May 7, 2013 – Workshop Meeting
The workshop meeting of the Gardiner Town Board was held this evening at the Gardiner Town Hall at 7:00 PM. The meeting was opened by Supervisor Zatz with Councilmen Koenig, Mele, Reynolds and Wiegand all present. There were approximately 14± audience members.
ANNOUNCEMENTS
May 14 – Gardiner Livable Community Committee Senior Expo at the Gardiner Town Hall 2-4 PM
May 15 – NYS DEC burning ban expires.
May 18 – Shawangunk Reformed Church Country Fair.
June 8 – Gardiner Day Committee Sock Hop at the Gold Fox 6:30 PM
July 18 – Annual 5K Race. Sponsored by the Gardiner Fire Department.
Transfer Station permits for 2013 are now available at the Town Clerk’s office.
GRIEVANCE DAY
Grievance Day for 2013 is scheduled for May 28. A recording secretary back up may be needed for the day. More information will follow.
ETHICS BOARD DOCUMENT APPEAL
Supervisor Zatz read the appeal letter submitted by Pam O’Dell requesting copies of documents. Also reviewed were the responses from Attorney for the Town Paul Kellar and comments of Robert Freeman from the Committee on Open Government to the Town Clerk.
Councilman Mele would like the Board to table any decision to the next meeting to allow the Board to review the requested material. Councilman Wiegand feels the complainant recused herself and gave up the right to the material. Councilman Reynolds agrees with tabling any decision until next week.
Councilman Koenig believes that a recusal is a recusal. He respects the opinion of the Ethics Board chairman Mr. Simonson. Supervisor Zatz commented that the appeal is not about the content of the documents but about the right of the Ethics Board to keep the information confidential.
A motion was made by Councilman Wiegand, seconded by Supervisor Zatz and carried, denying the request to have access to the notes of the executive session and all other written and audio communication of the Ethics Board as outlined in Ms O’Dell’s request. Councilman Mele abstained. All other Board members voted aye. Councilman Mele questioned whether or not the Findings and Determination would be reviewed and would the Town Board be allowed to question any aspect of the report. Supervisor Zatz stated that discussion of the Findings and Determination should take place in executive session.
APPOINTMENT TO THE PLANNING BOARD
There were no applications or letters of interest for the current Planning Board position set to expire. Paul Colucci indicated that he is still interested in serving on the Planning Board. A motion was made by Councilman Wiegand, seconded by Councilman Koenig and carried re-appointing Paul Colucci for another seven (7) year term.
TRANSFER STATION UPDATES
Union representatives and the Town Board have agreed to cleaning up around the roll offs which is still quite a mess, keeping the walkways clear and no wood pallets. Suggestions of placing netting between the ramps and the containers to catch any falling debris and a snow fence to prevent litter blowing around the area are being considered. Clean up is scheduled with the Highway Dept. for May 14.
Councilman Reynolds commented that the concrete has cracked where the railing is and he believes it has become a hazard. Councilman Wiegand commented that perhaps there is a flaw in the design of the
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transfer station if the attendant must clean up daily. Supervisor Zatz has order NO CASH signs and is considering shredding and composting. Mr. Zatz stated that the shredding would be done by a commercial company as a service to the community. A vehicle would provide the service for a fee. He has done research for scales for C&D material fees and asked the Board to consider a moratorium on the collection of C&D. Councilman Mele suggested renting/borrowing a scale to see how it works.
UCRRA
Contract for all municipalities in Ulster County renew in October. Most Towns have decided to contract with UCRRA for another year since there are really no other options. Supervisor Zatz will have a contract ready for Town Board to vote on in June.
REVENUE ANTICIPATION NOTE
Revenue Anticipation Notes (RAN) are six (6) month bank notes based on a guarantee of funding. The Town has a guarantee of funding from NYS DOT for the sidewalks. The Town is entering into an agreement with the bank for an RAN for the sidewalks with a rate of 1.2%. A motion was made by Councilman Reynolds, seconded by Councilman Wiegand and carried adopting the following resolution.
Resolution No. 78 – Revenue Anticipation Note
A Resolution Authorizing the Issuance of Revenue Anticipation Notes of the Town of Gardiner, Ulster County, New York in an Aggregate Principal Amount not to Exceed $953,000 pursuant to the Local Finance Law.
Be It Resolved, by the Town Board of the Town of Gardiner, Ulster County, New York (the "Town") as follows:
SECTION 1. The revenue anticipation notes of the Town in an aggregate principal amount not to exceed $953,000 are hereby authorized to be issued in anticipation of the collection by the Town of moneys from the New York State Department of Transportation ("DOT") to finance the construction of sidewalks along State Route 44/55 in the Town. Such moneys are due and payable in fiscal year 2013 and are revenues other than real estate taxes or assessments.
SECTION 2. The amount of moneys to be collected from DOT against which said revenue anticipation notes are authorized to be issued is $953,000.
SECTION 3. Said revenue anticipation notes shall mature on October 31, 2013.
SECTION 4. Each of the notes authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the punctual payment of the principal of and interest on said revenue anticipation notes as the same respectively become due and payable.
SECTION 5. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize the issuance of the revenue anticipation notes authorized by this resolution and the renewals of said notes (including, without limitation, dates, denominations, maturities, interest payment dates, consolidation with other issues, manner of execution and redemption rights), and the power to sell and deliver said revenue anticipation notes, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign the revenue anticipation notes issued pursuant to this resolution, and the Town Clerk is hereby authorized to affix the corporate seal of the Town to said revenue anticipation notes and to attest such seal.
SECTION 6. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the revenue anticipation notes authorized by this resolution as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the revenue
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anticipation notes authorized by this resolution as "qualified tax-exempt obligations" in accordance with Section 265(b)(3) of the Code.
SECTION 7. This resolution shall take effect immediately upon its adoption.
EQUIPMENT PURCHASES
Supervisor Zatz informed the Board that he has purchased two (2) new computers, one for the Assessor’s office and one for the Highway Dept.
The lease on the Xerox copier has expired and we have signed a lease with Ricoh for a newer copier to be delivered this week.
The reed beds at the Sewer plant needs a dosing chamber. Chris Jaeger from Environmental Consultants was authorized to purchase them.
NEW E-MAIL ADDRESSES
In order to make all town employee e-mails consistent, the Town has changed the mail server to gmail. Each employee will have two (2) addresses – one with their name and one for their position. Town Board members are also included and may use the new address if they wish.
SUMMER RECREATION
Summer Recreation sign ups were held this past weekend. All went well. Director Frank LaRonca said that there are still several openings and they will continue to accept applications.
ZONING BOARD OF APPEALS REPLACEMENT
Alternate Joe Katz is interested in filling the vacancy left by Laura Wong-Pan’s resignation. The Town Board will accept applications and letters of interest until the end of the month. Interviews will be scheduled at that time.
PASQUALE’S RESTAURANT
Pasquale Iovieno, owner of Pasquale’s Restaurant was informed that he must move his sign and shrubs and build a retaining wall due to the sidewalk project. Mr. Iovieno is looking for monetary help from the Town for these changes to his property. Board members will discuss the possibility of reimbursement through the contingency fund.
PARKS AND RECREATION
A Parks & Recreation Master Plan survey/questionnaire will appear in the next edition of the Gardiner Gazette. Survey/questionnaires will be returned to Councilman Wiegand.
PRIVILEGE OF THE FLOOR
Jack Habersberger –asked how the sidewalk RAN would work.
Marybeth Majestic – surprised that the Zoning Advisory Committee had been formed. She had applied to serve on it and never heard any response.
Scott Bittner – stated that the sandwich board sign in front of the wine shop is in a legal parking spot.
EXECUTIVE SESSION
On motion of Councilman Koenig, seconded by Councilman Mele and carried, the Board entered into executive session at 8:30 PM for the purposes of discussing litigation. The Board will return to regular session only to adjourn.
Respectfully submitted,
Michelle L. Mosher, Town Clerk