August 13, 2013 – Monthly Meeting
The August meeting of the Gardiner Town Board was held this date at 6:30 PM at the Gardiner Town Hall. Present were Supervisor Zatz and Councilmen Koenig, Mele, Reynolds and Wiegand. There were approximately 18± audience members.
EXECUTIVE SESSION
The Board entered into executive session immediately upon call to order.
LEAVE EXECUTIVE SESSION – ENTER REGULAR SESSION
The Town Board left executive session at 7:25 PM and entered into regular session.
ANNOUNCEMENTS
Painting of the bridge over the Wallkill River has been completed
Councilman Wiegand announced that former supervisor Joe Katz has been hospitalized at Albany Medical Center for the last three (3) weeks due to surgery. He is expected to be released in a week or so.
TRANSFER STATION
Hours of the transfer station are from 8:00 AM to 4:00 PM. Gates will close promptly at 3:45 PM. Permits are required and are available at the Town Clerk’s Office. No Cash will be accepted at the transfer station.
SIDEWALK PROJECT
The sidewalk project from the Reformed Church to the Library has been officially completed.
OHIOVILLE ACRES SUBDIVISION
Attorney Mike Moriello and engineer Barry Medenbach were present representing the developer of Ohioville Acres. They are seeking approval for pre-construction clearance for work to be performed in accordance to permits received from NYSDEC and the US Army Corps of Engineers. These permits are set to expire sometime mid-October. David Brennan attorney for the Town reviewed the Interim Disturbance Plan and created a resolution for authorization as follows:
Resolution No 102 – Ohioville Acres Preconstruction work – Offered by Councilman Koenig
At a duly noticed public meeting of the Town of Gardiner Town Board, held on the 13th day of August, 2013, a quorum having been present the following Resolution was voted upon and declared adopted by a majority of the duly constituted Town Board Members of the Town of Gardiner; said Resolution being enacted pursuant to Section 188-13(E) of the Town of Gardiner Subdivision Regulations.
WHEREAS, Ohioville Acres Corp [hereinafter referred to as “Ohioville”] having completed SEQRA pursuant to an adopted Findings Statement dated November 8, 2007 and having further obtained Conditional Final Subdivision Approval from the Town of Gardiner Planning Board for the 135 residential lot and 1 commercial lot development known as “Ohioville Acres” on May 19, 2009, pursuant to all applicable laws, rules and regulations; and,
WHEREAS, Ohioville having heretofore obtained the following post Approval Permits from various agencies following the grant of Conditional Final Subdivision Approval as referenced above.
a.) SPDES General Permit for Stormwater Discharges [ECL Regulations GP-0-10-001] NYSDEC Approved February 24, 2011.
b.) Stream Disturbance Permit [Environmental Conservation Law, Article 15] NYSDEC Approved November 15, 2010.
c.) Water Quality Certification [Clean Water Act, Section 401] NYSDEC Approved November 15, 2010.
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d.) Water Supply Permit [Environmental Conservation Law Article 15, Title 15] NYSDEC Approved November 15, 2010.
e.) Federal Wetlands Nationwide Permit #29 for Wetlands Filling [33 CFR Part 330 et. seq.] USACOE Approved October 5, 2009; and,
WHEREAS, the Conditional Final Subdivision Approval aforesaid has been duly extended by the Town of Gardiner Planning Board as a part of the continuing post Approval permitting process for Ohioville Acres;
WHEREAS, Section 188-13(E) of the Town of Gardiner Subdivision Regulations provides a mechanism for the “Construction of Improvements” pursuant to a duly approved Preliminary and/or Final Subdivision Plat upon the submittal of a written “Request to Initiate Construction”, together with evidence of the following:
i) Approval of the Town of Gardiner Planning Board of the site work to be completed.
ii) Payment to the Town of Gardiner of the required Inspection Fee.
iii) The execution of the Indemnification Agreement and filing of said Agreement within the Offices of the Town of Gardiner Town Clerk.
iv) Proof that SEQRA has been completed and all related permits and/or authorizations have been issued and filed with the Town of Gardiner Planning Board for the work to be undertaken; said proof being memorialized herein as set forth previously herein.
v) Review of the Interim Disturbance Plans by the Town of Gardiner Highway Superintendent and Town of Gardiner Building Inspector and issuance of the requisite Building Permit for the site work by the Town of Gardiner Building Inspector.
vi) Approval by the Town of Gardiner Town Board of the final approved road layout, as shown upon the Interim Disturbance Plans and the work proposed for pre-construction clearance as approved by the Town of Gardiner Planning Board; and,
WHEREAS, a Request to Initiate Construction was made on February 26, 2013 by Ohioville and an initial Town of Gardiner Planning Board Meeting was held on March 19, 2013 in consideration thereof and a subsequent Town of Gardiner Planning Board Meetings were held on June 18, 2013 and July 16, 2013 in review of the Interim Disturbance Plans; and,
WHEREAS, the Interim Disturbance Plans for Phase One of the Ohioville Acres Development, consisting of twelve (12) maps, were conditionally approved by the Town of Gardiner Planning Board on July 16, 2013, said Interim Disturbance Plans consisting of the following:
1) Phase 1 Disturbance Plan (1).
2) Road Profile Red Oak Tree (1).
3) Road Profile Clinton Ridge (3).
4) Wetland Impact Areas (3).
5) Wetland Establishment Plan (1).
6) Wetland Establishment Grading Plan (1).
7) Proposed Wetland Disturbance Area (1).
8) Detail Sheet (1).
WHEREAS, the Town of Gardiner Planning Board Conditional Approval aforesaid is predicated upon the following post approval conditions:
a) Approval of the Interim Disturbance Plans by Morris Associates, Inc.
b) Review of the Interim Disturbance Plans by the Town of Gardiner Highway Superintendent.
c) Payment of the requisite Inspection Fee.
d) Adoption of this Resolution for Pre-Construction Work by the Town of Gardiner Town Board.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town of Gardiner Town Board hereby further approves the work proposed for pre-construction clearance, as shown upon the Interim Disturbance Plans and as previously approved by the Town of Gardiner Planning Board at its July 16, 2013 Meeting; and,
BE IT FURTHER RESOLVED, that nothing within this Resolution shall limit, abridge or nullify the remaining post approval conditions which are applicable to the Interim Disturbance Plans, as required by the Town of Gardiner Planning Board as aforesaid; and,
BE IT FURTHER RESOLVED, that pursuant to Section 188-13(E) of the Town of Gardiner Subdivision Regulations, this Resolution and the associated Interim Disturbance Plans Work memorialized herein were contemplated and addressed by the SEQRA approval and adopted Findings Statement dated November 8, 2007, that there have been no material changes requiring a modification to that determination and, in any event, is also properly classified as a Type II Action pursuant to 6 NYCRR Part 617.5(c)(19) of the SEQRA Regulations of New York State; and,
BE IT FURTHER RESOLVED, that this Resolution is hereby adopted upon the vote of the Town of Gardiner Town Board as memorialized herein.
Seconded by Councilman Mele and carried.
ZONING AMENDMENT
David Brennan reviewed the specific changes to be made to the zoning law. He will draft a new local law to be presented to the Town Board at next month’s meeting. This law will cover changes in the zoning law specifically Use Restriction and Use Table, designation of a Central Hamlet and adding a water well monitoring program.
RESOLUTION 96-2011 – TOWN HALL STAFF HOURS
Supervisor Zatz reviewed this resolution with Town Board members. This resolution was adopted to provide for staff coverage in each department during business hours. Each department budget does not include funding for this requirement. Our handbook also does not allow for comp time.
A motion was made by Councilman Wiegand, seconded by Councilman Mele and carried to repeal Resolution 96-2011.
MINUTES
The minutes of June 4, June 11 and July 9 were approved as written on motion of Councilman Mele, seconded by Councilman Wiegand and carried.
GARDINER DAY – SPECIAL PERMIT
Resolution No. 103 - Permit for Outdoor Assembly In the Matter of Gardiner Day
Offered by Councilman Koenig
Whereas , the Town of Gardiner has adopted certain rules and regulations governing outdoor musical entertainment, amusement and assemblies in order to provide for public order and the protection of safety, health and well-being of persons and property within the Town known as Chapter 107 of the Municipal Code, and
Whereas, the Gardiner Day Committee has proposed to hold an event known as “Gardiner Day” on Saturday September 14, 2013 at the premises known as George Majestic Memorial Park on Murphy Lane in the Town of Gardiner which is reasonably expected to attract more than 1000 persons, and
Whereas, the applicant has provided the Town Board with information concerning the purpose of the event, the hours of operation, the provision of adequate off-street parking, the provision of fire lanes and toilet facilities, evidence of compliance with the Health Department regulations, proof of adequate liability insurance and copies of notice sent to area police agencies, fire departments and rescue squads, and
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Whereas, the Town Board is satisfied that adequate provisions have been made by the applicant and that planned event will not disturb the public order and safety, then
Resolved, the Town Board of the Town of Gardiner hereby grants a permit for an outdoor assembly known as “Gardiner Day” to be held on Saturday September 14, 2013, between the hours of 11:00 A.M. and 4:30 P.M. at George Majestic Memorial Park on Murphy Lane in accordance with the application presented to the Town.
Seconded by Councilman Reynolds and carried.
SIDEWALK MAINTENANCE LAW
Councilman Koenig wanted to discuss the sidewalk maintenance law specifically snow and ice removal. Supervisor Zatz copied the law for each Board member. The main concerns are with communication to those responsible for the removal and with enforcement. Supervisor Zatz will announce on the website the responsibility of sidewalk maintenance as well as sending a copy of the law to each resident responsible for the maintenance.
SALT SHED SOLAR PANELS
Councilman Koenig spoke to the Town Board about a plan to install solar panels on the highway salt shed. There are several different programs to install solar panels at no cost to the owner. Mr. Koenig stated this can result in a cost savings on electric. He will create an RFP for both a traditional solar purchase and for a leasing plan. The Town Board is in favor of moving ahead with and RFP. Councilman Koenig will prepare the RFP for the Board’s review.
APPOINTMENT OF ASSESSOR
RESOLUTION NO. 104 - Sole Appointed Assessor –Maureen Gallagher -Offered by Councilman Wiegand
Pursuant to RPTL § 310, the Town Board hereby appointsMaureen Gallagher as Sole Appointed Assessor for a six year term beginning October 1, 2013 ending September 30, 2019 and to serve at the pleasure of theTown Board. The State Board’s Rules for Real Property Tax Administration requires Maureen Gallagher to meet and maintain minimum qualification standards.
Seconded by Councilman Koenig and carried.
APPOINTMENT OF REVALUATION CONSULTANT
Board members received three (3) quotes for the proposed assessment revaluation – GAR Associates, Assessment & Appraisal Information Systems and Valley Appraisal - Michael Dunham. A motion was made to accept Michael Dunham’s proposal in the amount of $35,000 based on his proposal, by Councilman Wiegand, seconded by Councilman Koenig and carried.
RE-APPOINTMENT PARKS AND RECREATION COMMISSION
On motion of Councilman Wiegand, seconded by Councilman Mele and carried, Amity Dippel was re-appointed to the Parks and Recreation Commission for another seven (7) year term.
OLD LIBRARY SALE PARAMETERS
Councilman Wiegand will prepare a proposal with sale parameters for the old Library/Firehouse. Board members discussed the possibility of auctioning the property or sealed bids.
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2014 BUDGET
Supervisor Zatz discussed with Town Board members their involvement with the creation of the budget. He would like each member to work on a specific department.
SUPERVISOR MONTHLY REPORT
The July report of the Supervisor was accepted a presented on motion of Councilman Wiegand, seconded by Councilman Reynolds and carried.
CLAIMS
Claims for the month of July were approved on motion of Councilman Wiegand, seconded by Councilman Reynolds and carried. They are listed on Abstract # 7A as follows: General Fund voucher #311-359 $34,943.54; Highway Fund voucher #164-197 26,606.41; Sewer District voucher #18-23 $5,230.60.
Additional claims for the month of July were approved for payment on motion of Councilman Wiegand, seconded by Councilman Reynolds and carried. They are listed on Abstract # 7B as follows: General Fund voucher #360 $714.87; Sidewalk .21 voucher #7 $13,582.63; Sidewalk .38 voucher #6 $140,303.18.
A third set of claims was approved for payment on motion of Councilman Wiegand, seconded by Councilman Reynolds and carried. They are listed on Abstract # 7C as follows: General Fund voucher #361 $58.50.
The next set of claims was approved for payment on motion of Councilman Wiegand, seconded by Councilman Reynolds and carried. They are listed on Abstract # 7D as follows: General Fund voucher # 362-363 $ 929.97; Sidewalk .21 voucher #8-9 $17,669.18; Sidewalk .38 voucher # 7-9 $218,407.39.
Claims for the month of August were approved on motion of Councilman Wiegand, seconded by Councilman Koenig and carried. The are listed on Abstract # 8C as follows: General Fund voucher #364 $7,828.40; Sidewalk .21 voucher #10 $148,739.76; Sidewalk .38 $800.00 refund to PE Colucci due to billing error listed on Abstract #7D.
BUDGET TRANSFERS & SUPPLEMENTAL APPROPRIATIONS
Resolution No. 105 – Supplemental Appropriation in General Fund – Offered by Councilman Wiegand
Resolved, pursuant to Section 112, Town Law, the 2013 Annual Budget, General Fund, is hereby amended to provide for a supplemental appropriation in the amount of $8,892.00 in Acct No. 00.06.7110.413 Park Repairs.
Further Resolved, said moneys to be taken from the General Fund Unreserved Fund Balance.
Seconded by Councilman Mele and carried.
Resolution No. 106 – Supplemental Appropriation in General Fund – Offered by Councilman Wiegand
Resolved, pursuant to Section 112, Town Law, the 2013 Annual Budget, General Fund, is hereby amended to provide for a supplemental appropriation in the amount of $6,200.00 in Acct No. 00.01.1420.460 CE General Attorney Services.