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Regular Meeting January, 2003 Charlton Town Board Saratoga County New York
After the pledge to the flag the invocation was given by Town Clerk Gail Hanchar.
At the regular meeting of the Town Board of Charlton, Saratoga County, New York held at
Councilman Alan Grattidge
Motion made by Councilman Schroeder, seconded by Councilman Grattidge that the minutes of the December 9, 2002 Town Board Meeting be accepted as received:
Approved:
Motion made by Councilman Schroeder, seconded by Councilman Grattidge that the minutes of the December 30, 2002 Agenda Meeting be accepted as received:
Approved:
ABSTRACT OF CLAIMS:
General Fund: Abstract of Claims totaling $15,809.01. Motion made by Councilman Grattidge, seconded by Councilman Schroeder.
Highway Fund: Abstract of Claims totaling $9,098.41. Motion made by
Water Fund: Abstract of Claims totaling $15,721.96. Motion made by
Vouchers for the month were #1-#82.
TOWN CLERK'S REPORT:
Gail Hanchar read the Town Clerk's Report. She reported taking in $128.78. Motion made by Councilman Schroeder, seconded by Councilman Grattidge. PASSED UNANIMOUSLY.
PRIVILEGE OF THE FLOOR: (Agenda Items):
No comments.
SUPERVISOR'S REPORT AND ANNOUNCEMENTS:
December review of revenue and expenditures:
Major expenditures:
Major revenue:
The Town Hall will be closed next Monday in honor of the Martin Luther King Day.
COMMUNICATIONS:
Supervisor Acunto read a copy of a letter dated December 9, 2002 written by Glenn Bruso, P.E. with the NYS Department of Health to Thomas McGrath of Spectra Engineering regarding the proposed water storage facility for the Lands of Capitol Real Estate Subdivision on Crooked Street. The letter stated specific additional information that the Department of Health would need from Spectra Engineering and the town before any further action could be taken. A copy of this letter is available from the Town Clerk.
Supervisor Acunto read a letter dated December 20, 2002 from Glenn Bruso, P.E. with the NYS Department of Health regarding the lands of Capitol Real Estate Subdivision on Crooked Street regarding the ability to provide adequate water, sewage and drainage requirements. A copy of this letter is available from the Town Clerk.
Councilman Mitchell arrived at this time.
We received an email from Joyce Riedinger saying that she is interested in finding someone who would be interested in taking over and possibly doing a complete overhaul of our web page. She will continue updating the minutes until we can find someone to take over.
We received a letter from the NYS Public Service Commission stating that Time Warner will be granted another six months to arrive at a contract with the town.
The Board received a letter from Linda LaRue requesting compensation for her daughter who created a program for her to use. It will be discussed further.
Supervisor Acunto received a request from a resident on Hawley Drive asking that we consider an ordinance to protect people's land from people walking their dogs and defiling the property. This will be discussed at the next agenda meeting.
ANIMAL CONTROL:
Lee has been busy. Will be getting information into the newsletter on the enumeration.
ASSESSORS:
They are on schedule with the reval. They will be having an informational meeting in February. Mailers will be going out with individual assessment information. There will be an opportunity for residents to come in and discuss their assessment.
CONSTABLES:
There is concern because we have two Crown Victoria police cars, which have the problem that if they are hit from the rear, the gas tank, may explode. This is something we will be addressing. Supervisor Acunto will get in touch with Tom Parks.
ECC:
There was no December meeting.
HIGHWAY:
They have had quite a time keeping up with the snow. Christmas Day the men were in for the whole day. They napped in the trucks. Not one man complained.
HISTORIAN:
Laura reported that they were not able to get an historic marker made for Blue Corners this year. She thanked the Highway Department for getting two new signs made for Gideon Hawley Park and Jeremiah Smith Cemetery with the historic marker money.
HISTORIC DISTRICT COMMISSION:
They will be meeting Wednesday night with Land Works. They have a project coming up in the village that they will be giving a recommendation on.
PARK COMMITTEE:
The tennis courts in Elmer Smith Park were sealed but the lines have not been put on yet. Two new members will be appointed to the Park Committee. They are John Ormsbee and Ellie George.
PLANNING BOARD:
They will be meeting on January 20 at 7:30 P.M. at the Town Hall.
TOWN HALL:
We are continuing to assess the plans we have. We may talk about exploring other options at the Agenda Meeting. Councilman Mitchell has spoken with Susan Lombardi (grant writer) and she will be willing to come in and speak with the Board. If she sees anything that might be pertinent, she will let us know.
WATER DISTRICT:
Councilman Lippiello asked residents to clean around the hydrants. The Highway crew has done a super job getting them open but we ask residents to help make sure they remain open.
LIBRARY:
There will be a meeting of the Ballston Lake Community Library on January 29th.
ZONING ORDINANCE REVIEW COMMITTEE:
They will be meeting on January 29th.
ZONING ADMINISTRATOR:
We are still looking for an Assistant Zoning Administrator. Building fees collected in November were $290.00. Zoning fees were $40.00. Building fees collected in December were $552.00 and no zoning fees.
ZONING BOARD OF APPEALS:
Motion made by Supervisor Acunto, seconded by Councilman Schroeder that Resolution #47, A RESOLUTION TO RESCIND RESOLUTION #109 OF THE YEAR 2002 SETTING A DATE FOR A PUBLIC HEARING REGARDING TELECOMMUNICATION TOWERS IN THE TOWN, be Approved:
Approved:
Supervisor Acunto received two quotes from Ron for the emergency purchase of a Toro Snowblower, Model CCR2450 for the Highway Department. Quotes were from:
Emerich Sales and Service, Inc. $450.00 All Seasons Equipment, Inc. $470.00
Approved:
The Organizational Resolutions for 2003 were read at this time.
Resolution # 1 Resolution Adopting Rules of Procedure
Resolution # 2 Resolution Appointing a Deputy Supervisor
Resolution # 3 Resolution Appointing a Town Attorney and a Planning Board Attorney
Resolution # 4 Resolution Appointing Deputy Town Clerk
Resolution # 5 Resolution Appointing Secretary to the Supervisor
Resolution # 6 Resolution to Appoint a Water Superintendent and Assistant Water Supt.
Resolution # 7 Resolution to Appoint Member to the Zoning Board of Appeals
Resolution # 8 Resolution to Appoint Chairman of the Zoning Board of Appeals
Resolution # 9 Resolution to Appoint a Zoning Administrative Officer and Assistant Zoning Administrative Officer
Resolution #10 Resolution to Appoint a Chairman of the Planning Board
Resolution #11 Resolution to Appoint a Chairman of the Board of Assessors
Resolution #12 Resolution to Appoint Members to the Assessment Review Board
Resolution #13 Resolution to Appoint Members to the Town of Charlton Environmental Conservation Commission
Resolution #14 Resolution to Appoint a Chairman of the Town of Charlton Environmental Conservation Commission
Resolution #15 Resolution to Appoint a Member to the Charlton Planning Board
Resolution #16 Resolution to Appoint Members of the Town of Charlton Historic District Commission
Resolution #17 Resolution to Appoint a Chairman of the Town of Charlton Historic District Commission
Resolution #18 Resolution to Appoint Deputy Tax Collector
Resolution #19 Resolution to Appoint a Registrar and a Deputy Registrar of Vital Statistics
Resolution #20 Resolution to Appoint Constables/Peace Officers
Resolution #21 Resolution to Appoint Animal Control Officer
Resolution #22 Resolution to Appoint Members of the Board of Ethics
Resolution #23 Resolution Appointing Members and a Chairman of the Park Committee
Resolution #24 Resolution Designating Certain Banks as Depositories for Town
Resolution #25 Resolution Designating the Official Depository for Charlton Water District #1 and District #2 Funds - Year 2003
Resolution #26 Resolution to Establish a Mileage Compensation Schedule
Resolution #27 Resolution to Establish a Petty Cash Fund for Certain Town
Resolution #28 Resolution Authorizing Time Deposits
Resolution #29 Resolution Accepting the Bonds of Various Town Officials
Resolution #30 Resolution Establishing Salaries for Appointive and Elective Officials for the Town of Charlton - year 2003
Resolution #31 Resolution Establishing Town Policy in Connection with Wages and Fringe Benefits for Highway Employees - Year 2003
Resolution #32 Resolution to Contract for Library Services
Resolution #33 Resolution to Contract for Ambulance Service
Resolution #34 Resolution to Pay Medical Insurance
Resolution #35 Resolution to Appoint Town Historian and Deputy Town Historian
Resolution #36 Resolution to Appoint Town Health Officer
Resolution #37 Resolution to Appoint Freedom of Information Officer
Resolution #38 Resolution Naming The Daily Gazette as the Official Newspaper for the Town of Charlton
Resolution #39 Resolution to Appoint Member to the Burnt Hills Youth Recreation Commission
Resolution #40 Resolution to Appoint Co-Chairman and Members of Records Advisory Board
Resolution #41 Resolution Establishing Purchase and Receipt of Goods, Materials and Services
Resolution #42 Resolution Establishing A Cash Management and Investment Policy
Resolution #43 Resolution for contributions to be given to the Charlton Food Pantry and Galway Senior Trip Fund
Resolution #44 Resolution Allowing Full Time Administrative Employees to enroll in the Town's Health Insurance Plan
Resolution #45 Resolution to Appoint a Part-Time Court Clerk
Resolution #46 Resolution to Appoint Senior Records Management Clerk
COUNCILMAN REPORTS:
Councilman Grattidge - Thanked the Highway Department for their good work this last month.
Councilman Mitchell - The newsletter is under way. Thanked the Highway Department. They have really been put to the test and have come through beautifully.
Councilman Lippiello - Thanked the Highway Department. Thanks to all the people who volunteer to serve in the various boards in town.
Councilman Schroeder- Thanks to the volunteers and their families. Thanks to the Highway Department. Happy New Year to all. Councilman Schroeder said he will not be here for the Agenda Meeting.
Supervisor Acunto thanked the Highway Department. They graciously accept chocolate chip cookies, cake, pizza and anything else delivered to the garage. Our heartfelt thanks to Ron and all the men.
PRIVILEGE OF THE FLOOR:
Sandy Verola - Redwood Drive - The Highway Department did a wonderful job. On the Crooked Street development, I know it has been brought up but I was wondering if you all had time to think about whether or not you would allow this to go on the ballot so the people in the water district could vote on whether or not they wanted the extension to happen, since we are the owners of the water district?
Supervisor Acunto - The short answer is "No we have not discussed it". Secondly, from what I have been able to gather from all counsel, it would be basically be inappropriate to discuss it until after the public hearing is held.
Sandy Verola - Is there any reason why you wouldn't want it to go on the ballot?
Supervisor Acunto - Again, we haven't discussed it. I wouldn't personally make a comment.
Sandy Verola - So you wouldn't allow me to poll the board?
Supervisor Acunto - (could not understand)
Councilman Grattidge - I guess I would wait until I got all the information from the public hearing and the attorneys before...........
Sandy Verola - And that would (could not understand) whether or not you would allow it to go on the ballot so that the water district could vote on it?
Councilman Grattidge - Yes.
Councilman Schroeder - Perhaps it is a little premature but all things considered, the people can have a vote. I can't think of any reason that it wouldn't go to the people. It is their water district.
Councilman Mitchell - I agree with what Bernie just said.
Councilman Lippiello - I probably would lean toward allowing it but, again, I would wait until we have the public hearing. I would assume we would discuss it after the public hearing.
Supervisor Acunto - I sat on the side where you wear a robe where you don't really make decisions until everything is in front of you. I may have a position but I really am reluctant to state it publicly at this point. My feeling is - gather all the information and go from there. I am not playing games with you. I don't have an opinion at this point.
Sandy Verola - Can you think of a reason why you wouldn't want........
Supervisor Acunto - I am just the kind of person who wants to get all the information first.
John Simoni - Maple Avenue - Getting back to the annual resolutions, are there any changes in the time and dates of the meetings?
Supervisor Acunto - No. If there are any changes we have addressed it.
John Simoni - Is it still in there, something about 24 hour's notification for any resolutions coming before the Board?
Supervisor Acunto - That hasn't changed.
John Simoni - Could you kindly read off for us the liaison appointments?
Supervisor Acunto - Starting with me, I am keeping Local, County and Federal Issues. Alan has Animal Control, Environmental, Highway, 911 and Planning. Bob has Ambulance, Historian, Library, Parks and Water. Dot has Assessors, Constables, Historic District, Records Advisory and Newsletter. Bernie has Cable TV, Fire Department Liaison, Youth and Zoning. All members are taking a part in anything that deals with the Town Hall.
John Simoni -Back to the water issue, regardless of how you vote, why would you not want the people in the water district to vote on this? I don't know what the hesitation would be or what you could hear at a public hearing that would make you change your mind either way. It seems like it is the right thing to do to let them decide what they want done with their water district. I heard what you said, but it is hard to understand. The ultimate decision is what they want so why would you not want to do that. You don't have to answer me now but that is my response to that. Has the developer presented any plans to this town showing the water lines and the tank, etc. There has been nothing on file?
Supervisor Acunto - From what I could gather from that letter, and I know it is difficult when somebody reads a letter and you don't see it in print, it seems to me that they haven't even presented that to DOH. It sounds like they just have a map with no infrastructure. If something has gone from engineer to engineer, I haven't seen it personally. Nothing has been in front of us at this point. If you look at the letter it says they don't have it either.
Councilman Lippiello - Information has been given from our engineer to theirs as to what would be needed such as mechanical facilities, switching things, how information is transmitted so that the pumps run correctly, that kind of information has been given to their engineers to meet those kinds of specifications when they do their drawings.
John Simoni - At the last meeting it was announced that their would be no Water Committee. I find it hard to accept it in that at the public hearing, one of the basis for setting the moratorium was that if we were going to have a moratorium, we would have a Water Committee to study the water system. That was part of a package so to speak. Now from what you have stated there is not going to be a Water Committee. What is going to be the factor that is working while the moratorium is on?
Councilman Lippiello - One of the aspects of that committee that was discussed was looking at where we stand at the current time with usage. John and I are gathering that record information over the last 5 years to take a look at what historically has been the usage. We will present that information to the board and from there, once we see where we stand with our usage in relation to the storage capacity we have, we will present that to the Board and the Board will have to consider that information.
John Simoni - I hear you, Bob, and I respect your thinking on it but the committee was supposed to be made up of people in and around the water district to decide how they wanted to handle that with input from the residents themselves. It doesn't seem that you will be able to accomplish that with just studying the usage.
Councilman Lippiello - No. It will be more limited than the committee insight would have provided.
John Simoni - That is just usage. What direction.....
Councilman Lippiello - That would have to come from consideration of where we are at with usage at this time.
John Simoni - There is nothing about a committee starting a long-range plan, etc., etc, etc., all the things that the original committee was supposed to do. That will not be addressed.
Councilman Lippiello - It hasn't happened.
Sandy Verola - Why is there not going to be a Water Study Committee? I thought that was a given. That is why we did the moratorium, so that you would form a group and the people could study what needed to be done.
Supervisor Acunto - I don't know if you were at any of the meetings where this was being discussed. There was a committee presented. It was a date when there were four members here. It ended up in a tie. That means there was no consensus.
Sandy Verola - I was here for that meeting but I thought that you would go back........
Supervisor Acunto - The Board sat down and tried to resolve the deadlock and we could not resolve it and we still, as Bernie brought out during that meeting, that resolution as it was presented cannot come back to the Board after it was voted down. We had a committee and we can't come back with the same committee. It has to be changed and the Board just can't agree on it.
Sandy Verola - You can't agree on making a few changes on that committee?
Supervisor Acunto - Not to where we can bring it forward to be voted on. No.
Sandy Verola - So how many more months are left of the moratorium?
Supervisor Acunto - I would have to go back and check our records. I'm not sure.
Sandy Verola - I'm really disappointed that there is not going to be a study group. I think that was very important.
Supervisor Acunto - It is something that is basically out of our hands.
Sandy Verola - It is in your control. You are the ones who control it, not us. We are sitting here waiting, hoping and you guys are doing nothing. I do not understand it at all. I am very, very disappointed.
John Simoni - I would strongly recommend to the Board-- You had qualified people who spoke at that public hearing that seemed to be interested. It doesn't seem possible that the Board cannot come up with another committee.
Sandy Verola - There certainly was NOT a lack of interest. You had 100 people come to that Town Board Meeting and express an interest.
Supervisor Acunto - If any Board member wants to bring it back to an Agenda Meeting for discussion that can happen.
Sandy Verola - I hope it does.
Jim Leupold - Edwin Drive - Are any of the Board members in the Water District?
Supervisor Acunto - None of us.
Jim Leupold - Is the public allowed to form their own Water Study Committee and make recommendations to the Board? What would be the purpose, even when you were first thinking about having a Water Study Committee, what were you hoping to get out of it that your not going to get out of it now? Back in that meeting when I was here in the summertime and that meeting that she described where you said that you were going to form a Water Study Committee asking for this moratorium, there was an intent on your part to have a Water Study Committee.
Supervisor Acunto - Correct.
Jim Leupold - What were you hoping to get out of it that now the public or the people that live within the Water District are not going to get out of it?
Councilman Lippiello - I think there were four items that we had originally looked at.
Supervisor Acunto - One that comes to my mind is the updating of the regulations.
Councilman Lippiello - The regulations needed to be updated, review of current usage, the question of outside users and that is being addressed. Jim Mitchell is putting together a map of the outside users. After it is checked by the Assessors, we should be able to act on that.
Supervisor Acunto - John Tabner tells us that it would require a simple resolution which incorporates all those parcel numbers into the existing district eliminating all outside users.
Councilman Lippiello - There was a component of looking at future use for growth. I think those were the five aspects of it. Several of those are being addressed.
Jim Leupold - Is the Board able to make a decision regarding the water district without the input of the people that are within the water district? In other words, the question that she had earlier of whether or not each of you agreed on putting it to a public vote, I didn't even think that was an issue. What that question tells me is that each of you has the ability to vote altogether that a decision made about the water district could be done just among you without input or votes from the public...
Supervisor Acunto - That is correct.
Jim Leupold - Or you could put it out to a public vote. Those are the two choices? You do have the ability to make decisions whether it is extending the water district, adding to it or making modifications? Whatever those decisions are, you can make those totally on your own without any regard to the public......
Supervisor Acunto - The Board is the overseer of the water district by Town law. It says the Town Board has the control of the water district, to answer part of your question.
Jim Leupold - So you can make decisions regarding the upgrade.........
Councilman Grattidge - All the extensions that have been granted in the past have been granted by the Town Board with a public hearing. There has never been a public vote on any of the water issues as far as I know, except for maybe the original forming of the district. That might have been a referendum vote. I'm not sure. I believe it was done in 1966 or 1967. After that, as people wanted to extend the water district, they would petition the Town Board. The Town Board would go through the process and hold a public hearing and vote whether to grant an extension or not. Historically, the Town Board has been the body that has granted extensions.
Councilman Lippiello - And is responsible for the basic day to day management of it. John needed a truck 11/2 to 2 years ago. That decision was made here. There is not a water district community body that oversees the running of the water district. In a sense they are members of the water district but not necessarily owners of the water district in the sense that they manage it.
Sandy Verola - They paid for it.
Councilman Grattidge - You pay for the service that you get.
Sandy Verola - If the Board decided to go forward with this water district extension and you don't put it to a public vote, is it possible for people to go out then and petition people that live in the district to have it put on a referendum.
Supervisor Acunto - That can happen on any issue.
Sandy Verola - That would be accepted by the Board? It would be allowed to be voted on.
Supervisor Acunto - The Board has to take an action first.
Sandy Verola - If you do that, if you go forward with this water district extension, then members of the water district can go to people in the district with a petition saying we want this to on a referendum?
Supervisor Acunto - It could be either permissive or mandatory, as I understand it.
Sandy Verola - But it would be allowed?
Supervisor Acunto - On any action this Board takes. You can always (could not understand) referendum. There would have to be an action taken by the Board first.
Sandy Verola - If you do take that action, then we can go out and get a petition signed and force it on the ballot? Right?
Supervisor Acunto - Correct.
Councilman Grattidge - You are talking about lawyers here.
Supervisor Acunto - When I say correct that is subject to interpretation (could not understand)
John Simoni - I can answer that, Fred. There seems to be some confusion. You would have to have that in the resolution that you pass that it is allowable to a permissible referendum.
Supervisor Acunto - As Alan just said, there isn't an attorney here but I think we discussed this with John Tabner, in particular. I understood him to say any action that we take is always subject to referendum.
John Simoni - I have been reading the law. I don't read it that way. We would like a clarification. We would like the board to get confirmation of that. Specifically, that regardless of what resolution you pass, it is subject to a permissive referendum.
Supervisor Acunto - If the Board does not approve the extension, it is over. If the Board approves the extension, your question--- I will repeat it to see if I have it straight in my mind--You want to know if we do not speak to the issue of a referendum in the resolution that is written, can the people ask for a vote on the issue? I will say, "Yes, you can". I will get an opinion.
Councilman Lippiello - It isn't the same as a referendum for a question that effects the whole town.
Sandy Verola - It would be just for the water district.
Councilman Lippiello - That would be another legal interpretation that I don't know the answer to.
Supervisor Acunto - Who gets to vote, you mean?
Councilman Lippiello - Who gets to vote.
Sandy Verola - Just the water district.
Councilman Lippiello - Sandy, I'm not sure of that.
Sandy Verola - According to the Department of State it would be just the people in the water district.
Councilman Lippiello - Then how many people do you need? What percentage of them do you need?
Sandy Verola - I think it is 10%
John Simoni - We would like clarification on that. Is it 5% of just the people in the water district or 5% of the people in the whole town? We hear differently. We would like an exact clarification of what that process would be.
Supervisor Acunto - My suggestion to the Board is, rather than to have us as the middle-man in this thing is to have counsel here at the next Town Board meeting and address that question. Other questions may come from those questions. Bob will talk with John Tabner and have him here for the next meeting and specifically there are some legal questions on voting, etc. that we would like him to be ready to respond to.
Janet Reville - Crooked Street - I guess I am disappointed that the Water Committee is just dissolved. I am also disillusioned because I know at the meeting that was in June, July or August last year, the building was pretty full. I think a lot of people felt a sense of reassurance that there was going to be a water committee because many people knew that we had issues and problems and there was all sorts of debate but at least there was going to be a Water Committee. I guess I am a little confused because a decision or a vote can't be drawn down. You say that's it. It's not going to happen. Bob is digging into part of it but not the depth that I thought this committee was going to get into to try and look at the future and project what is in the town. I guess I am trying to resurrect if there is a way to bring it back and have you guys come to some agreement. I think it would be a positive thing. People think there is a committee working on the water now. They are not aware that there isn't one.
Councilman Mitchell - Correct me if I am wrong but I don't recall a vote of this Board on dropping that committee.
Supervisor Acunto - There was nothing to discuss after the vote was taken. It never came back for discussion as I can recollect.
Councilman Schroeder - We had a long executive session. It didn't come back to a vote.
Councilman Mitchell - It suddenly sounded as though a decision had been made but I wasn't involved in it.
Councilman Schroeder - I wasn't involved in it.
Supervisor Acunto - It depends on how you want to say it. My recollection was that we discussed it after we had a tie vote, which basically killed the motion. We discussed it and could not, as you rightfully said...........
Councilman Schroeder - We couldn't bring the same committee back. We had to change the committee. We had to add or subtract a person.
Supervisor Acunto - We could not come to resolve as to what changes could be made and then nothing has happen in two or three subsequent meetings. It hasn't even been a topic of discussion and everybody has an opportunity to bring something to the table. That is what agenda meetings are for and it hasn't happened.
Councilman Mitchell - I wasn't aware that we would have to bring it to the floor because it just ended with someone leaving and now........
Supervisor Acunto - We all have the same number of votes. Anybody can bring something to the agenda. I developed an agenda based on what people asked me to put on the agenda. That is what an agenda meeting is for and there has never been an issue of discussion as to what are we going to do about it. It sort of just lies there.
Councilman Schroeder - I understand Dot's concern. We left it kind of hanging because we continued the discussion....... I know the meeting you are talking about Dot. We had a member leave and you called the meeting to an end and we never came back to it. We could certainly come back to it.
Councilman Mitchell - And then it was announced that we had decided not to have the committee but I wasn't involved in deciding that.
Councilman Grattidge - It never was decided that we weren't going to have a committee.
Councilman Mitchell - Well that's what Councilman Lippiello said.
Councilman Grattidge - I don't think we'd come to a resolution on it. I don't remember hearing anyone saying that there wouldn't be one.
Councilman Mitchell - I just don't know how that decision was made to totally drop the committee.
Councilman Lippiello - The committee wasn't formed. Maybe I put it the wrong way.
Supervisor Acunto - It is unresolved.
Councilman Mitchell - Meanwhile we are going along with the moratorium and time is going on
Sandy Verola - I remember you guys voting on the players but not on whether or not to develop the committee. That night there were four of you here and you voted on the candidates, the players, but not to dissolve the committee. So I was going along thinking that you were working on coming up with more people or different people to put on it. I am REALLY surprised to find out that was not what was being done. You haven't even thought about it. This is a very important issue.
Jim Leupold - My understanding of the formation of a Water Study Committee was that it was to be more of a fact-finding body. If anything, all they could do was present recommendations to the Board. You guys were still going to decide what was going to happen one way or the other so I would think, again, that as I mentioned in that meeting, that you would want what is in the best interest of the whole town and maybe not just the people that are within the water district but the whole town. How can you make any kind of decisions and vote on anything if you don't have all the information or it is gathered in a half-way? It looks like whatever Bob is doing, at a minimum, is what is being done as far as the gathering of the data. I don't know why there is such an issue with creating this body if all it is, is going to be to recommend stuff. It's not like they are going to have any voting power or any kind of power whatsoever. You said earlier that it is really up to the Board to make any kind of decisions or do any kind of voting. It was my understanding at that meeting that what you guys were doing was looking out for what is in the best interest of the town and we were going to create this committee. I can't believe that each side can't add another member just to change the committee so that now you can vote on a body of people that are slightly different than what the original committee was. To me it is just not in the best interest of the town.
Sandy Verola - Can you tell us whether or not you are going to come back with a different Water Study Committee? Will you do that?
Supervisor Acunto - Any member of this Board can bring it to........
Sandy Verola - Alan would you bring it to........
Councilman Grattidge - I voted for the Water Committee.
Sandy Verola - Would you bring it up at the Agenda Meeting?
Councilman Grattidge - Sure, I'll bring it up.
Jim Leupold - If you do vote on the change, and they were asking earlier if we could put up a petition, is there a scenario that could happen where the board could vote on something and not give enough time for a petition gathering event to take place?
Supervisor Acunto - The time is all written out in town laws.
Councilman Grattidge - There are so many days after a vote if it is under permissive referendum that you have to gather (Changed tape)
Jim Leupold - It is decided by you in how the resolution is written. What does it mean if it is permissive verses mandatory? Mandatory means that it has to go out for a vote?
Supervisor Acunto - Right. Permissive would be that if there is a petition filed with the Town Clerk with "x" number of signatures.
Councilman Grattidge - Then it goes to a referendum.
Sandy Verola - Before we break for tonight can we rest assured that this water committee will be formed? You will talk about?
Supervisor Acunto - I am one vote. We all are one vote. If anyone wants to bring it back to the table.......It is sitting there with nothing happening. We left the meeting with the discussion we had a committee. When it came to a vote we were deadlock and that is how it ended.
Sandy Verola - I think compromise is (could not understand) and I think that this committee should fly because it is really important.
John Simoni - You are the supervisor. You should get these people together and sit down and form a water committee. You shouldn't be sitting back waiting for someone else to say it. You should bring it up and say come on guys.
Supervisor Acunto - We had a committee to move forward. You know what happened. We got deadlocked because we had an even number of members here. We did discuss it again and we could not come up with anything different and it sort of just fell apart. Certainly after this discussion it will be on the agenda. It has to be in executive session because we are talking about personnel.
John Simoni - I think, Bob, you might have spoken (could not understand) there was a statement made that there will be no Water Committee.
Councilman Grattidge - He said it was dead at that time, maybe.
John Simoni - That is why we went out a little confused because we definitely heard there will be no Water Committee.
Supervisor Acunto - Jim, you articulated it very well. The committee is intended to be advisory. The community, from what we heard, came away with the idea that whatever the committee came with was going to be it. I think that was what was perceived by the people who were saying who should sit on it and who shouldn't. That was never our intent. There is no authority for an advisory committee to do anything other than advise. It is like the Records Advisory Board or the Historic District Commission. They have advisory jurisdiction and that's it. As to who really sits on that committee, it doesn't make a lot of difference in my mind who sits on it. (Could not understand) We dug our heels in and said, "No we aren't going to let this one in or that one in, etc." and that is why we were stalemated.
Sandy Verola - I disagree, Fred. I think it is very important who sits on that committee. I think we need qualified people, people that are engineers and have engineering background even though they are just an advisory committee, the town board will be listening to their advice otherwise you.........
Supervisor Acunto - The intent was to have our town engineer and counsel, ad hoc to be able to work with the committee and get advise and get opinions and so forth.
Sandy Verola - Once again I will just say, I would like you guys to go back to the drawing board and negotiate and reappoint this committee.
Supervisor Acunto - There is no reason we can't try it again.
John Simoni - As I spoke once before a couple of meetings ago, we have gone through a good lesson here in that when you have people in the town out there working and seeking out information because you guys are all busy doing your working jobs as well as your town board jobs, and you with your county job, the people proved that they could dig out things and bring things forward to you that you probably would not get to. The Water Study Committee would have more time to research the thing and dig............
Supervisor Acunto - John, let me repeat. The thought of that committee was they were not going to hold their meetings in a vacuum. They were going to be public meetings and anyone could attend them. We were not going to micro-manage the committee. They would be open meetings and hopefully when they decided how they were going to run themselves, have an opportunity for privilege from the floor. That was the way I was perceiving this. A mind-set took place and people started taking definite positions and it didn't help the process. We have to do what's best for the town. I think that was what this board was attempting to do. Did we get sidetracked? I think we did, big time.
Jim Leupold - What happens after the moratorium ends? The whole idea of the moratorium......
Supervisor Acunto - Jim, that is a good question. In my mind, when the moratorium ends there are people out there waiting to probably ask to come in. Who knows if they will be outside users and if they will pay or not pay or how it will transpire. Then we go back to our capacity problem. That has to be solved. How can someone else that is not in the district say, "I want to come in" and we know we have, at least from an engineering standpoint, a capacity problem. Our only answer is to say, "No, you can't come in". Who would build a water facility? It has to be the water district. Should this committee have been working actively? Yes, I guess it should have.
Sandy Verola - How much would it cost to build a storage facility? Those kinds of things the committee was supposed to look at. That is what I thought they were supposed to be doing. That is what I thought the committee was being formed for was to look at what our options were, cost factors and things like that.
Supervisor Acunto - As Bob tried to state, I think there were four charges we were trying to direct to that committee. They were general. I think they were the outside user issue, the capacity, future needs and revisions of the regulations.
Jim Leupold - Are we still having trouble with the Department of Health? Somebody threatened to inform the Department of Health about our being over-capacity now. I think it was Mr. Zee. He didn't want to come out and really say that but it was an insinuation that a letter could be sent to the Department of Health telling on us that we were over-capacity and that would be a good reason for why we should just buy into his idea of building a storage tank. Has the Department of Health had any communication with this town?
Supervisor Acunto - The only communication we have are those two letters that I already read.
Councilman Lippiello - In relation to the storage capacity, no.
Jim Leupold - What prompted them to respond to some other letter? What was that all about? What was it in regard to?
Supervisor Acunto - Which letter?
Jim Leupold - The one that had all the sections relating to the law.
Supervisor Acunto - That was the letter we wrote to DOH asking what the validity was of the approval of the Capitol Real Estate Subdivision. You are welcome to read it and try to interpret it. The bottom line is that they are saying it is valid in their eyes. Their approval holds. They see no need to rescind the approval.
Sandy Verola - That is from their point of view.
John Simoni - I think the committee needs to look into getting grants. What type of storage facility do we need to satisfy the potential needs of current residents? Could we get grants or aid, etc.?
Supervisor Acunto -If we think about increasing capacity what are we actually saying? We all want to control growth. If we increase capacity, what are we asking for? Growth, without much reason to say no.
John Simoni - We have the proper zoning. We can have water capacity and continue on with proper zoning. It doesn't have to give you more growth. The additional water just takes care of the people who need it. We have a problem now as water is attempting to change how we want the town to grow but that doesn't have to be the answer.
Supervisor Acunto - Let me give you an illustration. There is a five-lot subdivision approved for wells. There is a house being built on it right now. The owner has put in a curb box and a line to the road in anticipation of--- you know what is going to happen. He is going to come looking for water and those other four lots are going to be looking for water, too.
John Simoni - Are those lots built within the current zoning?
Supervisor Acunto - Yes. They are built for wells. They are better than two acres. We are talking down by the power lines.
John Simoni - I don't see that as a problem.
Supervisor Acunto - Think about it. You have subdivision approved for wells and now all of a sudden they are going to come one by one and ask for water. This is what this committee should be looking at.
Sandy Verola - There is vacant land in the water district.
Supervisor Acunto - There is a lot of vacant land adjoining the water district.
Sandy Verola - There is vacant land that could be built on.
Councilman Lippiello - I think there may be about 50 potential additional within the water district.
Councilman Mitchell - That is something that should be looked into because they would have the right to join in because if they are already in it and already paying for the water district......
John Simoni - Someone brought out the fact that why not let all the applications come forward so that the committee will have a concept of what the capacity might be but there was a decision not to take any more. The committee should be formed. There is no question about that.
After everyone had an opportunity to speak who wished, the meeting was adjourned at 9:25 P.M.
Respectfully submitted, |
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