Agenda Meeting Minutes
July 28, 2003

Those present: Alan, Bob, Dot, Bernie and Fred.

The meeting began at 7:30 P.M.

Fred stated that the public hearing which had been scheduled for 7:00 P.M. for a water hardship variance by Vern Ketchum for Crooked Street has been cancelled because the hardship request was withdrawn.

At the next Town Board Meeting the minutes of the July 14Town Board Meeting and tonight’s Agenda Meeting will be approved.

Supervisor Report will include:
July revenue and expenditures
The Children’s ID Kits arrived today. Distribution will begin on August 8. We will do a press release and place an article in the next Newsletter.
Steve Caine and Debra Herrin are having a Comprehensive Plan Informational Meeting on September 10 at 7:30 P.M. at the Freehold Church. It is on the web page.
The ZBA is still looking at the Cell Tower Ordinance. We are hoping that once we get it back that will be the final step before a Public Hearing.
Fred spent several hours with Town Attorneys on Friday regarding the Article 78 proceeding. They are positive about the way it will go. The paperwork goes in front of Judge Nolan next week and then we wait for a decision. Fred has a copy of the executive summary. Gail will place it in the safe.
Kathy’s computer needs to be replaced. She is going to hold off until after the billing is done for the water bills.

Communications:
Fred received a letter from ORPS. Marge sent them an application for tri-annual aid assistance.

Resolutions:
Motion made by Councilman Lippiello, seconded by Councilman Grattidge that Resolution #71,
A RESOLUTION SETTING WATER USAGE RATES FOR CHARLTON WATER
DISTRICT #1 FOR THE YEAR 2003-2004, be approved:

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

Constables:
There has been a rash of mailbox and paper tube damage along Swaggertown Road. They are also cutting open the papers that are dropped off early in the morning.

Highway:
They will begin paving next week.

Historic District:
Dot has spoken with Sandy Misiewicz from LandWorks. She would like us to adopt a resolution regarding acceptance of the plan for Main Street. She feels a resolution from the Town Board would be helpful in applying for other grants. She will send us a sample resolution.

Parks:
A resident would like to donate a bush as a memorial for a family member.
Ron and the Highway Department planted 32 sugar maple trees this week which were received free from Saratoga County Soil and Water Department. There are more coming.

Planning Board:
No meeting in August

Records Advisory Board:
The Fugitive Records Workshop was held. It went well.

Water:
Bob received a letter from a couple that have purchased land on Meadow Lane. The land has no town water. They could not find an adequate amount of well water and would like to apply as a hardship case to the Town Board. Bob feels that it is impossible to act on this before the moratorium is over on August 19.
Fred - After August 19 it would be a matter of getting an application from John Morgan and then the Board would decide what it wanted to do because it is outside the district. The policy now is that any applications come before the Board for approval. No public hearing. Just a discussion.

It was decided that Bob will contact them and let them know that we can’t get this in within the time of the moratorium where it would be considered as a hardship case. He will have to make an application to John Morgan.

Alan - Do we still want to have a public hearing regardless of the moratorium to gather facts for applications? We need to make decisions on a case by case basis based on need, etc. The property on Meadow Lane has a main in front of it. It is a much different situation than other ones that don’t have mains in front of them.

Fred - That would be a change of policy. Right now, if someone wanted to come in as an outside user they would go to John Morgan, complete an application and then bring it to the Supervisor to sign off. From day one, every Supervisor would sign off. We’ve decided we don’t want to do that anymore but will make it a Board decision. We have never discussed the concept of a public hearing on every application. Is that what we want to do? How would we go about doing it?

Alan – It was my understanding from Mr. Tabner that if we take these people in and make them part of the district, then we would have to have a public hearing. It depends whether you are going to treat them as an outside user or if we are going to start a procedure where as people come in to apply, they would have to go thorough a procedure to become part of the district.

Fred - That would be a lengthy process because that requires going to DOH, DEC, doing a SEQR and having a public hearing. I think we will need legal council if we decide to change our process and require a public hearing on every application that comes in. John has told us that he feels the use of outsider users is no longer allowed under state law.

Bob – We need to find out what the process would be for incorporating people into the district. My understanding from Mr. Tabner was that at a set time, six months to a year, all those people who have come into the district would then be incorporated in this process we have been looking at for cleaning up the last 12 years of outside users. My understanding was that we can do it as a group application and make it one extension. Mr. Tabner indicated that many towns do it in a group acceptance rather than doing one by one.

Fred – We have outside users right now. We were talking about not having outside users. People out of the district are going to be considered at some point as water extensions, which would mean DOH, DEC, and SEQR.

Bob – It could be done at one time as a group. Your concerned with the limbo between the time they are adopted and we incorporate them into the district?

Fred – We have one on Hillview. John Morgan is talking about two on Old Stage that are waiting for the moratorium to end. We are talking about adding these people on as the requests come in and then at some point when we adopt this resolution, all of the new ones, including the old ones will become Water Extension Number 5? Who goes to DEC and DOH? The Town?

Bob – That I don’t know.

Fred – We need Mr. Tabner here. Should we set a workshop with Mr. Tabner sometime in August or September and not act on anything that comes our way?

It was decided to have a workshop with Mr. Tabner following the August 25 Agenda Meeting to guide us through the process. We will accept any applications that come in with the understanding that we will take no action on any applications until we have had an opportunity to meet with Mr. Tabner for direction.

Alan – And the town engineer and the water study report. We will need that information to know how we are going to proceed after the moratorium is over.

Bob – Why do we need Jim here?

Alan – I think before we are going to be able to set up a procedure of who we are going to accept and who we are not going to accept, we will have to understand where we are with capacities and pressures and all that. Part of this is the application process that we will have to have worked out better and the other is where the water system itself stands as far as adding on users with our present capacity.

Bob – The Water Study Committee will meet in mid-September with the hope of wrapping things up and hoping to make a presentation in October.

Fred - There will be no decisions on any of these applications until WELL into September or October. We will make it clear to John Morgan that he can distribute application forms and get them back but there will be no action until we have gone through this learning process of our own.

Bob will call John Tabner and set up the meeting for August 25. He will talk with John Morgan about how he should proceed with any requests.

Councilman Reports:

Dot – The resolution for the Historic District should be ready.
Bob – He will not be here.
Bernie – He will not be here. He will be away on active military duty again.
Alan – Nothing at this time.

The meeting was adjourned at 8:00 P.M.

Respectfully submitted,

Gail Hanchar
Town Clerk