Bath town board minutes

October 10, 7 p.m.

Present: Supervisor Muller; Councilpersons, William Glosick, Dean Kropp, Robin Lattimer, Albert Burns; Attorney, Jeffrey Squires

Also Present: Highway Superintendent James McGlynn; Deputy Highway Superintendent Scott Travis; Highway Crew members Fred Finch, Mike Palermo; Code Enforcement Officer Al Buckland Assessor Sandra Porter; Planning Board member John Lysyczyn; Village of Bath liaison Mike Skelley; Town Clerk Marcia Burns; members of the public.

Supervisor Muller opened the regular meeting of the Bath Town Board with the pledge of allegiance to the flag at 7 p.m.

Motion by Councilman Glosick, seconded by Councilman Kropp, to approve the minutes from Sept. 11, 2006.

Adopted: Councilman Glosick, aye; Councilman Kropp, aye; Councilperson Lattimer, aye; Councilman Burns, aye; Supervisor Muller, aye.

Motion by Councilman Burns, seconded by Councilperson Lattimer, to approve the minutes from Sept. 25.

Adopted: Councilman Glosick, aye; Councilman Kropp, aye; Councilperson Lattimer, aye; Councilman Burns, aye; Supervisor Muller, aye.

Old Business:

Supervisor Muller announced the joint public hearing with the Village of Bath regarding the annexation of Mossy Bank Park to the Village of Bath on Oct. 23 at 7 p.m. in the cccourt room.

New Business:

Mr. Muller distributed the new building codes that need to be in effect Jan. 1, 2007. There will be a public hearing Nov. 13. Attorney Squires asked if the Town issues both a certificate of Occupancy and a Certificate of Compliance. Code Officer Buckland said they are issued for separate procedures.

Budget workshops are scheduled for Oct 16th and Oct 19th at 3 p.m. in the village board room.

Assessor Sandra Porter: She asked for approval for herself and her clerks to attend a seminar on how to calculate income for the enhanced STAR program at $110 for the clerks and $95 for herself on Oct. 20, closing the office for the day. She has the funds in her budget.

Motion by Councilman Burns, seconded by Councilman Glosick, t o authorize the assessor's office be closed and Sandra Porter and her clerks to attend the all-day seminar concerning calculating income for the enhanced STAR program on Oct. 20 and that she publicize the office closing for that day

Adopted: Councilman Glosick, aye; Councilman Kropp, aye; Councilperson Lattimer, aye; Councilman Burns, aye; Supervisor Muller, aye.

Assessor Porter stated her office has prepared the enhanced STAR applications and has sent out the agricultural exemption applications.

Planning Board member John Lysyczyn: He reported the Planning Board met with all members present on Oct. 3 and no business to conduct.

Code Enforcement Officer Al Buckland: He gave his report for September 2006. He will be attending a Fire Marshall's training course at Montour Falls on Oct. 17 to 19 to complete his certification.

Supervisor Muller stated the budget workshop on October 16 will be concerning the highway department budget and all other departments will be on October 19.

Highway Superintendent James McGlynn:

The highway department has been working on CHIPS projects, Velie Road graveling, Cochrane Road ditches and Robinson Rd bridge. Salubria Drive, William St Ext and Industrial Park N. have been paved, drainage is done at the intersection of Rte 415 and William Street Extension where rain water has stayed for a week. The work was done with a grant from Soil & Water.

Shoulders will be done when Blades has time. Striping out there will be done by the County, probably next year.

The Highway Crew is getting ready for the winter season, mowing roadsides so the grass won't drift the snow into the ditches and roads.

Emergency Management is holding a federally mandated class for all highway superintendents in the future. Superintendent McGlynn and D e p u t y H i g h w ay Superintendent Travis will be attending.

Mr. McGlynn was contacted by the gas company pounding the ground with their heavy equipment in the Joint Road area. They sent the town a check for damages to the town road.

Attorney Squires asked if Mr. McGlynn received recompense for damage done to the Turnpike Road from the farmer who plowed up the road last year. He hadn't heard from him so Attorney Squires will contact the resident. The runoff from this same man's fields has caused damage to a residence below his property and he won't let Soil & Water do anything on his land to relieve the problem.

Mr. McGlynn received the photographs from Supervisor Muller of the salt pile and standing water to be included with the application for the Salt Barn grant.

Land Use Investigation Committee:

Mr. Muller read a letter from Chairman Bill Hudson on the status of the Land Use Regulation Committee. They plan to hold two meetings for public input at the Dormann Library on October 19 and Thursday November 9. They would like an additional $100 to use for expenses for advertisements and making copies.

Motion by Councilman Kropp, seconded by Councilman Glosick, t o approve an additional $100 for the Land Use Committee expenses.

Adopted: Councilman Glosick, aye; Councilman Kropp, aye; Councilperson Lattimer, aye; Councilman Burns, aye; Supervisor Muller, aye.

Attorney Squires: He had nothing to report.

Council Committees

Supervisor Muller had no other reports.

Councilman Glosick had nothing to report.

Councilperson Lattimer reported that she attended the luncheon representing the Town of Bath on the Small Cities Grant the Town received. She suggested the Town of Bath sit down with SCAP, which applied along with the Town of Bath, and go over the guidelines with them. The Town of Bath is ultimately responsible for the grant procedures. The Town has two years to complete out the entire grant.

Councilperson Lattimer was involved in a teleconference between the attorney for Bath Electric, Gas & Water Systems, Mr. Lindsay, owner of Southview Manor and his attorney, the Public Service Commission for a resident at the park who wanted to be hooked up to electric service. Ms. Lattimer's concern was for the interest of the Town of Bath. The other issue was safety of the resident because there is no access for fire trucks in case of emergency.

Mr. Buckland said he couldn't give a permanent Certificate of Occupancy without a driveway, an inspected electric service, insulation under the home, and skirting. Councilperson Lattimer wants to make the Public Service Commission aware of the other issues besides electric service at the site.

Mr. Lindsay has been told by Bath Electric, Gas & Water they need a plan for electrical upgrades. Mr. Buckland stated there needs to be night lights installed out there too. Consensus of the Town Board was to give Mr. Lindsay a 30 day temporary Certificate of Occupancy. Bath Electric, Gas & Water Systems agreed to hook up the home. The Town of Bath was assured it could enforce the Code. Code Officer Buckland will inspect the place as soon as possible.

Councilman Burns attended the Village of Savona Board meeting on Sept. 21. There are two lights out at the end of County Route 14 and Route 415. He will contact NYSEG with pole numbers.

Councilperson Lattimer asked who cuts brush and trees around light poles. Supervisor Muller said the electric company is responsible for cutting brush. Mr. Burns will also address that issue with NYSEG.

Town Clerk, Marcia Burns: She presented claims against the Town of Bath for October 2006.

Motion by Councilperson Lattimer-seconded by Councilman Burns-to pay all audited claims against the Town of Bath for October 2006 as follows:

Fund Abstract Claim# Amount

General A 10-06 248 $222.05

Highway DB 10-06 110 700.00 $922.05

Fund Abstract Claim# Amount

General A 11-06 249-276 $ 5,081.44

General B 10-06 35-38 299.06

Highway DA 10-06 204-226 66,485.33

Highway DB 11-06 111-127 174182.68

$246,058.51

Adopted: Councilman Glosick, aye; Councilman Kropp, aye abstaining on vouch e r # D A 2 1 3 ; Councilperson Lattimer, aye and abstaining from voting on voucher #A250; Councilman Burns, aye; Supervisor Muller, aye.

Public invited to speak: John Lysyczyn asked the board how many fire contracts the Town has for fire service. Supervisor Muller said there are three; between Village of Savona, Kanona, and Village of Bath and the Town of Bath. He asked why we have a contract with the Village if it isn't the Village of Bath's fire department. Attorney Squires stated the Village has the over-all budget for the fire department. Mike Skelley said the fire department is its own entity. The village owns the equipment and gives it to the fire department to use. The Town contracts with the Village for fire services but our contract is based on equipment purchases. Supervisor Muller said we are buying fire service from the Village of Bath.

The fire department is volunteer, they don't make any money. The Village buys and owns the equipment and the fire department maintains it.

Motion by Councilman Glosick, seconded by Councilman Kropp, passed unanimously to enter into executive session to discuss the litigation against the Town of Bath at 7:52 p.m.

Motion by Councilperson Lattimer, seconded by Councilman Burns, passed unanimously to adjourn the executive session and close the meeting at 8:50 p.m.

Respectfully submitted, Marcia F Burns Town Clerk