Hartwick Town Board
REGULAR MEETING
December 12, 2011
The Regular Meeting of the Hartwick Town Board called to order at 6:32 p.m. The Pledge to the Flag was led by Supervisor, Patricia Ryan.
Present: Councilman Delos Field, Councilman Kenneth Hotaling, and Supervisor Patricia Ryan
Also present: Attorney Lynn Green; Hartwick FD#1 Chief, Robert O'Brien; Planning Board Member Anita Briggs Jones; Highway Superintendent, Rusty Striesse; EMS Captain, Debbie Clegg; Hartwick Advisory Committee Members, Martha Clarvoe; Administrative Assistant, Tavis Austin, County Board of Representative Elect, Pauline Koren; and others from the community.
Absent: Councilman David Butler and Councilwoman Julianne Sharratt
Floor Opened for Public Comment
Mary Balcom introduced herself and read a letter to the Board:
Dear Town Board Members,
I'm here to address the Town Board about the manner in which the termination of carol's and my health insurance has been handled. This matter was discussed in several open meetings but not once was Carol or I contacted in regard to this. Instead a letter from Supervisor Ryan was sent to us advising us of the termination of our coverage on December 31, 2011.
I was a member of the Board when Resolution 9-C-97 was adopted. It was done as a benefit for an elected official with longer-term service to the Town of Hartwick by continuing health coverage with the Town paying the cost if an elected official leaves office carrying health insurance and has 17 years of service or more. Carole Donahue was the first to receive this benefit. Sadly Carol Niedzialkowski suffered an extremely serious medical issue. The Board at that time reviewed the resolution and determined that Carol would be eligible at the end of her term which she completed. There are current Board members that were involved with the decisions made at that time and they were all in agreement. Ed Rood and I also met the same criteria used on Carole and Carol. My point is that we have been receiving continuation of our health insurance for years based on the original intent of the Town Board resolution. I'm not aware of any motions of the Town Board to change Resolution 9-C-97. However the Resolution appears to have been redefined at some point. I'm not sure why a meeting was never set with the people who receive this benefit to go over this. I know that Richie Field has also been receiving health insurance under a union contract and he was contacted by the Supervisor and advised there may be issues with his coverage. Neither Carol nor I have been provided with an explanation after we have requested the details of the reasons stated in Supervisor Ryan's letter. I would also that the Town Board considers that a precedent was set for those people who are receiving this benefit because of the original intent of the resolution.
In addition the Supervisor advised us that the Town's new insurance carrier will not carry people not currently employed by the Town. It has no affect on the original resolution. Is it fair that the new insurance company can dictate that the people currently receiving a benefit can no longer be provided coverage? It seems that that should be an action of the Town Board. I question if the current carrier, CDPHP, would continue coverage on us until questions and issues can be addressed and legal opinions looked at. Has that option ever been considered?
Under Section 806 of the Handbook adopted in September 2011 it states that the Town Board will provide a two-month written notice of changes to the amount of insurance premium an employee is required to contribute that have been changed by resolution. I would assume that a retiree would be given the same consideration. A little over 30 days is not proper notification. Under the section it states that any benefit can be changed or discontinued by resolution of the Town Board. Was an official motion or resolution made at a Town Board meeting stating that this benefit is officially discontinued for certain people with an explanation of the reasons. It also states that Coverage will continue for eligible retirees in accordance with Town Policy. What is the Town Policy referred to in this section? Under Section 807 Medical Insurance for Retirees - it just has the word RESERVED.
Carol and I have asked for a meeting with the entire Town Board on several occasions since we have received our letters but none has been set. We are asking that more time be given to us by the Town Board before we are rushed into making any decisions in regard to our health & dental coverage.
Signed: Mary Balcom
Katherine Gannon introduced herself and read the following letter:
Dear Town of Hartwick Board,
The Town of Hartwick passed a local law in November, 2011 to override the 2% cap on property tax increase mandated by the State of New York. In a Freeman's Journal article (9/17/111), a Town official stated this was in part because of an expected decline in the revenue from the current property tax base. Ironically, behind the scenes and in defiance of Property Tax laws, the Town of Hartwick Assessor, Matt Lippitt has for years knowingly allowed property owners to fraudulently receive property tax breaks at the expense of other Hartwick property owners whose property taxes have been increased to make-up for these uncollected taxes.
One property owner, Carol Klingensmith A.K.A. Carol Ellis (tax map number 128.00-2-22.02) receives a $26,400 property tax exemption for a workshop/storage garage fraudulently claiming it is an agricultural building. Despite laws that require the application to be on file with the town in order to receive and maintain the tax exemption, no paperwork exists. According to Henry Schechel at Otsego County Real Property, once an Assessor discovers that required paperwork has not been filed, exemptions are to be revoked until the property owner provides it (See Real Property Tax Law 483 and see FOIL requests to Matt Lippitt).
Amazingly, on a property that had no agricultural or farm activity of any sort, this same building illegitimately received this one-time 10 year agricultural building exemption in 2004 (See Real Property Tax Law 483. See public records. Note the absence of an agricultural land exemption from 2004-2008). The agricultural building exemption was removed in 2005 but was suspiciously re-instated in 2006. According to Real Property Tax Law 483, once a building has been converted to non-agricultural use or used to store anything other than agricultural products, the exemption on the property is to be permanently revoked and the property owners are "subject to Rollback taxes for the period during which the exemption was operative". At this point, the Town Assessor is failing to collect roughly $4,000-$5,000!
Another property owner, Maude Klingensmith (Tax map number 128.2-35.05), since 2008, annually receives a $24,785 agricultural land property tax exemption for 6.7 acres that were not hayed or even mowed in 2008 and 2011 (according to Real Property law 305, if the land is idle or in non-use, the exemption must be revoked. In 2009 and 2010, one third of the claimed acreage was left un-mowed and then 2010 hay bales were left to rot in the field (see photos). Across the street, 19.5 acres with only slightly different soil receives $0 agricultural land property exemption (This property of Carol Klingensmith AKA Carol Ellis (Tax Map Number 128.00-2-22.02) first received an agricultural land exemption in 2008 for $33,598. This exemption amount was granted until 2010 When Pat Ryan approached Matt Lippitt with our concerns about Kligensmith's property assessment. It then was changed to reflect the agricultural worth determined by NYS of $0 (However, the legally required paperwork (RP-305-r) has not been annually filed since 2008 (documented by FOIL requests).). Apparently, since we did not inquire directly about Maude Kligensmith's exemption, it was not changed to reflect the true agricultural worth. Other suspicious activity occurred with this property's assessment. A year after the initial application for the agricultural land exemption, the "agricultural acreage changed from 6.7 acres to 7.02 acres (This was a transparent attempt to meet the acreage threshold of 7 acres mandated by Real Property Tax Law 305).
The cases we briefly outlined may only be the "tip of the iceberg". Of those mentioned in this letter, there is $51,185 per year of untaxed assessment and approximately $400-$5,000 of uncollected rollback taxes. Most of this information is publically documented. In addition, we have extensive documentation that includes: public records, other written correspondence to and from Matt Lippitt, photographs and eyewitnesses (including Matt Lippitt himself).
Elected Town Officials have an obligation to ensure laws are upheld and applied equally to everyone. The Town Tax Assessor has ultimate power to make decisions, not even the county can override his actions (according to Henry Schechel Otsego County Real Property and Senator Seward's secretary) jurisdiction. We ask the Town to put a stop to illegal favors granted by Matt Lippitt to select property owners. It is an outrage that the other Hartwick property owners have had to pay higher taxes to compensate for this fraud and misuse of public office.
Signed:
Katherine Gannon and Paul Sohacki
MOTION: Councilman Field moved to approve Abstract 12 and prepaid bills for the month ending November 30, 2011 in the amount of $114,229.61 from the following funds:
General $39,402.36
Highway $47,901.26
Library $ 9,134.77
Lighting $ 451.73
Water $ 2,915.22
Fire $14,424.27
Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
MOTION: Councilman Hotaling moved to approve Town Clerk's Report for November 2011 showing income of $1,966.48, with Town's portion being $410.64. Councilman Field seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
Water District Fees Report - November 20, 2011
Collected: $879.46
Disbursed to Town Supervisor: $879.46
MOTION: Councilman Hotaling moved to accept Justice Report for November 2011 showing the following income:
Justice Higgins $1,370.00
Justice Folts $ 555.00
Councilman Field seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
MOTION: Councilman Hotaling to accept the Town Board Minutes of November 14, 2011. Councilman Field seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
MOTION: Councilman Field moved to accept the Town Board Work Session of November 21, 2011. Supervisor Ryan seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
Town Clerk distributed the Water Operations Audit Report from the New York State Comptroller's Office to the Town Board.
MOTION: Councilman Field moved to accept receipt of the Town of Hartwick Water Operations Audit Report from the New York State Comptroller's Office. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
Supervisor Ryan presented the Board with a finalized copy of the Teamster's Union 2012-2013 Highway Contract.
MOTION: Councilman Hotaling moved to acknowledge receipt of the Teamster's Union 2012-2013 Highway Contract. Councilman Field seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Field "aye", and Supervisor Ryan "aye".
Supervisor Ryan reported on receipt of correspondence from New York State and Local Employee Retirement System. The correspondence acknowledges receipt of the Town's Resolution to provide benefits of 41(j) to eligible employees. The effective date of the benefit is January 1, 2012. An invoice of $426 will be received in December 2012 relating to the benefit.
Supervisor Ryan reported $538.40 collected from the sale of scrap metal after the Clean Sweep Event.
Administrative Assistant, Tavis Austin, Report:
•· Discussion relating to Fire Inspection from County on Town Hall, Highway, Fire Co. #1, Library, and Community Center. Fire Inspections are almost complete.
•· Update on Local Law 1-2011. Warnings have been effective. Problem areas have been adhering to the law.
•· Update of FEMA paperwork: All paperwork relating to Hurricane Irene has been submitted.
•· Update on Community Center Roof: Project currently on hold. Need further clarification from County for classroom egress.
•· Update on Community Center heating upgrade options: McManus Engineering has a revised concept. The cost is approximately $30,000. Prescription from Mirabito still pending.
•· Supervisor reminded the Board members to carefully track the heat in the Community Center classroom. The Board discussed the addition of a heater in the utility room.
•· Reported on receipt of deobligation of FEMA funds letter from the Department of Emergency Management in the amount of $12,757.00. Mr. Austin will continue to research the issue.
Planning Board Matters, Tavis Austin:
•· Need to fill vacancy left by Sue Bush
•· Need to fill vacancy as of January 1, 2012 left by Anita Briggs Jones.
•· Need to discuss status of Ferd Thering.
•· All Planning Board members are to date on training and other related requirements.
Highway Superintendent's Report:
•· All FEMA paperwork is up-to-date.
•· Trucks and Equipment are in good repair.
•· Concentrating on trimming brush on nicer days.
•· Plowed several times. Parking issues seem better.
Town Attorney's Report:
The Delta contract is progressing slowly. A final contract is hopeful in January 2012. First manual has been submitted to Town Clerk. Second manual is pending along with the law.
Citizen's Bank has discharged its Municipal Lending Division. Questions relating to eligibility for a Town of Hartwick Depository due to lack of secure accounts arise.
Unfinished Business:
- Retiree Health and Dental Benefits. The Board and the public discussed the history of the questions surrounding the Town's Resolution 9-C-97 Lifetime Benefits. Jon Niedlakowski asked for a definition of the term "retired" stating the definition is a vital point in discussion relating to Resolution 9-C-97. Mary Balcom stated she has asked for an explanation from Supervisor Ryan and has not received a response. Ms. Balcom also stated no action has been taken to change Resolution 9-C-97, notification of intent to change insurance benefits was not timely, and the proper explanations not given. Carol Niedlakowski thanked the Board for consideration of honoring Resolution 9-C-97.
MOTION: Supervisor moved to allow health insurance coverage for four current retired employees and will enroll in 2012 Blue PPO Group Health Plan at no cost to the retirees. Councilman Field seconded, and the motion DIED with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "nay".
Resident, Gloria Waro suggested the use of a cap on Health Care costs.
The Board agreed to table further discussion on Retiree Health Insurance Coverage. The Work Session originally scheduled for December 19, 2011 will be put back on the schedule to address this issue.
- Zoning Commission. Supervisor Ryan reported she has received many letters of interest.
- BAR appointment - Jeff O'Handley's term expired September 30, 2011. Mr. Handley has declined reappointment. A new appointment will need to be made.
New Business:
•· Resident Colleen Kukenberger asked the Board to consider sponsoring Santa at the Gazebo on December 24, 2011. The Board agreed to allow Santa at the Gazebo and cover advertising in the Star for the event. Ms. Kukenberger is to contact Patricia Ryan to make arrangements for oranges and chocolate to hand out to the children.
MOTION: Supervisor Ryan moved to allow the Town to sponsor Santa at the Gazebo on December 24, 2011. The Town will be responsible for payment of advertising. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
Floor opened for Public Comment
A resident asked if there is accountability for Town Board Attendance.
A resident asked if Beautification efforts could be extended to the State Route 28 corridor. The necessity for more volunteers was discussed.
MOTION: Councilman Field moved to adjourn the Regular Town Board meeting at 10:00 p.m. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Field "aye", Councilman Hotaling "aye", and Supervisor Ryan "aye".
Respectfully submitted,
Sarah McGuire, Town Clerk
