Regular meeting of the Hadley Town Board, Thursday September 13th 2007, held at the Hadley Town Hall, 4, Stony Creek Road, Hadley, N.Y. 12835
Members present: Deputy Supervisor: Colleen DeMarsh
Councilman: Arthur Wright James Brewster
Councilwoman: Susan Wilder
Also present: Attorney Raeann Johnson, Highway Superintendent, Joseph Monica and Town Clerk, Pauline G. Smead
PROCLAMATION
WHEREAS, the freedom, security and prosperity that the American people have enjoyed throughout the history of our nation have been preserved due to the heroism and sacrifice of the men and woman in our armed forces, and
WHEREAS, the Town of Hadley Town Board wishes to honor and memorialize the lives and courageous deeds of members of the armed forces who have served with distinction in the defense of our nation, and
WHEREAS, John L. Sutliff of the Town of Hadley, served in the United States Army in World War 11, as a Staff Sergeant; and
WHEREAS, John L. Sutliff served in the European Theater, and fought in the Battler of the Bulge; and
WHEREAS, John L. Sutliff was awarded the Purple Heart and the European Theater Medal; and
WHEREAS, John L. Sutliff was employed for 40 years at International Paper Company in Corinth as an electrical truck driver; and
WHEREAS, John L. Sutliff was a member of the Veterans of Foreign Wars; and
WHEREAS, John L. Sutliff risked his life in the defense of the principals of freedom and democracy for which our nation stands, and
WHEREAS, it is fitting that the heroic service and sacrifice of John L. Sutliff for his nation and community be recognized and remembered and his memory be honored; now, therefore, be it
PROCLAIMED, that the 13THday of September, 2007 is hereby dedicated to the memory of John L. Sutliff in grateful recognition by the Hadley Town Board on behalf of all the residents of the Town of Hadley for the service and sacrifices made by him in the defense of his country.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Hadley this 13th day of September, 2007
Colleen DeMarsh, Deputy Supervisor
Mrs. Betty Sutliff accepted the Proclamation in memory of her father John L. Sutliff and the family.
Motion was made by Colleen DeMarsh seconded by Arthur Wright to approve the General transfers:
- Transfer $1,790.15 from Contingency Code (1990.4) to Code Buildings Code (1620.4)
RE: Additional Expense to Code
- Transfer $73.77 from Code 8010.2 (Zoning) to Code 8010.4 (Zoning)
RE: Moving monies from A.2 to A.4
- Transfer $4.00 from Code 7110.4 (Parks) to Code 7270.4 (Bands)
RE: Additional expense to Code
Motion was made by Susan Wilder seconded by Arthur Wright for transfers to the General Budget. Arthur Wright: yes, Susan Wilder: yes, James Brewster: yes. Colleen DeMarsh abstained.
- 1. Debit Code 510 (Estimated Revenues) by $800.00, Credit Code 960 (Appropriations) Sub-Code 7550.4 by $800.00
RE: Monies received by Hadley Park Committee to help pay for fireworks
- 2. Town Board authorizes the transfer of $1,500.00 per month from Contingency to Supervisor Personal Service. RE: Deputy Supervisor's monthly salary.
Motion was made by Colleen DeMarsh seconded by Susan Wilder to authorize transfers for SW2. All Ayes.
- 1. Transfer $3,266.45 from Code 8330.4 (Purification) to Code 8320.4 (Source)
RE: Additional expense to Code
Notes: Budget adjustments will need to be completed in SW2 next month once all 2007 expenses are added up for the New Production Well.
RESOLUTION # 103 was made by a motion from James Brewster seconded by Colleen DeMarsh.
BE IT RESOLVED that the Hadley Town Board have audited all pre-paid vouchers and all have been approved. All Ayes.
General: Abs. # 29-34=$10,951.96 Sewer: Abs. # 17=$150.00
Highway: Abs. #24&25=$3,514.38 SW1: Abs. #14=$21,464.84
RESOLUTION # 104 was made by a motion from Susan Wilder seconded by Arthur Wright.
BE IT RESOLVEED that the Hadley Town Board has audited all vouchers and all were approved for payment. All Ayes
General: $19,953.07 Highway: $42,919.53 Sewer: $684.48
SW1: $335.19 SW2: $5,936.46 Cemetery: $112.00 HO128160.4.63=$38,794.72 SL: $2,182.34
PUBLIC COMMENTS:
Mr. Wilfred Cartier stated that if anyone was taping the meetings that all should be informed
Mr. William Cartier read Article 10 of the Municipal Law as such:
Conflict of interest of Municipal Officers and Employees.
§ 800-Par3
"Interest" means a direct and indirect pecuniary or material benefit
B- Section: A firm partnership or association of which such officer or employee is a member or employee.
§ 800-Par4
"Municipality" means a County, City, Town or Village, etc.
§ 800-Par5
"Municipal Officer or Employee" means an Officer or Employee of a municipality, whether paid or unpaid including members of any Administration Board.
§ 801
Conflict of interest prohibited
Section (1) No Municipal Officer or Employee as a member of a board has the power or duty to (A) negotiate, prepare, authorize or approve contracts or authorize or approve payments, audit bills or claims.
§ 803
Disclose of interest. 1. Any Municipal Officer or Employee who has, will have or later acquire an interest in or whose spouse has, will have or later acquire an interest in any actual or proposed contract, purchase agreement, lease agreement or other agreements including oral agreements with the Municipality of which he or she is an Officer or Employee, shall publicly disclose the nature and extent of such interest in writing to his or hers immediate Supervisor and to the governing body thereof as soon as he or she has knowledge of such actual or prospective interest. Such written disclosure shall be made part of and set forth in the official record of the proceedings of such body.
§ 805 Violations
Any Municipal Officer or Employee who willfully and knowingly violates the foregoing provisions of this article is guilty of a misdemeanor.
§ 806 Code of Ethics (1) (A)
The governing body of each County, City, Town and Village shall adopt a code of ethics setting forth for the guidance of its Officers and Employees the standards of conduct personally expected of them. Such code shall provide standards for Officers and Employees with respect to disclosure of interest in Legislation before the Local Governing Body.
Mr. Cartier stated: Mrs. Wilder as a small business owner, a member of the Hadley Business Association, partner with her husband and as a paid Town Board Member, has on many occasions, tried to make laws, regulations that would benefit her small business in a direct pecuniary and material benefit and she has done so willfully and knowingly.
Therefore I feel she is guilty of a misdemeanor under these articles as set forth in this General Municipal Law- Article18 §800, §801, §803, §805, §806.
Councilwoman Wilder stated that conflict of interest is when someone who has the authority or the power to take funds from someone to better their business. Everybody in this room could have a conflict of interest. It could start from building homes for somebody, renting to an employee when you regulate their pay, selling top soil to the town or hemming a pair of pants for someone. But she stated that everyone on the Town Board is smart enough to realize what a conflict of interest means and to abstain from voting which they would be doing on it. She stated that everyone should remember that she abstained from voting on the Fireworks for the Park
Mr. Cartier stated that Councilwoman Wilder was in conflict of interest direct or indirect as a member of the board, disclosure of interest actual or proposed
Mr. Cartier stated that she did have an interest in the Hadley Business Associations. He stated that she did not abstain from making rules and regulations for the Park
Councilwoman Wilder stated that she does have interest in the welfare of the Town and thanked Mr. Cartier for bringing this to the Board's attention.
Deputy Supervisor stated that she would have the Town's Attorney research this matter.
Attorney Johnson stated that this would have to be taken in front of the Saratoga County District Attorney's Office, to see if Attorney James Murphy would prosecute it. She stated that this is fine however it is up to the Board, the prosecuting party and it is up to them if they want to press charges.
Ron Waite, Justice for the Town of Hadley asked about the virus protection on their computers and he stated he had spoken to Supervisor Trottier about this issue and this needs to be attended to.
Mr. Thomas stated that the manager who takes care of our computer needs to find the original license and he will call her again tomorrow.
Mr. Waite also stated that the outside of the Town Hall is filthy and needs to be cleaned. This will be checked into.
Jeanne Morris a resident of the Town of Hadley stated that a lot of people hold parties at the Canoe Take-Out of Woodard Avenue. She is being awakened during the night at all hours and she feels that this should be taken care of as this has turned out to be the drinking spot in town. She stated that they have called the police and maybe 4 hours later they will show up.
Brenda Burdick stated that they are out all night on Rockwell Street every night.
Thomas Hughes asked if the Town had acquired the deed to the Park from Niagara Mohawk (National Grid) yet. He stated that the Town is spending monies on something that they do not own.
Attorney Johnson stated that she is working on it.
Mr. John Hughes asked if anyone knew who signed the checks for National Grid. He stated that Osama Bin Laden did.
Mr. Cartier wanted to know where we stood with Warren County and the Train Station. He stated that the Town Board needs to stay on top of things and put pressure on them.
Councilman Wright informed him that Councilwoman DeMarsh and Grant Writer Maureen Lanfear will be attending a meeting with SEDC and Warren County to acquiring information pertaining to an "Authority" but no resolution will be made tonight concerning this matter.
Mr. John Hughes asked how much the Train Station will cost the Town of Hadley. He stated that we had an agreement with Warren County that they would build a Train Station for our town. He suggested that the Town of Hadley raise Warren County's taxes until they make up their minds as there are no guaranties they will build a Train Station in Hadley. Mr. Hughes stated that we are saving Warren County money and we are losing.
Deputy Supervisor DeMarsh stated that now that they have people working with them, she doesn't feel that the Town should raise their taxes and have the door shut in their faces. She stated that when they go to the meeting they will instill "what can you do for us".
Councilwoman Wilder stated that she was naïve about what is actually "Authority" and how it would benefit the Town and the Attorney explained at the meeting that an "Authority" is a Legislative tool that we can draft to fit our needs. He stated that it would be easier if we had an "Authority" to transfer access from the town to an "Authority" where a "Corporation" would be difficult to do that. And "Authority" would provide us a shelter in case of liability and it would be tax exempt and because of that it would be a vehicle to seek grants. So the "Authority" is like it has its own identity and it helps to protect us from liability and we can write it any way that we want it. If the Town chooses not to have an "Authority" then we have no say in what takes place.
Deputy DeMarsh stated that it has its pros and cons.
Mr. John Hughes stated that we still would not own the property.
Mr. Cartier asked where the Board stood with the Senior Community Center.
Deputy Supervisor DeMarsh stated that hopefully the rest of the Board will agree with her and approve to have it put on the Ballot in November for the voters to decide for a Senior Community Center not to exceed $250,000. She stated that it has been long enough, and before people mistrust each other to let the people vote on it.
She stated that Carolyn Weiss had informed her that she had spoken to a contractor and it could he could build it for $130,000. It does have to go to referendum.
Mrs. Carolyn Weiss read a letter:
Project on Senior/ Community Center
The seniors of Hadley have come together tonight to present a plan for our Senior/Community Building
The dimensions for the building are 24' by 48'. The kitchen 18' by 21', two bathrooms and cellar totaling: $130,000.
We need $1,200 for getting plans drawn up. Building would be placed on property that Hadley owns down by the Park.
We understood from the other meetings that the men on the town would help and donate time if needed. Probably leveling ground for cellar to be built. Also, we think Andy Gilbert said he would donate time.
The Town Board said they would maintain the building and expenses for heat, lights etc. Some expenses could be covered by renting out the building for receptions, parties, etc.
If this is accepted, we could have our building by winter.
Would this project be able to be put on the ballot in November so it will not be prolonged any longer?
We would like to have a motion on this so we can start our project.
We were unable to contact everyone, but the seniors listed go along with this:
Midge Reib Leland Aldrich Gretchen Aldrich
Marion Haak Roland Frey Hollis Wood
Eula Sutliff Doris Hughes George Sutliff
Janet Sutliff Maureen Mullany Bill Mullany
Carolyn Weiss Harold Evarts Audrey Evarts
Mildred Hughes Chris Mahr Teddy Peschke
Beatrice Mosher Howard Mosher Catherine Blakely
Jean Dansforth
Attorney Johnson wanted to remind the seniors that we are bound by the Procurement Policy and competitive bidding and it will be awarded to the lowest bidder. There is a prevailing wage requirement. This Board is in no position to award this project to any one contractor unless that is the lowest bid.
Mr. Cartier asked if it was a Senior /Community Center, who will be sharing the building with them? He was informed the Girls scouts, Boys scouts and who ever is in need of a space. Baby showers, wedding showers.
Councilman Wright stated that it will come down to the vote in November and it has to be introduced as a Senior/ Community Center. He stated that he feels the Board is willing to move the $100,000 and this will make the amount available at $220,000 and he feels that we could come up with the extra $30,000. He stated that the wording needs to be attractive enough so the residents of Hadley will vote on it and it will pass.
Mr. Cartier stated that he wants to make sure that the public is informed to how much the building will cost and also how much it will cost the taxpayers to keep the building going with fuel, lights, cleaning, insurance and so on.
Attorney Johnson stated that the taxpayers have to take into consideration that the upkeep of the building will come out of the taxpayers.
Councilman Wright stated that the building can be rented for different events which will pay for some of the expenses.
Councilwoman Wilder stated that she was thinking about the Seniors and how we could help them acquire this building. She stated that they could build a building, buy a building, or we can share a building. We have talked about numerous ways of doing it but possibly they could buy a building which is existing which would be within our budget. She has researched into possibilities with the Real Estate Agents some of the places in Hadley that could be converted over to a Senior Center. She stated that the Seniors could be responsible in holding fund raisers to purchase the curtains, the plantings etc. Or if the Town would purchase already made and suitable for the membership size for 30 plus people, how do we go to the voters and say we want to spend $250,000 on a building for 30 plus people when we could purchase a house for a little bit less. If we shared a building, the Biondi Building, owned by Warren County, and has it converted into several individual shops and has vendors. There is no reason we could not put the seniors in there, remove the metal outside, have the Train Station in there and have a few little shops also. They could sell train tickets, books, candy have a Barber Shop and that would help lift the burden of the taxpayers and there would be ample parking and share the expenses with Warren County. She stated that if we committed to a Train Authority we would own the building therefore the $119,000 earmarked for the Senior/ Community Center could be used to renovate that section of the building and we could stay within our proposed budget. She stated that she would like to see a committee of 4, 2 Town Board members and 2 Seniors to research the many possibilities of which direction to go.
Mrs. Brenda Burdick stated that there is no way that you could have food in the Biondi Building as the place is saturated with oil. It would cost a fortune to renovate.
Mrs. Mosher stated that if it is going to cost $100,000 to repair the garage, how much is the Biondi garage?
Mr. Charles Reib stated that it would be cost twice as much and the Town will not own the property. It is not a good idea.
Mrs. Chris Mahr stated to put it on the ballot and allow the Town residents to vote on it.
Mrs. Mahr also explained about volunteers in Florida and how they are set up with as a neighborhood watch.
Ms. Jennifer Pike stated that we, the Town, should establish a neighborhood watch, two people could work together, they need to be trained, use two way radios and report to the police.
Deputy Supervisor stated that they will check on it.
Mr. Thomas Hughes stated that if anyone in the Town of Hadley wanted to spend their money in Lake Luzerne, they should move there.
Mrs. Midge Reib stated that she would like to see the Board make a motion to put the Senior Community Center on the November Ballot.
RESOLUTION # 105 was made by a motion from Colleen DeMarsh seconded by Arthur Wright.
BE IT RESOLVED that the Hadley Town Board hereby approves the Senior/Community Center to be put on the November Ballot with a cap of $250,000. All Ayes.
Mr. Charles Ovitt stated that no matter what, one way or the other the Town already has $100,000 to spend comfortably and putting it on the November Ballot is the only answer to this problem.
Mrs. Brenda Burdick is concerned about where the Senior Building is built, that there will be vandalism.
Carolyn Weiss stated that a constable is needed in this town.
Councilman Wright stated that a Constable is respected and this has been discussed before.
After a long discussion the Sheriff Department should be contacted. Mr. Ovitt stated that a constable would be a liability to the Town and another expense.
Mr. Ronald Waite stated that if the State Police were not doing their jobs that we could get them out and get the Sheriffs in.
Mr. Ovitt stated that the Board could do an Ordinance but you have to have someone to enforce it.
Mr. Reib stated that at a seminar he had attended years ago that by the Town not having Ordinances they lose a lot of money. If they have Ordinances in place possibly if the fee is $100.00 fine when they get caught jumping off the bridge the Town could get $50.00 of that money.
The Board did do an Ordinance for opened containers and not one person has been arrested for it. We need someone to enforce these Ordinances.
Mr. Cartier stated that Saratoga County Sheriffs are paid by our tax dollars so we should get them on board.
Jennifer stated that everyone needs to get together and do the job themselves. It can be done instead of hiring a Constable.
Included in the Board's folders are the Planning Board meeting minutes, Building Inspector's monthly report and the Supervisor's monthly report.
Mr. Monica informed the Board that the scales are in working condition and the first weekend was not bad. He stated that the ones complaining are the ones who have to pay for the $3.00 fee not the large amounts.
He has been asked to weigh vehicles. He also stated that they have to purchase a safe for weekends as they cannot bring the monies at the Town Hall. The cost is approximately $300.00.
Councilman Wright stated that weighing vehicles and trailers this would be a good service to provide to weigh vehicles.
Lake Luzerne does it for free.
RESOLUTION # 106 was made by a motion from Colleen DeMarsh seconded by James Brewster.
BE IT RESOLVED that the Hadley Town Board hereby sets a fee of $5.00 to weigh in a trailer or vehicle at the Recycling Center. All Ayes.
Mr. Monica suggested that a ticket be sent to everyone who pays taxes in Hadley so they can have the use of the recycling center.
Mr. Ovitt stated that no matter where they are from the tickets do not matter as they all have to pay to bring their garbage
Mr. Monica explained to the Board that the Town is in need of a recycling trailer.
New container roll off- 30 yards: $3,600.00
40 yards: $3,959.00
Truck used- 2002 Peterbilt $39,000
Peterbilt $42,500
$50,000 for 3 trailers and truck
Trailer, locally vintage we have $6,000
2006 Trailer $35,000
1990 Trailer $12,900
1999 Trailer $29,000
Mrs. Eileen Bennett asked if that was through State Contract. She was informed that this would be for new equipment.
Jennifer Pike stated that the garbage men do a wonderful job for the Town. She really appreciates them.
Mr. Monica informed the Board that the new pump has been installed in the new well. It has been tested and cleared. The fence needs to be installed around it.
RESOLUTION #107 was made by a motion from Arthur Wright seconded by Colleen DeMarsh.
BE IT RESOLVED that the Hadley Town Board hereby approves the purchase of fencing in the amount of $7,000 for Hadley Hamlet Water 2 including installation. All Ayes.
Maureen Lanfear and Colleen DeMarsh attended a Seminar with DEC- Flood Plans and Fema. This program was to inform them of the Flood Insurance Program not pertaining to Dam breakage. They will be receiving new maps. They were very impressed with the information they acquired. Ms. Lanfear stated that working in the Building Inspector's Office, this information is welcomed.
A workshop for the Employee Manual is scheduled at the Agenda Meeting September 27th at 6PM Deputy Supervisor DeMarsh would like to have the new updated Manual with everyone's paycheck in October.
RESOLUTION # 108 was made by a motion from Colleen DeMarsh seconded by Susan Wilder.
BE IT RESOLVED that the Hadley Town Board will sign the letter provided by the Town of Corinth supporting them on their application for funding through the "Restore NY" Communities Initiative program. All Ayes.
Town Clerk's report: Revenues: $2,279.00
Disbursements: DEC: $2,044.78
County Treasurer: $28.20
Ag. & Markets: $15.00
Supervisor: $191.02
The Town Clerk had received an American Flag from Mr. Douglas Dutcher who has just returned from Iraq along with one certificate. This Certificate was proof that the Flag had been flown over the Military Police Station on the Victory Base Complex, Baghdad, and Iraq Operation Iraqi Freedom. The other Certificate was from Operation Iraqi Freedom's 727th Military Police Detachment (Law & Order) Certificate of appreciation stating the Town's excellent support contributed significantly to the Detachment's Law and Order Mission on the Victory Base Complex, Operation Iraqi Freedom 2006-2007.
The coin is from Operation Iraqi Freedom and it is dated August 2006- August 2007.
The Town will display these items from one of our heroes.
A letter had been received from Mrs. Jan Letteron thanking the Town Board for the funds to support the Hadley Luzerne Historical Society. She also stated that it was nice this summer on Saturdays to hear the whistle of the train. Mrs. Letteron is also happy that the Hadley General Store is again opened. She was also asking to change the placement of the signs by the Railroad track. She doesn't feel it does justice to Mouse's Soup Shop or the Historical Society. They overlap and a big jumble. She asked if this could be rectified.
Mr. Monica will check this out and also install the Historical sign by the old Post Office.
The Town Clerk also had also contacted Cooks Septic Service pertaining to the Porta Potty which was burned at the Canoe Access. Mrs. Cook is still waiting for a quote. Once we receive it the Town will send it to the Insurance Company.
PUBLIC COMMENTS:
Mr. Cartier reminded the Board and the residents about the ad in the Pennysaver last week pertaining to the town's taxes in Stony Creek. After a long discussion, this problem will be reviewed by the Town's Assessor
Deputy Supervisor stated that she had received a request for the Highway Superintendent to replace the rusted signs through out the Town. Mr. Monica stated that he had already done a list of all the signs and will replace some of the worst ones as we cannot afford to replace all of them at the same time.
Mr. George Sutliff thanked the Town Board for Honoring his brother, John L. Sutliff.
James Jenkins informed the Board that new voltage regulation units have been installed in South Hadley for the Water Plant low voltage problem.
Mrs. Veronica asked that tree branches be cut as they are blocking the signs.
Mr. Ovitt asked when the budget workshops would take place and he was informed that Supervisor Trottier was working on the budget himself.
Mr. Monica stated that the crew which is cutting trees around town has done an awful job on O'Keefe Road. He stated that it looks terrible.
Mr. Cartier stated that the residents can stop them from cutting trees by the road in front of their homes. They are only allowed to cut trees where they have permission to do so from the homeowners.
Next Agenda Meeting, Thursday September 27th at 6PM (Employee Manual
Next Town Board Meeting, 7Pm October 11th 2007
Motion was made by Arthur Wright seconded by Colleen DeMarsh to adjourn this meeting at 8:55PM. All Ayes.
Pauline G. Smead
Town Clerk
