DRAFT

Regular Meeting August 9, 2004

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 7:30 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 Sandra Verola

Supervisor Ferdinand Acunto

Motion made by Councilman Lippiello, seconded by Councilman Verola that the minutes of the July 12 Town Board Meeting be accepted as received:

Approved: Councilman Grattidge Abstain

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Abstain

Motion made by Councilman Grattidge, seconded by Councilman Verola that the minutes of the July 26 Agenda Meeting be accepted as received:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

ABSTRACT OF CLAIMS:

The total of the bills approved at the Agenda Meeting was $25,315.06.

Vouchers for the month were #1727-#1807.

TOWN CLERK’S REPORT:

Gail Hanchar read the Town Clerk’s Report. She reported taking in $236.97. Motion made by Councilman Grattidge, seconded by Councilman Mitchell. PASSED UNANIMOUSLY.

PRIVILEGE OF THE FLOOR: (Agenda Items):

No comments.

SUPERVISOR’S REPORT AND ANNOUNCEMENTS:

July expenditures and revenue:

General Fund – Expenditures of $28,274.39. Revenue of $16,321.86.

Highway Fund – Expenditures of $29,656.04. Revenue of $110,104.31.

Water District #1 – Expenditures of $4,458.33. Revenue of $767.60.

Water District #2 – Expenditures of $176.07. Revenue of $5.25.

Major expenditures:

General Fund – Contractual Law for Water District #5 and part of the Grabo Subdivision of $3,799.25, Engineering Contractual of $1,151.50, Buildings Contractual of $3,224.69 for architectural work by Peter Bradley and work on the alarm system, Ambulance Contractual of $2,431.00 and Planning Contractual of $2,018.00 for the Comprehensive Plan.

Highway Fund – Maintenance of Highways of $6,384.72 and Machinery Contractual

of $1,417.54.

Water Fund – Transmission and Distribution of $2,805.17.

Major Revenue:

General Fund – Sales Tax Distribution of $10,543.00, Safety Inspection Fees of $2,046.00 and Planning Board Fees of $1,200.00.

Highway Fund – Sales Tax Distribution of $94,365.00 and CHIPS of $15,259.00

The web site had 781 hits last month.

The County Office of the Aging will be doing a presentation at our September Town Board Meeting. Sandy Cross will be here.

The Town is now part of the State GIS Data Sharing Cooperative. This enables the Planning Board, the ZBA and ECC to enter into and investigate any data within that system. Each Board has received the confidential password and ID number.

We have had a problem with rodents in the building. Councilman Verola will have a report later in the meeting.

Requests for the 2005 Budget are out. Supervisor Acunto has asked that all submittals be to him by August 31.

We received a notice from the Department of Health that there have been 3 reported cases of rabid raccoons in the West Charlton area. If anyone has any concerns they should contact Lee Bramer, Animal Control Officer or the Town Hall.

COMMUNICATIONS:

We received a request from the Historical Society for a study of the Veteran’s Board in Gideon Hawley Park regarding the criteria. This letter was discussed at the Agenda Meeting. We will be appointing an ad hoc committee to investigate the issues.

We received a notice from the NYS Office of Real Property Tax Service establishing our Final Equalization Rate for this year at 100%. There is an attached list of the Tentative or Final Equalization Rates for some of our surrounding towns. The Town of Ballston has a Final Equalization Rate of 100% which is a per cent change of 7.39. The Town of Charlton had a Final Equalization Rate of 100% which is a per cent change of 16.07. The Town of Galway has a Tentative Rate of 85% with an increase of 7.06.

ANIMAL CONTROL OFFICER:

Has had a busy month. There have been complaints of dogs threatening people who are walking at dusk. Lee only knows of 1 case of confirmed rabies and 2 suspected cases. Those animals (a raccoon and skunk) were never tested because Lee was not aware of them until about a week later. All these animals were within 1 mile to a 1 ½ miles of each other. He had to put down a wild cat or barn cat that was definitely sick but tested negative for rabies. Lee stressed that all dogs and cats need to be vaccinated. We will put an article in the fall newsletter.

ASSESSMENT BOARD OF REVIEW:

A report was read regarding Grievance Day results for 2004. The Board rendered decisions on each of 251 grievances. 131 tentative assessments were reduced administratively by the assessor and the taxpayer using the stipulation process. There were a total of 10 corrections due to clerical errors. Of the remaining 110 complaints, 69 resulted in reductions or 63% and 41 or 37% were unchanged. Last year in 2003, the Assessment Board of Review considered a total of 71 grievances, historically a high count, but that was a year that we experienced a town-wide reval. There were 13 stipulations, 9 corrections due to clerical errors, 20 complaints resulting in reductions and 29 complaints remaining unchanged.

ASSESSORS:

On July 8 the assessors held a meeting with NYS Office of Real Property Tax Service and Carol Holly from Saratoga County. They went over procedures and the process that was followed for the annual update.

They received in the mail today a report that we have been assigned a Special Equalization Rate for school tax purposes only of 113.29%. This increases our STAR Exemptions. The basic STAR will increase from and income of $30,000.00 to $33,190.00. The senior STAR will increase from $50,000.00 to $56,650.00.

Vicki stated that as of last month’s meeting she was appointed as Chairman of the Board of Assessors. The Assessor’s Office is now open Tuesday and Thursday mornings from 9:00 A.M. until Noon and Tuesday evenings from 7:00 P.M. to 9:00 P.M.

12 small claims cases have been filed with Saratoga County. They are being scheduled.

If town property owner’s want to come in and talk about their property, now is the time to do it because they are starting over again for the next year.

Supervisor Acunto said there was an issue with branches on someone’s property and he believes it comes under the assessors as a fence viewer. Vicki said at training this week in Utica there was a discussion about fence viewer. Supervisor Acunto said that in some section of Town Law fence viewing issues become the purview of the assessors.

Vicki said she is taking her final class and assuming she passes her test on Friday, she will be a state certified assessor.

Councilman Grattidge clarified that ORPS assigned us an equalization rate of 113%. Vicki said that was just a special equalization rate for school tax purposes only. Councilman Grattidge asked if their interpretation was that we are over our 100% equalization rate? Vicki isn’t sure what their criteria was for developing that special equalization rate for schools. She will contact them. Vicki said this rate will be reflected on this year’s school bill. Councilman Grattidge asked if we were still on track to do another annual update this year? Vicki said that the plan is that when we committed to this last year it was a 6-year plan. Her plan is to stay with that plan but she has to submit budget requests by the end of this month.

COMPREHENSIVE PLAN:

The Town of Charlton Community Image Survey results are posted on the Website. The survey used 126 slides and is an objective analysis of the visual preferences and dislikes of the townspeople that participated. Among other things it provides, the survey describes common characteristics of very negatively ranked slides and very positively ranked slides. One could say, it provides objective and specific characteristics of what our townspeople feel small town, rural or period character mean. I believe Councilwoman Verola intends to share the results of the survey with the architect the Town Board selects to design the Town Hall.

The Steering Committee has been engaged in a dialogue for the last several meetings about whether to recommend to the Town Board contracting a ground water study and to do it in time to include it in the comprehensive planning process. Our thanks go to Jim Leupold who served as chair of a subcommittee dealing with this issue. He spent a great deal of time working with contractors in order to allow the entire committee to better understand the ground water study process and to develop a scope of work, should we do a study. All committee members that wanted to express their opinion on this issue had an opportunity to do so. We came to closure on our discussion last meeting by voting on a motion that stated: “The Comprehensive Planning Committee recommends to the Town Board that a ground water study be done in time to be included in the Comprehensive Plan.” The motion was defeated with 12 no votes, 9 yes votes and 3 abstentions. It is therefore the position of the Steering Committee not to recommend a ground water study this time.

We have identified a problem in the entry of survey data from the written survey forms to the electronic tabulation spread sheets. At the last meeting, it was agreed that we would run an additional analysis on what townspeople 66 and over feel about our senior citizen services. Maria McCulloch, a committee member and a resident survey expert, volunteered to run the analysis. Our consultant forwarded the entire survey data package to Maria. In running the data, Maria spotted the entry problems. Our consultant uses a company named “Preferred Data” to extract and enter data. It is the largest data entry company in the Capital Region. Our consultant has never had a problem before with the company. The following action has taken place. We removed the written survey from the web site and have included an explanation of what happened and what will happen. I notified by email the Steering Committee and the Town Supervisor about the problem. Preferred Data was notified immediately. The written survey forms have been returned to Preferred Data and each and every one of them will have its data entry reviewed and redone if necessary and revalidated. Our consultant is very engaged in fixing this problem and has asked Preferred Data to write a letter describing in full all the details of how this happened. We should have the revalidated data and written explanation back within a week. This problem should not delay the progress of the planning effort.

Our consultant will next draft a Vision Statement for Charlton 10-15 years into the future. It will be based on all the inputs we have received from our townspeople and an analysis of our town’s resources. The Steering Committee will then discuss the draft to fine-tune the language.

In conclusion, we are making good progress and continue to be optimistic that this effort

will significantly help Charlton’s future reflect the will of its townspeople.

CONSTABLES:

For the month of July there were 29 patrols, answered 19 911 calls, covered 2,463 miles, issued 41 tickets and investigated 1 accident.

The constables submitted their budget request. The line item for the computer is off.

EMERGENCY PLANNING:

They will be meeting in September. Dean DeCapria and Ken Almy have put together a plan. They will be submitting a budget request soon.

HIGHWAY:

They have been working on their paving program the last couple of weeks.

HISTORIAN:

Laura attended the meeting with Ann Marie Przbyla our Regional Advisor for New York State Archives regarding the vault for the new Town Hall.

She attended the Historic District Meeting last week.

She has received calls from property owners asking about the history of their properties and has been working on that.

HISTORIC DISTRICT COMMISSION:

Councilman Mitchell reported that they met last week. One of the things they discussed was whether or not they could have a budget. Last year a budget was received by them and they did fill out that request but then found that they couldn’t have it. Councilman Mitchell stated that she has checked with the Comptroller’s Office and found that they should be able to have a line on the budget. The Comptroller’s Office said they would be happy to take any calls from anyone with concerns about it.

LIBRARY:

There will be a meeting the end of the month. They have talked about the long-range plan and are close to adopting that.

PARKS:

The use of the volleyball court is being scheduled.

PLANNING BOARD:

They are meeting this month.

RECORDS ADVISORY BOARD:

Gail reported that on August 5 there was a meeting with Ann Marie Przbyla, our Regional Advisor. Dot, Bob, Sandy, Laura and Gail attended. We discussed the vault for the new town hall and determined that the size is OK and leaves room for growth. We discussed what records should and should not be in the vault. We talked about grants. When the building is constructed will depend on whether we will be eligible for construction grants because of the deadlines that are set. We talked about shelving and grants that would be available for that. Ann Marie gave us the name of someone who could make recommendations regarding shelving at no charge. Councilman Verola said that we discussed the workings to the vault. The only one that should have a key should be the Town Clerk and Supervisor. Only records should be kept in the vault. No money. Councilman Lippiello stated that we learned that the judges should have fireproof cabinets for their storage, etc. in their own office. Councilman Mitchell said that it was mentioned that everything in the vault should be in a climate controlled atmosphere. Councilman Verola stated that we were told the best time to apply for a grant would be when the building is being built and the vault is in the works.

TOWN HALL:

Councilman Verola said that we are considering an architect, Paul Vosburgh and have been discussing the vault. Supervisor Acunto said he had spoken with Attorney Robert VanVranken. Mr. VanVranken stated that the paperwork we have from Mr. Vosburgh is a proposal and not an agreement/contract. Mr. Vosburgh will send a contract for Bob to review.

WATER:

John has had one pump down and repacked it and painted it. It is now up and running and he is working on the second one. He is getting some prices on repair work for the roof on the pump house.

ZONING:

For the month of July issued 14 permits, received 1 ZBA Application and collected $2,785.80. Dave reported that the barn on Route 147 is down. They are still working on another issue from last month.

ZONING ORDINANCE REVIEW COMMITTEE:

They had a meeting to discuss the interpretation of a dog kennel. Nancy Scholz, President of the Schenectady Kennel Club and a former Assistant Zoning Administrator of the town, was invited to the meeting to give input on what kennels are and what the ordinance means. They did a wonderful job of clarifying everything.

RESOLUTIONS:

Motion made by Councilman Grattidge, seconded by Councilman Verola that

Resolution #79, A RESOLUTION TO APPOINT AN AD HOC VETERAN’S MEMORIAL BOARD COMMITTEE, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that

Resolution #80, A RESOLUTION TO TRANSER FUNDS, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

COUNCILMAN REPORTS:

Councilman Lippiello – The concert at Gideon Hawley Park was very nice. Thanks to Lila Serapilio for putting it together. Supervisor Acunto said that if the Historical Society wants to continue this, there might be some grant money from the Saratoga County Council of the Arts. We will be scheduling a meeting for the Veteran’s Board Committee. These meetings will be open to the public.

Councilman Verola – She met with David Lafforthun to look at the problem upstairs. Red squirrels are getting into the building. He has given us a cost of $450.00 to seal up the building, to trap all red squirrels and trim the trees back where they are entering. Since this is an emergency repair Sandy has contacted Mr. Lafforthun to do the job. She has also contacted United Bat because Mr. Lafforthun smelled the bat guano and thought that we should do something about the bats. Sandy has a meeting with United Bat Friday morning at 9:00 A.M.

Councilman Verola – There were concerns about minutes being changed after they have been approved. She contacted Mr. Freedman from the Committee on Open Government. He told her minutes should not be changed once they have been approved. She read an opinion from the Committee on Open Government that was in the July/August 2004 issue of Talk of the Towns Magazine: “Opinion No. 3754A – It is not up to residents to determine whether their statements or complaints be included in the minutes of village or town board meetings. One may but are not required to include such statements. If, however, the board by means of a majority vote of its total membership directed that the statements be included in the minutes, then the minutes should reflect such statements or complaints.”

Councilman Verola – I would assume that once we have voted to approve minutes, that is the majority saying this is the way they should be. Based on this, I would say that minutes should never be altered or changed.

Councilman Verola – There was another topic that came up with email. There are a lot of interesting articles in here (Talk of the Towns Magazine) dealing with email. It is something that we are going to have to deal with. There was an email sent to me and it raised some red flags. In the email it stated that email like regular mail might contain sensitive and private matters and we shouldn’t be looking at each others email. That is incorrect. Email, as mail, is a matter of public record. Any mail that one of us receives, including email, should be handled by Gail. As far as sensitive and personal matters, anything that is personal shouldn’t be coming to the town. Whether or not something would be subject to FOIL (Freedom of Information Law) would not be for us to decide. That would be a matter for either Gail or the Town Attorney. They are the only ones who can determine whether or not something is sensitive enough that it should not be subject to FOIL.

Councilman Lippiello – What did you mean when you said email handled by Gail?

Councilman Verola – Our email should be set up so that it goes to a general spot. We should all be able to read each other’s mail. We need to determine how we are going to handle it. It is a public record and Gail, since she is the Records Manager, is the one who should really be dealing with handling the email. We need training and this article says that we need training.

Supervisor Acunto – How would you control something where I get numerous emails that deal with county business and Gail wouldn’t have a clue.

Councilman Verola – I certainly don’t think anything dealing with the county the town should be concerned about so maybe you would be an exception but for the council people………..This is relatively new and this article in Talk of the Towns deals with it. It is a very, very interesting article. You may need to have your own account but the council people should all be able to look at each other’s snail mail as well as email.

Supervisor Acunto – I think we ought to have our attorney review that and give us an opinion.

Councilman Verola – I have spoken with out attorney and he agrees with me.

Supervisor Acunto – I think I would like to have him come in and talk with all of us.

Councilman Grattidge – No report.

Councilman Mitchell – I have a little more to add on the email situation. I didn’t know that I was having an email address until I saw the bill from last April for one being set up. I have never received any information on passwords or how to access it. This past week people were telling me that they had emailed me and either it didn’t go through or it went through and I didn’t reply so this is why I asked Sandy, who is on the Computer Committee, about it and I believe that she is checking into it. The same is true for the email for the newsletter. Heather wanted that so that people could email their articles directly. She has not had any information on passwords or how to access it.

Councilman Grattidge – They had a training night here.

Councilman Mitchell – We weren’t invited.

Councilman Grattidge – Everyone was invited.

Councilman Mitchell – I didn’t know at that point that I had email.

Councilman Grattidge – It was back in the spring.

Councilman Mitchell – I didn’t know until I read the bill.

Supervisor Acunto – It was something the Computer Committee set up.

Councilman Mitchell – There seems to be a lot of confusion about this.

Councilman Verola – I think there is a lot of confusion about the Computer Committee.

A citizen’s committee does not have the authority to set rules or policy. Only the Town Board can set rules and policies that govern, especially elected officials. For a committee of citizens to set a policy that deals with elected officials without the elected officials having a say in it, mainly the Town Board, is really contrary to our whole elected process. I don’t think that should be occurring and it is and I have a real problem with that.

PRIVILEGE OF THE FLOOR:

Dave Schweizer – DeGraff Road – Stated that DeGraff Road is badly in need of maintenance. It is used by school busses, heavy emergency vehicles, town plows, etc. He feels it must be one of the worst roads in the county. Councilman Grattidge said that he explained to Dave that DeGraff Road was on the list to be done next year. He will let the Highway Superintendent know of the concerns.

The next Agenda Meeting will be August 30 at 7:30 P.M.

After everyone had the opportunity to speak who wished the meeting was adjourned

at 8:40 P.M.

Respectfully submitted,

Gail Hanchar

Town Clerk