DRAFT

Regular Meeting October 12, 2004

Charlton Town Board

Saratoga County

New York

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 Dorothy Mitchell

Councilman Sandra Verola

Supervisor Ferdinand Acunto

Councilman Lippiello was excused.

There was a bid opening for ice control sand.

Bidders Amount

Callanan Industries, Inc. FOB $5.85

1245 Kings Road Delivered $9.20

Schenectady, New York 12303

Carver Sand & Gravel, Inc. FOB $3.50

494 Western Turnpike Delivered $6.50

Altamont, New York 12303

Cranesville Aggregate Company FOB $6.50

427 Sacandaga Road Delivered $8.50

Scotia, New York 12302

Tri-Ex Excavating FOB $4.25

1907 Sterling Road Delivered $6.50

Pattersonville, New York 12137

Councilman Grattidge suggested we have Ron review the bids and look at the product. We will make a decision at the next Agenda Meeting.

Motion made by Councilman Grattidge, seconded by Councilman Verola that the minutes of the September 13 Town Board Meeting and the September 27 Agenda Meeting be accepted as received.

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

ABSTRACT OF CLAIMS:

The total of the bills for the month of October approved at the Agenda Meeting was $32,207.57.

Motion made by Councilman Grattidge, seconded by Councilman Mitchell. PASSED UNANIMOUSLY.

TOWN CLERK’S REPORT:

Lynn Christie read the Town Clerk’s Report. She reported taking in $273.63. Motion made by Councilman Grattidge, seconded by Councilman Mitchell. PASSED UNANIMOUSLY.

PRIVILEGE OF THE FLOOR (Agenda Items):

Midge Dube – Sweetman Road – Midge reported that a Charlton Senior Steering Committee has been formed. It held its first meeting on September 29, 2004. The Committee presently consists of 12 senior Charlton residents along with our town’s liaison to the Saratoga County Office of the Aging. The group indicated a need and desire for a Charlton Senior group to be established. They would like to meet on the 2^nd and 4^th Wednesday of each month at the Town Hall between the hours of 11:00 A.M. and 4:00 P.M. There will be yearly dues. They understand that once the Town establishes a resolution to exist along with supportive funding, grants and monies may become available through the Office of the Aging as well as other sources. All residents age 55 and over are invited to attend an informational meeting on Wednesday, November 10 at the Town Hall. Officers will be voted on at that time.

Councilman Verola questioned what they wanted in funding. Midge said that the Town currently gives money to seniors in Galway and Burnt Hills. They were hoping there would be similar funding, if not more, for seniors in our Town. Funding would be for postage, mailings, speakers, etc. Supervisor Acunto said that in the Preliminary Budget he has put in funds

for 2005 but they need money now to put out a mailing. Midge said they would have a figure tomorrow.

Motion made by Councilman Verola, seconded by Councilman Mitchell, A Motion permitting the Town Board to cover the cost of a printing and mailing for the new seniors group, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Karen Peper –Eastern Avenue – Spoke regarding the assessment process that took place last spring and the nightmare that it was for herself and residents. I came to meet with the tax assessors and had a great deal of difficulty getting access to complete tax rolls and getting information about my property and comparable properties. I spent a great deal of time going to the county and the state to get information that I was told should be accessible here but by sheer volume was not easily accessible. I came to Grievance Day the first day, the second day and the third day. Each time the town was not prepared for the amount of people that it had here. I was given conflicting information each time I came. I sat here three different days for the entire time. I ended up filing in small claims court, winning my original request. My property assessment still went up $70,000.00. Because of the timing involved, my tax bills were not sent out properly and I am now trying to get corrected tax information from the Town to the local school district who sent inaccurate information to my mortgage company. Does the Town have any plan to change what happened this year? Is there any way to look at the method that was used for assessment, for grieving, the time frame scheduling, and communication? I am concerned that the problem will continue next year. Some of the information I received at the small claims hearing from the officer that presided over is very different from the information presented from the assessor’s office as well as the Grievance Board and comments that were made to me from Town officials after that, that assured me that they believed that the small claims officer was wrong.

Supervisor Acunto - You have to realize our assessors are elected. They are not a part of this Board. They are self-regulating. They have certain perimeters they have to work within. They do their assessing. We have the grievance procedure which you have gone through. The volume this year was overwhelming for a lot of people. Will the process change? I don’t believe it will only because it can’t. Those regulations are set by the State, not by us.

Karen Peper – If the Town anticipates following the same process and the same procedures according to the regulations of the State, what is the town going to do differently to allow adequate access for me, as the taxpayer, to a complete copy of the tax roll which is public record without pages missing in a time frame that I can have more than 5 minutes for it? When the Town Hall was open and those records were accessible, there were lines of hundreds of people going out the door. I ended up taking time off from work to come during the day in order to be able to access them without a crowd to find the pages missing. I requested an appointment with the assessor’s office but I was told, “No. There was no one available”. I had my 5 minutes in the beginning of May but I had additional questions. Specific questions that they should have been able to answer I was told, “I don’t know”. I had to then go to the County and DEC to get information on things like wetland information. On the first day of Grievance Day there were 300 people and no plan. I sat here until 9:00 P.M. I was told someone would call. I never heard. I came again and was told that if I left I waived my rights. The Town has control over procedural things like adequate records, adequate access and adequate scheduling.

Supervisor Acunto – The records are available any time the Town Hall is open. It is difficult for me to say we might extend those hours. We would have to discuss that with the assessors. Will there be a change in the process? I can’t answer that right now.

Karen Peper – Do you have any plans to look at it?

Supervisor Acunto – We have heard you. Bob Lippiello is liaison. He will more than likely set down with the chairman and see what can be done to alleviate some of those things.

Karen Peper – How would I as a taxpayer know what that plan is prior to May 1 when I have 25 days between when I get notice of the assessment and Grievance Day? Would there be some sort of public feedback to me prior to May 1 so that I know what is being done?

Supervisor Acunto – That potential exists.

Councilman Mitchell – Have you spoken with the assessors since all this took place? The chairman of the assessors has suggested several times to us that this would be the time to make sure that all of the inventory and information about your property is correct.

Karen Peper – My last meeting with the assessors was in small claims court in August and now I am trying to straighten out what happened from that.

Councilman Mitchell – Maybe it would be well for you to talk with her and make sure all of the inventory of your property is correct. In my own situation there were some corrections that were supposed to be made that were not made. This is when they are taking that information.

Midge Dube – Assessor’s Clerk – Vicki will make arrangements to meet with anyone who wants an appointment at their convenience.

SUPERVISOR’S REPORT AND ANNOUNCEMENTS :

September expenditures and revenue:

General Fund – Expenditures of $46,702.82. Revenue of $112,727.39.

Highway Fund – Expenditures of $43,658.63. Revenue of $967.39.

Water District #1 – Expenditures of $4,190.16. Revenue of $1,855.11.

Water District #2 – Expenditures of $167.88. No revenue.

Major expenditures:

General Fund – Buildings Contractual of $2,027.00 and Ambulance Contractual of $3,000.00.

Highway Fund – Maintenance of Roads Contractual of $15,019.73 and Machinery Contractual of $3,587.36.

Water District #1 – Transmission and Distribution of $1,170.40.

Major revenue:

General Fund – Sales Tax Distribution of $79,381.00, Interest and Earnings of $2,715.77, Sale of Recycling Refuse of $1,199.70 and State Revenue Sharing of $26,892.00.

For the month of September there were 803 hits on the web page.

There will be a Comprehensive Plan Public Informational Meeting on November 1 from

7:00 P.M. until 8:30 P.M. at the Charlton Freehold Church Academy. The purpose of the meeting is to inform the public about the status of the overall Comprehensive Program, to discuss the results from the written survey, the image survey and various things that have been done and to show how that will be used in the overall planning process. The Committee has come up with a draft Vision Statement and a set of goals. The Vision Statement and the goals will be used to develop the Comprehensive Plan. They would like to get feedback from town residents on the draft Vision Statement and the goals to make sure that it is what residents feel the direction ought to be.

Supervisor Acunto said that he attended the second meeting of the proposed Charlton Seniors Group that was held at the county. He was impressed at the interest in forming this group. He commended Midge and the others working on the Steering Committee.

We have received information from the Saratoga County Office of Emergency Services stating that many Internet companies are providing telephone service using the internet infrastructure. If you are using this kind of a system and you call 911 in case of an emergency, it will not show the caller’s name, address or phone number. The caller will have to type it in. This may change in time but right now there is no way to know where that call came from.

COMMUNICATIONS:

We were served with a notice of claim based on an incident that took place at the intersection of two state roads. We were put on notice that we would potentially be involved in some form of lawsuit because of negligence on the part of the municipality that takes care of that road. Our attorney has notified the attorney for the claimant that it was not our road.

We have received the results of a survey done by our insurance company that did an inspection of our parks, highway garage and other assets. They did find some concerns at the town park in regard to playground equipment and the necessary surfacing that should be under the equipment. They had concerns about housekeeping in the highway garage. They made reference to our exit signs in the garage.

We received the results of a water sample for our MS-4 Report that was done by Adirondack Environmental Services. The water was taken from a tributary of the Alplauskill next to the water pump station. The purpose of the test was to establish a base of water quality to be checked annually as a part of the town's MS-4 Permit. The results of all parameters are within recommended ranges for drinking water. Sodium and chloride are slightly above optimum levels but are not need for concern. The water quality at the downstream end of the town’s storm sewer outfalls is excellent. Marv Schorr stated that the purpose of having this data available is that if there is an incident due to run off that washes fertilizer or animal feces into the Alplaus, we now have a baseline to compare it to.

There was a letter from the Daughters of the American Revolution thanking us for our resolution that we passed at the last meeting.

We received a copy of a letter from the Office of Real Property Service notifying us that Vicki Hayner has successfully completed all of her courses for certification and is now a state a certified assessor.

We have received correspondence from the attorney representing the Heflin subdivision. Their initial request was that we set forth a public hearing on a request for a water extension to a subdivision they are proposing. Since that time there have been two other correspondence sent to that attorney, one from Mr. VanVranken and one from John Tabner which tells them that we are ready to go forth with a public hearing but we are lacking certain documentation and some money. Basically the ball is back in their court to provide the necessary data we would need before we could schedule a public hearing. Supervisor Acunto suggested that when Councilman Lippiello gets back, we should set up a meeting with Mr. Tabner to be prepared for any public hearing on this matter.

ANIMAL CONTROL OFFICER:

Lee reported that he has had some dog bite and cat bite cases. Because the cat was not up-to-date on it’s rabies shots, the cat had to be taken to the county shelter and held for a 10-day quarantine period.

We may have had the spotting of a pine martin in the area. This is a cross between a bobcat and a fox. It was about 20 pounds. It was seen in the Dawson Road and Lake Hill Road areas.

There was the siting of a bear and bear feces in the western end.

Watch for deer as you travel home.

COMPREHENSIVE PLAN:

There will be a meeting on Monday, November 1 at 7:00 P.M. at the Charlton Freehold Church Academy.

CONSTABLES:

For the month of September they answered 6 911 calls, covered 1,901 miles, issued 40 tickets and investigated 2 accidents.

EMERGENCY PLANNING COMMITTEE:

They will be meeting on October 27 at the Charlton firehouse between 7:00 and 7:30 P.M. They are looking into a remote activator that would sound the alarms in the three different fire districts. It would signal a 10-minute alarm in the event that there was an emergency. People would be instructed to turn to their TV and news stations to find out what the emergency is. They think they will be finished with their work by the end of the year.

HIGHWAY:

Ron has been finishing the sealing and shoulder work on the roads. They are working on leaf and brush pick up in October.

HISTORIAN:

This is New York State Archives Week. Archives Week is a time to recognize all the places that take care of records and information for us. All Archives Week events are listed on line. Brookside Museum is open all week.

The Annual Capital Region Archives Dinner was held last Wednesday at the Mohawk Country Club. Laura and Dot Mitchell attended. The topic for the evening was The Adirondacks.

The Saratoga County Historians will meet tomorrow morning with the County Historian at our county offices.

There will be a region wide meeting for Historians on October 30 in Brunswick.

Laura had 6 genealogy requests last month. Laura said she received a call from the County Historian saying someone was in the office looking for historical information regarding her house.

Laura has been working with the Historic District Commission.

She has been working with the Comprehensive Plan regarding the role of our town heritage and care of historical properties in town for the future.

HISTORIC DISTRICT COMMISSION:

They will be meeting with the Town Board before or after the October Agenda Meeting.

PARK COMMITTEE:

Supervisor Acunto said he received a call from Caldwell Banker, the firm that Jewel Richardson worked for before she passed away. The employees want to do something in memory of Jewel and are considering putting a bench in the park. This information will be forwarded to Councilman Lippiello and the Park Committee.

PLANNING BOARD:

They will be meeting Monday, October 18 at 7:00 P.M. at the Town Hall.

RECORDS ADVISORY BOARD:

Lynn reported that we are copying the book that will be preserved by Brown’s River Records Preservation for this year.

TOWN HALL:

We are very close to signing a contract with Paul Vosburgh. The final draft has been delivered to Bob VanVranken. If this contract is suitable, he will be doing a presentation at the October 25 Agenda Meeting.

ZONING ADMINISTRATOR:

For the month of September they took in $2,750.00 in building fees and $150.00 in zoning fees.

ZONING ORDINANCE REVIEW COMMITTEE:

They did not meet in September. They are continuing to review various items. They will make their final recommendations to the Town Board when the Comprehensive Plan Committee is through with their work.

RESOLUTIONS:

Motion made by Councilman Grattidge, seconded by Councilman Mitchell that Resolution #87, A RESOLUTION TO IMPOSE A HALLOWEEN CURFEW, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Grattidge, seconded by Councilman Verola that Resolution #88, A RESOLUTION TO HOLD A PUBLIC HEARING ON THE TENTATIVE 2005 BUDGET, be approved,

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Grattidge, seconded by Councilman Mitchell that Resolution #89, A RESOLUTION TO TRANSFER FUNDS, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Grattidge, seconded by Councilman Verola that Resolution #90, A RESOLUTION TO TRANSFER FUNDS, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Mitchell, seconded by Councilman Verola that Resolution #91, A RESOLUTION ESTABLISHING THE CHARLTON TOWH HALL AS A LOCATION FOR SENIOR CITIZEN ACTIVITIES, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Supervisor Acunto – In April of 2004 we passed a resolution authorizing the purchase of a line tracer for the water district. That company cannot produce it or whatever. John has looked into it and found a replacement that he thinks is even better.

Motion made by Councilman Verola, seconded by Councilman Grattidge that Resolution #92, A RESOLUTION REPEALING RESOLUTION #64 OF THE YEAR 2004, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Grattidge, seconded by Councilman Verola that Resolution #93, A RESOLUTION AWARDING A BID FOR ONE PIPE AND CABLE LOCATOR FOR CHARLTON WATER DISTRICTS #1 AND #2, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Absent

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

COUNCILMAN REPORTS:

Councilman Grattidge – The Harmony Fire Department is having a blood drive on Friday. Call Jay Mills to sign up.

Councilman Mitchell – Nothing.

Councilman Verola - A few months ago Councilman Grattidge suggested that we remove cluster subdivisions from the Subdivision Regulations. Sandy feels it is important that we discuss it. It will be discussed further at the next Agenda Meeting.

PRIVILEGE OF THE FLOOR:

John Tasse – Sweetman Road – What is the plan for replacing the Assessor that resigned?

Supervisor Acunto – An article was in The Gazette. If anyone has an interest they should notify any member of the Town Board. The position will probably be filled at our Organization Meeting. Because it is an elected position, that person would run in the next election.

John Tasse – Regarding the new town hall, what have we done in this contract so that we are assured we will get our value for the money spent and (could not understand)

Councilman Verola – We have a 50 page contract that details everything. The contract with the former architect was a standard AIA Contract. This contract is tailored for the Town of Charlton that is why it has taken it so long getting it all together. I am very, very confident that this contract will work for us the way we need it to work.

Supervisor Acunto – One issue that was presented to Mr. VanVranken when he was working on this contract was the issue of: If we go through all of this and we choose not to go forward depending on what value the bids come in, what will it cost us to pay him for his services? Bob assures us that we are getting the best deal we can get.

Paul St. John – Crane Street – Clifton Park had steel pipe in their water district and they had a huge break over the weekend. Steel pipe is supposed to last 50 or 60 years. We have asbestos cement pipe (could not understand)

Marv Schorr said that he forgot to mention in the ECC report that they have had a resignation from Eric Stevens.

Dick Lupi – Beechwood Avenue – Mentioned that on the web site there is a layout of the proposed new town hall. Councilman Grattidge said that was a draft. It will be turned over to the new architect and we will be getting some different concepts.

John Tasse – You mentioned the Heflin subdivision. What bearing does the court case on the Crooked Street/Swaggertown subdivision have on those proceedings?

Supervisor Acunto – We as a Board don’t have our hands around it. One map I had seen early on regarding the subdivision was an extension of the transmission line to Capital Reality. We know that pipe is not in the ground. The second map is only a sketch that I had seen that shows the connection at a location directly in front of the Gallup’s house but there is no main there. The main is down on the corner.

John Tasse – Should you work on that while you have a court case proceeding on the other one at this time?

Supervisor Acunto – I guess if they put an application in front of us and we hold a public hearing that is something that would have to be addressed during that time and the Board would make a decision based on what it hears. They have the right, like anyone, to come forth and ask for an extension not having to consider what is in the courts. The map I have seen shows it running along Crooked Street again from somewhere down by Komar. They aren’t at all speaking to the Capital Realty property in their application.

John Tasse – You are in the process of having denied and then having overturned the extension of the water district and now you have a possible plea for another extension of the water district. Don’t you need to resolve one before you go into the other due to the precedent setting nature of the denial?

Councilman Verola – And certainly due to our surge capacity. But to Fred’s point, if they come to us with an application I don’t know how we can………….

Supervisor Acunto – Visualize a 600# marshmallow and we are trying to get our arms around it and we aren’t getting there quite yet.

The next Agenda Meeting will be October 25 at 7:30 P.M. at the Town Hall.

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

8:40 P.M.

Respectfully submitted,

Gail Hanchar

Town Clerk