Highlights of the February 13, 2006 Town Board meeting by Brenda Adams

Next Meeting: Special Meeting: Thursday, January 26 at 7 PM Meeting started at 6 PM, moved to Executive Session at 9:30, still in ES when the room had largely cleared at 10 PM. The board plus 29 in attendance, 9 to 10 Dems Organizational meeting with approx 36 resolutions, first hour spent on the organizational issues. Jack Leal swore in Gary, David and Carrie as newly elected members. (Bernie was not in attendance until later.) Among the organizational items of note:

• Appointment of Zoning & Building Officers for 2006; no action taken, 4 applications were received, decision to table for interviews at Special Meeting. Board will hire 2 people.
• Decision to rehire Hiscock & Barclay as law firm. Proposal by Supervisor to hire Connor, Curran & Schram as backup legal firm, Hiscock & Barclay has conflict of interest with EAC, no action taken on this proposal.
• ZBA, Ann Pierce reappointed, no appointment of Chair or Deputy, tabled as no input from the ZBA.
• Planning Board clerk, Tammy Flaherty; ZBA clerk, Julie Alexander; Highway clerk, Daryl Schiffer.
• Assessor Craig Surprise reappointed through October 30, 2007; Supervisor commented that only ORPS can remove an Assessor, Board has no authority.
• Board of Ethics appointments tabled for next meeting pending input from other Board members and filing of the local law. Gary proposed the board be established with equal representation from various parties ie 2 Democrats, 2 Republicans and 1 NOP; he put forward his choices of Al Vink. Suzanne Pemrick, Jack Leal, Joe Davis and Paul Naamon.
• Approved minutes must be filed with the Town Clerk within 2 weeks of approval; amended to include posting on the website per website submission guidelines.
• Assessor's clerk or assistant tabled pending development of a job description. Advertised, only 1 application received- from Tammy Flaherty, Board member raised perception that this particular position should not be so close to the Supervisor.

A Motion was Made, Seconded and Carried (M/S/C) that bills will no longer be read at the meeting. Instead copies will be available at the meeting for the public to see. Motions to approve the bills will certify that the bills have been audited by a majority of Board members and will include total amounts spent in General and Highway accounts. Procedure will become effective next month. From the bills:

• A bill for transcription services for the BAR hearings last May.
• It was learned through a Q&A on a building heating repair that the Town has a fuel oil contract with the county but no service contract on the oil burner or the chimney. A motion was M/S/C stating that any future fuel oil contract would include service on the oil burner and that separate chimney cleaning services would be purchased.
• Additional $21K paid to Hiscock & Barclay.
• The Kleeber Company was awarded the insurance for 2006 (approx $23K), no other companies responded to request for bids; policy includes all services including public officer's liability.
• Some issue of new ultraviolet light process associated with new water fountain that may be causing overuse of heat pump, discussion points not sufficient to define the problem, however something needs to be done. May have impact on septic system usage. Ginny seems to know about this if you are interested.

Highway Supervisor's Report (58 minutes, ½ page written report)

• Roof leaks again, needs to be addressed.
• New problems with truck 4, truck 7 lettered and in service.
• Advised not to advertise for bids for salt shed until financing in place. By whom? Coordination unclear, appeared to be news to the Board.
• Highway Clerk has researched potential funding sources for the salt shed for the Board (assume other than the bond, not clear), info left with Supervisor.
• Long discussion among the Board assisted by the Attorney about proposed BAN (bond issue); procedures, amounts, timing, status of public comment period (potential permissive referendum) which expires on Wednesday the 11th; public comments about cost (NL's salt shed cost $5K, local contractor's $6K), how Ghent building and costs compared to ours.
• HW Supervisor's comments about proposed cost of salt shed; ideal design given site constraints, good for 50 years, building design will contribute to work & site efficiencies, DEC has accepted the design. Some additional comments about donated materials and use of HW Department participation in finishing the post framing construction, unclear if these items a factor in costs being discussed.
• A motion was M/S/C to table the BAN discussion until the next meeting.
• Gave notice of pending construction on Flint's Crossing Road based on input from an April meeting with NY DOT. A motion was M/S/C to purchase the signs requested by NY DOT in their findings letter; Board to send copy of letter to local school boards apprising them of recommendations.
• Annual 284 contract between town and HW Department M/S/C, $162K for 52 miles of local road maintenance, $67K (chips monies) for resurfacing one mile of Frisbee Street.

Notice was given by the Attorney that Local Law #1 for 2005 (Town Ethics Law) had been filed with the State and notice of filing received on January 6, 2006. Motions & Resolutions

• Chatham Rescue Squad 2006 contract M/S/C.
• LVPA 2006 contract tabled, LVPA will be invited to next meeting to discuss outstanding information.
• Discussion of requirement for Town to audit Town collections (court fees, tax collections, applications& other fees, licenses, etc) by January 20 or to pursue an outside audit of all books. Pattison, Koskey & Rath in Hudson interested in the work. Board seemed to favor the outside audit and discussed the scope of the audit (since the Supervisor took office 2 years ago, to include internal controls and town collections). I believe it was decided to proceed with the outside audit and to bring someone from P,K & R in for the meeting to further define the scope of work discussion.
• Contract with Technology For All tabled, changes to agreement are required.
• Motion M/S/C to proceed with codification of local laws although only one local vendor can be identified to do the work.

Questions from the audience:

• B. Meier: Regarding the issue of continuing with the same attorney; is this a good choice? Poor advice, extended process showing little or no progress, cases have not gone to trial yet, Board members unable to talk to their constituents regarding anything to do with assessments upon advice of the attorney, what is town doing about the lawsuits? Gary's answer that the town has a right to defend itself against lawsuits, Attorney's answer that she obviously cannot discuss the advice her firm has given the town. Steve answered that he has not spoken with Becky as she is a litigant, that he has continued to speak with others about assessment issues but not about litigation. Ginny commented that she has been available to her constituents on the same basis. Attorney's reminder to the Board they had brought in ORPS to answer town questions about the process.
• B. Meier: What about the Board' s decision to try to dismiss the two cases? Doesn't this just delay the cases going to trial? No satisfactory answer.
• A. Lundy: Is mediation possible for the assessment lawsuits? Per Supervisor, will be discussed tonight in Executive Session.

Other:

• Phone at Stoddard Park should be taken down since it does not work.
• Board of Assessment Review has an opening.
• Columbia County Office of Aging needs a volunteer for committee to study the impact on services in CC of baby boomers reaching retirement age.
• Drinking fountain funding in place, fountain at garage for winter.
• No town taxes again this year, only highway taxes.
• Ginny asked status of letter from Planning Board to attorney regarding boundary line adjustments, Attorney indicated no record of receipt, will check with office.
• Ginny requested status of Zoning law revisions sent some time ago to attorney. Attorney responded that they are waiting on information from the Town, in particular when the Town would like to hold a public hearing. In the interim the law firm is working to limit the number of unique code provisions which make the law more vulnerable in court.

Board requested a draft to the Board in March with a tentative Public Hearing for April.

• Supervisor announced his appointment of Deputy Supervisor, Richard Klingler of East Chatham. He announced his appointment of board liaisons as follows:

Planning Board:Steve August Zoning Board of Appeals: Ginny Nightingale Recreation: Carrie Bither Zoning & Enforcement Officer(s): David Patzwahl Town Clerk: Gary Flaherty Assessor: no appointment, will consult with Board. Larry Salzman recommended the Board consider requiring a monthly report form each liaison as to the work of the various committees. The date for the Special Meeting was established as Thursday, January 26 at 7 PM. Agenda will include:

• tabled items
• interviews
• BAN resolutions
• job description for Assessor's assistant / clerk.

Additional audience questions / comments:

• D. Pearce: Supervisor's appointment to committee that selects candidates for military academies by Congressman Sweeney.
• AB Dillon: What is status of Assessment Oversight Committee established by the Town Board and reportedly tabled by the attorney? Gary: will be discussed in ES tonight.
• AB Dillon: Could Anne Beth Dillon apply for opening on the Assessment Review Board, she is a litigant in the assessment lawsuits. Will be discussed with Attorney.
• T. Flaherty: Statement about her prior year's contribution to the assessment process; over 300 hours of volunteer time, the only one who answered the ad(s), confirmation from the county and the Association of Towns that multiple families members working for the same government is not nepotism

Board moved to Executive Session at approximately 9:30 PM.