February 14, 2023
TOWN BOARD MEETING
TOWN OF COXSACKIE
February 14, 2023
PRESENT:
Richard Hanse, Supervisor
Thomas Burke, Councilman
Patrick Kennedy, Councilman
Bambi Hotaling, Town Clerk
Donna Wasilewski, Bookkeeper
ABSENT:
Michale Veeder, Councilman
Linda Wilkinson, Councilwoman
GUESTS:
See attached sign in sheet
No public comments were offered on the proposed local law. A motion to close the public hearing at 7:05 pm and open the regular board meeting was made by Patrick Kennedy seconded by Thomas Burke and duly carried.
Supervisor introduced the attorney for the Town, Tal Rappleyea who addressed the public with an overview of the Gallivan mining operation as summarized below:
–NYS Legislature enacted a set of laws to govern mining in the State, entitled the Mine Land Reclamation Act (MLRA—Title 27 of the Environmental Conservation Law). This law removed almost all of the review and permitting authority from local municipalities and placed it with the Department of Environmental Conservation and preempted almost all local laws, including zoning regulating mines.
–The MLRA controls the manner of mining, blasting, area of the mine, trucking, dust and all other associated items.
–Local municipalities are given a small piece of review for new mines, but that Site Plan review is basically limited to what the external portion of the mine will look like and the hours of operation.
–The Gallivan Mine (formerly Gary’s Mine) has been in existence since before the Coxsackie Zoning Law was adopted and thus is a preexisting nonconforming use. In 2020 Gallivan obtained an extension/expansion of the mine. The Coxsackie Code Enforcement Officer determined that the expansion did not trigger a new Site Plan because the mine was preexisting.
–At this point the Town has no authority to act, however, it can assist with the grassroots effort of neighbors by contacting DEC and the State representatives to ensure that the terms of the mining permit are strictly followed and in the event there are any violations that they be corrected immediately, and appropriate punishment be administered.
Many members of the public including the following addressed the board with their various concerns regarding air quality, health and safety, property damage, noise, blasting not being noticed, drainage and ponding patterns being altered, mud and dirt being tracked onto the road, loads not being tarped, and how their quality of life has been and is being impacted.
Bitta Albright, Joe Polach, Bill Albright, Beth Tailleur, Anne Hughes, Greg Sager, Johnathan David Howard, Bill Whitbeck, Fred Hinrichsen, Christine Sager, Dennis Kiefer, Grace Schnare, Ron Rausch, Chip Tailleur, Raina Joshberger, Carol Metz, Beck Anderson, Camiella?
Inquiries were made as to what if anything the Town Board could do about the situation. It was suggested that the surrounding landowners could take action against Gallivan directly.
Bill Whitbeck spoke with Mr. Vargos of DEC at length, he stated that people can call him regarding the situation 518-357-2254. Dennis Kiefer suggested that the public contact EMSHA with their concerns.
Supervisor thanked everyone for their input; the public portion of the meeting was closed.
A motion to adopt Local Law #2-2023 was made by Thomas Burke seconded by Patrick Kennedy and duly carried.
Ayes: 3 – Hanse, Burke, Kennedy Absent: 2 – Veeder, Wilkinson
A motion to accept the minutes of January 10 and January 20, 2023, was made by Thomas Burke seconded by Patrick Kennedy and duly carried.
Department reports were received from Code Enforcement and Chief of EMS.
Donation request of Coxsackie Hose Company No. 3 was presented. They will be hosting the Annual Convention this September and have asked for money to offset the cost of portable toilets in the amount of $1,968. A motion to approve was made by Thomas Burke, seconded by Patrick Kennedy and duly carried.
Ayes: 3 – Hanse, Burke, Kennedy Absent: 2 – Veeder, Wilkinson
The proposal for the Town’s commercial insurance was presented. Insurance is up about $7,400 for a total of $74,322.19. A motion to accept the proposal from Trident as presented by Marshall & Sterling was made by Patrick Kennedy seconded by Thomas Burke and duly carried.
Ayes: 3 – Hanse, Burke, Kennedy Absent: 2 – Veeder, Wilkinson
Donna Wasilewski reported that QuickBooks has been implemented and gave a review of the new financial reports. Revised year-end accounts of the Supervisor were presented for review.
UHY Proposal was presented for Justice Court accounting services, discussion ensued. No action was taken the Board has asked for more information.
Town Officials will be traveling to NYC for the New York State Association of Town’s Meeting February 19-22. Delegates need to be appointed to be able to vote on resolutions at the annual business meeting. A motion to appoint Richard Hanse as the Delegate and Thomas Burke as the Alternate was made by Patrick Kennedy seconded by Thomas Burke and duly carried.
Ayes: 3 – Hanse, Burke, Kennedy Absent: 2 – Veeder, Wilkinson
Standard Workday and Reporting Resolution for Elected and Appointed Officials was presented. Once approved and filed with the Comptroller’s Office, the Town will be current. The reporting has not been done in several years. Thomas Burke made a motion to accept the resolution as presented. Patrick Kennedy seconded the motion which was duly carried.
Ayes: 3 – Hanse, Burke, Kennedy Absent: 2 – Veeder, Wilkinson
A motion to declare the 2014 ambulance (former 75-1) as surplus and authorize the EMS Chief to sell on Auctions International was made by Patrick Kennedy seconded by Thomas Burke and duly carried.
Ayes: 3 – Hanse, Burke, Kennedy Absent: 2 – Veeder, Wilkinson
Tom reported that things are going well with the highway department. The grade all is being repaired, and the equipment list is being reviewed. Tom would like to have a meeting with Donna to review the five-year plan that he and Mike have been working with Larry on.
Tom Burke also reported that he continues working with the ambulance department. He and Rick had a productive meeting with Beau. Still gathering information regarding rates, revenue, calls to the prison, title changes, possibility of running two crews; more details will be forthcoming.
Patrick reported that he attended the Planning Board meeting of February 2 and will be attending the March meeting as well. There were discussions on regulating Air B n B’s and updating the comprehensive plan.
General Fund and Highway bills in the amount of $74,230.86 were audited on abstract #2, voucher numbers 2023-49 through 2023-114.
At 8:35 pm a motion to enter into executive session for the purpose of discussing litigation was made by Patrick Kennedy seconded by Thomas Burke and duly carried.
At 8:43 pm a motion to come out of execution session and adjourn the meeting was made by Thomas Burke seconded by Patrick Kennedy and duly carried.
Copies of all resolutions, agreements, and contracts are on file in the Town Clerk’s Office.
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Bambi Hotaling, Town Clerk
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