Stephentown Town Board Action – Second Legal Opinion Sought On Cormier Bill

by David Flint
Tony Cormier still has not been paid for his sand. At last month’s meeting the Stephentown Town Board passed a resolution to pay the bill from Russ Freeman for the sand and gravel taken from Cormier’s land in North Stephentown back in 2005, and Cormier was told he would most likely receive a check on May 11, the day following the Board’s workshop meeting. This was, however, contingent on a document to be drafted by a lawyer and signed by Cormier relieving the Town of any legal liability should the NYS Department of Environmental Conservation (DEC) take action against Cormier for illegal mining. At the workshop meeting the Board was in possession of a legal opinion but some were not satisfied. After a lengthy and heated discussion the Board agreed to ask for a second legal opinion from a lawyer who was not familiar with the case. At their regular meeting on Monday of this week they unanimously passed a resolution to seek that second opinion from David Grunberg of Troy, an attorney recommended by the NYS Association of Towns. The resolution authorizes payment of $175 per hour to Grunberg, not to exceed $1,000. Town Supervisor Tom Sherman expected the matter would be put to rest by next month.
Veterans Exemption Law Revision Passed
Preceding the Board meeting a brief public hearing was held on a revision to the local law passed in February granting property tax exemptions to Cold War veterans. A Latin phrase, “Nunc pro tunc,” needed to be added to the law making it retroactive so that eligible veterans could enjoy their exemption this year instead of waiting until next year.
No one had any comments at the public hearing, and the Board proceeded in the regular meeting to vote unanimously to make this change in the law.
Garage Doors And A Mowing Tractor
The Town Garage will be getting new doors. The Board passed two resolutions, one to authorize the Town Clerk to advertise for bids for replacement of two side entry doors and another to authorize advertising for bids to replace the main vehicle doors in the front of the building.
There was some discussion about whether to solicit bids also for a new mowing tractor that the Highway Department needs or whether to purchase one on State contract. Asked his opinion, Highway Superintendent Aldy Goodermote was not enthusiastic about State contract purchases, noting that the tractors they offer do not have swivel seats and they are usually underpowered. Joel Hunt added that the total price is not always readily available and that, while the options you want can be had, the discounts on options are not as good as on the core equipment. The Board decided to put the specs out to bid, and they passed a third resolution authorizing the Clerk to advertise with bids due back on June 12. Bids can be submitted on two bases, with or without taking the Town’s used tractor as a trade-in. Goodermote said it may take 120 days before the tractor is delivered.
Town Supports Bill Against Double Dipping
Sherman asked for authorization to send a letter to State Senator Roy McDonald in support of a bill to prevent double dipping of public funds. The double dipping can occur because if a government worker is injured, he or she can receive an accident disability pension for life, but the worker can also sue the public employer for lost future earnings and collect the damages in addition to the pension. The “Collateral Source Bill” now being considered by the State Legislature would require that any tort award for lost future earnings be reduced by the amount of the disability pension or any other collateral source of compensation the employee receives. State law already provides for such offsets when private employers are sued.
Sherman’s draft letter said that Stephentown joins with other neighboring communities and our county government to support the bill. “It is extremely important,” he wrote, “that municipalities and other public entities not be subject to the additional expense to taxpayers that occur under the current inequitable treatment in the statute.” The Board agreed and passed unanimously a resolution authorizing the letter of support.
Response From Parks Commissioner
Sherman reported that he had sent a letter to the State Commissioner of Parks & Recreation protesting the cutbacks that provide for no swimming two days a week at Cherry Plain and Grafton Lakes State Park. The Commissioner’s response concluded that the restrictions would have to stand. Sherman said he regretted that the Parks Department had not contacted local towns earlier. If they had, he said, the towns might have been able to come up with other funding options to pay for lifeguards.
Other Business
Sherman reported that insurance premiums, other than health insurance, had been reduced from $27,608 to $24,668 and that the provider will reimburse the Town for being a good client in the amount of $2,142 in each of the next three years.
The Board passed a resolution officially changing Grievance Day this year to Wednesday, May 27, during the hours of 2 to 4 pm and 6 to 8 pm.
Councilman Chris Demick reported that Dog Control Officer Lynne Burns listed two stray dogs for the month, three running free and one case of animal cruelty. The Stephentown Rabies Clinic is set for Sunday, May 31, at the Town Garage from 1 to 4 pm.
Councilman Demick will look into getting a sign made to be placed on Route 43 indicating the location of the Town Hall. The Highway Department will install the sign.
The Town Clerk reported she had turned over to the Supervisor the sum of $471.60 for the month of April.
The Board audited and approved claims in the amount of $26,015.63 from the General Account and $20,008.00 from the Highway Account. Claims received from HL Fuel for diesel fuel and from Zep Manufacturing for soap for truck washing were held back for further investigation.
The Board set their next workshop meeting for Monday, June 8, at 8 pm and their next regular meeting for Monday, June 15, at 7 pm.