488 State Route 295, Chatham, New York 12037

TOWN OF CHATHAM

REGULAR TOWN BOARD MEETING

December 15, 2016, 7:00 PM

PRESENT: Supervisor Maria Lull, Councilwoman Landra Haber, Councilman John Wapner and Councilman Henry Swartz, Town Clerk Beth Anne Rippel

ABSENT: Councilman Bob Balcom
OTHERS PRESENT: Julia Horst, Mike Blasl, Town Attorney Sal Ferlazzo

CALL TO ORDER: Supervisor Lull called the meeting to order at 7PM and Councilwoman Haber led the pledge to the flag.

CORRESPONDENCE

Email from Shannon Day of the Hudson River Valley Greenway on grant program for the project “Comprehensive Plan Implementation.”

Email from Mayor Thomas Curran regarding slight increase ($7.00 to $8.00) in Village taxes under 2017 Town Budget.

Letter of resignation from Marilyn Cohen.Town Clerk Rippel stated that Cohen requested in an email that her letter of resignation be read into the record. Lull asked Rippel why Cohen hadn’t sent her the request; Rippel replied that she didn’t know. Lull continued on without reading Cohen’s resignation letter.

PUBLIC COMMENT

Lull read the guidelines for public comment.

Mike Blasl had several questions on what he had read in the newspaper; There have been a “slew” of resignations from the both the Planning and Zoning Boards and it was not due to the Board’s decision to cut their salary line. Blasl would like copies of the resignation letters.Blasl is not in favor of the Town taxing Village residents for services they don’t receive which is the case in the 2017 budget where the Town passed on a tax increase to Village residents for snowremoval and weeds and brush. The Town doesn’t provide snow removal to Village residents nor does it take care of their brush and weeds.

Councilman Swartz stated that Marilyn Cohen had asked that her letter of resignation be read into the record and since the Supervisor wouldn’t do it, he would. We owe her the courtesy. It reads as follows:
December 13, 2016

“Dear Town Board:

Please allow this letter to serve as my resignation from the Town of Chatham's Planning Board effective the last day of this month. I have been employed by the Town since 2002, and I no longer feel that I can be helpful to the constituency of this town because of the fundamental differences I have with this new administration. I no longer feel proud to be an employee of the Town of Chatham; often I am embarrassed because of the way people are being treated. There is no longer the respect and the desire to assist the people in the Town that there has been in the past.

I never looked at Chatham as a political arena....we all worked together to successfully manage the Town. The Planning Board and Zoning Board had jobs to do, these jobs were done well with no interference from the Town Board. Everyone was treated respectfully, fairly and equally. Just the fact that the Planning Board had requested that Mike Hart be reappointed to our Board, and this wish was totally ignored, was a portent for things to come. We were told that we had to use legal and engineering advice “sparingly,” and now new laws were passed where the applicants have to create escrow accounts for virtually any project. No longer do we have legal counsel who is hired on a retainer, which included his attendance at meetings, nor did we have any input into his replacement....people we are currently working with have simply been foisted upon us. Most recently, a new clerk was appointed, and I never even was afforded the courtesy of being told about this. It is clear to me that this current Town Board wishes to control the actions of the Planning Board, and this is something that I will not take part in. I don't have faith in the leadership, and because of this, I will no longer continue.

I've witnessed how people are being treated.....those who have come to the Town Board meeting to request relief from a situation that had become untenable to them, and who presented their case logically and clearly, were threatened to be escorted out of the meeting by the sheriff. The Town Historian's position was eliminated in favor of someone who would do it gratis, with no communication to the historian, who by the way, has served the Town in several capacities over the years, and who wasn't even given the courtesy of a conversation about this. I have noticed that the Town has advertised for an Historian. What happened to the volunteer? And the Senior Citizens? At least you were shamed into reconsidering that move. I don't even have words to express how embarrassed I was to have been at that budget meeting. Speaking of budget meetings...... I was summoned to attend the meeting when the Planning Board was going to be discussed. When it came to that point in the meeting, and I raised my hand to be heard, I was informed that I had to wait until the public comment portion of the meeting to say anything. Why did I have to come to the meeting? I'm still trying to figure that out, since only two of the department heads heeded this mandate. All I do know is that it showed great disrespect for me and for my position.

I am very fortunate to have worked with such caring and professional individuals on both the Planning and the Zoning Board of Appeals over the past decade plus. It saddens me to see what has happened in our Town in one short year. I can no longer be a part of this.”

Yours truly, Marilyn Cohen

Cc: Town Clerk, Chatham Courier, The Columbia Paper, Register Star

PRESENTATION TO TOWN BOARD

Robyn Reynolds, Clean Energy Communities, Capital Region Outreach Coordinator spoke about the program which helps local governments think about how they’ll implement cleanenergy practices. The Town has already completed several “actions”; Benchmarking, Unified Solar Permits, Energy Code Enforcement Training already completed so we’re a ¼ of the way towards becoming certified as an energy smart community. She touched on charging stations for electric cars and funding,and LED street lighting

SUB-COMMITTEE REPORTS

Report by Councilwoman Haber on Climate Smart Community Committee: Haber reported that Ernesto resigned from the Committee and Carla Cavanaugh and Elizabeth Marks will be added to the list. The Committee will meet again in January, 2017.
Report by Councilwoman Haber and Councilman Wapner regarding the joint committee on Crellin Park.Wapner reported that they have bylaws and a mission statement. Cait Denny sent regarding the Children’s Garden proposed location. The existing well is usable and the soil in that location if fine. Denny would like a legal least agreement. Wapner reported that they attended the School Board meeting to discuss partnering with them on small projects. The Rec Committee will form a joint committee. Haber reported that the students did a survey on what they would like to see at the park and there were 138 responses. Wapner would like the publics review.Wapner stated that the Committee would like to become a “Commission” since the Crellin Park Foundation will continue on their own the commission would promote recreation, they will not become a not-for-profit. Lull asked Ferlazzo to create the resolution for theCommission. Haber will send him the bylaws.
Report by Councilman Balcom on the meetings of the Citizens Finance and Planning Committee. No report
Report by Councilman Balcom on the committee to work with Nan Stolzenburg, Principal Planner. No report

REPORTS

Highway Department – on file
Code Enforcement/Building Inspector
Dog Control – on file. Lull received a call from a resident who reported that she called Powell about a deer in her pool. He responded to the call and removed the deer. She was thankful for his assistance.
Environmental Management Council – no report
Justice Court – on file
Assessor
Office of the Aging Advisory Board - on file
Recreation Director -on file
Supervisor’s Report the County 2017 Budget passed and it was the smallest since 2009.
Town Accounting firm – Monthly Financial Report & Abstract – on file
Town Clerk K.I.S.S. program has ended and this quarter was the most successful yet filling two large bins for shredding. Thank youto Randy Hahn who generously created the beautiful wreath hanging in the lobby. Tax bills will be arriving in a week or two and be in the mail by January 1.

NEW BUSINESS

Bargaining Unit Contract regarding probation on health insurance buy-out.

Highway hired a new person and Tammy Shaw wanted to know how he should be paid for health insurance buyout.Michael Richardson and Councilman Balcom say it should be prorated. There is no probationary period. Lull said we should follow the recommendations of the labor relations people. Swartz wants to hear both sides. The Bargaining committee should go back to the Union and discuss this. Lull set the date of the Organizational Meeting for January 2, 2017 at 6PM.Lull will schedule the PB and ZB interviews for January 5 between 5-6PM.

OLD BUSINESS

Trout Unlimited, Inc. was awarded a $287,280.00 grant from the NYS Regional Economic Development Council through Columbia County Economic Development to remove a culvert under the old railroad bed owned by the Town and restore the natural channel to a stream on the Green Brook in Chatham. This project will stabilize the banks of the Green Brook reducing sediment loading and restore the natural flow of the stream promoting sediment transport.
Discuss with Town Attorney Charter Communications franchise agreement. A 5 year, 5% contract was negotiated which will have to be approved by the PSC. Less density will be allowed, from 35 homes per square mile to 30 homes per sq. mile. They will also provide free service to the municipal buildings, fire departments, and libraries.
Discussion regarding the Chatham Lion’s Club installation of regulation horseshoe pits at Crellin Park to include semi-annual tournaments and a weekly league which would entail the serving of alcohol. Set date for Public Hearing.

RES.187-16 to set the public hearing for the Chatham Lions Club for January 19, 2017 at 6PM.

Offered by Councilwoman Haber and movedto set the public hearing for the Chatham Lions Club for January 19, 2017 at 6PM. for public input concerning the request dated October 24, 2016 by the Chatham Lions Club to create horse shoe tournament grade pits at Crellin Park for use at tournaments and to provide for the service of alcoholic beverages at said tournaments. A copy of said proposal shall be available for inspection at Town Hall during regular business hours. Councilman Wapner seconded the motion.
VOTEAye; Lull Haber, Wapner, Swartz Nay: None Resolution adopted.

Town Attorney’s recommendation regarding the Town of Chatham underwriting bus field trips for Ghent/Chatham Seniors Club.

EXECUTIVE SESSION: On a motion by Supervisor Lull and seconded by Councilwoman Haber the Board entered Executive Session at 8:05PM pursuant to Public Officers Law. Motion carried.On a motion by Councilwoman Haber and second by Councilman Wapner the Board left Executive Session at 8:16 PM.

The Town Board requested Attorney Ferlazzo explore the legalities and liability issues surrounding the Ghent-Chatham Senior group funding. Ferlazzo will report back after the New Year.

RES.188-16To approve the minutes of the November 28 and December 1, 2016 Town Board Meetings. Offered by Councilwoman Haber and moved to accept the minutes of the November 28 and December 1, 2016 Town Board meetings. Councilman Wapner seconded.

VOTEAye; Lull Haber, Wapner, Swartz Nay: None Resolution adopted.

RES.189-16To accept the Abstract as presented and to pay the bills. Offered by Councilwoman Haber and moved to accept the December 16, 2016 Abstract and pay the bills. Councilman Wapner seconded.

VOTEAye; Lull Haber, Wapner, Swartz Nay: None Resolution adopted.

RES.190-16To accept the town accountant’s financial report. Offered by Councilwoman Haber and moved to accept the town accountants financial report. Councilman Wapner seconded.

VOTEAye; Lull Haber, Wapner, Swartz Nay: None Resolution adopted.

RES.191-16To audit the Justice Court for 2016. Offered by Councilwoman Haber and moved to audit the Justice Court for 2016. Councilman Wapner seconded.

WHEREAS, the Town of Chatham Town Justice Court is required to be audited annually,

WHEREAS, the Town Accounting Firm of Pattison, Koskey, Howe & Bucci recommend Audits be conducted for the Town Justice Courts for the periods of January 1, 2016 through December 31, 2016 2016 in accordance with the Handbook for Town and Village Justices and Court Clerks, promulgated by the New York State Office of the Comptroller,

THEREFORE, BE IT RESOLVED, that the Chatham Town Board accepts the price quote in Pattison, Koskey, Howe & Bucci’s letter of Engagement dated December 5, 2016 estimated to be approximately $2,000 based upon the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, the town accounting firm will discuss with the Town Board and arrive at a new free estimate before any additional costs are incurred.

Lull assured Swartz that the money is in the budget for the audit.

VOTEAye; Lull Haber, Wapner, Swartz Nay: None Resolution adopted.

RES.192-16, To adopt the Energy Benchmarking Policy Requirements for Certain Municipal Buildings in the Town of Chatham

Offered by Councilwoman Haber and seconded by Councilman Swartz:

WHEREAS, buildings are the single largest user of energy in the State of New York, and the poorest performing buildings typically use several times the energy of the highest performing buildings, for the exact same building use; and WHEREAS, this Local Policy will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Chatham; and WHEREAS, collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide; and

WHEREAS, equipped with this information, the [Name of Municipality] will be able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement.

WHEREAS, the following definitions will apply:

(A) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.

(B) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings.

(4) “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the [Name of Municipality] that is 1,000 square feet or larger in size.

(5) “Department” shall mean the [name of the Department or authorized Body assigned the responsibility of administering the Energy benchmarking program].

(6) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.

(7) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

(8) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.

(9) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.

(11) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.

(12) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.

(13) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations; and

WHEREAS, this Local Policy is applicable to all Covered Municipal Buildings as defined in item 5 above of this Local Policy; and