Sun. Mon. Tues. Wed. Thurs. Fri. Sat. August 2008 1 Town Clerk's office Closed 2 3 Market Days 10-3 4 Court 7:00 P.M Town Clerk's office Closed 5 Town Board Work Session 7:30 P.M. Town Clerk no evening hours 6 7 Town Clerk's office Closed 8 Town Clerk's office Closed 9 10 Market Days 10-3 11 Court 7:00 P.M 12 13 14 15 16 17 Market Days 10-3 18 Court 7:00 P.M 19 Town Board Regular Meeting 7:30 P.M. 20 21 22 23 24 Market Days 10-3 25 Court 7:00 P.M 26 27 28 29 30 31 Market Days 10-3   Sun. Mon. Tues. Wed. Thurs. Fri. Sat. September 2008 1 Town Clerk's office Closed 2 3 4 5 6 7 Market Days 10-3 8 Court 7:00 P.M 9 Town Board Work Session 7:30 P.M. 10 11 12 13 14 Market Days 10-3 15 Court 7:00 P.M 16 17 18 19 Town Clerk's office Closed 20 21 Market Days 10-3 22 Court 7:00 P.M 23 Town Board Regular Meeting 7:30 P.M. 24 25 26 27 28 Market Days 10-3 29 Court 7:00 P.M 30         home] [businesses] [accommodations] [restaurants] [local attractions] [directions] © 2000 Town of Durham, NY

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Minutes of July & August Meetings of the Durham Town Board

Minutes of the workshop of the Town Board of the Town of Durham held
July 1, 2008 at the Town Building in Oak Hill, NY.

Present: Gary Hulbert - Supervisor
Linda Sutton - Councilperson
Jerry Cunningham - Councilperson
Jodi Wood - Councilperson
William Carr - Councilperson

Others: Tal Rappleyea-Town Attorney
Wes Moore-Highway Superintendent

Secretary: Chris Kohrs - Town Clerk

Supervisor Hulbert called the meeting to order at 7:06 p.m. Thirty-eight people were present.

Supervisor Hulbert shared the following items: July 5 there will be an Independence Day parade at 11:00 a.m. in East Durham with fireworks at 9:15 p.m. Durham Community Planners will hold Giffy's BBQ July 13 4 to 6 p.m.

Frasier Associates submitted the TEP Grant for $250,000, which the town would need to match 20% should it be awarded. We should have the results in December.

Proof of notice having been furnished the public hearing for the Valz Subdivision was called to order at 7:10 p.m. by Supervisor Hulbert.

All persons desiring to be heard, having been heard, the Hearing closed at 7:12 p.m. and the meeting reconvened.

Mrs. Sutton motioned to approve the Valz Subdivision 08-06 for 21.00-5-18 subdividing a 55 acres property into 2 lots (lot 1-47.4 +/- acres and lot 27.6+/- acres) with Mansard Avenue as the property line. Motion seconded by Mr. Cunningham all were in favor motion carried.


Mr. Cole of ERO reviewed the research and maps that they have completed to date for the Agricultural & Open Space Strategic Plan Grant & Hudson River Headwaters Protection Program Estuary Grant projects. Mrs. Sutton motioned to approve the contracts with ERO for the Agricultural & Open Space Strategic Plan Grant & Hudson River Headwaters Protection Program Estuary Grant projects, seconded by Ms. Wood. All were in favor motion carried.

Daniel Nevins requested permission from the Board to allow Justin Nevins to approve his Eagle Scout Project to purchase an AED (Automatic Electronic Defibrillator) for the Town Hall. Justin was not able to present his proposal as he was away at camp. The cost of the machine is approximately $1,000. He plans to raise the money thru fundraising events and perhaps corporate sponsorship. Mrs. Sutton motioned to approve the proposed Eagle Scout Project authorizing Justin Nevins to donate an AED for the Durham Town Hall, seconded by Mr. Cunningham. All were in favor motion carried.

The public hearing for the Firenze Subdivision was postponed until August 5, as the plans did not show the requested cul-de-sac for lots 1, 2 & 3.

The board reviewed the subdivision application Sub08-07 for Davanzo lot 35.00-4-26. The property was subdivided in 2006 from a single lot into two lots (Lot 1-3.410 acres, lot 2-6.543 acres). The boundary line along the driveway zigzagged; the potential buyer would rather a straight line. The proposed change would correct the zigzag and the acreage for lot 1 would now be 3.580 and for lot 2 6.372. Ms. Wood motioned to waive the public hearing and approve the boundary line change for Davanzo Subdivision Application Sub08-06 lot 1 changing from 3.410 acres to 3.580 acres and lot 2 changing from 6.543 acres to 6.372 acres. Mrs. Sutton seconded the motion, all were in favor motion carried.

The public hearing for JJ's Café Site Plan application was rescheduled for July 15, as there was no representation.

Les Armstrong questioned the board as to why the public hearing for the Blackthorne Ranch Site Plan Application to build an outside stage was waived. He is concerned for the noise factor for the neighbors. It was explained the public hearing was waived as the Blackthorne has previously held outside entertainment in the area that the stage is to be constructed. It was noted that the building inspector still has not received construction drawings.

Proof of notice having been furnished the public hearing for the Zoom Flume Site Plan Review was called to order at 8:17 p.m. by Supervisor Hulbert.

Mr. Aragona explained the proposed Wave pool would be 14,000 square feet, which will graduate from 0" to 4' deep. The hours of operation will be 10 a.m. until dark. The waves will be generated by air pushed through chambers, which will create 18" waves at approximately 20-minute intervals. The pool will be constructed of concrete and will be wide at the shallow end allowing the waves to dissipate as they would at the beach. The location of the pool is on the Country Side Place of the resort off the newly construction bridge connecting the two businesses and will only be accessible through the water park. The pool is not visible as you drive past on Elliot Place Road as it sits down below road level, which should aid in dampening the noise generated from the participants. The water is re-circulated chlorinate and filtered. As they are not permitted to use well water for the pool, they will rely on their already established five million gallon manmade reservoir to supply the water.

All persons desiring to be heard, having been heard, the Hearing closed at 8:22 p.m. and the meeting reconvened.

The board completed the Full Environmental Assessment Form Part 1. Mr. Cunningham motioned to make a Negative Declaration for the Full Environmental Assessment Form Part 1 for Zoom Flume Wave Pool seconded by Mrs. Sutton. All were in favor motion carried.

Ms. Wood motion motioned to authorized Supervisor Hulbert to sign the SEQR Full Environmental Assessment Form for Zoom Flume Wave Pool seconded by Mr. Cunningham. All were in favor motion carried.

Proof of notice having been furnished the public hearing for the Shannon View Site Plan Review was called to order at 8:36 p.m. by Supervisor Hulbert.

Matthew Talty reviewed the project with the board. Water approval is pending from the Department of Health on the existing well and suggested filtration system. The building will be faced with the existing red brick and white windows. Some existing windows may become doors with a balcony for fire escapes.

All persons desiring to be heard, having been heard, the Hearing closed at 8:40 p.m. and the meeting convened.

Mr. Cunningham motioned to approve the Site Plan application SPR08-03 for Shannon View (Matthew Talty) seconded by Mrs. Sutton. All were in favor motion carried.

Mr. Carr motioned to approve the Blackthorne fireworks application contingent upon receipt of the diagram outlining the display area and surrounding structures, seconded by Mr. Cunningham. All were in favor motion carried.

Mr. Rappleyea will contact Mr. Dudley regarding the contract and insurance for the gazebo at the Michael J Quill Irish Cultural and Sports Center.

Mrs. Sutton motioned to adjourn at 9:00 p.m. seconded by Mr. Carr.

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Minutes of the regular meeting of the Town Board of the Town of Durham held
July 15, 2008 at the Town Building in Oak Hill, NY.

Present: Gary Hulbert - Supervisor
Linda Sutton - Councilperson
Jerry Cunningham - Councilperson
Jodi Wood - Councilperson
Absent: William Carr - Councilperson

Others: Tal Rappleyea-Town Attorney
Wes Moore-Highway Superintendent

Secretary: Chris Kohrs - Town Clerk

Supervisor Hulbert called the meeting to order at 7:30 p.m. Twenty-two people were present.

Ms. Wood motioned to accept the minutes of June 3 and June 17, seconded by Mr. Cunningham. All were in favor motion carried. (Absent: Carr)

Highway Superintendent Moore reported that the highway crew has completed most of the oil and stonework for the season. Hervey St and Hervey Street Sunside Road, Golden Hill Road from the bridge to County Route 20, Pine Woods, Sherwood Forest and Enchanted Valley Road we completed under the Chips Program. They continue to clean ditches, trim, as well as replace a few driveway culverts. Carver Sand and Gravel is hauling in snow sand at $6 per yard for product and $5 per yard for hauling. It would have cost the town $5.85 per yard to haul.

Highway Superintendent Moore requested permission to postpone the addition to the sand/salt building as the cost has increased substantially from the May bid of $38,000. He is requesting to take the $25,000 set aside in the budget for the sand/salt building project and use the funds to repair the parking lot. Approximately half the driveway has returned to a dirt surface from wear and tear. He is proposing to remove the remainder of the black top, repair the sub base and repave the yard. He has the materials for the sub base, has received quotes from Carver Sand, and Gravel $64,000 and Peckham Material $94,000. To motor pave the yard using Peckham paver with our product and their oil the cost would be $29,695. With the $25,000 from the salt/sand building, the remainder would cost approximately $4,695.

Mr. Cunningham motioned to approve repair of the parking lot between the Salt Shed and the Highway garage at an estimated cost of $29,695 from Peckham Material using the funds set aside for expansion of the Salt/Sand building, seconded by Ms. Wood. All were in favor motion carried. (Absent: Carr)

Highway Superintendent Moore requested permission to replace the 1,000-gallon underground heating fuel tank. He would like to replace it with a 1,000 gallon above ground fuel tank. He has received quotes from Highland Tank & Mfg $3,977 and Northeast Petroleum Technologies Inc. $4,458.13 (includes fittings and piping to have the tank ready to use). The current tank has fuel between the outer wall and the interior wall. It will cost an estimated $2,500 to hire a company to work with us to remove and clean out the old tank, take soil samples to be tested for contaminants, report findings and certify the tank removal complied with DEC regulations.

Ms. Wood motioned to approve the purchase from Northeast Petroleum Technologies Inc. for $4,458.13 a 1,000 gallon above ground fuel tank and removal of the existing 1,000-gallon tank in accordance with DEC regulations. Motion seconded by Mrs. Sutton all were in favor motion carried. (Absent: Carr)

Proof of notice having been furnished the public hearing for the JJ's Café Site Plan Application SPR08-07 was called to order at 7:12 p.m. by Supervisor Hulbert.

Supervisor Hulbert explained that the project was completed. The applicant understood if the project was less than $20,000 or fewer than 1,500 sqft architectural drawings were not required. He also brought some concerns with the project to the attention of the Building Inspector to address with the applicant.

All persons desiring to be heard, having been heard, the Hearing closed at 7:48 p.m. and the meeting reconvened.

Ms. Wood moved to approve the Site Plan Review Application for JJ's Café SPR08-07 contingent upon the building inspector and the applicant correcting the concerns brought to light by the Supervisor. Mr. Cunningham seconded the motion, all were in favor motion carried. (Absent: Carr)

Mrs. Sutton motioned to approve new members James Haugh (active) and Larry Salisbury (junior) to the East Durham Vol. Fire Co. seconded by Mr. Cunningham. All were in favor motion carried. (Absent: Carr)

Sgt. Sutton explained that starting 8 a.m. Wednesday, July 16 the Grey Fox Bluegrass liners will begin their caravan from Allan Teator Road to the Walsh Farm in groups of 20. Music for the festival will start at noon on July 17.

Building department reported issuing the following permits: 4-septic, 5-addition/alterations, 1-demo, 1-deck, 2-site plan reviews, 2-mobil homes, 1-truss, 1-modular.

NYS Department of State Building code pertaining to architectural drawings was reviewed. The building permit application will be corrected to read the following:

All residential plans to be stamped by architect or engineer licensed by the State of New York, (for buildings over 1,500 sqft) All commercial plans to be stamped by architect or engineer unless project is less than $20,000.

Notification was received for speed limit reduction on Niles Road/Lee Road to 45 mph and Camp Medusa/Saybrook Hill Road to 40 mph.

Mr. Cunningham motioned to approve the Mass Gathering Permit MGP08-02 for July 17-20, 2008 seconded by Mrs. Sutton. All were in favor motion carried. (Absent: Carr)

Received an invitation from Sally Sharkey, Cairo-Durham School Superintendent to attend the first annual Neighborhood Support Meeting on July 31, 2008 at 2:30 p.m. Members of the board are very interested in the project; however, do to the time of the meeting they are not able to attend. The Clerk will send a letter of explanation.

The attacking Code Enforcement Officer is Supervisor Hulbert and the COE from Greenville as needed.

Oak Hill Preservation Committee will hold the Annual Oak Hill Day Saturday, July 26 from 9 a.m. to 4 p.m. They are raising funds to aide in the restoration of the Durham United Methodist Church. Many events are planned including bake sale, dinner, yard sales; the 77th Balladeers will pay tribute to the 200th birthday of President Lincoln etc.

Councilman Cunningham discussed his concerns regarding zoning or no zoning. He would like to research the topic emphasizing that he is not stating he is in favor of zoning only that it should be examined as more and more development is entering the county. Additional discussion followed.

Bill Nolan of Oak Hill requested increase presence in the village of Oak Hill to enforce the speed limit.

Mrs. Sutton motioned to approve the following transfers, seconded by Mr. Cunningham. All were in favor motion carried. (Absent: Carr)

FROM: General Surplus $ 1,134.00
TO: A5132.207 Building Contractual
FROM: General Surplus $ 500.00
TO: A7410.400 Library Contractual

Abstract #812, consisting of 2008 Vouchers #562 through #575 for $15,543.71 was reviewed and approved for payment. The total was broken down as follows:

General Funds $ 648.50
Trust & Agency $ 14,895.21

Abstract #813, consisting of 2008 Vouchers #576 through #622 for $16,1187.53 was reviewed and approved for payment. The total was broken down as follows:

General Funds $ 24,189.39
Highway Funds $ 136,365.66
Street Lighting $ 632.48

Ms. Wood motioned to adjourn at 9:10 p.m. seconded by Mrs. Sutton.

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Minutes of the work session of the Town Board of the Town of Durham held
August 5, 2008 at the Town Building in Oak Hill, NY.

Present: Gary Hulbert - Supervisor
Linda Sutton - Councilperson
Jerry Cunningham - Councilperson
Jodi Wood - Councilperson
William Carr - Councilperson

Others: Tal Rappleyea-Town Attorney (8:00 PM)
Patricia Fetty-Deputy Town Clerk
Absent: Chris Kohrs - Town Clerk

Supervisor Hulbert called the meeting to order at 7:30 p.m. Twenty-eight people were present.

Greene County Council of the Arts has asked for $275 to support their summer program. The Town has supported this in previous years. Mrs. Sutton made a motion seconded by Ms. Wood to support the program for $275. All were in favor and the motion passed.

Supervisor Hulbert received information from Real Property that the final state equalization rate for the Town of Durham is 61% and the closest to our rate is Cairo, at 57%.

Also, Central Hudson has applied for a rate increase for 3.5% for electricity and 9% for natural gas.

An Ag & Open Space Meeting will be held on Wednesday, August 13 at 7:00 PM.

The Durham Republican Caucus will be held on Tuesday August 26, 2008 at 7:30 PM for the Town Clerk position.

Mr. Hulbert read information from the court to apply for a grant thru the NYS Unified Court System:


RESOLUTION 2008-14
Town Board of the Town of Durham
Proposed Court Grant
August 5, 2008

WHEREAS, the Durham Town Board has considered the matter of an application for a grant for office supplies and court room furniture for the Town Court,

NOW THEREFORE, BE IT RESOLVED, that the Durham Town Board hereby requests that the New York State Unified Court System consider the Town of Durham's application for available funds for office and court room furniture for the Town Court.

RESOLUTION MOTION MADE BY Ms. Wood
SECONDED BY Mr. Cunningham

ROLL CALL:

Supervisor Hulbert Yea
Councilperson Sutton Yea

Councilperson Carr Yea
Councilperson Cunningham Yea

Councilperson Wood Yea

CARRIED.
DATED August 5, 2008

A change of plans for the Firenze subdivision was presented. Mr. Firenze is removing the right of way and shared road and changing the project from four parcels to three, all with access to town roads. The board put the above on hold until Attorney Rappleyea arrived.

Mr. Aragona discussed a variance for a pool alarm for the new wave pool that the Zoom Flume is constructing. New York State passed a law in December 2006 that all pools need an alarm. The State regulates the law, but local towns have to enforce them.
Mr. Aragona has researched three different pool alarms and has not been able to find one that is practical for the wave pool. One is a laser fence that goes around the pool, but is built for only 75 feet. The next is one that attaches to the bottom of the pool, but only detects 18 pounds. The third is an alarm that attaches to the side of the pool and sends out a signal 20 feet, but the pool is 125 feet. The alarm would cover the edges of the pool, but would not cover the front entrance of the pool. The company is working on an alarm that would send a signal to 50 feet. The wave pool does have a four feet fence around it. Attorney Rappleyea arrived at the meeting. Councilman Cunningham asked if a variance would hold up the work. Attorney Rappleyea would research the problem and bring information to the next meeting.

Attorney Rappleyea was brought up to date on the Firenze subdivision. Mr. Firenze will need an engineer to figure out the culvert size for the existing driveway and proposed driveway and cross sections. A public hearing is scheduled for September 2, 2008.

Mr. McGuire commented that the July 4th parade was excellent.

The board approved vouchers for Greene County Youth Fair Fireworks and Sweetridge Security.

Supervisor Hulbert read a thank you note from Don Teator for the use of Brandow Park.

Mr. Cunningham made a motion and seconded by Mr. Carr to adjourn the meeting at 8:13 and enter an executive meeting. The board returned to regular meeting at 8:40 pm. Mr. Hulbert reported that the executive session had resulted in a postponement.

Ms. Wood made a motion to adjourn the meeting at 8:41 PM and seconded by Mrs. Sutton. All were in favor and the motion carried.

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Minutes of the work session of the Town Board of the Town of Durham held
August 19, 2008 at the Town Building in Oak Hill, NY.

Present: Gary Hulbert - Supervisor
Linda Sutton - Councilperson
Jodi Wood - Councilperson
William Carr - Councilperson
Absent: Jerry Cunningham - Councilperson

Secretary: Chris Kohrs - Town Clerk

Others: Tal Rappleyea-Town Attorney

Supervisor Hulbert called the meeting to order at 7:30 p.m. Fourteen people were present.

Highway Superintendent Moore reported the men used the blacktop from Carvers on several projects, repairing shoulders on several of our roads and patching a rough section of Cochrane Rd. using 107.41 tons and 71.43 tons on the intersection of McCafferty at St Rt. 81.

The crush stone from Carvers and the oil from Peckham Material along with a paver from Peckham the highway crew repaved the Town yard two weeks ago. The men first removed al the old pavement and graded the yard to run the rainwater away from the town building. The new pavement thickness is 4"- old pavement was 3".

Five thousand gallons of liquid calcium was used for dust control on our dirt roads in early July. The crew has also taken down more dead trees around town and replaced a few culverts. Carvers hauled in the last of the 1000 yards of snow sand ordered last week.

Supervisor Hulbert read the report from the following report from the building report. The following permits issued two septic, three structures, four addition/alterations and one deck.

Tax Collector reported tax collection by the town is complete and the books were turned over to the county treasurer August 13.

Report of the Judges was received.

Attorney Rappleyea stated no updates as of this time.

Mr. Carr motioned to approve a request from the court to add caller id to their phone. Ms. Wood seconded motion. All were in favor the motion carried.

Ms. Wood motioned to approve a request from the court for Judge Kennedy and clerk Hull to attend a training session in Niagara Falls, January 21-24. Mrs. Sutton seconded the motion; all were in favor motion carried.

Tim O'Donnell addressed the board and the audience regarding the progress of a proposed cell tower at 44 McCafferty Road. There will be a balloon float on August 26 and September 2 from 7:30 a.m. to 11:30 a.m. with a rain/wind date the following day. The tower company will publish the notice in the paper and contact the abutting property owners. The proposed tower is 90' extendable to 120 feet. A study has been performed and it has been determined that 100' vs. 180' tower would not again significant increase in coverage. Two additional sites in consideration are the Moore property on Saybrook Valley Road and Blackthorne Resort.

Mr. Carr motioned to authorize Attorney Rappleyea contract CT Male as RFD consultant for the town in this matter. Seconded by Mrs. Sutton; all were in favor motion carried.

Mr. O'Donnell requested a quote so his company could raise the money necessary for the escrow.

Ruth Gutman with the Rip Van Winkle Tobacco Free coalition of Greene & Columbia Counties presented her request that the board consider posting their parks as smoke free environments especially around the playground and areas that the children typically play.
Discussion followed not action was taken.

The board discussed the variance application from the Zoom Flume for the alarm on the proposed wave pool. Attorney Rappleyea explained he is waiting for Mr. Aragona to get back to as he may have found an alarm that will conform to the requirement. Mrs. Sutton speaking on behalf of the neighbors of the Zoom Flume requested that they each receive a copy of the SEQR impact statement previously completed.

Mary Lou Nahas reported that each of the Stone Arch Bridges in the town have been named to the National Historic Preservation Registry. This designation will help to secure funding opportunities to aide in their restoration. She also offered to assist with this when the town is ready to proceed.

Ms. Wood suggested the board obtain a list of requirements for the Town Health Officer and look into finding a replacement for the vacancy left when Dr. Goldstein resigned.

Elsie Allan, Town of Durham Republican Chairperson announced there would be a caucus Tuesday, August 28, at 7:30 p.m.

Mr. Carr motioned to obtain estimates to replace the windows in the meeting hall seconded by Ms. Wood. All were in favor motion carried.

Mrs. Sutton motioned to approve the following transfers, seconded by Mr. Carr all were in favor motion carried.

FROM: A1990.400 Contingent $ (5,000.00)
TO: A1220.400 Supervisor, Contractual $5,000.00
FROM: A1990.400 Contingent $ (200.00)
TO: A5010.400 Superintendent, Contractual $ 200.00
FROM: A5132.208 Salt Bldg-Capital $ (25,000.00)
FROM: General Surplus $ (4,274.00)
TO: A5132.207 Other Cap. Improvement $ 29,274.00
FROM: Hwy Surplus $ (4,000.00)
TO: DA5130.400 Hwy Machinery, Contractual $ 4,000.00
Abstract #814, consisting of 2008 Vouchers #623 through #637 for $20,981.20 was reviewed and approved for payment. The total was broken down as follows:

General Funds $ 6,051.49
Trust & Agency $ 14,929.71

Abstract #815, consisting of 2008 Vouchers #638 through #702 for $98,466.02 was reviewed and approved for payment. The total was broken down as follows:

General Funds $ 53,535.91
Highway Funds $ 44,208.48
Street Lighting $ 721.63


Mrs. Sutton motioned to adjourn at 8:55 p.m. seconded by Mr. Carr.