The Work Session of the Hartwick Town Board called to order at 7:04 p.m. The Pledge to the Flag was led by Supervisor, David Butler.
Present: Councilman Dave Butler, Councilwoman Anita Briggs Jones, Councilman Delos Field, Councilman Kenneth Hotaling (8:05 p.m.), and Councilwoman Julianne Sharratt.
Also present: Administrative Assistant, Tavis Austin; Planning Board Co-chair, Gregory Horth; members of the Hartwick Conservation Advisory Committee; and members of the community.
Absent:
Unfinished Business
James Herman, Conservation Committee Representative, presented the Town Board with handouts. The handouts included a list of Attorneys whose specialty are Zoning and an article entitled Local Bans on Hydraulic Fracturing Upheld in NYS, Struck Down in West VA, and graphs depicting spills and effects on health.
The Board thanked Mr. Herman for the information.
- Ms. Clarvoe stated she is looking forward to comments from Attorney Green on Local Protection Law Proposal submitted by the Conservation Committee.
- The use of a Moratorium was discussed in relation to hydraulic fracturing in the Town of Hartwick. Mr. Herman stated there are currently no permits pending, no lawsuits have been documented due to use of Moratorium, and there is no disadvantage to using Moratorium.
- Councilwoman Sharratt expressed concerns with use of Moratorium because there are no grounds in current town laws.
- Councilman Butler expressed the pressure is off due to State's pending decision regarding hydraulic fracturing in NYS.
- Tavis Austin commented on the significance of using the Comprehensive Plan in developing Zoning Map.
- Councilman Butler expressed Zoning offers greater strength in controlling hydraulic fracturing.
- Ms. Angelica Palmer asked the Board there feelings towards the use of Tom Fucillo for Zoning related work. Councilman Butler expressed the desire to support the use of Tom Fucillo as the Zoning Commission gets closer to the end result.
- Mr. Herman delivered Hydroquest Study to the Town Board which discusses water threats across NYS Watershed areas.
New Business:
The Board discussed Resolution 4-A-2012 Statutory Bond Resolution Excavator Purchase.
Resolution 4-A-2012
Statutory Installment Bond Resolution - Excavator Purchase
WHEREAS, the Town Board of the Town of Hartwick, New York, by resolution adopted on the 16th day of April, 2012, authorized David Butler, Town Supervisor to purchase a Komatsu, Pc 138 uslc-2 Excavator, Serial #2243 for Eighty Four Thousand Five Hundred and 00/100 Dollars ($84,500.00)
NOW, THEREFORE, BE IT RESOLVED:
- 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 Komatsu, Pc 138 uslc-2 Excavator, Serial #2243.
- That the maximum cost of said Komatsu, Pc 138 uslc-2 Excavator is Eighty Four Thousand Five Hundred and 00/100 Dollars ($84,500.00), and the plan for the financing of such cost is as follows: $24,500.00 credit for Lease Payments and $60,000 to be provided through the issuance of a Statutory Installment Bond in the amount of $60,000, pursuant to this resolution.
- The following determinations are hereby made:
- The period of probable usefulness of said Excavator is fifteen (15) years.
- The subdivision of paragraph "A" of Section 11.00 of the Local Finance Law which is applicable is subdivision "28".
- The proposed maturity of the obligations authorized by this resolution will not be in excess of ten (10) years.
- The Town of Hartwick shall issue its Statutory Installment Bond in the amount of Sixty Thousand and 00/100 Dollars ($60,000.00) 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 Sixty Thousand and 00/100 Dollars ($60,000.00) and shall mature in five (5) years from date of issue and shall be paid in five (5) annual installments of principal plus accrued interest as follows:
- April 17, 2013 $12,000.00 plus interest
- April 17, 2014 $12,000.00 plus interest
- April 17, 2015 $12,000.00 plus interest
- April 17, 2016 $12,000.00 plus interest
- April 17, 2017 $12,000.00 plus interest
- 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 on the Bond at the time of the payment. The bond shall be substantially the following form: (attached to original bond paperwork)
- The Supervisor is hereby delegated the power of preparing such bond and to such bond at private sale of not less than par and accrued interest and as such sale to fix the interest rate to be borne by such bond within the limitations as 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.
This resolution having been received a unanimous vote of a quorum of the members of the Town Board, Town of Hartwick, was declared by the Supervisor to be duly adopted.
MOTION: Councilwoman Briggs Jones moved to pass resolution 4-A-2012 Statutory Bond Resolution Excavator Purchase. Councilwoman Sharratt seconded, and the motion passed with the following polled vote: Supervisor Butler "aye", Councilwoman Briggs Jones "aye", Councilman Field "aye", Councilman Hotaling (absent), and Councilwoman Sharratt "aye"
Correspondence:
- Supervisor Butler acknowledged receipt of letter from Clark Sport's Center Swimming Program. The swim program will run from Monday through Friday, June 25th through August 3rd. The Clark Sport's Center will be closed on Wednesday July 4th and Monday July 23rd.
- Supervisor Butler acknowledged receipt of letter from Michael Quinn. The letter with photographs explains 2 parcels on Scotch Hill TM#144.00-1-6.00 and 144.00-1-7.00. Mr. Quinn has asked the Board for consideration as to the hazardous sites.
MOTION: Supervisor Butler moved to allow Tavis Austin, to complete a Municipal Complaint and forward the Complaint to Otsego County for further action. 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".
Supervisor:
- Supervisor Butler and the Board discussed the need to diversify banking. The Board agreed it will allow greater financing availability by diversifying accounts. The use of Key Bank and The Bank of Cooperstown as depositories was discussed.
MOTION: Councilwoman Sharratt moved to allow Supervisor Butler to establish two savings accounts (1) Key Bank funded with $20,000.00 and (2) Bank of Cooperstown $20,000.00. 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".
- The Board discussed the necessity for the Town to purchase a Maintenance Truck. The use of the FD#2 Bronco and trailer was discussed. State Contract available trucks were reviewed. State Contract $15,960.52 F150 Ford - Dark Blue.
MOTION: Councilman Hotaling moved to purchase under State Contract 29-A - F150 Vehicle for use by approved Town of Hartwick employees. 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".
Tavis Austin is to arrange for the completion of the proper paperwork for the purchase through State Contract.
- The Board discussed the Clegg property drain. Tentative dates for project were discussed. It was agreed the project should commence this summer. Councilwoman Briggs Jones offered assistance with organization of the project.
Public Comment:
MOTION: Councilman Hotaling moved to adjourn the Town Board Work Session at 9:45 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".
Respectfully submitted,
Sarah McGuire, Town Clerk
