TOWN OF BERKSHIRE

REGULAR MEETING

MAY 13, 2003

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THE REGULAR MEETING OF THE TOWN OF BERKSHIRE WAS HELD ON MAY 13, 2003 IN THE TOWN HALL.

 

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

 

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

 

 APPROVAL OF APRIL 8 2003 MINUTES:  UNDER OLD BUSINESS—TRUDY BENTLEY DIDN’T ASTAIN BUT VOTED NO.  MOTION TO APPROVE MINUTES AS CORRECTED   WAS MADE BY RICHARD ODOM, SECONDED BY WILLIAM SIMMONS.  CARRIED.

 

COUNTY LEGISLATOR—ABSENT.

 

PRIVILEGE OF FLOOR—MIKE HOMA ASKS:  ABOUT  JUNK YARD ON BALLOU HILL RD.  THERE IS A LOT OF JUNK BEHIND THE BURNED TRAILER WHAT IS BEING DONE ON THIS?  ANSWER—BURT CRAFT HAS NOT REGISTERED TO HAVE A JUNK YARD WITH THE TOWN,  JOE  CEURTER  WILL BE LOOKING INTO THIS.                           2.  THE TRAILER ABONDONED ON THE OLD HORSE FARM WHAT IS GOING ON WITH IT?  THIS IS IN THE HANDS  OF  THEIR   ATTORNEY (UNTIL THE SETTLEMENT OF THIS PROPERTY IS FINISHED, THERE ISN’T ANYTHING THAT CAN BE DONE

UNTIL THEN).

                                   

COMMUNICATIONS AND PETITIONS:

         

1.       LETTER TO HAEFELE TV—SUPERVISOR ASKS FOR  5% FROM THE FRANCHISE

FEE.  NO  RESPONSE FROM MR. HAEFELE  AT THIS TIME.  WILL WAIT ONE MONTH THEN WRITE TO N Y S FRNACHISE DEPT.   HAEFELE IS SEVERAL YEARS BEHIND ON FRANCHISE.

 

2.       A VARIANCE FROM MIKE KILMURRAY OF WEST CREEK RD. ASKING FOR A 90 DAY EXTENSION ON REMOVAL  OF HIS OLD TRAILER.  GIVE 30  DAYS (6-15-03) PER RICHARD ODOM,  SECONDED BY JOHN CEURTER.  CARRIED.

                                         

 

REPORTS:

 

A.     CO. PLANNING BOARD—ABSENT

B.     HIGHWAY—KARL SAYS WORKING ON BALLOU HILL RD. DRAINAGE IN.  GARBAGE PICK UP LAST WEEK AND HAULING STONE.  OIL PRICE ABOUT 3 CENTS HIGHER  FROM LAST YEARS PRICE.  HAS BOX OFF MACK TO SELL BID IN PAPER FOR NEXT MEETING.  ASKING A MINUMIN OF $200.00.  MOTION  TO ADVERTISE THE SALE OF THE BOX WAS MADE BY WILLIAM SIMMONS, SECONDED BY TRUDY BENTLEY.  CARRIED.

 

MAY 13, 2003

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C.     CODE ENFORCEMENT—REPORT READ AND LEFT FOR FILING. BEEN WORING ON  JUNK REMOVAL LAW.  SESSIONS OLD TRAILER HAS BEEN MOVED TO BOB PRICES FOR CLEAN OUT AND WILL BE SET UP ON KETCHUMVILLE RD. WHEN READY  AND MADE LIVABLE.

SUPERVISOR QUESTIONS SESSIONS JUNK-JOE CEURTER SAYS THAT SESSION’S HAS  SOME JUNK, SUPERVISOR SAYS ABOUT 2 ACRES WORTH.  JOE CEURTER SAYS THAT SESSION’S  HAS FILED A DBA IN BROOME CO. AND ONE IN TIOGA CO.  SUPERVISOR QUESTIONS DOES SESSIONS HAVE PROOF THAT HE COLLECTS SALES TAX?  JOE CEURTER SAYS HE DOESN’T HAVE TO BECAUSE HE IS A RETAILER.  SUPERVISOR SAYS YOU CAN’T SELL ANYTHING WITHOUT PAYING SALES TAX.  DO WE EXEMPT BUSINESS FROM JUNK LAW?  JOE CEURTER TO ISSUE NOTICE TO CLEAN UP JUNK.

ED RABENSTEIN HAS AN OLD TRAILER ON LOT USING IT UNTIL HE HAS FINISHED A GARAGE.  THEN WILL REMOVE THE OLD TRAILER.

     

      CHECK ON STATE LINE ACTIVITY. BEEN CUTTING AND REMOVING STUMPS

      MOVING CARS IN AND OUT ON PROPERTY NEXT TO WARD & VAN SCOY’S

      JOE SAYS ERIC IS GOING TO FENCE THIS IN.  JOE TO KEEP TRACK OF IT.      

      SUPPOSED TO CHECK EVERY 6 MONTHS.

D.     PLANNING BOARD—ABSENT.

E.      CLERK—REPORT PASSED AND APRIL PENALTY OF $436.76   PENALTY TURNED OVER TO SUPERVISOR.

F.      DOG CONTROL—ABSENT.

G.     JUSTICE—REPORT PASSED AND LEFT FOR FILING.

H.     COMMITTEE REPORTS—HIGHWAY AUDIT  DONE CLOSED OUT  FOR 2002. (AMOUNT OF MONEY SPENT  ON EACH VEHICLE).

TRUDY HAS TO MAKE COPIES OF SUPERVISOR, TOWN CLERK AND THEN HER AUDIT IS DONE.  WILL DO COLLECTOR IN JULY FOR 2003.

I.        SUPERVISOR—PASSED OUT THE CASH FLOW REPORT AND THE UP DATED CD  

       LISTING.  HIGHWAY LOOKS GOOD, SO DOES THE GENERAL FUND.

 

                                    OLD BUSINESS:

 

1.          TOWNWIDE TRASH PICKUP—ALL THE DATA HASN’T BEEN RECEIVED YET.  SHOULD BE  HERE FOR NEXT MEETING, KARL WAS  ASKED TO PICK UP TIRES FROM NVCS BUS GARAGE.  CHECK WILL COME FROM THEM SOON.    SHOULD HAVET HEM ALL BY NEXT MEETING.  THEN WE WILL KNOW HOW WE STAND.

2.          FLOOD DAMAGE PREVENTION LOCAL LAW DRAFT  WAS GIVEN TO BOARD—

        CHANGES WERE IN WRITING TO PASS TO THE PLANNING BOARD:

        DEFINIATIONS ON ZONES NEED TO BE DEFINED IF CRITICAL TO BERKSHIRE

        SITUATIONS LEAVE REFERENCE TO ZONES THROUGHOUT THE LAW AND   

        REWORK FOR SIMPLIFICATION.  CAN’T UNDERSTAND WHAT THEY ARE

        SAYING.

        NATIONAL FLOOD INSURANCE PROGRAM UP TO 1989.  WHY DO WE CONCERN OURSELVES WITH IT? 

         WHY DID THEY QUIT LOGGING COMPAINTS AFTER 1989?

 

MAY 13, 2003

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         TALKED ABOUT THE ADMINSTRATOR  BEING THE CODE ENFORCEMENT     

         OFFICER.  A PERMIT APPLICATION WILL HAVE TO BE FOLLOWED IF ANY ONE

         WANTS TO BUILD IN FLOOD PLAIN.  JOE HAS GOTTEN ONE TO FOLLOW.

AND AGAIN LIKE ALL OF OUR LAWS WE HAVE SUCH A SMALL CASE LOAD THAT IN A SMALL COMMUNITY TO PICK FROM FOR US TO GET AN APPEALS BOARD FOR ALL THESE VARIOUS LAWS WOULD BE JUST ABOUT IMPOSSIBLE, SO THE TOWN BOARD ACTS AS THE APPEALS BOARD.  THEY ALSO  HOLD THE COURT.

ASKS TO CHANGE PARAGRAPH 6-1 TO READ:

         THE TOWN BOARD OF BERKSHIRE SHALL ACT AS THE APPEALS BOARD.

  IN THE 23 PAGE DOCUMENT FOUND THREE PARAGRAPHS  TO CHANGE, INREFERENCE TO THEIR ½ ACRE LOT, THE TOWN OF BERKSHIER REQUIRES AN ONE ACRE LOT OR ASK FOR A VARIANCE.  ASK PLANNING BOARD TO CHANGE ANY REFERENCE OF ½ ACRE TO ONE ACRE .  RECOMMENDATION  TO SEND  CHANGES TO PLANNING BOARD WAS MADE BY JOHN CEURTER, SECONDED BY RICHARD ODOM.  CARRIED.

 

NEW BUSINESS:

 

A.         REAPPOINTMENT-ATTORNEY FOR THE TOWN JANUARY 1. 2003 TO DECEMBER 31. 2005.  SLIPPED BY US, BUT WILL APPOINT BURT SIEMANS TO THIS POSTION.  MOTION MADE TO APPOINT BURT SIEMANS FOR THIS PEROID WAS MADE BY RICHARD ODOM, SECONDED BY TRUDY BENTLEY.  CARRIED.

 

B.          CONTRACT RENEWAL FOR STATE POLICE SATELLITE—ANDY HANSON         LANDLORD OF STATE POLICE BARRACKS TELL THEY HAVE BEEN HERE 25         YEARS. AND HAS ASKED FOR A $100.00 A MONTH RENT INCREASE. ($250 TO $350.)  SUPERVISOR SAID TOO MUCH.   CONTRACT EXPIRES 6-30-03.  WILL EXTEND CONTRACT UNTIL 12-31-03.    THE STICKY PART COMES IF HANSON REFUSES THE OFFER OF $50.00.  THEN WE COULD FIND A CHEAPER PLACE FOR THE STATE POLICE  TO RENT IN TOWN OR STATE POLICE  COULD GO TO ANOTHER TOWN THEN WE’D PAY TOWARDS THEIR KEEP LIKE WE ARE RECEIVING FORM NEWARK VALLEY AND RICHFORD, THIS IS A 40% INCREASE   WE LIKE TO HAVE THEM STAY IN TOWN.  LETTER TO HANSON EXTENDING THE RENEWAL UNTIL 12-32-03. AND START A NEW CONTRACT ON 1-1-04 IF HE AGREES.

TRUDY BENTLEY MAKES THE MOTION TO MADE THESE OFFERS, SECONDED BY RICHARD ODOM.  CARRIED.

C.          CHANGE TO HIGHWAY IMPROVEMENT PLAN— COMMITTTEE METS EVERY TWO YEARS TO CHECK ROADS AND SO FAR THE PLAN  IS  ON SCHEDULE.  THE BOARD HAS THE POWER TO DEVIATE  FROM THIS PLAN AND GO ON TO THE ROAD IN DIRE NEED OF REPAIRING.  DIMON RD. WAS TO BE REBUILT THIS YEAR, BUT JEWETT AND BALLOU ARE IN SUCH BAD SHAPE THEY WILL BE DONE.  THE COMMITTEE WILL MET AGAIN IN JULY , THEY WILL DETERMINE WHERE TO GO FROM THIS POINT.    JEWETT HILL RD. WILL BE DONE FROM DAVIS ROAD TO WEST CREEK, AND BALLOU HILL RD. HAS BEEN DONE NEAR ODOM’S ABOUT 500’ AND THE MOST OF THE  OTHER SIDE OF THE HILL.

 

 

MAY 13, 2003

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         MOTION TO DIVATE FROM THE  HIGHWAY COMMITTEE ORIGINAL PLAN AND DO SECTIONS OF JEWETT HILL  AND SECTIONS OF BALLOU HILL RD. WAS MADE BY WILLIAM SIMMONS, SECONDED BY RICHARD ODOM.  CARRIED.

 

D.     REPRESENTATIVE TO REAP LDC.—NEED TO FIND A REPLACEMENT SUPERVISOR IS TIRED OF ALL THESE MEETINGS.  BE ON THE LOOK OUT FOR SOME ONE TO REPLACE HIM.

 

WARRANTS:

 

         GENERAL FUND #20 & #22  $216.52

             HOLDING #21 TO GET THE TAXES REMOVED WILL SUBMIT NEXT MEETING.

         HIGHWAY FUND #72 - #91  $8306.08

         BOOKKEEPER $8840.23

         MOTION  TO PAY AS AUDITED WAS MADE BY TRUDY BENTLEY, SECONDED BY WILLIAM SIMMONS.  CARRIED.

 

 

MOTION TO ADJOURN WAS MADE BY JOHN CEURTER AT 8:20 PM.  SECONDED BY TRUDY BENTLEY.  CARRIED.

 

 

RESPECTIVELY SUBMITTED;

 

 

CONSTANCE M. LIDDINGTON

TOWN CLERK           

 

 

I