Town of Charlton

Saratoga County

Town Board

 

March 12, 2007

 

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 Salisbury, Councilman Verola, Supervisor Grattidge, Town Clerk Heather Scribner.

 

Absent:  Councilman Lippiello

 

Supervisor Grattidge lead the pledge of Allegiance.

 

 

APPROVAL OF MINUTES

                                   

A motion was made by Councilman Verola seconded by Councilman Gardner to accept the meeting minutes the Town Board Meeting held on February 12, 2007.

 

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello; Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye  Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner to accept the meeting minutes the Town Board Agenda Meeting held on February 26, 2007.

 

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello; Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye  Approved

 

 

ABSTRACT OF CLAIMS

 

The Town Clerk Heather Scribner presented the unaudited list of vouchers to the Town Board on March 12, 2007.  Councilman Verola, Councilman Salisbury and Councilman Gardner audited vouchers 1176-1227.  No changes were made.

 

A motion made by Councilman Verola seconded by Councilman Gardner to authorizing the town clerk to prepare abstract 105 claims no.1176-1227 totaling $33,047.10 as audited by the Town Board.

 

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye  Approved

 

TOWN CLERK REPORT

 

The Town Board received the Town Clerk Heather Scribner report (see attachment 10)

A motion was made by Councilman Verola seconded by Councilman Gardner accepting the Town Clerks report as received.

 

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye  Approved

 

SUPERVISOR’S REPORT AND ANNOUNCEMENTS

 

February Expenditures and Revenue: (a detailed report is filed with the Town Clerk)

 

	Expenditures	Revenue
General	45,206.36	21,823.83
Highway	47,919.15	79,715.65
Water Dist. 1	4,888.94	1,524.82
Water Dist. 2	129.42	103,279.00
Town Hall Project
Expenses
H-Fund	0	573.92

 

WEB SITE ACTIVITY

The overall number of visits to the Town of Charlton Web Site during the month of February is: Entire site; 27,766 Average per day; 991, Page views; 13,171, Average per day; 991

 

SUPERVISORS REPORT

 

Supervisors Report read for February 2007:

 

   For the month of February I attended 5 Town meetings and 8 County meetings. I also went to the NYS Association of Towns annual 3 day meeting held in N.Y.C. and participated in a number of training classes. The Galway Ambulance Corp. held their installation of Officers on February 3, 2007 which I attended. On February 28, 2007 I went to the grand re-opening of the Saratoga County DMV at the Wilton mall. Later that evening the Charlton Comprehensive Planning Committee held a public hearing on the draft plan that was very well attended by the public.

 

Supervisor Grattidge stated that he also attended the witnessing of the emancipation proclamation in Albany.  This event brought out 2500 people.  It was quite an event said Supervisor Grattidge.    

 

SUPERVISORS ANNOUNCEMENTS

 

The Zoning Board of Appeals scheduled a public hearing on April 10^th at 8:00pm.  The applicant is requesting an area variance of the lands of Gutto located on Division Street.

 

The Saratoga County is Partnering with Hudson-Fulton Champlain Commission Sponsoring an informational meeting regarding the 400^th Anniversary in 2009 Historic Voyages of the Henry Hudson.  The meeting would take place at the Saratoga County Board of Supervisors room on Tuesday, March 27^th at 7:00pm.

 

The Town of Charlton received a refund check from 21^st Century Mechanical Inc. for furnace repairs.

 

COMMUNICATIONS

 

The Town Board received a letter from Assemblyman James Tedisco responding to a member grant application to purchase an emergency generator. (Attachment 11)

 

The town received a notice that the Time Warner Cable Company is raising their basis rate which would be changed from $11.00 to $12.00 and the basis standard services would be changing from $48.25 to $50.20.

 

The following letters were read by Supervisor Grattidge:

 

The resignation of Assessor Victoria Hayner (Attachment 12)

A letter from the Saratoga County Real Property Tax Service from Director Carol Holley (Attachment 13)

Letter from resident regarding sole Assessor and Assessor Resignation (Attachment 14)

 

DEPARTMENT & COMMITTEE REPORT

 

The Town Clerk received written reports from the following departments:

Constables- See attachment 15

Justice Bascom- See attachment 16

Highway – See attachment 17

Planning Board- See attachment 18

Zoning –See attachment 19

Town Hall- See attachment 20

 

HISTORIAN

 

Town Historian Laura Linder thanked her Deputy Historian Dorothy Mitchell for giving a report last month and for accepting a CD that was given to the town from the Saratoga County Deceased Veterans Memorial in honor of Vernon and Alice Pashley.

 

Historian Linder met last month with the E-Government Committee to discuss putting historical photo’s on the town’s web site.  In addition she met with Mr. Leopold a member of the E-Government to further discuss the differences between the Historical Society and the Towns web site.  Mr. Krotty would be taking care of the Historical Society’s web site.  The town’s web site will include a section of the town’s history.  The Historians office will be working on putting items on the town’s web site such as how to research old records, where to go and informational web sites.  Each year the town puts out flags on veterans graves around Charlton.  Historian Linder expressed appreciation to Howard Baxter a veteran who recently passed on.  Mr. Baxter helped out each year putting flags on veteran’s graves.  Now we will be putting a flag on his grave says, Historian Linder.  The Historians office has asked the Town Board to pass a proclamation in honor of Howard Baxter.  Recently the Historians office has received inquiries about Locus Trees.

 

COMPREHENSIVE PLAN STEERING COMMITTEE (CPSC)

 

Member Marv Schorr spoke on behalf of the CPSC.  The committee met and agreed on making only minor changes to the comprehensive plan.  The consultant will make those changes.  The next step is to give it to the Town Board.

 

ENVIRONMENTAL CONSERVATION COMMISION (ECC)

 

Chairman Marv Schorr stated that the ECC will hold its Roadside Cleanup and the Tree Giveaway on April 28^th.  The trees have been ordered.  Blue Niles from Saratoga County Storm Water Management coordinator plans to speak with the Charlton Senior group on April 11^th at 10:00am.  Anyone is invited.  It will be interesting to here how everyone is affected from storm water management, not just subdivisions and organizations, says Chairman Schorr.

 

TECHNOLOGY ADVISORY COMMITTEE

 

Member Marv Schorr stated that the committee had met last month although they did not have a quorum.  The committee completed the work on the technology plan.

 

 

MOTIONS, RESOLUTIONS & PROCLAMATIONS

 

A motion was made by Councilman Gardner seconded by Councilman Salisbury that Resolution No.67 Authorizing Adoption by the Town Board of the Town of Charlton of Local Law No. 1 of 2007. be approved: Attachment 1

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner that Resolution No.68 A resolution to designate the National Incident Management System (NIMS) as the basis for all Incident Management in Saratoga County. be approved: Attachment 2

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Salisbury that Resolution No.69 A resolution to authorize the supervisor of the Town of Charlton to execute an agreement to provide mutual aid and assistance for disasters and other related emergencies be approved: Attachment 3

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner that Resolution No.70 A resolution appointing a custodian to the Veterans Recognition Board in Gideon Hawley Park be approved: Attachment 4

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Salisbury that Resolution No.71 A resolution appointing members of the Charlton Board of Ethics for the Period January 1, 2007 – December 31, 2007 be approved: Attachment 5

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner that Resolution No.72 A resolution authorizing the town engineer to prepare bid specifications and advertise for bids to complete the town water district pumping station by-pass reconstruction and Beechwood Drive valve replacement be approved: Attachment 6

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner that Resolution No.73 A resolution to order posted roads in the Town of Charlton with a four ton gross weight limit on a temporary basis be approved: Attachment 7

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner that Resolution No.74 A resolution for the expenditure of Highway monies pursuant to 284 of the New York State Highway Law be approved: Attachment 8

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

A motion was made by Councilman Verola seconded by Councilman Gardner that Resolution No.75 A resolution petitioning the state of New York to adopt legislation to provide for property tax reform be approved: Attachment 9

                                                            

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye. Approved

 

COUNCILMAN REPORTS

 

Councilman Gardner stated that the Emergency Plan is moving forward.  There would be one more meeting with the county before the draft emergency plan is complete.

 

Councilman Verola thanked Victoria Hayner for her service to the town.  She also commented on the three letters that were read into the minutes.  Councilman Verola stated that the town still maintains three assessors because twice it has gone to a referendum, the public has voted to maintain the three assessors.  That is why it is still being done that way in the Town of Charlton.  “I have a hard time going against what the people clearly said that they wanted to do in two different elections” said Councilman Verola.

 

Councilman Salisbury stated that the Highway Department received the Insurance package related to their equipment.  The Highway Department will review the pricing on equipment and give an updated list to the town board.

 

PRIVLAGE OF THE FLOOR

 

Resident Laura Linder announced that the 4-H is holding its 33^rd walk a thon.  Ms. Linder suggested that the town may want participate. 

 

Ms. Linder is asking the town to accept two maps, one is a Saratoga County Map from 1856 and the other is a town map from 1860.  The maps are not framed although it is something the town may want to frame them and have them displayed in the new town hall.  These maps will need to be displayed where there is not a lot of light.  The town board agreed.

 

Ms. Linder announced that the Galway Library looking to redistrict.  The date to vote on redistricting has not been announced.  Supervisor Grattidge stated that the town had already asked the Galway Library to submit any information they had and the town will place it on the website and the newsletter.

 

Resident Dave Adkin stated that he appreciates all that the town does and the professionalism.  I am now privileged to live in the town and I like what I see.  I have noticed for the second time that the Charlton Farms is up for sale.  I was not aware it was for sale until my daughter noticed it on a web site.  Mr. Adkin asked the town board if they knew why it was for sale and if there were any mention of it being sold to a developer?  Supervisor Grattidge stated that this is the first he has heard of it.  I would think that anyone interested in buying the property would be horse related people especially with the infrastructure on the property.  Mr. Adkin stated that he likes the area that he is in and is concerned that a developer could buy the property.

 

Mr. Adkin stated that he is trying to track the history of his home.  Historian Laura Linder stated that she would help him.

 

Resident Marv Schorr inquired about the status of the Storm Water Management Ordinance that would need to be passed by next year.  Town Attorney Robert VanVranken stated that it would be coming soon.  Mr. Schorr stated that he has been working with a sub committee with the Planning Board.  Attorney VanVranken stated that if anyone has any information to get it to him.  The plan was to present a draft at the Agenda meeting at the end of March.  Councilman Verola stated that the planning board has been working on this for a few months now.  Attorney VanVranken stated that the protocol should be to get any information to the Town Engineer.

 

Mr. Schorr commented on the resignation letter from Ms. Hayner, she mentions that she has very strong feelings about sole assessor.  Mr. Schorr stated, frankly I know about what Councilman Verola has stated that the town residents voted on three elected assessors.  I do not have any strong opinions that would go against that however there has been some talk on the town board about the budget deliberations regarding salaries of the chief assessor.  I was born and raised in Brooklyn and we had a saying, if you pay beans you get flatulence.   I think the letter from the county director speaks that we had a professional.  It speaks to the fact you are not going to get a professional if you pay beans.

 

A motion was made by Supervisor Grattidge, seconded by Councilman Verola that the Public Meeting of the Town Board convened into Executive Session for the purpose of discussing litigation involving the Town Hall Project, the Town Attorney Robert VanVranken, was asked to participate in the Executive Session.

 

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello; Absent, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye  Approved

 

No action was taken in Executive Session

 

Supervisor Grattidge adjourned the March 12, 2007 Town Board Agenda Meeting.

 

 

 

Respectfully Submitted

 

 

Heather Scribner                                          

Charlton Town Clerk

TOWN OF CHARLTON

SARATOGA COUNTY

STATE OF NEW YORK

 

RESOLUTION NO.67

 

March 12, 2007

 

RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD

OF THE TOWN OF CHARLTON OF LOCAL LAW NO. 1 of 2007.

 

            WHEREAS, a resolution was duly adopted by the Town Board of the Town of Charlton for a public hearing to be held by said Town Board on

March 12, 2007 at Charlton Town Hall to hear all interested parties on a proposed Local Law entitled 

 

“A LOCAL LAW PROVIDING FOR THE

ADMINISTRATION AND ENFORCEMENT OF THE

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE”, and

 

            WHEREAS, the Town of Charlton Town Board has been named lead agency with respect to enactment of the proposed local law and has received no objection to said status within the time period prescribed by law or regulation, and

 

            WHEREAS, the Town Board of the Town of Charlton has evaluated whether the proposed local law may have a negative environmental impact and finds that it will not, and

 

            WHEREAS, the proposed local law was referred to the appropriate boards, including the County Planning Board for their review and advice and to all other parties entitled to notice, and

 

            WHEREAS, notice of said public hearing was duly advertised in The Daily Gazette, the official newspaper of said Town on March 3, 2007, and

 

            WHEREAS, said public hearing was duly held on March 12, 2007 at 7:00 p.m. at Charlton Town Hall and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and

 

            WHEREAS, the Town Board of the Town of Charlton, after due deliberation, finds it in the best interest of said Town to adopt said Local Law.

            NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Charlton does hereby adopt a Negative Declaration and Notice of Determination of Non-Significance for this project, and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Charlton hereby adopts said Local Law No. 1 of 2007 entitled

 

“A LOCAL LAW PROVIDING FOR THE

ADMINISTRATION AND ENFORCEMENT OF THE

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE”,

 

a copy of which is attached hereto and made a part of this resolution, and

 

            BE IT FURTHER RESOLVED, that the Town Clerk be and he hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Charlton and to give due notice of the adoption of said Local Law to the Secretary of the State of New York.

 

Moved by	Councilman Gardner	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Salisbury		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

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 March 12, 2007.

 

 

_________________________________________

Heather Scribner, Charlton Town Clerk

 

 

TOWN OF CHARLTON

COUNTY OF SARATOGA

STATE OF NEW YORK

 

RESOLUTION NO.68

 

March 12, 2007

 

A RESOLUTION TO DESIGNATE THE NATIONAL

INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE

BASIS FOR ALL INCIDENT MANAGEMENT IN SARATOGA COUNTY

 

 

WHEREAS, the President of the United States, in the homeland Security Directive (HSPD-5) directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS),which would provide a consistent nationwide approach. NIMS allows Federal, State, Local, and Tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, severity and complexity, and

 

WHEREAS, the collective input and guidance from all Federal, State, Local and Tribal homeland security partners has been and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS, and

 

WHEREAS, it is necessary and desirable that all Federal, State, Local and Tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest level of incident management, and

 

WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, Local and Tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniformed personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters, and

 

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the Town of Charlton’s ability to utilize Federal, and State funding to enhance Local, State, and Federal readiness, maintain first responder safety, and streamline the management processes and

 

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State and Local emergency management training programs, and

 

WHEREAS, HSPD-5 requires adoption of the NIMS by State, Local, and tribal organizations a condition for receiving federal assistance.

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Charlton, by virtue of the authority vested in us by the Town Law of the State of New York, do hereby establish the National Incident Management System (NIMS) and which designation shall take effect immediately.

 

 

 

 

Moved by	Councilman  Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Gardner		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

 

 

            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 March 12, 2007.

 

___________________________________

Heather Scribner, Charlton Town Clerk

TOWN OF CHARLTON

COUNTY OF SARATOGA

STATE OF NEW YORK

 

RESOLUTION NO.69

 

March 12, 2007

 

A RESOLUTION TO AUTHORIZE THE SUPERVISOR

OF THE TOWN OF CHARLTON TO EXECUTE AN

AGREEMENT TO PROVIDE MUTUAL AID AND ASSISTANCE

FOR DISASTERS AND OTHER RELATED EMERGENCIES

 

WHEREAS, the safety of the citizens of the State of New York is of the utmost importance to all levels of state and local government, and

WHEREAS, the County of Saratoga and the Town of Charlton seek to enter a Mutual Aid and Assistance Agreement in order to provide for the sharing of resources, personnel and equipment in the event of a local disaster or other emergency, and

WHEREAS, the State of New York and the Federal Emergency Management Agency (FEMA) have recognized the importance of the concept of written mutual aid agreements between all levels of government to facilitate reimbursement, and

WHEREAS, pursuant to the Constitution of the State of New York, municipalities are allowed to enter into mutual aid and assistance agreements which may include provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel and services during a natural or man-made disaster and/or other emergency, and

            WHEREAS, the Town Board desires to enter into an agreement with the County of Saratoga and to authorize the Supervisor to execute such agreement as set forth herein and which agreement shall be as follows:

SECTION I

DEFINITIONS

1. “Agreement” shall mean this document, the “Intrastate Mutual Aid Agreement for Disasters and Other Emergencies”.
2. “Aid and Assistance” shall include, but not be limited to, personnel, equipment, facilities, services, supplies, and other resources.
3. “Authorized Representative” shall mean an official of a party to this Agreement who has been authorized in writing by that party pursuant to the terms of this Agreement, to request, offer, or provide assistance under the terms of this Agreement.
4. “Disaster or other emergency” shall mean the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from an intentional, accidental or unintended release of any substance in or material in any form or quantity which poses an unreasonable risk to the safety and health and to the property when released, natural incidents, explosions, fires, collapses or any other incident which directly affects public safety.
5. “Provider” means a party to this Agreement that has received a request to furnish aid and assistance to the party in need (“Recipient”).
6. “Recipient” means a party to this Agreement receiving aid and assistance from another party.

SECTION II.

OBLIGATIONS OF THE PARTIES

1. Provision of Aid and Assistance – Pursuant to the terms and conditions set forth in this Agreement, the parties hereto shall provide each other with aid and assistance in the event of a local disaster or emergency. It is mutually understood that each party’s foremost responsibility is to its own citizens. This Agreement shall not be construed to impose an absolute obligation on any party to this Agreement to provide aid and assistance pursuant to a request from another party. Accordingly, when aid and assistance have been requested, a party may deem itself unavailable to respond and shall so inform the party setting forth the request.
2. Procedures for Requesting Assistance – Requests for assistance shall be made by the Authorized Representative of a party to the Authorized Representative of the other party. Such request must indicate that it is made pursuant to this Agreement. Such request may be made by telephone, to be followed as soon as practicable by a written confirmation of that request.
3. Designation of Authorized Representative – Each party to this Agreement shall designate an Authorized Representative. Such designation shall be communicated, in writing, to the Chief Executive Officer of the other party upon the execution of this Agreement. Such designation may be amended at any time by the Chief Executive Officer of a party upon timely notice.
4. Traveling Employees – Unless otherwise specified by Recipient or agreed by the parties in writing, it is mutually understood that Recipient will provide for the needs of the Provider’s traveling employees. Recipient shall pay for all reasonable out-of-pocket costs and expenses of Provider’s personnel, including, without limitation, transportation expenses for travel to and from the disaster area, food and if necessary, lodging. If Recipient cannot provide such food and/or lodging at or near the disaster area, the Recipient shall so advise the Provider, and shall specify in its request for assistance that only personnel who can provide for their own needs are requested.
5. Supervision and Control – The Provider shall designate supervisory personnel amongst its employees sent to render aid and assistance to the Recipient. Recipient shall provide necessary credentials to the Provider’s personnel authorizing them to operate on behalf of the Recipient. Recipient shall assign work tasks to Provider’s supervisory personnel, and unless specifically instructed otherwise, Recipient shall have the responsibility for coordination between Provider’s supervisory personnel and Recipient. Based upon such assignments set forth by Recipient, Provider’s supervisory personnel shall have the authority to:
1. Assign work and establish work schedules for Provider’s personnel;
2. Maintain daily personnel time records, material records, and a log of equipment hours;
3. Report work progress to Recipient at regular intervals as specified by Recipient.
6. Period of Service; Renewability; Recall – Unless agreed otherwise, the duration of the Provider’s assistance shall be for an initial period of twenty-four (24) hours, starting from the time of arrival. Thereafter, assistance may be extended in increments agreed upon by the Authorized Representatives of Provider and Recipient. Provider’s personnel, equipment and other resources shall remain subject to recall by Provider to provide for its own citizens if circumstances so warrant. Provider shall make a good faith effort to provide at least 8 hours advance notification to Recipient of Provider’s intent to terminate such assistance, unless such notice is not practicable, in which case as much notice as is reasonable under the circumstances shall be provided.

SECTION III.

REIMBURSEMENT

1. Except as otherwise provided below, it is understood that Recipient shall reimburse Provider for the following documents costs and expenses incurred by Provider as a result of extending aid and assistance to Recipient.
1. Personnel – During the period of assistance, Provider shall continue to pay its employees according to its then prevailing ordinances, rules, regulations and agreements.
2. Equipment – Provider shall be reimbursed by Recipient for the use of its equipment during the period of assistance according to established FEMA equipment rates.
3. Material and Supplies – Provider shall be reimbursed for all materials and supplies furnished by it, used, or damaged during the period of assistance. The Recipient shall not be responsible for reimbursing Provider for the costs of any damage caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of Provider’s personnel. Provider’s personnel shall use reasonable care at all times in the use and control of all materials and supplies used by them during the period of assistance. The measure for reimbursement for materials and supplies shall be determined in accordance with FEMA and New York State reimbursement policies. In the alternative, the parties may agree in writing that Recipient will replace the materials and supplies used or damaged, with materials and supplies of like kind and quality.
2. Record Keeping – Recipient shall provide information, directions, and assistance for record keeping to Provider’s personnel, Provider shall maintain records and invoices for reimbursement.
3. Billing and Payment – Provider shall send an invoice for reimbursable costs and expenses, together with appropriate documentation as required by Recipient, as soon as practicable after said costs and expenses are incurred, but not later than forty-five (45) days following the period of assistance. Recipient shall pay the bill, or advise of any disputed items, not later than forty-five (45) days following the billing date.
4. Inspection of Records – Provider agrees that it shall make its records regarding costs and expenses for assistance provided under this Agreement available for audit and inspection upon request by the Recipient, New York State and the federal government, and shall maintain such records for at least seven (7) years after the date of final payment under this Agreement.

SECTION IV.

PROVIDER’S EMPLOYEES

1. Rights and Privileges - Whenever Provider’s employees are rendering aid and assistance pursuant to this Agreement, such employees shall remain the responsibility of the Provider and retain the same powers, duties, immunities, and privileges they would ordinarily possess if performing their duties within the geographic limits of the Provider.
2. Workers’ Compensation - Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider’s employees due to personal injury or death occurring during the periods of time such employees are engaged in the rendering of aid and assistance under this Agreement. It is mutually understood that Recipient and Provider shall be responsible for payment of such workers’ compensation benefits only to their own respective employees.

SECTION V.

NONDISCRIMINATION

In accordance with Article 15 of the Executive Law (“Human Rights Law”), and all other applicable local, State and Federal constitutional, statutory and administrative nondiscrimination provisions, the parties to this Agreement shall not discriminate against any employee or applicant for employment on account of race, creed, color, sex, national origin, disability, Vietnam Era Veteran status or marital status.

SECTION VI.

HOLD HARMLESS

To the extent permitted by law, each party (as Indemnitor) agrees to protect, defend, indemnify, and hold the other party (as Indemnitee), and its officers, employees and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs, charges, professional fees, and other expenses or liabilities of every kind and nature arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of Indemnitor’s negligent acts, errors and/or omissions. To the extent that immunity does not apply, each party shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. Each party understands and agrees that any insurance protection obtained shall in no way limit the responsibility to indemnify, keep, and save harmless the other parties to this Agreement.

SECTION VII.

AMENDMENTS

This Agreement may be modified at any time upon the mutual written consent of the parties. Additional municipalities may become parties to this Agreement upon the acceptance and execution of this Agreement.

SECTION VIII.

DURATION OF AGREEMENT

1. Term – This Agreement shall be for a term of five (5) years from the date of execution by both parties, unless the Agreement is renewed or terminated as set forth in this section.
2. Renewal – This Agreement may be extended for an additional five (5) year term by written agreement of the parties hereto.
3. Termination – Any party may terminate this Agreement upon thirty (30) days written notice. A termination shall not affect the obligation of any party to reimburse the other for the costs and expenses of rendering aid and assistance incurred prior to the effective date of termination.

SECTION IX.

HEADINGS

The headings of various sections and subsections of this Agreement have been inserted for convenient reference only and shall not be construed as modifying, amending, or affecting in any way the express terms and provisions of this Agreement.

SECTION X.

SEVERABILITY

Should any clause, sentence, provision, paragraph, or other part of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement. In the event that parties to this Agreement have entered into other aid and assistance agreements, those parties agree that, to the extent a request for aid and assistance is made pursuant to this Agreement, those other aid and assistance agreements are superseded by this Agreement,

SECTION XI.

EFFECTIVE DATE

This Agreement shall take effect upon its execution by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) herein set forth.

            NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Charlton hereby authorizes the Supervisor to execute the aforementioned agreement in order to preserve and protect the residents of the Town of Charlton with respect to disasters and other related emergencies.                       

                                                                                                                  ______________________________________                                                                          Supervisor, Town of Charlton

______________________________________________                                                                               Chairman Saratoga County Board of Supervisors

 

Moved by	Councilman Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Salisbury		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

            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 March 12, 2007.

 

 

___________________________________

Heather Scribner, Town Clerk

 

TOWN OF CHARLTON

                                                        COUNTY OF SARATOGA

                                                          STATE OF NEW YORK

 

                                                            RESOLUTION NO.70

 

March 12, 2007

 

 

A RESOLUTION APPOINTING A CUSTODIAN TO THE

VETERANS RECOGNITION BOARD IN GIDEON HAWLEY PARK

 

 

WHEREAS, the Town Board during its organizational meeting determined to delay the appointment of a custodian to the Veterans Recognition Board in Gideon Hawley Park, and

 

WHEREAS, the Town Board now wishes to make such appointment in order to fill this designated position.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Charlton hereby appoints Estella Van Derzee as custodian of the Veterans Recognition Board in Gideon Hawley Park to serve at the pleasure of the Town Board.

 

Moved by	Councilman Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Gardner		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

 

            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 March 12, 2007

 

___________________________________

Heather Scribner, Town Clerk

TOWN OF CHARLTON

                                                        COUNTY OF SARATOGA

                                                          STATE OF NEW YORK

 

                                                            RESOLUTION NO.71

 

March 12, 2007

 

 

A RESOLUTION APPOINTING MEMBERS OF THE

CHARLTON BOARD OF ETHICS FOR THE PERIOD

JANUARY 1, 2007 - DECEMBER 31, 2007

 

 

WHEREAS, the Town Board during its organizational meeting determined to delay the appointment of the members of the Charlton Board of Ethics in order to fulfill all of the required appointments in compliance with the policies and procedures of said Board, and

 

WHEREAS, the Town Board has now obtained the commitment from two additional proposed members with respect to the duties and responsibilities of said Charlton Board of Ethics.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Charlton hereby appoints John Sennett, Charles McLoughlin, John Pennock, Nilda Burke and Clarence Linder to serve as members of the Charlton Board of Ethics for the period January 1, 2007 and terminating December 31, 2007.

 

Moved by	Councilman Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Salisbury		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

 

            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 March 12, 2007.

 

___________________________________

Heather Scribner, Town Clerk

                                                          TOWN OF CHARLTON

                                                        COUNTY OF SARATOGA

                                                          STATE OF NEW YORK

 

                                                            RESOLUTION NO.72

 

                                                                  March 12, 2007

 

                              A RESOLUTION AUTHORIZING THE TOWN ENGINEER

TO PREPARE BID SPECIFICATIONS AND ADVERTISE FOR BIDS

TO COMPLETE THE TOWN WATER DISTRICT PUMPING STATION

BY-PASS RECONSTRUCTION AND BEECHWOOD DRIVE VALVE REPLACEMENT

                                                                             

            WHEREAS, the Town Engineer, Environmental Design Partnership, in consultation with the Water District Superintendent and the Town Board has advised the Town Board that certain repairs need to be completed with respect to the water district pumping station by-pass and Beechwood Drive valve replacement, and

 

            WHEREAS, the Town Engineer has the necessary expertise to prepare bid specifications in order to obtain bids for the pumping station by-pass reconstruction and Beechwood Drive valve replacement as set forth on documentation prepared by the Town Engineer and presented to the Town Board and the Water District Superintendent.

 

            NOW, THEREFORE, BE IT RESOLVED that the Town Engineer is hereby authorized to prepare bid specifications for pumping station by-pass reconstruction and Beechwood Drive valve replacement in order to continue to properly service and maintain the Town’s water district infrastructure, and

 

            BE IT FURTHER RESOLVED, that the Town Engineer is hereby authorized to advertise for sealed bids for such pumping station by-pass reconstruction and Beechwood Drive valve replacement, which bids shall be received by no later than 1:00 p.m. on Monday, April 9, 2007 and that such bids will be opened at 7:30 p.m. during the regularly scheduled meeting of the Town Board held on April 9, 2007.

 

Moved by	Councilman Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Gardner		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

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 March 12, 2007.

 

___________________________________

Heather Scribner, Charlton Town Clerk

                                                          TOWN OF CHARLTON

                                                        COUNTY OF SARATOGA

                                                          STATE OF NEW YORK

 

                                                            RESOLUTION NO.73

 

 

                                                                  March 12, 2007

 

 

                                A RESOLUTION TO ORDER POSTED ROADS IN THE

                    TOWN OF CHARLTON WITH A FOUR TON GROSS WEIGHT LIMIT

                                                       ON A TEMPORARY BASIS

 

            WHEREAS, the Town Board has been advised by the Charlton Superintendent of Highways that he intends to post certain roads with a four ton limitation, effective immediately, and

 

            WHEREAS, the Town Board desires to assist the Highway Superintendent in the enforcement of this posting limitation and as authorized by New York State Vehicle and Traffic Law §1660, subd. 11.

 

            NOW BE IT RESOLVED, that the Town Board hereby affirms and authorizes, pursuant to §1660(11) of the New York State Vehicle and Traffic Law the direction and order of the Superintendent of Highways of the Town of Charlton that all Town roads as posted will be temporarily limited to any and all vehicles having no more than a gross weight of four tons, and

 

            BE IT FURTHER RESOLVED, that this restriction and limitation shall take effect as of the date of this resolution and such restriction shall become effective upon posting of such highways by the Superintendent of Highways or his designee, and

 

            BE IT FURTHER RESOLVED, that such limitation shall continue in effect until such time as conditions permit the withdrawing of the order, and

 

            BE IT FURTHER RESOLVED, that notice is hereby given that any person or persons violating this order shall be subject to enforcement as provided in §1800 of the New York State Vehicle and Traffic Law.

 

Moved by	Councilman Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Gardner		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

 

            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 March 12, 2007.

___________________________________

Heather Scribner, Town Clerk

 

                                                          TOWN OF CHARLTON

                                                        COUNTY OF SARATOGA

                                                          STATE OF NEW YORK

 

                                                           RESOLUTION NO. ­­74

 

 

                                                                  March 12, 2007

 

 

                             A RESOLUTION FOR THE EXPENDITURE OF HIGHWAY

             MONIES PURSUANT TO §284 OF THE NEW YORK STATE HIGHWAY LAW

 

            WHEREAS, the Town Superintendent of Highways of the Town of Charlton and the Town Board may enter into an agreement with respect to certain expenditures of monies levied and collected in the Town for the repair and improvement of Town highways, and

 

            WHEREAS, a draft of such proposed agreement is attached to this resolution and is made a part hereof, and

 

            WHEREAS, the Town Board desires to authorize the Supervisor of the Town of Charlton to enter into an agreement with the Town Superintendent of Highways upon terms and conditions as set forth in said contract consistent with New York State Highway Law and the monies to be received by the Town from State Aid through the Consolidated Highway Improvement Program (CHIPS) and any other State Aid program providing such assistance.

 

            NOW BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor to enter into an agreement for the expenditure of highway monies pursuant to §284 of the New York State Highway Law and which agreement shall include monies received by the Town from the CHIPS program, expected to be approximately $68,392.00 and any other program providing highway aid to the Town of Charlton, and

 

            BE IT FURTHER RESOLVED, that the agreement between the Supervisor as representative of the Town Board and the Town Superintendent of Highways shall also include expenditures of $80,000.00 for general repairs, $68,392.00 for permanent highway improvements, $90,000.00 for equipment purchases and $50,000.00 for snow and ice removal, all as set forth in the attached Agreement between the Town Board of the Town of Charlton and the Town Superintendent of Highways.

 

Moved by	Councilman  Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Gardner		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

 

 

            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 March 12, 2007.

 

___________________________________

Heather Scribner, Town Clerk                         

TOWN OF CHARLTON

SARATOGA COUNTY

STATE OF NEW YORK

 

RESOLUTION NO.75

 

March 12, 2007

 

 

 

A RESOLUTION PETITIONING THE STATE OF NEW YORK TO ADOPT

LEGISLATION TO PROVIDE FOR PROPERTY TAX REFORM

 

 

 

 

          WHEREAS, in New York State, municipal revenues which support local spending for schools, public safety, and other public services are raised through the property tax levy, state aid, and other sources; and

 

          WHEREAS, despite the increase of over 70% in New York State aid to school districts in the past 10 years, most New York State school district budgets have continued to skyrocket out of control causing local school tax levy increases of between 5% and 15% annually; and

 

          WHEREAS, many residents of the Town of Charlton located in Saratoga County and other municipalities across New York State are unable to pay these excessive school tax rates which are forcing many families into debt and causing some to sell their property and relocate their families outside of their communities and, in some instances, outside the State of New York, and

 

          WHEREAS, over half of all states throughout the United States have passed some form of property tax limitation statute which attempts to reasonably manage excessive property taxation.

 

          NOW THEREFORE BE IT RESOLVED, the Town of Charlton requests its New York State Legislators to review and conduct a comprehensive study and evaluation of all existing state property tax limitations statutes in effect; and be it further

 

          RESOLVED, THAT New York State Legislators and the New York State Governor based upon the above study and evaluation enact appropriate legislation which will provide necessary property tax reform for the benefit and relief of all New York State residents; and be it further

 

        

            RESOLVED, that a copy of this resolution be forwarded to the Honorable Eliot Spitzer, Governor of New York State, all New York State Legislators representing the County of Saratoga, the Chair of the New York State Assembly Ways and Means Committee, the Chair of the New York State Finance Committee, the Chairs of the Assembly and Senate Education Committees, all municipalities within the County of Saratoga, the Saratoga County Board of Supervisors, the New York State Association of Towns, the New York State Association of Counties and the Office of Real Property Services.

 

Moved by	Councilman Verola	Voting:	Councilman Gardner	Aye
			Councilman Lippiello	Absent
Seconded by	Councilman Gardner		Councilman Salisbury	Aye
			Councilman Verola	Aye
			Supervisor Grattidge	Aye

 

            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 March 12, 2007.

 

___________________________________

Heather Scribner, Charlton Town Clerk