HomeLawyersStaffPracticeContact

Main

February 20, 2007

Town of Penfield

TOWN MOTTO IDEAS WANTED:

The deadline is nearing in a contest for a new Penfield motto.

The Penfield Chamber of Commerce is seeking a new motto because officials consider the current motto — The Town of Planned Progress — outdated.

The deadline for entries is Feb. 28. The three best suggestions, judged by chamber officials, will be presented to the Town Board for final approval. The winner will get $100.

Penfield residents can submit a motto on a form at the Chamber’s Web site, www.PenfieldChamber.org, by sending an e-mail to newmotto@PenfieldChamber.orgCQ, or by sending a letter to the Penfield Chamber of Commerce, P.O. Box 545, Penfield, NY 14526.

I'd be curious to know whether many towns have mottoes. If your town has one please put it into the comments.

February 17, 2007

Town of Wayawanda

TOWN OF WAYAWANDA ZONING BOARD OF APPEALS BANS VIDEO CAMS:

Anna Miller stood in the back of the room, silent, her fingers wrapped around a small, hand-held video camera.

The 14-year-old Minisink Valley High School freshman believed it was her civic right to bring her camera. She wanted to record a public meeting of the town's Zoning Board of Appeals for herself and others. She learned in school that government meetings are open to the public.

That's true. Just not Thursday night's meeting of the Zoning Board of Appeals.

Chairman Richard Onorati demanded that Miller shut off the camera. "It's too much of a distraction," he told her.

Miller complied.

"I made no noise," she said. "I didn't draw attention to myself."

The state's Committee on Open Government was contacted months ago by Miller's mother, Deborah Glover, and another citizen, Connie Lichtenberger, seeking an opinion on whether the public has a right to videotape open meetings.

Glover wants to videotape all government meetings, Town and Planning boards included, for future use on a grassroots town news Web site. Such a tool is critical to keeping residents in this town informed — many of whom cannot find time to attend meetings between working and children's activities, she said.

Back in August, Lichtenberger tried to videotape a public hearing of the Zoning Board of Appeals that dealt with an issue relating to her New Hampton neighborhood. She placed a video camera in the corner, on a tripod. But she, too, was shot down.

Committee on Open Government Executive Director Robert Freeman wrote that case law suggests audiotaping and videotaping of town meetings is permissible as long as it is not "disruptive or obtrusive."

Freeman's opinions haven't swayed Onorati. He said that the camera, pointed directly at the board members, is intimidating and distracting. And the board unanimously agreed several months ago to not allow videotaping. The meetings are recorded on audiotape, and copies are available to the public upon request. He further contends that the board is a "quasi-judicial" agency and should be granted the "same consideration as the courts."

At one time, state law exempted quasi-judicial boards, including zoning boards of appeals, from holding open meetings. But more than 20 years ago, that law was amended and no longer allows for such an exemption, said Camille Jobin-Davis, Committee on Open Government assistant director.

"It's not a distraction. You have a hand-held video camera. You stand still," said Jobin-Davis. "I don't see what the problem is."

Glover and Miller said they will try again.

"Nothing is denied here," Onorati said of the meetings. "Except videotaping."

This girl's mother, her friend, and the reporter shouljd be ashamed of themselves for using this girl to draw attention in this manner. The choreography of the "confrontation", including making sure a sympathetic reporter and cameraman were there, couldn't be more obvious.

February 15, 2007

Town of Peru

Things were pretty hairy for a time in the Town of Peru, but they appear to have settled down now judging by the lack of sensationalistic reporting. The Town Board appear to have learned a lesson about having a Deputy Supervisor after having been burned last year when they appointed a non-board member to that position: PERU CONSIDERS BUT REJECTS DEPUTY SUPERVISOR CONCEPT:

Town officials have considered their options for conducting business without a deputy supervisor for those times when Supervisor Donald Covel is out of town.

Covel brought up the issue during this week's council meeting, expressing concern about having to be away to search for equipment to replace items lost in a fire that destroyed Frosty Springs — his wife Linda's business — earlier this month.

He asked the Town Council to appoint Councilman Keith Matott to the position of deputy supervisor, a position town officials did away with several weeks ago. Robert Duquette held the job last year.

Councilman Cortland Forrence said he was opposed to the idea of creating the deputy-supervisor position when it had only recently been abandoned.

Town Attorney Donald Biggs said the council could consider giving a councilor added duties but suggested the town not move toward appointing anyone as deputy supervisor at this time.

December 14, 2006

Can't we all just get along?

Town of Elma: OUSTED RECEIVER OF TAXES SUES ELMA
Town of Hamburg: BUSINESSMAN, HAMBURG AT ODDS
Town of Rhinebeck: RHINEBECK SUPERVISOR TUSSLES WITH TV STATION

November 13, 2006

Extended Terms

LONGER TERMS 'SENSIBLE':

Some town supervisors are applauding the voters' decision Tuesday to extend the terms for four elected leaders. Voters in Vestal, Conklin, Nanticoke and Lincklaen approved propositions that extend their supervisors' terms to four years from two years.

"It's just a sensible thing to do," said Margaret Turna, Town of Chenango supervisor for the past 11 years. Turna is in the second year of her first four-year term; all her previous terms were two years. "Two years is just not enough," Turna said.

In a two-year term, campaigning is a full-time job every other year on top of a full-time job, said Peter Andreasen, who became Vestal supervisor in January.

"I was running every Saturday, every Sunday, and I was virtually doing something every day from May to November," Andreasen said of his campaign. "It was between two and eight hours a day depending on how my legs held out."

The Vestal supervisor's position will switch to a four-year spot for the person elected in November 2007. All the term extensions approved Tuesday will take effect the next time a supervisor's position is on the ballot in each town.


...

October 04, 2006

Citizen Watchdogs

From the Rochester Democrat & Chronicle: WATCHDOGS DEFY ODDS, MAKE CHANGE HAPPEN

October 03, 2006

Town of Savannah

USA Today has an informative article about the Montezuma Wetlands Complex, with the Town mentioned as follows:

Town Supervisor Don Colvin, 79, whose father raised five children on 28 acres of muckland, sold his own 190-acre farm in 1999. "Sometimes I wish I had it back," he said wistfully as he drove up in his pickup, then added more firmly: "This is going to put Savannah on the map."

Colvin, who's been elected supervisor no fewer than 24 times since 1959, used all his political wiles to get an Audubon Nature Center built on the edge of the farm. The $2.7 million building opens to the public in October and a mile of trails already extends into woodland around 30 acres of flooded fields.

Keeping the public engaged is a crucial mission — plans are afoot to build a scenic overlook along the Thruway, which carries 16 million people a year, by 2010. In contrast with largely unaltered, million-acre watersheds in the West or Alaska, Montezuma relies on an unusual blend of bulldozers and biologists.

"It seems the more natural the landscape is, the less extreme one needs to be in the management," Jasikoff said. "If we could restore the whole ecosystem, then you're talking about shutting the Thruway down, closing the canal, rerouting Conrail and underground pipelines. You're talking 400 years of development here. It's impossible."

And yet wildlife is proliferating.

"Chemicals in the marsh are a real concern," Jasikoff said. "But we're watching the top of the food chain, eagles and ospreys, and they're just doing wonderful. The birds adapt."

September 15, 2006

Town of Elizabethtown

HIDDEN CELL TOWER SET TO GO:

A small door in the tin-tiled ceiling of an upstairs back room leads to the attic where ancient hand-hewn posts and beams support the roof of the Town Hall in Elizabethtown.

At the front of the attic, another ladder reaches into a box-like room that holds the cupola and a huge church bell nearly four stories above the courtyard.

The 150-year-old wallboards are two or three inches thick, and they are about to be fitted with fancy new equipment: a circular array of bell-shaped antennae that will bring cellular-phone service to the Essex County seat.

Verizon Wireless has spent months designing the array to be hidden completely inside the upper attic room below the cupola.
...
On the signed permit, APA also noted the cellular array will not change the historic nature of the Town Hall, which was once the Baptist church and a famed location of abolitionist speeches in the mid 19th century.

"Because the proposed antennas will be located inside an existing cupola, the project as proposed will not cause any change in the quality of 'registered,' 'eligible' or 'inventoried' property, as defined by the New York State Historic Preservation Act of 1980," Merrihew said
...
New York RSA2 Cellular Partnership has completed detailed schematics, which show how power to the array will be run to an exterior generator.

The 10-by-18-foot power box will sit outside the Town Hall, near a tree, eliminating one parking space. Two propane tanks will fuel the generator in the event of power failure. A new service will be added to existing power lines out front.

Verizon will rent the cupola site for about $1,000 per month in a 25-year contract to be reviewed every five years.

Cellular array options and site specifics were readily available, Merrihew said. Verizon engineers had a catalog of types of cell-tower installations they can hide inside bell towers.

The equipment even lasts longer and works better when under cover.

"Being inside and completely protected from the weather added performance values," Merrihew said. "It means more stability for the coverage area."

September 14, 2006

Town of Genoa

NEW GENOA TOWN CLERK STEPS DOWN:

Genoa town clerk Kate Beckley resigned from her position Monday, saying Wednesday that she didn't believe she had the support of the town board, whom she felt was more apt to work with the town's previous clerk.

“It's the board's job to honor the wishes of the townspeople and welcome their officials and work with them instead of against them,” Beckley said. “The core of the problem was that I was never allowed to be the clerk.”

Beckley, who has lived in Genoa for nine years, was elected to the position last November. In September 2005, Beckley defeated the former town clerk, Karen Shields, by six votes, winning 40 votes total in the Republican primary race.

While Beckley said she handled the day-to-day duties of the clerk, she said the previous clerk stayed involved in clerk business. The town board and its appointees, Beckley said, would often keep Shields apprised of the issues being discussed, forwarding her documents and phone calls.

“It's as though she never left,” Beckley said.


September 13, 2006

Town of Hamburg

SAVINGS SEEN IN MERGING TAX AND CLERK OFFICES:

The proposed consolidation of the Town of Hamburg tax office into the town clerk's office is expected to save $65,000 a year.

The savings would come through the elimination of the tax manager's job and some part-time positions, according to Councilwoman Kathleen C. Hochul and Town Clerk Catherine A. Rybczynski.

The tax office has been under the Finance Department since the position of tax receiver was eliminated in 2004.

The Town Board on Monday night called a public hearing for its first meeting in October - the exact date to be determined - to consider the proposal.

September 10, 2006

Town of Waterford

TOWN IS 1ST IN STATE TO OFFER CHILD ALERT:

When a person goes missing, the Waterford Police Department will be able to call upon thousands of town residents within minutes to join the hunt.

Waterford is the first community in New York state to participate in A Child is Missing program that issues alerts on missing people by using computer technology that can make up to 1,000 telephone calls per minute.

"We can help you save lives," said Ralph Caporale, a law enforcement trainer for A Child is Missing, which was founded in 1997 in Fort Lauderdale, Fla. A not-for-profit company, it relies mostly on federal funding to provide the telephone, computer and satellite technology necessary to call the telephones in an area that is being searched by police.


September 08, 2006

Town of Chili

RESIDENT TAPING CHILI BOARD:

Residents for years have been asking the town to broadcast board meetings on cable television.

Now it is happening, but only because one resident was tired of waiting.

Chuck Rettig of Chili, who regularly attends meetings, purchased his own video equipment and has recently begun taping some Chili meetings to hand over to the cable access channel, Cable 12 West.

"I thought it was time to have open government in town," Rettig said.
...
Penfield budgets more than $9,000 a year to broadcast its Town Board, Zoning Board of Appeals and Planning Board meetings on cable. Brighton broadcasts its meeting on cable Channel 12 for $6,000 a year.
...
Heath Miller, who also regularly attends meetings, doesn't understand why his town is dragging its feet while other municipalities find the funds.

"This would bring Chili into the 21st century," he said. "There is always talk about having open government in Chili and this would be the perfect opportunity. Two hundred dollars a month for meetings is something that not only benefits everyone in the town, but something the town can afford."

My (limited) experience with televised meetings is that they encourage bloviating and grandstanding, particularly during the public comment period. The residents quoted here use a distorted definition of open government. A government is not "un-open" if its meetings are not televised any more than because most of its citizens are too busy, indifferent, lazy- take your pick- to attend board meetings. Open government means simply that the town holds open its meetings to the public and provides documents and other records to residents upon request. The town is not obligated to spoon-feed information to residents who otherwise are not interested. Those who do truly take an interest in town decisionmaking will find a way to attend board meetings and to make their sentiments known. Folks in Chili who absolutely cannot attend meetings have access to up-to-date agenda and minutes on the Town's nice website, and can provide input via e-mail, telephone, or letter. It appears to me that there are several controversial topics in Chili, the town dissidents-- who usually are in the minority- are frustrated that the Town Board refuses to roll over for them, and so they want the Town to pay to provide them with a public platform to further harangue the board and recruit converts. IF ONLY PEOPLE KNEW WHAT WAS GOING ON, THEN THEY WOULD JOIN OUR CAUSE! Or maybe I'm too cynical.

September 05, 2006

Town of Westfield

Please take a look at the new website being launched this week by the Town of Westfield, a client of mine.

August 27, 2006

Town of Lloyd

LLOYD, A RIVERFRONT TOWN, MAY FINALLY GET ACCESS TO THE RIVER:

As summer comes to a close, residents of the town of Lloyd have a chance to ensure river access for future summers.

On Wednesday, town voters will decide on a proposal to create a 1.7 acre park at 42 River Road, once a fuel storage depot.

The park would be the town's first riverside public park.
...
The town has proposed to purchase the park for $650,000, with funds already set aside for the purchase. Most of the money, $525,000, will come from the state Office of Parks, Recreation and Historic Preservation, and the Poughkeepsie environmental advocacy group Scenic Hudson.

In exchange for its contribution, Scenic Hudson will be given a conservation easement to maintain the property, ensuring it will remain a park forever.

August 24, 2006

Encouragement

To the upstate County Attorney who stopped by my office this week: Thank you for your kind words, and I hope you can stop back again sometime when we'll have more time to chat. Enjoy your stay in Chautauqua County!

August 23, 2006

Restore NY Grants

"Restore NY is a new program announced by Governor Pataki to encourage economic development and neighborhood growth by providing municipalities with financial assistance for revitalization of commercial and residential properties. ESDC is making $50 million available for the first round of grants and soliciting proposals from municipalities for competitive review. The maximum grant a municipality may receive is $5 million and each award must be matched by a municipal contribution of at least 10 percent. Only municipalities may apply."

Follow the link for the application. The first sentence is a real hoot: "Since 1995 New York has experienced record economic growth in all corners of the State." Whatever you say, Sparky.

Shared Services Grants

GOVERNOR ANNOUNCES $2.45 MILLION TO PROMOTE INTERMUNICIPAL COOPERATION AND SHARING OF SERVICES:

Governor George E. Pataki today announced 22 grants totaling more than $2.45 million have been awarded to improve the efficiency of municipal government services and encourage cooperation by local governments to reduce costs for providing services to residents and businesses.
...
The SMSI Program was initiated at the Governor’s request in 2005, with strong legislative support. The goal of the program is to encourage municipal leaders to work together and explore new approaches to promote fiscal stability. In a 2005 report, “Sharing Services and Saving Tax Dollars,” the Senate Local Government Committee, chaired by Senator Little, surveyed the status of local government use of inter-municipal agreements and explored ways in which such cooperation can help to control property tax growth, and rising insurance and energy costs.

A total of 266 applications were received during the solicitation for the first round of SMSI grants. All applications were reviewed by the New York State Department of State’s (DOS) Division of Local Governments, which then selected the award recipients. Among the projects receiving funding are: the sharing of office facilities, studies of village dissolutions and municipal consolidations, cooperative water or sewer system construction and maintenance, and shared highway department services, including vehicle maintenance and fueling facilities.

The press release has a complete list and description of the grant recipients.

August 22, 2006

Town of Copake

GOVERNMENT GROWS AT BREAKNECK PACE:

This town, whose motto is "Land of Rural Charm," is fast earning a new nickname: the Land of Committees Aplenty.

Since the beginning of this year, six new committees have been established by the Copake Town Board, all initiated by the Democratic majority of Linda Gabaccia, Carl Ritchie and Robert Sacks.

The two Republicans on the board, Supervisor Angelo Valentino and Councilman Wayne Miller, have joined the majority in voting for the committees.

The committees are: the Committee on Aging; the Inquiry Committee; the Ethics Committee; the Tenant Landlord Committee; the Building Oversight Committee and most recently the Environmental Committee.

Town of Neversink

NEVERSINK TAKES ON BOOZE BAN:

It's been 71 years since anybody could buy a cold one in the Town of Neversink.

Could that change?

"It is time to join the 21st century," said Meigan Dean who wants to overturn the seven decades-long ban on alcohol sales in this eastern Sullivan town.

Neversink is among 12 completely "dry" towns in New York.
...
In 1935, two years after Prohibition was repealed, Neversinkians vetoed alcohol sales, shutting down the saloon on Main Street. Old-timers say the ban on alcohol sales came after a man stumbled out of the bar in Grahamsville, was run over and killed. The other common explanation is that it was inevitable. Neversink was, and still is, a conservative, farming community with a powerful temperance movement.

Nearly three years ago, Dean opened Cannie D's Corner, a small strip mall that includes a convenience store and gas station. She has failed in the past to get a petition on the ballot. She has 100 signatures and needs another 225 from registered voters for a town vote on Nov. 7.

If history is any indicator, the petition doesn't stand a chance.

In 1970 and 1979, Neversink voters rejected a "go wet" campaign by a 2-1 ratio. Around Neversink, the ban on booze sales is as natural as gobbling apple pie on the Fourth of July.

"Neversink is independent people working hard to create different projects," town historian Carol Smythe said. "My guess is that bringing back beer and alcohol just isn't something people want to do."

August 17, 2006

Town of Hornellsville

5,000 MASKS AWAIT BIRD FLU: HORNELLSVILLE SUPERVISOR HAS BOXES READY FOR RESIDENTS AT TOWN HALL:


Hornellsville town Supervisor Kenneth Isaman is taking the potential for a pandemic outbreak of bird flu seriously.

Isaman, who happens to be chairman of the Steuben County Legislature's Health and Education Committee, said his interest stems from experience.

“I've had a personal interest in the West Nile virus over the past few years,” he said. “One of my relatives - a cousin - was the gentleman from Rochester who actually contracted West Nile and was close to death. Then I heard about pandemic flu.”

In fact, Isaman noted Hornellsville was the first in the area to invite the county's Public Health and Nursing services office to conduct an information session on avian flu. Now he's decided to take it a step further.

With a little help from St. James Mercy Hospital, Isaman has acquired 5,000 surgical masks. The masks, he said, could go for as much as 80 cents a piece. Thanks to the hospital, however, they cost the town just under $400.

“I guess I'm on a mission for the town - and maybe the county - to help educate on how all of us should be aware and have some preparation done,” Isaman said. “All indications are that it will be spread, and it's spread by migratory birds. We certainly have plenty of those within our own borders of Steuben County and New York state.”
...
Isaman said the town has files on all of its homeowners and could find out from landowners who their tenants are. In the event of an outbreak, he believes there will be enough time for residents to be notified and come by town hall to acquire a mask.

“If a pandemic was to hit we would have some sort of early warning system,” Isaman said. “I think we'd have some time to distribute these without fear of it spreading.

“It's all in the old Boy Scout motto: Be prepared,” he added. “We're set if something occurs. We have 4,000 residents.”

Isaman said the town may also store some water at town hall, but he urged residents to be sure and have adequate supplies of water and food at home. Preparation, he said, will help with other emergencies as well.

Travis said being prepared is the right thing to do. Pandemics happen every 30 years, she said, adding whether it's bird flu or something else, time is running out.

July 27, 2006

Environmentally-friendly Parking Lots

POROUS PARKING LOT CREATES LOCAL BUZZ:

Parking lots rarely generate much excitement, but 13 spots on Cayuga Inlet have managed to do just that. With a combination of porous asphalt laid over structural soil, developers of the project are betting that they've found a solution to a number of problems with parking lots.

Drainage issues will be addressed by using paving that has enough small holes to allow water to filter down into the ground rather than running over the surface, carrying oils and other car fluids into waterways. Meanwhile, with a large amount of soil beneath the asphalt, trees will be able to grow bigger, faster, creating shade that will offset the heat-island effect so common in parking lots.
...
During construction of this new lot, builders dug up two feet of soil from the entire area that was going to be paved and replaced it with CU-Structural Soil, a patented product developed by Bassuk and Cornell graduate students. The soil is unique because, even when compacted as required for paving, it still has small pores to allow root growth.

With this medium beneath a permeable surface, the tree roots can grow beneath the entire lot, rather than being hemmed in by curbs.
...
As for associated costs, all three said it's hard to compare the traditional process to these new methods. While the materials for porously paved lots are more expensive, they eliminate the need for other stormwater management systems that would add cost to a project.

Bassuk predicted that the growing popularity of porous asphalt will eventually bring down its cost.

July 26, 2006

Town of Cheektowaga

CHEEKTOWAGA GETS ITS FIRST GOLF COURSE:

Cheektowaga's first golf course will open to the public Aug. 16.
...
Golfers will get to play the back nine at Diamond Hawk off Genesee Street this summer. The front nine will take a few more weeks to finish.
...
The pro shop, locker rooms and practice areas will be open Aug. 16 as well, he said. The restaurant, bar and patio will take a little longer. Workers are laying tile throughout the 7,600-square-foot clubhouse while other finishing touches are made.

The $10 million course was built by local developer Sam Tadio on land owned by the Town of Cheektowaga. Peter J. Swiantek and Joseph M. Falbo Jr. are managing partners. It is a private course operated by Tadio's group with a long-term lease from the town.

Town residents will receive a 20 percent discount on greens fees. It will cost the general public $19 to play nine holes.

Town of Wayawanda

This is despicable: HORSE HEAD HARASSSMENT:

The bent windshield wipers annoyed her. The sex toy glued to her windshield back in June made her furious. But finding a horse's head in her swimming pool yesterday hit Wawayanda Councilwoman Gail Soro right where she lives.

It left her angry and frightened last night, as state police scoured the Orange County town for suspects. They were treating it as a case of harassment and trespassing, at the very least.

Town of New Paltz

WEST NOW A 'MARRIAGE OFFICER' FOR TOWN OF NEW PALTZ:

Village of New Paltz Mayor Jason West, who caused a local and national uproar 2-1/2 years ago by presiding over same-sex weddings, has been appointed a marriage officer by the New Paltz Town Board.

West's appointment - which authorizes him to preside at heterosexual weddings - lasts through Sept. 1. The board also has appointed Town Clerk Marian Cappillino as a marriage officer. Her appointment lasts through Dec. 31.

"A couple of meetings ago, we appointed (West) a marriage officer through Sept. 1 for the town, and immediately after, Marion made a request to be appointed a marriage officer," said town Supervisor Toni Hokanson. "She stated that she had people who come and are looking for some to marry them who aren't necessarily religion-based."

Hokanson said the appointment of West does not mean the town will start allowing gay weddings.

"They're both bound to perform the ceremonies only for people who have properly obtained a New York state marriage license," Hokanson said of West and Cappillino.

Municipalities have broad authority to appoint marriage officers under Section 11-C of the Domestic Relations Law. I'm not aware of any towns in my neck of the woods that have done this, and would like to hear from others across the state that have. Have you had any problems with the position? Here is the statute in its entirety:

§11-c. Marriage officers. 1. Notwithstanding the provisions of section eleven of this article or any other law, the governing body of any village, town, or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage which marriage shall be valid if performed in accordance with other provisions of law. Nothing herein contained shall nullify the authority of other persons authorized to solemnize marriages.

2. The number of such marriage officers appointed for a municipality shall be determined by the governing body of the municipality. Such marriage officers shall be eighteen years of age or over, and they shall reside in the municipality by which they are appointed. A marriage officer shall have the authority to solemnize a marriage within the territory of the municipality which makes the appointment.

3. A marriage officer may receive a salary or wage in an amount to be determined by the governing body of the municipality which appoints him or her. In the event that a marriage officer receives a salary or wage, he or she shall not receive any remuneration or consideration from any other source for performing his or her duties. In the event that a marriage officer does not receive a salary or wage, he or she may accept and keep up to seventy-five dollars for each marriage at which he or she officiates, paid by or on behalf of the persons married.

4. The term of office of a marriage officer shall be as determined by the governing body which makes the appointment but shall not exceed four years. A marriage officer shall serve at the pleasure of the appointing authority and may be removed from office with or without cause on ten days written notice filed with the clerk of the municipality and sent by registered mail return receipt requested to the marriage officer.

July 25, 2006

Town of Rhinebeck

RHINEBECK TOWN BOARD ERROR DELAYS PARK FUNDING:

Town Board members on Monday moved to correct a four-year-old procedural error that has held up grant funding for improvements to the Rhineson property, now known as Thomas Thompson Recreational Park.

The board amended a conservation easement conveying 71.95 acres to the Winnakee Land Trust from the town and village, acknowledging that it previously failed to give notice of a permissive referendum on the easement.

"The original grant of the conservation easement should have been effected through the publication of a resolution ... subject to a permissive referendum," Town Attorney Warren Replansky said.
...
Replansky said the Town Board's approval of the land transfer sets in motion a 30-day period for petitions to be filed objecting to the easement. He said a referendum would be required if signatures are obtained from 5 percent of town voters in the most recent general election.

"I suspect there won't be," he said. "Very rarely are there petitions for permissive referendums, except in very controversial subjects."

The article doesn't answer the natural question: why did it take four years to correct the error?

July 23, 2006

Town of Newburgh

CAMERAS COULD CATCH SPEEDERS:


Before long, you might want to start smiling when you drive through the Town of Newburgh.

Because if officials there have their way, you'll be on camera.

The sprawling town wants to become the first place in New York state to install a photo radar system to nab speeders on its roads. It would post radars and cameras in a few spots to spy on lead-foot drivers. And if the camera catches you, expect a ticket in the mail.
...
Those fines can mean big money, and Jim Baxter, president of the National Motorists Association, says the cameras may do more for town coffers than town roads.

"There's no evidence it does anything to improve traffic safety," he said. "All it does is generate money."

July 20, 2006

Broome County Sales Tax

LEGISLATOR'S OVERRIDE FIALA'S SALES-TAX VETO:


Broome County legislators upheld their agreement to evenly split sales tax revenue with towns and villages, with one leader saying the localities are relying on the money now for flood relief.

In a 12-7 vote split along party lines, the Republican-majority legislature on Wednesday overrode County Executive Barbara J. Fiala's veto that would have kept the county receiving 52.5 percent of the sales tax it takes in.

The money will be split 50-50, effective in January 2007, meaning an additional $2.1 million will be split among the localities.

July 13, 2006

And now for something completely different . . .

GREETINGS FROM PODUNK

County Worker's Compensation Plans

ROME OPTS OUT OF WORKER'S COMP PROGRAM:

With the hope of saving up to $60,000 a year, the Rome Common Council voted Wednesday night to discontinue workers' compensation services with Oneida County.

If the city can administer claims itself, it would save money, Corporation Counsel Timothy Benedict said.

The city spent about $516,000 this year under the county's insurance coverage, through Utica National Insurance Co., Benedict said.

Under the new plan, an initiative of Mayor James Brown, the city will bring the insurance coverage in-house, and will hire a third party administrator to oversee claims, administer files, and issue the checks among other responsibilities, he said.

July 12, 2006

Town of Shandaken

Probably not the best way to hand public relations: SUPERVISOR, RESIDENT GET IN FISTFIGHT AT TOWN HALL

July 10, 2006

Local Elections in Chautauqua County

SOME TOWNS SEE RESULTS:

Local government is where the most basic needs of civilization are provided — roads, water, sewer lines and police protection, just to name a few. Local politics is the easiest for citizens to take part in, the easiest for voters to sway — and the level of government people are least likely to participate in.

Accord-ing to a study for the OBSERVER, political participation in town elections across Chautauqua County was only 36 percent over the past 10 years.

What causes this is a matter of speculation, but Norm Green, Democratic election commissioner, believes it’s the absence of competitive races — and for this he blames Democrats in Republican-controlled towns for not challenging the incumbents.
...
It’s no surprise the vast majority of towns in Chautauqua County — 20 of 27 — are run by Republicans, and Democratic challengers are hard to come by. In November 2005, with elections taking place in every town in the county, nine council races were uncontested — all but one in Republican towns.

But in the seven Democratic towns, Republican candidates seem eager to challenge the incumbents. In 2005, 18 town supervisor positions were up for grabs and only three incumbents were challenged, all Democrats — Pat Tyler, D-Ellicott; Richard Purol, D-Dunkirk; and Ken Bochman, former Democratic supervisor of Charlotte who was ousted by another Democrat. In contrast, eight Republican incumbents won an additional term in 2005 without any challenge from the opposing party. ‘‘You always see Republicans putting names on ballots to give people a choice. You have to give that party credit,’’ Green said.
...
According to Niebel, it’s possible low voter turnout is attributable to general satisfaction with the way the towns are being run. It can also be attributed to the fact that there’s no Democratic or Republican way to pave a road — no real reason for an incumbent to be challenged unless he or she is doing a bad job.

July 03, 2006

Endangered Perquisites

OFFICE PERK: INSURANCE:

Want good health insurance for life?

Run for supervisor in Callicoon. Or for the Village Board in Chester. And stick around for a few terms.

Supervisors and mayors in almost 40 percent of local municipalities, and council members in a quarter of them, can qualify for lifetime health benefits on the taxpayers' dime, according to a survey by the Times Herald-Record.

Even as health insurance costs soar and private businesses slash retirement benefits, local taxpayers are footing the bill for their elected officials, many of whom are part-time, and will be for decades to come.

Costs vary widely, depending on how many officials use the benefit and if they qualify for Medicare. But it's a generous perk, one that supporters say helps encourage qualified candidates to run for local office.

And it can be quite expensive, saddling local governments with some serious long-term liabilities.

When John Karl did the math in the Village of Monroe, he was stunned. Health insurance over the next 15 years for the three board members who received it would cost his village somewhere around $350,000. Each.

June 28, 2006

Town of Shandaken

ANTI-RESORT POSTCARDS TARGET SUPERVISOR:

"To the person behind this attack, I say, show yourself."

That's the challenge laid out by Shandaken Supervisor Robert Cross Jr., who is livid with whoever launched a recent postcard attack on him, and, as he sees it, his wife.

The postcard being circulated around town parodies billboards set up by Crossroads Ventures, the developer of the proposed Belleayre Resort at Catskill Park in Shandaken and the neighboring Delaware County town of Middletown. The billboards feature an image of the proposed hotel on the mountain near Belleayre Mountain Ski Center, with slogans about the number of jobs the project would bring and the benefits the developers say will follow.

"Support the Belleayre Resort," the billboards say.

The postcard has the same image as the Crossroads billboards, but contains an inset featuring the supervisor's smiling face. Splashed atop the card is the following line: "My wife has a high paying job but that don't mean you will!!"

Across the bottom, the card reads "STOP THE BELLEAYRE RESORT."

"This attack pokes fun at issues most people take a lot more seriously ... jobs and family," Paul Rakov, the vice president of public affairs for the resort, said on Tuesday. "It shows a total disregard for how difficult it is for families to survive here with little economic growth or career possibilities."

Some believe the author is calling attention to the fact that Cross's wife is currently employed by Crossroads Managing Partner Dean Gitter, at another Gitter enterprise. Cross has come under fire for this association, which began after he was elected. Critics say it's a conflict of interest for Cross to decide on town matters pertaining to the resort proposal.

June 26, 2006

Town of Granby

IN GRANBY, SOME THINGS JUST DON'T SMELL RIGHT:

Something stinks in the Town of Granby.

In the case of Steven Kent, he'll tell you the smell is coming from his front lawn. The town of Granby, though, isn't talking, nor is the county health department. Meanwhile, the owners of 78 building lots in the County Estates development are left to wonder just who is looking out for them.

Both the Oswego County Department of Health and the Town of Granby have declined comment due to the fact that it pertains to an ongoing investigation.

When Steven Kent bought a house in the Town of Granby in October of 2003, he had aspirations of settling in and possibly retiring on his property. “We put a lot of time and effort and money into this place and never thought we would have to leave.”

However, since moving into his property at 43 Senior Ave. his electricity has failed, his septic system has allowed raw sewage to bubble up in his lawn, and the concrete slab that his house was built on has started sinking into the fill material used around it.

Kent has filed a lawsuit against Gary's Reconditioned Homes, the company that built and sold him the house, as well as A&A Well Drilling and Backhoe Inc., the company that Kent bought the property from. Both companies were owned by Gary A. Royce, Jr. another defendant in the case. The final liable party named in the lawsuit was the Town of Granby, which Kent claims failed to inspect the property properly.

In the lawsuit, Kent claims that the electricity failed “due to the fact that the cable going into the house was not in a conduit but rather just in a dirt trench.” Further, he alleges that there was no evidence that any inspection was conducted by the town's code enforcement officer prior to the septic system failing. To support this, he cites the fact that the building permit and the certificate of occupancy were issued on the same date.

Hmmm . . .

June 08, 2006

Bentley Creek, PA

Had to post this one:

BOARD SEEKS TO BAN WEAPONS AT PUBLIC MEETINGS:

Ridgebury Township supervisors hope to ban residents from bringing weapons to public meetings with an ordinance approved for advertisement Wednesday night, citing the community’s ongoing controversy over a variety of issues.

The ordinance would ban attendees from bringing any firearms, knives, or other “deadly weapons” to the meetings, and was approved for advertisement in a 2-1 vote of the supervisors, pending review by township solicitor Jonathan Foster.

Over the last few years issues ranging from the township’s comprehensive plan to ownership of a dam listed as a danger by the state Department of Environmental Protection have led to heated debates at the meetings between residents and supervisors.

“We have people coming in here with weapons,” supervisor chairman Gary Wood said. “With all the controversy, we don’t need any incidents.”

Wood and supervisor Ken Cooke said they have not seen any weapons carried by attendees in recent months, but said other individuals have told them that residents have been bringing the items to meetings.

June 06, 2006

Headlines

Here are several interesting stories. The first one is particularly good news for the Southern Tier economy:

CHEMUNG SITE COULD BE NEXT BIG PROJECT:

While local officials celebrated big economic news on the western side of Chemung County on Monday, they hope to have even more good news on the other side of the county by the end of the summer.

The Whitewagon development site in the town of Chemung is the subject of considerable outside scrutiny, and some officials are confident that a major prospect will locate there soon.

Most of the interest in the site comes from distribution-type businesses, said officials who declined to provide further details.

"We're working on a project. I can't tell you any details," said Chemung County Executive Tom Santulli. "I'm hoping that it's something that we'll be able to talk about sometime around Labor Day. We're still working real hard at it."

If a deal comes through with a major business that is looking at the site, it will dwarf Monday's news that Schweizer Aircraft in Big Flats will create 100 new jobs, said Chemung Town Supervisor George Richter.

"It would be extremely significant, not just for the little town of Chemung but for this entire county and this entire region," Richter said.

LOCAL COUPLE SEEKS ZONING STATUTE TO BUILD WIND TURBINE:

After being denied twice by the Town of Dryden, there is still hope that a local couple could erect a wind turbine to power their home.

The rejections came not from any inherent problem with the application, but because the town has no zoning ordinance to regulate wind turbines, leaving applicants in bureaucratic limbo.
...
This problem with wind turbine ordinances is not unique to Dryden. Of the nine towns in Tompkins County, only the Town of Lansing lists wind turbines as a permitted use, with some qualifications. The towns of Ithaca and Ulysses plan to review their ordinances later this year.

The lack of town laws for turbines is due, in part, to the relatively few applications towns receive for their construction. According to New York State Energy Research and Development Authority (NYSERDA), in the past five years, 16 projects have been approved and built throughout the state using their small wind program. Another 10 are in the development phase and an unknown number were done with out NYSERDA support.

PLAN TO BUILD MORE HOMES:

All over Long Island, proposals for large development projects often run into community opposition. In Kings Park, however, residents are supporting a plan to build 99 homes in their figurative backyards.

That's because the houses will replace industrial property - a sandmining operation and a manufacturer of cement cesspool liners - long considered a blight in an otherwise secluded upper-class area.

STANFORD SUED FOR $10 MILLION BY LANDOWNERS:

Landowners trying to subdivide part of their horse farm have sued the Town of Stanford planning board for $10 million, alleging the board members violated their civil rights during nearly two years of protracted review.
...
The controversy comes as one of Dutchess County's most rural towns is beginning to deal with more development pressure. The population of Stanford grew 5 percent from 2000 to 2004, but still stood among the lowest in the county, at 3,729, according to the latest census estimate.

May 26, 2006

Town Topics

Here's a collection of articles that gives a good sampling of issues facing towns across the state:

WEBB HOUSE TALKS CONTNUE IN AURORA

ASSESSMENT ANGER ERUPTS AT MILTON TOWN BOARD MEETING

AMENIA SUPERVISOR SQUEAKS BY VOTE ON $15K ALLEN STUDY

PINE PLAINS TOWN BOARD MEETING INSPIRES MUCH PUBLIC COMMENT

MILAN BOARD REVIEWS COMPLIANCE ISSUE FOR HIGHWAY BUSINESS DISTRICT

TOWN, SCHOOL RESEARCHING SHARED GARAGES; FIREFIGHTING MAY CONSOLIDATE

May 23, 2006

Dog Bites Man

LOCAL CEO: GOVERNMENT IS STUCK IN THE DARK AGES:

Similar to many local residents, businessman Frank Giotto loves the Utica area, but says high taxes make it hard to live and do business here.

Lots of people also have suggested restructuring and consolidation of government services is one way to fight the problem.

But Giotto, Fiber Instrument Sales president and CEO, has taken his ideas to the next level: He's written a 101-page booklet outlining the problem and highlighting ways to fix it. He printed 1,000 copies at his own expense and is distributing them for free, and it will be on the www.taxpayerstalk.com by this evening so people can download it.

Called "Medieval Madness," the book says local government is stuck in the dark ages and that if the Byzantine bureaucracies are not pared down and merged, taxes will continue to climb, more businesses will leave and young people will continue to move away.

R.I.P. Don Davis

OWEGO TOWN COUNCILMAN MOURNED:


When people reminisce about Don E. Davis, the words caring, active and sense of humor are often used.

Mr. Davis, an Apalachin resident and Town of Owego councilman, died Friday at Robert Packer Hospital in Sayre, Pa. He had suffered a stroke during a May 16 town council meeting.

His wife of 46 years, Lynne, said her husband was always there to help. "He was someone you could depend on," she said. "He was a busy man."

Mr. Davis was a devoted husband and family man, with three grown children and six grandchildren, who loved working with the town, Lynne Davis added. He was the owner and operator of Don Davis Southside Deli in the Town of Owego.

Councilman Donald Castellucci said Davis, 66, was always working to improve the lives of people in the town. "He was a very giving man," Castellucci said, "very involved in the community."

He said Mr. Davis also was active in the Owego-Apalachin Central School District and the community through the Apalachin Lions Club. Castellucci, who knew Mr. Davis for more than 15 years, said the town has lost a valued resident.

Councilman John P. Schumacher said Mr. Davis' combination of common sense and honesty made him an asset to the community and a friend to those who knew him. "He never had an agenda," Schumacher said, "You always knew where he was coming from."

May 17, 2006

Dead Statute Walking

TOWN WON'T LET UNMARRIED PARENTS LIVE TOGETHER:

BLACK JACK, Missouri (AP) -- The City Council has rejected a measure allowing unmarried couples with multiple children to live together, and the mayor said those who fall into that category could soon face eviction.

Olivia Shelltrack and Fondrey Loving were denied an occupancy permit after moving into a home in this St. Louis suburb because they have three children and are not married.

The town's Planning and Zoning Commission proposed a change in the law, but the measure was rejected Tuesday by the City Council in a 5-3 vote.

"I'm just shocked," Shelltrack said. "I really thought this would all be over, and we could go on with our lives."

The current ordinance prohibits more than three people from living together unless they are related by "blood, marriage or adoption." The defeated measure would have changed the definition of a family to include unmarried couples with two or more children.

Mayor Norman McCourt declined to be interviewed but said in a statement that those who do not meet the town's definition of family could soon face eviction.

Black Jack's special counsel, Sheldon Stock, declined to say whether the city will seek to remove Loving and Shelltrack from their home.

More here: UNWED COUPLE WITH KIDS LOSE VOTE:

Mayor Norman McCourt issued this statement to explain the city's position: "The purpose of these occupancy permit laws generally is to avoid overcrowding by non-related parties, assure the lifelong maintenance of the city's housing stock, prevent new buyers from being obligated to repair residences that were not kept up to code, preserve the character of the neighborhoods and the city, and to protect the general safety and welfare of the city's residents."


May 11, 2006

Headlines

Time is limited tonight, but here are a few interesting headlines:

UNION ISN'T ONLY TOWN CONSIDERING INCENTIVES

TOWN PLANS CONTROL ON BIRD FEEDERS

TIVOLI TAKES PRIDE IN SLUDGE PLANT DESIGN

CLERKS WANT NEW ONLINE RECORDS LAW

TOWN OF CHEMUNG: TOWN VOTES TO ELIMINATE ELECTED ASSESSOR POSTS

May 10, 2006

Town of Danby

Here's an odd one: TOWN OF DANBY GROUNDS HIGHWAY SUPERINTENDENT:


The Danby Highway Superintendent won't be able to fly to work as he'd hoped.

Andrew Thurnheer's plans to fly his airplane to work were blocked when the Danby Town Board adopted a resolution Monday that prohibits excavation on Danby Highway Department properties for the purpose of building an airstrip for small aircraft.

Thurnheer, of Danby, said he wanted to fly his Flightstar Ultralight Trainer aircraft to work once he built an airstrip at the highway department, located at 93 Hornbrook Road. Thurnheer was elected to the position in November.

Town Board member Norbert Nolte said the resolution addresses concerns some residents had about Thurnheer's plans to use his plane in the capacity of work. The resolution sets “a standard by saying if you're gonna be doing things come talk to us (the town board) about it first,” Nolte said.

May 08, 2006

Feeding at the public trough . . .

TOWN DELEGATIONS LIVE HIGH IN NYC:

Each February, town officials and employees from across the state converge on Manhattan to hear the latest in municipal government, take courses, shop for consultants and compare notes with their peers.

Those who go call the annual Association of Towns conference an invaluable learning and networking opportunity. But for many, it’s also time to party in high fashion for a few nights, with much or all of their expenses covered by taxpayers back home.

This year, quite a few brought their spouses – and their Zagat restaurant guides.

Italian food, anyone? Two Woodbury officials tucked into a $150 meal at Patsy’s Italian Resaurant at 236 W. 56th St. one night – later reimbursed by the town.

How about a spectacular view of Times Square? Four conventioneers from Bethel and two from Saugerties all ordered the $65 prix fixe at The View, a revolving restaurant atop the Marquis Marriott. Their rooftop meals, covered by their towns, added up to $100 and $95 per person, respectively.

Haute cuisine was only part of the cost. While some towns in Orange, Ulster and Sullivan counties sent either no one or only a handful of representatives this year, others deployed large groups and rang up thousands of dollars in registration, hotel, meal and transportation expenses.

What’s more, some of the biggest spenders were southern Orange County commuter towns like Monroe – places close enough to New York City for conference-goers to have traveled back and forth, rather than dine out and stay in hotels. Out of 55 towns in the region, Chester – another commuter town – and Rosendale topped the list with more than $13,000 in expenditures, according to reimbursement vouchers and receipts obtained by the Times Herald-Record through the Freedom of Information Law.
The prize for dining extravagance went to Deerpark.

On the Sunday before the conference began, six officials from that town rang up a $488 bill at Etrusca’s. The next night it was $595 at Ben Benson’s Steakhouse. Tuesday, after the convention had ended for most people, the Deerpark crew charged $472 at McCormick & Schmick’s seafood restaurant.

Still, all the $40 prime ribs and $34 veal chops that conventioneers consumed paled beside what their rooms at the Sheraton, Hilton and Flatotel cost – $209 to $261 a night, in most cases. Many people stayed three nights, including the Tuesday after the lectures ended. A few stretched it to four.

May 05, 2006

Changing Name of Town

The article about the Town of Tupper Lake linked to in the post below piqued my curiosity about the process for changing a town name in New York. There is remarkably little information to be found about it, but it appears that a special act of the Legislature is required. Here's the press release from the Governor's office when he signed the bill to change Altamont's name to Tupper Lake.

May 04, 2006

Town of Wellsville

Perhaps it's because vacancies in elective offices happen infrequently that there is confusion about how they should be handled, but that's no excuse for the level of ignorance displayed in the following article, starting with the headline:

BROWN SUBMITS RESIGNATION TO TOWN BOARD

Problem: resignations by town officials must be submitted to the Town Clerk, not to the Town Board. We've discussed this issue before.

There may be an opening on the Town of Wellsville board if the resignation of Councilman Peter Brown is accepted.

Brown submitted his letter of resignation for board consideration Monday, but it is not official until the board passes it next week.

“It's not official until we act on it. You never know, we may reject it,” said Wellsville Town Supervisor James Cretekos who was instrumental in getting Brown, a Democrat, to run for the board.

Wrong. Once a resignation is submitted to the town clerk, it is effective immediately if no effective date is specified. If a date is specified then the resignation is effective on that date. Or, if the date specified is more than thirty days beyond the submission date, then the resignation is effective upon the thirtieth day. In any event, the Town Board has no authority to accept or reject a resignation.

He went on to say he expects once the board approves the resignation, the supervisor can appoint someone to fill the position until the November election.

Nope. Section 64(5) of the Town Law provides, in part "Whenever a vacancy shall occur or exist in any town office, the town board or a majority of the members thereof, may appoint a qualified person to fill the vacancy." (emphasis added).

It's possible Wellsville has adopted a local law pursuant to its home rule authority to supercede these provisions of the Town Law, but I doubt it. Time to dust off that Town Law Manual, folks.

May 03, 2006

Town of Hamburg

HAMBURG BOARD URGES BOYCOTT OF EXXON MOBIL:

The Hamburg Town Board is taking on one of the giants of the oil industry and calling for a boycott of Exxon Mobil gasoline.

The company recorded the largest corporate profit in U.S. history last year at $36 billion and its outgoing CEO received a $400 million pension package, according to a resolution sponsored by Councilwoman Kathleen C. Hochul that received a unanimous second from the other four board members Monday night.

The board said it is aware of the effects of international supply-and-demand forces, but Exxon Mobil should reduce its excess profits and reduce gasoline prices until they return to less than $2 a gallon.

The board "wishes to take a visible stand in protest of the high prices and send a message that our residents are fed up with high gas prices," Hochul said.

It directed that no town-owned vehicles use Exxon Mobil fuel and called on residents to boycott the company's gasoline as well.

The town buys gas through the state contract so the boycott would only apply if employees were traveling on town business and needed to stop for gas, Hochul said.

'Tis better to remain silent and be thought a fool, than to open your mouth and remove all doubt.

April 28, 2006

Town of New Windsor

The CAVE* people showed up en masse: HIGH-VOLTAGE LINES IGNITE CROWD'S IRE. I wonder how many in the audience live off the grid?


*Citizens Against Virtually Everthing.

April 22, 2006

Town of Peru

This saga is becoming so embarrassing, I won't supply anything more than the headline: INSURANCE WILL NOT COVER LEGAL COSTS FOR PERU SUPERVISOR.

April 21, 2006

Town of Danby

EPA ORDERS DANBY TO CLEAN GARAGE POLLUTION:

The Town of Danby may have to pay about $23,000 to update its highway garage drainage system following an order from the Environmental Protection Agency.

In response to a compliance order from the EPA, initial clean-out of the septic tank and oil separator, and disposal of non-hazardous and hazardous waste could begin within a week.

Town of Danby officials were issued the notice, dated Feb. 28, requiring the town to comply with the EPA's Underground Injection Control regulations. The EPA conducted an investigation at the highway garage on Dec. 13 as part of New York's UIC program. UIC was established under the Safe Drinking Water Act.

“The violation of the (Water Act) stems from the discharge of vehicle run-off and hand-washing water (related to vehicle maintenance) to an on-site raised sand filter bed,” according to a letter written to the EPA from Environmental Resources Management. ERM is one of the firms working with the town to address the matter; T.G. Miller PC is the other firm.
...
Beeners said the town was caught off-guard by the situation because the health department approved the highway department's septic system to include floor drains in 1990. She said town officials didn't know that the state began to enforce UIC regulations in 1994.

According to ERM, the vehicle runoff and hand-wash water are discharged through a series of floor drains and one sink drain, through underground piping. All of the floor drains have been temporarily closed using temporary water-tight seals. The drains will remain plugged until an appropriate method of wastewater treatment is identified and use of the shop sink has been discontinued.

April 20, 2006

Town of Hornellsville

TOWN APPOINTS JUSTICE:

Nearly a month after Fran Libordi resigned as Hornellsville town justice, the town board has appointed his replacement.

The town board appointed Ellen Gendreau - who also serves as Dansville town justice - at its board meeting last week. The matter was discussed in executive session, then approved in regular session contingent on approval from the Dansville town board. That approval came last Thursday.
...
The town delayed the announcement as it checked to see if that would be allowed by Dansville, Isaman said, as well as the state court administration office.

“We wanted to get permission from the Dansville board,” he said, “and, Howard made some calls to the judicial hierarchy to make sure everything was going to be OK.”

The legality of the appointment was confirmed by Mai Yee, state Office of Court Administration assistant director of communications.*

“In the absence of there being a judge, the town can make an appointment to serve for an interim basis - it's not a permanent appointment - and both towns have to pass a resolution to allow it,” she said.

April 19, 2006

Town of Barrington

HISTORIAN RESIGNS OVER CONDOS:

The proposal to build luxury condos along East Lake Road has prompted the town historian to resign.

Steve Knapp submitted an e-mail letter of resignation to town board members, who received it after last Wednesday’s regular meeting.

Knapp had begun organizing opposition to the project while still historian but decided he should do it as a private citizen instead to avoid causing legal problems for the board.

“I believe this is necessary to allow me freedom to freely advocate and organize opposition to the Sturdevent Road Project. Ironically, up until now, I have seen this opposition as an annual expression of my concern for historic preservation within the town.

“It has been brought to my attention, however, that to advocate and even organize such opposition as town historian may subject the town board to legal jeopardy beyond which it already faces,” Knapp wrote in his resignation.

He offered to help whoever is named to the unpaid job and would consider reappointment “after this particular storm passes.”

The main reason for posting this article is just to point out that the resignation of a town officer must be made by a writing delivered to the Town Clerk in her office, not to the Town Board, and not by e-mail. The relevant statute- Section 31 of the Public Officer's Law- provides, in part:

1. Public officers may resign their offices as follows:
...
g. Every town officer, to the town clerk;
...

2. Every resignation shall be in writing addressed to the officer or body to whom it is made.
...

3. A resignation addressed to an officer shall be delivered to him at his place of business or filed in his office.

April 06, 2006

Town of Genesee

This is an interesting article about an interesting character. Meet Supervisor Luther Brown, 80, recently retired:

“Well I’m pretty old,” Brown said when contacted about why he resigned. “And that job is a pain in the ... The last people who have had it turned it into nothin’ but paper work, pay bills and play on the computer. The supervisor ought to be taking care of the town, not doing the paperwork. That’s what the clerk is for.”

April 04, 2006

Town of Owego

UNPOPULAR PIPELINE: SOME LAND OWNERS WANT NO PART OF IT:

A proposed 9.5-mile natural gas pipeline that would run underneath the Susquehanna River, through private properties and a wetlands preserve has triggered objections from land owners and concerns from environmentalists.

The $15 million to $20 million pipeline, proposed by Central New York Oil and Gas, would start at the Stagecoach Natural Gas Storage Facility on Robinson Road in the Town of Owego and travel underground to the planned Millennium Pipeline near McLean Road, also in the town.

The pipeline, 24 inches in diameter, would add infrastructure that will help meet the increased demand for natural gas in the Northeast, said Barry Cigich, director of storage operations for CNYOG.

His company has approached private land owners in recent months, hoping to obtain right-of-way contracts.

Charles and Beatrice Struppler, who own 1.1 acres on Route 17C, refused to sign a contract.

"It's going to kill the property," Charles Struppler said. "You won't be able to build anything."

This is slightly off-topic, but the contrast between the headline and the substance here is stark: two familes opposing a project doesn't render it "unpopular", particularly when you don't know how many others support it. The article doesn't even discuss that possibility, except to relay the following:

Cigich said a "significant" number of property owners have signed right-of-way easements, but he was unable to provide a number.
Taking Mr. Cigich at his word, you have "several" supporting the project versus two opposing. Sounds like it's either a push or perhaps even a "popular" project to me.