At the regular meeting of the Town Board of Charlton, Saratoga County, New York held at 7:35 P.M. at the Charlton Town Hall, called to order by Supervisor Acunto, there were present:

Councilman Alan Grattidge
Councilman Robert Lippiello
Councilman Dorothy Mitchell
Councilman Bernard Schroeder
Supervisor Ferdinand Acunto

Motion made by Councilman Schroeder, seconded by Councilman Grattidge that the minutes of the April 14 Town Board Meeting and the April 28 Agenda Meeting be accepted as received:

Approved: Councilman Grattidge - Yes
Councilman Lippiello - Yes
Councilman Mitchell - Yes
Councilman Schroeder - Yes
Supervisor Acunto - Yes

ABSTRACT OF CLAIMS:

General Fund: Abstract of Claims totaling $7,755.43. Motion made by Councilman Grattidge, seconded by Councilman Schroeder.
PASSED UNANIMOUSLY.

Highway Fund: Abstract of Claims totaling $8,354.98. Motion made by Councilman Grattidge, seconded by Councilman Schroeder.
PASSED UNANIMOUSLY.

Water Fund: Abstract of Claims totaling $1,523.87. Motion made by Councilman Grattidge, seconded by Councilman Schroeder.
PASSED UNANIMOUSLY.

Vouchers for the month were #425-497.

TOWN CLERK'S REPORT:

Gail Hanchar read the Town Clerk's Report. She reported taking in $127.96. Motion made by Councilman Schroeder, seconded by Councilman Grattidge. PASSED UNANIMOUSLY.

PRIVILEGE OF THE FLOOR (Agenda Items):

No comments.

SUPERVISOR'S REPORT AND ANNOUNCEMENTS:

April review of revenue and expenditures:
General Fund - Expenditures of $25,693.55. Revenue of $5,446.14.
Highway Fund - Expenditures of $46,071.13. Revenue of $114,001.67.
Water District #1 - Expenditures of $4,737.05. Revenue of $487.05
Water District #2 - Expenditures of $128.25. Revenue of $4.72.

Major expenditures:
General Fund - Contractual Supervisor of $1,073.21, Attorney Contractual of $4,750.00, Engineering Contractual of $1,392.24 and Building Contractual of $2,419.42.
Highway Fund - Maintenance of Roads Contractual of $2,498.45, Machinery Equipment of $3,799.95, Machinery Contractual of $3,0l3.00 and Snow Removal Personal Services
of $19,l66.58.
Water District #1 - Transmission and Distribution Contractual of $1,337.51
Water District #2 - None

Major Revenue:
General Fund - Penalties on Real Estate Properties of $1,700.37, Safety Inspections of $1,400.00 and Youth Programs of $1,500.00.
Highway Fund - Sales Tax Distribution of $113,808.00.

The Bulk Item Pick Up is continuing this week. We will be doing the northern part of the town.

Dunks are available at the Town Hall free of charge. Marv Schorr stated that the dunks are a virus specific to mosquito larvae. They don't harm any animals or plants. They are very effective.

June 15 is "Sundae on the Farm" at ArnoldHaven Farm on Route 147 in Charlton.

The Alplaus Creek has been stocked with 680 rainbow trout.

The Memorial Day Ceremony will be at Gideon Hawley Park at 2:00 P.M. on Memorial Day.

There was a pre-construction meeting regarding the Niagara Mohawk gas transmission line. Councilman Grattidge and Mr. Gavin attended the meeting. Councilman Grattidge explained the meeting was held on May 1. Town, county, water shed and environmental representatives were present. Everyone was given a projected schedule. June 2 is the start up date of the job. They will be working near Charvale Pool during the summer because that is where they will tie the two gas lines together. They will do approximately 3,000 feet per day. The crossing at the Alplaus Creek will be done at the end of the job. They should complete the job by the middle of August. The project engineer for Niagara Mohawk will attend our meeting on June 9. He will have a short presentation. If anyone has concerns they can call Councilman Grattidge or the Town Hall.

COMMUNICATIONS:

Supervisor Acunto has communications from Environmental Design Partnership (Town Engineers), Attorneys Tabner, Ryan and Keniry and from Attorney Bob VanVranken containing information the Town Board had requested regarding the proposed Crooked Street water extension. If anyone wants to read these, they are available.

ASSESSMENT BOARD OF REVIEW:

Grievance Day is Tuesday, May 27 from 12:00 P.M. to 4:00 P.M. and from 6:00 P.M. to 9:00 P.M.

ASSESSORS:

If anyone still has concerns about their assessment and has not met with the Assessors, Councilman Mitchell suggested you make an appointment to meet with the Assessors before Grievance Day.

CONSTABLES:

They will be busy with traffic control for Town events.

ENVIRONMENTAL CONSERVATION COMMISSION:

They had a successful Road Side Clean Up and Tree Give Away. There were no trees left this year. Next year will put an article in the Town Board Newsletter telling people that if it rains on the day of Road Side Clean Up, people can do it on the following days and the highway employees will pick up the trash bags. Marv thanked The Gazette for a very nice article.

EMERGENCY PLANNING COMMITTEE:

They are approaching the churches and schools in town to see if they would be shelters in case of an emergency. Sandy will need to fax shelter locations to the Red Cross in Glens Falls and they will approve them.

HIGHWAY:

They have about three days left of bulk pick-up and then they will start working on the roads.

HISTORIAN:

The historic site marker for Blues Corners is here for the Founder's Day parade.

The Association of New York State Public Historian Region 5 met on April 26 in Stillwater. Laura participated in the program and gave a slide presentation on patriotism in Charlton entitled "Our Response to 9/11". Laura hopes to show the slide show at Party in the Park before the fireworks.

The Mohawk Valley Corridor held its Heritage Heroes Celebration in Utica on Saturday, May 3. They are working on a signage program along Route 57 in Charlton to connect our historic sites.

The Archives Dinner Committee of the Capital Region is planning a program for October 1. There will be a program on the history of industry in the Hudson/Mohawk Valley area.

This Saturday flags will be placed on the graves of veterans in our graveyards in Charlton. For thirteen years the Burnt Hills/Ballston Lake Middle School students have participated. Anyone who would like to help is welcomed. They will be meeting at the Jeremiah Smith Graveyard at 9:15 A.M. Dan Stedman is in charge of placing flags in Pine Grove Cemetery. Well over 200 flags will be placed in the graves.

The Galway School district is working hard to put up a monument in memory of Joseph Henry.

The Halfmoon, a replica of Henry Hudson's ship, is looking for crew members. Contact Laura if you are interested.

HISTORIC DISTRICT COMMISSION:

They are beginning work on their project to improve the hamlet. They will be working on signs as you enter the historic district. They have to decide where to put them.

Councilman Grattidge proposed to the Commission they might move the present Town Hall down the street to the site of where we are considering building a new town hall. The Historic District Commission is totally opposed to that idea.

PARK COMMITTEE:

The lines have been painted on the tennis courts. They haven't put any trees in yet.>

PLANNING BOARD:

They have a small agenda for their meeting next week. The Kirk subdivision on Swaggertown Road will be coming before them for final approval.

RECORDS ADVISORY BOARD:

On July 23 at the Town Hall there will be a workshop on Fugitive Records. The Records Advisory Board is also working on Archives Week Activities.

TOWN HALL:

Councilman Mitchell spoke with Mr. Mesick regarding the proposed new Town Hall building. He is waiting to hear from us as to how we would like to proceed.

WATER DISTRICTS AND LIBRARY:

The Water Study Committee has identified eight different areas to investigate:

• Updating the water regulations
• Review of system maintenance
• Evaluate the potential for additions from within the district
• Evaluate the potential for additions from outside the district
• Consider areas for potential growth
• Close looping in the system
• Bringing in a second source of water supply
• Evaluating water usage

The library has lost an assistant librarian. They are looking to replace him.

ZONING ORDINANCE REVIEW COMMITTEE:

They are going through a list of potential changes. Their next meeting is Wednesday, May 28 at 7:00 P.M. the Town Hall.

ZONING BOARD OF APPEALS:

At their next meeting they will be reviewing a Special Use Permit for an Art Gallery on Jockey Street.

RESOLUTIONS:

Motion made by Councilman Schroeder, seconded by Councilman Grattidge that
Resolution #62, A RESOLUTION APPOINTING STEVEN CAINE AND DEBRA HERRIN AS CO-CHAIRS OF THE TOWN OF CHARLTON COMPREHENSIVE PLAN STUDY COMMITTEE, be approved:

Approved:
Councilman Grattidge - Yes Councilman Lippiello - Yes Councilman Mitchell - Yes Councilman Schroeder - Yes Supervisor Acunto - Yes

Motion made by Councilman Schroeder, seconded by Councilman Lippiello that
Resolution #63, A RESOLUTION SETTING A PUBLIC HEARING IN RELATION TO THE RENEWAL OF A FRANCHISE AGREEMENT FOR TV CABLE SERVICE, be approved:

Approved:
Councilman Grattidge - Yes Councilman Lippiello - Yes Councilman Mitchell - Yes Councilman Schroeder - Yes Supervisor Acunto - Yes

Motion made by Councilman Schroeder, seconded by Councilman Grattidge that
Resolution #64, A RESOLUTION COMMENDING AND THANKING STEVE T. JORDAN FOR HIS SERVICE TO THE TOWN OF CHARLTON, be approved:

Approved: Councilman Grattidge Yes
Councilman Lippiello Yes
Councilman Mitchell Yes
Councilman Schroeder Yes
Supervisor Acunto Yes

This resolution will be presented to Steve following the Founder's Day Parade on Sunday, June 1.

Resolution #65 was read by Supervisor Acunto in its entirety prior to the vote by the Town Board.

Motion made by Councilman Schroeder, seconded by Councilman Mitchell that Resolution #65, A RESOLUTION IN THE MATTER OF EXTENSION NO. 4 TO CHARLTON WATER DISTRICT NO. 1 IN THE TOWN OF CHARLTON, COUNTY OF SARATOGA, STATE OF NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW OF THE STATE OF NEW YORK, be approved:

Councilman Schroeder asked for clarification that an "Aye" vote to this resolution says, "I don't approve the extension".
Supervisor Acunto stated that was correct. He feel that after the public hearing the Town Board did do diligence in going out to the professionals that we employ and he personally feels very confident in making his vote.

Approved:
Councilman Grattidge - No Councilman Lippiello - Yes Councilman Mitchell - Yes Councilman Schroeder - Yes Supervisor Acunto - Yes

Councilman Lippiello said that it was great deal of work for a lot of people to get to this point. The Board received many responses regarding this matter.

COUNCILMAN REPORTS:

Councilman Grattidge - Reminder that Founder's Day Weekend is coming up. Party in the Park will be Saturday, May 31st.
Alan spoke regarding the vote on the proposed water extension. He said there were some questions regarding the fact that he had a conflict of interest as he is in the construction business. He spoke with counsel about this and determined that he doesn't have one. There were two main entities involved in the Crooked Street project - Capital Realty and the Bordeau Company. His company has never done any work or been associated with the Freedman's at all. His company had done some work for the Bordeau Company but has not done anything or been associated with them within the last five years. Alan said that his reasons for voting for this were that he had read the engineering reports and from what he could gather the applicant fulfills his duties in providing a system that they were required to provide. This thing was accepted back in the early 1990's when the storage situation wasn't a problem. When they brought this project forward the town required additional storage and came up with a design that met the engineering specifications that were put toward them. The first question was - Is it a sound system? In my opinion it was a sound system. If it was well installed and well maintained, it would be a sound system. The second one - Would it improve the district? I believe it would improve the district. It would add additional storage for the district that is already existing. It would handle the needs of the applicant and it would also give the town the opportunity that if they did need to add some people to the district, they could. That was the two reasons that I based my vote that way.

Councilman Mitchell - The newsletter will be out this week. She invited everyone to attend the Party in the Park and the Memorial Day service. Encouraged people to join them in putting flags on the veteran's graves in town.

Councilman Lippiello - The Water Study Committee will be meeting on June 3 at 7:00 P.M. at the Town Hall. Anyone is welcome to attend the meeting. Looking forward to Party in the Park.
The vote on the proposed water extension was a very difficult vote to come to grips with. He had to weight the advantages of the additional storage that would provide 36,000 gallons of extra water to the community. In a sense it is a stop-gap cure for a problem it seems we are facing regarding storage capacity. As counsel spoke to us, they indicated that it is not just the water extension - how the pipes are laid in the ground and how the hook-ups are made so the storage tank pumps water into the big tank - but extends beyond that to the effects that that extension would have on the rest of the community. There are several things in this whole process that are not exactly right. Those were things that were done in the past and we have to live with them. Some of them, the main ones, as far as I was concerned are the narrowness of the roads and the problem that it might involve in future work on the pipes, the soil and what bringing water into a poor soil area like that might do to the creek that is so close.

Councilman Schroeder - I voted not to have that water district extension and it boils down to a catch phrase that we have been throwing around for months and months. I think that the people spoke and the vast majority of people in the district and in our town came out and said that it is not in the best interest of the town and that is what we are here to do. We are here to listen to the people and make the best decision we can. I think we did a find job and we made the best decision we could make.

Reminded residents that a public hearing will be held on June 9 regarding the Time Warner franchise.

Read a correspondence from Leslie Tasse, Zoning Officer, to the Town Board that he was asked to read dated May 1, 2003. "Dear Mr. Acunto and members of the Town Board: On Thursday evening May 1, 2003 while working in the Town Clerk's Office, I was approached by Mr. Alan Grattidge, a Town Board member, to answer some questions. The Town Court was taking place and Mr. Grattidge chose to use the Town Assessor's Office. In my judgement, Mr. Grattidge's behavior was very inappropriate. Mr. Grattidge wanted to discuss the specifics of Walter and Mary Schmidt's building permit application and my reasons for denial. I review the circumstances surrounding my denial. It was clear from Mr. Grattidge's line of questions that he disapproved of my decision. In my opinion, many of his comments were accusatory, intimidating and threatening. As Zoning Officer for the Town, I am responsible for the interpretation and enforcement of the Zoning Ordinance. In the case of the Schmidt's, I used all of the information available and made a determination to deny the application. I will make myself available to the Town Board to answer any questions about the Schmidt's application or any other decisions or actions I am making as Zoning Officer. I respectfully request, however, that if my professional performance or the integrity of my office is being questioned, it be done with the entire Town Board present. At minimum, I will request the liaison to the Zoning Office be present." Bernie stated that he was not accusing anybody of a conflict of interest but he feels that there is the possibility for an appearance of impropriety. In his opinion, he feels that is an undue push and attempt to influence Alan's authority as a Town Board member on the Zoning Officer and the Planning Board. If we need to or if the Board so deems, we can take care of this. He would like to invoke the Board of Ethics to review how we go through these processes, specifically and non-specifically and how we resolve these issues. He would like the Board of Ethics to meet on this.

Supervisor Acunto stated that he had also received the letter and it was his personal decision not to deal with this at this point because he feels that it is a personnel matter and should be discussed in executive session and with counsel present because of the question of ethics which Councilman Schroeder has raised. It is unfortunate that it is now a public statement. Supervisor Acunto would like to reserve his comments until after we have an opportunity to discuss the contents of the letter with Leslie and counsel present. He would like to have us do this in executive session after our next Agenda Meeting before we proceed any further.

PRIVILEGE OF THE FLOOR:

John Simoni - Maple Avenue - This letter shocks me. This is not a personnel matter. This is an elected official matter. This is not the first time this has happened. Mr. Killeen is here this evening. Councilman Grattidge met him at his place of work one morning and he berated him over the water issue. I understand Councilman Grattidge has taken it upon himself to call our architect who designed the town hall and berated him on his plan of the town hall. The architect responded that he has never been talked to by anyone like that over any of his plans. I think you have a serious problem. It should be thoroughly discussed.

Steve Caine - Charlton Road - I have never experienced the kind of tone that I have experienced in the governance of this town where people berate other people in public before talking within the organization about it. I don't know the facts of this case, right or wrong, and that is not my call. It is the elected officials talking through it and then deciding how to go forward. I have never seen anything like this. I have never seen people stand up and berate the integrity of people in public. I don't think it is healthy for the town. I think the government is fractured by this kind of display. I hope that we can work in the future in a way that we can talk through problems together at the right level in the right venues to try to reach compromises before we get into name calling and accusatory comments.

Bob Killeen, Jr. - Charlton Road - Back in February I sent an editorial into The Gazette concerning the water district extension. Within a day or two Alan Grattidge came into my place of employment. I won't repeat the vulgarities that were used on me but I felt that the actions, the wording and the in-your-face attitude was totally inappropriate for an elected official since they are a member of the town. I would like that to be on the record. If you need written documentation, I will provide it.

Dick Lupi - Beechwood Avenue - I would like to commend the Board for their diligence and the time and the effort that they (could not understand) in this water extension issue. I commend your demeanor at the public hearing. I sat at that table for eight years and I am sure there was some tongue biting going on. Again, I commend your demeanor and restraint in listening. Thank you for the effort that you put in and coming to the decision in a professional manner.

Marv Schorr - Imperial Lane - Thanked the Town Board for sponsoring the annual Tree Give Away. You authorize and pay for it even through the Environmental Commission seems to get the credit for it.

Laura announced that the Annual Harmony Corners Chicken Barbecue is Sunday, May 25. Everyone is invited to come.

John Simoni - The suggestion was made to move this building to the proposed new location. Was that a Town Board consensus?

Supervisor Acunto - To my knowledge it has not been discussed at any meeting regarding the Town Hall. Alan spoke, I believe, to some of us individually. That is as far as I have gotten involved in it.

John Simoni - So this message to the Historic District was not a Town Board message?

Supervisor Acunto - I wasn't there. I don't know how it was presented. I know it was a thought that Alan has. As far as this member of the Board is concerned, it is on the table for discussion and there has been zero discussion.

John Simoni - Did Mr. Schmidt come to a new Town Hall committee planning meeting?

Supervisor Acunto - There is no committee. The Town Board is studying it. We have been asked to announce when we are going to have a discussion on the Town Hall so that people who are interested can attend. They are all open meetings. Nothing is discussed in a closed meeting.

Councilman Schroeder - Steve, your comments are absolutely well taken. I think you are absolutely correct. I want to explain that these comments are in response to an accusation of conflict of interest and allegations that something is not right in the Zoning Office that were made at last months meeting in a public forum. No such comments should be made in a public forum.

Because of conflicts with meetings at the Town Hall every night during the week of May 25th, the next Agenda Meeting will be held on Tuesday, May 27th at 7:30 P.M. at the Historical Society School House.

After everyone had the opportunity to speak who wished, the meeting adjourned at 8:45 P.M.

Respectfully submitted,
Gail Hanchar
Town Clerk