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DRAFT Regular Meeting October 14, 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
At this time, sealed bids were opened for ice control sand. Results were:
Tri-Ex Excavation & General Contracting FOB $3.50
Carver Sand & Gravel, Inc. FOB $3.00
Callanan Industries, Inc. FOB $5.75
CFI Construction FOB $3.50
Delaney Crushed Stone Products FOB $ 4.75
Cranesville Aggregate Company, Inc. FOB $6.25
Councilman Grattidge suggested that the Highway Superintendent review the bids and report back to us in the portion of the meeting pertaining to motions and resolutions. The lowest bidder is CFI with a cost of $5.79 delivered. Ron said he needed to check things out and he will let us know before the next Agenda Meeting.
Supervisor Acunto said he received a fax late this afternoon that we are under a high wind warning through tonight and tomorrow. Winds could be up to 60 MPH.
Supervisor Acunto stated that the next order of business would be the acceptance of the Town Board Meeting minutes of September 8, 2003 and the Agenda Meeting minutes of September 29.
Councilman Schroeder had a correction for the Agenda Meeting minutes. At the end of the last page and additional comment was omitted and should be added: Councilman Schroeder commented that we should definitely look at the communications that had been received for the last few months and make sure we had addressed every one of them.
Supervisor Acunto will abstain from the Agenda Meeting as he was not here.
Motion made by Councilman Grattidge, seconded by Councilman Schroeder that the minutes of the September 8, 2003 Town Board Meeting be accepted as amended, be approved:
Approved: Councilman Grattidge Yes
Approved: Councilman Grattidge Yes
ABSTRACT OF CLAIMS:
General Fund: Abstract of Claims totaling $15,466.51. Motion made by Councilman Schroeder, seconded by Councilman Grattidge.
Water Fund: Abstract of Claims totaling $1,249.26. Motion made by Councilman Schroeder, seconded by Councilman Grattidge.
Vouchers for the month were #936-#1059.
Councilman Schroeder asked if we have a time limit on the audit. If we pass the motion subject to audit, is there a time limit that we need to provide that audit? For some reason I believe we have 30 days to audit it and then it is a done deal. Supervisor Acunto said that on Thursday vendors will be looking for checks or wondering why they didn’t get paid. Councilman Schroeder said that is part of the question. He would like to have us ask Mr. VanVranken. Supervisor Acunto asked what is the question. Councilman Schroeder said that when we approve anything subject to audit, how long do we have to provide that audit to correct anything that needs to be corrected? He is interested in what the time limit is that we would legally have any repercussions. When we approve a motion subject to audit, what is the time line on the audit?
TOWN CLERK’S REPORT:
Gail Hanchar read the Town Clerk’s Report. She reported taking in $187.01. Motion made by Councilman Schroeder, seconded by Councilman Grattidge. PASSED UNANIMOUSLY.
PRIVILEGE OF THE FLOOR (Agenda Items):
No comments.
SUPERVISOR’S REPORT AND ANNOUNCEMENTS:
September review of expenditures and revenues:
Major expenditures:
Highway Fund – Maintenance of Roads Contractual of $18,721.80, Road Construction CHIPS of $29,304.67 and Machinery Contractual of $1,424.79.
Water Fund – Personal Services
Major revenue:
A third bird has tested positive for West Nile Virus. It was found west of the hamlet.
Stage Road at Charlton Heights Elementary School will be closed for two to three weeks, weather permitting. We have put a notice on the web page and there were two articles in the paper.
We had received an application for water from the Hoffmans at 13 Old Stage Road and received another one today for Meadow Lane. These are both “outside users”. The Hoffman application has been around for about a month. It is a hookup to a direct line. The application is not notarized.
Councilman Schroeder – Can we do anything with it? Is it a real application or is it an incomplete application?
Supervisor Acunto – Let’s take the first one from George and Violet Hoffman on 13 Old Stage Road.
Councilman Schroeder – What is the application date?
Supervisor Acunto – September 5, 2003. The other one that is notarized was notarized on September 20th.
Councilman Grattidge – Is there any problem from the Water Superintendent’s standpoint?
John Morgan – He has to have it legally notarized before I can give him the water meter. Is the one on Meadow Lane the house that sits back in?
Supervisor Acunto – The name is Safford.
Councilman Grattidge – The main is out front.
John Morgan- There are no problems there.
Councilman Grattidge – If they are going to have a shot of getting it in winter-wise, we should act.
John Morgan - They have only got until the 15th of November.
Motion made by Councilman Grattidge seconded by Councilman Lippiello, A Motion that the water application from George and Violet Hoffman of 13 Old Stage Road be approved on the recommendation of the Water Superintendent.
Councilman Schroeder – When an application comes in, before it comes to the Board, it needs to be notarized so that it is a legitimate application before it comes to the Board for approval.
John Morgan – That policy has changed.
Councilman Schroeder – It is on the application to be notarized. If it is not notarized then I don’t think it is a legal application. I don’t care if it gets notarized after. If it is on the application and it needs to be notarized, we have to do the same for everybody. I have no problem passing this as long as it is notarized within the next seven days.
Councilman Mitchell – Are we having any hookup fee or anything? I don’t know what the recommendations are going to be.
John Morgan – $400.00+ to get the meter.
Councilman Lippiello – But that has not been accepted and passed by the Board.
John Morgan – (could not understand) official change over to this plan. They have to pay the fee for tapping the main. They have to pay for everything in this case here.
Councilman Mitchell – What I was thinking in terms of was to compensate as we are not going to be charging extra for outside users any more.
John Morgan – They will come under it until it is changed. They will be a WT004 until it is changed. It will be 1 ½ times the regular rate until everything is finalized.
Councilman Schroeder – The one that is not notarized, we can run it past legal council whether it is a legal application or not. Mr. Keniry is here tonight. If it is on the application and it is supposed to be notarized, it is the same for everybody in town. So if it is notarized within the next seven days, I have no problem approving the application. If Mr. Keniry would like to make a comment that is up to him.
Mr. Keniry – I think the purpose of the notarization is to give the Board assurance that the statements as set forth within the application are true and that the person that signed the application is, in fact, the person that is on the application. We can check to see if there is some rule that says that it must be notarized. On the other hand, you are not going to hurt the town’s business by requiring people to notarize those and in this instance I think you have indicated your flexibility by allowing the applicant to correct this task.
Supervisor Acunto – This motion would be authorizing me to sign this agreement if it is notarized within seven days.
Councilman Schroeder – I would recommend after it is notarized, within the next seven days.
The Motion would be amended to read that the Supervisor is authorized to sign the water application from George and Violet Hoffman of 13 Old Stage Road on the approval of the Water Superintendent and after it is notarized, and within the next seven days.
Supervisor Acunto – The next application is for Meadow Lane. All I have is a number off the tax roll, which looks like it is 256.-1-101 B. It doesn’t seem to be the right number. This is the lot outside the district.
Councilman Grattidge – The water main runs in front of the house.
Supervisor Acunto – This one is notarized.
Motion made by Councilman Grattidge, seconded by Councilman Lippiello, A motion to accept the application from Mr. Safford, be approved:
Councilman Grattidge – I will amend that motion to clarity the tax map number is correct.
Supervisor Acunto – And who will that be up to?
John Morgan – I’ll take care of it.
Councilman Schroeder – This tax map number is contingent upon the approval.
John Morgan – The correct number will be on the application.
Councilman Schroeder – That’s not what I am saying. I am saying that this tax map number has to be an accurate number to be approved. If the tax map number is not correct, then the motion is not carried.
John Morgan – Then you people better handle that.
Supervisor Acunto – Are you saying that if this (interrupted)
Councilman Schroeder – If this is all correct, let’s go. It is a notarized legal document. If that tax map number is correct, we’re a go. If the tax map number is not correct, it needs to be corrected and resubmitted. The tax map number is a specific series of numbers and dashes.
Supervisor Acunto – You want John to verify it.
Councilman Schroeder – Yes. That’s all.
Supervisor Acunto – You are saying that if it is wrong, it is incomplete? Would you tell me what number you want that to be then because how does he know if it is right or wrong?
Councilman Schroeder – He goes to the tax map and looks up the tax map number and says this is the tax map number that matches this parcel that is requesting water. If it isn’t the tax map number that matches that parcel, then the motion can’t be carried and they have to come back and say this is our actual tax map number.
John Morgan – You might better table that because they aren’t going to get water.
Supervisor Acunto – I think we ought to table it and get the right number on it. I’m not ready to vote on it with that discussion but I’m only one vote.
John Morgan – You might rather send it back to them and tell them they have to apply next year.
The 15th of November is the last you can dig and tap a water main.
Councilman Schroeder – OK and the date on this application is?
Supervisor Acunto – The date of the notary is the 20th of September.
Councilman Mitchell – Can we vote on it contingent to their correcting it?
Councilman Schroeder – Do you want to confirm it with the tax map number, John? The tax map number is right there in those books. You can look it up and get back to us and we can deal with it tonight and not hold these people up.
John Morgan – It’s up to you people.
Councilman Schroeder – My suggestion is that you go look up the tax map number and make sure it is the same tax map number and then we can push this through tonight.
The Co-Chairmen of the Comprehensive Plan will be meeting with the Town Board on
There will be a budget workshop on October 15 at 7:30 P.M.
COMMUNICATIONS:
The Town Board members received a letter from the Reverend at Charlton Freehold Church stating that there was a power surge that took out their freezer. He was asking about the possibility of an emergency donation. Our findings with the Comptroller’s Office were that it could not be done at this time because of the contract that we have with them. We would have to amend the contract to permit emergency funding. Mr. VanVranken is checking into the legality of our making a contribution to a not-for-profit organization.
Councilman Schroeder – Is there any special dispensation that says we can give a chunk of money to somebody in an emergency?
The meeting was recessed for approximately 5 minutes due to the illness of a resident that was attending the meeting.
During the recess John Morgan checked on the parcel number and it has been corrected.
Supervisor Acunto – We now have an appropriate application that is notarized.
Motion made by Councilman Schroeder, seconded by Councilman Lippiello, A motion authorizing the supervisor to sign the water application from Mr. and Mrs. Safford, be approved:
Approved: Councilman Grattidge Yes
ANIMAL CONTROL:
Lee reported that he has had the usual number of loose dogs. He had taken two birds to the county. Last Friday he had in inspection with Agriculture & Markets. They went through his reports. He has some things to go over with Councilman Grattidge.
ASSESSORS:
They had seven small claims proceedings regarding a change in assessment. They won five, stipulated on one and lost one. Mary Fischer has been hired as a clerk. She has a background in appraisals. Hopefully in January she will be our third assessor. The assessors are recommending that people buying land and vacant land that may be in wetlands call Saratoga County and get verification from them as the scale on the maps they have is 4” to a mile making it very difficult to judge where the properties are. They will be sending out notices for exemptions. (Marge spoke regarding STAR Applications but it did not pick up on the tape recorder.)
COMPREHENSIVE PLAN:
CONSTABLES:
Supervisor Acunto – We seem to be having some problems at the Getty Station where somebody removed one of the side doors and the children in the neighborhood decided it was a good place to meet in the evening. Supervisor Acunto talked with someone in Property Management at LeeMilt and they promised they would have the building boarded up today or definitely tomorrow.
Councilman Schroeder – Perhaps with that door open it would be a good time to send the building inspector out to see if it is time to condemn that building. He could see inside and see if the roof is leaking or collapsing. Years ago it was already leaking. We can’t break and enter but if the door is open he could walk in.
Supervisor Acunto – It may be boarded up as we speak. I became aware of it late yesterday afternoon with a message on my answering machine and looked into it this morning.
ENVIRONMENTAL CONSERVATION COMMISSION:
They will be responding to a request from the board to make a recommendation about the Getty station along with the Park Committee. They have done some investigating and had a discussion on it and will be giving a report on that. After they present the report, they would like to set up a meeting with whomever the Board thinks is appropriate. They will have a recommendation ready for the November Town Board Meeting. They have also been reviewing some variance requests.
HIGHWAY:
They are finishing up on the roads. They have been working on the salt shed. It is progressing but they don’t know if it will be closed in before snow. Bartz Excavating has contributed their time and machinery to construct a volleyball court in Elmer Smith Park. It is almost finished. The drainage is pretty well in.
HISTORIAN:
This week and next week are Archives Week. County Clerk Kathy Marchione, in celebration of Archives Week this year, has set up a project called The Wonderful World of Museums to recognize museums and historic sites throughout Saratoga County.
HISTORIC DISTRICT:
They held a meeting on September 27 to discuss the lighting district and to start looking for estimates and what the requirements would be. Torben is helping with designs for period lights on Main Street. The signs are ready for the district and should be delivered by Friday. Two houses sold in the last two months. Doris thanked the Charlton Historical Society for the beautiful transformation that has taken place in the District 8 School House.
PARKS:
Elmer Smith has a new volleyball court. The drainage has been improved. Ron asked if we would put together a resolution for Bartz Excavating for their work in the park. Councilman Lippiello will do that.
WATER:
John has had several calls in regard to fluoride in the water. We have no fluoride in our water.
LIBRARY:
They are reviewing their policy book. This will continue for some time.
The Water Study Committee gave its presentation at this time. Councilman Lippiello thanked Jim Leupold for putting together the Water Study Committee booklets. Copies are available in the Town Clerk’s Office. Some of the things in the report will have to be acted on at a future date after review and study.
Councilman Lippiello – The Charlton Water Study Committee began its work in March and has met almost monthly since then. Committee Members are: Steve Caine, Dick Lupi, Chuck McLoughlin, John Morgan, Joe Marchesiello, Al Smith, Jim Leupold, Janet Reville, Dean Durst, Doug Flint, Mark Chotkowski and Dennis Russell (Asst. Water Superintendent). Our first few meetings were filled with questions and were a learning experience for a lot of us coming to an understanding of how the water system works. We eventually developed a group of problem statements that reflected the areas that we felt needed study and which were proposed to the committee from the Board.
The Water Study Committee Problem Statements were:
The second group dealt with the potential for additional hookups from within the district, evaluate vacant land within and outside the district and to consider areas for possible growth and limited to south of Charlton Road because of the elevation increase north of the road which typically would require additional pumping to move water in that direction.
Steve Caine – Basically these would include #2, 3, and 4 of the problem statements. The problem statement is to survey additional water requirements. It is the district area south of Charlton Road but also a little bit in the northwest corner south of Charlton Road but the elevation is higher than the water tank so you would need pumping so that was not evaluated. Sources of our data were the County Planning, their GIS, tax maps, soil maps, John Morgan and Janet spoke with Kathy Hanley. We evaluated 4,286 acres at that area south at level of the current water tower and below. In that area according to the County GIS, there are 57 acres of wetlands and 156 acres of slopes greater than 15 and that would make it hard to develop. Within the water district there are 546 homes already hooked up. Within the water district, now we are looking at potential growth now, there are 70 homeowners that right now have a right to hookup as they have paid the bond off but are not hooked up to the water system. We looked at the land within the water district in accordance with our zoning laws that have 2 acres and frontage regulations and we saw that there was an additional possibility of 3 extra lots within the water district. There are 151 homes outside the water district that aren’t hooked up. I need to talk with you about the analysis of the land and potential lots in the future. How do you scope how the land south of Charlton Road might develop? What kind of growth level are you going to have? We decided the only thing that you could do was apply the laws that exist right now and worse case it. We subdivided everything but the Charlton School and realize there is land like the LaRue Farm that has been there for years. I can’t conceive that being subdivided. Our charter was to figure out a way to represent what the worst demand would be on the system. We applied the DEH regulations on health. We looked at the soils map and saw where percolation would be constrained. We looked at zoning laws. Of the land we had, we subdivided and then reduced that area by 12% at the recommendation of County Planning. That was reduced for infrastructure, etc. Therefore, if you took all the land south of Charlton Road and subdivided it, you could get 787 2-acre building lots and that’s worse case.
Janet Reville – Spoke regarding #5, The Water Usage Chart. We look at water usage because there were different comments made in the course of the last year that our tank was beyond capacity for the water users within Charlton. Janet called the NYS Department of Health and found out that there is no NYS law that governs how many gallons a day a tank has to flow in order to sustain a certain number of users. There are recommendations. According to this water district, the recommendations basically were to look at what you have used over the last 5-11 years and base that on an average and determine what your usage is as opposed to locking in a specific number. Janet collected two different sorts of data. One was the data strictly off of our pump records so it was the gallons used every month coming out of our pump. The second set of data over the same number of years was a sample of 95 homes and got
Councilman Lippiello – The spiked number of 1997 and 1998 threw up a red flag for us, as we seemed to be approaching or exceeding the maximum capacity of our tank. Our daily average use since those two years has dropped and dropped and dropped. We were at 150,000 gallons in 1997. 155,000 gallons in 1998. 123,000 gallons, 102,000 gallons, 108,000 gallons and 107,000 gallons in 2002. 61 is a flexible number and we will talk with you about why it is.
Dean Durst will speak on #6 – Evaluation of a loop. They evaluated three different options for a loop to the water system. We have a single source of supply across the Alplaus Creek down by Charlton Heights Elementary School. This supplies the entire town and also feeds the water tower. What a secondary loop would do is give us an alternate source in the event of some kind of a breakdown in the main across the Alphas Creek. The town could be without water until such time as the break has been repaired. Part of the plan is also looking at some kind of an emergency plan to either run a temporary pipe or hoses or whatever across the creek to continue feeding the town. The installation of a secondary loop would accomplish that on a permanent basis so you would always have the capacity to back feed the loop and maintain a water supply for the entire water district. We looked at a loop running from Bolt Road on Swaggertown all the way to Vines Road. We made some assumptions overall in doing this. I was on a committee with Doug Flynn and John Morgan. We didn’t have engineers pricing things out. We made assumptions that 12” ductile iron line insulation would be roughly $40.00 per foot in clay and $60.00 per foot in shale. Fire hydrants would be approximately $2,000.00 each. We looked at the number of residents along that particular route to see how many people (could not understand). What we can up with was that from Bolt Road to Vines Road it would cost $737,000.00 to run a main. That was the highest total cost of the three loops that were evaluated. The cost per hook up would be $10,000.00 per individual with approximately 77 residents along that line. That actually would be the most beneficial to existing town residents. There are a lot of people up and down Swaggertown Road, myself included, and I would gladly pay that amount to have a good reliable source of water.
The other option we looked at was running from Dawson Road, down Crane Street, down Newman Road and then up Swaggertown to Vines. That one also came in at approximately $10,000.00 per user and that would be based upon the number of houses we currently have along that route plus additional building lots that would be able(could not understand). So that totals $572,000.00.
The third option we look at was Lakehill Road to Little Troy. When the original water main was put in, and of course that comes across by Little Troy and Old Stage Road up Lakehill Road. From Lakehill Road down near the Mourningkill back up to that Little Troy section would cost $366,000.00. That would be the lowest cost overall to install, however, it would be the highest cost per hookup at $26,000.00 per residence.
In our breakdown we included the cost of fire hydrants, pump station meters (could not understand). I think one of the things that our analysis is good for in the future is planning for the town. I know there is talk of a Master Plan for the Town of Charlton. I think the results of the Water Study Committee really lend a good(could not understand) Master Plan (something about infrastructure). We have approximately 60 houses left that can hookup to the existing system without additional storage. Our figures in here are just for running water mains. It does not include storage capabilities. We have an existing 150,000 gallon storage tank. Anything above and beyond 60 additional hookups would require additional storage. There are a number of places available to put tanks in and depending on the size, we would need to determine whether we want to add 50,000 gallons eventually, 150,000 gallons eventually or 400,000 or 500,000 gallons storage. It depends a lot on where we feel the development track of the town is going. I feel (could not understand) potential development within the town, especially south of the village.
Councilman Lippiello – The last charge was the maintenance of the system. This is an area John and Dennis have done for years from the daily routine care to seasonal work to long term projects. The water district will need to have these procedures written out in a district manual similar to the rules and regulations. This is something John and Dennis will be doing in the near future.
On the last page of the report are 5 recommendations that the Committee would make to the Board for the Boards consideration:
1. Develop a plan and schedule for the replacement of the water supply under the Alplaus Creek.
Supervisor Acunto suggested the possibility of creating a Water District Advisory Committee made up of many of the people who participated in this report. We could ask that they report back to us quarterly.
Councilman Schroeder said he would support that. Congratulations to the committee. He would like to see this report made again at the Agenda Meeting or the next meeting. He feels a lot of people would like to see this.
Copies of the Water Study Committee Report are available from the Town Clerk.
ZBA:
They have a meeting tomorrow night.
ZONING ORDINANCE REVIEW COMMITTEE:
They met last month. They started with a list of possible changes suggested by the various boards and committees and by the last committee that was appointed to look at this. They received some comments from the Town Attorney. They have since added to the list as some committees have come up with other problems that they thought would be appropriate. Meetings are open to the public. They are the last Wednesday of the month.
ZONING ADMINISTRATOR:
For September building fees collected were $2,162.00, zoning fees were $90.00. We are still looking for an assistant zoning administrator. Councilman Schroeder would like to see it advertised in the newspaper. We need an assistant in that office. Leslie is here almost every night of the week.
Councilman Schroeder – Leslie is requesting a computer. She needs a computer. The computer in there is dead. She contacted Kathy. Kathy had Gail contact Leslie and tell Leslie that she needed to send a formal letter to the Board. I told her to hold up on that and we would talk about it at the Board Meeting because no request came from Kathy to the Board, from Gail to the Board, from the Assessors to the Board for the new computers that have come in. She has to have a computer. It’s absolutely essential. She can use her budget. There is absolutely no reason for her to go through any allocation process. What I am asking the Board right now to allocate monies for the Zoning Administrator to do her job. Kathy is requiring her to send us a formal letter. I don’t think we need a formal letter. I am asking for the Board to authorize Leslie to use her funds that are in her budget not to exceed $3,500.00 for a computer/printer.
Supervisor Acunto – Since we took on the policy of having Craig Jones be the advisor as to the type of equipment to purchase, that has been the policy we have been following. I believe that’s what the recommendation was that once the Board request was made that she be directed to go to Craig Jones and tell him her needs and his recommendation and what she should be thinking about purchasing.
RESOLUTIONS:
Motion made by Councilman Schroeder, seconded by Councilman Grattidge that Resolution #78, A RESOLUTION TO IMPOSE A HALLOWEEN CURFEW, be approved:
Approved: Councilman Grattidge Yes
Motion made by Councilman Schroeder, seconded by Councilman Grattidge that Resolution #79, A RESOLUTION TO HOLD A PUBLIC HEARING ON THE 2004 BUDGET, be approved:
Approved: Councilman Grattidge Yes
Supervisor Acunto – The next is something that we don’t normally do when we want to sell an asset of the Town. We usually do it by sealed bid. It seems that there is a potential buyer that is very anxious for this piece of equipment and has offered a very nice price for it. I had asked the Highway Superintendent to make sure that what this person wanted to pay for it was above or at least equal to what it was appraised at. Ron got two appraisals on the piece of equipment. One was for $2,750.00 and the other was for $2,850.00. This individual wants to pay $5,000.00 for the piece of equipment. To allow this to be done we have to pass a resolution to sell it.
Motion made by Councilman Schroeder, seconded by Councilman Grattidge that
Approved: Councilman Grattidge Yes
Councilman Schroeder – Leslie, I was explaining the computer issue. My understanding was that Kathy sent back the message through Gail that you needed to apply to the Town Board in a written format.
Leslie Tasse – She would not give me a purchase order number to order the computer unless I put something in writing to the Town Board for approval.
Councilman Schroeder – And how about using your budget?
Leslie Tasse – She said I didn’t have money in my budget.
Supervisor Acunto – We would have to do a transfer which is no problem.
Leslie Tasse – I have not spent any money since 1994.
Councilman Schroeder – You should have $3,000.00.
Supervisor Acunto – We don’t have carry over in our budget.
Leslie Tasse – But I have $3,000.00 in my budget.
Supervisor Acunto – I don’t have the balances out of your contractual so I can’t tell you what’s in there.
Councilman Schroeder – You haven’t spent any money?
Leslie Tasse – I haven’t.
Supervisor Acunto – I don’t know what’s in there so I can’t say there is or not. We may have to do a transfer. The way it was related to me was to give the message to you because I had talked to Kathy was that there had to be a request made to the Board. I never said in writing so I don’t know where that came about. A request has been made. The second portion of that is that we have set up a policy that Craig Jones is our computer hardward (interrupted)
Leslie Tasse – (could not understand) in touch with him
Supervisor Acunto – and to be in touch with him to discuss your needs and to determine what exactly what he should be purchasing based on his recommendation and go from there. We have done step 1. You have made the request. It is on record. Step 2. I am sure the Board is going to authorize the expenditure. You have talked with Craig so we go from there.
Leslie Tasse – OK.
Supervisor Acunto – You have already talked with Craig and you know what you need.
Leslie Tasse - We have been playing phone tag and it is going to be very similar to Gail’s except that I will need a couple of (could not understand).
Supervisor Acunto – So you’ll work with Craig to arrive at that and then we will make the necessary…..You’re going to do it under state contract. That is the way we have bought the last pieces of equipment. They were bought under state contract, which is a cleaner way to go. If not, we have to go out and get estimates.
COUNCILMAN REPORTS:
Councilman Schroeder – I have missed a few meetings this summer for military duty and I apologize for that. I want to make sure we have addressed all the correspondence, we have announced all the correspondence we have received and addressed it all for this past summer. We will check into that before the next Agenda Meeting so we can address that. I want to make sure that we have ALL the correspondence taken care of because we found out from Mr. VanVranken, if we get a correspondence we are required to announce that we have received it even if it is something that we have to go to executive session for. So we can do that before the agenda session on the 27th and double check that?
Supervisor Acunto – How do you expect to check it?
Councilman Schroeder – I just want to make sure that if there is any outstanding correspondence that we have received that we can deal with it on the 27th. I know that we have a letter from Leslie from spring that I would like to set up an executive session for. We haven’t dealt with a request from an employee. We need to deal with that. I would like to set up an executive for the 27th of October to deal with a letter from the Zoning Administrator that has specific requests in it that we have not addressed. Then I want to make sure we have addressed everything that we have received. Is that clear?
Supervisor Acunto – No.
Councilman Schroeder – It’s not clear. We got a letter from the Zoning Administrator in the spring that has specific requests in it. I missed meetings in the summer for military duty. I didn’t bring it to the table to remind everybody to address it. There are specific issues in that letter that requested this Board to address specific issues. That I am aware of, we haven’t addressed it. I haven’t been involved in addressing them. I’m asking that the Board review that letter before the 27th of October and we address the specific requests of the Zoning Administrator that were in that letter. If you don’t have it, Fred, I can find it and leave you a copy.
Supervisor Acunto – Why is the burden on me?
Councilman Schroeder – No. You looked like you were lost. If you don’t remember the letter, I will pull it out of my file and give you another copy.
Supervisor Acunto – My last recollection of that particular letter that you are talking about was that the Zoning Administrator had asked that that meeting be held when you were here.
Councilman Schroeder – OK. I’m asking for it to be on the 27th.
Supervisor Acunto – I have no problem with that. The tone of your message is that there is something that this Board has not done.
Councilman Schroeder – Not at all. Don’t take it that way at all. I’m bringing it up as a point of order and that is all it is. We have a letter that had specific requests……
Supervisor Acunto – You can ask for an executive session on the 27th.
Councilman Schroeder – I just did that.
Supervisor Acunto – We can’t vote on an executive session tonight for a meeting you are asking for on the 27th.
Councilman Schroeder – We aren’t voting on anything. I’m just bringing it up because we need to have good communication and say we are going to do it. You made your announcement in the Supervisor’s Report about Expenditures & Revenues. I would like to get a breakdown of what the attorney fees were between the Article 78 and the Walt and Maggie Schmidt issue.
Supervisor Acunto – You want to see those vouchers?
Councilman Schroeder – I just want a breakdown of what the funds that we expended are on those two things.
Councilman Mitchell – Commended the members of the Water Study Committee for a great job. Believes it would be good to have a standing committee.
Councilman Lippiello – Expressed his sympathies to Councilman Jim Briaddy in Ballston and his family for the loss of his wife and their mother.
PRIVILEGE OF THE FLOOR:
Supervisor Acunto – There is a report from the Supreme Court on the Article 78. I have asked Bill Keniry to speak publicly on an interpretation of the report. The Board has received copies of the judge’s decision. Some of it requires a layman’s interpretation.
Bill Keniry – I will try to be as brief as I possibly can. In the first instance, I would like to address the Board in executive session format so everyone is crystal clear. Capital Real Estate, Inc. and others have a pending law suit against the Town with respect to the water district. I would like to leave it at that. However, the Town Board has asked me to at least indicate that at this point in time, the submissions to the court were voluminous on behalf of the town. There was a considerable amount of energy dedicated on the Town’s behalf in order to apprise the court of a full, fair and accurate status of the matter and extends over a ten year period of time. With respect to the decision itself, there are several pieces of the decision that, in fact, are truly complimentary to your Town. The single portion of the decision that we must now at this point address and is the purpose of my speaking at this moment, is that I am suggesting and recommending that the Board consider a resolution calling for a public hearing for some very specific purposes. The first purpose is to receive in evidence a report from the Town Attorney, Mr. VanVranken, that is dated April 28, 2003 which is a summary of a report and technical information obtained from Mr. Morgan. Secondly, the Board would convene to receive in evidence in a more formal manner, a report that had been prepared by Environmental Design Partnership dated April 16, 2003. Then the applicant, Capital Real Estate, would be afforded an opportunity to refute or otherwise try to contest Mr. Morgan’s technical information and the technical information that had been prepared by Environmental Design Partnership. Thirdly, the Town Board would at that point have the ability to receive other further evidence, and I think this is significant, as the Town Board deems pertinent. It affords your Town Board an opportunity to consider a significant quantity of information. In looking at the calendar it would be our suggestion that you will consider conducting a public hearing, perhaps the second Tuesday in November or November 11. I believe that is your regular Town Board Meeting.
Supervisor Acunto – The second Monday.
Bill Keniry – That’s fine if it’s the second Monday. It would be the 10th. I wanted to give myself enough time in order to post the notice. At this point I would ask that you consider a resolution directing that public hearing. To some extent you can rely on the purposes I have identified. They are the purposes of the public hearing, those three points.
Supervisor Acunto – I have no problem with anything you have said. We can do something tonight in a generic resolution establishing a time and date for the hearing. After having looked at some of the decision that came out of the Supreme Court I would be more comfortable if you formally prepared the resolution or do you think that is not necessary.
Bill Keniry – I am prepared to provide you with that formal written resolution and I can do it tomorrow. I do recommend that you do take action with respect to scheduling a date.
Supervisor Acunto – Shall we hold it before the Town Board Meeting on November 10th at
Councilman Grattidge – Is this report going to be read publicly or just that we are accepting these two reports?
Bill Keniry – I don’t know that you would absolutely need to read them publicly. Certainly you may. I think that for purposes of the public hearing it is sufficient to identify them by their title, by their date and by their author to indicate what they are and then the Town Board can simply say we have received these reports in evidence.
Supervisor Acunto – The petitioner has received these documents already.
Bill Keniry – That is correct. The petitioner has the reports. It would be your pleasure if you wish to read the entire report. That would be perfectly fine.
Supervisor Acunto – I would rather do the short version if it is proper.
Councilman Schroeder – I would ask that we do it at 7:30 P.M. I have a problem on
Janet Reville – I don’t understand what is happening.
Supervisor Acunto – Let’s resolve this date and time. The November 10th date is OK because it is a scheduled Town Board Meeting. The question is time. We are on record in our formal resolutions of starting our Town Board Meetings at 7:30 P.M.
Motion made by Supervisor Acunto, seconded by Councilman Schroeder that Resolution #81, A RESOLUTION TO HOLD A PULIC HEARING ON NOVEMBER 10, 2003 AT 8:30 P.M. FOR THE PURPOSE OF PUTTING INTO EVIDENCE THE DOCUMENTS FROM TOWN ATTORNEY VAN VRANKEN AND ALSO THE REPORT OF OUR TOWN ENGINEER, ENVIRONMENTAL DESIGN PARTNERSHIP, IN REFERENCE TO THE CAPITAL REAL ESTATE PROPERTY WITH AN OPPORTUNITY FOR REBUTTAL TO THOSE REPORTS. THE TOWN BOARD MAY RECEIVE SUCH FURTHER EVIDENCE AS THE TOWN BOARD DEEMS PERTINENT, be approved:
Approved: Councilman Grattidge Yes
Supervisor Acunto – The press had asked if they could view the decision. That is public record. There is no reason it could not be seen, right?
Bill Keniry – It absolutely is a public record.
Supervisor Acunto – It was Mary Lannon who made the request.
Motion made by Councilman Lippiello, seconded by Councilman Schroeder, A motion to hold an executive session following the Town Board meeting to discuss litigation regarding the situation Mr. Keniry has brought before the Board tonight, be approved:
Janet Reville – Can anyone get a hold of these documents?
Supervisor Acunto – They were made public at the public hearing. We said that we had them. Did we not Bill?
Bill Keniry – Actually they came in after.
Supervisor Acunto – They came in during that period after we adjourned.
Jim Leupold – What is the purpose of presenting it as evidence at a public meeting?
Bill Keniry – It is as simple as a formal acknowledgement of receipt and also an opportunity for the applicant to look at it.
Supervisor Acunto – When you read the decision of Judge Nolan he makes reference to the issue that we basically did not follow the proper procedure in response time and we didn’t get those two documents. They say we never gave them an opportunity to respond and that is what the judge is asking us to do is to hold another public hearing, accept into evidence those two documents and give the petitioner, which is their attorney, an opportunity to respond. Now that we have this date, I am sure that counsel will be notifying the petitioners of the time and date and I anticipate that they will be here.
Jim Leupold – Is anything expected from the Board to respond back to the refuting of the petitioner?
Bill Keniry – Absolutely nothing is expected from the Board at that time. If you read the decision, the third prong of it provides and affords to the Town Board a tremendous amount of latitude in terms of its decision as to what other evidence it chooses to receive at that time.
Dean Durst – Will the public hearing only focus on these items of information or does that open the public hearing all over again with regard to any aspects of the subdivision(could not understand).
Supervisor Acunto – It is a public hearing. Anyone who wants to speak can speak.
Jim Waite – Charlton Snowmobile Club – Would like permission from the Town again to run their trail over Town property as they did last year. They would take into consideration what the Town would like them to do in order to do it. They have spoken with Mrs. Kavicky and she is very happy with the way things went last year.
Supervisor Acunto – Have you spoken with the Serapilios?
Jim will speak with the Serapilios and do anything they can do to make it better for them. We want everyone to be happy.
Student – Asked if there had been problems on Halloween night that has caused the Town to have a curfew. Supervisor Acunto said we have had a curfew for many years to stop problems before they happen as there had been problems in the past.
Steve Caine said that Mrs. Kavicky wants to be accommodating with the Snowmobile Club. Last year there was a commitment that they would not run near her home at certain hours. He would like the best possible job be done to enforce that? Jim Waite said NYS law requires that from Midnight to 7:00 A.M. there is a curfew within 100 feet of a dwelling.
The next Agenda Meeting is October 27 at 7:30 P.M.
The next Town Board Meeting is November 10 at 7:30 P.M.
After everyone had the opportunity to speak wished the meeting was adjourned to an executive session at 9:35 P.M.
Respectfully submitted, |
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