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Town of Charlton Saratoga County Town Board Agenda Meeting January 30, 3006 7:30pm
The Agenda Meeting of the Town Board of Charlton, Saratoga County, New York held at 7:30 pm at the Charlton Town Hall, called to order by Supervisor Grattidge
Present: Councilman Gardner, Councilman Lippiello, Councilman Salisbury, Councilman Verola, Supervisor Grattidge and Attorney, Robert VanVranken.
Supervisor Grattidge opened the Town Board Agenda Meeting and set the Agenda for the Town Board Meeting on February 13, 2006.
The Town Board meeting minutes of January 9th and January 30th is set for approval at the February 13th Town Board Meeting.
The following items will be placed on the Agenda. Abstract of Claims Town Clerks Report Supervisors Reports and Announcements Expenditures and Revenues Web Site activity Report on Annual Audit Out Door Furnace propose local law:
Supervisor Grattidge stated, the Out Door Furnace proposed local law would continue to be placed on the Agenda, anticipating a public hearing for the March meeting. He has been working with the Zoning and Building Administrator on the latest modification, the stack height; we left the wording as whatever the manufacture recommended would be the stack height.
Councilman Lippiello stated he did not receive the latest copy of the Out Door Furnace proposed Local Law. Town Clerk Heather Scribner would make a copy of the latest version.
Continuing Agenda:
Communications: Letters received from people who cannot serve on boards: Rev. David Moore, Assessment Review Board Gail Hanchar, Records Advisory Board Peggy Gains, Comprehensive Steering Committee
Announcements: Planning a Future for Farms in Rennesselaer, Saratoga and Washington Counties scheduled for March 22nd.
Department Reports A complete report from all Departments
Motions and Resolutions
Highway Agreement for 2006 Posting Road limits Establishing a Reserve Fund for the Highway Equipment, taking the year end funds of 2005 to start building towards a truck over the course of two years. Local Law #1 Veterans Exemption Local Law #2 Volunteer Firefighters & Ambulance Exemption
Mr. VanVranken stated; these local laws are pursuant to the legislative bill amendment of February 2005, which amended both this section and the Volunteer Fire Fighters increasing the exemptions.
Town Attorney Robert VanVranken read the proposed Local Law Veterans Exemption:
LOCAL LAW NO. 1 OF 2006
A LOCAL LAW INCREASING THE MAXIMUM VETERAN’S EXEMPTION ALLOWABLE UNDER §458-a OF THE NEW YORK STATE REAL PROPERTY TAX LAW.
Be it enacted by the Town Board of the Town of Charlton, Saratoga County, New York, as follows:
Section 1. Title and Authority.
This local law shall be known as the “Local Law Increasing the Maximum Veteran’s Exemption Allowable under §458-a of the New York State Real Property Tax Law”. It is adopted pursuant to the authority of Article 2, Article 3 and Article 10 of the New York State Municipal Home Rule Law.
Section 2. Purpose.
The purpose of this local law shall be to provide for an increase in the maximum exemption allowable in paragraphs (a), (b) and (c) of subdivision 2 of §458-a of the New York State Real Property Tax Law as provided therein.
Section 3. Legislative Intent.
Pursuant to the provisions of §458-a of the New York State Real Property Tax Law as heretofore adopted by the Legislature of the State of New York, the purpose of this local law is to provide for an increase in the maximum exemption allowable in paragraphs (a), (b) and (c) of subdivision 2 of §458-a of the Real Property Tax Law.
Section 4. Meanings.
The meanings of words and expressions as used in this local law shall be identical to their meanings as used in §458-a of the New York State Real Property Tax Law.
Section 5. Increase of Exemption.
The exemption allowed by §458-a(2)(a)(b) and (c) shall and the same hereby are increased to $36,000.00, $24,000.00 and $120,000.00, respectively, as provided in §458-a(2)(d)(ii).
Section 6. Inconsistencies.
Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling.
Section 7. Severability.
The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provision.
Section 8. Effective Date.
This law shall be effective upon filing with the Secretary of State.
Town Attorney Robert VanVranken read the proposed Local Law:
LOCAL LAW NO. 2 OF 2006
A LOCAL LAW AUTHORIZING A REAL PROPERTY TAX EXEMPTION TO QUALIFIED VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE WORKERS
Be it enacted by the Town Board of the Town of Charlton, Saratoga County, New York, as follows:
Section 1. Title and Authority.
This local law shall be known as the “Local Law Authorizing a Real Property Tax Exemption to Qualified Volunteer Firefighters and Volunteer Ambulance Workers”. It is adopted pursuant to the authority of Article 2, Article 3 and Article 10 of the New York State Municipal Home Rule Law.
Section 2. Purpose.
The Town Board of the Town of Charlton recognizes the roles of the volunteer firefighters and ambulance workers in securing the safety and well-being of our communities. The Town Board hereby finds that it is in the best interests of the Town of Charlton to encourage volunteerism for said purposes. The New York State Legislature has amended the Real Property Tax Law, in §466-g, to authorize the Town Board to permit enrolled volunteer firefighters and volunteer ambulance workers to be eligible for real property tax exemption. To that end, by providing the following exemption, it is the intent to so encourage volunteerism for our various fire and ambulance companies.
Section 3. Meanings.
The meanings of words and expressions as used in this local law shall be identical to their meanings as used in §466-g of the New York State Real Property Tax Law.
Section 4. Exemptions for Certain Volunteer Firefighters and Ambulance Workers.
a. Real property owned by an individual who has been an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service in the Town of Charlton and who resides in the Town of Charlton, shall be exempt from taxation to the extent of 10.0% of the assessed value of such property for Town purposes, exclusive of special assessments, and provided however, that such exemption shall in no event exceed $3,000.00 multiplied by the latest State equalization rate for the assessing unit in which such real property is located.
b. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service residing in such Town unless:
i. The applicant resides in the Town of Charlton;
ii. The property is the primary residence of the applicant;
iii. The property is used exclusively for residential purposes, provided however, that in the event any portion of such property is not used exclusively for the applicant’s residence, but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and
iv. The incorporated volunteer fire company or fire department or incorporated voluntary ambulance service has certified that the applicant has been an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service for at least five years and remains an active enrolled member.
c. Application for such exemption shall be filed with the Town of Charlton Assessor on or before the taxable status date on a form as prescribed by the Assessor.
d. No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of this article on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this local law.
Section 5. Severability.
The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provision.
Section 6. Effective Date.
This law shall be effective upon filing with the Secretary of State.
Mr. VanVranken stated that the volunteer must be one of the owners of the property. Example of no exemption: husband volunteer wife owner. If both were volunteers and owners they would get exemption twice. Excluded for exemption is if you were to have a special assessment. Assessor Chair Vicky Hayner stated the only time a special exemption that she has seen was, when you have a broken down building and the Town said they were going to take that building down and we are going to assess you as special assessment.
Supervisor Grattidge stated that we have an update on Time Warner Cable Company. Councilman Lippiello said Time Warner has plans for this construction season to do at the present time, 3 extensions of their cable lines. I do not know the specific details; one is at the Western end of Town, Western Ave, Route 147 and Eastern Ave. They are talking about extending on Jockey Street. We do not know at this time if they would go up to Route 67. The third is on Sweetman Road, again we do not know the distance and what particular areas they will extend to. Mr. Lippiello stated he has spoken with Bruce Downing and Mr. Downing has spoken with Peter Taubkin and Mike Fitzpatrick from Time Warner. Mr. Lippiello said, they would build to any one who wants it but it may cost you. In our agreement it deals with a 20 house per mile and those less then 20 densities they could ask for a construction fee. I don’t think it hurts if residents call Time Warner and voice their interest in extending the cable. Let them know you and your neighbors are interested in the TV, roadrunner or telephone. Supervisor Grattidge said we have been sympathetic to everyone’s desire to get cable out into the rural parts of the town. We have been encouraging Time Warner and will continue along those lines. The last time we sat down at a table with them, they are not easy with negotiations. Mr. Downing stated he would not rest until it is brought in the joining area of Eastern Avenue. Mr. Dowing said initially, finding it is 20 houses per a mile even though it is not mentioned in the Charlton Contract, it says less than 20. In the public service commissions document for the Town of Charlton it says it was 35 and Time Warner as brought it down to 20. I read that they are requiring, 20 per a mile. Mr. Downing stated two weeks ago he was driving 147 where the West Charlton sign is, he started to count 21 houses right there. He said he sent another email to Peter Taubkin. That was the last time he heard from Time Warner. Supervisor Grattidge stated Mr. Jones has been working with them on Western Avenue. We have quite a bit of people requesting on Western Avenue and now we have pockets all over town. Mr. Dowing stated he read in the contract the Town receives three percent franchise fee. There is wording in there that the company local systems manager shall upon request of the Municipality meet in public session. Supervisor stated we are not the ones trying to stop them, the town chose to take the lowest franchise fee possible because that just gets added to people’s bill. There are towns that take a larger percentage. We are not looking at it to be a revenue maker. Supervisor Grattidge stated he would like to see the entire town wired. This is an on going issue and we will certainly keep all informed. Mr. Downing said we need a meeting like what they said in the agreement. Supervisor Grattidge stated the district sales rep. is Mike Fitzpatrick, he sends out one of his agents. By all means you should go and have the guy to come right to your house. It is the power of the consumer that is going to drive this. Supervisor Grattidge stated they would review the agreement. Town Attorney Robert VanVranken stated the idea of having some kind of meeting is absolutely appropriate. That is the way we could effectively effect some changes elsewhere. Supervisor Grattidge stated Councilman Lippiello would contact Time Warner to set up a meeting, preferably on February 27th.
Supervisor Grattidge stated moving the municipal savings account to MBT to Ballston Spa National Bank for a better interest rate. That is where our checking account is.
Supervisor Grattidge said we are going to be switching to direct deposit from the county, when the sales checks are released, we would gain at least a week of time in interest by switching to direct deposit. We are also looking into switching our payroll into a direct deposit. Mr. Grattidge said he would get more information. He requested his paycheck from quarterly to biweekly starting in another two weeks.
Supervisor Grattidge stated: on the Friday before the Agenda meeting. To have all vouchers into the Town Clerk so they can be processed in a timely manner, so she can put together the edit list. We talked about putting a time limit on outstanding bills and getting them in. Councilman Salisbury stated it was a good idea because some of them he looked at were back from October. Mr. Salisbury stated that would be a major budget problem the Town would have. Supervisor Grattidge suggested we encourage everyone to get them in within 30 days. Councilman Salisbury stated it was difficult knowing what the funds were for. Councilman Verola stated as long as we can determine what they are buying, we need more information. Highway Superintendent Ron Gavin stated he had one voucher he wrote: hardhat for my head.
Supervisor Grattidge Announced scheduled meetings: January 31st -ECC meeting with Wally Hughes, Wood Burning Furnace February 1st – Park Committee meeting at George Eggleston’s 7:00pm February 2nd- Meeting with Architect at Mr. VanVranken’s Office to discuss owner’s representative at 4:00pm February 2nd – E-Government at 7:00pm February 6th – Comprehensive Plan 7:00pm invited: Town Board, Planning Board and ZBA. February 8th – Adirondack Trust Insurance Representative, Dave Meager 9:00am February 8th – Assessors- Public Information Meeting 7:00pm
A motion made by Councilman Verola seconded by Councilman Lippiello authorizing the Town Clerk to prepare Abstract of Claims.
RESOLUTIONS
A motion made by Councilman Verola, seconded by Councilman Gardner that resolution No. 68 A RESOLUTION TO AUTHORIZE THE SUPERVISOR TO ENTER INTO A THREE YEAR CONTRACT WITH CORNER STONE TELEPHONE CO. be approved:
BE IT RESOLVED, that the Supervisor is authorized to enter in a three year contract with Corner Stone Telephone Co., 2 Third Street, Troy, New York to provide telephone service.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Supervisor Grattidge stated we could still use Verizon services but, by using a wholesale partner they are able to save almost 50% off our phone bill.
A motion made by Councilman Lippiello, seconded by Councilman Verola that resolution No. 69 A RESOLUTION TO AMEND ORGANIZATIONAL RESOLUTION NO.15 to Appoint Members of the Town of Charlton Environmental Conservation Commission be approved:
Whereas, Resolution amending the Organizational Resolution No. 15 to appoint members of the Town of Charlton Environmental Conservation Commission; and Be it resolved that Lane Jastrebski is hereby appointed as a member of the Charlton Environmental Conservation Commission for a term commencing January 1, 2006 and terminating December 31, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola, seconded by Councilman Gardner that resolution No 70 A RESOLUTION AUTHORIZING THE TOWN CLERK TO SEND TOWN RECORDS TO GENERAL CODE PUBLISHING be approved:
Be it resolved that the Town Clerk is hereby authorized to send Town Records to General Code Publishing for Electronic Coping and Indexing.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Lippiello, seconded by Councilman Salisbury that resolution No 71 A RESOLUTION TO AMEND ORGANIZATIONAL RESOLUTION NO.55 to Appoint Chairman and Members to the Technology Advisory Board be approved:
WHEREAS, A Resolution to amend Organizational Resolution NO.55 to Appoint Chairman and Members to the Technology Advisory Board; and
Be it resolved that JOHN KELLY be appointed as member of the Technology Advisory Board to serve at the pleasure of the Town Board.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Lippiello, seconded by Councilman Salisbury that Resolution No. 72 RESOLUTION SCHEDULING PUBLIC HEARING ON PROPOSED LOCAL LAW be approved:
WHEREAS, a local law, being proposed Local Law No. 1 of 2006, a copy of which is attached hereto, was introduced at this Town Board Meeting, January 30, 2006, by a member of the Town Board of the Town of Charlton, and
WHEREAS, the Town Board desires to hold a public hearing with respect to the adoption of said Local Law.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by the Town Board with respect to the adoption of the aforesaid Local Law at 7:30 p.m. on February 13, 2006 at the Town Hall, Main Street, Charlton, New York, and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola, seconded by Councilman Gardner that Resolution No. 73 A RESOLUTION to Authorize the Town Engineer EDP to review the plans for the New Town Hall for a cost not to exceed $2500.00 be approved:
BE IT RESOLVED that the Supervisor is authorized the Town Engineer Environmental Partnership Design to review the plans for the New Town Hall for a cost not to exceed $2500.00.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola, seconded by Councilman Gardner that Resolution No. 74 A RESOLUTION to Authorize the Justices to purchase Software from sei The court room program be approved:
BE IT RESOLVED that the Town Justices are authorized to purchase Software from SEI The Court Room Program for a cost not to exceed $3474.00.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Lippiello, seconded by Councilman Verola that Resolution No. 75 A RESOLUTION TRANSFERING FUNDS be approved: BE IT RESOLVED, that the Supervisor is authorized to make the following transfer: $3474.00 from Account #A-1990.4 Contingency to A-1110.4 Municipal Court for Software from SEI The Court Room Program.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Lippiello, seconded by Councilman Verola that Resolution No. 76 RESOLUTION SCHEDULING PUBLIC HEARING ON PROPOSED LOCAL LAW be approved:
WHEREAS, a local law, being proposed Local Law No. 2 of 2006, a copy of which is attached hereto, was introduced at this Town Board Meeting, January 30, 2006, by a member of the Town Board of the Town of Charlton, and
WHEREAS, the Town Board desires to hold a public hearing with respect to the adoption of said Local Law.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by the Town Board with respect to the adoption of the aforesaid Local Law at 7:15 p.m. on February 13, 2006 at the Town Hall, Main Street, Charlton, New York, and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Councilman Verola stated a meeting with Green Infrastructure Plan, identifying historical markers in Charlton is rescheduled for February 9th at 4:00pm. At the Historic District Commission meeting a concern was made regarding trees that were removed from the corner of Jockey Street and Charlton Road. They were old locus trees. The Historic District would like to know what the procedures are if the county determines that they are blocking site distances or if the power company determines they are in the way of power lines. In the Zoning Ordinance the Historic District does have input on landscaping. Should they be contacted? Supervisor Grattidge stated usually when they are in the county right away they determine if there is a safety issue. As far as I know, no one from the Town was notified. Mr. Grattidge said he would ask the public works commissioner at the county what the procedure is. It wouldn’t be until after the next Town Board Meeting they meet in the middle of the month.
Supervisor Grattidge adjourned the Town Board Agenda meeting at 9:05pm.
Respectfully Submitted,
Heather Scribner, Town Clerk |
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