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Town of Ashland, NY

Town Board Minutes

TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-4760

Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman                                 James Lawrence, Councilman
Martin Blanden, Councilman                                  Wanda Partridge, Councilperson

 

TOWN BOARD MEETING
May 12, 2008

            A Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the 12th day of May 2008.

Present                        Robert Ferris---------------------------Councilman
James Lawrence-----------------------Councilman
Martin Blanden------------------------Councilman

Justine L Koehler----------------------Town Clerk

   Absent             Richard Tompkins---------------------Supervisor
Wanda Partridge-----------------------Councilperson

Attended by: John Brust-Delaware Engineering and Cia Bruno

Deputy Supervisor Robert Ferris opened the meeting at 7:40 p.m. with the pledge to the flag.

DELAWARE ENGINEERING-JOHN BRUST

John Brust from Delaware Engineering gave each board member a pamphlet of qualifications, Civil Engineering and Professional Planning Services.  Board had lengthily discussion and many questions.  Mr. Brust travels about 1000 miles a week, his group is always on the road and available.  His cell phone # 852-0004 home-868-2830.

 

CIA BRUNO-TRAILER-BEHIND TOWN HALL PROPERTY

Cia Bruno had met last month with the planning board and now has come to the board to request to put a trailer on property that is not owned by her at this time.  Her plan is to put the trailer on the property she will buy if the Town of Ashland will permit her to do that without putting water or sewer in at this time.  She plans to leave it there for

Five years and then hook everything up.   Board informed her that is against the Town of Ashland Town Law and  can not be done.  Councilman James Lawrence told her she needed to have plot plans and where everything would be in order to put the trailer on any property in Ashland.

Cia Bruno also praised Dan Rion and would like to build a museum, she asked the board to adopt a resolution to have a museum in his honor.  Board could not adopt a resolution at this time but will support any endeavors toward this.

Town Board Meeting

RESOLUTION #14
Batavia Kill Stream management Program

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2008

               MAY 12, 2008

At the Town Board meeting on May 12, 2008, Councilman, Richard E. Tompkins, offered the following resolution and moved its adoption.

WHEREAS;  The Greene County Soil & Water Conservation District (GCSWCD) and NYCDEP Stream Management Program (NYCDEP-SMP) have worked with watershed stakeholders in the Batavia Kill watershed to study and assess the current and predicted conditions of the Batavia Kill stream, and

WHEREAS;  the GCSWCD and NYCDEP-SMP have used the data and information collected during their investigations of the Batavia Kill to develop a comprehensive Stream Management Plan for the Batavia Kill stream, and

WHEREAS;  The Batavia Kill Stream Management Plan addresses many of the concerns shared by GCSWCD, NYCDEP, Local Municipalities and watershed landowners, and

 

WHEREAS;  The Batavia Kill Management Plan sets forth many recommendations for local, city, state, and federal cooperation to maintain, preserve, restore or otherwise manage the Batavia Kill stream, and

WHEREAS;  The Town of Ashland supports the Stream Management Plan and seeks to formally adopt said plan as a guidance document for stream related activities, and

WHEREAS; Pursuant to Article 8 of the Environmental Conservation Law, Chapter 43 of the Consolidated Laws of New York, as amended, and the adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (collectively, the “SEQR Act”), a determination as to the potential environmental significance of the Project is required to be made, and

WHEREAS;  the Town of Ashland will serve as the Lead Agency for the purpose of completing the SEQRA requirements for adoption of the Batavia Kill Stream Management Plan,

NOW, THEREFORE BE IT RESOLVED;  That the Town of Ashland has determined that the Adoption of the Batavia Kill Stream Management Plan is a Type 1 Action under SEQRA and will serve as the Lead Agency.  The Town of Ashland Has identified NYSDEC, NYSDOS,US Army Corp of Engineers, NYSDOH, US Environmental Protection Agency, NYCDEP, and the Ashland Planning Board to be interested parties which may have permitting or approval responsibilities associated with the project.

A motion was offered from James Lawrence with a second from Martin D. Blanden to adopt this resolution.  Motion carried.

 

 

ADOPTED                             TOWN BOARD MEMBERS                        AYE                NAY
Richard E. Tompkins                          Absent             _____
Robert C. Ferris                                  __X__             _____
James Lawrence                                  __X__             _____
Wanda Partridge                                 Absent             _____
Martin D. Blanden                              __X__             _____

_____________________________
Justine L. Koehler
Town Clerk
Dated:  May 12, 2008
Ashland, New York

 

RESOLUTION # 15-2008

Preconstruction Phase

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2008

MAY 12, 2008

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ASHLAND AUTHORIZING PARTICIPATION IN PRE-CONSTRUCTION PHASE OF THE WASTEWATER MANAGEMENT PROJECT IN THE HAMLET OF ASHLAND

WHEREAS; the Town Board of the Town of Ashland previously entered into an agreement (the “Agreement”) with the Catskill Watershed Corporation (“CWC”) to participate in the Community Wastewater Management Program, which program will provide for the design and construction of a wastewater management program project in the Hamlet of Ashland; and

WHEREAS; CWC’s consultant for the Program, Lamont Engineers, has prepared a Preliminary Engineer’s Report for the Hamlet of Ashland, dated December, 2007 and supplement dated March, 2008, evaluating various alternative methods for managing the wastewater needs of the Hamlet of Ashland, such report marking the end of the Study Phase of the project; and

WHEREAS; the Town has reviewed the Preliminary Engineer’s Report and supplement prepared by Lamont Engineers; and

WHEREAS; based upon its review of the Preliminary Engineer’s Report and Supplement, the Town Board wishes to proceed to the Pre-Construction phase of the Project as set forth in Section 2.05 of the Agreement, such schedule to be agreed upon by the Town and CWC; and

WHEREAS; pursuant to Section 2.05(A) of the Agreement, the Town must acknowledge in writing its desire to continue into the Pre-Construction Phase of the Project; and

WHEREAS; pursuant to Section 2.06(B) of the Agreement, the Town may terminate participation in the program if the bids received by the Town for construction are greater than the amount reserved for that purpose
Town Board Meeting
May 12, 2008 Page 4

in the Block Grant, and the Town and CWC are unable to agree to modifications to the Program to bring the anticipated cost within the Block Grant amount;

THEREFORE, NOW BE IT RESOLVED THAT;

  1. The Town of Ashland by and through its Town Board, desires to continue with the Pre-Construction Phase of the Community Wastewater Program for the Hamlet of Ashland, and
  2. The Town Board hereby authorizes the Town Supervisor to execute any and all Documents for the Hamlet of Ashland on behalf of the Town as may be necessary to continue with the Pre-Construction Phase.

A motion was offered from Martin D. Blanden with a second from James Lawrence to adopt this resolution.  Motion carried.
ADOPTED                             TOWN BOARD MEMBERS                        AYE                NAY
Richard E. Tompkins                          Absent             _____
Robert C. Ferris                                  __X__             _____
James Lawrence                                  __X__             _____
Wanda Partridge                                 Absent             _____
Martin D. Blanden                              __X__             _____

_____________________________
Justine L. Koehler
Town Clerk
Dated:  May 12, 2008
Ashland, New York

 

PLANNING BOARD MEMBER-BURDETTE DEWELL

Burdette Dewell sent the board a letter interested in the position open on the planning board.  Board would like to meet with him at the next board meeting on June 9, 2008 at 7:00 p.m.  Board would also like to check with Supervisor Richard Tompkins to see if any other people are interested in the position.

FOLLOW UP WITH ERIK ALLAN ON CONTAINERS FOR CLEAN UP WEEK

Highway superintendent Erik Allan told the board that the containers will be dropped off at the highway department on Friday May 16, 2008

ESTIMATE FOR ROOF REPAIR FROM JEREMIE YOUNES

Estimate from Jeremie Younes is $8,876.25, Councilman Lawrence would like a more detailed estimate, table until June board meeting.  Lawrence gave John Brust copy of estimate and is going to check with another roof builder.

LOCAL LAW #1 OF 1987 REPEAL
MOTION-A motion was made by Councilman Martin Blanden to repeal Local Law # 1 of 1987, seconded by Councilman James Lawrence, motion was:
ADOPTED:    Ayes     3 Ferris, Blanden, Lawrence
Nays     0
Absent  2 Tompkins, Partridge
Town Board Meeting
May 12, 2008 Page 5

Local Law Filing             NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231                  

 

(Use this form to file a local law with the Secretary of State.)

Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 County                              ASHLAND
City           of -----------------------------------------------------------------------------------           
Town
Village
1                                      08
Local Law No. -------------------------------      of the year 20---------

                                       FLOOD PREVENTION
A local law-----------------------------------------------------------------------------------------------------------------
(Insert Title)

                              ---------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
TOWN BOARD
Be It enacted by the-------------------------------------------------------------------------------------------- of the
(Name of Legislative Body)

                                    County                                              ASHLAND
City                    of------------------------------------------------------------------------------------ as follows:
Town
Village

PLEASE SEE ATTACHED                 
(If additional space is needed, attach pages the same size as this sheet, and number each.)

(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)

1. (Final adoption by local legislative body only.)

I hereby certify that the local law annexed hereto, designated as local law No.             1                    of 2008
of the (County)(City)(Town)( Village) of           ASHLAND                                                 was duly passed by the
TOWN BOARD                        on                            MAY 12     2008, in accordance with the applicable provisions of law.
(Name of Legislative Body)

 

2.  (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.)

I hereby certify that the local law annexed hereto, designated as local law No.                         of 20             
of the (County)(City)(Town)(Village) of                                                                               was duly passed by the
on                         20         and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the                                                              and was deemed duly adopted on                          20       ,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.

 

3.  (Final adoption by referendum.)

I hereby certify that the local law annexed hereto, designated as local law No.                                       of 20      
of the (County)(City)(Town)( Village) of                                                                              was duly passed by the
on                    20              , and was (approved)(not approved)(repassed after
(Name of Legislative Body)                            
disapproval) by the                                                              on                       20         Such local law was submitted
(Elective Chief Executive Officer*)

to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on                      20       , in accordance with the applicable provisions of law.

 

4.       (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)

I hereby certify that the local law annexed hereto, designated as local law No.                       of 20__________  
of the (County)(City)(Town)( Village) of _________________________________was duly passed by the
on ___________________________________20_____, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the                                                              on                        20____. Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ________________20____, in accordance with the applicable provisions of law.


____
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county­wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.

 

DOS-239 (Rev. 05/0  (If any other authorized form of final adoption has been followed, please provide an appropriate certification.)

I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph      1     , above.

                                                                                                                                                           
Clerk of the County legislative body, City, Town or Village Clerk
or officer designated by local legislative body

     (Seal)                                                             Date:________________________________________

 

(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.)

STATE OF NEW YORK
COUNTY OF

I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto.

                                                                                                                                                           
Signature
ATTORNEY FOR THE TOWN            
Title

                                                                                    County
City           of               ASHLAND                 
Town
Village

                                                                                                                Date:                                                   

REVIEW LETTER FROM THOMAS CROSS TO REGINALD WILLCOCKS
Thomas Cross sent a letter to Reginald Willcocks about his complaints brought to Chairperson Sondra Clark of the planning board.  Mr. Willcocks believes that his neighbor is throwing wood debris onto his property and that the septic could be in the wrong place and also water is draining onto his property.  Thomas Cross responded with a letter to Reginald Willcocks.  The word Mr. Willcocks used for the neighbor’s material
on his property was encroachment, however the terminology is actually trespass which is an item for the Greene County Sheriff or New York State Police. Trespassing is not my jurisdiction or my responsibility.  About the septic the NYCDEP handles that so he recommended that he contact them directly @ 845-657-5745.  The water drainage onto his property is a civil matter or perhaps NYSDEC.  That letter was dated May 9, 2008.

COMMUNICATIONS
Insurance Renewal
All Natural Hazards Plan-May 20, 2008 6:30 someone on the board needs to go?
NIMS compliance-May 22, 2008, 6:30
Historical slide show by Larry Tompkins May 22, 2008 @ 7:30 Ashland church
Sprouts-looking for funding?  Address in June
Sondra Clark sent maps from Arti Coyle
Board would like to know if there have been any sales on Megerle property?
EOP- Board would like for Supervisor Richard Tompkins to be in attendance for this
Town Clerk Monthly report

BATAVIA STREAM FESTIVAL
Batavia stream festival is going to be at the Country Suite on August 9, 2008 they are once again looking for donations.
MOTION-A was made by Councilman Martin Blanden to buy services of up to $1,000, seconded by Councilman James Lawrence, motion was:
Adopted:         Ayes    3 Ferris, Lawrence, Blanden
Nays    0
Absent 2 Tompkins, Partridge

MAGUFFIN ACCOUNT
Mr. James Maguffin sent a letter to the Town Clerk advising her that he has notified Kaaterskill Associates to stop inspections on Route 10 property until further notice.
MOTION-A motion was made by Councilman Martin Blanden with advice from Town Attorney Tal Rappleyea to close this account and send Mr. Maguffin his money back, seconded by Councilman James Lawrence, motion was:
Adopted:        Ayes    3 Ferris, Lawrence, Blanden
Nays    0
Absent 2 Tompkins, Partridge

 

PAY THE BILLS
General            $2,977.62
Highway         $8,417.72
Lighting          $164.90

MOTION-A motion was made by Councilman James Lawrence to pay the bills as written, seconded by Councilman Martin Blanden, motion was:
Adopted:         Ayes    3 Ferris, Lawrence, Blanden
Nays    0
Absent 2 Tompkins, Partridge

 

Motion was made by Councilman Martin Blanden to close the meeting at 10:00 pm

 

.                                                                                   ______________________________
Justine L. Koehler
Town Clerk