputy Town Supervisor
Emergency Shelter Committee– Town Clerk, Councilman Gill, Deputy Town Supervisor and
Bruce Shultis
Mitigation Committee – Zoning Officer, Councilman Gill, Town Supervisor, Councilman
Couse, Town Highway Superintendent
Motion: A motion was made by Councilman Couse and seconded by Councilman Waters to add ‘clean window sills’ to the Custodian’s Job Specifications. Vote: All Ayes.
OPEN FLOOR:
- Francine Stayter questioned the January 4, 2010 Planning Board minutes which specified that the Town Supervisor would be meeting with the Planning Board in February in executive session concerning the Short Term Transient Rental Law. The Town Supervisor responded that he would meet with the Planning Board, recommend that the minutes be corrected concerning executive session, explain the use of executive session and would discuss a revamping of the old proposed Local Laws 1&2 2009 concerning STTRs. He advised the discussion would be an open discussion.
- The Town Supervisor advised that under General Municipal Law Article 63 explained the basis of the town board meeting.
- Milford government student Caitlin Griffiths attended the meeting. She advised she had nothing to add. The Town Supervisor directed that Milford Central School, government class, be provided with copies of the minutes when the board meeting is attended by a student.
MOTION TO PAY BILLS: A motion to authorize payment of the following bills was made by Councilman Gill, seconded by Councilman Couse. Vote: all Ayes.
General Fund -- vouchers 1 to 39 for $45688.81
Highway Fund -- vouchers 1 to 11 for $13115.88
Lighting Fund -- voucher 1 for $136.00
ADJOURNMENT: A motion to adjourn was made by Councilman Couse, seconded by Councilman Waters. Vote: All Ayes. 8:00pm.
Respectfully submitted,
________________________________
Kenneth C. Sosnowski, Town Clerk
MILFORD TOWN BOARD
DECEMBER 17, 2009 – MINUTES
Draft
OPEN MEETING: Supervisor Thomas Gale called the regular monthly meeting of the Milford Town Board to order at 7:10 pm at the Town Hall in Portlandville.
ROLL CALL: Present were Supervisor Thomas Gale, Councilmen John Gill, Karl Vogel and Harold Couse; Highway Superintendent Richard Atwell, Town Clerk Kenneth Sosnowski and concerned townspersons. Councilman Olin Waters was absent.
MOTIONS:
A motion to accept the Monthly Financial Statement of the Town Supervisor for November 2009 was made by Councilman Vogel, seconded by Councilman Couse. Vote: All Ayes.
A motion to accept the Town of Milford Board Meeting Minutes of November 19, 2009, was made by Councilman Couse, seconded by Councilman Vogel with the following amendments: under salaries for the town justices remove that the town board has no input in the budget, under Open Floor insert the word probably after Marcia Membrino and under New Business put under the Moyer denial health and safety issue. Vote with amendments: All Ayes.
OPEN FLOOR:
- Vince Stayter asked if the Town of Milford had taken a position regarding the NYSDEC Supplemental Generic Environmental Impact Statement. The Town Supervisor advised that the town had not. He asked if the town had a copy of the SGEIS and was advised that the town did. He asked the Town Supervisor what he meant at the last board meeting when he stated the meeting was a supervisors meeting as opposed to a board meeting. The Town Supervisor advised that questions were to be directed to the supervisor and not to the board members. Mr. Stayter then quoted a town law guide for 2009 and stated the supervisor had no right to speak for the board members. The Town Supervisor agreed and advised that anyone could call the individual members of the board regarding issues at anytime but that the board was not there to answer questions from the floor. Mr. Stayter was of the opinion that free speech was being curtailed. The Town Supervisor disagreed stating that this was a board meeting run by the supervisor; a meeting for the public to gain insight into the issues presented at the board meetings and not a meeting where the public was going to request a vote of the board from the floor on certain issues. The Town Supervisor advised that the public could call individual board members with questions and discuss issues at anytime.
- Chairman of the Planning Board, Bruce Milavec asked what the future of prior proposed Local Laws 1 & 2 concerning STTR was. He was advised there were no plans to look at it at the time and that it needed to be revamped before any discussion.
- Art Henry wished all a Merry Christmas and Happy New Year. He thanked the County Rep Steve Fournier for his efforts in getting the boat patrol re-instated. He also wanted to know if Otsego County was moving to get out of MOSA. Mr. Fournier advised there is discussion concerning that, that penalty payments would be made up by extensions from the other counties. For next year the tipping fee will be down $20/ton which will be passed on to customers.
- Francine Stayter asked if police presence on CR35 could be increased due to speeding. Mr. Fournier advised he would take the matter to the sheriff.
- County Representative Steve Fournier advised that the budget for the county stands as voted and that Milford would see a 3% increase from last year.
HIGHWAY SUPERINTENDENT’S REPORT: Superintendent Atwell reported on the following:
q SEASONAL ROADS – The Daily Star reported the closures but did not make it a legal notice. The Town Clerk advised he would send a correction to the paper.
q STORMS – the trucks and equipment stood up well during the latest severe storms.
q SNOW AND ICE CONTRACT – same as before. The county has already advised there was no salt and to go easy on salt and use more sand. The Highway Superintendent argued that there has to be so much salt in the mix or there is an ice buildup.
q SIGNS – update. Konchar and
Silliman Cove Roadsigns are down, Bob Wilson was stolen and broken.
q GRAVEL BANK – plowed the soil in the field with our own equipment and Spectra, the engineering firm, notified the state. They questioned the hold up since DEC has 4 test holes and sees no problems.
TOWN SUPERVISOR’S COMMUNICATIONS: Supervisor Gale reported on the following:
q Property – the town has acquired the next door property and the papers were signed. There was discussion concerning the use of the county bed tax money toward tourism and town property.
q ECO Report – one case will be going to court in January. He has been asked to go into the Silliman Cove Mobile Trailer Park as some places have started to accumulate junk.
q Emergency Shelter Meeting – Wednesday 11/30/2009, discussed long shelf life foods, MRE’s and portable radios for AM/FM receptions.
q Holiday Decorations – thank you to the Highway Superintendent for getting them up.
q Mitigation Meeting – December 11, 2009. The Mitigation Team will meet in January to assign duties. DEC and FEMA have updated flood plain mapping for the town and the Mitigation Team will update the All Hazards Mitigation Plan and flood plain maps with the Otsego County Planning Dept. using that information. The revised information is for inclusion in the Otsego County All Hazard Mitigation Plan, which will be adopted by resolution at a later date. Dave Reese Marine has been added to the All Hazards Mitigation Plan.
q End of the Year Meeting – for the purpose of paying bills will be held at 7pm, December 29, 2009.
q Organizational Meeting – scheduled for January 7, 2010, at 7pm.
Town Clerk’s Petty Cash Report – The Town Clerk reported there was $100 in the petty cash fund.
Building Committee: The final inspection was completed for the new building but still need the report. Committee wants the town to start using the new bulletin board.
Highway Committee: There was a discussion concerning the purchase of a new 1 ton truck and a new pick-up truck, what equipment needed to be purchased for the trucks, what equipment needed to be transferred to the trucks and state bids. The prices would not be available until February and then Town Supervisor wanted to know the figures by March. It was agreed that an update to the 5 year plan was needed.
New Business:
- Planning Board and ZBA training. Only one member has not submitted their required 4 hours/year training.
- Tax Collector Audit. The questionnaire was completed and all books were presented in a satisfactory manner.
- New Tax Collector is Jose Martinez and the Town Supervisor is the co-signer on the accounts.
- Planning and Zoning Committee is to consider a 6th alternate member for the ZBA. The Town Supervisor wants input no later than the February board meeting to make this happen.
MOTION TO PAY BILLS: A motion to authorize payment of the following bills was made by Councilman Gill, seconded by Councilman Vogel. Vote: all Ayes.
General Fund -- vouchers 339 to 375 for $12669.42
Highway Fund -- vouchers 146 to 153 for $11896.33
Lighting Fund -- voucher 12 for $136.00
ADJOURNMENT: A motion to adjourn was made by Councilman Couse, seconded by Councilman Gill. Vote: All Ayes. 8:17pm.
Respectfully submitted,
________________________________
Kenneth C. Sosnowski, Town Clerk
RECONVENED MILFORD TOWN BOARD
DECEMBER 17, 2009 – MINUTES
Draft
The Town Supervisor reconvened the board at 8:37pm. All remained in attendance as before.
The 2010 Control of Snow & Ice Contract with Otsego County was read. There was one amendment to the contract concerning CR-46 because it was outside the Town of Milford boundaries.
09-03 Resolution was made by the Town Supervisor to accept the 2010 Control of Snow & Ice Contract with Otsego County, seconded by Councilman Gill. Roll Call Vote:
Town Supervisor Thomas Gale Yes
Councilman John Gill Yes
Councilman Karl Vogel Yes
Councilman Harold Couse Yes
Councilman Olin Waters absent
The meeting adjourned at 8:47pm.
Respectfully submitted,
________________________________
Kenneth C. Sosnowski, Town Clerk
MILFORD TOWN BOARD
NOVEMBER 19, 2009 – MINUTES
Draft
OPEN MEETING: Supervisor Thomas Gale called the regular monthly meeting of the Milford Town Board to order at 7:02 pm at the Town Hall in Portlandville.
ROLL CALL: Present were Supervisor Thomas Gale, Councilmen John Gill, Olin Waters, Karl Vogel and Harold Couse; Highway Superintendent Richard Atwell, Town Clerk Kenneth Sosnowski and concerned townspersons. Milford Central School students Jeff Bieber and Danielle Shaver also attended for their Government Class.
MOTIONS:
A motion to accept the Monthly Financial Statement of the Town Supervisor for August 2009 was made by Councilman Couse, seconded by Councilman Vogel. Vote: All Ayes.
A motion to accept the Town of Milford Board Meeting Minutes of October 15, 2009, was made by Councilman Couse, seconded by Councilman Waters. Vote: All Ayes.
A motion to accept the Town of Milford Preliminary Budget Hearing Minutes of October 28, 2009, was made by Councilman Gill, seconded by Councilman Vogel, with the following amendment made by the Town Supervisor: to note that the Town Justices have no normal hours and that the Town Board did not have any input on any part of the budget. Vote with amendments: All Ayes.
A motion to accept the Special Meeting Minutes of October 28, 2009 was made by Councilman Vogel, seconded by Councilman Gill. Vote: All Ayes.
OPEN FLOOR:
- Vince Stayter stated the Town of Milford generates $50,000 in county bed taxes. He asked what percent the town gets. The Town Supervisor advised that sales tax is received by the town and all of the bed tax goes to the county. Mr. Stayter asked what percent of the county bed tax the town contributed and the Town Supervisor advised he did not know. Mr. Stayter advised he would have County Representative Fournier look into what percent is given by the town and how the money is spent. The Town Supervisor advised that a large amount of the bed tax goes toward tourism.
- Vince Stayter advised he did an analysis of ZBA minutes from 2004 and 38% of the time it was not a full board. He also noted ZBA member Membrino voted to deny 10% more than the other members and that out of 19 variances, 18 dealt with existing structures. He stated that this showed a good reason to have alternates and that variances should only apply to new construction. He wanted to poll the board. The Town Supervisor advised that this was a Supervisors meeting and there would be no polling of board members during the meeting. He advised he wanted board members to have the time to consider issues before voicing an opinion. He advised that an alternate would step in when a member has to abstain due to a conflict of interest with an individual or issue. He advised that a member should know when they are too close to an issue. He also advised that of all ZBA members that Marsha Membrino has the most knowledge of and spends the most time studying the issues to be presented.
- Francine Stayter asked if positions for a board position were advertised. The Town Supervisor advised that he did not advertise but that he maintained a list of those interested and welcomed any and all who were interested to talk to him and add their name to the list. He also advised he discusses those interested with the board but not all the time. Mrs. Stayter also advised the board to save the day – August 21, 2010, would be a summer celebration at Krol Field, a combination of the Goodyear Lake Association and the Polar Bear Association.
- Deb Wood wanted to advise the board that she had spoken with the Town Clerk, Ken Sosnowski, about a concern with her landlord Karen Dutcher. She stated her landlord advised her that the town filed a complaint about her one vehicle on her rented property which did not have a plate. She stated she spoke with ECO Marc LaSalle and was advised there was no issue with her vehicle. She wanted to advise the board that she was covering herself by stating her landlord was making a false complaint.
HIGHWAY SUPERINTENDENT’S REPORT: Superintendent Atwell reported on the following:
q SEASONAL ROADS – Sherman, State Land and Hotaling Roads posted starting December 1st. Next year they will be posted starting from November 1st.
q CHPS – all the money used – about $107,000. Paperwork for the last $40,207.36 sent in and the town should receive a check.
q SAND – The town asked for 1500 yards but the county delivered 1095 yards and advised that it was all the town was going to get.
q SNOW – the trucks are dressed and ready.
q LEO NORTON – is back from surgery and the town now has a full crew.
q RIGHT TO KNOW – county offers a three hour class. Paperwork on Right to Know was received by the county and posted on the Highway Dept. wall as per the US Dept. of Labor.
q SIGNS – inventory was done and signs that are badly faded or missing have been ordered. The town will try a new way to attach the signs to the posts so if someone attempts to remove them they will have to destroy the sign to do it.
q GRAVEL BANK – 2.6 acres need to be plowed so that it can be rained on which will strip the soil from any artifacts. The Highway Superintendent advised that Spectra, the engineering firm, spoke with the farmer who agreed to do the plowing but for a price. The Town Supervisor stated the town already had an agreement and that if there is a disagreement about plowing and price that it is between the owner and the farmer. He advised the Highway Superintendent to call the town attorney and set up an appointment with Eric Jervis.
q THE HIGHWAY SUPERINTENDENT – thanked the town for his raise but advised it was on the low end compared to other Superintendents’ salaries in the county. The Town Supervisor advised that he received a good benefit package and that he would look into his salary next year.
q EQUIPMENT COMMITTEE – the Highway Superintendent requests a meeting for repair/replacement of equipment. Councilman Couse advised he would meet with the Superintendent next week.
q 550 FORD – needs $6100 to repair the engine at Smith Ford and it has over 60,000 miles.
q FEMA/NYSDEC – public open house 12/02/2009 at the Oneonta Middle School between 4-8pm, for flood mapping and insurance rate information; a chance to review maps and ask questions. The Town Supervisor advised that any one on the Mitigation Committee should attend because of the new flood plain mapping. He wants a meeting with the Mitigation Committee in early January to coordinate mitigation with the new flood plain maps.
TOWN SUPERVISOR’S COMMUNICATIONS: Supervisor Gale reported on the following:
q New York State Retirement – the town has to pay $16,055 to NYS Retirement in December.
q Otsego County Code Enforcement – will now forward all copies of permit applications, permits, stop work orders etc. to the town tax assessor and the tax assessor will make those documents available to the other officials who require access to such documents.
q Emergency Shelter Meeting – Scheduled for Wednesday 11/30/2009 at 7pm.
q Holiday Open House – the Deputy Town Supervisor will coordinate the event scheduled for 12/09/09 between 6:30 and 8pm.
q Time Warner Cable – new programming list will be posted.
q FEMA – Otsego County Community Coordinators meeting on flood plain mapping was attended by the Town Supervisor, ZEO Ken Stone and Planning Board Member Patrick Welsh.
q Mitigation Team Meeting – scheduled for December 11, 2009 at 6:30pm.
q Audit – tax collector by town board scheduled at 7pm, December 14, 2009.
q Portable Room Dividers – needed by tax collector to separate from rest of main room.
Town Clerk’s Petty Cash Report – The Town Clerk reported there was $100 in the petty cash fund.
Motions:
Motion made by Councilman Gill, seconded by Councilman Waters to purchase room dividers. Vote: All Ayes.
Motion made by Councilman Vogel, seconded by Councilman Waters to purchase a plaque for Donald Harvey in recognition of 35 years of service and dedication as town tax collector. Vote: All Ayes.
Motion made by Councilman Gill, seconded by Councilman Vogel to use reserve office equipment money to pay for the repair/replacement of then Town Supervisor’s computer. Vote: All Ayes.
Motion made by Councilman Couse, seconded by Councilman Gill to accept the Clerk’s petty cash report. Vote: All Ayes.
NEW BUSIUNESS:
- The Town Supervisor wanted it noted that Fitzpatrick and Moyer were both turned down by the ZBA in their requests for variances to obtain a Short Term Transient Rental permits. They were denied due to safety and public health issues. The Fitzpatrick septic system was partially under a porch. He claimed he would be forced to sell and when the Town Supervisor asked where he would go and he stated to his home on Long Island. The Moyer well was on the same side of the house as the septic system and within 40 feet. It can’t be within 100 feet; denial due to land size.
- Dog problem on
Eddie Martin Road.
John Dinneen made a complaint about a neighbor’s dogs being left outside (neighbor moved and is looking for a new home) and DCO Waters provided paperwork for a complaint.
DCO Waters checked on the dogs; they are being fed and given water and have shelter in their cages.
Mr. Dinneen went to the county to press charges for cruelty, NYS Ag.& Mkts Article 26.
Mr. Knapp does not know the status of the complaint.
- The Town Supervisor reminded the board that no councilman during the meeting is to answer any questions from the floor. The town board meeting is a Supervisors Meeting and polling members by the floor raises a liability issue with regard to decisions made later by the board.
- The Town Supervisor wanted the name of the person speaking during the open floor part of the meeting placed in the minutes.
- The temporary appointment of C. William Jacobson to the Board of Assessment Review has expired.
Motions:
Motion made by Councilman Couse seconded by Councilman Vogel to appoint C. William Jacobson to the BAR for a 5 year term. Vote: All Ayes.
MOTION TO PAY BILLS: A motion to authorize payment of the following bills was made by Councilman Waters, seconded by Councilman Vogel. Vote: all Ayes.
General Fund -- vouchers 313 to 338 for $3911.97
Highway Fund -- vouchers 131 to 145 for $31942.76
Lighting Fund -- voucher 11 for $136.00
Capital Fund -- voucher 25 for $121.10
ADJOURNMENT: A motion to adjourn was made by Councilman Couse, seconded by Councilman Gill. Vote: All Ayes. 8:51pm.
Respectfully submitted,
________________________________
Kenneth C. Sosnowski, Town Clerk
Milford Town Board Meeting
October 15, 2009 Minutes
Draft
The Milford Town Board Meeting was called to order at 7:00pm.
Roll call: Present: Supervisor Thomas Gale, Councilmen Olin Waters, Harold Couse, Karl Vogel, John Gill and Highway Superintendent Rick Atwell – Deputy Town Clerk Sue Eichler and several concerned town persons.
Motions:
A motion to accept the Town of Milford Board Meeting Minutes of September 20, 2009 was made by Councilman Couse, seconded by Councilman Vogel. Vote: All Ayes
A motion to accept the Milford Town Tentative 2010 Budget Meeting Minutes October 8, 2010 – dated corrected to 2009 – amend minutes to read October 8, 2009 was made by Councilman Couse seconded by Vogel. Vote with amendment: All Ayes
A motion to accept the Monthly Financial Statement of the Town Supervisor for September 2009 was made by Councilman Vogel and seconded by Waters. Vote: All Ayes
Open Floor:
- Mr. Stayter gave the board a ‘Meet the Candidates’ flyer for October 24, 2009 between 1:00 and 2:30pm at the town hall.
- Short Term Transient Rental changes (Proposed Local Laws 1 & 2 for 2009) will not be voted on because the amended changes to Local Law #2 of 1981, in short the ‘Dog Control Law’, became Local Law #1 of the Town of Milford for 2009– The board will review/study the proposed laws with the possibility of changing the original numbering of proposed LL #1&2 for 2009 for the appropriate local law number changes during the winter.
Mr. and Mrs. Fitzpatrick stated their permit was turned down for reasons other than set-backs and/or insufficient parking. Their question was “How do we re-apply”. Mr. Craig Moyer stated he was turned down by the ZBA and stated it was a burden to the people to have all of these laws. Town Supervisor Thomas Gale stated he would look into these problems and get back to them. Councilman Couse stated the big problem is safety and health; fire trucks and ambulances can’t get down those narrow roads if cars are parked on the side of the road. Everyone agreed that safety is the most important issue. It was suggested that the ZBA be more understanding and all 5 members be present when a meeting/appointment is made.
Highway Superintendent’s report:
A check for $1688.64 was received from Progressive Insurance for damage done to the guard rail on Gersoni Road.
Half of the sand is in. The town was waiting for the county to complete the order and was told that it would be done this week. No sign of sand yet. Rick may drive up and talk directly to Kevin Flint
Sunny Crest and Valley View Roads have been sealed.
New building is complete. The final inspection is needed but will not happen unless $159.00 is paid for the inspection. The project cost about $22,000.00
Spectra has a concern about the top soil on the 2.6 acre to be used for gravel. $2400.00 is needed to complete the study. This project should be cleared by next spring and 2-4 years of gravel will be available.
Motion made by Councilman Couse and seconded by Vogel to continue the project. Vote: All Ayes
Leo Norton is out on leave for an operation and won’t be back until November 1 or later.
Salt building is full.
Equipment committee needs to come up to the town barn and discuss the 5 year plan. Bids will be put out in March.
Town Supervisor Communications:
FEMA – new flood plain maps are out and the Zoning Office has them; many changes have been made.
Property: real-estate has held up in this area. We will be looking at a re-evaluation to bring us up to 100%. At this time we are 51.5.
Preliminary budget meeting: scheduled for October 28, 2009.
Emergency Shelter meeting: scheduled for October 21, 2009.
Holiday Open House: looking at December 3 or 9, 2009. Committee is Crystal Gale/Harold Couse/Karl Vogel
New business: Harold Couse read a letter from the Milford Fire Department/Emergency Squad who made a suggestion that the Yield sign on Exit 15 be changed to a Stop sign. All councilmen agreed to support the request and the letter will be forward to DOT Engineer Mike Adams by the Town Supervisor.
Motion to authorize payment of bills: Councilman Gill and seconded by Waters. Vote: All Ayes
General Fund - Vouchers 282 to 303 for $7759.99
Highway Fund - Vouchers 118 to 129 for $16,827.52
Lighting Fund - Vouchers 10 for $136.00
Capital Fund - Voucher 22 and 23 for $203.45
Adjournment: A motion was made by Councilman Couse, seconded by Vogel. Vote: All Ayes.
Respectfully Submitted
F. Susan Eichler
Deputy Town Clerk
MILFORD TOWN BOARD
2010 PRELIMINARY BUDGET HEARING
October 28, 2009 – MINUTES
Draft
OPEN MEETING: Supervisor Thomas Gale called the 2010 Preliminary Budget Hearing with the Milford Town Board to order at 7:02 pm at the Town Hall in Portlandville.
ROLL CALL: Present were Councilmen John Gill, Harold Couse and Karl Vogel; Town Supervisor Thomas Gale; Town Clerk Kenneth Sosnowski. Councilman Olin Waters was absent.
POSTED NOTICE: The notice concerning the preliminary budget hearing, posted at the three area post offices and at the Milford Town Hall, and legal notice of same printed by the Daily Star, was read by the Town Clerk.
PROCEDURE: The Supervisor asked if any board member had any questions concerning the 2010 budget and no problems were noted. The Town Supervisor announced that there would be no tax increase. Due to sound fiscal management of the tax payer’s money, during these troubled economic times, the town was able to provide continued quality services and upgrade the town’s infrastructure. Constant monitoring of revenues, appropriations and conservative use of money allowed for fund balances that were applied against the 2010 budget.
The 2010 budget increases over the 2009 budget were in the areas of wages, contractual expenses (insurance, fire protection), retirement (up 50%) and needed or replacement equipment.
The town’s overall assessed value went up $751,200 between new construction and land value increases. Changes in depreciation of buildings and utility equipment decreased $462,605. Verizon decreased by $239,805 and there was an equalization rate change of $159,300.
OPEN FLOOR: Town Justice Moore spoke for the town justices. He advised that the justice salary increase of $250 was an insult due to the amount of revenue generated by the court and given back to the town (fines issued and how the court handles the monies received). He advised that the court clerk has an increased burden in filing and paperwork to support the court. He also advised that he is called numerous times of the week at night for arraignments. The Town Clerk advised that during the week the justices and court clerk were at the town hall doing administrative and court duties outside of normal court hours.
The Town Supervisor summarized the 2010 budget:
The total 2010 Town of Milford Budget is $1,076,271
The amount to be raised by taxes: General Town $95,529
General outside Village 0
Highway Town $211,618
Highway outside Village 0
ADJOURNMENT: A motion to adjourn was made by Councilman Gill, seconded by Councilman Vogel. Vote: All Ayes. Meeting adjourned at 7:50 pm.
Respectfully submitted,
___________________
Kenneth C. Sosnowski, Town Clerk
The following is a resolution by the Cherry Valley Town Board that addresses the issues involved with the Marcellus shale field gas leases. If you feel that our town board should adopt a similar document, let your town board member know or contact us through this website. (posted 1/11/09).
Resolution of the Cherry Valley Town Board
Resolution # 2008- 8 December 11, 2008
A RESOLUTION OF THE TOWN OF CHERRY VALLEY ENTITLED "COMMENTS TO NYSDEC ON THE ON THE DRAFT SCOPE FOR DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM FOR WELL PERMIT ISSUANCE FOR HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING FOCUSING ON THE DEVELOPMENT OF THE MARCELLUS SHALE AND OTHER LOW-PERMEABILITY GAS RESERVOIRS."
WHEREAS, the Town of Cherry Valley recognizes the need to develop domestic sources of energy and their potential for economic development in upstate New York; and
WHEREAS, the Town of Cherry Valley is located in the Marcellus shale field and other gas bearing formations; and
WHEREAS, the Town of Cherry Valley is located at the shallow, northern edge of the Marcellus Shale Field where it outcrops along U.S. Rte 20 in northern Otsego County; and
WHEREAS, there are numerous natural gas leases signed between private land owners and gas exploration companies within the Town on file with the Otsego County Clerk; and
WHEREAS, aspects of hydraulic fracturing include the potential impacts of (1) water withdrawals, (2) transportation of water to the site via town roads, (3) the use of additives in the water to enhance the hydraulic fracturing process, (4) space and facilities required at the well site to ensure proper handling of water and additives, and (5) removal of spent fracturing fluid from the well site and its ultimate disposition.
WHEREAS, due to the technological advances of horizontal drilling and hydraulic fracturing, the Marcellus shale and others gas bearing formations in the Town of Cherry Valley, these gas bearing formations have become economically feasible to exploit; and
WHEREAS, the Town of Cherry Valley has identified the pollution of groundwater as a major concern in its comprehensive plan, adopted by the Cherry Valley Town Board in 2007; and
WHEREAS, the karst topography, limestone bedrock and shallow depth to the Marcellus shale which underlie the Village and the Town of Cherry Valley make our water bearing formations especially vulnerable to pollution; and
WHEREAS, groundwater is the sole source of all public and private water use in the Town and Village of Cherry Valley; and
WHEREAS, the Department of Environmental Conservation is solely responsible for regulating the exploration, development and production of oil and gas resources in New York; and mineral rights owners and exploration companies are interested in developing a potentially significant gas resource in the Town of Cherry Valley through the use of horizontal drilling and hydraulic fracturing; and
WHEREAS, the New York State Department of Environmental Conservation is accepting written comments from ALL interested parties on the Draft Scope for Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program for Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing focusing on the Development of the Marcellus Shale and Other Low-Permeability Gas Reservoirs; and
WHEREAS, the Town of Cherry Valley is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Draft Scope and the actions therein; and
WHEREAS, the oil and natural gas industries are exempt from Federal Clean Water Act, Federal Clean Air Act, Safe Drinking Water Act, and are exempt from local planning review under the New York State Environmental Conservation Law (ECL Section 23-0303); and
WHEREAS, the New York State Environmental Conservation Law (ECL Section 23-0303) preempts towns from regulating land use by the Oil and Natural gas industries except over roads or the rights of local governments under the real property tax law; and
WHEREAS, drilling and hydraulic fracturing involves the use of heavy equipment, millions of gallons of water, all delivered to the well site by heavy trucks, the potential for the degrading of Town roads is possible; and
WHEREAS, the Town of Cherry Valley has reviewed the Draft Scope and affirms that the Draft Scope and the Supplement to the Generic Environmental Impact Statement must include measures to afford adequate protection for the Town’s citizens, water resources, public health, environment and roads.
NOW, BE IT RESOLVED THAT THE TOWN BOARD OF CHERRY VALLEY APPROVES THAT THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) TAKE ACTION TO ADDRESS IMPACTS TO THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE TOWN REGARDING THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM FOR WELL PERMIT ISSUANCE FOR HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING BY INCLUDING THE FOLLOWING IN THE DRAFT SCOPE AND SGEIS:
(1) Notify the Town of Cherry Valley upon receipt of an application to drill within the Town and notify the Town of issued permits and permit conditions enacted by the NYSDEC for each well, and
(2) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to provide the Town a comprehensive list of all substances and their concentrations (chemical and inert) used in drilling, hydraulic fracturing and recovery processes a minimum of six months prior to the start of drilling or hydraulic fracturing so an adequate water quality baseline for our water supplies can be established prior to drilling/hydraulic fracturing; and
(3) Prohibit the use of all hydraulic fracturing fluid constituents that are known to pose a significant risk to human health, and
(4) Require all oil and natural gas exploration in the Town of Cherry Valley use closed loop systems to avoid open pits and potential of contamination of surface and ground water by hydraulic fracturing fluid due to the sensitive nature of the karst topography and shallow depth to the water bearing formations within the Town, to safeguard our drinking water, public health and the environment; and
(5) Notify the Supervisor of the Town of Cherry Valley of violations to permit conditions that occur at any drilling/hydraulic fracturing site within the Town within 24 hours of the violation; and
(6) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to fund completely, water tests for residues of drilling/hydraulic fracturing fluids before and after drilling/hydraulic fracturing for any public or private potable water source (well or surface) within 10,000 feet of the water source to be repeated annually at the expense of the representatives of the oil and natural gas industry for 3 years post drilling/hydraulic fracturing; and
(7) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to fund completely, radon tests for any home within 10,000 feet of the proposed well to be repeated annually at the expense of the representatives of the oil and natural gas industry for 3 years post drilling/hydraulic fracturing; and
(8) Make the results of the aforementioned tests available to the Cherry Valley Town Board and every owner of the water source or home within that area, and
(9) Require each representative (company) of the oil and natural gas industry operating in the Town of Cherry Valley to post an Environmental Quality Bond to the Town of Cherry Valley while operating in the Town, the amount of this bond to be determined in consultation with NYSDEC, and
(10) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to provide the Town a comprehensive list of all substances used in hydraulic fracturing and their concentrations (chemical and inert) moved off site, including a final destination for these substances to insure proper disposal, and
(11) File a transportation plan with the Town Supervisor and Highway Supervisor to insure Town roads and bridges will accommodate this industrial use, and
(12) Require each representative (company) of the oil and natural gas industry operating in the Town of Cherry Valley to post a Performance Bond to the Town of Cherry Valley for potential damages to Town roads, the amount of this bond to be determined in consultation with NYSDOT and Otsego County DPW, and
BE IT FURTHER RESOLVED that this industry should result in NO additional tax burden whatsoever on the citizens of the Town of Cherry Valley; and
BE IT FURTHER RESOLVED that the certified copy of this resolution be filed with the New York State Department of State, Office of the Assembly, Office of the NYS Senate, and the Governor’s Office to convey that necessary action is needed to update New York Environmental Conservation Law (ECL) Section 23-0303 to allow for more local influence in protecting the health and welfare of residents.