TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-5834
Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman James Lawrence, Councilman
Martin Blanden, Councilman Wanda Partridge, Councilperson
Town Board Meeting
September 14, 2009
A Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the14th day of September 2009.
Present
Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Martin Blanden------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk
Absent
Robert Ferris---------------------------Councilman
Attended by: Kevin Young, Bruce Knox and Allan Tavenner
Supervisor Richard Tompkins opened the public hearing at 7:30 pm. Pledge of Allegiance
COMMENTS FROM THE FLOOR
Bruce Knox expressed interest in forming a committee for a park, pavilion, ball field on the property behind Tubs and Stuff on Route 23, which is owned by NYDEP. Supervisor Richard Tompkins had previously spoken to NYDEP about this property to do the same, and the city is willing to work with us. Board will need to find 4 people to form a committee. Mr. Knox also wanted to know who was paying for the water. Supervisor Richard Tompkins told him that, only the people that are served by the water district, pay for the water. Knox also commented on the stumps on Partridge Road, Supervisor Tompkins advised him that it’s a Highway Department issue and that he should contact the Ashland Highway Department.
HAMLET EXPANSION
The property that the board has designated for the hamlet is in question. Lots need to be able to be developed have good soil and views. Board needs to go through the lots and define the areas and respond by September 16, 2009. Board would like to get Soil and Water to come and inspect properties together and redefine the hamlet. Kevin Young will set up a meeting to go over the hamlet expansion.
RESOLUTION #33
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
AGREEMENT BETWEEN THE CITY OF NEW YORK AND THE TOWN OF ASHLAND FOR PAYMENT OF CERTAIN OPERATION AND MAINTENANCE COSTS FOR THE ASHLAND WASTEWATER TREATMENT PLANT
SEPTEMBER 14, 2009
At the Town Board meeting on September 14, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
WHEREAS; the Town Board of the Town of Ashland Has entered into a contract with the Catskill Watershed Corporation (“CWC”) for the construction of a wastewater collection system and wastewater treatment plant (the “Project”) under the City of New York’s Community Wastewater Management Program; and
WHEREAS; the Town Board has previously determined that the Project will benefit the health and welfare of the residents of Ashland by Providing them with safe and reliable municipal sewer services, that the Project will aid in the development of Ashland and that the Project will be beneficial to the environment by the elimination of aging and/or failing subsurface septic systems; and
WHEREAS; an Operation and Maintenance Contract has been prepared between the Town of Ashland and the New York City Department of Environmental Protection; and
WHEREAS; the Town Board has reviewed and hereby approves said Operation and Maintenance Contract.
WHEREFORE; be it resolved that the Town Board authorizes the Supervisor to execute the Operation and Maintenance Contract.
WHEREUPON; the Resolution was put to a vote and recorded as follows:
A motion to adopt this resolution was made by Councilperson, James Lawrence and seconded by Councilperson, Martin D. Blanden.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins _X___ _____
Robert C. Ferris Absent _____
James Lawrence _X___ _____
Wanda Partridge _X___ _____
Martin D. Blanden _X___ _____
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
RESOLUTION #34
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
SEPTEMBER 14, 2009
RESOLUTION AUTHORIZING THE TOWN BOARD OF THE TOWN OF ASHLAND TO SELL EXCESS PROPERTY TO NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION
At the Town Board meeting on September 14, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
WHEREAS; the Town of Ashland (“Town”) owns a parcel of property located at NYS Route 23, Town of Ashland, Greene County, currently designated as Tax map No.
93.-2-7, which contains 114.92 acres (“Property”); and
WHEREAS; the Town entered into an agreement with the Catskill Watershed Corporation (“CWC”) to provide funding for the planning, design, construction and supervision of a sewage collection system and wastewater treatment plant for the Town; and
WHEREAS; the CWC, through its engineer, conducted extensive investigation, planning and design of the wastewater treatment plant; and
WHEREAS; the CWC, Town and its engineer determined that the Town needed to obtain the Property for the installation of the wastewater treatment plant; and
WHEREAS; the Town, through funds received from CWC, purchased the Property on August 7, 2009 for $389,578.80 ($3,390 per acre). The price of $3,390 acres was based on the amount of money that New York City Department of Environmental Protection (“NYCDEP”) would pay for vacant property in Greene County located in the New York City Watershed; and
WHEREAS; the Town subdivided the Property into two lots as shown on the attached survey map prepared by Rettew Engineering & Surveying, P. C., dated July 3, 2009; and
WHEREAS; the Town needs Lot 1 (13.50) for the installation of the wastewater treatment plants but has no need for Lot 2 (101.42 acres); and
WHEREAS; when real property is no longer needed for Town purposes, the Town Board, upon adoption of the resolution subject to permissive referendum, may convey real property in accordance with New York Town Law Section 64(2); and
WHEREAS; under Town Law Section 64(2), when selling unneeded real property, the Town Board has a fiduciary duty to secure the best price obtainable for the most beneficial terms in the public interest. The method of sale chosen is within the Town Board’s discretion, but such method should be one which the Board believes will yield the best price or maximum financial benefit. To fulfill this fiduciary duty, the Town Board has taken all appropriate measures, which included obtaining the opinion of CWC and licensed real estate broker, listing the property with real estate brokers and seeking buyers; and
WHEREAS; pursuant to an offer letter dated June 29, 2009, NYCDEP has offered to purchase Lot 2 for $1,840 per acre based upon an appraisal prepared by Hudson Valley Appraisal. A copy of the letter of offer is attached as Exhibit A.
WHEREAS; the funds from the sale of Lot 2 will be reinvested to the Block Grant provided by CWC and CWC has approved of the sale price.
NOW, THEREFORE, BE IT RESOLVED, that the Board has determined that this Property is not needed by the Town for any purpose and that the purchase price if the best price attainable.
BE IT FURTHER RESOLVED, that the Board authorizes the Town Supervisor to execute any and all contracts, agreements, and other documents as necessary to sell the
Property to the NYCDEP providing such documents meet the Town Board’s objective in preserving said parcels for historic uses.
BE IT FURTHER RESOLVED, that this resolution is subject to a permissive referendum in the manner provided in Town Law Section 64(2) and Section 90.
BE IT FURTHER RESOLVED, after passing such a resolution and within 10 days of its adoption, the Town Clerk shall post and publish a notice, in the same manner as provided for a notice of a special election, which shall set forth the date of the adoption of the resolution and contain an abstract of such resolution concisely stating the purpose and effect thereof. The notice shall specify that such resolution was adopted subject to permissive referendum in accordance with Town Law Section 90. Any such resolution shall take effect 30 days after its adoption unless the Town Clerk received a petition signed and acknowledged within 30 days after the adoption of the resolution seeking a permissive referendum.
A motion to adopt this resolution was made by Councilperson, Martin D. Bladen and seconded by Councilperson, Wanda Partridge.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris Absent _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X__ _____
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
Town Attorney Tal Rappleyea came in at 8:20 pm.
WATER STORAGE LOCATION OPTIONS
Allan Tavenner addressed the board to find an area for the water storage tank; it would be 20 to 40 feet high. Board is going to review the map to find a place for the tank.
RESOLUTION #35
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
SEPTEMBER 14, 2009
WHEREAS; the Town Board of the Town of Ashland has heretofore determined that the establishment of a public water supply and district is necessary for the public safety and welfare of the Town, which district was and is known as Ashland Water District #1; and
WHEREAS; thereafter the Town Board of the Town of Ashland determined that it is necessary to extend such district; and
WHEREAS; the Town Board held a public hearing on the 10th day of August 2009 in accordance with 209-d of the NYS Town Law for the purpose of creating such extension, and
WHEREAS; the Town Board of the Town of Ashland adopted an Order in accordance with the said Section 209-d of the NYS Town Law on the 14th day of September 2009, and
WHEREAS; the Town Board passed a resolution subject to a permissive referendum on September 14, 2009 establishing a water district, and
WHEREAS; the Town Board has since determined that the engineering and financing plan for such initial water district must be amended, and
WHEREAS; the Town Board has found in the affirmative that all requirements of Section 209-e (1) of the NYS Town Law have been satisfied.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the establishment of the water district extension with the boundaries being determined as set forth in the notice for the public hearing, the Order and attached hereto as Schedule “A”; and it is further
RESOLVED; that the permission of the NYS Comptroller is not required for the within action since all matters herein are consistent with the requirements of Section 209-f of the NYS Town Law, and it is further
RESOLVED; that this resolution shall be subject to a permissive referendum.
A motion to adopt this resolution was made by Councilperson, James Lawrence and seconded by Councilperson, Wanda Partridge.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris Absent _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X__ _____
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
Board discussed the order of the USDA loan. Letter to set aside money, then the board agrees and takes the loan. Permit with DEC for pump. Application will be ready in about a month, the middle of October. Archeologist needs to do test by well. 2.7 million-dollar bond note needs to be renewed every 2 years. Resolution to proceed forward with the grant, we need to lock in the loan. Need to set up separate account for water district as payments come in.
MOTION-A motion was made by Councilman Martin Blanden to hire Rapport, Myers, Whitbeck, Shaw and Rodenhausen as Bond Council for the Town of Ashland, seconded by Councilperson Wanda Partridge, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
RESOLUTION #36
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
SEPTEMBER 14, 2009
AUTHORIZATION TO SUBMIT A 2010 USDA RURAL DEVELOPMENT APPLICATION FOR CONSTRUCTION OF A PUBLIC WATER SUPPLY SYSTEM
WHEREAS; the Town of Ashland is eligible to apply for the USDA Rural Development Grant assistance and financing; and
WHEREAS; the Town of Ashland has held two public hearings with respect to the 2010 USDA Rural Development Grant application and the proposed Public Water Supply System; and
NOW, THEREFORE, BE IT RESOLVED; by the Ashland Town Board that the Supervisor be and is hereby authorized to submit a 2010 USDA Rural Development Grant application; and
BE IT FURTHER RESOLVED; the Town Supervisor be authorized to conduct and grant agreements and funding approvals for any USDA Rural Development grant awarded, and to take actions necessary to implement the proposed project upon approval from the USDA.
A motion to adopt this resolution was made by Councilperson, Martin D. Blanden and seconded by Councilperson, Wanda Partridge.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris Absent _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X__ _____
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
MOTION-A motion was made by Councilman James Lawrence to rehire Attorney Tal Rappleyea for formation of extension of Water District, legal services and other provisions, seconded by Councilperson Wanda Partridge, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
MOTION-A motion was made by Councilman James Lawrence to hire Birchwood Archaeological Services to perform the following cultural resource management services for Delaware Engineering and the Town of Ashland, seconded by Councilman Martin Blanden, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
Allen Tavenner has informed the board that Birchwood Archaeologist should be here in town by the end of next week.
MOTION- A motion was made by Councilman James Lawrence to put out to bid a second well with 8-inch screen and 12-inch casing, seconded by Councilperson Wanda Partridge, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
RESOLUTION # 39
TOWN OF ASHLAND TOWN BOARD
September 14, 2009
WHEREAS, the Town Board of the Town of Ashland has determined that the Town water district requires an additional well to provide uninterrupted service to the users within such district; and
WHEREAS, the Town of Ashland engineers are preparing the bid specifications for such additional well.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ashland hereby authorizes the Town Supervisor or his designee(s), upon completion of the specifications, to publish and bid such specifications for the proposed second water well.
Town Board Members Aye Nay
Richard E. Tompkins X
James Lawrence X ______
Robert Ferris Absent ______
Wanda Partridge X
Martin Blanden X
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
MILTON PETROU PROPERTY
Allan Tavenner will contact John Brust about Petrou property so that all parties can gather and finish issues on Milton property.
JUSTICE COURT-SUGGESTED ANNUAL REVIEW
For another $1200 the accounts would do both Judges books. Board has decided that their will be no change in the audit of the books.
MOTION-A motion was made by Councilman James Lawrence to make no changes with the review of the Judges books, seconded by Councilperson Wanda Partridge, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
RESOLUTION # 37
TOWN OF ASHLAND TOWN BOARD
September 14, 2009
WHEREAS, the Town Board of the Town of Ashland has determined that the Town Highway Department requires new equipment and snow plow accessories to assist in the plowing and winter maintenance of the Town Highways; and
WHEREAS, in order to purchase such equipment and snow plow accessories, the Town Board must go out to bid for same, and
WHEREAS, the Town of Ashland Highway Superintendent is preparing the bid specifications for such equipment and snow plow accessories.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ashland hereby authorizes the Town Supervisor, Town Highway Superintendent or their designee(s), upon completion of the specifications, to publish and bid such specifications for the equipment and snow plow accessories.
Town Board Members Aye Nay
Richard E. Tompkins X
James Lawrence X
Robert Ferris Absent
Wanda Partridge X
Martin Blanden X
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
PAY FOR AMBULANCE
MOTION-A motion was made by Councilman Martin Blanden to pay for the new Ambulance before it goes to the radio shop, seconded by Councilman James Lawrence, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
AMBULANCE STRETCHER
MOTION-A motion was made by Councilman James Lawrence to purchase a stretcher for the ambulance, seconded by Councilman Martin Blanden, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
COMMUNICATIONS
Letter from Ben Funk, that the new plow truck is ordered.
Ambulance write-offs
DEP’s agreement to coordinate the WWTP & water district projects
Greene Stream Team
Community Natural Resource Solutions
Andrew Alberti-Resident-Supervisor Richard Tompkins signed off
Chargeback’s
Land Acquisition #3523 & #76.00-2-17 for planning board to have a public hearing
Town Clerk Monthly Report-signed
DCEC- clerk to scan to board
RESOLUTION #9
TOWN OF ASHLAND
GENERAL FUND RESOLUTION OF 2009
SEPTEMBER 14, 2009
At the Town Board meeting on September 14, 2009 Councilperson,
Richard E. Tompkins offered the following resolution and moved its adoption.
TRANSFER FROM TRANSFER TO
Unexpended Fund Balance Town Board – Contr Misc.
$6043.55 #1010499
$6,043.55
Unexpended Fund Balance Engineer – Contr/Misc.
$5,817.35 #1440499
$5,817.35
Garbage Contratual Exp. Town Hall - Equipment
#5132499 #1620-2
$1,105.72 $1,105.72
Contingent Fund Ambulance Repairs
#1990-4 #4540405
$451.32 $451.32
A motion to adopt this resolution was offered by Councilperson, Martin D. Blanden and seconded by Councilperson, Wanda Partridge. Motion carried.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris Absent _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X__ _____
________________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
RESOLUTION #38
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
SEPTEMBER 14, 2009
At the Town Board meeting on September 14, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
To authorize the Supervisor to use $11,860.90 of Unappropriated Fund balance accounts in the General Fund for 2009 as per General Fund Resolution # 9 of 2009.
Also, to adjust the budget, the Town Board has increased revenues in the Appropriated Fund Balance Account, and also increased the Appropriation Account for the expense in the amount mentioned above.
A motion to adopt this resolution was made by Councilperson, James Lawrence and seconded by Councilperson Martin D. Blanden.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris Absent _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X__ _____
____________________________________
Justine L. Koehler
Town Clerk
Dated: September 14, 2009
Ashland, New York
PAY THE BILLS
General $26,493.49
Highway $2008.68
Lighting $217.02
MOTION-A motion was made by Councilman James Lawrence to pay the bills as written, seconded by Councilperson Wanda Partridge, motion was:
Adopted Ayes 4 Tompkins, Lawrence, Blanden, Partridge
Nays 0
Absent 1 Ferris
Motion was made by Councilman Martin Blanden to close the meeting at 10:00 PM.
_____________________________
Justine L Koehler
Town Clerk
Town of Ashland
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