REGULAR MEETING, TOWN OF MARSHALL, JULY 12, 2011
A regular meeting of the Town Board of the Town of Marshall, County of Oneida, and the State of New
York was held at the Town Hall, 2651 State Rte. 12B, in Deansboro, NY on the 12th day of July 2011.
PRESENT: Nelson A. Blau Supervisor
Gary R. Ford Councilman
Susan McConnell Councilwoman
Sean McNamara Councilman
Steve Lollman Highway Superintendent
William Getman Town Attorney
Nancy A. Matteson Town Clerk
ABSENT: Eric Schachtler Councilman
OTHERS PRESENT: Assessor Kim Goodson, Planning Board Members Jamie Peck and Betty Hughes, ZBA
Chairperson David Georgius and member Anne Jasek, CEO Morris Sturtevant and Steering Committee
member Amy Buchholz.
The meeting was called to order by Supervisor Blau at 7:00 P.M. with the pledge to the flag.
RESOLUTION #99
MINUTES
On a motion by Councilman Ford, seconded by Councilwoman McConnell the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the minutes of the June 14, 2011 meeting be accepted.
RESOLUTION #100
MINUTES
On a motion by Councilman Ford, seconded by Councilman McNamara the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the minutes of the special meeting of June 22, 2011 be accepted.
RESOLUTION #101
MINUTES
On a motion by Councilman Ford, seconded by Councilwoman McConnell the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the minutes of the special meeting of June 29, 2011 be accepted.
RESOLUTION #102
MINUTES
On a motion by Councilman Ford, seconded by Councilwoman McConnell the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the minutes of the special meeting of July 6, 2011 be accepted.
TOWN BOARD MEETING
JULY 12, 2011 PAGE 2
RECOGNITION OF GUESTS:
Virginia Keith: Town of Marshall needs to be very concerned about hydrofracking with in the township.
Bonnie Reynolds: Town of Kirkland, most of the gas from hydrofracking will go out of the country. Just
say no to hydrofracking.
Chad Davis: County Legislator, hydrofracking will devalue the value of property.
Katherine Falin: Need to keep our water clean.
Toshia Hance: There is the possibility of 88 to 200 thousand wells in NYS.
Mark Humphreys: Need to protect water supply. Need to pass laws to put the cost burden on the gas
companies.
Tom Falin: Likes to purchase natural foods, without it being polluted.
Kim Goodson: Ask if the state can over ride the local government? Cannot override local roads and
local taxes.
Amy Buchholz: New events happening. Home rule that gives town priority. Cannot prohibit, but can
regulate where it will happen.
Kevin Bunger: Cannot band, but you can do zoning. At this time technology is not there to go forward
with hydrofracking.
Amy Buchholz: Work shop in Tully in August.
Chad Davis: If property is going to be devalued with hydrofracking the 5th and 14th amendments are
being violated by the DEC.
Supervisor Blau: The Town Board has asked the Planning Board to put everything they were previously
working on aside and come to the Town Board with a Local Law on hydrofracking.
Jamie Peck: There will be an informational meeting on hydrofracking on July 21, 2011 at 6:30 p.m. at
Waterville High School.
Betty Hughes: Working with the comprehensive plan it seems to be the consensus that the people of
the community would like to keep it a rural community. The Town needs a moratorium.
Supervisor Blau: The Town of Marshall is actively pursuing a moratorium and also the Planning Board is
working to educate the community.
TOWN BOARD MEETING
JULY 12, 2011 PAGE 3
Councilman Ford: Thanked everyone for their participation. Councilwoman McConnell and Councilman
McNamara thanked everyone for coming out. The Town Board has received a lot of good information to
review.
Robert M. Maciol: Oneida County Sheriff gave the Town contact information and gave a brief summary
of the Oneida County Sheriff's Department.
Patrick Brenan: Said what a good job Sheriff Maciol is doing. He is coming to the end of his first term.
Chad Davis: He gave a short report on what is happening in his legislative body.
BID OPENING:
Oneida Asphalt Products
Division of Vestal Asphalt, Inc.
7630 Route 20
Sangerfield, NY 13455
Surface treatment-$2.149 per gallon
Spreader $1249.00 per day
Roller (without man) no charge
The Gorman Group
Albany Location
200 Church St. Port of Albany
Albany, NY 12202
Surface treatment- $2.357 per gallon
Spreader $1300.00 per day
Roller (without man) $450.00 per day
Suit-Kote Corp.
41 Clinton Rd.
New Hartford, NY 13413
Surface treatment--$2.199 per day
Spreader no charge
Roller no charge
RESOLUTION #103
AWARDING BID
On a motion by Councilman Ford, seconded by Councilman McNamara the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
TOWN BOARD MEETING
JULY 12, 2011 PAGE 4
Nays 0
RESOLVED that the Town Board award the chip sealing bid to Suit-Kote at $2.199 per gallon subject to
approval and canvassing by the Highway Superintendent.
DEPARTMENT REPORTS:
A. Zoning Board of Appeals: Report presented.
B. Assessors: Report presented.
C. Zoning/Building Codes Enforcement Officer: Report presented.
D. Water Advisory Board: Had a meeting but no minutes were taken.
E. Planning Board: Report presented. The Planning Board presented the Town Board with a
draft of Local Law 1 2011, moratorium on hydrofracking. The provisions on the Law were
discussed. The length of the Law was changed from 6 months to one year.
RESOLUTION #104
HYDROFRACKING MORATORIUM
On a motion by Councilman Ford, seconded by Councilwoman McConnell the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the Town Board will hold a public hearing for Local Law 1 2011 imposing a moratorium
on hydrofracking at the next Town Board meeting on August 9, 2011 at 7:00 P.M.
F. Comprehensive Plan: The members of this Board are working very hard to finish the first
draft of the plan.
G. Highway Superintendent:
a. The box from the Paystar is rebuildable at a cost of $17,248. Looking for a cab and
chassis to put the box on.
b. The 2001 International needs to be converted to a one person operation (OPP). This
change will cost $2191.00.
RESOLUTION #105
OPP 2001 INTERNATIONAL
On a motion by Councilman Ford, seconded by Councilman McNamara the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
RESOLVED that Town Board authorizes the Highway Superintendent to spend $2191.00 to convert the
2001 International plow truck to a one person operation.
c. Highway Superintendent Lollman and Supervisor Blau attended a meeting with
Fema. The Town of Marshall may re-cope some of the repair costs of our roads
from the storms in April and May.
d. The first round of mowing is done. Started the second round today 7/12/2011. The
Town Tractor is in repair shop.
H. Town Clerk/Website Administrator: Clerk Matteson gave Supervisor Blau a check for
$225.00 for June business.
TOWN BOARD MEETING
JULY 12, 2011 PAGE 5
I. Attorney Getman: Reported on Buschmann litigation. The two attorneys's met with the
Judge on July 11, 2011. The Judge ask for a report in ten days. Both appraisals are apart in
regard to the barn building.
J. Supervisor's Report: Supervisor Blau went over report with the Town Board. Councilman
Ford ask if Supervisor Blau would look into putting $6000.00 of Hanover Cemetery monies
into a CD. Supervisor Blau said he would look into it. Supervisor Blau gave a summary of
the purchase of the loader:
a. New Loader cost $179,545.00
Insurance money -167,433.33
Balance due $ 12,111.67
There was much discussion as to how the Town will pay for equipment when it runs out of
insurance money. How does the Town want to pay for the new building not covered by insurance?
RESOLUTION #106
LOADER
On a motion by Councilwoman McConnell, seconded by Councilman Ford the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the Supervisor is authorized to pay for the new Loader with funds from the insurance
$167,433.33 and $12,111.67 from Equipment B5130.2 for a total of $179,545.00
Councilman Ford would like for the Town Board to have a plan in place for paying off the Town's debt
from the fire.
K. Committee Reports:
a. Parks & Recreation: Susan McConnell gave a report on Marshall Day activities.
Summer Recreation Directors will have a display of what the children have done in
the program. Firematics, kid's parade, book sale, chicken bb and hamburgers and
hotdogs. This will run from 10:00 A.M. until 2:00 P.M Parks & Recreation, Jack Peck
and Highway Superintendent Lollman will meet to discuss the fishing dock.
b. SOCCOG: Gary Ford remained everyone of the meeting on July 28, 2011 at Gilroy,
Kernan and Gilroy at 7:00 P.M.
RESOLUTION #107
REPORTS
On a motion by Councilman Ford, seconded by Councilwoman McConnell the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the Town Board accept all reports as presented.
TOWN BOARD MEETING
JULY 12, 2011 PAGE 6
RESOLUTION #108
AUDITED BILLS
On a motion by Councilman Ford, seconded by Councilwoman McConnell the following resolution was
ADOPTED Ayes 3 Ford, McConnell, McNamara
Nays 0
RESOLVED that the Town Board authorizes the Supervisor to pay the audited in the following amounts:
GENERAL: $ 7,439.49
HIGHWAY GARAGE $180,328.53
HIGHWAY DEPARTMENT $ 16,890.46
WATER $ 444.80
OLD BUSINESS:
A. Tow path extension: Nothing
B. Bramer project: Nothing
C. DEC violation salt pile: Nothing
D. Sound Local Law: Nothing
E. Dog enumerator: Add going into paper.
F. Grievance: Paper work came through.
G. Recognition event: Date and time has been set. Saturday, September 24 at 12:00 P.M.
(hamburgers, hotdogs, sausage, salads and soda)
NEW BUSINESS
A. Fire contracts: Reviewed.
B. Passive referendum: There is a permissive referendum needed to move money out of
reserve funds.
GARAGE UPDATE:
A. Have new maps for land purchase from Mr. Roberts.
B. Al Young and an engineer will be here Friday July 15, 2011 to look at cement floor at site of
fire.
ROUND TABLE:
Councilman McNamara: Nothing
Councilwoman McConnell: Nothing
Councilman Ford: Nothing
Attorney Getman: Nothing
There will be a Special Town Board meeting at 7 P.M. July 19, 2011.
On a motion by Councilman Ford, seconded by Councilman McNamara the meeting was adjourned at
11:25 P.M. Carried unanimously.
The meeting was reopened at 11:30 P.M. to sign United Health Care Invoice that needed to be paid.
TOWN BOARD MEETING
JULY 12, 2011 PAGE 7
On a motion by Councilman Ford, seconded by Councilman McNamara the meeting was adjourned at
11:32 P.M. Carried unanimously.
Nancy A. Matteson
Town of Marshall Clerk.
