Mrs. May’s Recusal Research – The Lawyers Fees

FOIA Opinion on Legality of Expenditure to research Term of Office

There are a few points that need consideration. 

First, does not the public have the right to hear the merit and demerits of a change in the highway superintendent's term of office?  Why are the two Democrats on the town board so opposed that they would not even want the town board members to be informed on the process?  Why shouldn't we the voters have the opportunity to vote on the issue?

Second, as to the posture taken by the two Democrats on town spending; need we be reminded of the more than $4,000 spent at the insistence of Mrs. May to require that the Four Hogs BBQ guys pay $100 a year for a permit to operate their barbecue in Milan?  Have we forgotten the tens of thousands of dollars we have wasted on lawsuits because of Mr. Williams's social engineering?  Now add the $1,190 wasted because of Mrs. May's refusal to do the right thing - recuse herself.  But maybe Mr. Williams is not concerned with the waste of another $1,190; after all, according to him, we ended 2008 with over $250,000.

If you are wondering why all of this is going on, we suggest you turn your calendar to November 3, 2009: that is Election Day and Mr. Williams's and Mrs. May's campaigns have begun.    

_______________________________________

March 9, 2009

Town Board Meeting Summary

The meeting commenced with the Pledge of Allegiance before the meeting was opened up for public comment. A fair amount of local residents were present.

Although never having been at the Town Hall meeting before, a citizen recently moved to Milan rose and requested that the bickering in the Town should stop.

Zoning Board Chairman, Jack Grumet reported on the current used car situation at Milan Market that would prevent any discussion for proceeding on Mr. Lou Abadi’s request to change zoning uses on his property in the hamlet zone area.  Attorney for Mr. Abadi, Karen Hagstrom, stated that one of the automobiles Mr. Grumet cited belonged to her.

Rocky Mancini, long time resident and zoning board member, appreciated the fact that the Milan Board has curbed the amount of laws passed for the year 2008. He spoke of financial problems and all the restrictions the county was making by creating one frivolous law after another.

George Carrothers, spoke of the Milan Market and the requirement to close off the entrance to 199. He mentioned that the town in the past has not been business friendly and that we need to do everything to create jobs in this town.

Bill May changed the topic by discussing the town finances. He suggested that the supervisor look at the 2006 financial records in a large black binder. He continued that the 2008 year-end financial document has not been submitted on time and that an addendum to the 2006 financial report referenced at a previous workshop is the same as an AUD.  The Supervisor responded that he is using as a model the same 2006 report praised by minority board members Diane May and Ross Williams for compiling his 2008 document.
Mr. May retorted that he must have missed that workshop. Mr. Barrett though it possible since his wife Diane also missed most of the budget meetings in 2008. Mr. May further criticized the board majority spending unbudgeted funds to pay for a website in addition to using allocation in the attorney line to pay for legal expenses to increase the term of the highway superintendent from 2-4 years.

Former Supervisor and current planning board member Jim Jeffreys spoke about the benefits a four–year term would provide to our town and also questioned the wisdom of the previous board spending $4000 on a vending law adopted in 2007 which to-date has seen only one license issued.

Paul Doherty informed the board that the availability for road sand was depleted in the area, and only Rock City Sand and Gravel had any remaining. He mentioned how damaging salt can be on our roadways and asked the board to consider the benefit to the county that the gravel mine would provide as opposed to a potential 28-lot housing development.

Council Egan recognized former board member, environmentalist and Milan resident Russ Balletto, who passed away the week before after a long illness.

Diane May reminded the audience that a special election for the District 20 Seat vacated by Kristin Gillibrand was to take place on March 31st between 6am and 9pm.

Penny Johnson, Tax collector provided the February tax report. $1,948,227.22 has been collected to date.
The minutes from 1/12, 1/26, 2/09 and 2/17 meetings were accepted.

The Supervisor read a letter from District Attorney William Grady in response to a request for assistance in prosecution of vehicular traffic violations for the town. Mr. Grady offered to designate an attorney for the task. This correspondence was immediately followed by a motion to appoint Kelly Flood Meyers as town prosecutor for 2009 at the rate of $125 per hour. The motion carried 3-2, after discussion of the merits and potential expense. The fee would initially be paid out of the attorney 1420.4 lines, then from fines and forfeitures.

Additional correspondence included a report from Town Planners Paggi, Martin & Del Bene on the Salisbury Bridge deterioration, County mortgage tax revenue report, Red Hook DEIS and Pine Plains DEIS. A letter from the County Budget office outlined the shortfalls they’ve experienced in their 2008 projections - a 1.1% decline or $1.4 million. Year-to-date, the county sales tax revenue is down 7.6%. Mortgage tax revenues were down 33% in 2008, and 51% in 2009 compared to the same time last year. Mr. Williams responded by saying that the Town of Milan sales tax revenue exceeded expectations in 2008 and felt that the 20% reduction made in the 2009 budget for sales tax was sufficient.

The financial reports for January and February were discussed. Errors identified by the board were made note of by the supervisor for revision.  Diane May questioned a credit due from town attorneys, Gellert and Klein. It was noted that Ms. May overlooked the $420 credit when she signed her approval on the vouchers.
Diane May itemized the list of financial reports that have yet to be approved by the board. She made a lengthy motion demanding deadlines along with a series of scheduled meetings to review. The motion was defeated, 3-2.

Ross Williams wanted to add 2008 parcel reimbursement to the list of financial deliverables and wondered if the interest had been brought up to date.

In order to keep the attorney expense to a minimum, the financial reporting was interrupted to discuss a series of resolutions regarding easements, letter of credit, and insurance liability procedures for the Pasture Rock subdivision. All motions passed.

The highway right-of-way work permit application for utilities was handed off to the attorney for review as was information regarding the term of office for the highway superintendent.

David Groth asked the board to consider adding WKZE to the cell in order to provide additional signal strength for area towns. The tower revenue would generate $400 per month and commence on April 9th.
Back to the finances.

Service charges were questioned; interest on Wilcox income was discussed, as was a transfer of $3,580.02 made from Trust and Agency to the General Fund. A series of motions were made directing the Supervisor to finalize reports by specified dates and times. The motions were defeated 3-2.
A motion by the board to authorize the payment of utility bills in advance of board approval was unanimously passed.

A motion was made to appoint Van de Water and Van de Water as special counsel for continuing legal matters for the appeal being handled by the Attorney General’s office in the matter of Red Wing v. Milan conditioned on Resolution #66-08 which states that the town will continue to move forward with this appeal given continued public financial support for it, and that the town agrees to account for and return any monies not utilized in this appeal effort. The motion carried 3-2 after a lengthy discussion and political accusations. Mr. Williams felt that the town’s cash balances from 2008 are about $280,000 and felt that the town has ample funds to pay for any expenses this appeal may cost. Ms. Egan, Mr. Byrne and Mr. Barrett felt that the promise of ample funds forthcoming by citizens groups was made based upon approval of the appeal with no deadline for expiration at the end of any calendar year; that there are not sufficient funds in the attorney line for the appeal in a very lean 2009 budget year, and that the accusation of being pro-mining is unfounded.

Ross Williams provided an additional motion to refund the Milan Concerns Donation made in 2008 to cover costs incurred for the appeal and maintains that the Town of Milan has a surplus in its General Fund operations for 2008 approaching 250,000. In a show of confidence, he stated he would sign his name next to this amount. (Note: Any appropriation including the 1420.4 attorney line cannot be increased until all revenue projections are met) This motion failed, 2-3.

A motion was made to waive the Bill May foil request fee for electronic files. The motion carried unanimously.

A motion made by Council May and seconded by Council Williams to appoint Gellert & Klein as attorneys to the Town, ZBA and Planning Boards was defeated, with May and Williams abstaining. It is not clear why the authors of this resolution abstained from voting on their own motion.

The Notice Law, in discussion since November 2008, was tabled for the April board meeting, pending a 45-day review and recommendation by the Planning board.

Mr. Williams made a motion to take the Milan Market off the agenda. Ms. Egan objected, stating that Mr. Abadi and his attorney had been waiting patiently all evening and that it was not the time to remove them from the agenda.

After further discussion, the Supervisor moved the question pertaining to the agenda removal proposed by Council Williams for Milan Market. Ms. Egan seconded the motion and the debate ended. The motion to move the question carried 3-2. The motion to remove Milan Market from the agenda was defeated 3-2.
Mr. Abadi provided an explanation for the remaining unlicensed vehicles on his property, a cause for non-compliance. The discussion proceeded on how to go forward, and it was agreed to document procedures in writing to foster better communication.

A motion to table the Milan Market zoning issue until all requirements have been met and documented in writing by the Building Inspector was unanimously approved. It was determined that the zoning chair and building inspector would make a site visit to outline what needed to be done so that the project could proceed.

The board unanimously approved a motion made by the supervisor to authorize payment in the amount of $29,432.90 for interest due on the machinery acquisition serial bond.

The highway agenda moved through at a rapid pace. Motions to relocate a barrier gate at the transfer station; to delete OSHA from the heading in 9080.8DA; to send three highway employees to required tanker endorsement training; to transfer $60 from 5030.4DA to 9080.8DA to pay for the training, were all unanimously approved.

A motion to establish a standard workday was made based on a sample resolution provided by the NY State retirement system. The established hours applied to the highway superintendent, town clerk and assessor chairman. Council May sought to amend the resolution to include a requirement for a yearly update at the annual reorganization meeting. The entire resolution and amendment were withdrawn and remade into one final resolution that was approved 5-0. It was mentioned that this retirement plan needed to be posted on the town website for a period of 30 days.

Council Dave Byrne elaborated on a service project being held at the Rec Park on March 28, 2009. The project included preparing the ball field for the upcoming baseball season. There are flyers available in the Town Hall-all are welcome.  He also shared the results of his AHMP meeting regarding procedures, workshops and meetings required to establish an emergency response plan for the town.

The vouchers were signed and all but one was approved for payment. In spite of the fact that the planning board authorized an escrow account refund in January to Rocky Mancini, Diane May managed to prevent its payment for one reason or another. The voucher was approved by the board for payment at this time, and included an attached balance statement. However, Ms. May maintained that the bill could not be paid, as it was not entered into the February financial report. It was entered in the January report when the voucher was established.

This last bit of obstructionism concluded the evening and the meeting adjourned around 11:00 pm.

__________________________________________________________________

We Think They

Dost Protest Too Much

            Last month the town Democratic Committee sent out a letter that started “The anonymous letter singling out Councilman Byrne may have been written by someone who is very upset with the Town Board members who appear to be trying to stifle those who oppose the Republican agenda.” What a wishy-washy sentence!  

The anonymous letter the Democratic Committee is referring to is one that was posted on their website.  Is it possible that the letter was snuck on their site without their knowledge and approval?  We doubt it.

            As to anonymity, Ms. Buff, the webmeister of the Democratic website, admitted under questioning that the anonymous individual was in fact a Vietnam veteran.  That narrows the field; it certainly indicates that the Democratic Committee knew who wrote the letter before it was issued.  If the anonymous letter was truly anonymous and unconnected to them, why did the Democratic Committee feel it needed to pay $700 or $800 to print and mail a letter? 

            The letter goes on to say: “We don’t support demeaning anyone who has honorably served in our military.”  Does that apply to Mrs. May, who reportedly told Mr. Byrne at the end of town board meeting that she was sorry her tax dollars were spent for his education [at West Point]and that she doesn’t respect and that he was "...a disgrace to West Point." (Ironically, of the 5 town board members Mr. Byrne has been the one most willing to listen to and at time vote with the minority.  It just goes to show that the old saying is right: No good deed goes unpunished.)  And we are struck by the failure of Mr. Williams to condemn these personal invectives.  His silence speaks volumes.

            This all goes back to the town board instituting a rule allowing a majority vote to suspend debate and hold a vote, and that was brought on by the minority’s delaying and obfuscating tactics.  Town board meetings should not last 5 hours, and they should not be dominated by redundancy.  It is enough to hear the argument stated once, not repeated multiple times.  That was the purpose of the motion and that was the cause of the personal attacks by “Anonymous” and Mrs. May.  Anyone who has attended the town board meetings would much prefer to listen to a dog barking through the night.

            The Democratic Committee letter contained a two-page letter signed by Mr. Williams and Mrs. May to the Comptroller’s Office, outlining a series of alleged budgetary and accounting mistakes made by the supervisor.  No supporting documents were provided, but these charges are serious and should be answered.  However, we note that similar documented charges were made during Mr. Talmage’s two terms, but these were ignored by the same leadership.  Nonetheless, the public deserves to know the merits of the claims.

__________________________________________________________

            Mrs. Irene Wilcox, who paid for the construction of the town hall, set up a trust in her will for its maintenance.  Her specific bequest reads:

“I direct my said trustee to hold, control, manage, invest and reinvest, and to keep the same invested, and collect the income and other profits therefrom, and to pay the income therefrom quarterly to the said Town of Milan to be used for the maintenance and upkeep of the Town Hall and property.”

That trust has provided funds for the past 30 or so years to help under right the costs associated with the property.  But now the fund is in serious trouble.

First is its decline in asset value over the past year.

As of December 31, 2007, it had a balance of $684,145.26

As of December 31, 2008, it had a balance of $498,253.79

                               A decline of  $185,891.47 or 27 %!

The Wilcox fund declined by $70,160.60 in just the last quarter of 2008.

A large part of the decline is due to investment losses, but there is a second reason that is most disturbing.  According to the Bank of New York Mellon (BNY), they claim they are required to distribute at least 5 percent of the value of the fund, regardless of the amount earned.  When the earnings are less than 5 percent, BNY makes up the difference by selling principal and including it as part of the town’s payments.  This is, of course, contrary to the terms of the will, but that does not really matter.  Taking the last quarterly statement that the town received, we find that BNY took $15,574.63 from principal.  It had earnings of $3,965.29.  BNY paid the town $8,500.00 and itself $5,612.20.  The remainder stayed with BNY as cash.  Thus, the $8,500 paid the town contained at least $4,534.71.  Put another way, BNY did not earn enough to pay its own fees, let alone the town.

            Ever since 2004, some residents have argued that the town should not be spending any of the returned principal; that is a violation of the terms of the will.  However the previous town board saw the money as freely available to spend, and they have done so without regard for Mrs. Wilcox’s wishes or the impact on the principal.  If the BNY sticks by its 5 percent rule, the town will receive less this year than it budgeted.  Will it then dip into the small amount remaining in the Wilcox Expendable Trust, most of which is principal.  We fear so.

            We think it is time that the town board acts to move the remaining Wilcox Trust from BNY and locate it locally, where the town board can have more oversight.  We also think it is time that the town board honor the intent of the bequest, before all that is left is the name.

_________________________________

Summary of the Special Town Board Meeting

February 17, 2009

Present: B. Egan, D. Byrne, D. May. R. Williams

Absent: R. Barrett, Supervisor

B. Egan chaired the meeting.

The meeting opened at 7:30 p.m. and almost immediately Mrs. May requested that the Payroll issue be put on the agenda for the February 23 meeting.

Appraiser for the Durst Tax Certiorari Case

            Chief Assessor Scott Hobson reviewed the names and qualifications of the top three candidates for independent appraiser, as determined by him and the attorney on the case, Scott Volkman.  Mr. Williams stated that he was very disappointed with Mr. Volkman and that he expected him to have a recommendation.  Mr. Hobson said that Mr. Volkman did have a recommendation and proceeded to evaluate the three firms.  After some discussion, the town board selected Empire State Appraisers at an estimated cost of $18,000, plus any trial costs.  There was some urgency to making this decision, because the town has a court appearance set for February 24. 

FOIA Appeal of Mr. William May

            Mr. May filed a FOIA for town financial records for 2008.  He requested them in electronic form.  His appeal was based on his contention that the town clerk failed to provide the records within the time limits specified by law. 

            Ms Egan asked Mrs. May if she was going to recuse herself, and she answered that before she did that she had something to say.  She wanted to know who had requested an opinion from the town board attorney stating that she was obligated to recuse herself.  Ms Egan said that it was Supervisor Barrett.  After some additional comments, she left the table and took a seat in the audience.

            Ms Egan then made a motion affirming Mr. May’s appeal, which was seconded by Mr. Byrne.  Mr. Williams presented the case for Mr. May, stating, in summary, that although the records were provided within the time required, because Mr. May was not furnished with all of the passwords, he was constructively denied the documents within the time frames required by law.   He made clear on several occasion that it was his opinion that the failure to alleged failure to provide passwords was not an attempt to deny Mr. May access.  Ms Egan and Mr. Byrne took the position that the time requirements for delivery of the documents had been met, and if there had been a problem with opening the files, that problem could have been resolved without recourse to an appeal.  Mr. Byrne pointed out that the motion setting up this appeal had provided for an opportunity for resolution but none occurred.  Town Clerk Gill stated that she had called the Committee on Open Government and explained to their attorney the steps and actions she had taken and the time frames for these, and they had opined that she had met the requirements of the Open Meeting Law.  After more repetitive discussion the town board voted no on the motion: 1 in favor, 1 against, and 1 abstention.

            Mrs. May returned to the table and stated that she, as a town board member,  wanted a copy of all of the 2008 QuickBooks records by 2 p.m. tomorrow without password.  [We are not certain to whom Mrs. May was addressing her demand.  The other town board members have no power to fulfill her request, nor does the town clerk.  The only one who could provide the records she demands is the town supervisor, and as Mrs. May was informed, he is out of town for the week.]

Continuing Litigation

Mr. Williams moved that Van de Water and Van de Water be appointed as special counsel for the McCullough lawsuits and for Red Wing DEC mining permit application.  Approved.  These cases are currently being handled by the town’s insurance carrier.

Mr. Williams made another motion to appoint Van de Water and Van de Water as special counsel for the town’s appeal of the New York State Supreme Court decision in the Red Wing case.  Ms. Egan attempted to amend this motion by adding a phrase stating that any costs incurred would be paid from public contributions, per an agreement with Mr. Jeffway, but this was defeated as was the main motion.  This case is being currently handled by the New York State Attorney General’s Office.

Meeting ended 9:40 p.m.

________________________________________________________________

A Motion to Move the Question

            At the regular meeting of the town board in January Ms. Egan made a motion, seconded by Mr. Byrne, to require a majority vote to close debate on a motion or an amendment to a motion.   Such motion is not debatable.  To hear it told, you would think that the majority had sullied Lady Liberty.

            First, let’s understand what prompted the town board majority to make and pass this motion, which, by the way, was debatable.  It was clear from the actions and statements of Mr. Williams and Mrs. May at the reorganization meeting that despite their protests to the contrary, they have no intention of working with the town board’s elected majority to resolve issues facing the town.  At the reorganization meeting they made and seconded repeated motions to amend, knowing full well that they did not have the three votes to necessary for passage.  When confronted, they freely acknowledged that their objective was to delay action, disrupt decision making and thwart the majority (see our summary of the reorganization meeting). 

            The second point that bears mentioning is that despite all the caterwauling about the illegality of the motion from the self-proclaimed east side constitutional experts, what the majority of the town board did is perfectly legal; the town board has the power by absolute majority vote to set its own rules of procedure.  Section 63 of Town Law reads, in part: “The board may determine the rule of its procedure . . ..”  Roberts Rules are not automatically the official rules of governing bodies. The U. S. Senate requires a 60 percent vote of the total members to invoke cloture; in the U. S. House of Representatives just a majority vote will stop debate and the Speaker has the power to call for that vote.  If these legislative bodies can manage to operate on less than a 67 percent vote requirement, with far more weighty issues than we face.  Why should our town board, particularly when faced with the obvious and admitted dilatory practices of Mr. Williams and Mrs. May?  And why should the town board be required to hold to super majority vote (80 percent) when other governments require far less?  We hold no illusion that Mr. Williams, who barred Republicans from volunteering for town service when he was in the majority, would have acted differently were he still in the majority.  And the same holds for his partner in partisanship.

            To be sure, we support the right of every town board member to freely explore issues at a town board meeting, if that exploration is constructive, and we strongly urge the majority to use restraint in the application of the rule.  The key word is constructive.  It is not constructive, nor does it serve the public interest to delay decisions once positions and opinions have been expressed, repeat ad nauseum arguments, engage in  mean-spirited personal attacks, or seek to the obfuscate the positions and views of others.

The town board’s minority members have a right to speak, but not to disrupt.  The filibuster has no home in town governance. 

Mr. Williams and Mrs. May have forgotten, if they ever understood and accepted, that they are in the minority because the voters rejected them and their policies in the last election.  We are struck by the intolerance shown by Mr. Williams and Mrs. May to the views of other members of the town.  It is as if every idea must come from the two “Democrats” to have any merit.  When one is in the minority, the object is to persuade, not castigate, that is, if one wishes to have ones motions enacted.  Persuasion is absent, and the minority’s governing rule seems to be: it’s our way or no way.  That is a sad commentary.  President Lincoln made the same point in 1861 in an infinitely more serious situation when hr wrote, “We must settle this question now, whether in a free government the minority have the right to break up the government whenever it chooses.”  And whether it is breaking up or disrupting, the answer is that it does not.  It is a pity, but there seems to be far too much of Cheney and none of Obama in these “Democrats” approach to governance.

            Finally, we are bemused by the willingness of some to swallow whole and head first the minority’s malarkey, like un-ringed cormorants gorging on fish.     

__________________________________________________________

Summary of the Regular Town Board Meeting

January 12, 2009

            The meeting began at 7:30 p.m. and ended at 12:05 a.m.; the first half hour was spent on public comment; all members were present. 

After opening the meeting, the Supervisor opened the floor for public comment.  Mr. Jerry Gold said he was dismayed by the reorganization (although we can not recall Mr. Gold being present) and offered his assistance;  Mr. Barrett accepted his offer.  Mr. Tansosch asked for a financial report and said there were no financial reports for the past three months (Financial reports are not handed out at the meetings, but they are available in the town clerk’s office).  Mrs. Buff again raised the issue of postings on the website, specifically the town budget. 

Highway Superintendent recommended that a capital plan committee be formed to develop a six-year capital plan for the town.  Mr. Paul Hughes spoke, asking the town board to end partisan bickering and work together.  He pointed out that over the years the town has had hotly contested elections, but the parties have been able to work for the benefit of the town.  He urged both sides to set aside the personal attacks. 

Mr. Hughes was followed by Mr. William May, Democrat Party leader, who launched into an attack on former Supervisor Jeffreys. Mr. May said that Jeffreys had failed to fulfill his oath of office and that he had filed the AUD after he left office and that it violated the law. (As in the past, Mr. May failed to provide any proof of his accusations.) Apaprently, his real objection was to Mr. Jeffreys appointment to the Planning Board.  (NOTE: If Mr. May believes in his statements and he is not just participating in an attempt at character assassination then we expect he will take the necessary legal actions.)  Mr. George Carrothers echoed Mr. Hughes comments and urged “all of us to think what we can bring to the town that is positive."

Mr. William Gallagher spoke of Mr. Jeffreys long service to the town, and the number of individuals presently serving or who served and left of their own volition that Mr. Jeffreys supported for appointment, regardless of political party, while he was supervisor.  He named Mr. Kingman, Mr. Anagnos, Mr. Williams, Mr. Goss, Mr. Steel, Mrs. Buff, Mr. Miller, and Ms Hoffman as examples. There was no reply.

            David Groth gave a report on the recent ice storm and the emergency action taken to insure communication systems were up and running.

            At 8:00 o’clock the town board went into executive session to interview Gellert & Klein as potential town board attorney, prior to that session, they appointed the firm as town board attorneys on an interim basis.  The executive session lasted until 8:50 when the town board reconvened.

            The next order of business was to take the first legal steps to approve the establishment of a drainage district for the Pasture Rock subdivision.  After some discussion the necessary papers were approved and a public hearing set for February 9th at 7:15 p.m.

             Additional business included a motion to send a resolution (provided by Assemblyman Molinaro) urging Governor Patterson and the State Legislature to oppose the elimination of the Hudson River Greenway Council.

            Correspondence included a letter composed by resident Bill Gallagher, addressing assertions by Councilmember May, that his appointment to the town hall maintenance committee would be a conflict of interest. After outlining his many contributions to the town, he summed up by stating that he was not looking to produce job opportunities for himself.

            Supervisor Barrett discussed the financial report and the problems he was dealing with; by unanimous agreement, a workshop was scheduled for Wednesday, January 21st to review the revisions; a date was also set for Monday January 26th to work on closing the books and authorizing payment of any outstanding vouchers.

The following appointments were made by the board:

·       Morris & Associates, Town Planner for a fee of $98.00 per hour.

·       Amended: Gellert and Klein, as attorney to the town board, planning and zoning boards on an interim, month-to-month basis at the rate of $140.00 per hour.

·       Teresa DeFrancesco, as bookkeeper, at the rate of $25.00 per hr for up to 21 hours per week for 2009

·       Hudson Valley Resources Group to provide payroll services at the rate of $250.00/mo.

·       To accept information technology services for the Town of Milan at the hourly rate of $85.00 for the fiscal year 2009.

·       Malleolo Associates, to manage the Town of Milan’s medical insurance plan at no cost.

·       Richard Barrett, to the highway planning committee

Ms. May also made a motion to add Mr. Gold to the highway committee. (Although, unlike any other appointee his application was not provided to the board, as required) the board appointed him to the highway committee.

            A brief discussion was held regarding the creation of a utility work permit policy, outlining the procedures and requirements for utility and communications companies prepared by Highway Supt. Glenn Butler. The board will submit their ideas and comments to Glenn to be reviewed at the next regular town board meeting.

            The board was updated by the supervisor on drainage issues on Mitchell Lane, the Durst Tax certiorari and the escrow account balances.

            The board accepted committee reports that were submitted.

            Supervisor Barrett read a 2004 resolution that authorized him to contract for web services and development. Several bids were received. No action on hiring or appointment was made.

The All Hazards Mitigation Plan contract was approved and accepted.

            A brief discussion was held regarding several Morehouse Lane resident’s request for a zoning reversal. Mr. Williams outlined a timeline for passing the notice law referenced above and dealing with this zoning change afterwards, so they might avoid higher notification fees. Their properties were zoned highway business and changed to A3A in 2004. Notification was only required to be posted in the newspaper, so the residents were unaware of the zoning change until late last year, when a neighbor sought to expand his commercial business and discovered that he was no longer in the highway business zone requiring a variance expand his business. A solution to this is still being researched.

            The last action taken before adjourning was a motion by Ms. Egan, seconded by Mr. Byrne to require a majority vote to close debate on a motion. Ms Egan said that this motion was necessary in order to keep the meetings moving forward and to curb excessive debate.  She further stated that the town board has the power to establish its own rules. Ms. May stated that Robert’s Rules were in force (NOTE: Boards have the authority to set their own rules.).

The meeting was finally adjourned at 12:05am.

_______________________________________________________________________

TOP STORIES                                                                                    01/09/2009

Milan Town Board holds reorganization meeting

By: Susan Macura

MILAN - The Milan Town Board held its annual reorganization meeting on Dec. 30. All members were present.

Salary schedules

The salaries for elected officials are as follows:

Town board members - $4,000 each

Town supervisor - $14,000

Highway superintendent - $51,300

Town clerk - $22,351

Assessor chair - $14,523

Assessors - $6,386 each

Town justices - $14,453 each

Tax collector - $3,915

The motion to approve these salaries passed 5-0.

Supervisor Richard Barrett made a motion to set the basic hourly rate at $13.88 per hour. This motion passed 5-0.

Appointments

Councilman Ross Williams said that people in Milan have requested that the members of the town board act in a bipartisan manner to benefit the Town of Milan. He added that he felt he and Councilwoman Diane May have done so, particularly during the budget process.

Williams said, "I would like the public to know that there has been no discussion with the minority board members, Diane May and me, regarding the appointments to be considered at this meeting including those that involve us directly. You will also find that there are a number of positions for which this board is unprepared to make 2009 appointments because they just didn't get their homework done."

At the board meeting in December Williams said he introduced a resolution to obtain quotes from attorneys and planners because he felt that the people in those positions were charging the town too much for their services. He said that despite the board's position that such quotes be received by Dec. 19 that no interviews had been set up for these positions.

Williams added, "I have never seen a board going into a new year without having appointed in a timely manner its legal and planning support for the year. The quotes that we have received have the potential to save Milan a good deal of money in 2009."

He went on to discuss how his proposal to effectuate three bipartisan committees was defeated. "People are now proposed to be appointed to committees arbitrarily, without bipartisan participation. There was no community outreach, and at least from Diane's perspective and mine, there was no contact with respect to our participation on those committees. I wanted to provide that backdrop for the public's information and understanding as the business of this meeting continues ... We have been denied voice in this process. We respond accordingly. Let's proceed."

Barrett responded. "I think your statement is nonsense but we'll proceed."

Councilman David Byrne pointed out that a number of Democrats had been approached to serve on some of these committees so Williams' claims are unfair.

Employee appointments

Barrett read the following appointments into the record:

Darlene Palmatier as deputy town clerk at a salary of $13.88 to serve at the pleasure of the town clerk

Catherine Gill as registrar of vital statistics at no salary and Darlene Palmatier as sub-registrar of vital statistics at no salary

Gillian Brundrett as clerk for Justice Kenneth Kremenick serving at the hourly rate of $13.88 serving at the pleasure of Kremenick and the town board

Ursula Plock serving as clerk for Justice Francis Christensen at the annual salary of $23,240 serving at the pleasure of Christensen and the town board

James Reilly as dog control officer at the annual salary of $3,040 serving at the pleasure of the town board

Donald Smith as code enforcement officer serving at the annual salary of $18,750 serving at the pleasure of the town board (It was noted that he was informed of the cut in salary.)

Deborah Fraenkel as tax assessor clerk at the hourly rate of $18.20 serving at the pleasure of the assessor chair and the town board

Karen Buechele as secretary to the zoning and planning boards at the annual salary of $35,350 serving at the pleasure of the town board

William Mansfield as the custodian of the Wilcox Memorial Hall and its grounds at the annual salary of $8,858 serving at the pleasure of the town board

The motion to appoint these positions passed 5-0.

Highway pay rate

Barrett made a motion to set the hourly rate for full time highway employees at $21.24 per hour, foreman at $21.75 and probationary, substitutes and temporary workers at $13.88.

This motion passed 5-0.

Other positions

Barrett read the following salaries into the record:

ZBA chair - $800

ZBA member - $300 each

Planning Board chair - $1,000

Planning Board member - $300 each

Chair Grievance Committee - $300

Member Grievance Committee - $175

Recreation chair - $300

Recreation vice chair - $200

Recreation member - no salary

Historian - no salary

This motion passed 5-0.

Board and committee appointments

Williams pointed out that the board was seeking to form a number of new committees and questioned whether those boards had in fact been properly established. He wanted to make sure they were before they were staffed and that no action be taken at this meeting until they are.

May seconded the motion. This motion failed 2-3 with Barrett, Egan and Byrne voting in the negative.

Williams asked what the difference is between some of the committees being formed and ones under the supervisor's appointments. After a lengthy discussion it was agreed that the record does not reflect a decision distinguishing between the supervisor's committees and the board's committees.

A number of resolutions were then introduced by Williams and May concerning committees and appointments to them that all failed by votes of 2-3. Barrett, Egan and Byrne voted in the negative on each.

Barrett made a motion that upon completion of these appointments he would initiate a scoping range statement for each of these committees and send them to the board for each one's review and comment as quickly as possible. This motion passed 3-1 with May in the negative and Williams abstaining.

Motions to establish certain committees passed as well as the appointment of members to them.

Re-appointments

Byrne made a motion to appoint Robert Bard as chair of the Conservation Advisory Council. This motion passed 5-0.

Barrett made a motion to appoint James Jeffries to the planning board for a term of seven years.

Williams termed this "an affront to the board, an affront to the town."

May said, "I think it is not a wise choice. This is a man who in my opinion did not fulfill his obligations as supervisor and to put him on something as important as the Milan Planning Board is an absolute mistake."

Williams added, "This is a guy that almost sold the town down the river and you're going to put him on the planning board."

Egan disagreed. "I think Jim would be an asset to the planning board." She cited his 12 years as supervisor and his knowledge of planning and zoning laws. She concluded by saying he would provide a balance to that board.

This motion passed 3-2 with May and Williams voting in the negative.

All other reappointments were passed with three votes with Williams and May abstaining.

Outside professional appointments

Barrett made a motion to appoint Hudson Valley Resources to provide payroll services at a cost of $250 per month plus $20 for mailing. He noted that this group is an offshoot of Pattison & Koskey, the firm the town has used prior to Hudson Valley.

May said it was her understanding that the bookkeeper's salary had been adjusted up because she was going to do payroll.

Barrett said the bookkeeper has to transition to new software first. He said her salary and hours could be adjusted accordingly if they used outside services for payroll for the year. This was tabled for further discussion and research.

The town engineers were reappointed unanimously.

Merchants & Traders Bank was unanimously appointed official town bank with Egan and Barrett as signatories.

The Poughkeepsie Journal was unanimously appointed the official newspaper with the Kingston Freeman and Taconic Press as alternates when determined by the town clerk.

Other business

Board meetings were scheduled for the second Monday of the month to commence at 7:30 p.m. at the town hall. The annual accounting will be done on Monday, Jan. 12, at 7 p.m. at town hall.

A motion to set mileage reimbursement at 45 cents per mile subject to modification throughout the year as appropriate passed 5-0.

The next town board meeting will be held on Monday, Jan. 12, at 7:30 p.m. with the annual accounting to be held at 7 p.m. at the town hall.

©The Register Herald 2009

___________________________________________________________________

TOP STORIES                                                                                    01/09/2009

 Milan Town Board holds special year-end meeting

By: Susan Macura

MILAN - The Town Board held a special end-of-year meeting on Dec. 30. All members were present.

Department annual reports

Supervisor Richard Barrett read the tax collector's report. The tax collector collected $1,987,414.51 and paid $887,323.57 to the supervisor plus penalties of $6,924.11, $328 went to pay shipping and handling fees while $1,099.888.94 was paid to the commissioner of finance. The tax collector reports no cash on hand in that account. The board accepted that report by a vote of 5-0.

Barrett reported that the zoning board of appeals has submitted a year-end report consisting of a monthly activity sheet and a statement on fees collected. This year- end report was accepted by a vote of 5-0.

Barrett said that the planning board had submitted a similar report consisting of a monthly activities statement accompanied by a schedule of fees collected. This report was also accepted by a vote of 5-0.

Barrett reported that the building department submitted its annual report indicating that 43 permits had been issued last year with revenues to that department of $8,676.32. He added that the department also submitted a log of permits. The board accepted this report by a vote of 5-0.

Barrett read the year-end report by the assessor's office into the record due to its brevity. The assessor Scott Hobson reported that the office had reconciled all matters before it, that there is only one certiorari matter before it concerning the Carvel development and that no small claims matters had been filed in 2008. The board accepted this report by a 5-0 vote.

Town Justice Francis G. Christensen presented the board with copies of the Justice Court's year-end report. The report cited the matters begun and closed during the calendar year resulting in total revenues of $410,055 with $287,454 going to the town.

Christensen pointed out that because this report is due prior to the end of the year it is not a true and accurate report of the court activity.

Christensen pointed out in this report that the town has the following unexpended funds from grants received by the court that must be expended on the following activities:

2009 Jury Box - $6,032

2008 Miscellaneous equipment and construction - $9,053.75

2007 Copier/FAX/e-mail machine and assorted supplies - $287

The board agreed to accept this report by a vote of 5-0.

Highway Superintendent Glenn Butler submitted the end-of-year report for the highway department listing the work done by his department throughout the year.

Barrett noted that Butler did all of this work with four people. Barrett added, "It should be noted that the Town of Milan has the lowest cost per mile for road maintenance in Dutchess County."

The motion to accept Butler's report passed 5-0.

Town Clerk Catherine Gill filed the year-end report for her office.

Barrett noted that he was not going to read the entire 11-page report but noted that total revenues for this department were $6,346.50 with $2,489 remaining in the town. The board accepted this report 5-0.

Councilwoman Diane May asked if the board would be receiving year-end reports from other committees including recreation, history, CAC, ethics, energy and the Wilcox Fund. She noted that in prior years such reports had been submitted.

Barrett asked if the board was interested in receiving such reports.

May indicated she was. She made a motion directing the town clerk to send out notices to these parties as well as the dog officer requiring them to submit their reports on their respective activities by the Jan. 12 meeting.

This passed 5-0.


Budget transfers

Barrett said the board needed to approve expenditures of $5,031.25 for the recent storm cleanup and that transfers have to be made to pay those bills. He added that the total estimated cost to the town is approximately $93,000.

Barrett said the paperwork has been submitted to Dutchess County for possible reimbursement from either SEMO or FEMA. He said that the northern part of the county had been declared a disaster by the governor but he was not sure yet whether the town meets the threshold for disaster relief from the government.

May pointed out that the town hall is an emergency center.

Barrett pointed out that two people did use it as an emergency shelter during the recent storm and that Central Hudson brought dry ice to the town hall for distribution. Barrett said that one of the reasons a back-up generator was installed several years ago was to provide for this service.

Councilwoman Roberta Egan thanked town clerk Cathy Gill for coming down to the town hall to let the Red Cross in as well as the Red Cross and Central Hudson for all of their assistance.

A motion was made to approve transfers as read into the record to pay the initial bills for the storm cleanup. This passed 5-0.

Councilman David Byrne asked Butler how he found contractors in state of emergency situations to help out.

Butler said he goes from a list provided by Dutchess County.

May asked how many were used in this last storm.

Butler said he contacted three but only used two.

May asked if they were local. Butler said both were from Milan. May noted, "Something good came from that storm, somebody got work."


Highway department encumbrances and receivables

Barrett noted that in addition there is a list of unpaid obligations and appropriations to be encumbered.

Butler said these are for bills he anticipates he would receive in January of 2009. The motion to encumber these funds as listed passed 5-0.

It was agreed that any funds from the county would just be accepted.

The board complimented Butler on the tremendous job his crew did during the last storm.


Escrow accounts

Councilman Ross Williams expressed concerns regarding the status of the escrow accounts. He hopes that by the January meeting the escrow accounting will be firmly in place.

May pointed out that the issues in question could be answered by pulling the information from the bookkeeper's records. She offered publicly to show everyone how this works and expressed concerns because this is not the town's money, it belongs to the applicants.

It was agreed that Barrett, the bookkeeper and the planning clerk would meet to straighten out all of these issues.

May later noted that better financial information on the escrow accounts should be provided. She added that developers should replenish their escrow accounts before they continue to work.

A motion passed to include May in the above meeting passed 3-2 with Barrett and Egan voting in the negative.


Medical plan

Barrett said the town is now using MVP referral based HMO with a total cost $80,462.88. The new plan, MVP direct access EPO, will cost $72,385.08 with no reduction in benefits to the town employees. He said there were a number of benefits to the new plan as opposed to the old plan at no increase.

Barrett said the cost to the subscriber would be $432.32 per month as opposed to $477.83 resulting in savings to the subscriber and the town.

Butler asked if there was any change in the annual or procedural caps.

Barrett said he saw none in the proposal.

Williams pointed out that there is an unlimited lifetime maximum in the plan.

The board approved the switch to MVP direct access EPO plan by a vote of 5-0.

The motion to pay bills was passed by a vote of 5-0.

The next regular meeting of the Milan Town Board is Monday, Jan. 12, at 7:30 p.m. at the town hall.

©The Register Herald 2009

________________________________________________________________

The 2009 Final Town Budget, Part 3 of 3

Biting The Bullet

The budget for the town’s general fund for 2009 is $861,183.  Besides taxes, the town has only two sources of income to pay for these expenditures: money left over at the end of this year, and revenues from sources other than taxation.  Subtracting the sums from these two sources from the appropriation determines the taxes to be raised.

1.               Money Left Over at the End of the Year

According to Mr. Williams, who is the real architect of the 2009 budget, the town will have between $255,000 and $269,000 left when the books for 2008 are closed.  Of this amount, the town board decided to use $115,000 to reduce taxes, leaving at least $140,000 unused. (We wonder why the town board was so parsimonious in the use of these funds to reduce taxes.  And why wasn’t some of it used to increase the highway budget to fix the town’s roads?)

Subtracting the $115,000 from the $861,183 leaves $746,183 to be raised by the town board.

2.               Revenues

The town’s general fund has a number of sources of revenue to raise the $550,659 budgeted, most of which produce but small amounts.  However, three sources provide two-thirds of the total to be raised.

Sales tax: This year $120,000 was budgeted.  That was lowered to $90,000 for next year, a prudent step in view of the economy, but still on the high side.

      Mortgage tax: This year $100,000 was budgeted.  That was lowered to $80,000 for next year, again a prudent step in view of the economy, but still on the high side.

      Fines and Forfeitures: This year $175,000 was budgeted, and receipts will exceed that by as much as $75,000.  The town board increased this amount to $200,000, despite a warning from a knowledgeable individual that the amount was too high by $45,000.  Instead, the town board voted to buy the State Parkway Police a new radar gun, with the expectation that this will bring in an additional $50,000.  (Of course, these police will be using the radar gun we paid for in other towns, but we are a generous community, so we guess that’s ok.  During the discussion of this purchase, which we will not own, just pay for, law enforcement issues played a very minor role.)

The upshot of all this is that the town board has maximized its revenue expectations  and that a failure of any one will put in jeopardy the town’s finances, and its ability to carry out the limited responsibilities it has defined by this document.

As to the highway budget’s revenues, there is only one large source and that is the state’s CHIPS program.  Given the financial state’s difficulties, these funds may disappear, leaving virtually nothing for road improvement.

Throughout the seemingly interminable work shops to produce this budget two phrase were frequently heard.  The first was that the town board must act as fiscal conservatives and take a hard look at expenses and revenues (we would expect that of even a non- “fiscal conservative’).  Instead of a hard look, they took a myopic one, seeing only taxes and not responsibilities and service. 

            The second phrase repeated often was that the town board needs to “bite the bullet” with this budget, meaning that it needed to take care of town needs ignored by the past two town boards.  But the results were the opposite.  Driven by a compelling desire to cut the tax increase below 10 percent (they did get it down to 12 percent), they cut the most necessary services and gambled on income that may not be realized.  They have postponed the problems, not solved them.  In truth, the four members of this town board who voted for the final budget came no where near “biting the bullet”; the best that can be argued is that they gummed a marshmallow.  Bullet biting will come next fall. 

_________________________________________________________________

"The Budget That Isn’t"

            A budget is a contract made by the town board with the public to provide necessary services at an established cost.  It is a rational plan that lays out the tasks to be done (and paid for) and the moneys to be raised to get these tasks done.  By law, it must be balanced.  The 2009 Milan town budget meets none of these requisites.

            We have already pointed out the cynical nature of the town board’s 4 member majority in approving a town budget that grossly under funds the highway department.  Besides eliminating repairs on Odak Farm Road (which, by the way, many people  other than residents on the road use), the town board cut funds to repair the other town roads by 30 percent from this year’s inadequate appropriation.  It left snow removal at this year’s appropriation level, despite a more than 10 percent increase in the cost of road salt and sand.  And these are just a few of the highway cuts that will affect us next year.  But that is not all. 

When we look at the general side of the budget, the misjudgments are equally irrational.  Just as examples:

1.               Attorney Fees: This year’s budget appropriated $63,000 for attorney fees, most of this to defend the town against a string of lawsuits resulting from misguided town laws and an alleged actions of the Planning and town boards.  So far, this year, the town has spent in excess of $86,000 with two months of bill yet to come.  The town board appropriated $65,000 for next year.

2.               Town Hall: This year’s budget appropriated $55,000 to cover expenses.  The town board has over spent that sum in only 10 months.  It will end up spending in excess of $70,000 by year’s end.  It appropriated $60,000 for next year, at least $15,000 less than it will need.

3.               Health Insurance:  This year’s appropriation is $53,000 for the General Fund.  Through October the town spent $35,000.  When we add in the costs for the rest of the year, the costs will approach $42,000.  The supervisor informed the town board that he checked and was told that the costs would rise 8 percent, so they cut the budget for this item to $40,000.  Does that make sense?  Not to us.  A similar disparity exists in the highway budget’s allocation of funds to pay the town’s share of the employees’ health insurance.

These items alone add up to a budget that is under funded by at least $50,000.

      There is one more gross inequity that should be mentioned.  We see that the town board approved an annual wage for the bookkeeper of $24,300, for a three-day week.  That amounts to $25 per hour.  Now we don’t doubt that a good bookkeeper is worth that much; what we question is the irrational manner in which elected officials and employees’ pay are set. 

     The town clerk, who has much more responsibility than a bookkeeper, is being paid next year $22,351.  Her office is open three days a week, she is the custodian all of the town records, hands out a range of licenses, attends all town board meetings, and takes the minutes on all town board actions; she has 10 years of service with the town.  Is that fair? Her deputy, who has the same responsibilities as the town clerk, gets about half the bookkeeper’s pay.  Is that fair? 

     The assessor, clerk, who also has 10 years of service with the town, will get $16,553 next year.  Are her responsibilities any less important than the bookkeeper's?  Is that fair? 

     Let's not to forget the town court clerks; one with over 20 years experience will be paid $22,760 next year, while the other clerk will receive $18,336.  While these are considered part-time jobs, they are essential to the functioning of the town.  Is the income of less importance to the individuals because they are part-time?  What are the reasons for the inequities, and what is the reasoning?  While we can’t fully answer the former question, the answer to the latter is certain: NONE.

This budget is merely a postponement for a few months of an inevitable financial crisis.  It is unbalanced and unresponsive to the town’s needs. 

_______________________________________________________

The Town Of Milan Final Budget for 2009:

A Case of Highway Robbery, Part 1

At Monday night’s special meeting to approve a final budget, four members of the town board – R. Barrett, D. Byrnes, D. May and R. Williams – voted to cut the highway department funds below what it received for this year.  The only one to oppose this travesty was Ms. Egan. 

            The budget totals $1,615,633, up $82,292 over this year.  The General Fund increased (yet again!) by $27,442, while the highway was cut from $699,600 this year to 689,481.  And therein lies the problem.  After five years of under funding the highway budgets, of ignoring the road plan developed by the town’s elected highway superintendent, this town board, instead of seeking to correct the mistakes of the past, has chosen to worsen them.  

Just to show you how drastic these cuts are, here is a comparison of what was appropriated for this year, what was requested by the Superintendent Butler, and what those four town board members pushed through.  (Keep in mind that the budget for the highway has been reduced every year for the past 5 years, and last year, at Mr. Williams’s urgings, $70,000 was taken out of the highway budget and put into the general budget).

 2008           Requested       Final Approved

Road Maintenance                    248,040              316,100                    175,115

Road Improvement                     76,320              207,870                    103,420

Bridge Repair                                3,320                  8,420                        8,420

Machinery Maintenance            70,740                82,734                      68,934

Brush, Mowing, etc.                  51,920                54,792                     43,130

Snow Removal                         124,200              165,272                   155,672

Services (Other Gov’ts)             5,320                 8,970                       7,170

Employee Benefits                  64,390                95,654                     74,145

Debt Service                            55,350                 53,475                     53,475

Total                                    699,600               993,287                  689,481

            As you can read, Mr. Butler has $45,000 less for next year than this year, just for road upkeep.  But when compared to what he needs to maintain the roads, the difference is a staggering $245,435!  The more the town board postpones needed work, the more it will cost us, the more damage vehicles will sustain, and the more risk the public faces. 

            Those four board members, who are now "acting" as the town’s highway superintendent, have thrown out the highway plan developed by Mr. Butler and decided that they will surface only 4 miles of road in 2009, instead of the 7 miles required to keep pace with the maintenance schedule.  They have also decided that instead of using oil and stone to surface the roads (at a cost of $18,000 a mile); they will use a slurry (which has a shorter useful life span and costs $25,000 a mile).  In addition, the slurry cannot effectively be used on the worst roads (the 4 miles); as it is suitable for roads that are in good repair.  That does not make a lot of sense, particularly because Mr. Butler has already prepared the roads for oil and stone and not slurry.

            They once again pushed off repairing Odak Farm Road (the one Mr. Williams cut the funds from last year so he could have more money in the General Fund to cover his lawsuits).  They saved around $60,000 of the $150,000 cost of fixing the road (the rest was coming from the state matching funds).  What does the town board (the 4 acting en masse as our new Highway Superintendent) plan to do next year?  Do they believe that the road will fix itself? 

             But, all is not lost!  They did move to appropriate $500 to put up signs telling the public that the road is in bad condition.  If that works, we may have similar signs on many of the town’s deteriorating roads.  (It might have been even cheaper to have put up signs that say “Sue us,” for that is the net effect of not fixing the road.)

            However, there is hope: Supervisor Barrett mentioned that if the town runs out of money, it could float a tax anticipation note and borrow more money creating more debt.  Doesn’t that cheer you up?

_____________________________________

Residents will likely see big tax increase in Milan