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Town of Charlton Saratoga County Town Board
Agenda Meeting June 25, 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, July 9, 2007.
ABSTRACT OF CLAIMS
A motion was made by Councilman Verola seconded by Councilman Gardner authorizing the town clerk to prepare abstract 112 claims no. 1484-1418 totaling $260,581.52 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
The July 9th meeting will begin with a bid opening for the towns Highway Dump Truck. Highway Superintendent Ron Gavin will look into how much the truck is worth. Supervisor Grattidge stated that the town does not have to take the minimum bid. The town board agreed to place a classified ad in the Daily Gazette and the Saratogian Newspapers.
The Town Board received a quote for two map cabinets relating to the Records Grant. A resolution for authorization will be prepared for the July 9th meeting.
Town Clerk Heather Scribner gave an overview of the Records Grant. Town Clerk Heather Scribner stated that Mohawk Office Products will be storing the town’s lateral file cabinets until the New Town Hall is built. Town Attorney Robert VanVranken stated that the Town Clerk should have some documentation, one their paid for and two they will be stored at no expense.
Supervisor Grattidge stated that July 4th the Town Hall will be closed.
Supervisor Grattidge reminded everyone that the Household Hazardous Waste forms must be submitted by July 25th to the Town of Milton.
Supervisor Grattidge stated that Ms. Holloway stopped into town hall wanting to donate her husbands’ veteran flag. Councilman Lippiello stated that he would give her a call.
Supervisor Grattidge stated that the Town Board met at 2:00pm on June 19th to discuss budget issues. The Town Board passed a resolution modifying a code on one voucher. Their will be meeting minutes.
Supervisor Grattidge stated on June 11th a Public Hearing was held regarding the Comprehensive Plan. There was a large supportive crowd. The Town Attorney spoke on the next several steps that would be taken to continue SEQUA. Town Attorney Robert VanVranken received a letter from the town engineer which will be given to the Town Board. The Town Board agreed to move forward with the adoption process of the Comprehensive Plan. A resolution will be prepared for the July 9th meeting.
Supervisor Grattidge stated that as the town moves forward with the Comprehensive Plan there are programs available to continue with an action plan. The Zoning Ordinance Review Committee will be asked to review the zoning ordinance. The Town Board received a packet of information from the Saratoga County Planning Department that speaks about grants. The grant is for $25,000.00 that municipalities can benefit from in respect to Farm Land Protection. Supervisor Grattidge stated that the grant could help integrate ideas from the Comprehensive Plan into Zoning. Supervisor Grattidge stated that the town may want to consider the grant to help pay for the cost of a consultant. The consultant could help by as the town integrates the Comprehensive Plan into Zoning. Supervisor Grattidge stated that there are several items within the Zoning Ordinance the town will need to work on. The Town Attorney has been working on a Cell Tower Ordinance and also the process with the special usage permits. Attorney VanVranken stated that it is great that the Comprehensive Plan is done although his recommendation would be to move the Zoning Ordinance Review Committee forward. It is going to be critical. Supervisor Grattidge suggested that the committee focus particular areas first rather than taking the whole zoning document at once. Supervisor Grattidge stated that he would gather some names of consultants that could help with the process. Supervisor Grattidge stated that the county used John Beham of Beham Associates. Councilman Verola stated that she liked him.
Councilman Gardner stated that the process of folding the Comprehensive Plan and Zoning together is going to be a long process. Supervisor Grattidge stated that the Town Board has to identify some of the areas of the Zoning Ordinance and then bring those areas to the Zoning Ordinance Review Committee. Councilman Verola suggested hiring a consultant to help with the process. The board can start by getting quotes to see how much a consultant would charge. Supervisor Grattidge suggested moving forward with passing the Comprehensive Plan then scheduling a workshop meeting. Councilman Gardner stated it would be important for the Town Board to have a consensus of where to start to give direction and support to the Zoning Ordinance Review Committee.
Town Attorney VanVranken stated that some of the Local Laws need tightening up and bring it back into a useful and definable document. The Town Board could do a Public Hearing for several Local Laws. Then move forward with the big items such as Farm Land. The town could hire a consultant to review the zoning ordinance to give objectives. Supervisor Grattidge suggested that who ever we hire to help for the farm land protection grant the board can expand with that. If the town has to use some general funding the town board can budget that for next year. The Town Board will further discuss at their July Agenda Meeting.
The Town Board received a letter from the NYS Unified Court System requesting a copy of last years audit for the Town Justices. Supervisor Grattidge stated that he believes this letter went out state wide to all municipalities. Supervisor Grattidge stated that he would send them a copy of the audit report conducted last year by Bob Fisher. Supervisor Grattidge will also ask Bob Fisher if he has any other additional information to include. Councilman Verola stated that the letter says, The Unified Court Systems Action Plan for the Justice Courts, announced last November, includes initiatives to improve accountability and controls over Justice Court finances and records. Supervisor Grattidge stated that he remembers what they were talking about. Councilman Verola stated that she doesn’t remember seeing the letter. Supervisor Grattidge stated that he has spoken to Judge Bascom. Justice Bascom stated that the letter went out on a state wide basis.
Supervisor Grattidge stated that he followed up on the grant application for the justice furniture. Justice Bascom received the resolution that was passed and all documents need to submit the grant application. Justice Bascom received used desks from the Saratoga County Court Administration. The Highway Department is currently storing the furniture.
Town Clerk Heather Scribner received correspondence from the Saratoga County Office of Emergency Services requesting residents for file out a registration form for special needs registration. The county is looking to create a data base with people who have special needs in the event of an emergency. The forms are available at the Town Clerks Office. Town Clerk Heather Scribner will forward the forms to the Charlton Senior Group. She said she would hand the forms out as she issues a Handicap Parking Permit. Councilman Gardner stated that it is very difficult to locate these people. The towns can not get a list from the county. Councilman Lippiello stated that the Fire Departments may have a list.
Supervisor Grattidge announced that the Town Board received a letter from a resident on Eastern Ave. The letter is requesting that the town reduce the speed limit from 40 miles per hour to 30 miles per hour. (A copy of the letter is filed at the town clerks office) The letter stated several concerns with the increase of pedestrian traffic and the encounter with an unaided cow running loose in the street. The letters suggests alternative solutions for the town such as installing street lights and adding a well defined shoulder. Supervisor Grattidge stated that the speed limit has been reduced in the past, the Town Board agreed that no action further action is needed and the board is comfortable with the speed limit it is currently at. Council Verola stated that if there were many residents with concerns or a petition filed we should further look into it. Supervisor Grattidge stated that the town has constables patrolling Eastern Ave. Supervisor Grattidge stated that he will respond to the letter saying that the Town Board is comfortable with the speed limit it is currently at.
Supervisor Grattidge stated that had received a letter from the Attorney for the Land Owner of the dirt bike. (The letter is filed at the Town Clerks Office) The land owner feels that they are in compliant with the law. Councilman Gardner stated that the land owner of the bike tries very hard with the kids to ride reasonable, set hours and certain times of the day. I believe that they are trying hard to work the neighbors. Councilman Gardner stated that these people have this equipment and can’t always go to a race track to ride and they need time to practice. Supervisor Grattidge stated that this falls into an area that these are racers. The kids are not kids just riding their mini-bike. It jumps to a level that it is not a casual use by a land owner. The original complaint letter states that there are not one or two bikes. Councilman Gardner stated that there is probably a track where the kids are practicing on. They are probably riding for about 15 minutes at a time then making changes to their bike. Councilman Gardner stated that he thinks about people mowing their lawn. “If you think about me mowing my lawn you have to put up with me for mowing that lawn for about two hours”. “Noise is noise” stated Councilman Gardner. Supervisor Grattidge stated that I don’t think the board has heard the last of this case.
The Town Board received a letter from the Architect for the New Town Hall in regards to the installation of a stand by generator. The Town Board has to decide which avenue they want to take. There are two items to consider in the event of a power outage. The Town Board needs to decide which item the generator should provide, one power to the elevator or two powers the air-conditioned in the New Town Hall. Supervisor Grattidge stated that if the power was lost in a heat wave the town would have a building with cooling. Supervisor Grattidge stated after meeting with the electrician the board felt it was a little higher of a priority than the elevator. Owners Representative Tony Ward stated that in the event of a power outage the elevator will always go to the ground floor.
Supervisor Grattidge stated that the Town Board had an Informational Meeting regarding the three panel Assessor system. A representative was there discussing the various methods. Supervisor Grattidge stated that he received calls from people from the Assessment Board of Review, Chairman and two members who are concerned whether the current assessing staff is going to handle keeping the town’s equalization rate current. Also, received a call from past Councilman Dorothy Mitchell concerned with the assessment system the town currently has. Supervisor Grattidge stated that he would like to poll the Town Boards feeling on which direction the town will be going in either staying with the three elected Assessors or sole Assessor.
Councilman Gardner stated that he can’t see moving away from where the town is right now. From the feed back from the community everyone wants to stay with the three elected assessors. If the Assessors are elected to the work they are elected to do the work. They have to do it.
Councilman Verola stated that she is not ready to go to a sole Assessor. From what she is hearing Assessor Bob Cromie has came a long way with the computer program.
Councilman Lippiello stated that it is pretty clear that this town would like to stay with the three elected assessors. I don’t think we’ve done a job of convincing that a single assessor is better.
Councilman Salisbury stated that he is not ready to make the change. He would rather like to keep it to the three Assessors at this present time. The public is going to have to have lot information to put it up on the ballot again for a vote.
Supervisor Grattidge stated that after hearing the Town Boards opinions there has been a request to have Lewis Morris appointed to fill the remainder of the 2007 year as Assessor to complete the Assessor Board. Mr. Morris is the candidate who is running for election. It would be an opportunity for Mr. Morris to receive the training that is needed. The Town Board agreed to prepare a resolution appointing Mr. Morris as an Assessor at the July 9th meeting.
Supervisor Grattidge asked Councilman Gardner and Councilman Salisbury to look into the Town’s National Grid bills. The bill seems high. The town could look into maybe purchasing power from another company. Supervisor Grattidge received an email from a company who wanted give the town a quote for electric supply. Supervisor Grattidge stated that he would forward the email to the councilmen. Councilman Salisbury stated that he was already on it. There is a particular company who will review the town’s electrical bills for free. The company reviews the bills to see if there are over payments. Town Clerk Heather Scribner will provide Councilman Gardner and Councilman Salisbury with a past electrical bill. Councilman Salisbury stated that the company will also look into the town’s phone bill.
Supervisor Grattidge asked Councilman Lippiello and Councilman Verola to look into developing guidelines for community use to the Town Hall once we move into the New Town Hall. Supervisor Grattidge asked Councilman Verola and Lippiello to work with Marvin Schorr and Town Clerk Heather Scribner to work on the project. Supervisor Grattidge stated that the guideline may include insurance, which groups would qualify and advance notice etc.
Supervisor Grattidge stated that the Town Board received a letter from Assemblyman James Tedisco regarding NYS Property Tax Payer Protection Act. This would limit the amount of property tax could go up either 4% or the rate of inflation which ever is less. Supervisor Grattidge stated that the Town Board would need to pass a resolution. The Town Board agreed to wait until next month.
Supervisor Grattidge stated that over the course of the last month a situation came up regarding a purchase that was requested by the Highway Department. The purchase was for a cell phone at the cost of $280.00. Supervisor Grattidge read Resolution #54 the towns purchase policy. The purchase of other materials goods, equipment and services, purchase of goods and materials involving materials less than $300.00 which are proper town charges and covered by appropriations may be authorized by the Department Head, Boards, and Commissions having budget appropriations assigned to them.
Highway Superintendent Ron Gavin stated that Councilman Verola and Councilman Salisbury had seen Foreman Mike Emerich’s cell phone. It is a legitimate buy. “I don’t see any thing that we are abusing the purchasing agreement” said Superintendent Gavin. Councilman Gardner stated that when this first hit me it wasn’t that you couldn’t purchase it. You could. I felt with consideration of all the other things going on, cost of fuel going up and everything else going up the $300.00 although falls within the purchase policy seemed to be spending a lot of money on a cell phone to be use for town business throughout the day. We’ve had phones within the town for a number of years and have been using conservative cost phones. It is a nice deluxe high Tec. Phone. Councilman Gardner stated that he can’t stop the purchase but wanted to voice his opinion. Superintendent Ron Gavin stated that his foreman needs the phone and he is going to purchase it tomorrow. Councilman Salisbury stated that he would like to see the Town Board look into the contract for the cell phone bills. We may want to through other companies. Superintendent Gavin stated that the town uses NEXTE because of the Walkee Talkees. Councilman Verola stated that doesn’t the town has an agreement if a cell phone is turned in upon agreement you receive one for free or at minimal cost.
Supervisor Grattidge stated that he replaced his phone in 2006. When the phone was replaced the additional cost that we are talking about, is for the service quality. The less expensive phones do not get service in the rough areas. Councilman Lippiello stated that there is safety concerns if you don’t have the Bluetooth. Councilman Salisbury stated that Radio Shack has a less expensive Bluetooth. Councilman Verola stated that Technology is getting better and better maybe the town should have a policy on what is allowable with trade in on cell phones or other items. Supervisor Grattidge stated that when he first took office I requested that the NEXTLE Company pool all the minutes so if anyone goes over their time they can poll to what ever minutes are available through the account. There has never been an extra charge for minutes use. Supervisor Grattidge stated that the Highway Department deemed the purchase as what they feel is important and we have a purchase policy. Councilman Gardner stated that he could object to $300.00 expenditure with in the town on general principal. It doesn’t take away from the purchase policy. If I don’t express myself then know one hears it. Councilman Salisbury stated that they don’t have to sign the voucher. Highway Superintendent stated that he understands.
Councilman Salisbury stated that he and Councilman Gardner would like to sit down with Kathy Hanley to discuss financial reports. Supervisor Grattidge stated okay.
Councilman Salisbury stated that the Town Clerk receives monies and there is no resolution on file authorizing her to receive certain funds. This would include Planning Board fees and Escrows etc. Councilman Salisbury submitted a sample resolution to the Town Board authorizing the Town Clerk to receive certain monies. It would also allow the Town Clerk to deposit the monies to her account and turn it over to the Supervisor at the end of the month. Supervisor Grattidge stated that the monies are collected at the Town Clerks Office the monies are being turned over to the supervisor. Councilman Verola stated that the one thing we are not doing is having the Town Clerk deposit the monies into her account and at the end of the month. In order to protect the Town Clerk she could deposit the monies into her account and then write a check to the Supervisor at the end of the month with her reports. Supervisor Grattidge stated that he disagrees with the way to do this. To have the Town Clerk to do full accounting and checks and fees makes no sense. Right now it goes through the Supervisor’s Office. Supervisor Grattidge stated that the Town Board spoke to the financial consultant and he spoke the same thought. Town Clerk Heather Scribner stated the current process is the Town Clerk collects Planning Board Fees, Escrow Accounts, and Planning Board Park Fees and Planning Board Application fees. Once a check is collected at that time the check is turned over to the Supervisors Office. A receipt for the check is signed off on by the Secretary to the Supervisor. Councilman Gardner stated that other surrounding Town Clerks deposit the monies into their checking account then turn it over to the Supervisor at the end of each month. Town Clerk Heather Scribner stated many Town Clerks’ collect fees and turn the monies over at the end of each month. Councilman Gardner stated that he doesn’t understand why the Financial Consultant says not to. Councilman Salisbury stated that the Town Clerks Office is the office that is opens the most. If the Town Clerk put the monies directly into her system she is able to run report. Councilman Verola stated that she won’t have to deal with all these receipts, it would be more efficient.
Councilman Salisbury stated that the other item is water usage fees. Councilman Salisbury stated that he can’t believe that the residents in town can not come into the town office and pay their water usage fees, they have to mail. “I believe the residents should have a spot to mail it” says Councilman Salisbury. Town Attorney Robert VanVranken stated that he doesn’t believe it is illegal. Councilman Verola stated that if someone came into town hall to pay their water bill with cash, they are told they can not do that they must mail it in. Attorney VanVranken stated that you can tell them that although I’m not sure if you want to do that. Supervisor Grattidge stated that the Town Board will be meeting with Consultant Bob Fisher during July. The board can further discuss at that time. Councilman Salisbury stated that he would like to bring this topic up as a resolution. Councilman Salisbury stated to the Supervisor you can poll us on everything else why don’t you poll us on this. Supervisor Grattidge stated that the Town Board has a consultant to work things through. The reason we have a consultant is to be doing things in a proper way. Councilman Lippiello stated that he would like to hear the opinion of the consultant. Councilman Gardner stated that he is a little confused, other towns do things differently. Councilman Verola stated that she doesn’t remember having a discussion about this topic with the consultant. Councilman Lippiello stated that obviously there have been other discussions. You’ve check with other towns.
Supervisor Grattidge stated that he received a bill from Schultz Construction for the water repair project. The bill will be going through on the next abstract.
Councilman Verola stated that the Town Clerk’s Office will be closed on Saturdays during the months of July and August.
Councilman Verola stated that the Planning Board would like to know the status on the Storm Water Management Legislation. Supervisor Grattidge stated that Blue Niles of Saratoga County will be sending to the town a written recommendation.
Councilman Gardner stated that he would like a resolution proposing a resolution appointing a member to the Technology Advisory Committee. The Committee has had a resident Joe Egry attending the meetings. Mr. Egry is a computer programmer for RPI Developing. Councilman Gardner stated that Mr. Egry would be very helpful to the group. Mr. Egry has been helpful already with gathering information for the committee.
Councilman Gardner stated that the Technology Committee reviewed the Town Clerks computer situation which crashed. The Committee made recommendations. The Town Board agreed to move forward for the Town Clerk to purchase a desktop computer.
Councilman Lippiello stated that the Court Clerk has been awaiting a response from the Technology for their purchase of a needed printer. Councilman Verola stated that may be they should get a less expensive printer and wait until we get into the New Town Hall.
Upon motion by Councilman Verola seconded by councilman Lippiello by a unanimous vote by the Town Board to enter into an executive session in order to discuss proposed litigation.
At 10:30pm the Town Board reconvened out of executive session and directed the Town Attorney to notify Selective Insurance Co., the surety for Schmidt & Schmidt Co. of the Town Board intent to file a notice of default unless a meeting with the surety was scheduled within fifteen days of such notification.
RESOLUTIONS
A motion made by Councilman Gardner seconded by Councilman Verola that Resolution No. 106 A RESOLUTION AUTHORIZING THE ARCHETIC TO MAKE ARRANGEMENTS WITH THE ELECTRICAL DESIGNER TO PROVIDE POWER FROM THE GENERATOR TO THE AIRCONDITIONING AND TO PROVIDE AN AUTOMATIC SWITCH TO THE ELEVATOR FOR THE TOWN HALL PROJECT be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman Gardner that Resolution No. 107 A RESOLUTION APPOINTING JOSEPH EGRY TO THE TECHNOLOGY COMMITTEE be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman Gardner that Resolution No. 108 A RESOLUTION AUTHORING THE TOWN CLERK TO PURCHASE A COMPUTER FOR THE COST NOT TO EXCEED $1300.00 be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion made by Councilman Verola seconded by Councilman Gardner that Resolution No. 109 A RESOLUTION DIRECTING THE TOWN ATTORNEY TO WRITE A NOTIFICATION TO SELECTIVE INSURANCE CO., THE SURETY FOR SCHMIDT & SCHMIDT INC. be approved:
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Supervisor Grattidge adjourned the meeting.
Respectfully Submitted,
Heather Scribner Charlton Town Clerk
TOWN OF CHARLTON COUNTY OF SARATOGA STATE OF NEW YORK
RESOLUTION NO.106
June 25, 2007
A RESOLUTION AUTHORIZING THE ARCHITECT TO MAKE ARRANGEMENTS WITH THE ELECTRICAL DESIGNER TO PROVIDE POWER FROM THE GENERATOR TO THE AIRCONDITIONING AND TO PROVIDE AN AUTOMATIC SWITCH TO THE ELEVATOR FOR THE TOWN HALL PROJECT
BE IT RESOLVED, that the Town Board hereby authorizes the Architect for the New Town Hall Construction to make arrangements with the Electrical Designer to provide power from the back up generator to the air-conditioning and to provide an automatic switch to the elevator in the event of power outages for additional charges,
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 July 25, 2007.
__________________________________ Heather Scribner, Town Clerk
TOWN OF CHARLTON COUNTY OF SARATOGA STATE OF NEW YORK
RESOLUTION NO.107
June 25, 2007
A RESOLUTION APPOINTING JOSEPH EGRY TO THE TECHNOLOGY ADVISORY COMMITTEE
BE IT RESOLVED, that the Town Board hereby appoints Joseph Egry as a member of the Technology Advisory Committee for a period commencing June 25, 2007 and terminating December 31, 2007.
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 July 25, 2007.
___________________________________ Heather Scribner, Town Clerk TOWN OF CHARLTON COUNTY OF SARATOGA STATE OF NEW YORK
RESOLUTION NO.108
June 25, 2007
A RESOLUTION AUTHORIZING THE TOWN CLERK TO PURCHASE A DESK TOP COMPUTER
WHEREAS, it was determined that the Town Clerks desk top computer is no longer in working order and is in need of replacement to perform certain duties and that the Technology Committee has reviewed quotes for replacement of such computer.
BE IT RESOLVED that the Town Board hereby authorizes the Town Clerk to purchase a desk top computer for the cost not to exceed $1,300.00 including software and installation.
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 July 25, 2007.
___________________________________ Heather Scribner, Town Clerk TOWN OF CHARLTON COUNTY OF SARATOGA STATE OF NEW YORK
RESOLUTION NO.109
June 25, 2007
A RESOLUTION DIRECTING THE TOWN ATTORNEY TO WRITE A NOTIFICATION TO SELECTIVE INSURANCE CO., THE SURETY FOR SCHMIDT & SCHMIDT INC.
WHEREAS, the Town Board reconvened out of executive session at the Town Board Meeting held on June 25, 2007 and,
BE IT RESOLVED that the Town Board hereby directs the Town Attorney to notify Selective Insurance Co., the surety for Schmidt & Schmidt Co. of the Town Board intent to file a notice of default unless a meeting with the surety was scheduled within fifteen days of such notification.
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 July 25, 2007.
___________________________________ Heather Scribner, Town Clerk
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