 |
|
****JavaScript based drop down DHTML menu generated by NavStudio. (OpenCube Inc. - http://www.opencube.com)****
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||
|
Town of Charlton Saratoga County Town Board
Agenda Meeting January 29, 2007
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 spoke on behalf of the Town of Charlton for the tragic loss of a past fellow town board member Damasita Miner (Dimmy), condolences to the Miner Family. Our prayers for recovery go out to her husband Francis Miner (Fran) who was left in serious condition from the automobile accident. A moment of silence was given to reflect on this tragedy.
Supervisor Grattidge announced that this meeting is to set the Agenda for the Regular Meeting of the Town Board on Monday, February 12, 2007.
The Town Board will approve the following meeting minutes at the February 12, 2007 Town Board meeting: Town Board Organizational Resolutions January 8, 2007 Town Board Regular Meeting January 8, 2007 Town Board Workshop January 16, 2007 Town Board Workshop January 19, 2007 Town Board Agenda Meeting January 29, 2007
The Town Board Members Councilman Verola, Councilman Gardner, Councilman Lippiello and Councilman Salisbury audited vouchers No. 1028-1097 on January 29, 2007. Town Clerk Heather Scribner prepared the edit list of Claims No. 1028-1097 totaling $46,041.95 for abstract 102 as presented to the Town Board.
The Following vouchers were pulled for discussion: Voucher 1062 to Gorman Brothers inc. account DA-5142.410 for $305.25, Voucher 1079 to Superior Business Products account A-3120.411 for $45.98, Voucher 1080 to Spa Auto account F-8340.418 for $11.78, Voucher 1081 to Burnt Hills Hardware account F-8340.411 for $10.73 & account F-8340.418 for $32.39 and Voucher 1082 Burnt Hills Upholstery account F-8340.2 for $135.00. Councilman Gardner stated that voucher number 1062 to Gorman Brothers Inc. for cold road patch materials should be in account DA-5110.414 Maintenance of Roads. Supervisor Grattidge stated he assumes it was coded for account DA-5141.410 winter road materials because it was being used in the winter months. Councilman Verola stated that it is not snow removal it is a repair of the roads. Highway Forman Mike Emerich stated with the new code DA-5141.410 labeled road materials during the winter it throws everything off. This account includes sand and salt, it seemed like that would be the right code. It is a road material used during the winter. Supervisor Grattidge stated that there is a category for winter material. Forman Mike Emerich stated that during the winter there would be approximately two loads of less than a $1000.00 used during the winter the rest would be used in the other months. Supervisor Grattidge stated the town board would need to make a discussion. Councilman Gardner referred to the voucher number 1079 to Superior Business Products for office supplies used by the NYS Police. Councilman Gardner stated from his understanding the town does not receive reimbursement for office supplies. Supervisor Grattidge stated that the only reimbursement we receive is for long distance calls made out of the NYS Police Station. We do receive funding from the towns Galway and Providence for maintaining the NYS Police Station. Councilman Verola stated that she likes having the NYS Police in the town. Councilman Lippiello stated that it is worth the investment of the visibility. Councilman Gardner abstained from the claim. Supervisor Grattidge audited voucher number 1079; Councilman Verola referred to voucher number 1080 to Spa Automotive for $11.78. Councilman Verola stated there was a question regarding the account code I did not have the new account code listed in the record. The town board approved the voucher 1080. Councilman Verola referred to voucher 1081 to Burnt Hills Hardware a question asked regarding a key blank 96. Town Clerk Heather Scribner stated she spoke with the Superintendent of Water John Morgan and Mr. Morgan said it was for a duplicate key to the water van. Supervisor Grattidge referred to voucher number 1082 to Burnt Hills Upholstery for a curtain for the water van. Councilman Verola stated that the question was in reference to the account code. Supervisor Grattidge stated that it was coded for equipment because it was mounted into the van. A motion was made by Councilman Verola seconded by Councilman Salisbury authorizing the town clerk to prepare abstract 102 claims no. 1028-1097 totaling $46,04195. The Town Board directed the Town Clerk to make a correction on voucher no. 1062 changing the account number DA-5142.410 Snow Removal Materials to DA- 5110.414 Maintenance of Roads. Approved
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Supervisor Grattidge received a ceremonial flag from the Saratoga County ceremony honoring veterans Alice and Vernon Pashley. Supervisor Grattidge invited the Pashley’s two sons to the February 12, 2007 Town Board Meeting to present to them the flag and a DVD of the ceremony. An additional copy of the DVD will be given to the Town Historian for her archival records.
Supervisor Grattidge announced that the following items will be on the Agenda for the February 12, 2007 meeting: The Annual Departmental Audit and a report from the Saratoga County Emergency Services on the January 15th – 18th ice storm.
A meeting is scheduled on January 31, 2007 at 7:30pm to get started with the towns annual Party in the Park. The Park Committee would be meeting as well to discuss possible trail investigation.
Supervisor Grattidge announce that a workshop called Housing Trust Fund Saratoga County scheduled on January 30th at 8:30am at the Cooperative Extension. The topic is supporting affordable housing.
Supervisor Grattidge stated that he had appointed Marvin Schorr as the town’s representative to the Household Hazardous Waste Committee at the county. This year the town’s Hazardous Waste Collection would be a joint effort with three other towns. A tentative day is scheduled sometime in August. The location will be the Town of Milton Highway Department. There is a possibility of computer items to be accepted. A pre-registration will be required. An article will be placed in the May addition of the Town Board Newsletter. There were one hundred residents participated in the last collection day said Supervisor Grattidge.
Supervisor Grattidge received notification that the Planning Board will hold a public hearing on February 19th at 7:45pm on the proposed subdivision for the lands of Payton on Route 147.
Supervisor Grattidge announced that a workshop will be held, Planning for the future of Farms. The series of workshops would be held in Washington and Saratoga County focusing on purchasing development, program resources and funding opportunities for local governments.
The town board received a letter from the Chairman of the Board of Assessors concerning exemptions to the Volunteer Firefighters. This year the New York State is offering a choice of a $200.00 income tax credit or property tax credit. Supervisor Grattidge stated he assumes a notice was sent to each fire district.
Working towards the town’s emergency plan Supervisor Grattidge has scheduled a workshop meeting for Tuesday, February 6th at 7:30pm. Several of the items he would like to move forward on is the appointment of a town emergency coordinator, rewriting the town’s emergency management plan, working on a resolution adopting a NIMS system and signing a mutual aid agreement between the county and all local jurisdictions. Supervisor Grattidge stated that Councilman Gardner had distributed blank copy of an emergency plan. There is an electronic copy available or the Town Clerk can make copies if anyone needs a copy.
Supervisor Grattidge asked the Highway Department to start working on the Agreement of Expenditures of Highway Money. Last years agreement was signed in February.
Supervisor Grattidge requested the Highway Department to review the five year contract for municipal sharing. The agreement states to review the contract each year and to see if there are any changes necessary. If there are changes the Highway Department is asked to provide the information to the Town Board. If no changes are needed Supervisor Grattidge has asked the Highway Department to provide a statement for the minutes.
The town board is waiting for the water department to submit there annual report, stated Supervisor Grattidge. The town board will be looking for an update on water district specification and bids.
Supervisor Grattidge will include on the February 12, 2007 Agenda a resolution for a transfer of funds to the Tax Collector personal service account.
Councilman Verola stated Resolution 10 of 2007 appointing members to the Board of Ethics would be set for the next Agenda meeting.
The Burnt Hills Ballston Lake Girls Varsity Cross Country Team won the State Championship this year. Supervisor Grattidge recommended presenting the team with a proclamation at the next meeting. The town board agreed.
The Charlton Heights Elementary School has made a request for the town to find another location for an election polling site due to security reasons. Supervisor Grattidge stated the town board would need to look into some of its options. Currently the polling sites for districts 1 and 4 are at Town Hall, district 2 is located at the West Charlton Firehouse and district 3 is a the Charlton Heights Elementary School. The Board of Elections is encouraging the towns to use a single polling place. When the New Town Hall is complete the logistics would be there. The Charlton School for girls or the Freehold Church could be a possibility says Supervisor Grattidge. Further discussion will follow.
Supervisor Grattidge stated the town’s bank Ballston Spa National may provide town board members with access to an online viewing of its accounts. The town board members would receive a password to get in for viewing accounts.
The Town Attorney would provide necessary information to get started with the Storm Water Management Program on the February Agenda Meeting.
Supervisor Grattidge stated that each employee received the towns Employee Handbook and then after was asked to sign an acknowledgement form. A number of employees have not returned these forms. The Town Attorney stated who ever is the deliverer of the Employee Handbook could take the sheet out and indicate on the sheet when the handbook was delivered, who it was delivered to and when they received the handbook. A notation could be written that who ever they delivered it to refuse to sign acknowledging they received the handbook, and then file it.
Councilman Salisbury stated that the town board should consider getting a time clock in the town hall for the purposes of the retirement system.
Councilman Gardner suggested meeting with each department individually going through the new account codes. He will meet with Kathy to discuss any changes done recently. Supervisor Grattidge stated the Town Clerk Heather Scribner has prepared a packet of information on the voucher procedures for each department. Councilman Verola stated the account codes are the concern. Town Clerk Heather Scribner stated she would like to include a detailed description of the account codes. Town Clerk Heather Scribner asked the town board members if there were any other items she should include in the packet? The town board stated that it looked good.
The Town Board raised questions to the Town Attorney regarding open meetings. The Town Attorney Robert VanVranken presented to the town board two sections of the public officers law (attached to minutes). One has to do with open meetings and the other is executive session legislation. Concerns have been raised with meetings done in my office and workshops, says Attorney VanVranken. There is no such thing as a workshop in the sense that all meetings you have when you gather together is an open quorum. There are no meetings that disqualify. There are examples in the law when you can meet that is not an open meeting, for example a conference a party etc. Provided in the document presented describes what is an open meeting, what’s not, what is a workshop, that they have to be noticed, when there is requirements for minutes and when there is not and so on. The following sections have been highlighted: 1. “Meetings” means the official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body. 2. “Public Body” means any entity, for which a quorum is required in order to conduct business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporations as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body. 3. “Executive session” means that portion of a meeting not open to the general public.
Section 105 of the Public Officers Law read; Conduct of Executive session, upon a majority of its total membership taken in an open meeting pursuant to an motion identifying the general area or areas of the subject or subjects to be considered. A public body may conduct an executive session for the below enumerated purposes only, provided however that no action by formal vote shall be taken to appropriate public money’s. Attorney VanVranken stated when you come out of executive session you’re supposed to describe the conversation you had. Example, when you come out you say the board discussed ABC no action was taken. An exclusive list was given. Section 2, Attendance at an executive session shall be permitted to any member of the public body and any other person authorized by the public body, Attorney VanVranken stated a question raised whether or not the Town Clerk could attend, Town Clerks can come if invited are not authorized to come if not invited. The town board invites the people who can come into an executive session. Councilman Gardner raised the question whether or not minutes are taken during executive session. Attorney VanVranken stated that they are not required unless you take a vote in an executive session. If you have an executive session, have a discussion, then come out of executive session and vote, the minutes are taken in that vote. Any conversation in executive session is not confidential.
Councilman Verola thanked the Town Attorney for providing the Town Board with the information.
A motion was made by Councilman Verola seconded by Councilman Lippiello pursuant to section 105 of the public officer’s law to conduct an executive session for the particular purpose of discussing the Capital Reality Litigation.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
TOWN BOARD AGENDA MEETING January 29, 2007
Minutes of Executive Session Minutes of Public Session Following Closing of Executive Session
Following the motion made during the Public Meeting of the Town Board Agenda Meeting held on January 29, 2007, the Town Board convened in Executive Session for the purpose of discussing issues related to the potential litigation involving Capitol Realty, Inc. The Town Board invited Attorney for the Town, Robert E. Van Vranken, Deputy Town Attorney William Keniry, Town Engineer James Mitchell and Town Engineer Michael McNamara to participate in the Executive Session.
Within the Executive Session, the Town Board discussed the subject of eliminating the water storage tank from the water district extension pertaining to the Capital Realty subdivision, and the subject of potential acquisition of certain real property within said subdivision. A discussion occurred concerning the subject of reviewing fees and water hookup charges for the Town public water system.
Attorney Keniry responded to questions from the Town Board concerning issues related to the Supreme Court and Appellate Division of the Supreme Court decisions regarding the Capitol Realty litigation. The Town Board reviewed with the Town Engineers information and data regarding water usage in the Town of Charlton and the need for a previously requested water storage tank to be located within the Capitol Realty subdivision adjoining Crooked Street. Data presented by the Town Engineers indicated that the original requirement for the installation of the water storage tank has been reviewed and expanded to result in a recommendation that the water storage tank be eliminated as a necessity for the water district extension as granted in the decisions of the Supreme Court and the Appellate Division of the Supreme Court.
The Town Board discussed the issue of the 1993 Agreement between the Town Planning Board and Capitol Realty, Inc. with respect to the transfer of certain lands owned by Capitol Realty, Inc. and located along the Alplaus Creek, in part, to the Town of Charlton. The Supervisor articulated a rationale for continuing with respect to the Agreement for transfer to the Town of Charlton of this property. Councilwoman Verola articulated a rationale for modifying this provision of the 1993 Agreement in which the Town of Charlton would not accept title to this parcel. Additional discussion related to these two positions was conducted and included other members of the Town Board.
The Town Board moved to conclude the Executive Session and to reconvene the Public Meeting. A motion was then made by Councilman Gardner and seconded by Supervisor Grattidge authorizing the Supervisor to sign amended applications and plans for the water district extension, in order to eliminate the referenced water storage tank.
The vote in favor of this motion was unanimous (5-0).
Councilman Gardner moved that the Town not accept the Capitol Real Estate developer’s offer of dedication of certain lands associated with the Capital Realty subdivision as described in the 1993 Planning Board Agreement. Councilwoman Verola seconded the motion.
Voting in favor of the motion were Gardner, Verola and Salisbury.
Voting in opposition to the motion were Lippiello and Grattidge.
The motion to not accept the Capitol Realty subdivision lands was carried by a vote of 3-2.
Subsequent to the vote on the motion with respect to the dedication of lands, additional discussion occurred concerning the subject. Supervisor Grattidge stated that it was his opinion that the subject of the Town’s taking title to the real property was required by the original Agreement in 1993, that the lands were to be used for the benefit of the entire community and that the lands were part of a Planning Board plan to access property for all residents to enjoy. Supervisor Grattidge further indicated that he believed the Town was giving up a significant asset and again reiterated his strong belief that the Town should accept title to the referenced real property. Councilwoman Verola articulated the position that the Town did not need to own additional public lands, that the existing park lands of the Town were underutilized and that the Town did not have sufficient resources to manage additional public lands which were, in part, located along the Alplaus Creek and in areas of significant slope and possible safety concerns.
The meeting was adjourned at 9:35 p.m.
Respectfully Submitted,
Heather Scribner Town Clerk
TOWN OF CHARLTON COUNTY OF SARATOGA STATE OF NEW YORK
RESOLUTION NO.60
January 8, 2007
A RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN AMENDED APPLICATIONS AND PLANS FOR THE WATER DISTRICT EXTENTION
WHEREAS, the Town Board reviewed with the Town Engineers information and data regarding water usage in the Town of Charlton and the need for a previously requested water storage tank to be located within the Capitol Realty subdivision adjoining Crooked Street and,
WHEREAS, the data presented by the Town Engineers indicated that the original requirement for the installation of the water storage tank has been reviewed and expanded to result in a recommendation that the water storage tank be eliminated as a necessity for the water district extension as granted in the decisions of the Supreme Court and the Appellate Division of the Supreme Court.
NOW BE IT RESOLVED that the Town Board hereby authorizes the Supervisor authorized to sign amended applications and plans for the water district extension, in order to eliminate the referenced water storage tank.
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 January 29, 2007.
Dated: ________________________
____________________________ Heather Scribner, Town Clerk
TOWN OF CHARLTON COUNTY OF SARATOGA STATE OF NEW YORK
RESOLUTION NO.61
January 8, 2007
A RESOLUTION NOT TO ACCEPT CAPITOL REAL ESTATE OFFER OF CERTAIN LANDS
WHEREAS, the Town Board reviewed the 1993 Agreement between the Town Planning Board and Capitol Realty, Inc. with respect to the transfer of certain lands owned by Capitol Realty, Inc. and located along the Alplaus Creek, in part, to the Town of Charlton.
BE IT RESOLVED, that the Town Board does not accept the Capitol Real Estate developer’s offer of dedication of certain lands associated with the Capital Realty subdivision as described in the 1993 Planning Board Agreement.
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 January 29, 2007.
Dated: ________________________
___________________________________ Heather Scribner, Town Clerk
|
||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||