Town of Charlton

Saratoga County

Town Board Agenda Meeting

 

  March 31, 2008

7:30pm

 

 

The Agenda meeting of the Town Board of Charlton, Saratoga County, New York was held at the Charlton Town Hall and was called to order by Supervisor Grattidge at 7:30pm.

 

Present:  Councilman Gardner, Councilman Lippiello, Councilman Salisbury, Councilman Verola, Supervisor Grattidge, Town Attorney Bob VanVranken, Town Clerk Brenda Mills

 

 

Supervisor Grattidge announced that this meeting is to set the Agenda for the Regular Meeting of the Town Board on Monday, April 14, 2008.

 

 

APPROVAL OF ABSTRACTS

 

A motion made by Councilman Verola seconded by Councilman Gardner to accept General Fund Claims No. 1204-1250 in the amount of $52,447.44 as set forth in the abstract No.106.

 

Vote:  All Ayes, Zero No’s.      APPROVED

 

A motion made by Councilman Verola seconded by Councilman Lippiello to accept General Fund Claim No. 806 in the amount of $395.51 as set forth in the abstract No.8803.

 

Vote:  All Ayes, Zero No’s.      APPROVED

 

 

APPROVAL OF MINUTES

Supervisor Grattidge said that the Board will look to approve the March minutes at the next Board meeting.

ANNOUNCEMENTS                

Supervisor Grattidge stated that there were a few articles that did not get printed in the printed copy of the newsletter, however, they are available on the on-line version. Councilman Verola explained that Time Warner was down and some of the files that were sent to the publisher electronically, were lost in transmission and therefore did not get printed in the initial publishing.  A supplement to the newsletter has been put on the Town’s website and printed copies are available in the Town Hall. 

 

Councilman Verola said that a couple of questions have arisen regarding future newsletters.  1) Do we want the published articles to be signed?  2) Should this still be called the Town Board Newsletter or the Town Newsletter?  She said that if it was a Town Newsletter it would have to be done privately.  She has requested future discussion.

 

Dave LaFountain asked if proofreading improvements will be made in the future.  The Board agreed there would be.

 

 

Councilman Lippiello attended the State Planning Meeting as Deputy Supervisor.  We are currently awaiting the State application form to submit vouchers to get paid our money from the Agriculture Grant.  Supervisor Grattidge suggested that the vouchers be submitted monthly as bills arrive from the consultant.  He has spoken with Behan Consulting.  Hopefully by early May we should start to see progress with the Farmland Protection.  The purpose of the grant is to identify the prime agricultural properties, creating an inventory of the properties, what the impact would be on the Town if the properties were developed, and a recommendation of how the Town could implement zoning updates.  Councilman Lippiello said that there is 3-4 week turnaround on vouchers

 

 

Supervisor Grattidge stated that the Town has received a notice from Selective Insurance that the Claim against the Town made by Mr. Miller regarding an incident that occurred at Party in the Park in 2005 has been dropped.  A stipulation of discontinuance has been filed.

 

Supervisor Grattidge stated that the Town has switched the Town’s Disability Insurance policy to a new carrier.  For a very small increase in premiums, they were able to greatly improve the coverage offered to the employees.

 

Supervisor Grattidge stated that the Saratoga County Veteran’s float is available through the Board of Supervisors.  They do request that the Town sign up for it.  We have used it for the past few years.  Councilman Verola will call Mr. Lupi to coordinate the Veterans.

 

Supervisor Grattidge stated that the Sales Tax Distribution of $83,961.00 for March is again higher than 2007.  

 

Supervisor Grattidge said that we were successful in submitting our application to be reimbursed for the money spent for the work of the Town Attorney and Engineer to prepare the local law for the MS4 program last fall.  We received a check for $6,000.00.

 

Supervisor Grattidge stated that the 2007 Annual Report has been completed.   He stated that from his review, our revenue were higher than our expenditures.

 

Supervisor Grattidge said that at last month’s Board meeting, Mr. Adair requested information from the Town regarding  Old Route 67.  The information was forwarded to the Town Attorney.  His response letter is attached.  He stated Mr. Adair would need to contact a Title Insurance Company, a surveyor, or an Attorney.  Mr. Adair went to the County Mapping Depart and they sent him some old minutes from approx. 1915 when some old roadways were abandoned.  Supervisor Grattidge called Mr. Adair and informed him that the Town did not really have any information that would be helpful to him.  He assured Mr. Adair that the Town has no interest in owning the road.

 

Supervisor Grattidge said that we received a notice from the Department of Transportation that on March 9, 2008 the traffic light on the corner of Route 67 and Route 147 had stopped working.  The Fire Department was called, and the Highway Department was called to take the Town’s generator.  The purpose of the letter was to let us know that the battery back-up last for about 5 hours and 45 minutes.  The Supervisor said that we received list of approx. 10 short outages.  The report was forwarded to the West Charlton Fire Chief.

 

Supervisor Grattidge stated that the 2010 Census has been updated.  He thanked Councilman Gardner and Howard Eskin for their assistance.  They were able to go through various lists, and were able to find at least 91 additional addresses.

 

 

COMMUNICATIONS

 

Supervisor Grattidge stated that we received an e-mail from Anthony Sinopoli regarding his concern of National Grid running a set of power lines next to the lines already in place coming from Glenville, across Crooked St, Valentine, Old Stage, Sweetman Road and Lasher Road.  He is concerned about National Grid taking additional property.  Supervisor Grattidge stated that the Town would have some sort of review process if they are going to do this.    He wanted to make the Board aware that there may be further issues regarding this.

 

Supervisor Grattidge stated that we did receive a letter from Summit Risk Service regarding the Schmidt notice of claim filed against the town.  The coverage through our general insurance does not pertain to this.  Our Town Attorney has been asked to review this.

 

Supervisor Grattidge stated that he did receive a memo from Joe Miranda, the County’s Recycling Coordinator, finalizing the Hazardous Waste Collection date to be August 9^th, 2008.   There were be registration forms available in May at the Town Clerk’s Office.    Supervisor Grattidge stated that a resolution will be needed to participate. Last year’s bill was $6,722.57 and we received a state reimbursement of $3,361.  There is a 50% reimbursement from the state. 

 

Supervisor Grattidge said he received a question from a resident regarding the Mosquito dunks affecting the bat population.  This was passed on to Marv Schorr.  He wrote back stating that based on his research, they were safe for mosquito control and would not affect other wildlife.

 

Attorney VanVranken gave each Board member a copy of the Stipulation regarding the Ostranders and use of recreational vehicles used off road. This agreement was reached in lieu of a formal trial.   It increases the restrictions and regulations of the Ostrander property.  They will continue to be bound by the local law and also by this stipulation.  A copy of the Stipulation is attached.   Copies of the Stipulation were requested to be given to the Constables and Zoning Administrator. 

 

 

MOTIONS, RESOLUTIONS, PROCLAMATIONS

 

A motion was made by Councilman Verola and seconded by Councilman Lippiello that Resolution No.70 -  RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF CHARLTON OF LOCAL LAW NO. 1 of 2008.

be approved.

                             

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

 

A motion was made by Councilman Verola and seconded by Councilman Lippiello that Resolution No.71 - A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS NECESSARY TO PAY EXPENSES FOR SOFTWARE SUPPORT CONTRACT FOR THE HIGHWAY DEPARTMENT be approved.

 

Councilman Salisbury requested discussion.  He would like to see if there is a different Highway account that the money could be transferred from as opposed to transferring the funds from the Town’s contingency fund.

 

A motion was made by Councilman Lippiello and seconded by Councilman Gardner to table the approval of Resolution #71.

 

Roll call vote:  Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye, Councilman Salisbury: Aye,    Motion to Table Resolution #71 Approved.

 

AUTHORIZATIONS

 

A motion was made by Councilman Verola and seconded by Councilman Lippiello to authorize the Supervisor to sign the 3-year renewal service contract with County Waste. 

 

Vote: All Ayes, Zero No’s,   Approved.

 

 

A motion was made by Councilman Verola and seconded by Councilman Gardner that the Park Permits presented to the Board be approved, with the stipulation that the Board will review how the process worked for 2008, and that they may need to amend the procedures for next year. 

 

Vote: All Ayes, Zero No’s,   Approved.

 

 

DEPARTMENT REPORTS

 

Highway Superintendent Emerich asked if the Board wanted him to send the Town Attorney the information about the pick-up that the Town will be selling.   He will send it over.

 

Highway Superintendent Emerich gave 3 quotes to the Board members for the new mower to be purchased.  The State Contract price is higher than the other bids.

 

Highway Superintendent Emerich sent the Supervisor information about the OGS Green Conference.  Councilman Gardner will be attending.

 

Councilman Lippiello stated that John Morgan wants to look for alternative fixes to the variable speed pump.  The water tank will be down for 5-6 weeks while painting.  John Morgan stated that he will change the fire hydrant at the new Town Hall.

 

Councilman Salisbury stated that Assessor Wes Weaver wants to access the Town’s computer in the Assessor’s office from his home.  Supervisor Grattidge will check the limitations with the county.

 

Councilman Salisbury stated that the Tax Collector would like to attend a tax seminar in Glens Falls, but her mileage budget does not have enough funds. 

 

A motion was made by Councilman Salisbury and seconded by Councilman Verola to authorize the transfer from Tax Collector Account #1330.411 to Tax Collector Account #1330.404 of the necessary funds.

 

VOTE:  All Ayes, Zero No’s,  Approved.

 

 

Councilman Gardner requested discussion regarding Liaisons. He stated that he did not think that he is getting all information from all departments, and would like to get the Board’s thoughts on having all Liaisons report to the Board in general.  Councilman Verola stated that the only way that would work is to do away with the Liaisons and have the Department Heads report directly to the Board.  Councilman Gardner asked if it is fair that only one person hears.  Supervisor Grattidge stated that he feels that the current process is working correctly.  It would be very difficult to have the Departments have to report to everyone on the Board.  Supervisor Grattidge said that this issue would be kept as a discussion item.  Councilman Gardner said that he is not implying that there is a problem.  He would just like to consider other alternatives.

 

 

Supervisor Grattidge requested that a motion be made to go into Executive Session to discuss litigation regarding the Nigriny Article 78 Case and the New Town Hall project.  The motion was made by Councilman Verola and seconded by Councilman Lippiello.

 

VOTE:   All Ayes, Zero No’s,   Approved.

 

The meeting adjourned at 9:10pm and the Board went into Executive Session.

 

 

Minutes respectfully submitted by:

 

Brenda Mills, Town Clerk

 

 

 

The Board came out of Executive Session at 9:55pm and went back into Public Session.  Town Clerk Brenda Mills was not present.  Town Attorney VanVranken submitted the following minutes:

 

 

Minutes of Town Board Meeting of 3/31/08 following Executive Session

 

            The Town Board reconvened into Public Session at 9:55 p.m., following an Executive Session to discuss litigation regarding an Article 78 proceeding related to a subdivision denial by the Town Planning Board.  In Executive Session, Attorney William Keniry reviewed with the Town Board the status of the litigation and the options related to a recent judicial denial of the Town’s motion for summary judgment on grounds of standing.  Upon motion of Councilwoman Verola and seconded by Councilman Lippiello, the Town Board voted unanimously to authorize Planning Board Attorney Keniry to protect any and all appeal rights that the Town might have with respect to the recent Supreme Court decision and any other aspects of the litigation.

 

Submitted by: Robert VanVranken, Attorney