March 9, 2006
The Town Board of the Town of Corinth held a regular meeting on March 09, 2006at 7:00 PM at the Town Hall.
Present: Richard Lucia, Supervisor
Charles Brown, Councilman
John Major, Councilman
Edward Byrnes, Councilman
Mitch Saunders, Councilman
Robert Hafner, Town Attorney
Rose E. Farr, Town Clerk
Cheri Sullivan, Deputy Town Clerk
Fred Mann, Jr., Code Enforcement Officer
Harry Plummer, Superintendent of Highway
Laurie Crossman, Senior Citizens Director
Public Present: Mary Baugh, Dan Mills, S. Adrienne Hull, Robert Eggleston, Sigrid Koch, Arleen Springer, Richard Feulner, Leif Sandwick, Russell Melville, Jim Murray Sr., Alvey Wood, Louise Kirkpatrick, Edwin Eggleston, Jay Emery, Bruce Baker, Eli LaBombard, Rachael Clothier, Barbara Weatherwax, Tim Hanchetti, Eileen Bennett, Linda Kloss, Charles W. Kloss, Jean Shattuck, Alexander Burke, Robin Ranado, Grahame Champagne, Nancy Burnham, Jacqueline Burnham and George Melville.
RESOLUTION #110
APPROVAL OF MINUTES
A motion was made by Councilwoman Major, seconded by Councilman Saunders, and the following resolution was
ADOPTEDAyes5 Lucia, Brown, Major, Byrnes, and Saunders
Nays0
Resolved that the minutes for February 2nd, 9th, 16th, 19th, 23rd and 27th, 2006 be approved.
RESOLUTION #111
APPROVAL OF ABSTRACTS
A motion was made by Councilman Brown, seconded by Councilman Major, and the following resolution was
ADOPTEDAyes 5 Lucia, Brown, Major, Byrnes and Saunders
Nays 0
Resolved that the abstracts of February 2nd and 23rd be approved as follows:
February 2, 2006February 23, 2006
A-$18,989.56A -$102,353.66
B-$4,321.75B -$ 27,702.51
DB- $87,702.27
DB-$ 6,816.56
TA- $ 614.85TA -$22,380.39
SL-$ 603.15
Scenic Train- $9,163.83
IRAQ PRESENTATIONS
Supervisor Lucia told the public that he had couple of special presentations to make tonight. The first being to the family of 1st Lieutenant Michael Ranado and the second being Lance Corporal Alexander Burke. The plaques presented read as follows:
“ The 6,245 residents of the Village and the Town of Corinth would like to take this opportunity to salute him, applaud him and thank him for putting his life on the line, defending your community and your country. Sincerely the Town and Village Boards.”
MUSEUM PRESENTATION
Supervisor Lucia requested that Rachael Clothier come up and give him a hand with the next one and requested that the family of Richard Burnham Sr. join them. The late Richard Burnham, Sr. volunteered numerous hours at the Corinth Museum. The plaque presented to the family that will hang in the Museum contained a picture of Richard Burnham, Sr. and read as follows:
“ In loving memory of Richard Burnham Sr. who unselfishly donated many hours volunteering at the Town of Corinth Museum. His friendly manner and knowledge were a great tribute to Dick and the Town. He is greatly missed not only by his family but by the town and the community.”
SUPERVISOR
Supervisor Lucia stated that the following are on file in his office:
Little League Parade-04/29/2006
General Code Letter Re: PC/Code Book and E-Code – Town Clerk Farr says we have no need for these at the present time
Fireman’s Letter-invitation to Old Times Night 04/08/2006 @ 6pm at the Firehouse
Association of Towns Resolutions
Saratoga Plan
DEC letter to Planning Board was read by Supervisor Lucia:
Madison Letter – Steamship Round for benefit of the Stephen Z. Madison Scholarship Fund for Music & Sports – March 11th at VFW Post #5836, Rockwell Street, Hadley from 3-6:00 PM
Scenic Rail Letter read by Supervisor Lucia:
Mortgage Tax Receipts - $10,513.00
NYSAC Weekly Wire
Saratoga County Environmental Management Council 2005 Annual Report
Saratoga County EMS Council Report
Saratoga County Planning Board on Sewer Districts
Senior Sentinel
Bi-Annual Report of Saratoga County EMS
Dispatch
Saratoga County EM Services Damage Funding
Honor Deceased Veterans Program- Allie Bocchetti, US Army, WWII, from the Town of Stillwater
FERC Report
Roundabout information from DOT
Water Project- Attorney Hafner explained to the two new members of the Town Board where the town was in regards to the Passeralli Water District. Town Attorney Bob Hafner stated that there are three things that need to be done in order to establish a new water district
1)Public Hearing is required
2)The Town Board passes a resolution to establish a Water District
3)Petition has to be filed with the Town Clerk for referendum
After said explanation the following resolutions were passed.
RESOLUTION #112
ORDER FOR PUBLIC HEARING
ON FORMATION OF WATER DISTRICT
WHEREAS, the developer of the Passarelli Subdivision has requested the Corinth Town Board to form a new Water District in accordance with New York Town Law Article 12-A for the purpose of delivering water purchased from the Village of Corinth to the portion of the Town where the Subdivision is located; and
WHEREAS, Garry Robinson, P.E. has prepared a map, plan and report for providing such water service to the portion of the Town where the Subdivision is located; and
WHEREAS, the Map, Plan and Report has been duly filed in the office of the Corinth Town Clerk; and
WHEREAS, the boundaries of the proposed Water District are as described in Exhibit A to this Order; and
WHEREAS, the improvements proposed are as follows:
Installation of an 8” diameter DIP extending from the existing Village of Corinth water line in Main Street to the Passarelli Subdivision, looping through the Subdivision to an existing 8” diameter Village of Corinth water line in Eggleston Street; and installation of 9 fire hydrants at a maximum spacing of 600’; and
WHEREAS, the maximum amount proposed to be expended for such improvements is Three Hundred Forty-nine Thousand Seven Hundred Dollars ($349,700); and
WHEREAS, the developer of the Subdivision will incur all costs for the proposed water system, so no financing by the Town on behalf of the proposed District will be required; and
WHEREAS, the typical property is the typical one or two family home; and
WHEREAS, the estimated cost of District user fees to a typical
property would be $235 per year, and the estimated initial cost of the
hook-up fee and engaging a private contractor to construct a water
service connection from the property line to the structure would range from approximately $800 to $1,100; and
WHEREAS, connection to the District water system would be optional for properties outside the Passarelli Subdivision and those residents or landowners would incur no costs if they chose not to connect to the water system; however, it would be mandatory for all lots within the Passarelli Subdivision to be connected to the District water system with the developer of the Subdivision incurring the cost of initial hook-up; and
WHEREAS, a detailed explanation of how the estimated cost of
water service connection and user fees and the cost of constructing theDistrict water system were computed has been filed with the Corinth Town Clerk for public inspection; and
WHEREAS, the Map, Plan and Report describing such improvement is
on file in the office of the Corinth Town Clerk for public inspection.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE CORINTH TOWN BOARD AS FOLLOWS:
ORDERED, that the Corinth Town Board shall meet at the Corinth Town Hall, 600 Palmer Avenue, Corinth, New York, on March 23, 2006, at 4:05 o'clock P.M. for the purpose of conducting a public hearing on the proposal to form the Passarelli Subdivision Water District with the improvements specified above, at which time and place all persons interested in the subject thereof may be heard concerning the same; and it is further
ORDERED, that the Corinth Town Clerk is hereby authorized and directed to publish a copy of this Order in the Glens Falls Post Star and post a copy of the same on the sign board of the Town of Corinth, in the time and manner required by law, and to file a certified copy of this Order with the State Comptroller on or about the date of publication.
RESOLUTION #113
RESOLUTION APPROVING RELEASE OF
ONE-HALF OF LINE OF CREDIT HELD FOR THE PASSARELLI WATER DISTRICT
Attorney Hafner said that Passarelli’s engineer has asked that Town Board to reduce the amount held by the Letter of Credit. Town Attorney said he believed the water supply was already installed and the road was completed up to the town specifications. Town Highway Superintendent Plummer asked if it was still his approval the Town Board wanted on the road or if the Planning Board Chairperson’s approval was what they wanted. The Town Board said the Town Highway Superintendent’s approval was what was needed. Town Highway Superintendent Plummer said that he had inspected the road and everything was okay with him. After a short discussion a motion was made by Councilman Saunders, seconded by Councilman Byrnes, and the following resolution was
ADOPTEDAyes 5 Lucia, Brown, Major, Byrnes and Saunders
Nays 0
RESOLVED that the Passarelli Irrevocable Letter of Credit dated May 13, 2003 was previously on January 27, 2005 by Resolution #81 reduced to $324,160.00, and be it further
RESOLVED that the Passarelli Letter of Credit dated May 13. 2003 be again reduced by one-half or the sum of $162,080.00 leaving the total balance on the letter of credit of $162,080.00, and be it further
RESOLVED that all other terms and conditions of said Letter of Credit remain unchanged, and be it further
RESOLVED that the Supervisor shall sign any and all documents necessary on behalf of the Town to reduce the Letter of Credit.
SUPERVISOR
Supervisor Lucia stated that the following are on file in his office continued:
Special Olympic February Newsletter
Letter from Joan Welch- Stating that a small community of Seniors from up North are having evening meals and suggested that maybe we try this here. Laurie Crossman, Senior Center Director was present and stated that our seniors lunch numbers are low. She said we would be required to obtain a Health Permit through the Town and the cost is an issue without County backing. She also stated that at the Senior Citizens’ Board meeting they had discussed possibly doing a potluck dinner one night a month.
School Parent Newsletter
4-H Shooting Banquet
Self-Sufficiency Program
Village Board Minutes-February 15th
Community Preservation Corp. Annual Report
Saratoga County IDA January Minutes
Saratoga County Fire Advisory Board Minutes-Ray Bush Corinth Representative
Corinth High School Basketball Team-Supervisor Lucia made mention that these boys took the League Crown this year. He said they were ranked third in the state and that he has received many compliments about the good sportsmanship of both the players and the community supporting them.
RESOLUTION #114
SUPPORT COLLATERAL SOURCE BILL (S.1544/A.4354)
Supervisor Lucia said he received a call from Barry Schwartz regarding the Town passing a resolution to support the collateral source bill. A motion was made by Councilman Major, seconded by Councilman Byrnes, and the following resolution was
ADOPTEDAyes 5 Lucia, Brown, Major, Byrnes and Saunders
Nays 0
WHEREAS a jury award to a winning plaintiff in a negligence action is generally reduced by any payments received by the plaintiff from other sources as insurance; and
WHEREAS CPLR Section 4545 currently does not permit a municipal employer to avail itself of the statutory offset; and
WHEREAS a bill denominated as S.1544/A.4354 pending in the NYS Legislature would repeal this special exception, which enables plaintiffs to obtain excessive awards; now, therefore, be it
RESOLVED that the Town Board of the Town of Corinth hereby finds that enactment of the amendments to CPLR Section 4545 contained in
S.1544/A. 4354 would be in the best interests of the residents of the Town of Corinth; and be it further
RESOLVED that the Town Board of the Town of Corinth hereby urges the
NYS Legislature and the Governor to take the action necessary to enact
S.1544/A. 4353; and be it further
RESOLVED that the Town Clerk is hereby directed to transmit a certified copy of this resolution to Governor George E. Pataki, Hon. Joseph L. Bruno, Hon. Sheldon Silver, and Assemblywoman Teresa Sayward.
Supervisor Lucia read the Letter from Clough Harbour & Associates Regarding the Water test from Petruzzo.
The following reports are on file in the Supervisor’s office:
Highway
Senior Citizens
Justices
Building
Planning
Zoning
Animal Control
Fire Department
Assessors
Supervisor’s Financial Report
RESOLUTION #115
SUPERVISOR’S MONTHLY REPORT
On motion of Councilman Brown, and seconded by Councilman Saunders, the following resolution
ADOPTEDAyes 5Lucia, Brown, Major, Byrnes and Saunders
Nays 0
RESOLVED that the Supervisor’s the monthly report for February, 2006 is approved as submitted.
TOWN BOARD
Councilman Saunders stated that when they were sworn in back in January, one could never believe the amount of information that has to be read just to have an idea of what is to be talked about or voted on. He said the first major vote was on the moratorium and I was not comfortable or prepared for the vote to take place. He said he felt very comfortable with his no vote, although he probably should’ve abstained. He said he did not feel that he had all the information needed and there was information that was very conflicting. He said that he has received approximately 8 letters that requested him to step on board with the other board members. He said that he took the time to look up the phone numbers of these people and to contact them and explain the issues that he had and why he could not vote yes at that time. He said that it was not so much that he was opposed to the Moratorium but that he did not feel that he had enough information to make the right vote.
Councilman Saunders states that he has been presented with an e-mail that he feels is just blatantly untrue. He proceeds to read from the e-mail as follows ”I have been told by a number of citizens that Mitch Saunders has called them” “ at the meeting he was not mad at the Town Board members. He was in disagreement”. Councilman Saunders states that he was certainly in disagreement, but if his nervousness of first time voting on a major issue spilled over then he apologizes. He still felt that he did not have enough information to make the right vote. Councilman Saunders refers to the minutes where he stated that he needed about three more weeks and he would have been prepared for the vote. The reading of the e-mail continues as follows ”He is against the trash industry” Councilman Saunders states that you must understand that your experiences in life dictate the decisions that you make. He said he has had the opportunity while working with his previous employer to move to Huntsville, Alabama. He said there is a burn plant there where they burn their trash. He said he did not know it until his wife brought it to his attention when they went to this place called the Avitorium. A huge lighted building with two Olympic pools, all kinds of soccer fields, football fields, Baseball fields., and that it gets it’s energy from that burn plant. Councilman Saunders said that you could be for trash or against trash. You can say that we don’t want trash because it’s the image, that’s a reasonable argument. H said he is not against trash because he has lived in a community that has done trash. Councilman Saunders continues on with the e-mail ” You say that paper sludge being added to the Moratorium is illegal” He said he feels that it’s just a difference of opinion. Councilman Saunders said that the board has been accused in the past, rightfully or wrongfully so, of rubber stamping and having no comments. He said he has concerns with them adding things to the moratorium, this was just his conscious and his decision. ” He is saying that the moratorium needs to be reintroduced publicly, it does not according to the Town Attorney” Councilman Saunders states that he never said that. In fact when he talked to Roger Sitts, Roger Sitts stated to him that he could take the political pressure off the Town Board and the Village Board and said lets put it to a vote. Councilman Saunders thought that was a great idea and the right thing to do. He said according to the Town Supervisor that can’t be done. Roger came down and was looking for Councilman Saunders the next day and he indicated that he wanted to take back the idea of putting it up for a vote. Councilman Saunders states that it wasn’t his idea but certainly agreed with it.
Councilman Saunders states to Barbara Weatherwax that it‘s right here, you can have a copy. He said Mrs. Weatherwax was putting this in this e-mail. Barbara replied “I am ?” Councilman Saunders asks her if she is the “ The heart of God” Barbara Weatherwax replies “yes” Councilman Saunders replies then this is your e-mail.
Councilman Saunders continues with thee-mail ” he contradicts himself and what he has already said” He asked where he is contradicting. He said he stuck with this vote and explained the reasons why he couldn’t vote for it. He states that being new on the board with all the paperwork and material to read he would like to say yes but that he is not going to do it that way. The e-mail goes on to say “Saunders has continued to make it abundantly clear that he is for Philmet and the trash industry” Councilman Saunders said he wants to know where Mrs. Weatherwax gets that from? He asked is it because he actively goes out there and seeks opportunities to see both sides of the issue? He asked if that meant that he was for something or against something, or is it because he’s trying to get all the information to make a quality decision! He said the e-mail continues “Saunders continues on his campaign to get the moratorium thrown out and is illegal” Councilman Saunders said that it is not illegal. He said that he just had a difference of opinion on the moratorium and the way it was presented. He said the e-mail goes on ” Saunders is not on the same page as the rest of the Town the town moratorium is a law and we are now going forward to put the laws on the books.” Councilman Saunders said that the Board is moving forward they have met with the LA Group and will have an opportunity to meet with DEC. He said the Board is looking for a committee to be established, and is moving forward with this. He goes on with the e-mail again “Saunders needs to get with the program and stop trying to sabotage the town, with all efforts going forward and concentrate on doing the laws and zoning amendments.” “At the village Board meeting Wednesday 02/15/2006 to our dismay Saunders choose to sit with Adrienne Hull and Ray Bush in the back of the room rather than sit with Councilman Charlie Brown. His message is loud and clear.” Councilman Saunders wants to know if he is really being measured on whom he talks to and whom he associates with? Mrs. Weatherwax said then she is being measured too!