Spotlight Newspapers has learned that town of Ballston attorney Carlton N. Skip Potts II will not seek reappointment in January as new town supervisor, Democrat Patti Southworth, comes into office.
In a brief letter to the board dated Wednesday, Dec. 12, Potts did not give a reason for retiring after 12 years of service.
Town Supervisor Ray Callanan said on Wednesday, Dec. 19, that Potts’ decision and letter had not been publicly released, nor had it been discussed, but that the board would formally accept his resignation at its next meeting Thursday, Dec. 27.
`Skip is semi-retired from his law practice, and he requested not to be reappointed, it’s as simple as that,` said Callanan. `It’s strictly a change of regime and nothing else.`
Callanan made the statement after being questioned whether Potts’ decision was related to an Oct. 29 discovery by Spotlight Newspapers that the town of Ballston is bound to buy water from the town of Glenville while simultaneously being under contract with the yet-to-be-constructed Saratoga County Water System.
On March 6, amidst vocal and continuous protest from many residents, Callanan and board members Harold Townley, James Briaddy, Robert Boice and Mary Beth Hynes voted unanimously to authorize Callanan to sign a contract with the Saratoga County water system as its largest customer to date.
An overlooked, four-sentence contract clause, not reviewed until after a vote by the Ballston town council to sign on to the future Saratoga County Water System, binds Ballston’s 1,800 water users to the town of Glenville water system as customers until as late as 2022.
A one-page amendment to a long-standing contract between the neighboring towns removed the release clause of 36 months advance notice by either party. In October, Potts, who was among the town board members that signed the amendment, said he had forgotten most of the parts of the contract change.
`In retrospect, I don’t know an attorney that wouldn’t change the wording on those terms, including Thomas Jefferson, but we are where we are today,` Potts said in an exclusive interview with Spotlight Newspapers on Oct. 29.
At that time, town officials were confident the situation could be remedied between Ballston and Glenville attorneys, but Glenville Supervisor Frank Quinn made it clear that Glenville intended to hold its neighboring town to the contract. Attorneys from the towns are currently reviewing the paperwork.
The current Ballston board has stood by Potts when questioned whether they received inaccurate legal guidance when the existing contract and its clauses failed to be reviewed before the board’s vote to sign on with the county.
Southworth said on Wednesday, Dec. 19, that she had spoken in person with Potts this month and hadn’t been aware of his plans to not ask to be reappointed.
`He didn’t tell me anything about his intention, although he did say he wasn’t sure he would even be reappointed,` said Southworth.
Southworth said there have been a few committee members who have resigned effective Dec. 31, but that her strategy does not include a major turnover in people working for the town.
`I’m not going in to clean house,` said Southworth. `I’m in the mode of gathering information, particularly about town finances. Nevertheless, people are nervous in a certain respect, which I understand because this is a change. The board has dramatically changed at this point.`
Along with Southworth, newcomers Republican Kim Ireland and Republican Tim Szczepaniak were elected in November, replacing Republicans Boice and Townley, who lost his bid for town supervisor against Southworth.
Deputy attorney Peter Riley will serve the board starting Dec. 27, and Southworth said interviews for other candidates will begin after she is sworn in on New Year’s Day.
`My wish is that we will hold interviews soon, and my preference is that it be a town resident,` said Southworth. `There are a lot of attorneys in town that might be interested.`
Phone calls to Potts Wednesday morning, Dec. 19, were not returned by press time at noon Wednesday.
`Skip has done a wonderful job and he will be missed,` said Callanan.
Other town committee volunteers sought
Along with the upcoming town attorney opening, there are open seats on the town planning and zoning boards. Southworth is also seeking an emergency management coordinator, a position Callanan held during his town service. Southworth said she preferred to put a more trained person than herself in the volunteer position.
`I’ve done eight FEMA courses, but it’s best for the town if we get someone who knows the equipment and the unified response,` said Southworth.
Southworth said she is spending part of each day at town hall, meeting with department heads to build a sense of teamwork.
`Right now, it’s just a group of offices in the same building, working as if they’re unrelated,` said Southworth. `I’m not interested in personal or political issues; let’s just get things moving and get the work done.`
Southworth, whose husband Pat Southworth chairs the town’s Democratic Committee, said she resigned from the committee to signal her intent to remain nonpartisan in town board decisions in 2008.“