Candor Town Board Meeting
October 9, 2012
101 Owego Road
Candor, NY 13743
The Regular meeting of the Candor Town Board was called to order at 6:00pm with review and approving of vouchers. At 7:00pm the Board opened with prayer and Pledge of Allegiance.
Present: Supervisor Robert Riggs, Clm. George Williams, Clm. William Strosahl, Clm. Joseph Bish and Clm. Dan Lindsay.
Others Present: Highway Superintendent Kevin Noble, Code Officer James Douglas, Attorney Reinaldo Valenzuela and Town Clerk Connie Kulze.
Guest: 10 People from the Public, Mayor Eric Halstead, Village Trustee Gary Consalvi, County Legislator William Standinger and 1 Press Representative.
M-89 Clm. Williams moved, seconded by Clm. Strosahl to accept the minutes of September 11, 2012 Regular Meeting as presented. Vote: Riggs-aye, Williams-aye, Strosahl-aye, Bish-aye and Lindsay-aye.
M-90 Clm. Bish moved, seconded by Clm. Strosahl to accept the minutes of September 25, 2012 Special Meeting as presented. Vote: Riggs-aye, Williams-abstained, Strosahl-aye, Bish-aye and Lindsay-aye.
M-91 Supervisor Riggs moved, seconded by Clm. Williams to approve General and Highway Vouchers as presented. Vote: Riggs-aye, Williams-aye, Strosahl-aye, Bish-aye and Lindsay-aye.
Supervisor’s Report, Town Clerk’s Report and Dog Officer’s Report were presented to the Board and are filed with the Clerk.
Committee Reports:
Assessor’s – Clm. Strosahl reported that Assessor Denise Spaulding had two small claims in September.
Assessor Spaulding has received many phone calls about the large tax bills people are complaining about. Denise has two openings for Board of Assessment review members. If anyone is interested please have them send letters of interest in before the November Board Meeting. Denise would like permission to order a new color printer which costs $159.00.
M-92 Supervisor Riggs moved, seconded by Clm. Strosahl to grant permission for Assessor Spaulding to order a new color printer for the cost of $159.00. Vote: Riggs-aye, Williams-aye, Strosahl-aye, Bish-aye and Lindsay-aye.
Buildings & Grounds – Clm. Strosahl and Code Officer Douglas are getting estimates to replace the overhead garage doors, insulation and overhead heater estimates. Clm. Strosahl mentioned that ceiling fans in the highway barn might circulate the heat better. Also mentioned was the light above the Court door is flickering and Gary Kirk will be contacted.
Code Enforcement – Officer Douglas stated discussing repairs at the Town Barns with Clm. Strosahl. Scott Smith & Suretemp will prepare estimates to replace the overhead heaters in the storage bays. Douglas also requested estimates to add a small gas heater to the dog kennel and a new boiler. He contacted Bakers overhead garage doors for an estimate on replacing the door openers & sealing the doors with weather stripping. He will start installing the new dog kennel runs next week. Officer Douglas spoke with Bob Torba our State Representative about FEMA progress. FEMA is bringing in a Dam Specialist.
Equipment, Cemeteries & Cable TV – Clm. Williams authorized Tony Barnhart to do the tree cutting in the Woodbridge Cemetery, which has not been done yet. Attorney for the Town is waiting to hear back from Time Warner regarding the contract.
Highways & Highway Contract – Clm. Bish stated the highway negotiations are going semi-well and in the process of investigating a used grader.
Planning Board Liaison – Clm. Williams said in regards to the Critical Environmental Area for the Well Protection there is a portion of the TING that covers the description of what that critical area is or should be and how it should be treated. Training School for the Planning Board is coming and were wondering where they stand financially.
M-93 Supervisor Riggs moved, seconded by Clm. Williams to approve the Planning Board to attend the schooling to further their education. Vote: Riggs-aye, Williams-aye, Strosahl-aye, Bish-aye and Lindsay-aye.
Supervisor Riggs stated the next steps in adopting the CEA would be to submit a written public notice that identifies the CEA boundaries and to conduct a public hearing regarding CEA designation.
Dog Control & Kennel – Clm. Bish stated James Douglas will be starting on the kennels next week.
Town Clerk will be publishing a notice on the CEA and at our Special Meeting on October 23, 2012 the Board will announce the Public Hearing to be on the next Regular Meeting of the Town Board.
Old Business
Supervisor Riggs opened the floor for discussion on the Town take over street maintenance for the Village of Candor. Village Trustee Gary Consalvi, Mayor Eric Halstead, resident Frank Musgrave and resident Bill Leonard addressed the Board with their concerns. Much discussion took place.
Mayor Eric Halstead will be getting back with Supervisor Riggs regarding the road maintenance and snow removal for the Village of Candor. Attorney Valenzuela will be looking into it.
· Settlement of Lawsuit regarding the Town’s right of way on Logan Hill Road.
· The settlement states in part:
· WHEREAS, the plaintiffs, who own real property along Logan Hill Road in the Town of Candor, Tioga County, New York, filed this lawsuit against the Town of Candor and its Highway Superintendent, and the remaining defendants, who also own real property along Logan Hill Road, seeking, among other things, a judicial determination regarding the Town's interest in Logan Hill Road, and
· WHEREAS, the defendants, Town of Candor and Eric Halstead as the Superintendent of Highways, filed a cross claim for similar relief, and
· WHEREAS, defendants Village of Candor, Chad Heidi, Betsy Del Mauro, Alan Del Mauro, Susan Douglas, James Douglas, Cotton-Hanlon, Inc. and Finger Lakes Land Trust, Inc. having defaulted in pleading and failed to appear, and a default judgment having been entered against all of them dated January 28, 2008 finding that they are in default and final judgment shall be entered against such defendants at the time of or following the trial, or other disposition of the action against such defendants, and
· WHEREAS, Defendant Eric Halstead is no longer employed with the Town of Candor, and is no longer a proper party to this action, and
· WHEREAS, Logan Hill Road in the Town of Candor is a dirt road and is currently designated as a seasonal use road, starting at the seasonal use sign located in the vicinity of the east line of Robert and Rita Pantle, and the Town of Candor has no plans or intentions of opening up the road for year-round use at this time, and
· WHEREAS, the Court having rendered a decision dated May 14, 2012 in regards to the summary judgment motions filed by the plaintiffs and answering defendants, finding questions of fact requiring a trial of the matter, and
· WHEREAS, the plaintiffs and defendant, Town of Candor, wish to enter into this Settlement Agreement in full and final satisfaction of all claims which were made in this lawsuit, or could have been made in this lawsuit, with respect to Logan Hill Road, including claims for trespass, property damage, etc. made by Plaintiffs, and
· WHEREAS, the parties agree that before this Settlement Agreement is binding upon them and each of them, that the Court shall review this Settlement Agreement, and if acceptable, "So Order" this settlement and a copy of which, with Notice of Entry, shall be served on all parties, including the defaulting defendants, and a copy shall be filed in the Tioga County Clerk's Office and indexed against all parties to this lawsuit and their respective real properties located along Logan Hill Road, and it is intended that this agreement shall be binding on all parties in this action, including those that defaulted.
· WHEREAS, the historical records of the Town of Candor, for the year 1818, describe a road in the general area of Logan Hill Road, but the exact location of large parts of that road are not clear to anyone living today.
· NOW, therefore, it is agreed, subject to Court approval, as follows:
1. For purposes of this Agreement, the term "north/south section of Logan Hill Road" shall mean that portion of Logan Hill Road in the Town of Candor beginning at a point where Logan Hill Road meets Water Street at the corporation line of the municipality of the Town and Village of Candor, then heading in a southerly direction, ending at a point where Logan Hill Road turns to the right and heads in an east/west direction, as shown on the survey map of George R. Williams, certified March 1, 2007 (hereinafter "Williams Survey").
2. For purposes of this Agreement, the term "east/west portion of Logan Hill Road" shall mean that portion of Logan Hill Road in the Town of Candor beginning in the southeast corner then heading in a westerly direction until it reaches the east line of Robert and Rita Pantle as shown on the Williams Survey.
3. For purposes of this Agreement, the term "Logan Hill Road" shall mean both the east/west and the north/south portions as defined herein.
4. The north/south portion of Logan Hill Road is hereby stipulated to be a "highway by use" or "road by use", the width of which is limited to the width maintained by the Town's historical use from bank to bank. The Town’s right to trim trees and brush in this section is limited to the actual width of the road, including ditches, and to a height of ten feet above the road.
5. Subject to the limits in paragraph 6, the parties stipulate that the town has an easement for the east/west portion of Logan Hill Road three rods in width. Where the Darlingtons have not installed fences or gates, it shall be 1 ½ rods from the center line in each direction as the center line is shown in the Williams survey. However, where the Darlingtons have installed fences or gates on the north side, the north edge of the 3-rod right of way shall be 1 foot south of those fences or gates.
6. The east/west portion of Logan Hill Road shall remain treated as a “highway by use” or “road by use” with the limitations described in paragraph #4 until the Town issues a building permit for property located along the east/west portion of Logan Hill Road, then the Town shall have the right (but not the obligation) to change the status of the east/west portion of Logan Hill Road, beginning at the driveway for the new building, then heading west to Tuttle Hill Road, from a “highway by use” to an easement for Town highway purposes with a width of 3 rods.
7. Starting immediately, the Town of Candor shall have the right (but not the obligation) to move the Darlington’s fence existing along the edge of the south side of the east/west portion of Logan Hill Road, to a point approximately 2 feet from the edge of the ditch if one currently exists, or edge of the traveled portion of the road, whichever is greater. The Darlington’s south gate shall not be moved, as it already satisfies this rule. The new fence shall be at least as large, permanent, and serviceable as the present fence. However, the Town of Candor has no further obligation to maintain or replace such fencing. Any of the existing fencing that the town elects to replace rather than simply move shall be removed from the property and recycled or reused. The Darlingtons shall be notified in advance of said fence-moving so that they can be present.
8. The Town of Candor anticipates that there will be a requirement in the near future, by the State of New York, that Logan Hill Road be improved and the right of way widened, up to a width of three rods from the boundary of the Village of Candor up to the current driveway leading to the water tank that provides public water to the Village of Candor. Should this happen, the Town of Candor must comply.
9. The Town hereby acknowledges that it claims no title or interest to any portions of Logan Hill Road mentioned in the Town’s historical records except in the location of the current road.
10. We recognize that the Town will always have the right to take additional land or rights by the use of eminent domain.
…
· This resolution authorizes the Supervisor to sign said agreement absent any further changes or revisions. It is understood that any changes or revisions will require a new resolution authorizing the Supervisor
R-16 Supervisor Riggs moved, seconded by Clm. Bish to adopt the above Resolution. Vote: Riggs-aye, Williams-aye, Strosahl-aye, Bish-aye and Lindsay-aye.
· Appoint Deputy Bookkeeper
· Whereas, Town Law Section 29(15) authorizes the Town Supervisor to appoint a bookkeeper;
· Therefore, the Supervisor appoints Gretchen Huizinga as the Deputy Bookkeeper.
Legislator William Standinger addressed the Board regarding the County 2013 Budget which is staying below the 2% cap and stated the County is in good hands.
General Government Claims on Abstract #10 for 2012, numbers 286-321 in the amount of $31,379.27 were audited by the Board.
Highway Claims on Abstract #10 for 2012, numbers 473-489 in the amount of $331,827.50 were audited by the Board.
M-94 Supervisor Riggs moved, seconded by Clm. Lindsay to approve the Town entering an agreement with the Anchor Group for the Retiree Health Coverage. Vote: Riggs-aye, Williams-aye, Strosahl-aye, Bish-abstained and Lindsay-aye.
Special Meeting for the Town Board will be held on October 23, 2012 to discuss the 2013 Budget.
M-95 Supervisor Riggs moved, seconded by Clm. Williams to go into Executive Session to discuss the 2013 Budget at 9:00pm.
M-96 Clm. Bish moved, seconded by Clm. Lindsay to come out of Executive Session at 10:55pm.
M-97 Clm. Bish moved, seconded by Clm. Lindsay to adjourn the regular meeting at 10:56
