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Town of Charlton Saratoga County Town Board
February 13, 2006 7:30pm
The Regular 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 and Supervisor Grattidge.
Supervisor Grattidge led the pledge of Allegiance.
A motion made by Councilman Lippiello seconded by Councilman Gardner to accept the meeting minutes of the Town Board held on January 9, 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 Lippiello seconded by Councilman Salisbury to accept the Town Board Agenda Minutes held on January 30, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
ABSTRACT OF CLAIMS
The Town Board audited the vouchers #1017- #1131 totaling 65,996.05.
A correction was made to voucher #1084 account DA-5130.4 Traffic Control for signs, vendor Corcraft, and an error on amount from $248.30 to $278.30.
A motion made by Councilman Verola seconded by Councilman Gardner to accept the abstract of claims with correction.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
TOWN CLERK REPORT
Town Clerk Heather Scribner read the Town Clerks report. She reported taking in $ 291.82 for the month of January $177.47 was disbursed to the supervisor.
A motion made by seconded Salisbury by Councilman Gardner to accept the Town Clerks report as read.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
SUPERVISOR’S REPORT AND ANNOUNCEMENTS
January expenditures and revenue:
General Fund Revenue of $5,451.99 Expenditures of $50,530.46 Highway Revenue of $89,547.34 Expenditures of $45,877.52 Water District 1 Revenue of $134,652.31 Expenditures of $26,157.40 Water District 2 Revenue of $4,341.90 Expenditures of $165.54
WEB SITE ACTIVITY
Entire site; 24,930, Average per day; 804, Home page; 936, Page views; 11,824, Visits; 6,554, Average per day; 211.
ANNOUNCEMENTS
Supervisor Grattidge stated the Town Board performed an annual audit on Monday, January 25, 2006 at 6:30 pm to 9:00 pm. The departments that were audited include: Town Clerk, Tax Collector, Building Department, Supervisor’s office – bookkeeping and Justices (2). All departments were prepared with a checklist provided by the Town Board. Cash receipts and deposits were crosschecked along with bank statements and monthly reports. Minor changes to procedures were recommended and noted. Supervisor Grattidge said the Town Board members gained insight on the operation of their financial responsibility of all the departments audited. The Town Board approved all the audits. An original copy is filed with the Town Clerk.
SUPERVISOR’S REPORT
For the Month of January Supervisor Grattidge attended 15 different Town related meetings and events including: 3-day training class for newly elected officials in Albany put on by the Association of Towns. 1-day Planning Conference in Saratoga Springs put on by the County Planning Department A variety of Town meetings including the Town Audit, ZBA, ECC, Emergency Planning and our regular meetings. The Installation of Officers for the West Charlton Fire Department The Installation of Officers for the Saratoga Chamber of Commerce. The Town of Ballston Ceremony honoring Active Duty Servicemen and Women that have served in Iraq and Afghanistan.
Supervisor Grattidge attended 9 different Saratoga County meetings. He spoke with the Saratoga County Public Works on three different items; Tree removal on Charlton Road and Jockey Street Supervisor Grattidge stated citizens were concerned with the broken limbs that were hanging up from tree to tree. There were three trees in a row. The public works department was called and asked to take care of the hanging trees for the safety issue. Supervisor Grattidge stated he has not spoken directly with the head of the public works but was told that the public works did contact the Legere family. The public works asked Mrs. Legere for permission to cut the trees. She granted them permission on the fact that they needed to come down for public safety. Supervisor Grattidge stated there were concerns from the Historic District Commission but the trees were in the County right away. Supervisor Grattidge stated he would ask the Public Works to contact him if they were to work in the Historic District.
Poor drainage and potholes on Charlton Road by the old Getty station Supervisor Grattidge stated he has spoken the head of the County Public Works regarding poor drainage and potholes along Charlton Road by the old Getty station. It is apparent that there is a poor drainage situation for approximately 2000 feet along that area. The road is scheduled for rebuilding in the year 2007. Supervisor Grattidge stated to the Public Works to address the poor drainage system before putting in a new black top road. Supervisor Grattidge said he would be following up through out the year with the Public Works to make sure this situation is addressed.
The 2006 schedule is the T intersection of Stage Road down to the intersection of Lakehill, Charlton and Stage Road, approximately 3-4 miles. A temporary patch was done last summer.
Putting in a larger diameter pipe at Stage Road and Vines Road Supervisor Grattidge mentioned to the County Public Works to review the drainage pipe at the corner of Stage Road and Vines Road. Supervisor Grattidge witnessed last year, the pipe running at about 100%. He has asked the Public Works to enlarge the pipe to the next size. Then possibly address the pipe going underneath Vines Road. There would be one driveway along Vines Road to address. Then we could have a larger diameter pipe through there.
ANNOUNCEMENTS
On February 27th Agenda meeting the proposed local law on Wood Burning Stoves would be introduced to schedule a public hearing for March 13th Town Board meeting. A possibly vote will be the April 10th meeting. The Zoning Administrator and the Building Inspector is asked to be present at the public hearing.
Supervisor Grattidge announced a 1-day conference on Planning a Future for Farms in Rensselaer, Saratoga & Washington Counties. The conference takes place on March 22, 2006 in the Town of Easton, Washington County.
COMMUNICATIONS
There are three regrets from board members who can no serve on boards. David Moore who served on the Assessment Board of Review, Gail Hanchar on the Records Advisory Board and Margret Gains an alternate member of the Comprehensive Plan.
DEPARTMENT AND COMMITTEE REPORTS
ANIMAL CONTROL
Dog Control Officer Lee Bramer stated he had 1 complaint and 5 lost dog calls. One of the lost dog calls were when someone had an accident on Route 67, there were dogs in the car, it was thought the dogs were contained after the accident and then one of them came up missing. The dog was found, it had been hit and now it is doing fine. Mr. Bramer gave thanks to the Highway department for letting him know they had seen the dog passing thru.
Mr. Bramer stated there was a wild animal complaint around Imperial Lane and Duesler Court. It was a fisher. Officer Dyer responded and put it down. Mr. Bramer stated he was not present but through reports from Officer Dyer and Mike Emerich who was present, it appeared sick. Councilman Verola asked if it had rabies. Mr. Bramer said since there was no human or animal contact it was not tested. Councilman Verola said it might have had distemper. Mr. Bramer stated if anyone needs to contact him they can call his cell phone the number 365-8271. Supervisor Grattidge stated in this case you could call 911. Mr. Bramer stated 911 were called and the sheriffs then called his pager.
Mr. Bramer stated the rabies clinics are coming up. He has not received a mailing with the schedule. The clinics are usually for dogs and cats held at the 4-H training center. Supervisor Grattidge stated as soon as we receive any information we will place it on the web site. Councilman Verola stated it should be placed on the Town Clerks Bulletin Board as well.
ASSESSORS
Chairman Vicky Hayner stated the Assessors Office has been receiving many tax exemptions. The town’s people have been great sending them in. The low income seniors would need income tax papers to send in with exemptions, we are waiting to receive some of those. A public information meeting held on Wednesday went well. We made ourselves available for questions and answers. March 1st is the deadline for exemptions to be received. Our next goal is getting ready for May 1st.
CABLE
Councilman Lippiello stated he contacted Time Warner Cable to schedule a public information meeting. It looks like sometime early March a date will follow. We are encouraging Time Warner to supply us with a print out of their locations of cable service. Then have them speak with us on their plans for this coming season. Councilman Lippiello stated there is a plan for three build outs but we would like the details on those. Supervisor Grattidge stated it is in the rural area of town, the less populated areas. We are continuing to encourage Time Warner to cover as much area as possible.
COMPREHENSIVE PLAN
Councilman Verola stated the Comprehensive plan met on February 6th with three different boards. It was very well attended. The committee took comments from the public and the boards. Comprehensive Plan Member David Adams stated there were comments received from County Planning Director Larry Benton. The next step would be to get it into a formal plan, then that could be the basis for first a public meeting with the Comprehensive Plan Committee. Then we would submit it to the Town Board followed by a public hearing. The Town Board would decide what to do, either adopt it or ask for changes. The Comprehensive Plan Committee will be meeting the first Monday in March at 7:00pm.
CONSTABLES
Councilman Gardner stated he met with Senior Constable Tom Parks. We sat down and he gave an over view of what they did as Constables. We discussed the manual that Mr. Parks had generated.
ENVIRONMENT CONSERVATION COMMISSION
Chairman Marv Schorr stated they met with Wally Hughes regarding a letter he wrote about perceived pollution in the stream that runs through Kolmar Park. Attended were members from the Town Board. The plan of action is to have the town engineer take a sample when Mr. Hughes has another problem with pollution. We will be speaking with the residents in the Kolmar Park area with regarding their experience with the stream, then develop a plan of action and determine what type of pollution if any and see what we could do about it. The town engineer took a sample last year for the MS4 program. It met standard drinking water standards. There was no apparent pollution at that time although they don’t test for everything, for example ecoli that would indicate run off from septic tanks. Councilman Verola stated road water contamination was tested. Mr. Schorr stated it is not that kind of pollution.
Mr. Schorr stated the roadside clean up is set for April 29th from 8am-12:00pm, following at 12:00pm-1:00pm the Charlton Tree Give away at the Highway garage. At this time we do not know what type of trees we will have. The dates are also announced in the Town Newsletter.
Mr. Schorr stated the ECC discussed the latest Outdoor Wood Burning ordinance. We may have some additional comments for the Town Board.
E-GOVERNMENT
Councilman Lippiello stated they met on February 2nd. The Town Clerk Heather Scribner attended, she is working with member John Kelly on a calendar and a few other items that she would like to see on it. The board is working on updating the Town’s forms. Councilman Lippiello stated the form for using the Town’s Parks would need to be on electronic format it was adopted in 1978. Councilman Lippiello stated at the next meeting we can see if there is anything that needs to be updated. Supervisor Grattidge stated he would like to see it updated.
EMERGENCY PLANNING
Councilman Gardner stated on the 25th of January he met with the Supervisor and the three Fire District Commissioners. It was a groundbreaking meeting. He presented them with information from the state regarding the plan. He asked them to go back and look for the original plan that was created in the 90’s.
HIGHWAY
Councilman Salisbury read the following report from Superintendent Ron Gavin;
General Operation
Plowing and Sanding Brush cutting-Sweetman Rd, Root Rd Clean up after storm Cut down tree on Crooked Street Cleaning Culverts after Rain Storm Patching Roads Cleaning up trees on Rocky Ridge Road (cut by others) Power up signal light at Route 67 and Route 147 Finished barricades for fire department due to tree on wires on LakeHill Road. Clear manholes and fire hydrants twice this month
Equipment Repair
Changing broken axles on Truck #16 Replaced oil Cooler on Loader Repair torque arm Truck #12
Other Misc.
Cut stump to put under flag requested by Historian Laura Linder
Supervisor Grattidge stated he has received phone calls from residents that appreciate the brush cutting along the roads.
Councilman Salisbury stated Superintendent Ron Gavin is looking for a part-time clerk.
HISTORIAN
Historian Laura Linder thanked the Highway department for raising the American flag. A meeting was held last Thursday on Mapping and Listing of Historical Resources of Charlton. Present was a representative from the Saratoga County Green Infrastructure Plan. We grew from 64 sites from her list to 250.
She attended the Comprehensive Plan meeting and brought up the Historic preservation being part of the plan. Sites that are on the Historic register may be entitled to grants and recourses. There have been grants on restoring barns. We may be interested in adding more historic sites on the listing for Town’s people to gain credit.
Historian Laura Linder received a call from an upset realtor on the removal of trees in the Historic District. It is part of our zoning removing trees in the Historic District.
She also attended the Historical Society meeting. They had a successful movable feast. They have chosen the Founders Day Parade Theme, the 30th anniversary of Charlton’s Town Hall.
The County Historical Society Brookside is working on a community memory publication. Come March 1st there will be announcements if someone would like to write a piece about Charlton.
Several requests have been made for information on ariel maps, historic pictures of Harmony Corners and genealogy requests. Historian Laura Linder stated she is asking for pictures who’s who and what’s where in the town. If you have photographs we can scan them and add to our town collection.
During the 1980’s the town had a Gold Cane Award and now is being brought back to our attention. The eldest resident in our community is supposed to have a gold cane when that person passes it goes to the next eldest by the Town Supervisor. Historian Linder stated we are looking for our gold cane.
HISTORIC DISTRICT COMMISSION
Councilman Verola stated the Historic District Commission would be pleased to know Supervisor Grattidge has spoken with Saratoga County regarding the tree removal incident.
JUSTICES
Councilman Lippiello read the following report submitted by the Town Justices.
Judge Ketchum wrote during the month of January, I adjusted 53 cases. $5,150.00 was sent to the State Comptroller comprising of $4,380.00 fines and $770.00 surcharges.
Judge Bascom wrote during the month of January, I adjusted 44 cases. They were as follows: 43 Vehicle and Traffic Law, 1 ENCON Law, 1 motorist with 5 traffic tickets was divested to Superior Court for disposition. Fines and surcharges received and deposited $3,420.00 and amount sent to the State Comptroller check #269 $3420.00.
INSERT
LIBRARY
No Report
PARK
Chairman George Eggleston stated the next meeting is March 1st at his house. We are working on replacing the pavilion at Elmer Smith Park. The play ground climbing dome was primed with paint and waiting for a warmer day to apply the finish coat. Councilman Lippiello stated the pavilion would need new bids for replacing.
PARTY IN THE PARK
Supervisor Grattidge stated the Party in the Park is moving forward, several vendors have been contacted. Maggie Schmidt has been working on the entertainment. We will have a meeting in March to finish up the details. Councilman Verola said a resident has contacted her to consider their band. She will get the persons name.
PLANNING BOARD
Councilman Verola read the report for the Planning Board.
Effective in January. the Planning Board welcomed our new Recording Secretary, Kimberly Caron. Kim has completed the draft of the January Planning Board meeting and is hard at work to help catch up on the publishing of the November Planning Board meeting minutes.
The Town of Charlton Planning Board last met on Monday, January 16, 2006. During this meeting, one public hearing was held, one lot line change was approved, a July, 2005 subdivision was slightly modified, and three other subdivisions plus a ZBA referral were discussed.
1) DeNooyer/Van Guilder (235-1-44 and 235-1-67.2): Two lot subdivision of 80+ acres on route 147, presented at the Public Hearing by Duane Rabideau of Van Guilder Associates. Significant input was received from the public, including concerns regarding possible impact on neighboring wells, reduction in farm land, and water runoff. Planning Board review remains in progress. 2) Mischler (245-1-5.2): Lot line change transferring 6.3 acres owned by William Mischler on Charlton Road to adjacent property owners. Approval was granted on the condition that Saratoga County Planning Board approval is received, which it has. Resolution 2006-01 has been made. 3) Heflin/Durst (255-1-40.1,41, 43.1, 43.2, 43.3): Twenty three lot subdivision of 87 acres owned by Gary Heflin and Dean Durst on Swaggertown Road. The subdivision application was accepted by the Planning Board in June, 2005 and is in the preliminary review phase working on engineering details. The application stipulates town water for all lots therefore requiring extension of the Town water district. The review process is continuing on the evaluation of a conservation design layout. 4) Nigriny (247-1-50.12): Two lot subdivision of 5.3 acres owned by John and Regina Nigriny on the corner of Sweetman and Jenkins Roads. The request does not meet Charlton’s zoning ordinance setback requirements. An application was made to the ZBA for an Area Variance, which was denied at the January meeting of the ZBA. No one attended the January Planning Board meeting to represent this application. The Planning Board has sent a letter to the applicants requesting that they either submit a new subdivision plan that meets all zoning ordinance or formally withdraw their application. No response has been received to date. 5) Vincent/Van Guilder (226-1-20.111): New two lot subdivision application presented by Duane Rabideau of Van Guilder Associates. The applicant is requesting to subdivide 7+ acres out of nearly 94 acres on Sweetman Road in order to place an existing house on its own parcel, to facilitate its sale, while retaining the remainder of the 86+ acres. The application was accepted as complete and the Public Hearing is scheduled for February 20th at 7:45 PM. 6) Land Vantage (223-1-20.111): This three lot subdivision on route 67 was granted in July, 2005, resolution 2005-12. The subdivision was revisited by the Planning Board in order to review discrepancies with a lot line location and driveway locations. Drawing revision nine, dated 1/16/06, was accepted by the Planning Board with resolution 2006-02. 7) ZBA Referral of the request from the West Charlton United Presbyterian Church for an area variance for a sign on route 67. The Planning Board finds that sight distance concerns have been addressed by the NYS Department of Transportation, with DOT approval granted.
RECORDS ADVISORY BOARD
Chairman Heather Scribner stated a meeting is scheduled on February 22nd at 7:30pm. The topic on the Agenda is policies and procedures for records destruction. Its purpose is to follow the requirements by the NYS MU-1 retention schedule. A training class is offered by the NYS Archives on Managing Maps and Plans. This class takes place on March 15th at the Niskayuna Community Center. It is at no cost to the town.
TECHNOLOGY ADVISORY
Councilman Gardner stated the Technology Advisory Committee is working with Superintendent of Highways Ron Gavin for software. Also with the Town Clerk Heather Scribner regarding a computer back up power supply. The discussion of the New Town Hall plans continues. The next meeting is set for February 21st.
TOWN CLERK
Town Clerk Heather Scribner stated she is working with John Kelly in putting new items up on the town’s web site. You can now find the towns Legal Notices on the web site.
TOWN HALL
Councilman Verola reported, the town board has met and receive proposals from three security companies. Albany Internationally has been selected to do the design and work for the New Town Hall. They have met with TEC II and the Technology Advisory Board to review the wiring for our data system. The Town Board has also met with the Town Attorney to review the job description for the owner’s representative and preparing a RFP. We are hoping to be able to advertise sometime this week. The Town Board has budgeted costs for engineering review for the design.
WATER DISTRICT
Councilman Lippiello stated that the new chlorine meter is working well. Significantly better than the old meter.
ZONING
Zoning Administrator Dave LaFountain stated he has issued three permits and collected $505.00. A training session is scheduled for February 22nd with a computer software consultant.
ZONING BOARD OF APPEALS
Councilman Gardner read the following report from ZBA Chair Maggie Schmidt. The report read:
We had 2 area variance request that we heard on January 10th at the Town Hall at 8PM. Both requests were on the same property. The case was 06/01 and the client was John and Regina Nigriny. The board unanimously voted to not grant the requests.
On January 25th the County sponsored a training and information gathering conference at the Prime Conference Center in Saratoga. Most of the Board was able to make it and the day was informative and helpful I am thankful to the Board for putting In the extra time for training, we get a lot of little pieces of information from these conferences that are quite valuable.
We have a hearing scheduled for the West Charlton United Presbyterian Church this Tues, Feb 14th at 8 PM. They are requesting a variance for a sign along Route 67.
RESOLUTIONS
A motion made by Councilman Lippiello seconded by Councilman Verola that Resolution No. 77 A RESOLUTION TO ORDER POSTED ROADS IN THE TOWN OF CHARLTON WITH A FOUR TON GROSS WEIGHT LIMIT ON A TEMPORARY BASIS be approved:
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 Supervisor Grattidge that Resolution No. 78 A RESOLUTION TRANSFERRING FUNDS FROM A WATER RESERVE ACCOUNT TO A WATER RESERVE CURRENT FUND ACCOUNT be approved:
Discussion:
Councilman Salisbury stated what emergency was this project and we should have done a capital improvement for this project. Any water district out of the reserve fund for emergency reasons has to be paid back by the water district within two years. Councilman Lippiello stated repayment has been scheduled as part of the budget over the next two years. This is the last of the bills associated with the Alplaus Creek Crossing project. These bill were not included as part of the major contractor who did the drilling. They were for engineering, legal and preparation work done at the sight. Supervisor Grattidge stated this is a bookkeeping transaction to come in compliance with audit and control. Councilman Gardner stated when he received the resolution he asked if this was really an emergency. An emergency would be when a line has broke and you would need to go out and get the money and services to do it. Councilman Verola stated she would like to table this until we get more information and review these figures. I would like more time to research this.
A motion made by Councilman Salisbury seconded by Councilman Gardner that Resolution No. 78 A RESOLUTION TRANSFERRING FUNDS FROM A WATER RESERVE ACCOUNT TO A WATER RESERVE CURRENT FUND ACCOUNT to be tabled.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Noe, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Noe Approved
A motion made by Councilman Lippiello seconded by Councilman Verola that Resolution No. 79 A RESOLUTION FOR THE EXPENDITURE OF HIGHWAY MONIES PURSUANT TO 284 OF THE NEW YORK STATE HIGHWAY LAW to be approved:
Discussion:
Supervisor Grattidge stated the roads under the CHIPS program are:
When the original road was done the base coat went on and the money for another layer of black top was put in an escrow account by the developer.
A motion made by Councilman Verola seconded by Councilman Gardner that Resolution No. 80 A RESOLUTION TO AMEND TOWN BOARD ORGANIZATIONAL RESOLUTION NO. 14 APPROVED JANUARY 2, 2006 AND REGARDING THE TERM OF APPOINTMENT FOR MEMBERS OF THE ASSESSMENT REVIEW BOARD be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Gardner seconded by Councilman Salisbury that Resolution No. 81 A RESOLUTION TO ESTABLISH A CAPITAL RESERVE FUND TO FINANCE THE COST FOR THE ACQUISITION OF HIGHWAY EQUIPMENT be approved:
Discussion:
Supervisor Grattidge stated a highway reserve fund was created in the early 90’s and maintained until around 1998. At the time, it was felt they would pay for the equipment on an annual payment in their budget. I suggested that we set up a fund like this so the money that wasn’t spent from last years highway equipment fund could be put in the capital reserve fund and the balance of this year’s budget could be put in the capital reserve fund. Then next year the highway department would like to buy a major piece of equipment. At that point we would accumulate enough money between this fund and what is budgeted. It is an extra set of bookkeeping to set up a separate fund. A permissive referendum would be set up to release the money.
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. 82 A RESOLUTION TO AMEND THE 2006 HIGHWAY BUDGET AND TO APPROPRIATE THE SUM OF $13,700.00 FROM THE HIGHWAY UNEXPENDED BALANCE TO THE CAPITAL RESERVE FUND TO FINANCE THE COST FOR THE ACQUISITION OF HIGHWAY EQUIPMENT to be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Salisbury seconded by Councilman Verola that Resolution No. 83 A RESOLUTION ADOPTING LOCAL LAW NO 1 OF 2006 A LOCAL LAW INCREASING THE MAXIMUM VETERANS EXEMPTION ALLOWABLE UNDER 458-a OF THE NEW YORK STATE REAL PROPERTY TAX LAW be approved:
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. 84 A RESOLUTION ADOPTION LOCAL LAW NO 2 OF 2006 A LOCAL LAW AUTHORIZING A REAL PROPERTY TAX EXEMPTION TO QUALIFIED VOLUNTEER FIREFIGHTS AND VOLUNTEER AMBULANCE WORKS be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
COUNCILMAN REPORTS
Councilman Gardner thanked John Morgan and Tom Park for taking time with him this week along with Dave LaFountain and his department. He said he trying to catch up to speed with all the responsibilities he has.
Councilman Lippiello thanked all the people who put in time on a volunteer basis.
Councilman Salisbury thanked Highway Superintendent Ron Gavin for the report he put together.
Councilman Verola had nothing to add at this time.
Supervisor Grattidge thanked the town board for their help with getting through the first six-week period and Town Attorney Robert VanVranken with the resolutions. Also thanking the Secretary to the Supervisor, she doing a great job and Town Clerk Heather Scribner doing a fantastic job these first six weeks.
PRIVALAGE TO THE FLOOR
Dean Durst of Swaggertown
Road stated the reason he is here is to discuss the water district extension on
Crooked Street in reference to the Heflin-Durst subdivision. Mr. Durst is requesting the Town Board to
evaluate the request based on the state of the process they are at now,
finalizing lines, additional engineering work, storm sewers, catch basins and
the water system. Could the town look at it and give a heads idea if it would
be fine pending on final engineering details.
We do not want to find out we are in the same situation from years ago,
were we did a bunch of engineering and then the Planning Board comes back and
says lets go into a different direction.
Then we do a whole another set of drawings at a significant
expense. At this point based on the
recommendation from the Planning Board excepting the plot plans we came up
with, we would like to have the board take a look at the water and say yes it
looks contingent upon engineering. Then
we can move on. Supervisor Grattidge
stated, as you know establishing a water district is a process that the
applicant and the Town Board must follow. The court correspondence with Mr.
Pentkowski the Attorney representing Mr. Heflin, indicated the appropriate time
for the Town Board to act on creating a water district. The last communication he was copied it was
given to Mr. Pentkowski with a specific list on what would have to be done
before the town board could evaluate the water district. Mr. Durst stated the Town Clerk has received
a notarized petition. Based upon that
all the other details are complete, other than minor engineering details, which
should be complete any day. Supervisor
Grattidge stated that Tabner & Kinery Law firm sent a list of requirements
that would need to be met before it was an appropriate time for the town board
to consider. Mr. Durst asked what those
outstanding issues might be. Supervisor Grattidge responded he does not know.
If you check with Mr. Pentkowski he has the last correspondence that was sent
out after the petition was delivered to the town hall. Mr. Pentkowski stated the big issue we have
with Mr. Tabner is what he is sending, it is changing a little every time he
writes. After December 2004 a meeting
in my office he wrote to us, once the Planning Board gave a concept approval of
plan the Town Board would act on it after the filing of the petition. Then in February he writes it has to be upon
final approval. Mr. Pentkowski said
that is why we are here, we need to get this straighten out because clearly it
is unfair to Mr. Durst and Mr. Heflin to have to get final engineering with out
having water first. We are asking the Town
Board to act on the petition. It’s true
some engineering work needs to be submitted to complete what Mr. Tabner has
asked for. The problem is if you are
going to say you can’t act on the petition until the Planning Board gives final
approval these people are stuck with all the engineering without an extension
of water. Supervisor Grattidge stated if the applicant could satisfy the
portion of the escrow we could have a public hearing on the proposal of the
water district. A SEQUR would have to
be done by the Planning Board. You would at least have to get at the level of
preliminary approval of the Planning Board not final approval before the Town
Board could vote on creating the water district. Some basic engineering has to be done to see whether the land
could support number of homes you are proposing. A public hearing would be done on the SEQUR process. Mr. Pentkowski stated we are asking the
board for a water extension for a maximum of 17 hookups. The property has been diagramed of what
would be in the district. Whether that
diagram creates 17 cluster houses or 17 conventional lots is irrelevant to your
roll in extending the water to the district.
No one does the design of the subdivision and then asks to have water,
they do it reverse. All we are asking
you to act on the petition. Mr.
Pentkowski said, Mr. Acunto was in his office on December 20th two
years ago and we agreed on this, then on the 21st I got this letter
of 2004 and rules are changing. We have
to get this squared away. Supervisor
Grattidge stated he believes the letter sent after Mr. Durst brought in the
petition clarifies what the Town Boards position is at this point. Mr. Pentkowski stated if the Town Board is
going to stand by the letter in
Kevin Stone of Charlton Road complimented the Town Clerk who put together a town calendar. Mr. Stone said as we move into the phase of development of the Town Hall could we have a budget report on this project. Is the plan for reducing the size of the Planning Board going to still be watching the board? Are their specifics on what you would be watching? Councilman Verola stated it was discussed and they are comfortable with the Town Board meeting with them at the end of the year to review. Mr. Stone said sometime in October. Councilman Verola stated hopefully a workshop with the Town Board and the Planning Board.
Peter VanBuren of Crooked Street stated a few weeks ago he sent a letter to the editor regarding the Crooked Street development, after seeing the water line proposal. My concerns are with the access with the new development proposal. Supervisor Grattidge stated the access would be Crooked Street and Swaggertown. There would be two accesses. This is regarding the Freedman case. Councilman Verola stated the proposal we are looking at now is not 49 homes. It would be phased in, phased two and three have not been phased in, and would be 28 homes. Supervisor Grattidge stated in our agreement from 1993 all the construction is supposed to go in and out through the Swaggertown Road entrance. Mr. VanBuren stated his concern is the roll Crooked Street has to play with in the next 10-15 years, as development perceives with indirect access with Crooked Street. Why can’t we ask the developers to help litigate the effects of the traffic as the developments generate on the town highways and make improvements on our town roads as opposed to waiting until development goes in? He said he wrote a letter to the editor and copied it to the Town Board and Planning Board on what is the bigger picture regarding these big developments and the effects of our town roads. The town should look at the proposal from the developers and say we would be able to litigate the effects it could have on our town highway system, like improve the shoulders. At the last Planning Board meeting the former Supervisor Acunto said that the Planning Board is supposed to be thinking about those things at the town level. Supervisor Grattidge stated the Heflin-Durst subdivision basically just started down the road. As far as the impact on the traffic and the impact on Crooked Street could be caused by the Freedman subdivision is certainly an open question at this point. It is a fair discussion to talk to developers about improvements especially when they are bringing in utilities along the town roads. There are improvements in the original agreement with the Freeman subdivision that hasn’t been negotiated on since it was signed in 1993. We are waiting for them to sit at the table and talk about the existing road and the walking area. We are concerned with the Crooked Street corridor with both these projects. The Planning Board agreed to the Freedman subdivision a 50-foot right away and now the town engineer and highway department would like to see at least a 60-foot right away. As far as where we are now we are waiting for the applicant to come forward and start discussing the actual construction. Supervisor Grattidge stated the town is under a court order to establish a water district. There are a number of steps before they are close to breaking ground. The subdivision was done in 1993 with a lengthy agreement. Supervisor Grattidge stated they are not under any time frame to get this done.
Supervisor Grattidge adjourned the meeting at 9:34 pm.
Respectfully Submitted,
Town Clerk Heather Scribner |
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