Town of Charlton

Saratoga County

Town Board

 

Agenda Meeting

March 26, 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 announced that this meeting is to set the Agenda for the Regular Meeting of the Town Board on Monday, April 9, 2007.

 

Town Clerk Heather Scribner presented the unaudited list of vouchers to the Town Board on March 26^th at 10:00am.

 

Councilman Verola raised the question whether voucher no. 1228 to the Town Attorney for additional services for the Crooked Street Subdivision should be paid from an escrow account rather than the general fund.  Supervisor Grattidge stated that from his recollection the escrow account was set up for engineering review.  Town Attorney Robert VanVranken stated that this has been a separate billing item over a course of a few years.  The source of funds has never been different. It has been out of the one account.  I am not aware of any escrow.  The term of escrow is along the lines of building a fund for review.  Councilman Verola stated that in 1999 Attorney fees have been taken out of an escrow account.  Councilman Gardner stated the concern of the voucher is what account to place the funds under, whether it is an escrow account or the general funds.  Supervisor Grattidge stated that legal council had not been established in an escrow account.  As part of the budget stand point how are we going to handle this, said Councilman Gardner. Supervisor Grattidge stated to put it under the attorney account.  Councilman Gardner stated that the town board will need to make a transfer from contingency.  Supervisor Grattidge stated at some point the town board will need to transfer from contingency.  At this point there is enough money.  Councilman Lippiello stated that he does not see it as an escrow account. Councilman Salisbury asked what about future situations.  Supervisor Grattidge stated that if the Town Board is going to engage the Town Attorney through discussion of litigation it will be the same situation.  Attorney VanVranken stated that Attorney Keniry has done most of the work on this.  I don’t foresee additional services as long as it moves in the direction it is at this time.

 

After discussion, the Town Board approved Attorney fees for payment as described in voucher no. 1228.  No change was made to the voucher.

 

The Town Board discussed voucher no. 1248, expenditures from the Highway Department.  The invoice was dated back from September 2006.  Highway Foreman Mike Emerich stated that he spoke with Town Clerk Heather Scribner about the $.70 charge.  The charge was from an overdue balance from over a year ago.  The Town Board agreed to pay the expenditures of $7.70 as described in voucher no. 1248.

 

A motion was made by Councilman Verola seconded by Councilman Gardner authorizing the town clerk to prepare abstract 106 claims no. 1228-1261 totaling $69,992.99 as audited by the Town Board.  Approved

 

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

 

Supervisor Grattidge announce that the Town Hall will be closed Friday, April 6^th for Good Friday.

 

The Highway Department will Pick Up Brush between April 9^th – 15^th.  Highway Foreman Mike Emerich asked that all residents place brush on curb side by April 8^th and place brush neatly piled with cut ends toward the road.

 

Available at the Town Clerk’s Office are NYS Travel Guides.  Town Clerk Heather Scribner stated that she order the travel guides free of charge for the residents.  Also included in the travel guide is a NYS map.

 

Supervisor Grattidge stated that the town received a telephone bill which listed unauthorized calls.  These calls were from a situation that occurred last month with someone taping into the town’s phone system making international calls.  The town was not charged for these calls.  Supervisor Grattidge said that we may see a few more of these bills come through.  The town has taken security measures and all passwords have been changed.

 

Supervisor Grattidge stated that the Party in the Park planning is underway. The committee plans to meet on April 18^th at 7:30pm at Town Hall.

 

Councilman Verola will be accepting newsletter articles for the May issue of the Town Board Newsletter.  A memorandum will be sent out asking for articles by the second week of April.

 

The Town Board received a letter from Albany Fire Extinguishers stating that they can provide training to employees on how to use Fire Extinguishers.  Councilman Verola stated that the employees should be trained in the event there is an emergency.  Supervisor Grattidge stated that he would ask for a price quote of services.

 

The Town Board received a letter from the Charlton Gardner Club asking for a $250.00 grant which provides plantings around town.  In the past the Highway Department worked with the Garden Club with the watering.  The Town Board agreed.

 

Supervisor Grattidge said in the past years the town has offered mosquito dunks free of charge to the residents.  There were eight cases purchased last year, four cases are left over.  Town Clerk Heather Scribner said she would let the Town Board know when the supply gets low to reorder.  Councilman Verola will include an article in the Town Board Newsletter making residents aware of the mosquito dunks.

 

Supervisor Grattidge stated that he is keeping on the agenda the possible change of the Election District 3 polling site.  Supervisor Grattidge suggested to Bob Killeen the Voting Machine Custodian to look into another site for district 3 or speak to Mr. Sinnenburg to try squeezing another year at the Charlton Heights School.  Mr. Killeen stated that he would be going to the Board of Elections tomorrow and would get further information.  Councilman Verola stated that a notice would need to be in the newsletter at least a few times of any change.

 

The Town Board received a letter from the Saratoga County Planning Board concerning basic training requirements for Planning Board members and Zoning Board of Appeals members. The letter was reviewed by the Town Attorney.  Attorney VanVranken stated that he does not see the point of a resolution. It is the law.  A resolution would be needed if the town were to option out of the required training.  Councilman Gardner raised a few questions.  Supervisor responded that the annual conference for Planning and Zoning Board Members counts as training hours.  Councilman Verola stated that she agrees with the Town Attorney to leave it alone.  Councilman Gardner stated that the town would keep the hours of training filed.

 

The Comprehensive Planning Steering Committee met on March 5, 2007.  As requested by Supervisor Grattidge a Letter from Chairman Wood and a Memo from Nan Stolzenburg are attached to these minutes. (Attachment 1 & 2)

Attorney VanVranken discussed the process with the Town Board.  The Town Board received the submitted draft of the Comprehensive Plan and would not make any changes until after a public hearing is held.  Councilman Verola stated that she would like to wait to hear public input.  The Town Board agreed on setting a public hearing within the 90 day period which would be at the June meeting.  A public notice will be made in May.

 

The town received three Applications for the use of Gideon Hawley Park.  Supervisor Grattidge stated that the situation arises where a section of Gideon Hawley Park is being used for the Town Hall Construction.  Town Attorney VanVranken raised a few questions, what’s the level of construction activity and the potential contact between park use and construction activity, could there be a lack of a pristine environment.  If there is a park application you need to let people know.  Attorney VanVranken said that safety and liability is a concern.  These should be addressed by the town board.  I see this as possibly being an unhappy situation.  One possibility could be to close the park down for just this year.  Councilman Verola stated maybe the park should be closed.  There is a lot of activity with the New Town Hall construction.  Councilman Gardner stated that there is a barrier separating the park.  Park Committee Chairman Eggleston stated that there are also two trailers that act as a separation barrier.  Chairman Eggleston concern is that he is had seen the construction workers driving up past the trailers.  Town Historian Laura Linder stated that the Historical Society and the town veteran’s memorial board hold their Memorial Service at the Park.  Councilman Lippiello stated that the applicant should be aware of what is going on in the Park and that it is not at its 100%.  Town Attorney VanVranken suggested that the Town Board write a notification, please be advised, advise your guests that it is near a construction site, parking impact.  Supervisor Grattidge stated that the Town Constables could be present and there could be a sign indicating where people should be parking.  Attorney VanVranken stated that his goal is for the Town Board to create an attachment to the park permit as precise as possible.  To make sure the users are fully advised of the situation.  Councilman Verola stated that she would close park down for the summer.  There are concerns that someone could get hurt.  Attorney VanVranken stated that he sees potential risks and traffic risks.  Councilman Verola stated that there is another park in town.  Attorney VanVranken said if there is another park in town why not use that.  Councilman Lippiello said he believes the applicant chose Gideon Hawley Park because of the gazebo.  Attorney VanVranken stated another alternative is to write a letter to the contractors telling them they can not work the days of the park use.

 

Supervisor Grattidge asked each Town Board member, do they want to close the park down or grant permission explaining the current situation, asking the constables to be present to help with the parking and possible placing a restriction on the days the park is in use.

 

Councilman Verola said to close the park.

Councilman Salisbury said to close the park.

Supervisor Grattidge said grant with restrictions

Councilman Gardner said grant with restrictions as long as the constables are available.

Councilman Lippiello said grant with restrictions.

 

Supervisor Grattidge stated that a notice will be written to the applicants.

 

Councilman Lippiello reported on the Water District Projects.  The projects have gone out to bid.  So far there have been four contractors who have picked up bid specifications.   Water Superintendent John Morgan stated that during the month of May residents should see the start of construction at the pump house.  Councilman Lippiello stated that in the preparation there are quite a few 12 inch valves that would need to be turned.  It is not as easy as it sounds.  Mr. Morgan stated that these are 12 inch valves that we need to recycle.  It involves getting permission from the Town of Glenville.  I would like authorization for part time help to do this.  The next step is looking at insurance a liability of a five inch hose that feeds from the Town of Glenville back to Charlton is liable to shut down.  The hose runs through private property.  There would be only 150,000 gallons of water to feed 600 services in Charlton if we don’t have it previsions will need to be made with a bypass up through the Town of Glenville through Hillandale.  Residents would be notified that there will be low water pressure.  The low water pressure could be for two days.  Councilman Lippiello will notify the town’s insurance carrier. The insurance carrier will be informed that the water district would be working along private property and see if there should be a special notification letter and a description of the job.  Mr. Morgan stated that he may have a few expenditures over the $300.00 purchase policy that is beyond the construction project.  Supervisor Grattidge asked Mr. Morgan to submit it to the Town Board and then they could do a blanket authorization.  Supervisor Grattidge said that the town will receive the water project bids on the 9^th then open the bids at the Town Board meeting.

 

Supervisor Grattidge stated that the Town Board will need to take a long look at the present system that the town has with the three elected Assessors.  Councilman Gardner presented a flyer to the town board members on the different options of the Assessor system.  He said there are five different options the town may use.  1.) Three elected Assessors 2.) Sole elected Assessor 3.) Sole appointed Assessor 4.) Share an Assessor with another municipality 5.) County could act as the Assessor (1 town out of all the counties is currently using) Councilman Gardner suggested that the Town Board look at each of these systems having as many people come in who have interacted with these types of systems and speak to our residents.  I would like to learn more about the advantages and disadvantages about each one of these systems, says Councilman Gardner.  Another suggestion made was to have each Town Board member take one of the categories and investigate it and bring it back for discussion.  If one person were to do this alone it would be a lot of burden.  Councilman Gardner said that he doesn’t foresee making any quick discussion.  Councilman Lippiello said there are a couple sources for information, the state and the county they could speak to the town board, a public workshop where information is shared.  “I would like to remind you that the people have decided on this twice it has gone to a vote they have turned down a sole and a sole elected assessor”, said Councilman Verola  Councilman Verola stated that she would like to hear from people from other town’s and hear what their experience has been with the sole assessor.  I don’t care what the state or county has to say I want to hear from people who work in the other towns who do this and I want the people to hear it to.  Maybe each town board member should take a town and contact them to see their input.  Supervisor Grattidge stated that if the change was from a three elected to a one elected is that the procedure for gathering signatures for a petition placing people on the ballot is the end of May into July.  If there is any consideration from changing from three to one assessor it would be preferable to make a discussion by the middle of May.  Councilman Verola stated that this not urgent.  Councilman Salisbury agreed.  Supervisor Grattidge stated that one assessor resigned, one has been in the hospital for two weeks and one assessor has had a diagnosis that doesn’t sound so good.  I do think that there is a little urgency in the respect of being fair to the people of Charlton and having a component and healthy staff that can function.  Councilman Salisbury stated this is something that you can’t go back on if make some of these changes, you can not go back to the three assessor system.  Supervisor Grattidge stated that the Town Board could hold a public information meeting on April 9th inviting the state and county.  The Town Board discussed when a public informational meeting should be held.  Councilman Verola was concerned with the lack of time to notify residents.  Councilman Verola stated, “That she feels like you are trying to rush forward with this and I understand the current situation we are in with the two assessors”.

 

A public informational meeting on April 9^th at 7:00pm was set.  Supervisor Grattidge stated that he would contact the state and county to speak regarding the different methods of the Assessor system.

 

Councilman Salisbury stated that resolution no. 74 the Expenditure of Highway Agreement the attached Agreement should not have the word repairs and the wording General Repairs should be written as Road Construction.  Once corrections are made the Town Board will sign the agreement and submit to the Highway Superintendent.  Supervisor Grattidge asked that the Highway Superintendent include a list of the road construction projects.

 

 

Councilman Salisbury raised a few questions regarding the accounts codes and what account monies should go into once they are turned over to the supervisor.  The current dog license fees are going into the Town Clerk account rather than a dog license account.  It makes it difficult to see how much monies are for dog licenses.  There is an account for dog licenses which is A-2544.  That is where it should be going.  Also at times the Town Clerk Heather Scribner collects certain fees such as park fees.  When she collects these fees she turns the monies to the Secretary to the Supervisor upon the time she receives the check.  I would like the Town Clerk to deposit these fees into her account then at the end of the month turn them over to the supervisor.  Supervisor Grattidge stated that he would bring this up with Bob Fisher.

 

Councilman Verola stated that the Chairman of the Historic District Commission is here asking for a line item in the budget to hire a Historic Design Engineer or Architect to review Opinion of Appraisal applications.  Chairman James Poirier stated that the Historic District Commission is in the process of reviewing what they offer to the Hamlet residents.  There is a process the Hamlet residents need to go through when they are making any modifications or changes to their property.  Hamlet residents are asked to file an Opinion of Appraisal form.  The job of the Historic District is to give feed back on their plans.  Unfortunately there is not a lot of professional historical preservation experience on the board.  The Commission would like to bring a resource to the community as applications come through. The Historic District Commission receives between 1-3 applications per a year.  Chairman Poirier stated that the Commission would like to sit down with people recommended by the Saratoga Preservation Foundation and/or recommendations from the public.  But before we have these people come in the commission is looking for the support of the Town Board of $800.00-$1200.00 per a year.  Supervisor Grattidge stated that he is concerned that the town may become a person’s designer.  Chairman Poirier stated that the Historic District Commission is looking for conceptual sketches for example what this may have looked like on a Federal Building.  It would not be for professional architectural paperwork.  This review may not be needed for every application.  Supervisor Grattidge asked Chairman Poirier to get some estimates for services.  Then the Town Board can discuss this at the next agenda meeting.

 

Councilman Gardner stated that the Constables have contacted scheduled their qualification training.  The fee may exceed the $300.00 purchase policy.  Councilman Gardner will notify the Town Board if the fee exceeds the $300.00.

 

As per the request of the Town Board Town Clerk Heather Scribner has researched what other towns are charging for return check fees.  Town Clerk Heather Scribner stated that the return check fee most town’s charge are $20.00 one town charges the amount of which the bank charges.  Other fees that were looked into are dog licenses and marriage license.  Town Clerk Heather Scribner stated that the Town of Charlton currently charges $30.00 for a marriage license, most towns charge $40.00.  The Town of Charlton currently has no local fee on dog licenses. Most towns are charging at least a $2.00 local fee.

 

 

Supervisor Grattidge adjourned the meeting at 9:25pm.

 

 

Respectfully Submitted,

 

Heather Scribner

Town Clerk

 

 

ATTACHMENT 2

Memo

 

To:       Town Board, Town of Charlton

From:   Nan Stolzenburg, AICP

Date:    March 13, 2007

Re:       SEQR and Adoption of Plan

 

 

 

The following steps should be taken to properly conduct SEQR and adoption process for the Town’s plan:

 

1. Upon the Steering Committee formally sending the Town Board a draft of the Plan, the Town Board initiates the adoption proceedings.  The Board has 90 days to hold a public hearing on the draft.  During that time, the board should review the plan and make changes as you feel necessary. If any changes are made, a new copy would need to be developed and it is this new draft that the public will review.  If there are no changes, that is OK, but you still have to have another public hearing within 90 days.  You do not have to adopt the plan within 90 days – just hold the hearing.

 

2.  After the Board has reviewed the plan (and maybe made changes), send a copy to the Saratoga County Planning Board and request that they do a 239-m review of the plan.  They have 30 days to get their response to you.  They will most likely accept it as a local action with no changes.  If they should request changes, you can a) make those changes, or b) not make those changes by a vote of a majority plus one of the Board.

 

3. Adoption of a municipal comprehensive plan is a Type I Action as defined by NYS Law.  You must:

            a. You will need to make a motion at a Board meeting to declare that adoption of the plan is a Type I action.  Make sure this is in the minutes of your meeting. Usually the Town attorney draws up a resolution to this affect.

 

            b. Further, you need to declare yourself the lead agency.  Make sure this is in the minutes of your meeting. Usually the Town attorney draws up a resolution to this affect.

 

            c. A Type I Action requires that the Full Environmental Assessment Form be filled out.  I will submit the form for your review after you have reviewed it and indicated to me the draft that you want the EAF completed on.  I will send along other steps for reviewing this form when it is completed.

 

4. After you review the EAF, the Board will need to decide if the adoption of the plan will have a negative impact on the environment.  Given the nature of the plan, I will say it does not have negative impacts, but you need to make that evaluation.  If you concur and decide that there will not be any negative environmental impacts as a result of adopting the plan, then you should pass a resolution declaring a negative declaration.  Usually the Town Attorney develops this resolution for issuing a negative declaration. 

 

7. Once the neg dec has been made, you must file it according to the instructions on the bottom or the neg dec form (with DEC, Town Clerk, etc).

 

8.  You must advertise the public hearing 10 days in advance with a legal notice in the paper that you use for such things.  After the public hearing, you can make other changes if you want.  If you make substantive changes, you will probably need to have another public hearing and have it re-reviewed by the County.  When you are ready, you will need a resolution to adopt the plan.  Again, the Town Attorney usually develops this resolution.  It must be adopted by a resolution however, not a motion on the floor.

 

Hope this helps clarify the process.  Let me know if you need any other help on it.