November 5, 2009 Minutes
A Regular Meeting and Public Hearings of the Town Board of the Town of Athens, County of Greene and the State of New York, was held at the Town Hall, at 2 First Street, Athens, New York on the 5th day of November 2009.

Present: Albert Salvino Supervisor
  Robert F. Butler, Jr. Councilman
  Eugene J. Hatton Councilman
  Colleen D. Fischer Councilwoman
  Linda M. Stacey Town Clerk
  John J. Farrell Superintendent of Highways
  Mary H. Brandow Bookkeeper/ Budget Officer
  Virginia Benedict Counsel
Absent: John F. Lubera Councilman
Public Present: April Paluch
Kathi Wagner
Cathleen Hodor
Edwin Hodor
 

The following bills were audited by the Board and ordered paid:
General Abstract #21, vouchers #453 through #470 inclusive for $44,696.73.
Highway Abstract #20, vouchers #167 through #180 inclusive for $24,271.81.

Supervisor Salvino called the meeting to order at 7:05 PM with the Pledge to the Flag.

Public Hearing #1- 2010 Preliminary Budget:

Notice of said hearing was duly published in the Catskill Daily Mail on October 24, 2009.
Supervisor Salvino read the Notice of public hearing, as it appeared in the newspaper. He then invited comments from the public. With no one desiring to be heard Supervisor Salvino closed the hearing at 7:08 PM

APPROVAL OF THE 2010 BUDGET
On the motion of Councilman Hatton, seconded by Councilwoman Fischer, the following RESOLUTION #2009-52, to adopt the proposed Budget for 2010 as presented, as the 2010 Budget was adopted:

SUMMARY-2010 BUDGET
Code Fund Appropriations
And Provisions
For Other Uses
Less
Estimated
Revenues
Less
Unexpended
Balance
Amount To Be
Raised By
Taxes
A General 994,519.00 826,800.00 120,000.00 47,719.00
B General Outside Village 60,895.00 25,100.00 20,000.00 15,795.00
DA Highway-Townwide 277,410.00 800.00 15,000.00 261,610.00
DB Highway-Outside-Village 292,200.00 38,800.00 15,000.00 238,400.00
  Sub totals 1,625,024.00 891,500.00 170,000.00 563,524.00
SPECIAL DISTRICTS:
Leeds Fire Protection District 34,134.00 - - 34,134.00
Athens Fire Protection Dist. 73,096.00 - - 73,096.00
WALS Fire District 214,809.00 144,909.00 - 69,900.00
DR Evarts Library 77,922.00 - - 77,922.00
FIRE DISTRICT TOTALS: 399,691.00 144,909.00 - 255,052.00
TOTAL BUDGET 2,024,985.00 1,036,409.00 170,000.00 818,576.00

ADOPTED: Ayes- 4    Salvino, Butler, Hatton, Fischer
Noes- 0 Absent-1 Lubera Abstentions-0
Resolved the 2010 Budget is adopted.

Hearing #2- Creating a New Chapter 99 to the Code of the Town of Athens, Entitled "FARMING"- Proposed Local Law #2-2009
Notice of said hearing was duly published in the Catskill Daily Mail on October 24, 2009.
Supervisor Salvino opened the hearing at 7:08 PM.
Supervisor Salvino read the notice of the public hearing to hear and consider Creating A New Chapter 99 to the Town Code, as follows:
This Local Law is enacted pursuant to the procedures and authorization
established in New York State Municipal Home Rule Law sections 10,
20 and 22 to amend the Code of the Town of Athens. Chapter 99 shall
read as follows:
FARMING
Right to Farm
  Section 99-1. Intent and Purpose
  Section 99-2. Definitions
  Section 99-3. Right-to-Farm Declaration
  Section 99-4. Notification to Real Estate Buyers of Property
  Section 99-5. Resolution of Disputes

With no one desiring to be heard Supervisor Salvino closed the hearing at 7:15 PM.

On the motion of Councilwoman Fischer, seconded by Councilman Hatton, the following RESOLUTION #2009-53, of the ADOPTION AND APPROVAL OF A NEW CHAPTER 99 TO TOWN CODE was adopted as follows:
ADOPTED: Ayes- 4    Salvino, Butler, Hatton, Fischer    Noes-0    Absent-1    Lubera    Abstentions-0

Resolved that the new Chapter 99- Entitled "FARMING" is hereby adopted and entered as Local Law #2-2009.

REGULAR MEETING

The following bills were audited by the Board before the meeting and ordered paid:

General Abstract #21, vouchers # 453 through # 470 inclusive for $44,696.73.
Highway Abstract #20, vouchers #167 through #180 inclusive for $24,271.81.

DEPARTMENT HEADS

Superintendent of Highways John J. Farrell reported that the 1994 truck has been taken to Ben Funk's for repairs. To date the cost is at $554.11.
Ben Funk's Inc. has given Mr. Farrell two options to present to the Board, for discussion.

Option 1: Replace the engine, with a remanufactured engine; change all hoses, filters, hardware, coolant, etc. Clean and flush the radiator; and possibly redo the clutch at an estimate of $14,589.11. This would be considered a full replacement, and would have a warranty of one year.

Option 2: Disassemble the engine- replace rod and main bearings, oil pump, water pump, piston kits, injectors, thermostat. Check and repair head as necessary. This would cost $8,661.40.
Discussion followed.

This truck is a 1994 model, and is in good shape. It is considered a 'summertime' truck.
Superintendent Farrell asked the Board if they wanted to go with the remanufactured engine, Option #1 or the Rebuilt engine, Option #2.


On a motion of Councilman Hatton seconded by Councilman Butler, the following RESOLUTION #2009-54, AUTHORIZING THE HIGHWAY SUPERINTENDENT TO HAVE THE 1994 TRUCK REPAIRED WITH A REMANUFACTURED ENGINE at the cost of $14,589.11 was,

ADOPTED:   Ayes-4     Salvino, Butler, Hatton, Fischer     Noes-0     Absent-1     Lubera     Abstentions-0

Resolved that Option 1 is adopted, and a remanufactured engine be put into the 1994 truck at a cost of $14,589.11.

Superintendent Farrell reported that he has a buyer for the 1997 F350 surplus truck, for $5,000, and asked what the Board thought. Discussion followed.

Councilman Hatton made a motion seconded by Councilwoman Fischer that Superintendent Farrell sells the surplus truck to the interested buyer at $5,000. Carried;
Ayes-4    Salvino, Butler, Hatton, Fischer
Noes-0    Absent-1 Lubera     Abstentions-0

Superintendent of Highways, Farrell advised the Board that he had received a 30-page document from SEMO regarding winter snowstorms and reporting.

Mr. Farrell reported that he had ordered new signs to meet the new codes, which require Better Reflectivity.

Discussion followed on repaying highway personnel for the purchase of boots, as required in the Union Contract. Does this mean $200 for one pair or up to $200 for more than one pair? Board felt that the contract was not very clear in its meaning.

Bookkeeper/Budget Officer Mary H. Brandow went over the Supervisor's Report with the Board. She advised them that she was holding off making Budget Amendments, until closer to the end of the year.

Councilman Hatton made a motion seconded by Councilwoman Fischer to approve the Supervisor's Report as presented.
Ayes-4     Salvino, Butler, Hatton, Fischer   Noes-0
Absent-1    Lubera     Abstentions-0

A two-year Contract was received from Greene County Emergency Medical Systems, Inc. for January 1, 2010 -December 31, 2011 for approval. The total costs for the Town of Athens for 2010 will be $21,025 that will be billed in thirds. One third being due on January 1st, one third due on April 1st and one third due on July 1st. The County will contribute funds to cover about two-thirds of the paramedic program for 2010.

APPROVAL OF THE TWO-YEAR CONTRACT WITH GREENE COUNTY EMERGENCY MEDICAL SYSTEMS, INC.

On the motion of Councilman Butler, seconded by Councilman Hatton the following RESOLUTION #2009-55, was
ADOPTED:    Ayes-4     Salvino, Butler, Hatton, Fischer
    Noes-0     Absent-1   Lubera     Abstentions-0

Resolved that the two-year contract (January 1, 2010-December 31, 2011) between the Town of Athens and Greene County EMS be signed by the Supervisor for the amount of $21,025 for 2010.

Discussion followed regarding the Town of Catskills billing system for Basic Life Support or BLS. The Town of Catskill has been invited to attend our next meeting, to explain their billing system.

Attorney Benedict went over the proposed resolution for the unsafe building charges for Mr. Harris, owner of 60 Howard Hall Road.

DIRECTING THAT THE COSTS TO REMOVE THE BUILDING SITUATED AT 60 HOWARD HALL ROAD, TOWN OF ATHENS (MAILING ADDRESS OF CATSKILL), GREENE COUNTY, NEW YORK BE ASSESSED AGAINST THE PROPERTY. On the motion of Councilman Hatton seconded by Councilman Butler the following RESOLUTION # 2009-56 was
ADOPTED:     Ayes-4     Salvino, Butler, Hatton, Fischer
    Noes-0     Absent-1   Lubera     Abstentions-0

Resolved that the costs to remove the building at 60 Howard Hall Road, be assessed against the property.

Councilman Hatton made a motion seconded by Councilwoman Fischer to accept and approve the Town Clerk's Report as presented.
Ayes- 4     Salvino, Butler, Hatton, Fischer
Noes-0     Absent-1    Lubera     Abstentions-0

Councilman Butler made a motion seconded by Councilman Hatton to approve the minutes of October 19, 2009 as read.
Ayes-4     Salvino, Butler, Hatton, Fischer
Noes-0     Absent-1   Lubera     Abstentions-0

Councilman Hatton presented a proposed resolution to the Board authorizing the adoption of the Greene County Multi-Jurisdictional All-Hazard Plan, for their review.
The Federal Emergency Planning Agency (FEMA) has approved this plan. The plan identifies potential natural hazards and mitigation actions to be taken at the county and the local levels to eliminate or reduce future disaster losses.

On the motion of Councilman Hatton, seconded by Councilwoman Fischer the following
RESOLUTION #2009-57, AUTHORIZING THE ADOPTION OF THE GREENE COUNTY MULTI-JURISDICTIONAL ALL-HAZARD MITIGATION PLAN.
was ADOPTED:   Ayes-4     Salvino, Butler, Hatton, Fischer
Noes-0     Absent-1    Lubera     Abstentions-0

RESOLVED the Town adopt the Greene County Multi-Jurisdictional All-Hazard Mitigation Plan.

Councilman Hatton informed the Board that the Coxsackie-Athens "late bus" has been restored.

On a motion of Councilman Butler, seconded by Councilwoman Fischer the meeting was adjourned at 8:30 PM.
Ayes-4     Salvino, Butler, Hatton, Fischer     Noes-0     Absent-1   Lubera    Abstentions-0


Linda M. Stacey, CMC
Town Clerk