Town
of Charlton
Saratoga County
Town Board
August 14, 2006
7:30pm
The Regular meeting of the Town Board of Charlton, Saratoga
County, New York held at 7:30pm at the Charlton Town Hall, called to order by
Supervisor Grattidge.
Present: Councilman Gardner, Councilman Lippiello,
Councilman Verola, Supervisor Grattidge and Town Attorney Robert VanVranken.
Absent: Councilman Salisbury
A motion made by Councilman Verola seconded by Councilman
Gardner, to accept the meeting minutes of the Town Board Meeting held on July
10, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Abstain:
Aye, Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor
Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman
Gardner, to accept the meeting minutes of the Town Board Agenda Meeting held on
July 31, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
A motion made by Councilman Verola seconded by Councilman
Gardner, to accept the meeting minutes of the Town Board Special
Pre-Construction Meeting a held on July 13, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
A motion made by Councilman Lippiello seconded by Councilman
Verola, to accept the meeting minutes of the Town Board Special Meeting held on
July 24, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
A motion made by Councilman Gardner seconded by Councilman
Verola, to accept the meeting minutes of the Town Board Special Meeting held on
July 26, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
ABSTRACT OF CLAIMS
A motion made by Councilman Verola seconded by Councilman
Gardner to accept General Fund Claims No. 1573-1674 in the amount of
$130,282.84 as set fourth in the abstract No.108.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
TOWN CLERK REPORT
Town Clerk Heather Scribner reported taking in $211.88 for the
month of July, $88.89 was disbursed to the supervisor and $122.90 to disbursing
agencies. A detailed copy is filed at the Town Clerks Office.
A motion made by Councilman Verola seconded by Councilman
Gardner to accept the Town Clerks report as read.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
SUPERVISOR’S REPORT AND ANNOUNCEMENTS
July Expenditures and Revenue:
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Expenditures
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Revenue
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|
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General
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189,823.52
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96,296.69
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Highway
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84,161.15
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17,505.96
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Water Dist. 1
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11,844.32
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68,222.56
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Water Dist. 2
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393.83
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9.91
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Pay Roll
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General
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13,296.42
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Highway
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19,225.18
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Water Dist. 1
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2,869.80
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Water Dist. 2
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165.86
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Total
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$35,557.26
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Town Hall Project
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Architect
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$9,470.94
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H-Fund
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$117,906.49
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WEB
SITE ACTIVITY
The overall number of visits to the Town of Charlton Web
Site during the month of July is:
Entire site; 29,384 Average per day; , Home page; 811, Page
views; 17,143, Average per day; 553
SUPERVISORS REPORT
Supervisor Grattidge reported attending 6 Town Meetings and 7
County meetings. Some of the Town
meetings concerned the New Town Hall Project and the drafting of a Charlton
Employee Handbook. He also attended the
Saratoga County Fair and gave a tour of Charlton to a NYS Assemblymen. He went to a demonstration for some new
Police technology for the County Safety Committee.
SUPERVISORS ANNOUNCEMENTS
A notice was received from the Saratoga County Board of
Elections. The notice read on September
12, 2006 a Primary Election would be held from 12:00pm-9:00pm. All polling places will be open.
Supervisor Grattidge announced that the Saratoga County Animal
Shelter web site was down for a few days but now is up and running. The web site link is for loss pets. When an animal is brought into the Shelter a
photo is taken of the stray animal and then placed on their web site. Supervisor Grattidge stated the town has a
direct link available to the Saratoga County Animal Shelter.
Supervisor Grattidge stated the 2007 budget preparation schedule
has been distributed. All department
heads have received a budget request form. The deadline for departments to
submit their 2007 budget is August 30,2006.
The tentative budget will follow in September with a final budget
adoption before the November 20th deadline.
Supervisor Grattidge received a notice from the Saratoga County
Office of Emergency Services. Emergency
Services has provided a number 884-4769 for residents to verify their 911
listing.
The Town Clerks Office received notification of proposed Zoning
Regulation from the Town of Milton.
They have scheduled a Public Hearing on August 23, 2006. A copy of the proposed Zoning Regulations
for the Town of Milton is filed with the Town Clerk for public review.
Supervisor Grattidge stated the town is at a level in the money
market savings account. It would make
sense to open another CD to gain additional interest. Supervisor Grattidge stated he would open an additional CD for
the Town at the cost of $117,000, continuing to have a sufficient enough of
money to cover the towns on going expenses.
The town has received from the Town of Ballston a proposed copy
of Zoning Regulations. The Town of
Ballston has scheduled a public hearing for August 29, 2006. A copy of the proposed Zoning changes is
filed with the Town Clerk for public review.
Supervisor Grattidge stated during the past week the town had
been served with a summons, a case with Thomas Miller vs. the Plaintiff and
Defendants Town of Charlton and Dream Ponies.
Supervisor Grattidge stated this pertains to a physical injury during
the 2005 Park in the Park. Currently
the town’s insurance company is handling the case.
Supervisor Grattidge announced that the town board would meet
after adjourning tonight’s meeting to discuss the town’s employee handbook.
COMMUNICATIONS
Supervisor Grattidge stated the Galway Public Library Board is
pursuing the idea of redistricting the Galway Public Library. An article will be placed in the Town Board
Newsletter. A brief presentation to
Charlton’s residents will be scheduled in the future. The interested residents are those who live in the Galway School
District. A public vote is expected
sometime in 2007.
Supervisor Grattidge received a letter from the Harmony Fire
Department requesting internet service from Time Warner Cable for no charge.
Currently all Municipalities and Fire Departments are required to pay for
internet service. At this time Harmony
Fire Department has requested if there is any future renewal of the Time Warner
Cable Agreement negotiated, the town will request free internet access for the
Fire Departments and other emergency service providers that protect the
residents of Charlton. Councilman
Lippiello stated he would forward the letter to Time Warner Cable.
Supervisor Grattidge received a letter for the Town of Glenville
who is currently preparing an open space plan and would like to hear from
neighboring communities on open space planning they have conducted. Supervisor Grattidge stated he would contact
the Town of Glenville and give an overview of where the Town of Charlton is
with its Comprehensive Plan.
Additionally Supervisor Grattidge would pass on information regarding
the open space plan that the Saratoga County has been doing.
Supervisor Grattidge receive an email from Hank Coghill,
Disaster Relief Coordinator. The letter
refers to Emergency Planning after the wake of the flooding that occurred. Supervisor Grattidge stated the town has
been working on preparing an emergency plan.
The town board will continue to work on Charlton’s emergency plan.
Supervisor Grattidge received a letter from the NYS Real
Property. The notice stated that the
Town of Charlton’s final equalization rate was 84%. Included was a list of neighboring town’s equalization
rates. A copy is filed with the Town
Clerk for public review.
Supervisor Grattidge received a letter of Confirmation from the
NYS Department of Environmental Conservation stating that they have received
and reviewed the town’s MS4 Stormwater Management Report. Supervisor Grattidge stated the notice was
confirmation that the towns report is complete.
DEPARTMENT & COMMITTEE REPORTS
ANIMAL CONTROL
No report
ASSESSMENT BOARD OF REVIEW
No report- Assessment Board of Review will be taken out of the
Agenda until next year.
ASSESSORS
Chairman Victoria Hayner stated the Assessors office is
maintaining their inventory. Beginning
this fall the Assessors would be looking at their statistics and decide whether
or not the town should have a revalve or wait for another year. Chairman Hayner announced that there are
residents who will be receiving a STAR rebate.
The STAR rebate checks are supposed to be sent out by the end of
October. The Assessors Office has not
received a list of who is eligible for refund.
Chairman Hayner stated the Assessors have not received hardly any
information regarding the STAR rebate.
She suggested residents who have any questions to contact the Assessors
Office.
CABLE
Councilman Lippiello stated the he would forward the letter
stated earlier on to Time Warner Cable.
In the past the town has tried to negotiate free internet service and
was unsuccessful. The town board will
continue encouraging internet service to the Fire Departments.
COMPREHENSIVE PLANING STEERING COMMITTEE
Councilman Verola stated that the Comprehensive Planning
Steering Committee has forward materials to the consultant to prepare a draft
to the town board.
CONSTABLES
Councilman Gardner read the Constables report. There were
28 patrols, 9 911 calls, drove 2318 miles, issued 24 tickets, 0 Accidents and
received 4 complaints.
ENVIRONMENTAL CONSERVATION COMMISSION (ECC)
Chairman Marv Schorr reported that he receives a phone call a
week from residents who are wondering how to dispose of Hazardous Waste. Chairman Schorr stated the towns who offer
hazardous waste collections limit their collections to their residents
only. He has contacted the Saratoga
County Coordinator George Hodgkins and has had no success for a hazardous waste
collection-program although they have been helpful on how to dispose a
particular item. Chairman Schorr suggested to those who may have Cans of Paint.
Paint can become non-hazardous by leaving the lid off and letting it
harden. Chairman Schorr will submit an
article in the town board newsletter with further information. Supervisor Grattidge will continue to encourage
other supervisors support to a hazardous waste collection day. Residents are
asked to contact Chairman Marv Schorr with any questions.
E-GOVERNMENT
Councilman Lippiello stated the board would meet sometime in
September.
EMERGENCY PLANNING
Councilman Gardner stated the last meeting was held in
June. The board will continue waiting
for the Saratoga County to finish their plan.
The town board and the town clerk are schedule to attend a NIMS training
class in September. The Highway
Department has already taken their test.
Town Clerk Heather Scribner will send out a memo with further details.
HIGHWAY
Supervisor Grattidge read the following report for July
submitted by the Superintendent of Highways Ron Gavin.
General Operations
Replaced two Driveway Culverts
Swepted Roads to be paved
Mowed Road Sides
Picked up Garbage on Jenkins Road
Unplug Culverts on Maple Ave and Eastern Ave
Patched Pot Holes
Hauled Stone to Pit
Watered Flowers around Town
Drainage Work on Division Street
Mowed Cemeteries
Trimed around Welcome to Charlton signs
Mowed and Trim Town Parks
Trimmed Trees and Brush around Road signs
Remove Hazardous Trees on Division St and Vines Rd\
Trim around Guide Rails in Town
Paved Old Stage, Little Troy Ln and bad spots on Division St.
Paved Oak, Crawford and Meadown Brook
Put down Shoulders on Little Troy, Old Stage, Oak, Crawford and
Meadown Brook
Equipment Repair
Install new Brake Cans on Truck #16
Sharpen Knifes on Road Mowers
HISTORIAN
Historian Laura Linder thanked Deputy Historian Dorothy Mitchell
for telling a story at the “Story Swap” which was held at the Brookside Musuem.
Deputy Historian Mitchell spoke about the Gilcrest family who lived in West
Charlton. The family was robbed many many years ago.
Historian Linder announced that the Brookside Musuem’s project
“Sharing a Story” deadline is September 3, 2006. She encouraged residents to submit their story/family story about
Charlton.
Historian Linder announced that the Harmony Community Center
building is available for those needing to hold an event. The Harmony Community Center is working on
the theme for 2006-2007 Charlton Directory.
The Charlton Historical Society is working on the upcoming
events. On October 11th at the Elm’s Tree Farm, they are continuing
with a corn maze along with a theme from the Erie Canal.
Historian Linder and her Deputy will be attending the NYS
Archives Dinner at the Governs mansion on October 4th.
Upcoming is the Heritage Hunters fall conference. It is for
those who are interested in genealogy. Historian Linder will place further
information on the bulletin board at town hall.
HISTORIC DISTRICT
No report
JUSTICES
Supervisor
Grattidge read the following report submitted by Judge Bascom.
During the month of July Judge Bascom adjudicated 34
cases. One trial was held at the Town Hall. One Arrest Warrant was issued.
Submitted to the State Comptroller $1970.00 in Fines, $35.00 in Fees and
$715 State Charges for a total of $2,720.00.
LIBRARY
No Report
PARKS
Chairman George Eggleston reported that the Pavilion building is
complete. The Park Committee is waiting for a response to a grant submitted in
2005. A few park permits were issued
this month for the use of Elmer Smith Park.
PLANNING BOARD
Town
of Charlton Planning Board
Report
to the Town Board
August
2006
submitted by Susan York - Clerk to the Planning Board 08/08/06
The
Town of Charlton Planning Board last met on Monday, July 17, 2006. During this
meeting there were no Public Hearings.
Two subdivision applications were reviewed and one ZBA referral
discussed.
1)
Cuchelo ( 235-1-33.1
) Michele Cuchelo owns a large parcel
of land on Route 147 which she would like to divide into 4 parcels. Her application proposed a plan that does
not meet Zoning Ordinance for one of the four lots in that the required 200+
feet of road frontage is not continuous.
Ms. Cuchelo was referred by the Planning Board to the ZBA to pursue a
variance or ordinance ruling unless she was willing to request only three lots. Ms. Cuchelo has applied to the ZBA and will
be heard in September.
2)
Casey
(237-1-17.1): The applicant came
before the Planning Board to apply for a four lot subdivision on Sweetman Road
to create three new lots to sell. The
Planning Board accepted the application as complete and scheduled the Public Hearing
for August 21st at 7:45 PM.
Doman
(256.10-2-22): Mr. Doman has applied
to the ZBA for an area variance to construct a carport on his Callaghan Blvd.
home. The application was referred to
the Planning Board for comments prior to the August meeting of the ZBA, and
feedback has been provided.
RECORDS ADVISORY BOARD
Town Clerk Heather Scribner reported that the board will meet on
August 23, 2006 at 7:30pm.
The Records Advisory Board will be reviewing their budget for
2007 and the Records Grant Award.
Town Clerk Heather Scribner stated the town received a Records
Grant for the amount of $54,320.00. She
will submit to the supervisor all the necessary documentation for the town
board to amend the budget to appropriate the moneys received. As of today the town received 50% funding
for a total of $27,160.00. The initial
part of the grant will be for the purchase of a laptop computer, printer,
office supplies, consultant work, Records Management Clerk.
TECHNOLOGY ADVISORY BOARD
Councilman Gardner stated the board reviewed and made comments
to areas of the Employee Handbook. Town
Clerk Heather Scribner stated she has sent to Chairman Tasse several quotes on
a laptop for the board to review.
TOWN CLERK
Town Clerk Heather Scribner stated the Town Clerks Office is
closed on September 2, 2006. The
issuance of Hunting and Fishing Licenses for the 2007 season has begun.
The Town Clerks Office is working on the preparations for the
September 12th Primary Election.
An agreement with the Charlton Heights Elementary School will be signed
for the use during the Election. The
town is no longer responsible for the expenditures for Elections. The Saratoga County Board of Elections will
purchase supplies and pay salaries to the Election Inspectors and Machine Custodians
on Primary and General Elections. The
Town Clerk will continue organizing and preparing the town for elections. Voter Registration forms are available at
the Town Clerks Office or residents may contact the Board of Elections at
885-2249.
Town Clerk Heather Scribner announced she would be meeting with
a B.A.S.S. a company who provides software to Town Clerks on August 29th
at 10:00am.
TOWN HALL
Councilman Verola stated the Town Hall Project is moving
forward. A few minor contractual items
have been cleared up. Pre-Construction
meetings will continue (meetings are announced on the town hall bulletin
board). Councilman Verola stated the
project will be breaking ground shortly.
WATER DISTRICTS
Councilman Lippiello stated he had met with Superintendent of
Water John Morgan and Jim Mitchell from Environmental Design Partnership. During the said meeting Mr. Mitchell will
present to the town board a report on the improvements to the water district. The Town Board will meet on August 30, 2006
at 4:00pm to discuss the water district.
ZONING ADMINISTRATOR
Zoning
Administrator Dave LaFountain stated he issued 6 permits; 5 Certificate of
Occupancy’s and collected $1,068.00.
ZONING
BOARD OF APPEALS
Supervisor
Grattidge stated the Zoning Board of Appeals met last week. Zoning Administrator Dave LaFountain stated
the variance was approved for a carport.
RESOLUTIONS
A motion made by Councilman Verola seconded by Councilman
Gardner that Resolution No116. A RESOLUTION AMENDING THE TOWN OF CHARLTON BUDGET
FOR 2006 WITH RESPECT TO FUNDING AVAILABLE THROUGH THE NEW YORK STATE
CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
A motion made by Councilman Verola seconded by Councilman
Lippiello that Resolution No.117 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
NECESSARY TO EFFECT PAYMENTS FOR THE PRINTING AND DISTRIBUTION OF THE TOWN
NEWSLETTER be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
A motion made by Councilman Lippiello seconded by Councilman
Verola that Resolution No 118. A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
NECESSARY TO PROVIDE SUFFICIENT FUNDS FOR USE BY THE TOWN HISTORIAN be
approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
Discussion:
Supervisor Grattidge stated he received, a few minutes prior to
the Town Board meeting, that Historian Linder requested a larger sum of moneys
to be transferred. Historian Linder
commented that when the budget was being prepared for 2006 a Deputy Historian
was not allocated for.
A motion made by Councilman Verola seconded by Councilman
Lippiello that Resolution No.119 A PROCLAMATION IN HONOR OF THE UNITED STATES
CONSTITUTION be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye,
Councilman Salisbury: Absent, Councilman Verola: Aye, Supervisor Grattidge:
Aye Approved
A
motion was made by Councilman Verola seconded by Councilman Gardner that
Resolution No.120 authorizing the Town
Clerk to send the Birth and Death records from 1939-1961 for the purpose of
preservation. Browns River Preservation will preserve the Birth and Death
records at a total cost not exceeding $713.00 be approved.
Roll call
vote: Councilman Gardner: Aye,
Councilman Lippiello: Aye, Councilman Salisbury: Absent, Councilman Verola:
Aye, Supervisor Grattidge: Aye Approved
Discussion:
Town Attorney Robert VanVranken stated the town board has three
(3) methods of legislation:
Ordinance
example Zoning Ordinance
Local Law example when the Town Board is ready
to adopt the Employee Handbook
Resolutions
Town Attorney VanVranken stated motions are how Ordinances,
Local Law, and Resolutions come to the table.
As for tonight the town board made a motion to pass a resolution. A motion gets the process on the table; it
is not a separate entity. Attorney
VanVranken suggested the town board changing Heading to Resolutions,
Ordinances, and Local Laws or depending on what the evening may be. There was an issue about a month ago that
someone raised the question stating that a motion is not a resolution and that
is correct but when you moved what you passed it became a resolution. Attorney VanVranken stated it does not need
to be in “his” whereas format.
Town Attorney VanVranken prepared a resolution authorizing the
extension of appointment of temporary highway employee Paul Struys with the
Town of Charlton Highway Department.
Attorney VanVranken stated the town board had already passed a
resolution in May which would make this resolution redundant. The town board agreed that it was not
necessary for further action.
COUNCILMAN REPORTS
Councilman Gardner stated he attended several meetings and
traveled many miles.
Councilman Lippiello thanked the Highway Department for the nice
job with the paving. The roadsides look
nice.
Councilman Verola stated the deadline for submission of
Newsletter Items is September 4th.
All newsletter articles can be submitted to the Town Clerk.
PRIVLAGE OF THE FLOOR
Marv Schorr- Representing the Charlton Seniors
Mr. Schorr stated the Charlton Seniors are looking for a few
basic questions answered by the town board.
What plans are for the existing Town
Hall where the Charlton Seniors hold its meetings? Supervisor Grattidge stated as the town hall project started the
plan for the existing town hall would be for community purposes. It goes along with what the Charlton Seniors
have been using the town hall for the past two years. Supervisor Grattidge stated he hoped that the Charlton Seniors
would continue meeting in the existing Town Hall and after the move into the
New Town Hall. Midge Dube, President of
the Charlton Seniors asked if the Charlton Seniors would continue to be covered
under the town’s insurance policy.
Supervisor Grattidge replied yes.
Mr. Schorr stated more than a third of
Charlton’s population are over 55 years of age, are there any general plans to
meet the needs of the general senior population. Supervisor Grattidge responded the senior group formed only in
the past two years and is still evolving.
The town board is looking to expand what ever services we can provide
with the limited budget and the limited manpower. At this point there has been no over all master plan made
concerning the senior group. Councilman
Verola asked is there any specific items the Charlton Seniors have in
mind? Mr. Schorr replied at this point
we are looking for general information.
Councilman Lippiello stated as the Charlton Seniors grow as an
organization and develops their goals the town board would have something to
work from. It is a joint effort of what
the organization would want to handle and then the town board could help it to
happen. Mr. Schorr stated the Charlton
Seniors appreciate the support the town has provided financially and other
ways.
Philip Peterson-Charlton Senior Treasurer
Mr. Peterson stated as for as the senior program we’ve given
consideration to having a place available on a more reoccurring basis, one or
two days a month doesn’t recreate any continuity in our program. Other towns provide space that the senior
groups can use on unlimited time. This would provide continuity. The Charlton Seniors are limited to guest
speaker type meetings. Mr. Peterson
would like to see a more reoccurring basis at the senior discretion. Supervisor Grattidge stated when the town
government is trying to function and the seniors are doing line dancing it gets
a little “harry” once the new building
becomes open it will open a lot more flexibility for your scheduling. Supervisor Grattidge stated the Harmony Hall
is available they may be another possibility.
Dorothy Mitchell stated during the winter it is difficult to use with
the increase of fuel oil.
Midge Dube stated we are asking once the town has a new town
hall and the existing town hall is used for a community center. As the town board is planning the community
center and the senior group is a legitimate group under the umbrella of the
town the Charlton Seniors will become eligible for a grant. The grant would put a kitchen in the
existing town hall where the Assessors Office is. Many years ago there was a kitchen there. Supervisor Grattidge stated this is
something the town board can sit down and talk about.
Dick Lupi stated the equalization rate for Charlton is 84% he
would like to know what the Town of Glenville was. Assessor Chairman Victoria Hayner stated we do not receive a
report because it is in Schenectady County.
Although they did do a revaluation and she is sure that it would be at
100%.
Dick Lupi stated a while back he had a power outage for seven
(7) hours. Mr. Lupi stated he was frustrated when he called National Grid four
times regarding the power outage over a period of 3 hours. At each time he received a recording message
saying that there were no reported outages in that area. He had called the Sheriff Department and
then finally called channel 6. Channel
6 tried phoning National Grid and no one returned their call. Supervisor Grattidge stated it appears that
the lack of customer service with the transition from Niagara Mohawk to
National Grid. Supervisor Grattidge
suggested contacting the State Officials.
Eva Butler- Charlton Senior Representative
Ms. Butler asked about the status of the senior van. Supervisor Grattidge stated the town board
was waiting for information from the senior group. There was a discussion regarding establishing a nonprofit
corporation for the senior group due to the liability issues. It is on hold until some of those questions
are answered.
Midge Dube-President Charlton Seniors
Ms. Dube stated the Charlton Senior Group has 3 people working
on the non-profit incorporation. Ms.
Dube asked if this would need to be in place in order to receive the van and if
it is not in place do the seniors loose the van. Supervisor Grattidge stated it would be good through the end of
the year. He would like a decision made
by the end of the month, if we are not going to accept the van the county
should be able to find another town that would. If we are not ready this year we can apply again next year.
Philip Peterson stated he and others have been working on the
non profit incorporation. Mr. Peterson stated he had discussions with a third
party that the senior group could go to the town’s insurance company and expand
its coverage. A discussion followed
regarding the town’s liability insurance and the differences between a group
and a citizen who is coming into the town hall for town business. Town Attorney
Robert VanVranken stated there is a significant difference relating to liability. If you have specific group, town government
knows that a group of people is using a facility for a certain purpose. It is not the same as if someone were to
come in the town hall for town business.
Attorney VanVranken stated what is the duty in result of the group, what
happens if it breeches that duty and does that breech of duty cause damages
that can result in liability. For
example senior group line dancing: Suppose
you know if a group of seniors are using this facility. What is the duty? Do you have someone available here for medical assistance? Now you may have a reason to have a heart
monitor. Where is the town board’s
responsibility as it is expanding, at what level of obligation is there. Another Example: Now there are 20-30 individuals.
The facts are now changed you have an organization that contracts with
the town. Now say that the Charlton
Senior Citizens are a Non for profit incorporation which has its own structure
its own organization and its own insurance naming the town as additional
insured. That is where the liability
changes. Then you expand it to make it larger and now you start to talk about a
motor vehicle on the road. Attorney
VanVranken stated he is unaware of any decision whether or not the Town of
Charlton would own the van or whether the non for profit seniors would own the
van. There are all kinds of issues
here. The idea of expanding the town’s
insurance company is not the resolution.
The town’s insurance company will then ask what is it and what is the
increase in of liability. The town
board would need to decide whether or not it wants to take on that
liability. Mr. Peterson stated that
most of the towns are not a non-profit incorporation. Attorney VanVranken stated tonight the supervisor asked for more
information. What is it the group is
going to do and what type of liability issues are there.
Midge Dube stated she sees the Charlton Seniors as a part of the
Town of Charlton and covered under the umbrella by the Town of Charlton. I see the use of the Community Center for
the Town of Charlton Seniors. I see it
as being an extension of the town activities.
Ms Dube stated she does not see it having its own separate entity that
has to have its own insurance.
Dick Lupi stated he thinks the Charlton Seniors can be its
separate entity legally but also part of the town. Supervisor Grattidge stated absolutely. Mr. Lupi stated he doesn’t see being a separate entity that drastic
or taking any thing away of being part of the town. The legal part about it determines the insurance part and how the
liability is spread out and how we operate under the law.
Beverly Hildebrand stated we can’t forget that the part of the
originating of the plan for Charlton.
The Charlton Seniors were originally part of that plan. The only place for seniors to go was outside
of Charlton. Ms. Hildebrand stated she
feels that we are in agreement that this is something we need to have.
Supervisor Grattidge stated the town board wants the seniors to
use the facilities that we have available.
The town board has budgeted for the seniors. When the liability issues started coming up and also speaking
with council and through advice we tried to identify how this group should be
set up, not only for the town’s protection but for the senior’s
protection. Supervisor Grattidge stated
the town board is not looking to limit the group’s ability to meet or
continue. These issues can be worked
on.
Eva Butler suggested contacting other towns on how they are
formed.
Dick Lupi stated we should all be appreciative to the
responsibility the town board has to protect the town.
Keith Seburn stated he is a resident for about five years. His main concern is the lack of cell service
in the community. Mr. Seburn wrote a
letter to the town board last year. Mr.
Seburn stated the town currently has a cell tower up by Harmony Corners. Mr. Seburn stated he has done some research,
Saratoga Springs put up a silo which is a cell tower. It is all paid for by the cell companies. Mr. Seburn presented the town board with
photos of different cell towers used.
There are cell towers as flag poles, in churches, pine trees etc. The Town of Milton is working on putting one
up due to the lack of service. Mr.
Seburn stated that when he uses his cell phone in Charlton there is a lot of
dead zones. It should be something the
town should look at. Councilman Verola
stated that the town is currently working on a cell tower ordinance. She suggested that may be some of these
issues could be looked into. Mr. Seburn
stated the town could receive revenues that would come from a cell tower. Councilman Verola stated the cell tower
company has to come to us. Mr. Seburn
stated he has made several phone calls to a gentleman who owns the cell towers
in Saratoga, has not received a call back.
He also tried calling the carriers.
Councilman Verola stated to keep on trying. Marv Schorr stated the town was told that it would not have any
dead zones when the tower was put up.
Mr. Seburn expressed his interest of Charlton having its own zip
code. He stated it is very frustrating
to live in Charlton and use the zip cope of 12074 Galway. He often has difficulties receiving packages
at his door step. He usually has to
pick up his packages at the post office which is usually closed when he gets
home from work. Mr. Seburn has written
a letter to Assemblyman James Tedisco.
In return Assemblyman Tedisco sent a letter to the post master. Mr. Seburn felt it was kind of grey. Mr. Seburn suggested putting a room in the
New Town Hall where people could pick up packages or purchase stamps.
Supervisor Grattidge stated it’s not the space it is how the
jurisdiction is laid out. You are
talking about the Federal Government regulation.
Mr. Seburn asked that these issues be looked into. Supervisor Grattidge stated this issue has
came up many times through the years.
Laura Linder stated we need to thank the Highway Department for
Painting all the posts of the Historic Markers. It is greatly appreciated.
After everyone had a chance to speak who wished Supervisor
Grattidge adjourned the meeting at 9:25pm.
Respectfully Submitted
Heather Scribner
Charlton Town Clerk