Town of Palatine

Regular Meeting

March 23, 2016

The regular meeting of the Palatine Town Board was held on March 23, 2016 at 141 West Grand Street, Palatine Bridge, NY 13428.

Present-Supervisor Sara Niccoli, Council: Betty Sanders, Niel Yerdon, Chris Novak and Henry Vanderburgh, Town Clerk Linda Logan, Highway Supt. Art Logan, DCO Cheryl Sebastian, CEO Cliff Dorrough and Assessor Leigh Anne Loucks.

The meeting was called to order at 6:30PM with Councilman Yerdon leading the pledge to the flag. In roll call, all were present.

Public Comment-

  1. Michele Whiteman said it is the third time she has asked the Board about the rescinding of Local Laws 4 and 5 that place the Town Barn back into the Agriculture district. She has not been given any answer to her question. Supervisor Niccoli said the Town Barn is grandfathered in so we have no problem there, if you have any questions, go talk to the County planning board about that issue, have them send the Town Board a letter and they will address it.
  2. Skip Barshied said he feels a moratorium on solar farms is a good thing.
  3. Paul Spencer said no one should know how much money is in the Clerk’s office at any given time and why it was advertised. Paul said better scheduling of the court could alleviate the amount of people in the court room at one time. Paul said we now have a Town Board that is made up of intelligent people and Paul said he felt that Nancy and Pam were more than qualified to sit on the Planning Board and feels there is no conflict of interest. The Town Board and the Planning Board are two different boards. Paul said we have a member of our Town council that is also a member of the County Planning Board, Paul said she does not have the qualifications to be on that planning board, Paul said she also has an agenda to be on the planning board. He said the woman had an agenda in November when fraudulent papers were submitted to the County Planning Board with her name on them. Paul said it is hard to sit and listen to someone when they are committing a fraud.

On a motion by Councilman Yerdon second by Councilman Vanderburgh, public comment was closed.

Highway Supt. Logan-

  1. They have been plowing and sanding when needed
  2. They have been cutting brush and trees
  3. They have been ditching and replacing culvert where needed
  4. Working on the broom for loader
  5. Working with the Village of palatine Bridge to chip brush and clean up a tree that went down during a wind storm
  6. Art said the procurement policy looks good to him

Councilman Yerdon asked Art about the salt usage this year and why we were still purchasing salt with the mild winter. Art explained that they have to put an order in April for the year and we must purchase at least 70% of that amount within the year. Art said we can store about 80 ton at the Barn and it is full now. Art said we need to purchase probably two more truck loads and has until September to buy it.

DCO Sebastian submitted her report for viewing.

Councilman Yerdon asked if it is standard procedure to ask for a Sheriff Officer to go with her to a resident’s home. Cheryl said she has only asked them to go when she visits that resident’s home, she has had problems in the past with the owners.

Assessor Loucks said there were a couple of residents that lost out on their exemptions this year. Leigh Anne said she will try to get in contact with the representatives that contact residents that are eligible for enhanced STAR to contact them earlier in the year. Leigh Anne said she is going to set up 3 or 4 local Attorneys with STAR applications, for when they close on transfers. The Dutchtown Plaza appraisal will need approval by the Board for the appraisal if needed. Leigh Anne has heard nothing on the Canajoharie Water Works, which goes to trial on April 18, 2016. Leigh Anne said she is still unclear on the opting out of the Solar Farms. Leigh Anne said when you take your land out of Agriculture for something else, there is a penalty. Leigh Anne said it is not quite clear about how the penalty is calculated, but it appears you have to wait five years after you stop getting the exemption.

CEO Dorrough submitted his report for viewing. Cliff said he will be attending classes on the 2016 code updates.

Town Clerk Logan –

  1. Linda said in taxes she has collected $1,947,462.86 so far. Linda said she will be here on Thursday as it is the last day of the month to come in and pay the taxes, all other taxes sent in must be postmarked by March 31, 2016.
  2. There will be a primary election here on April 19, 2016 and the Town Hall is filthy, is there someone who can clean it up before the primary.
  3. Linda said since January, she has been getting the mail daily with her personal vehicle and would like mileage fro getting the mail and also for going to the Bank to deposit money. To the bank and back is 2.1 miles and 1.4 miles to the post office and back, Linda would also like to get reimbursed for her cell phone as it is the number Funeral Homes call to file a death certificate within a fine time line. Linda said according to the Town Clerk’s Association, she is entitled to be reimbursed.
  4. Last pay period, Linda said her Deputy came to her and said her check was the wrong amount. Kelly informed Linda that Dorothy’s new pay was $12.00 per hour and not $8.75 as before. Linda asked why she had gotten a 37% pay increase when all other employees got a .74% raise across the board. Linda asked how they could justify it.
  5. Linda said she still does not have a letter of resignation from Aaron Rorick that she has asked for since January. Linda said the Board is supposed to vote to accept the letters of resignation from the Planning Board members prior to appointing new board members.
  6. Linda said Steve Kennerknecht came in looking for his check to which Sara replied it is all worked out. Linda said she call the Town Attorney and was told Steve no longer works for the Town, to which Sara replied “Linda, this has nothing to do with you, or your Clerk’s report”. Linda said she thinks it does because, if a vote was taken in executive session to fire Steve, there is supposed to be summary minutes of that decision and vote available to the public within one week of the executive session. Chris Novak interrupted Linda and said they are not to give out information of what was said in executive session. Chris asked Linda for a written report because what verbally is said at a meeting and what are in the minutes are two different things. Linda said the executive session minutes are to be included into the regular monthly meeting minutes and therefore, it does concern her as records management officer.

Historian -Watt was not present for a report.

Supervisor Comment- Supervisor Niccoli had no comment.

On a motion by Councilwoman Sanders second by Councilman Vanderburgh, the Board all voted aye to accept all the resignations of the Planning Board members.

Council Comment-

  1. Chris Novak said he has sent everyone on the Board information, but Betty said she is not getting her e-mails thru the Town’s web site. Chris said they will get her the appropriate training, Sara said she has sent Betty information on how to get on the web site three times. Chris said this is part of the communication policy for the Town that everyone has access to the e-mails.
  2. Chris Novak said he had a phone conference with Scott Barton and Clemons McGiver and got a mileage clarification, but they are $3,000.00 over the resolution budget. Chris said he can find no records of this, so it can’t be resolved yet.
  3. Chris Novak said he had gotten an additional bid to move the ramp, safety glass for the clerk’s window and adding a door. Chris also said they are looking into a video and wireless security system for the court.
  4. Niel Yerdon said he has looked into a postage meter. He said they would need to rent the machine, there would be a reset fee, sale cost fee and return charge fee. Niel said it is not feasible to get it.

Supervisor Niccoli said she came in tonight to find two resumes for the positions on the Planning Board. Sara said she is open to consider Art Sky, but has concerns about Janey Dygert for several reasons. Sara said she has three very competent applicants in front of her, Pam MacKenzie, Nancy Claiborne and Art Sky.

Councilman Novak said with Linda Spencer being laid up at this point and Marc Kratzschmar being out of town several times a year, they should have an alternate member for the Planning Board.

On a motion by Supervisor Niccoli second by Councilman Vanderburgh, the Board voted to appoint Nancy Claiborne and Art Sky to the Planning Board and Pamela MacKenzie as an alternate for five years. Those voting aye were Niccoli, Vanderburgh, Yerdon and Novak. Councilwoman Sanders abstained.

Councilman Vanderburgh said he felt the current local law on the ethics board is overdone. Hank said he would like to appoint two people to sit on the Ethics Board along with himself. The two residents he would like to appoint are William Winsmanand Michael Boslet. Hank said he feels we need to make some amendments to the ethics board local law.

On a motion by Councilman Vanderburgh second by Councilman Yerdon, the Board all voted aye to appoint William Winsman and Michael Boslet to the Board of Ethics.

On a motion by Councilman Yerdon second by Councilwoman Sanders, the Board all voted aye to refer the Town of Florida’s Solar Farm policy for our Planning Board to review.

On a motion by Supervisor Niccoli second by Councilman Vanderburgh the Board all voted aye to adopt resolution #51 of 2016, the procurement policy.

On a motion by Councilwoman Sanders second by Councilman Yerdon, the Board all voted aye to approve the Justice report as presented.

On a motion by Councilman Yerdon second by Councilman Vanderburgh, the abstracts were ordered paid as follows: General Fund A $ 11,766.43, General Fund B 4 450.08, Highway Fund DA $ 11,802.27 and Fire SF $ 23,000.00.

On a motion by Councilman Yerdon second by Councilman Vanderburgh, the Board all voted aye to video record all Town Board meetings. Niel said the initial cost of the camera with accessories would be $419.00.

Councilman Vanderburgh asked how they are notifying the people they are appointing to the Boards. Sara said she has called the people by phone to let them know they were appointed. Sara said they should have a formal letter sent to them.

Councilman Yerdon said he would like for Town Clerk Logan to call for a police escort if carrying large amounts of tax monies to the bank.

On a motion by Councilman Vanderburgh second by Councilwoman Sanders, the Board all voted aye to appoint Vernon Wagner to the BAR.

On a motion by Councilman Vanderburgh second by Councilman Yerdon, the Board all voted aye to pre approve for an appraiser for up to $3,000.00 to appraise the Kamin property if needed.

Councilman Novak said we need to update the building permit applications as they all have the prior Board members names on it.

Public Comment-

  1. Michele Whiteman read an article in the Gazette that Paul Tonko said Sara is all about values and for the working families. How can you work with dignity when you are working with a parolee and could have caused him legal problems and refused to pay him for services rendered. A very intelligent and well respected person in the community, Janey Dygert, you just threw her out of serving on the Planning Board, she has served on the Town Board for a number of years. It is public knowledge and on line what the tax collector has to collect, so anyone can find out what they collect. As a former, apparent ignorant Board member, I feel this Board is trying to undermine what former Boards have accomplished; it is a sad waste of tax payer’s money. Continuing to belittle Betty Sanders and Linda Logan is very inappropriate.
  2. Sandy McCullough addressed Niel Yerdon to contact the Association of Towns to see what the liability is if the Town owns the video equipment and find out if a notice should be on the door stating they are being filmed. Sandy said it is different if a resident videos a meeting. Sandy said it is upsetting that people are still commenting on Betty, she is doing good in this community.
  3. Gail Loring said she is confused, after reading so much in the paper, she has never in her life seen so much controversy and rumors that are going around. She said she heard that after the elections, a Board member said they got rid of the old Board, now they needed to get rid of the Logan’s. As long as Linda and Art have been in office, she has never heard any complaints about either one before. Gail asked as residents what they have to do to get everybody to work together. Gail said every time Linda says something Sara doesn’t like, Sara tries to quiet her down. The remark that we have intelligence on our Board now is putting down the prior Board.
  4. Skip Barshied said that the people appointed to the Boards should get an official letter of appointment signed by the Supervisor and Town Clerk.
  5. Paul Spencer said Paul Daw should not have told at a meeting that Linda had over $650,000.00 in her office after hours.
  6. Margaret Schlotzhauer said she felt the Board should have sent letters to the residents that were interested in serving on the Boards that did not get appointed.
  7. Janice Kollander said she agreed with what Skip, Margaret and Paul said. Janice said she is glad they are going to video the meeting.
  8. Skip Barshied said he doesn’t think anyone has a right to record a phone call without permission.

On a motion by Councilwoman Sanders second by Councilman Yerdon, public comment was closed.

On a motion by Councilwoman Sanders second by Councilman Yerdon, the meeting was adjourned at 7:56PM.

Respectfully Submitted,

Linda E. Logan, Town Clerk