Town Of Charlton - Town Of Charlton: November 14, 2005 Town Board Minutes

DRAFT

Regular Meeting November 14, 2005

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 Grattidge, seconded by Councilman Verola that the minutes of the October 11, 2005 Town Board Meeting, October 31, 2005 Public Hearing and Agenda Meeting, Special Town Board Meetings of November 3, 2005 and November 7, 2005, be accepted as received:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Grattidge, seconded by Councilman Verola that the minutes of the

November 10, 2005 Special Town Board Meeting be accepted as received:

Approved: Councilman Grattidge Yes

Councilman Lippiello Abstain

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

ABSTRACT OF CLAIMS:

The total of the bills approved at the Agenda Meeting was $89,359.54. Vouchers for the month were #1936-#2055.

Corrections to the October Abstract were:

Voucher #1887 to County Waste had wrong amount.

Voucher #1927 to Verizon had wrong account code.

Correction to the November Abstract was:

Voucher #1990 to Heather Scribner had wrong amount.

TOWN CLERK’S REPORT:

The total of the Town Clerk’s Report was $195.73. Motion made by Councilman Grattidge, seconded by Councilman Verola. PASSED UNANIMOUSLY.

PRIVILEGE OF THE FLOOR (Agenda Items):

No comments.

SUPERVISOR’S REPORT AND ANNOUNCEMENTS:

October revenue and expenditures:

General Fund – Expenditures of $35,957.22. Revenue of $123,965.19.

Highway Fund – Expenditures of $64,185.01. Revenue of $2,236.09.

Water District #1 – Expenditures of $28,777.81. Revenue of $3,648.05.

Water District #2 – Expenditures of $175.49. Revenue of $5.75.

Major expenditures:

General Fund – Legislative Contractual of $1,842.88 for legal work and newsletter, Law Contractual of $3,535.10, Buildings Contractual of $4,086.35, Police Contractual of $1,660.36, Safety Inspections of $3,529.00 and Parks Contractual of $1,014.20 for payments to the grant writer.

Highway Fund - Maintenance Contractual of $26,048.41, Machinery Contractual of $2,271.52 and Snow Removal Contractual of $3,938.75 for salt.

Water Fund - ? Expenditures of $20,868.79 for purchase of new water van and Transmission Contractual of $4,803.62 for new valves at Alplaus Kill.

Major revenue:

General Fund – Sales Tax Distribution of $110,680.00, Planning Board Fees of $3,000.00 and Interest and Earnings of $8,918.15.

Highway Fund – Interest of $2,236.09

Water District #1 – Interest of $3,461.84.

Web site activity for the month of October was 971 hits.

The Town Offices will be closed November 24-26 for Thanksgiving holidays.

We have talked with the Town Attorney about an Outdoor Wood Burning Furnace Local Law. He has the Town of Watertown Local Law and some comments from the ECC. He will combine those documents and put together a draft local law. We hope to have it for discussion at the November 28 Agenda Meeting. Eventually we will set up a public hearing and hopefully adopt a local law. Councilman Grattidge stated that presently the outdoor wood burning furnaces require a permit because they have an electrical component to them. The town board is looking at establishing some basic setbacks and distances from surrounding homes.

The Saratoga County Public Health Department is holding Flu Vaccine Clinics. There will be one on November 28 at the Ballston Spa Senior Center from 9 AM – 11AM and at the Shenendehowa Senior Center from 1 PM - 3PM on December 9. They are by appointment only. Call 584-7460.

The Saratoga County Office for the Aging will hold a Medicare Part D Outreach Seminar. There are numerous dates. Call the Office of the Aging for more information.

Those with cellular phones may register on a Do Not Call Registry. The number to call

is 1-888-382-1222. You must call from the phone you wish to register. This will stop most telemarketing calls.

COMMUNICATIONS:

We have received a letter from a resident on Sweetman Road who is interested in serving on the Planning Board. We currently have 2 vacancies. The new board will fill those vacancies in January.

We have received a Water Quality Report from EDP. This was a sample from the Alplaus Kill near Stage Road and near Cornelia Avenue. The report stated: “Each sample shows excellent water quality within approval limits for use as a drinking water source.” This is part of our reporting with our Storm Water Management Program. We are required to take annual samples so we have a baseline to use if there should be a question about water quality.

We received a letter from the Environmental Conservation Commission containing their recommendations on outdoors wood burning stoves.

The Board received copies of an email from a resident on Route 67 with several concerns some of which were the construction of a Charlton Post Office and the need for added cellular towers.

We received an email which was a reminder about the Open Space Meeting on Thursday, November 17 at 6:30 P.M. at the Malta Community Center. This meeting is specifically for the towns of Ballston, Charlton, Galway, Malta, Milton and Wilton, the Village of Ballston Spa, Round Lake and the City of Saratoga Springs.

Supervisor Acunto said he received a call from Nan Stolzenburg. The County Planning Board had requested our maps that had been generated by Nan with a copy of the plan because there are some open space issue. There was no problem with the County having these maps.

ANIMAL CONTROL OFFICER:

Lee said he has been working on a couple of complaints. Hunting season is opening soon. Beware of deer crossing the road.

COMPREHENSIVE PLAN:

The last meeting was very successful. They made significant progress going through the goals and strategies.

CONSTABLES:

For the month of October there were 33 patrols, answered 15 911 calls, covered 2,383 miles, issued 23 tickets and investigated 2 accidents.

ENVIRONMENTAL CONSERVATION COMMISSION:

They have been looking at some variance applications from the ZBA. They have researched potential requirements for outdoor wood burning furnaces. They sent recommendations to the Town Board. Marv stated that according to the Attorney General’s Report there has been a tripling or more of the number of outdoor wood burning furnaces in New York State. This has raised concerns. These furnaces are larger than a conventional wood stove. The problems associated with these arise because of pollutants that are omitted. The pollutants are probably no different than you would get from wood from a fireplace or indoor wood stove. The difference is that when you have an indoor wood stove or fireplace, the chimney basically comes out at the roof so it is significantly above the ground level and the smoke has a chance to disburse. With the outdoor wood burning furnaces, the chimney is at ground level. The stacks coming out from them are 6’ to 10’ high. The potential for health impacts is much greater than it would be for wood burning appliances within a home. There is a concern from a health standpoint and from an annoyance standpoint regarding the effect the smoke could have on your neighbors. The ECC reviewed some proposed legislation the State legislature has look at, a report from the Attorney General’s Office and several local ordinances adopted throughout the state.

E-GOVERNMENT:

They have been collecting various forms used within the town and are looking at what can be done to make materials available to people in the community on line.

HIGHWAY:

They have been getting the snow equipment ready. They have been drawing in sand and are finishing up roadwork.

HISTORIAN:

Veteran’s Day began with Armistice Day. It was the 11th day of the 11^th month at 11 AM on that day that was the end of World War I. Our local NYS Military Museum in Saratoga Springs opened up a new exhibit on Friday about World War I.

Laura attended the Region 5 Association of Public Historians of NYS Meeting in Cohoes on October 29.

Last Wednesday evening Laura participated on a panel at Brookside Museum. They had a special evening on “Conversations on Historic Homes”.

This Thursday and Friday Laura will be attending the Annual Researching New York Conference at SUNY Albany

This Saturday and Sunday there is a conference called the Western Frontier at Fulton Montgomery Community College. The theme is on Plantation Society in Colonial New York from 1750 to 1775.

Steve Williams has a new column in The Daily Gazette. He is calling it “Off The Northway”. He has been writing about historic notes in our respective communities. He also mentioned our town hall project.

Doc Garrison has published a new book entitled “Burnt Hills Veterinary Tales”. There will be a book signing at the Historical Society this Saturday from 11 AM – 1 PM.

The Saratoga Plan Meeting will be held this Thursday night. PLAN stands for Preserving Land and Nature. They will be working on a green infrastructure plan for Saratoga County and set a course for conservation of our land. There are four areas of particular interest that will be discussed. They are Cultural and Historic Landscape, Natural Systems, Recreation Trails and Farm Areas.

Supervisor Acunto stated that he had read the minutes of the last Historic District Commission Meeting and the concern about the LeGere property that is up for sale. It is the home of the Springer Pump Factory. A new owner may decide that the buildings should come down. He asked Laura to write a letter to the realtor who has listed the property noting our concern that any purchaser be aware of the historic value of those buildings and hopefully will preserve them. Laura said those buildings are part of the Historic District. They would have to have permission from the Historic District Commission. The people interested in purchasing the property have been discussing applying for a preservation grant for the buildings on that property. Laura feels we have tools to use that are already in place for the preservation of the barn and garage. Laura said there is a history of the Springer Pump Factory buildings in the original application for the Historic District. It was decided Laura would write a letter informing them of the rules and regulations of the historic District

LIBRARY:

There has been a 17% increase in the circulation of materials from 2004. The library is now wired for wireless laptop service.

PARK COMMITTEE:

George reported that the climbing dome is primed. This year or next year the finished coat will be put on. They are waiting to hear if their grant application was successful.

PLANNING BOARD:

They will be meeting on Monday, November 21 at 7:00 P.M. They have several public hearings scheduled.

RECORDS ADVISORY BOARD:

Heather reported that the Board has been working with grant writer Susan Lombardi for a grant on Inventory and Planning of Active Records. They also met with the Technology Committee regarding a second grant. John Tasse said the first part of the plan is to purchase a scanning service on disc to search and review our documents with optical character recognition software. This is called a Lasherfiche Viewer System. We would purchase a disc that will contain 10,000 town documents and training. The cost is $2,500.00. The second grant would allow us to purchase additional software to operate with the purchased scanning service disc. John said there is an alternate view that we should not purchase the scanning service but just go for the software and equipment and scan our records ourselves. George Eggleston does not feel we should purchase the disc but feels that money could be used for us to learn the process with the purchase of software. Councilman Grattidge said he would like to see us start with the purchase of the Viewer System. It has the capacity to do all our minutes, the Zoning Ordinance and Local Laws and possibly have enough room to put in ZBA and Planning Board minutes. Heather explained that we won't get experience but we would have to train and pay staff. This program is something we would like to start using right away. (Changed tape) Laura stated that this program has been used by communities around us. It is encouraged strongly by the Local Government Records Management System and the NYS Archives.

TOWN HALL:

The propositions were approved at the election. Councilman Grattidge has talked with the architect. The plan is to finish the final drawings and possibly go out to bid the end of January with the anticipation of starting construction on May 1. There may be a presentation at the December Agenda Meeting.

WATER:

There is a construction site at the crossing of the Alplaus at Little Troy. The push has been completed. The south end is completed and the north end will be hooked up tomorrow. This is a lateral line to one that exists underneath the creek that is 30+ years old. It has nothing to do with the proposed new firehouse. The purpose of this new line is to serve as a secure line for water for the residents north of the creek.

Supervisor Acunto stated that at the beginning of the meeting there were several Special Town Board Meetings approved that were in reference to this project. During the boring stage of the process, they encountered nested boulders. This necessitated a Change of Conditions because the soil analysis did not detect these and the problem had to be dealt with immediately. The first Special Meeting was held on November 3. We recessed and reconvened on November 7 and reconvened on November 10 to finally resolve the issue with three change orders.

ZBA:

They will not be meeting in December.

ZONING ADMINISTRATOR:

For the month of October they issued 10 permits, 4 CO’s and collected $1,028.00.

Dave said he is concerned about the letter from the Historian regarding the LeGere property. He feels this could turn into an enforcement issue at some point. He asked if the letter should come from the Town or the Town Attorney. He may need some official notification should they request a demolition permit. There is a State Demolition Permit because of building codes.

Supervisor Acunto asked if there was any protection because the buildings are in the Historic District. Dave said at least we would be notified if something were going to happen. Laura could write the letter and say that before they do anything they should come in and talk with the Historic District Commission. Councilman Grattidge feels the buyer needs to be aware that there are special conditions because they are in the Historic District. Councilman Verola feels the new owner should be made aware of what the guidelines are before purchasing the property. Dave Schweizer stated that disclosing that the property is in the Historic District is very important. The official notice should go to the existing owner because then they are put in a position of disclosing this to any possible purchaser. They should disclose that the property is in an historic district and a new owner would need permission from the Historic District Commission to make changes or alterations to the structures on the property. Laura will work with the Historic District Commission and put together a letter and then have the Town Attorney and Zoning Administrator review the letter before mailing.

RESOLUTIONS:

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that

Resolution #128, A RESOLUTION ADOPTING THE FINAL TOWN BUDGET FOR THE YEAR 2006, 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 Verola that Resolution #129, A RESOLUTION ACCEPTING A BID FOR ICE CONTROL SAND, 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 #130, A RESOLUTION TO ADVERTISE FOR SALE BY SEALED BID THE CHARLTON WATER DISTRICTS 2001 DODGE CARGO VAN, 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 #131, A RESOLUTION AMENDING LOCAL LAW #2 OF 1969: A LOCAL LAW PROVIDING FOR THE ACCEPTANCE OF NEW TOWN HIGHWAYS AND CONNECTION OF PRIVATE DRIVEWAYS TO TOWN HIGHWAYS, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Motion made by Councilman Lippiello, seconded by Councilman Verola that Resolution #132, A RESOLUTION TO ENTER INTO A CONTRACT WITH GENERAL CODE, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

COUNCILMAN REPORTS:

Councilman Verola – Nothing more.

Councilman Grattidge – Thanked the voters for supporting the two propositions and the candidates. There are courses coming up for the newly elected officials. There is a 3-day workshop in Albany that we are looking into attending. Alan will be attending the Association of Towns Meeting in New York City in February.

Motion made by Councilman Verola, seconded by Councilman Lippiello, A Motion to authorize the supervisor elect to attend the Association of Towns Conference in New York City in February, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Councilman Mitchell – Nothing more.

Councilman Lippiello – Congratulations to all the newly elected town officials. Thanked the residents for their support of the new town hall. It is something we will all appreciate.

Supervisor Acunto congratulated all of the new officials. He said that like any political campaign things get said and done but now we put all that aside and go on with doing the business for the people.

PRIVILEGE OF THE FLOOR:

John Tasse – Sweetman Road – Asked what bodies of water were sampled in the water report?

Councilman Grattidge said a sample was taken by Charlton Heights School which is a tributary which eventually ends up in the Alplaus. This year they took a sample off the Alplaus at Cornelia Avenue. Marv Schorr and the ECC will become an advisory board for the MS 4 Program. They want to incorporate a lot of the language in the State requirements to be in our Zoning Ordinance. In the workshops coming up, they will be working through how each town can incorporate it without having to rewrite their Zoning Ordinance and Subdivision Regulations.

John Tasse – Asked how much extra were the change orders with the water project. Supervisor Acunto said the change with the nested boulders was $20,000.00 and a piping redesign for $7,000.00 and another one for a drainage pipe that was $1,500.00.

Walter Waring, Jr. –Ashley Dr., Ballston Lake – He has purchased property at 276 Lake Hill Road. The Meaneys, Sebasts and Mrs. Prouty of Lake Hill Road were also present. They came to request an extension of a water line which currently ends at 272 Lake Hill Road to continue to the Prouty property. Supervisor Acunto said that their engineer needs to be talking with the Town engineer about requirements. Councilman Lippiello said that he had spoken with Mr. Waring and suggested that his engineer contact John Tabner, our water attorney, to see if there were any other requirements. Councilman Grattidge said we are basically looking at a map, plan and report for the 4 houses.

Councilman Lippiello said this won’t be done until spring.

Jim Waite – Representing the Charlton Snowmobile Club – He requested permission to run their trail across the town’s property on Charlton Road again this year. He presented the Board with a Certificate of Insurance.

Motion made by Councilman Grattidge, seconded by Councilman Verola, A Motion to grant permission to the Charlton Snowmobile Club to continue to run their snowmobile trail in the same place as last year, be approved:

Approved: Councilman Grattidge Yes

Councilman Lippiello Yes

Councilman Mitchell Yes

Councilman Verola Yes

Supervisor Acunto Yes

Kevin Stone – Charlton Road - Spoke regarding the Imaging Service and our focus on the Town minutes and who will be using the program in the next year such as the Planning Board. We should focus on the specific documents we want to get in there. Councilman Grattidge said the one grant we are working on targets planning and zoning specifically for the additional systems. As you get more into the system, you can get maps into the software. It becomes a little more involved. George Eggleston said that in the future, he sees the whole Town using it.

Jim Waite stated that if anyone is interested in mapping, the County has GIS mapping of the Town on line now. There is a link on our town web page that goes directly to it.

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

at 8:58 P.M.

Respectfully submitted,

Gail Hanchar

Town Clerk