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Town of Charlton Saratoga County Town Board
Agenda Meeting December 27, 2006
7:30pm
The Agenda meeting of the Town Board of Charlton, Saratoga County, New York held at 7:30 pm at the Charlton Town Hall, called to order by Supervisor Grattidge.
Present: Councilman Gardner, Councilman Lippiello, Councilman Salisbury, Councilman Verola, Supervisor Grattidge and Town Attorney Robert VanVranken.
Supervisor Grattidge announced that this meeting is to set the Agenda for the Regular Meeting of the Town Board on Monday, January 8, 2006.
The Town Board will approve the following meeting minutes at the January 8, 2006 Town Board meeting:
Town Board Meeting December 11, 2006 Town Board Agenda Meeting December 27, 2006
A motion made by Councilman Verola seconded by Councilman Lippiello authorizing the town clerk to prepare the abstract of claims. Approved
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Absent Approved
The following items will be on the Agenda for the January 11, 2006 meeting:
Supervisors Report Abstract of Claims Town Clerk report Supervisor Announcements and Reports Web Site Activity Communications Expenditures and Revenues Department Reports
Supervisor Announcements:
Town Hall will be closed on New Years Day January 1st and Martin Luther King Day January 15, 2007. The Town Clerks Office will be open on January 2nd.
The Saratoga County Planning Department is holding there 3rd annual conference on January 24, 2006. Anyone that is interested in attending contact the Town Clerks Office by January 8th.
The Town Board will hold their annual Organizational Resolution Meeting on January 3rd at 7:30pm at Town Hall.
The Town of Charlton Comprehensive Planning Steering Committee will hold a Public Informational Meeting to be held at the Charlton Freehold Presbyterian Church, 768 Charlton Rd on the 28th day of February, 2007, at 7:00 o’clock PM Upon said time the public will be given an opportunity to be heard in regards to the proposed Comprehensive Plan for the Town of Charlton. Take further notice, that the said proposed Comprehensive Plan is available for Public inspection on the Charlton web site www.townofcharlton.org and/or at the Office of the Town Clerk.
The Town Board directed the Town Clerk to make copies available of the Comprehensive Plan Proposal to the public. The Town Board authorized the Town Clerk to make arrangements for Mail n Moore to reproduce 50 copies of Document 1 and 25 copies of document 2. These copies will be distributed at no cost.
The Town of Charlton will hold a defensive driving class for Town Employees on January 31st at 8:30am -3:00pm at the Charlton Freehold Church. Lunch will be available. Supervisor Grattidge sent a memo out to all departments.
Councilman Salisbury was appointed as a representative for the Town of Charlton to the Saratoga County Advisory Youth Board.
Supervisor Grattidge stated that the county will notify Councilman Salisbury when will be meetings.
Supervisor Communications:
Supervisor Grattidge stated that the town board received a letter from the Building Inspector stating that he had failed to submit some paper work for the month of October. A voucher for payment will be submitted for the next abstract.
The town board also received a notice from Environmental Design Partnership (EDP) the letter read: Pursuant to your request, we have reviewed the scope of engineering services necessary for the preparation of design and bidding documents for the water system repairs at the pumping station and at the intersection of Stage and Beechwood. We estimate that engineering fees for our services will be in the range of 6% to 10% of the construction cost. The estimated construction cost is approximately $90,000.00. Billing will be hourly in accordance with our current approved rates for our consultant contract with the Town.
The town clerk caused Notice of Receipt of Tax Roll and Warrant. The legal notice will be placed in the Daily Gazette Newspaper on December 27th and January 3rd. The notice read:
Take notice that I Linda L. LaRue the undersigned, collector for the Town of Charlton, County of Saratoga, have duly received the tax roll and warrant for the collection of taxes within the Town of Charlton, for the year 2007 and that I will attend at Charlton Road (street/road) in the said Town of Charlton, from Jan. 2 2007 to Jan. 31, 2007, from 9am o’clock in the forenoon to 12 noon, o’clock in the afternoon, on each day, excepting, Sundays and holidays for the purposes of receiving the taxes listed on the said roll. Take further notice that taxes may be paid on or before January 31st 2007 without charge or interest. On all taxes received after such date, there shall be added interest of one percent for each additional month or fraction thereof thereafter until such taxes are paid or until the return of unpaid taxes to the County Treasurer pursuant to law. Take further notice, that pursuant to the provisions of law the tax roll of the town of Charlton will be returned to the County Treasurer of the County of Saratoga on the 1st day of April, 2007. Dated Dec. 22, 2007.
Linda LaRue Collector of taxes Town of Charlton
The Town of Charlton received notice from the Town of Galway on their proposed zoning changes. A copy is available at the Town Clerks Office.
Motions & Resolutions
A motion was made by Councilman Verola seconded by Councilman Gardner to amend Resolution 153 dated December 11, 2006.
Resolution No. 153 the last sentence was approved and written as: following the transfer of the sum of $631.55 to such Records Management Account from Town account A-1540.4 – Contractual. The town board agrees that no transfer was necessary to Account A-1460.2. The last paragraph of Resolution NO153 should read: BE IT FURTHER RESOLVED that such payment of $631.55 shall be made from the Records Management Account A-1460.2 as established by Resolution No. 123 of the Town Board and dated September 11, 2006.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Aye: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman Salisbury that Resolution No.157 A RESOLUTION ADOPTING LOCAL LAW NO 4 OF 2006 INCREASING THE MEMBERSHIP ON THE PLANNING BOARD OF THE TOWN OF CHARLTON FROM FIVE TO SEVEN, TO TAKE EFFECT JANUARY 1, 2007 be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Aye: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
LOCAL LAW NO.4 OF 2006
A LOCAL LAW INCREASING THE MEMBERSHIP ON THE PLANNING BOARD OF THE TOWN OF CHARLTON FROM FIVE TO SEVEN, TO TAKE EFFECT JANUARY 1, 2007.
Be it enacted by the Town Board of the Town of Charlton, Saratoga County, New York, as follows:
Section 1. Title and Authority.
This local law shall be known as the “Local Law Increasing the Membership on the Planning Board of the Town of Charlton from Five to Seven, to Take Effect January 1, 2007”. It is adopted pursuant to the authority of Article 2, Article 3 and Article 10 of the New York State Municipal Home Rule Law.
Section 2. Purpose.
The current Planning Board of the Town of Charlton has six members. Local Law No. 2 of 2005 as enacted by the Town Board reduced the membership of the Charlton Planning Board from seven members to five members, and which five member Board was to become effective January 1, 2007. The Town Board has received a recommendation from the Planning Board to restore the membership of such Planning Board from five members to seven members. This request and recommendation is based on several factors, including current work load of the Planning Board, assignment of membership to review individual projects and to make recommendations to the full Planning Board and scheduling concerns that might be negatively affected by a reduction in the membership to five.
Section 3. Current Membership Status.
The current Planning Board of the Town of Charlton has six members serving terms of staggered expiration dates beyond December 31, 2006. One member of the Board, whose term expires December 31, 2006 had resigned effective November 1, 2005 The Town Board appointed a member to fill the unexpired term of former Planning Board member Deborah Herrin and which term is set to expire December 31, 2006. This information is set forth in Local Law No. 2 of 2005.
Section 4. Seven Member Board.
The Town Board of the Town of Charlton hereby increases the membership on the Town of Charlton Planning Board from five to seven, and which shall take effect on and after January 1, 2007. This Local Law hereby revokes Local Law No. 2 of 2005 with respect to the total membership of the Charlton Planning Board.
The Town Board further confirms that it will appoint sufficient members necessary to create a seven member Planning Board and which appointments will occur at the organizational meeting of the Town Board currently scheduled for January, 2007.
Section 5. Severability.
The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provision.
Section 6. Effective Date.
This law shall be effective upon filing with the Secretary of State.
I certify that this is a true and exact copy of this original as passed by the Town Board of the Town of Charlton on December 27, 2006.
Heather Scribner Charlton Town Clerk
A motion made by Councilman Verola seconded by Councilman Salisbury that Resolution No.158 A RESOLUTION AUTHORIZING THE TERMINATION OF EMPLOYMENT OF TOWN HIGHWAY EMPLOYEE ROBERT ARMITAGE PURSUANT TO HEARING OFFICER DECISION DATED DECEMBER 4, 2006 be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Aye: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman Lippiello that Resolution No.159 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE TOWN CONTINGENCY FUND TO THE TOWN SUPERVISOR PERSONAL SERVICES FUND be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Aye: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Supervisor Grattidge stated the cause of the transfer was in the beginning of the year at the Organizational Resolution meeting the town board reapportioned the Secretary to the Supervisors salary to have more coming out of the general fund than the water fund.
A motion made by Councilman Verola seconded by Councilman Salisbury that Resolution No.160 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE TOWN CONTINGENCY FUND TO THE TOWN CLERK PERSONAL SERVICES FUND be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Aye: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman Gardner that Resolution No.161 A RESOLUTION EXEMPTING TWO PLANNING BOARD CASES FROM THE NEW TOWN OF CHARLTON FEE SCHEDULE be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello; Aye: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Councilman Lippiello stated the Superintendent of Water is continuing to have problems with the van used for the water district. Somehow, the van is able to increase the amount of oil in the crank case. One of the notices ford put out in their bulletin was to not use bulk fuel (currently being used in the van) but to purchase gas from a gasoline station. The Superintendent of Water John Morgan will be submitting a voucher for reimbursement for gasoline next month that was purchased on his personal charge card. Supervisor Grattidge stated currently Mr. Morgan is trying to get an oil sampling kit to send out to a company. Mr. Morgan stated he had gone to a gas provider and they are willing to produce a slip of where the truck delivers it gasoline. Mr. Morgan stated he is currently working with Morris Ford resolve the problem.
Councilman Lippiello stated that the Superintendent of Water received a notice from the NYS Department of Health stating that the town would need to do a treatment to the water district to bring up the chlorine levels. Mr. Morgan stated it looks like the water district may have to chlorinate the water. Councilman Verola asked for a copy of the letter Mr. Morgan received. Mr. Morgan stated he would make it available at the end of the month as soon as he confirms it. Mr. Morgan received the notice at 5:00pm this evening. He plans to contact the NYS Department of Health tomorrow.
Councilman Verola stated the Historic District is working on a folder that would be handed out to the resident’s in the Historic District. The folder will contain information about the houses in the Historic District. It is a beautiful presentation. The Historic District Chairman Jim Poirer is working on the cost for the folders. It looks like the cost may be around $300.00 it could be a little over or under.
Councilman Gardner stated that he meet with the Emergency Planning group and came up with a few names to fill the roll of Emergency Coordinator. The names would be discussed in executive session.
Councilman Gardner stated he wrote a letter that he would to include into the meeting minutes. The letter read:
Things for consideration before the organizational meeting.
Introduction: The following are my personal thoughts and feeling on eleven or so of the 2006 resolutions that will be transferred to 2007 as written. The reason that I wrote these comments is that no one asked if I had any feeling, comments or most importantly disagreement with the existing resolutions. The act of reading these comments into the minutes are my way of saying up front in writing what my position is and I expect only that you listen and consider these thoughts and ideas
Assessors Highway Planning Board Water Districts Zoning The remaining departments and committees can report on an as needed basis to keep the residents informed as to their needs and changes as they occur. The five mentioned above are required to report monthly. The report structure and form can be developed by the board and committee or department head. This does not mean to suggest that these chairs and or department heads are not welcome at the monthly town board meeting. (The monthly meeting is a staff meeting)
In my opinion, this is a needed position but it is neither full time nor currently filled at this time, we, as a board, have permitted appointment of a bookkeeper who also has assumed the roll of administrator when and where it fits a fancy. This disguising of town employees jobs and job functions has to stop. And to that end, I’m proposing that the supervisor can appoint a part time secretary to do all of his secretarial work including meeting agenda, letters, memo answers and responses to all contacts by phone, fax and e-mail as appropriate. This position can be part time - 15 hours per week - at a rate of pay of $12 per hour. In the past, this role was perverted into a full time position dealing solely with bookkeeping and other financial matters, such as investment of town funds. I realize that we need to have a bookkeeper who only deals with the books. I would support a part time bookkeeping position of 15 hours per week at a rate of pay of $18.00 per hour. This would not include payroll duties other than posting the numbers received from a payroll company.
D. Resolution #7 , This resolution needs to be expanded to include in its beginning that the Town Board operates and runs the water districts and appoints a superintendent and assistant superintendent of the water districts that serve at the pleasure of the town board.
E. Resolution #12 - The resolution to appoint Victoria Hayner to Chairman of the Board of Assessors, I will not support. I will consider other options that will support correction in the salary difference between the three assessors. The 7200 dollar difference is not fair nor fiscally responsible. We have no justification to continue this way of thinking. The other assessors have or will be completing their training and we have a very supportive county real property staff to fill any short falls that may possibly arise. F. Resolutions 13 - the appointment of assessor clerk by the chairman of the assessors. I will support this resolution if the other two elected assessors have a right to approval the candidates selected. As they, too, have to work with and give work direction to these clerks. This would be similar to the town justices. Like all of the other town positions, I feel it is right and proper to define the work hours and rate of pay for these clerks. As listed in the resolution 32, the clerks would be paid at a rate of 10.42 per hour but no where do we identify the days of the week or hours. G. Resolution #26 - Designating certain banks as depositories for Town funds. I can not support this resolution because I do not understand the wording of paragraphs 1-7 the Be it further resolved that: H. Resolution # 27 - Where the water district money is deposited. In both of these resolutions 26 and 27, it needs to be stated that any one or all of the Board members may have access to the reports and daily balances of any and all of the money accounts in any and all of the banks or depositories holding Town funds, I. Resolution #32 - establishing salaries for appointed and elected officials. I will not vote in the positive for this resolution. I feel, as I did last year, that the compensation should be part of the appointment and that also applies to elected officials. Those should also each be a resolution. The lumping of all the compensations into the vote for all or vote for none is nothing more than coercion to those voting to enjoin into something that they disagree with. In 2005, as this board met to work thru the same document, I expressed my very strong concerns regarding the pay for assessor. A year has passed and nothing has changed. The budget was created and passed and no one except me feels that salary delta of 7k, which is greater than the yearly salary of the other elected junior assessors, is of any concern. The past history adjustments for uncontrollable circumstances are understandable. But to continue when the crisis is passed is inappropriate. J. Resolution #46 allowing full time administration employees to enroll in the Town’s health insurance plan . This resolution was specifically written for the supervisor’s secretary and is no longer needed as the town employee manual supersedes this resolution. If it appears at the organizational meeting, I will vote nay. K. Resolution # 47 appoints a part time court clerk. We now know that this is completely a town board appointment - both in creating the position and naming the appointed individuals. Much discussion by the board and the seeking of rule of law has occurred over this position. The town justices for many years functioned without a court clerk. It has only been in recent years that the two justices have had this support. Very recent events, which I can only assume precipitated from the town audit, created a strained work environment between the two justices and clerk. The ending outcome was that only one justice enjoyed the efforts of the clerk in the operation of the court. Based on the verbal and written comments of the justice and court clerk, between which the problem exist., complicated by the fact that the court clerk is the spouse of the other justice. I feel a time out is in order. For that reason, I will vote nay to any court clerk position and look for other alternatives in an attempt to assure the fiduciary responsibility of the court. L. Resolution # 51 to appoint an emergency planning committee. Having been the chair of this committee in 2006. I respectfully propose a suggestion by councilman Verola that the Town Board take the lead and create the town emergency plan. In waying hours as chair I met with the three other members and together we created a short list of possible candidates for the town’s emergency coordinator which can be a part of this resolution when it is rewritten. Since these individuals have not be asked if they will consider the position and because the board has not approved any other resolution I offer this as an alternative to 2006 resolution.
Councilman Gardner stated he didn’t want to go into the Organizational Resolutions meeting like the beginning of the year and be blind sited.
Councilman Salisbury stated that some of the Organizational Resolutions appear confusing the way they are set up. The banking Resolution No26, say if a town board member would like to go into a bank and look at town accounts, the town board has no authority. Councilman Verola stated the resolution does state, the under people mentioned below have the authorization to view those records but in the resolution there is no one named below. Supervisor Grattidge stated the resolution has been with us for a while. Councilman Verola stated that the resolution should be no one has authorization to make discussions on town accounts but the town board has viewing rights. Town Attorney Robert VanVranken stated once you look at resolution no. 26, the whole thing could be cleaned up. Councilman Verola stated the town board should hold a workshop meeting with the Town Attorney. Councilman Verola stated that she would like to see the chairman appointments such as the Planning Board and the Zoning Board be appointed by their own board members. The Town Board may also consider for the chairman to serve a term then rotate every two years. Attorney VanVranken stated he would check on those issues to make sure they meet the statute.
Attorney VanVranken stated he would work on the resolutions with the town board. Attorney VanVranken stated he would redraft some of the resolutions if the town board members gave him a list and let him know what they would like to include.
Supervisor Grattidge directed the town clerk to cause notice to reschedule the Organizational Resolution meeting that was set for January 3, 2007 to January 8, 2007 at 6:30pm at town hall.
Supervisor Grattidge stated a Town Board workshop meeting would be held on January 3, 2007.
Councilman Verola inquired about the Town Hall Project Owners Representative Tony Ward attending the Town Board meetings to report on the New Town Hall. Supervisor Grattidge stated the town board receives biweekly minutes from the job meetings. He contracts the town by the hour. Supervisor Grattidge stated he doesn’t see where there is a benefit to have him come out to report in a public forum. Councilman Lippiello suggested having Mr. Ward condense the job meeting minutes and submit them to Councilman Verola to report on. Supervisor Grattidge stated he would contact Mr. Ward.
Councilman Verola stated the town board was supposed to determine where the Personnel files are kept. Supervisor Grattidge stated the personnel files have been moved to the Supervisors office. There was a file cabinet available and arrangements are being made for a key to keep it looked.
Highway Forman Mike Emerich stated the Highway Superintendent is supposed to keep their own personnel records under the Highway Law. Attorney VanVranken stated the Highway Department has jurisdiction over the personnel and the town board over the funding of the position. Where ever the highway records are kept is not specified in the statute. It is the Highway Superintendents responsibility to keep those records confidential.
Town Clerk Heather Scribner stated all records for the town should be locked and kept secure.
Supervisor Grattidge stated there will be a workshop shop scheduled with the town’s engineer. Mike MacNamera of EDP received information from the Crooked Street subdivision. Mr. MacNamera is currently reviewing the information. He will be reporting to the town sometime around January 15th.
A motion was made by Councilman Lippiello seconded by Councilman Verola to enter into an executive session to discuss a personnel issue.
The town board convened at 9:00pm. No action was taken during executive session. The Town Board meeting was adjourned at 9:00pm.
Respectfully Submitted,
Heather Scribner Town Clerk
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