The Regular Meeting of the Hartwick Town Board called to order at 6:30 p.m. The Pledge to the Flag was led by Supervisor, David Butler.
Present: Supervisor David Butler, Councilwoman Anita Briggs Jones, Councilman Delos Field, Councilman Kenneth Hotaling, and Councilwoman Julianne Sharratt
Absent:
Also present: Attorney Lynn Green; Highway Superintendent, Rusty Striesse; Planning Board Chair, Gregory Horth; Hartwick Advisory Committee Members; Grounds & Maintenance, Larry Bard; Hartwick Fire Company #2 Chief, Michael Basile; Health Officer, Lee Robins, MD; and others from the community.
MOTION: Councilman Hotaling moved to approve Abstract 3 and prepaid bills for the month ending February 29, 2012 in the amount of $44,635.56 from the following funds:
General $ 13,344.73
Highway $ 15,836.07
Library $ 2,033.88
Lighting $ 452.73
Water $ 130.53
Fire $ 12,837.62
Councilwoman Sharratt seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
MOTION: Councilwoman Sharratt moved to approve Town Clerk's Report for February 2012 showing income of $128.25, with Town's portion being $125.25. Councilwoman Briggs Jones seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
MOTION: Councilman Hotaling moved to approve Town Justice Report for February 2012 with reported income totaling $2,435.00. Councilwoman Sharratt seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
MOTION: Councilman Field to accept the Town Board - Water Commissioner's Minutes of February 6, 2012. Councilman Hotaling seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", Councilwoman Sharratt "abstain".
MOTION: Councilwoman Sharratt moved to accept the Town Board Minutes of February 13, 2012. Councilman Field seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "abstain".
MOTION: Councilman Hotaling moved to accept the Town Board Work Session Minutes of February 20, 2012. Councilwoman Briggs Jones seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "abstain".
Highway Superintendent, Rusty Striesse, Report:
- Located and repaired water leak at Phillips Service
- Working on catch up work from last year
- Winter was hard on the roads
Administrative Assistant, Tavis Austin's Report (given by Supervisor Butler)
- Davies Lock has changed all locks contracted to change.
- Community Center Heating
- Mirabito - it is not recommended heating units be placed in attic area
- Suburban - briefly toured Community Center and will return to perform a formal review for recommendations
- Paraco - Estimate pending
- Planning Board
- Sign Law is in its final draft. Planning board will tentatively refer to Town Board at next Regular Meeting in April.
- Williamson Lawbook update. Most accounts have been reconciled. Checks are now primarily being written though the Williamson program. Continued work on bringing the system up to date with data entry and set-up.
- Highway gate has been tuned up. The gate is now functional for use after hours.
- Library experienced furnace problems. Mirabito responded to a service call and made repairs to unit.
Hartwick Conservation Advisory Committee Report:
Committee Chair, Martha Clarvoe, read a statement from the Hartwick Conservation Advisory Committee.
The Hartwick Conservation Advisory Committee brings this proposal for your attention. This proposal, which we shall refer to as the proposal to establish protection for the rural environment of the Town of Hartwick or "protection proposal", is in need of further professional review and clarification. We started with the Town of Springfield and New Lisbon's law which were reviewed by their lawyers and which have been passed by their Town Board. We combined these documents to provide a draft law for our review.
Hartwick, for the most part, enjoys peace and quiet, fresh air, clan water and the possibility of growing local produce and renewable and sustainable energy for future generation. We hope that you see that this needs protection.
The Committee made up of myself, Juli Sharratt (Board representative), David Petri, Angelica Palmer, James Herman, Liz Fury, Lilian Voorhees, and Health Officer, Dr. Lee Robbins, is urging that you commit to this strategy. We urge you to get professional advice by a lawyer familiar with these two cases, Dryden and Middlefield, and craft a law to set this protection in place.
To review Hartwick's history related to the issue of protection, I begin with a quote from the December 13, 2010 Town of Hartwick Board minutes, "Michelle Kennedy, Esq. spoke to the Board and citizens present about concerns regarding the Marcellus Shale Play and hydro-fracking occurring in Otsego County. Ms. Kennedy explained the role of land use regulations in preventing Marcellus Shale Play and hydro-fracking until more information is obtained regarding the safety of this process."
Following the meeting the Hartwick Conservation Advisory Committee, along with the Town Board's support, put on three public forums on Gas Drilling. These meetings were well attended by you and by many local residents with 40 to 120 in attendance, with numbers growing from the first to the last forum. In July 2011, the Conservation Committee conducted a written survey. The question, "Do you support Natural Gas Drilling in Hartwick?" was answered by 613 total responders, 106 personals responded "yes" to supporting drilling and 487 persons responded "no". This equals 80% voting NO!
Over the past couple years at least 20towns have implemented bans in NY State. Some are banning drilling, some heavy industry, and some are protecting the rural environment wand health and safety for their residents. Among these are the towns of Cherry Valley, Middlefield, Springfield, New Lisbon, new Berlin, Town of Otsego, City of Oneonta, and the Town of Oneonta is looking at a moratorium.
Two towns have been sued for their zoning regulations. The decision in Anschutz v. Dryden, which tests the Dryden zoning law, was made by Judge Rumsey on February 21 in favor of the town of Dryden. The decision in Cooperstown Holstein Corp. v. Town of Middlefield was made 3 days later by Judge Cerio on February 24 in support of the Town of Middlefield.
In referring to the Middlefield decision, Deborah Goldberg attorney for Earthjustice who argued in court in defense of the Middlefield town's zoning law, stated, "It's a very thorough analysis of the legislative history and the passage of the supersession clause. The court comes to the conclusion that it is perfectly possible to have the state regulate the method of gas drilling while localities retain the power to regulate land use through zoning and local laws."
Perhaps this opens the door for the Town of Hartwick to feel more comfortable in creating a law.
The Committee has given this our all and we hope you will give it your best consideration for the protection of the residents of Hartwick. We look forward to more in depth discussions with Attorney Green and some Board members in the future, but we hope that tonight you will give your support to this proposal.
The proposal to Establish Protection for the Rural Environment of the Town of Hartwick is attached as Attachment A. Sign In for Heavy Industry Law Proposal is attached as Attachment B.
Floor Opened to Public Comment
Ms. Clarvoe polled those in attendance for support of Conservation Advisory Committee Protection Proposal. Most in attendance raised their hands. Ms. Clarvoe urged the Town Board to offer the Committee a commitment to the proposal.
The Board accepted the proposal and agreed to take it under advisement. It was explained, the Board and Town's Attorney will need time to review the proposal.
Councilman Hotaling expressed his support with the proposal; however, he would like to see it done properly.
Mr. James Herman presented Attorney Green with a copy of the Dryden decision.
A resident expressed his opinion that other Town's have done the necessary work and the hope the Town will work toward the majority of its constituent's desires. He expressed his opinion on the necessity to protect natural resources such as water and the necessity of law to do so.
A resident spoke of his disapproval of the Protection Proposal. Attorney Birch expressed the earlier pole by Ms. Clarvoe as non-representative of the Town's people desires due to the lack of attendance of pro-drilling advocates or invite to the presentation of the Protection Proposal. The resident expressed concerns with Otsego County dying economically, Appalachian Poverty, the necessity to draw business into the area not prohibit its growth, and the restrictive nature of the definition of heavy industry within the Protection Proposal. The Delta Agreement and the Town's participation are commended.
A resident expressed his concerns with the amount of chemicals/solvents used in the fracking process and the potential damage these carcinogens may to do the air and humans who breath the air.
A resident reminded the Board of the Survey results and the 4-1 outcome in favor of regulations supporting the prohibition of fracking.
A resident thanked Attorney Birch and expressed appreciation of his position. The resident expressed concerns with increased traffic and decline in public health. Resident encouraged the Board not to wait until something bad happens to make a move on fracking in the Town. Resident expressed the plan to move out of Hartwick without some measure of confidence in safety for her family.
A resident discussed the history of Hartwick and how within the history of Hartwick lays a once industrial Town. Resident expressed concern for the lack of jobs in our area, and the necessity to promote industry to promote a workforce...taking the good with the bad understanding safety is the primary goal.
A resident expressed there is a future in organic farming in this area, and the shortsightedness of not making laws now.
A resident urged the public to continue to attend Town Board meetings, continue to ask the Town Board where things stand with the control of fracking in the Town, and make sure the issue is being addressed.
Councilwoman Sharratt agreed to make the issue of controlling fracking in the Town of Hartwick a priority.
Supervisor Butler and the Board thanked the participants of the meeting for attending and expressing their views.
Supervisor, David Butler, Report:
- Highway Employee change. Welcome Daniel Bobnick as HMEO.
- Town of Hartwick Maintenance title change. The Board reviewed the Civil Service Job Description of Maintenance Worker/Cleaner supplied by Otsego County Personnel for consideration of use for the Town's Maintenance worker position.
MOTION: Councilwoman Briggs Jones moved to accept the Civil Service Job Description of Maintenance Worker/Cleaner to be used for the Town's Maintenance position title and description. Councilwoman Sharratt seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
- McManus Engineering has received the bids for the topographic survey of parcels 144.00-1-52.00, 144.00-1-54.00, and 144.00-1-35.00 (approximately 37.25 acres known as Kallan Field). The bids are as follows:
•Ø LSM (Lawson Surveying & Mapping) $3,450
•Ø Rasmussen Land Surveyors $4,800
•Ø Kaatskill Mountain Surveyors, LLP $6,650
•Ø Ronald Mullenix $7,500
•Ø Joanne Darcy Crum, L.S. $13,300
MOTION: Councilman Hotaling moved to accept LSM's bid for topographic survey of parcels 144.00-1-52.00, 144.00-1-54.00, and 144.00-1-35.00 (approximately 37.25 acres known as Kallan Field). Councilwoman Briggs Jones seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
- HR Public Sector Contract. HR Public Sector would like a contract for Consulting Services signed. The Board reviewed the contract.
MOTION: Councilman Hotaling moved to direct Supervisor Butler to sign HR Consulting Services Contract. Councilwoman Sharratt seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
- Supervisor Butler acknowledged receipt of correspondence from Cliff and Patti Brunner of Sunnyside Farm. The letter was read aloud:
Dear Mr. Butler,
We are updating our organic dairy farming certification for the year 2012. We are still growing crops and managing our livestock using organic methods. As stated in previous letters the town, our farm is in the Town of Hartwick. We also manage four other properties in the town. They are the David Petri, Jeanette Hansen, Francis Nolan and Gail and Neil McManus properties.
We are requesting that no spraying of chemicals, pesticides or herbicides be done on or near our property or the other four parcels mentioned. Any chemical drift found on our crops could cost us the loss of our organic status and cause us serious financial losses.
Thank you for your help.
- Delta Program Manager. In a prior meeting the Board discussed appointing Tavis Austin as the Delta Program Manager at which time, Councilwoman Briggs expressed desire to confer with Highway Superintendent Striesse before a decision is made. After discussion with Mr. Striesse, the Board has decided to appoint Tavis Austin as the Delta Program Manager.
MOTION: Councilwoman Briggs Jones moved to appoint Tavis Austin as the Delta Program Manager for the Town of Hartwick. Councilman Hotaling seconded and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
Town Attorney, Lynn Green Esq. Report:
Attorney Green presented the Board with a draft Resolution - Statutory Installment Bond Resolution which is necessary to procure a bond from NBT for $10,000 to be used toward the purchase of a 2006 Tahoe - Emergency Response Vehicle for Fire Company #2.
Town of Hartwick
Statutory Installment Bond Resolution
Resolution 3-A-2012
WHEREAS the Town Board of the Town of Hartwick, Hartwick, New York, by resolution adopted on the 12th day of March, 2012 authorizes David Butler, Town Supervisor to purchase a Statutory Installment Bond for Ten Thousand and 00/100 Dollars ($10,000.00).
NOW THEREFORE BE IT RESOLVED:
1. The specific object or purpose of which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of a used 2006 Chevrolet Tahoe 1500 Truck equipped with an emergency vehicle package.
2. That the maximum cost of said truck is $16,000.00. The financing of such cost is $1,000.00 from Company #2 funds which has already been paid as a deposit, $5,000.00 from the current fire budget and the issuance of a Statutory Installment Bond in the amount of $10,000.00, pursuant to this resolution.
3. The following determinations are hereby made:
a. That usefulness of said vehicle is not governed by the useful life of a new vehicle in that is is a specialized vehicle equipped with an emergency transporter package.
b. That 2006 Chevrolet Tahoe has low mileage and is equipped with a police package that would need to be added to an emergency transporter for the fire department.
c. The vehicle is NYS Inspected and all systems have been examined and it is determined that the 2006 Tahoe will be useful in the future as well as in the immediate present.
d. The vehicles probable usefulness will be in excess of two years.
e. The proposed maturity of the obligation authorized by this resolution will not be in excess of two (2) years.
4. The Town Board shall issue its Statutory Installment bond in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) to finance such cost in accordance with the financial plan set forth above. The date of such Bond and the power to fix and determine the exact date of such Bond is hereby delegated to the Supervisor. Such bond shall be in the amount of Ten Thousand and 00/100 Dollars ($10,000.00), and shall mature in one (1) year from date of issue and shall be paid in one (1) annual installment of principal plus accrued interest as follows: Ten Thousand and 00/100 Dollars ($10,000.00) plus interest not more than tow and 75/100ths per cent (2.75%) per annum.
5. The power to determine the exact date upon which such installments of principal and of interest shall become due and payable is hereby delegated to the Supervisor. The Bond shall be issued in bearer form without coupons and shall not contain a power to convert to registered form. The Bond shall bear interest at the rate not exceeding going bid rate at a depository of the Town, payable annually. Interest will not be paid on any installment of principal or of interest after the due date thereof. Both the installments of principal and of interest on this Bond will be evidenced by a notation o the Bond at the time of the payment. The bond shall be in substantially the following form:
See Attached Bond Form
Addendum B
6. The Supervisor is hereby delegated the power of preparing such bond and to such bond at private sale at not less than par and accrued interest and at such sale to fix interest rate to be borne by such bond within the limitations set forth in this resolution. The Supervisor shall deliver such bond to the purchaser thereof only against cash or certified check. The proceeds of sale of the bond shall be deposited in a special bank account as required by Section 165.00 of the Local Finance Law. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. The resolution having been received a unanimous vote of a quorum of the members of the Town board of the Town of Hartwick, was declared by the Supervisor to be duly adopted.
MOTION: Councilwoman Briggs Jones moved to adopt Resolution 3-A-2012 Statutory Installment Bond Resolution. Councilman Field seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
Unfinished Business
MOTION: Councilwoman Sharratt moved to adjourn the Regular Meeting and enter into Executive Session to discuss a personnel issue at 8:15 p.m. Councilman Field seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
Town of Hartwick
Executive Session
Personnel Issue
MOTION: Councilman Hotaling moved to adjourn Executive Session at 8:40 p.m. and reenter the Regular Meeting. Councilwoman Briggs Jones seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
Town of Hartwick
Regular Meeting
(Reopened)
Floor opened for Public Comment
A resident asked about the Town's role in addressing garbage, stinky garbage, and open garbage on a resident's premise. It was explained to the resident a letter will need to be written to the Town Supervisor who will then turn the matter over to the Health Officer for further research and resolution if required.
MOTION: Councilwoman Briggs Jones moved to adjourn the Regular Town Board Meeting at 8:55 p.m. Councilwoman Sharratt seconded, and the motion passed with the following votes: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling "aye", and Councilwoman Sharratt "aye".
Respectfully submitted,
Sarah McGuire, Town Clerk
