TOWN OF BERKSHIRE

REGULAR MEETING

APRIL 8, 2003

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THE TOWN BOARD OF THE TOWN OF BERKSHIRE HELD THEIR REGULAR MEETING ON APRIL 8, 2003 IN THE TOWN HALL.

MEETING CALLED TO ORDER WITH THE PLEDGE OF ALLIGENCE AT 7:30 PM. BY SUPERVISOR HARTWIG.

BOARD MEMBERS PRESENT WERE: RICHARD ODOM, WILLAM SIMMONS, JOHN CEURTER, AND TRUDY BENTLEY, ALSO PRESENT WAS KARL SPOONHOWER, SUP’T OF HWYS.

CORRECTION TO THE MARCH 11, 2003 MINUTES ARE: HIGHWAY TOTAL TO READ $44,802.15 AND THE BOOKKEEPER WARRANT TO READ $3,342.08 APPROVAL OF MINUTES OF MARCH 11, 2003, MEETING WITH CORRECTIONS WAS MADE BY WILLIAM SIMMONS, SECONDED BY RICHARD ODOM. CARRIED

COUNTY LEGISLATOR—ABSENT.

PRIVILEGE OF THE FLOOR—NO COMMENTS.

COMMUNICATIONS AND PETITIONS:

1. PLANNING BOARD MINUTES OF FEB. 25, 2003 WERE LEFT TO BE READ AND TO BE FILED.

REPORTS:

A. CO. PLANNING BOARD—GEORGE SWANEY— 1. COURT STREET BRIDGE UNDERWAY SHOULD BE DONE BY JUNE. 2. HOWLAND BROS.-- PRESSURE IS BEING USED TO SPEED UP THINGS. 3. JOHN CEURTER ASKS ABOUT NEW OFFFICE BUILDING “DO WE REALLY NEED THIS?” IMPACT STUDY DONE NOT SURE OF COST AND SIZE AS YET. NOTHING DEFINITE AS YET.

B. HIGHWAY—KARL AND HIS MEN HAVE PUT UP REST OF SHEDS, ROOF AND SIDES ALMOST DONE. HAULING CINDERS AND PUT NEW BOX ON DUMP TRUCK.

C. CODE ENFORCEMENT—HAS BEEN ATTENDING SCHOOLS. READ REPORT AND LEFT REPORT FOR FILING.

D. PLANNING BOARD—GEORGE SWANEY—SITE PLAN REDONE AS WAS DISCUSSED BY THE BOARD, ALMOST READY. WILLPRESENT TO BOARD AT MAY MEETING, FLOOD PLAN REVIEW COMPLETE. HAVE GONE OVER LOCAL LAWS TO SEE IF ANY CHANGES ARE NECESSARY, WILL HAVE TOWN ATTY. GO OVER THE ADULT ENTERTAINMENT ORDINANCE . THE BUILDING PERMIT LOCAL ORDINANCE IS BEING LOOKED AT.

APRIL 8, 2003

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JUNK CAR LAW—SOME CHANGES ARE GOING TO BE SUGGESTED. POSSIBLE LOCAL LAW FOR LOGGERS THAT ENTER FROM AND EXIT ONTO TOWN ROADS, THERE WILL BE NO COST TO LOGGERS. THIS IS TO KEEP THE TOWN ROAD IN GOOD SHAPE. MAKE IT A SEPARATE LAW.

E. CLERK PASSED HER REPORT AND TURNED IN $1200.85 IN PENALITIES FOR MARCH.

F. DOG CONTROL—ABSENT.

G. JUSTICE REPORT—PASSED AND FILED FOR MARCH.

H. COMMITTEE REPORTS: HWY-- INVENTORY DONE, AND CLOSE OUT OF REPAIRS ALMOST DONE. TRUDY DONE WITH HER AUDITS, NEEDS TO MAKE COPIES, WILL BE HERE FOR MAY MEETING.

I. SUPERVISOR: CD UPDATE & CASH FLOW PASSED. WE ARE ELIGIBLE FOR FEMA MONEY DUE TO THE LARGE AMOUNT OF SNOW ON 1-4 & 1-5, EXTRA COST FOR SNOW REMOVAL TO US. AND ANOTHER AMOUNT OF MONEY

WILL COME FOR VOLUNTEER WORK (RED CROSS). MIKE SIMMONS TURNED IN THE PAPER WORK.

OLD BUSINESS:

1. TOWNWIDE TRASH PICK-UP WILL BE WEEK OF MAY 5-10, 2003. THERE WILL BE RULES TO FOLLOW, SO WATCH THE TOWN NEWSLETTER FOR THEM.

2. COAL BUILDING DISPOSITION—TERRY VANDERPOOL APPEARED BUT JIM CEURTER DIDN’T. SUPEVISOR SAID WE SHOULD GET RID OF IT TONIGHT.

TERRY WILL ALSO TEAR DOWN THE COAL SHED AFTER THE PATCH BUILDING IS ALL CLEANED UP. WILL ABIDE BY SAME RULES AS SET FOR THE PATCH BLDG. WILL PAY THE TOWN $1.00 FOR THIS. MOTION TO ALLOW TERRY TO REMOVE BOTH BUILDINGS WAS MADE BY RICHARD ODOM. SECONDED BY TRUDY BENTLEY. WILL BE DONE IN OCTOBER. ROLL CALL VOTE: HARTWIG-AYE, ODOM-AYE, SIMMONS-AYE, CEURTER-ASTAINS, BENTLEY-AYE. 4 AYES, 1 ASTAIN. CARRIED.

3. BID OPENING ON HIGHWAY EQUIPMENT RENTAL: THREE BIDS RECEIVED,

1. KARL R. SPOONHOWER BIDS:

WITH OPERATOR; WITHOUT OPERATOR;

EXCAVATOR $70./HR. EXCAVATOR $55.00/HR.

DOZER $45.00/HR. DOZER $35.00/HR.

BACKHOE $45.00/HR BACKHOE $35.00/HR

2. LIDDINGTON TRUCKING BID: WITH OPERATOR; EXCAVATOR $82.50/HR., DOZER $72.50/HR. AND BACKHOE $65.00/HR.

3. HOFFMIER CONSTRUCTION BID: WITH OPERATOR; EXCAVATOR $65.00/HR.,

DOZER $45.00/HR., AND BACKHOE $55.00/HR.

MOTION TO AWARD BID TO KARL R. SPOONHOWER WAS MADE BY RICHARD ODOM. SECONDED BY JOHN CEURTER. ROLL CALL VOTE: HARTWIG-AYE,

APRIL 8, 2003

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ODOM-AYE, SIMMONS-AYE, CEURTER-AYE, BENTLEY-ASTAINS. 4 AYES 1 ASTAIN. CARRIED.

NEW BUSINESS:

1 WENDY WALSH OF TIOGA CO. SOIL AND CONSERVATION –PASSED LITERATURE AND WENT OVER IT (STORM WATER POLLUTION PREVENTION PLAN).

2. VARIANCE REQUEST—DELBERT ARMSTRONG HAS A TRAILER AND IS USING IT FOR A SHOP, NOT LIVING IN IT. PLANS TO REPLACE WITH A BUILDING IN FUTURE. JOHN CEURTER MADE A SUGGESTION TO GRANT A 60 DAY TIME FRAME. NEEDS TO CLEAN UP AROUND IT. GET RID OF OLD BUILDINGS ETC. THEN ARMSTRONG CAN COME BACK AND REAPPLY FOR ANOTHER VARIANCE, THIS GIVES THE CODE ENFORCEMENT OFFICER A CHANCE TO SEE IF HE CLEANS UP THE AREA.

MOTION BY WILLIAM SIMMONS TO GRANT VARIANCE AS LISTED ABOVE. SECONDED BY JOHN CEURTER. 5 AYES, NO NOES. CARRIED.

4. SAVINGS ACCOUNT WITH MORGAN CHASE BANK—INTEREST CAN BE MADE IN A SAVINGS ACCOUNT OVER THE CD’S IN NBT. SUPERVISOR HARTWIG NEEDS AN AUTHORIZATION TO DO THIS. MOTION BY TRUDEY BENTLEY, SECONDED BY RICHARD ODOM TO AUTHORIZE SUPERVISOR TO DO THIS. CARRIED.

5. TOWN HALL EXTERIOR: A DESIGN WAS PRESENTED AND LOOKED AT.

READY TO COME UP, FINISH DRAWING AND COLOR SCHEME. THE MOTION TO DO THIS WAS MADE BY RICHARD ODOM, SECONDED BY TRUDY BENTLEY. CARRIED.

6. ADOPT- A-HIGHWAY CLEAN-UP WILL BE APRIL 27, 2003 AT 9:00 AM, MEET AT SHEDS OR POST OFFICE.

WARRANTS:

GENERAL #15-#19 $395.35

HIGHWAY #59-#71 $2,143.29

BOOKEEPER $8,717.13

MOTION TO PAY WARRANTS AS AUDITED WAS MADE BY TRUDY BENT LEY, SECONDED BY WILLIAM SIMMONS, CARRIED.

MOTION TO ADJOURN AT 9:03 WAS MADE BY JOHN CEURTER, SECONDED BY TRUDY BENTLEY. CARRIED.

RESPECTIVELY SUBMITTED:

CONSTANCE M. LIDDINGTON—TOWN CLERK.