recreation

FEB 2004 TOWN BOARD MEETING
	Town of Berkshire Public Hearing February 10, 2004 Page 1 The Town of Berkshire held a public hearing on February 10, 2004, in the Town Hall. The Supervisor opened the meeting at 6:45 PM. Members present were: Dennis Whittaker, Albert Warner Jr., John Ceurter and Trudy Bentley. Also present was Karl Spoonhower, Sup’t of Hwys. The purpose of the public hearing was to hear comments for and against Local Law 1 of 2004. The public hearing was closed at 7:00 PM by Supervisor Hartwig. Regular Meeting: Supervisor Hartwig opened the regular meeting with the pledge of allegiance at 7:00 PM. All board members present. Correction to the Jan. 13, 2004 minutes: In the Organization Meeting the year was incorrect in the following sentence, “Town officers, appointed and elected, shall be compensated in the same matter as in 2003, in the amounts specified in the approved Town Budget for 2004” Dennis Whittaker made this correction. Trudy Bentley, seconded by Albert Warner Jr. made approval of minutes with this amendment. Carried. Privilege of the Floor—no comments. Communications and Petitions: 1. County Planning Board will hold their meeting on March 17, 2004 at 7:30 PM in the Town Hall. The public is encouraged to attend. 2. Planning Board Minutes for Dec. were passed and left to be filed by the Town Clerk. Reports: A. Co. Planning Board—absent B. Highway Dept.—Karl Spoonhower—Been plowing a lot of snow, working on the court room, almost done. Sent bill to logger who tore up Ford Hill Rd. but no response back.. C. Code Enforcement—Joe Ceurter—Read report and left it to be filed. D. Planning Board—absent E. Town Clerk—Passed report and a final check to the Town for their taxes $259,326.39. F. Justice—Charles Brundza left his report for filing. G. Dog Control—Albert Warner, Jr.—looking at late April for doing a dog census. H. Committee Reports—Hwy. Audit group hasn’t done anything yet nor has Trudy on the Clerk, and Supervisor. I. Supervisor—Passed updated CD list, cash flow report Old Business: Town of Berkshire Regular Meeting February 10, 2004 Page 2 1. Haefele TV Franchise—was turned down by New York State—too long a period between the public hearing and the signing of the agreement. Will run another ad for a new public hearing on 3-9-04 at 6:45 PM. Need a resolution again. Last page will be corrected to reflect the changes. 2. Dog Control Officer Appointment—Proposed Local Law No. 1-2004 —need to appoint Albert Warner Jr. to this position.(Conflict of interest appointed as dog control officer and elected as councilmen.) The County says can’t be done! New York says different—small rural towns, difficult to fill position, if a qualified person wants to do job whether he is appointed to a job and elected to a job. Approval to appoint Albert Warner Jr. as Dog Control Officer was made by Dennis Whittaker, seconded by Trudy Bentley. Carried. 3. Vanderpool Contract—“It is the opinion of the Berkshire Town Board hat the contractor is in default on his agreement with the Town requiring completion, by November 2003, of the coal building demolition and removal work. Despite having been granted several extensions, the contractor has not completed the work as of today Feb. 10, 2004. Realizing it is in the best interest of the Town to get this work completed by spring 2004, an additional extension until March 31, 2004 is granted. A full refund of the contractor’s deposit will be made upon completion by Mar. 31. Should the work not be completed by the end of March, but is completed by April 30, 2004, a 50% refund of the contractor’s deposit will be made. Should the work not be completed by April 30, 004 no refund shall be due to the contractor and the contractor will have no further rights to any remaining materials. The Town Board will at its discretion have the work completed as deemed appropriate.” Dennis Whittaker made this agreement , seconded by Supervisor Hartwig: Roll Call Vote; Hartwig—aye, Whittaker—aye, Warner—aye, Ceurter—nay, Bentley—aye. 4 ayes, I nay. Carried. 4. Resolution to Change meeting time was presented by Supervisor Hartwig. “The regular monthly meetings of the Town Board will begin at 7:00 PM on the second Tuesday of each month. Motion by John Ceurter Seconded by Albert Warner, Jr. Carried. 5. Supervisor Hartwig has two taxpayers whom wish to help with the oversight audits: Richard Odom will continue on the Highway audit and Anthony Marzolino will help Trudy do the Clerk/Collector audit. Trudy Bentley makes this motion seconded by John Ceurter. Carried. New Business: A. Shared Services Agreement Resolution was presented to the Board and copies to all members—a uniform agreement between the County and the Towns to legally use each others Machinery and man power. Master copy to be kept in the County. Working within the County. Dennis Whittaker made the motion seconded by John Ceurter to have the Supervisor sign this agreement. Carried. B. Trash Collection: Will do about the same as last year. The Supervisor and the Sup’t will publish this Looking at the week of May 3-8^th. C. Highway Equipment Bid—Bids to be received for and opened at the March 9, 2004 meeting at 7:00 PM. Specs were offered by the Sup’t of Hwys. Ad in Paper. D. Bids will be received for Roller—Specs advertised in paper for March 9, 2004 meeting and to be opened at 7:00 PM Regular Meeting Page 3 February 10, 2004 E. Atty. for the Town—Burt Seimans has moved away. Have no attorney at this time. Haven’t received his resignation at this time. Will be looking for one. Wait for Burt’s paper work to come. Warrants: General Fund #5-10 $3814.24 Bookkeeper $73,488.21 Highway #10-25 $15,379.08 Motion to pay warrants as audited was made by Trudy Bentley, seconded by John Ceurter. Carried. Motion to adjourn was made by John Ceurter seconded by Trudy Bentley at 7:55 PM. Carried Respectively Submitted: Constance M. Liddington Town Clerk

Town of Berkshire

Public Hearing

February 10, 2004

Page 1

The Town of Berkshire held a public hearing on February 10, 2004, in the Town Hall.

The Supervisor opened the meeting at 6:45 PM. Members present were: Dennis Whittaker, Albert Warner Jr., John Ceurter and Trudy Bentley. Also present was Karl Spoonhower, Sup’t of Hwys.

The purpose of the public hearing was to hear comments for and against Local Law 1 of 2004.

The public hearing was closed at 7:00 PM by Supervisor Hartwig.

Regular Meeting:

Supervisor Hartwig opened the regular meeting with the pledge of allegiance at 7:00 PM.

All board members present.

Correction to the Jan. 13, 2004 minutes: In the Organization Meeting the year was incorrect in the following sentence,

“Town officers, appointed and elected, shall be compensated in the same matter as in 2003, in the amounts specified in the approved Town Budget for 2004”

Dennis Whittaker made this correction. Trudy Bentley, seconded by Albert Warner Jr. made approval of minutes with this amendment. Carried.

Privilege of the Floor—no comments.

Communications and Petitions:

1. County Planning Board will hold their meeting on March 17, 2004 at 7:30 PM in the Town Hall. The public is encouraged to attend.

2. Planning Board Minutes for Dec. were passed and left to be filed by the Town Clerk.

Reports:

A. Co. Planning Board—absent

B. Highway Dept.—Karl Spoonhower—Been plowing a lot of snow, working on the court room, almost done. Sent bill to logger who tore up Ford Hill Rd. but no response back..

C. Code Enforcement—Joe Ceurter—Read report and left it to be filed.

D. Planning Board—absent

E. Town Clerk—Passed report and a final check to the Town for their taxes $259,326.39.

F. Justice—Charles Brundza left his report for filing.

G. Dog Control—Albert Warner, Jr.—looking at late April for doing a dog census.

H. Committee Reports—Hwy. Audit group hasn’t done anything yet nor has Trudy on the Clerk, and Supervisor.

I. Supervisor—Passed updated CD list, cash flow report

Old Business:

Town of Berkshire

Regular Meeting

February 10, 2004

Page 2

1. Haefele TV Franchise—was turned down by New York State—too long a period between the public hearing and the signing of the agreement. Will run another ad for a new public hearing on 3-9-04 at 6:45 PM. Need a resolution again. Last page will be corrected to reflect the changes.

2. Dog Control Officer Appointment—Proposed Local Law No. 1-2004 —need to appoint Albert Warner Jr. to this position.(Conflict of interest appointed as dog control officer and elected as councilmen.) The County says can’t be done! New York says different—small rural towns, difficult to fill position, if a qualified person wants to do job whether he is appointed to a job and elected to a job. Approval to appoint Albert Warner Jr. as Dog Control Officer was made by Dennis Whittaker, seconded by Trudy Bentley. Carried.

3. Vanderpool Contract—“It is the opinion of the Berkshire Town Board hat the contractor is in default on his agreement with the Town requiring completion, by November 2003, of the coal building demolition and removal work. Despite having been granted several extensions, the contractor has not completed the work as of today Feb. 10, 2004.

Realizing it is in the best interest of the Town to get this work completed by spring 2004, an additional extension until March 31, 2004 is granted. A full refund of the contractor’s deposit will be made upon completion by Mar. 31.

Should the work not be completed by the end of March, but is completed by April 30, 2004, a 50% refund of the contractor’s deposit will be made.

Should the work not be completed by April 30, 004 no refund shall be due to the contractor and the contractor will have no further rights to any remaining materials. The Town Board will at its discretion have the work completed as deemed appropriate.” Dennis Whittaker made this agreement , seconded by Supervisor Hartwig: Roll Call Vote; Hartwig—aye,

Whittaker—aye, Warner—aye, Ceurter—nay, Bentley—aye. 4 ayes, I nay. Carried.

4. Resolution to Change meeting time was presented by Supervisor Hartwig. “The regular monthly meetings of the Town Board will begin at 7:00 PM on the second Tuesday of each month. Motion by John Ceurter Seconded by Albert Warner, Jr. Carried.

5. Supervisor Hartwig has two taxpayers whom wish to help with the oversight audits:

Richard Odom will continue on the Highway audit and Anthony Marzolino will help Trudy do the Clerk/Collector audit. Trudy Bentley makes this motion seconded by John Ceurter.

Carried.

New Business:

A. Shared Services Agreement Resolution was presented to the Board and copies to all members—a uniform agreement between the County and the Towns to legally use each others

Machinery and man power. Master copy to be kept in the County. Working within the County. Dennis Whittaker made the motion seconded by John Ceurter to have the Supervisor sign this agreement. Carried.

B. Trash Collection: Will do about the same as last year. The Supervisor and the Sup’t will publish this Looking at the week of May 3-8^th.

C. Highway Equipment Bid—Bids to be received for and opened at the March 9, 2004 meeting at 7:00 PM. Specs were offered by the Sup’t of Hwys. Ad in Paper.

D. Bids will be received for Roller—Specs advertised in paper for March 9, 2004 meeting and to be opened at 7:00 PM

Regular Meeting

Page 3

February 10, 2004

E. Atty. for the Town—Burt Seimans has moved away. Have no attorney at this time. Haven’t received his resignation at this time. Will be looking for one. Wait for Burt’s paper work to come.

Warrants:

General Fund #5-10 $3814.24

Bookkeeper $73,488.21

Highway #10-25 $15,379.08

Motion to pay warrants as audited was made by Trudy Bentley, seconded by John Ceurter. Carried.

Motion to adjourn was made by John Ceurter seconded by Trudy Bentley at 7:55 PM. Carried

Respectively Submitted:

Constance M. Liddington

Town Clerk