 |
|
****JavaScript based drop down DHTML menu generated by NavStudio. (OpenCube Inc. - http://www.opencube.com)****
|
|
|
||||||||||||||||||||||||||||||
|
Town of Charlton Saratoga County Town Board Meeting
7:30pm
April 14, 2008
The Regular meeting of the Town Board of Charlton was held at Charlton Town Hall. The meeting was called to order by Supervisor Grattidge at 7:30pm.
Present: Councilman Lippiello, Councilman Gardner, Councilman Salisbury, Councilman Verola, Supervisor Grattidge, Town Clerk Brenda Mills, Town Attorney VanVranken.
Supervisor Grattidge lead the pledge of Allegiance.
APPROVAL OF MINUTES A motion was made by Councilman Verola and seconded by Councilman Lippiello, to accept the meeting minutes of the Town Board Meeting held on March 10, 2008.
Roll call vote: Councilman Gardner: Abstained, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Salisbury, to accept the meeting minutes of the Town Board Special Meeting held on March 12, 2008.
Roll call vote: Councilman Gardner: Abstained, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Gardner, to accept the meeting minutes of the Town Board Public Hearing held on March 31, 2008.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A request was made for a correction to the March 31, 2008 Town Board Agenda Minutes. The correction is needed to paragraph one, to read that the Supervisor will check the limitations with the county.
A motion was made by Councilman Verola and seconded by Councilman Gardner, to accept the meeting minutes of the Town Board Agenda Meeting held on March 31, 2008.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
Supervisor Grattidge announced that there will be a Special Meeting of the Town Board on April 14th, 2008 at 4:30pm. The purpose of the meeting will be to go into Executive Session to discuss the litigation of the new Town Hall.
ABSTRACT OF CLAIMS & TOWN CLERK REPORT
A motion was made by Councilman Verola and seconded by Councilman Lippiello to accept General Fund Claims No. 1251-1298 in the amount of $28,695.24 as set forth in the abstract No.107, and also General Fund Claim No. 807 in the amount of $424.40 as set forth in the abstract No. 8804.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Lippiello to accept the Town Clerk’s monthly report.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
SUPERVISOR’S REPORT AND ANNOUNCEMENTS
For the month of March I attended 4 Town meetings and 7 County meetings. Some of the highlights of the month:
- Attended the installation of Officers for the Charlton Fire Department - Met with the Party in the Park Committee - Worked on the 2010 Census - Traveled to Albany with other County Supervisors and met with State Representatives to discuss Saratoga County issues. - Held a workshop with the Town Board to review the Town’s insurance coverage. - Attended the Saratoga County Farm Bureau Rural Urban Dinner
March Expenditures and Revenue:
WEB SITE ACTIVITY
The overall number of visits to the Town of Charlton Web Site during the month of March was: Entire site; 60,050 Average per day; 1,937, Page views; 32,842, Average per day; 1,059
ANNOUNCEMENTS
Supervisor Grattidge stated that the Town received a letter from Senator Hugh Farley confirming that Charlton has received a $25,000 grant. The Town had requested the money for projects for the Water Department for a backup generator in case of a power outage, and also for the Highway Department for update the fuel tank system.
Supervisor Grattidge received a notice from the Burnt Hills-Ballston Lake Professional Association inviting us to participate in the Flag Day parade being held on June 12th, 2008.
Supervisor Grattidge received a notice from Matt Veitch, Supervisor of City of Saratoga, inviting Towns to participate in Historic Reenactments during the All-American Celebration: Family, Freedom and Founding Father; a festival being held in downtown Saratoga July 4-6, 2008. Supervisor Grattidge will give a copy to the Town Historian and the Historical Society to see if people are interested in participating.
Supervisor Grattidge said that the Zoning Department has given the Town Board a Special Exception Permit Application for the Dr. Phelps Office project on Stage Road. Attorney VanVranken gave each Board member a copy of the Zoning Ordinance, and read the following memorandum:
MEMORANDUM TO: Charlton Town Board FROM: Bob Van Vranken RE: Dr. Phelps’ Exceptional Use Permit Application DATE: April 14, 2008
Attached to this memo please find an outline of the regulations and procedures relative to the processing of a Special Exception to Designated Land Uses. You have received such application from the representatives of Dr. Phelps. Based upon the procedures defined in the Town of Charlton Zoning Ordinance, I would make the following specific recommendations with respect to the processing of this matter.
Attorney VanVranken stated that Dr. Phelps has broken the project into 2 phases. Phase 1 being a professional building and at a later time Phase 2 being a supplemental building. Attorney VanVranken informed the Board that they can remain as the Board of Jurisdiction or they can refer the application to the Zoning Board of Appeals to become the Board of Jurisdiction. Attorney VanVranken stated that he prepared a resolution in case the Board decides to refer the application to the ZBA.
Supervisor Grattidge stated that the Town received a notice from the Galway Public Library. They are going to be holding elections for the Board of Trustees. Anyone interested in running for the Board can contact the Library. A copy of the notice has been posted on the Town’s Bulletin Board.
COMMUNICATIONS
Supervisor Grattidge stated that the Board has received a letter from the West Charlton Volunteer Fire Department Board of Commissioners requesting consideration of the fees being imposed by the Town’s Zoning Department for a proposed storage building for the Fire Department. Attorney VanVranken stated that in 1959 they received an area variance and a site plan review and approval before the firehouse was built. The Zoning Board and the Planning Board will review this application. The matter before the Board is to decide what fees if any to impose. Supervisor Grattidge suggested that this be brought up at the next Agenda Meeting. He stated that there have been other applications by other Fire Departments, and he would like to research and see what fees have been charged before a decision is made.
Supervisor Grattidge stated that he received an e-mail from resident Janet Moran asking if the at the Elmer Smith Park, a Dog Park could be created. He stated that he is sending the request to the Parks Committee for review.
Supervisor Grattidge received a letter from National Grid stating that they are looking at the project for the Power Transmission Line along a 7 mile stretch, and asking us to let them know if there are any questions regarding the project. Supervisor Grattidge said that we have heard from a few very concerned residents and he would like to forward their letters to National Grid and ask that they set up meeting with these residents.
Supervisor Grattidge stated that he received a letter from resident Craig Jones regarding the Ostrander Stipulation. The letter said that he was disappointed in how the Town addressed the concerns of the residents, and the noise, and how long it took to have the agreement processed. Supervisor Grattidge said that the Town Attorney sent a memo during the month that outlined the process. The Supervisor said that this is an issue that the Town is going to struggle with going forward. How do you strike a balance with allowing people to use their property for their uses, and not impact their neighbors by making it difficult to be outside.
Supervisor Grattidge stated that the Town did receive a resignation from Heather Scribner from the Records Advisory Board. He thanked her for her years of service and hard work that she put in on the Board.
DEPARTMENT & COMMITTEE REPORTS
Highway Department – Mike Emerich stated that he received good news from the State. The State is increasing their CHIPS fund this year from $69,000 to $84,000. He read the following report:
General Operations Install 4 ton weight limit signs on town roads Clean around fire hydrants and catch basins Plow Snow, Sand and Salt Roads Patch holes around town on paved and dirt roads Clean snow from ditches on various roads around town to keep off pavement Fix washouts on shoulders where water was flowing on road surface Ck plugged and frozen culverts Mix sand and salt Sweep up sand Clean up plow damage
Equipment Repair Took plows off two big trucks Replace misc. light bulbs
Miscellaneous Items Ordered new pickup Worked on price quote’s for new mower Animal Control – Lee Bramer stated that he picked up one dog this month. He has received numerous phone calls from residents complaining about dogs running loose. He reminded everyone of the Rabies Clinic at the 4-H Training Center. A poster of dates is posted on the Town’s Bulletin Board.
Parks – George Eggleston stated that they are getting ready for clean-up and Party in the Park. There is another Park Permit for approval later tonight.
Constables – Bruce Gardner stated that there is no report this month.
ECC- Marv Schorr reminded about the Roadside Clean-Up on April 26 at 8am, and the tree distribution following at noon. He also stated that the Hazardous Waste collection will be August 9th, at the Milton Town Hall Parking Lot. Forms for pre-registration will be available in May in the Town Clerk’s Office. Supervisor Grattidge said that the Town’s Bulk Pick-Up will be May 5th – 9th, and the Brush Pick-Up will be April 21st – 25th.
Planning Board – Councilman Verola stated that the Planning Board met on March 17th. They deliberated on three subdivision applications, one lot line change application and a pre-application conference.
E-Govt - Technology – Councilman Lippiello stated that there will be a meeting on April 22, 2008. They plan to address a couple of questions that have arisen in the past few weeks.
Library – Councilman Lippiello stated that the Town of Ballston Library is having a meeting on April 30th. They are beginning a long range 5 year plan.
Zoning - Councilman Gardner stated that 6 permits were issued in March for a total of $540. They also issued two C0/CUs.
Justice – Councilman Verola stated that the Justice’s have received a $5,819.47 grant, which includes funding for a handheld metal detector. The Justices would like to know how the Town Board wants them to use it. Attorney VanVranken stated that because the Court is an independent part of the government, the decision would be theirs to make. He suggested that they coordinate it with the Office of the Court Administration.
Water – John Morgan said that the test was done in the village and the pressure was found to be 15 pounds of pressure. Today one of the pumps was taken out to be rebuilt if rebuildable. The problem is that the bolts are coming off of the cages at the bottom because of rust and corrosion. The second pump will need to be done when the first pump is returned. The bill today was $3,900. If the pump is not repairable it will cost thousands to replace. As soon as more information is available, he will present it to the Board. Supervisor Grattidge said that this is certainly under emergency procedures.
Constables – Bruce Gardner said that the Constables are requesting approval for the expense of $600 for the Constable Firearms Training.
RESOLUTIONS
A motion was made by Councilman Salisbury and seconded by Councilman Verola that Resolution #71 – A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS NECESSARY TO PAY EXPENSES FOR SOFTWARE SUPPORT CONTRACT FOR THE HIGHWAY DEPARTMENT be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Salisbury that Resolution #72 - A RESOLUTION TO SUPPORT AND AGREE WITH THE TERMS AND CONDITIONS OF A MULTI-MUNICIPAL ACTIVITY TO BE KNOWN AS THE COOPERATIVE HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Lippiello and seconded by Councilman Verola that Resolution #73 - A RESOLUTION TO ADVERTISE FOR SALE BY SEALED BID A 1996 DODGE RAM 2500 4X4 PICK UP TRUCK be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Gardner that Resolution #74 - A RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN TWO AGREEMENTS BETWEEN THE TOWN BOARD OF THE TOWN OF CHARLTON AND THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS AND BEHAN PLANNING ASSOCIATES, LLC be approved.
Discussion: Councilman Gardner said that on page 2 of the agreement, it refers to Behan having all rights to the study. Does that mean that they own it and we don’t? Attorney VanVranken stated that it means that we will have part of it, but Behan can use and distribute in other projects. Supervisor Grattidge said that under the insurance requirements, they are asking to be held harmless. Our agent suggested that we ask Behan to hold us harmless. Attorney VanVranken said that Behan is providing a professional service to us, and he did not feel that it was necessary to have a reciprocal agreement.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Lippiello that Resolution #75 - A RESOLUTION REFERRING A SPECIAL EXCEPTION FOR LAND USE APPLICATION TO THE TOWN OF CHARLTON ZONING BOARD OF APPEALS be approved.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
AUTHORIZATIONS
A motion was made by Councilman Lippiello and seconded by Councilman Verola to approve the Park Permit from Tom Houghtalen.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
A motion was made by Councilman Verola and seconded by Councilman Lippiello for approval of the expenditure of $600 for the Constable Firearms Training.
Roll call vote: Councilman Gardner: Aye, Councilman Lippiello: Aye, Councilman Salisbury: Aye, Councilman Verola: Aye, Supervisor Grattidge: Aye Approved
COUNCILMAN REPORTS
Councilman Salisbury stated that the Assessor is no longer requesting access from home.
Councilmen Lippiello, Verola and Gardner had nothing to report.
PRIVILEGE OF THE FLOOR
Patricia Stoll of West Charlton – Thank you to the Board for all the time and their commitment to the Town. First of all the issue is not about the people, but about noise. The Ostranders are good people. She just wants the noise to go away. People have different tolerances to noise. This noise can be heard about 2 miles away. This is an unnerving noise. They have put up with the noise for years hoping eventually it would go away, as the children grew and moved away, but it has not gone away. They have tried a couple of time to negotiate with the Ostranders and made some progress a couple of times. But still the noise that they can hear in their house is very bothering. We are hoping that the agreement that was made will work, in particular the muffler part works. We are wondering if the agreement does not work, can we still appeal?
Attorney VanVranken – This particular issue was resolved with that stipulation. If you feel that there is a violation of the noise ordinance, you can bring another complaint. The problem is the legislation, where there is a maximum penalty is $100. My thinking in trying to resolve this is that the Ostranders along with their Attorneys are trying to reduce the level of use that would certainly reduce the noise level, and a commitment again to use appropriate mufflers. This Town Board does not have jurisdiction. The way the local law is written, it is a violation that goes before the Town Justices. Your neighbor expressed a question as to why it took so long, and it is because the Town justices reclused themselves for a variety of reasons. It took The Office of Court Administration 4 months to reassign it. During that period of time there was obviously a delay. There were ongoing negotiations. This ordinance is in effect and does apply to Mr. and Mrs. Ostrander. They are here and free to speak if they wish. They understand that their rights have been limited by the stipulation, so they don’t have the same rights as everyone else in the Town of Charlton, by agreement with their own knowledge and consent.
Patricia Stoll – Muffler wise, I know that they have standard mufflers, and they do not make mufflers that will reduce the noise enough. I understand that you are reducing the amount of impact, but what’s happening to you isn’t always a matter of always being able to negotiate. For example you can’t say it is okay for someone to hit you over the head six hours a week as long as you are not doing it the rest of the week.
Attorney VanVranken – The other option is, if you believe that there is a decibel violation and can provide evidence to that affect, you can bring another complaint. I read the ordinance to you again, the fine is $100. My approach was to address the issue with the stipulation rather than a $100 fine and leave nothing open. I think that the Ostranders at least through their Attorneys addressed it that way. I hate to say this but it is an Ordinance issue to address your situation. As long as it says what it says, that is what you have to live with. If the Ostranders are the only ones that are currently violating it, again they have agreed or at least allegedly agreed to the terms of the stipulation.
Harry Stoll – It is not about frequency of noise, it is about noise. It is about muffler technology. I would be willing to give the Ostranders $500 to go to someplace to customize a muffler that would be quiet. When you go to a track, take it off and put your muffler back on. That solves everybody’s problem. We wouldn’t care if you ran them seven days a week if it sounded like a car. But right now it sounds like a horrible dirt bike. Whether it happens 3 days a week or 1 day a week, it’s very annoying. The other aspect of it is that 3 days a week, it is very random, so you don’t know when it is going to start up again. If you had a Monday night bike night and it was always Monday night, we could go to the store or the movies.
Marv Schorr – The Charlton Seniors have scheduled the Superintendent of the BH-BL school district on Thursday April 24, at the Charlton Freehold Church. The public in general is invited. Superintendent Schultz will answer questions and give a presentation. Supervisor Grattidge said that this an excellent point to bring up because the Town has no Town tax, but the school has an ever increasing tax. If anyone is concerned over their school tax, this would be an excellent meeting to go to.
Mary Bonner – I have been reading in the newsletter about the Town Hall, and I was attempting to read the Dr. Carr report. I was wondering why there are Executive Sessions, or why I wasn’t aware of what was going on with the Town Hall.
Supervisor Grattidge-The process of the Town Hall goes back to 2004, when we had a number of Public meetings on design, style, financing, bonding, what the Town people were looking for. So it seems like the Town Board feels like we met on the subject a lot. In the last year and a half, we have addressed issues during our Board meetings that have come up. We have certainly tried to convey through the newsletter and Board meetings the process that we are in. It has been a long and twisted road that we have been on.
Mary Bonner - If you go through Dr. Carr’s report it does refer to special session, special session. Should we as Charlton residents be getting notified? Maybe I should do a better job of coming to meetings or should you have more public meetings?
Supervisor Grattidge - We certainly always strive to keep everyone informed of where we are in the process. The special meetings usually come up on a timing issue of when we can get the group together. The resolutions and the Board actions that we have taken as a Board have been in open session. Those actions were taken during a regularly scheduled Board meeting. This certainly has not been a traditional project. We had no idea that we were going down this road when we started this thing. We thought that when our schedule called for the building to be completed in July of 2007, and we are still a long way from being completed. We try to keep everyone informed.
Mary Bonner – Can you put the agenda on the website?
Supervisor Grattidge – The problem that I tend to have is usually I tend to be still working on the agenda the day of the Board meeting. Yesterday I was working on the agenda on a Sunday, and today I was working back and forth on the phone with the Town Clerk to get things added to the agenda.
Councilman Lippiello – Maybe if it is even a tentative schedule, we could get it on the website. If additional information comes in on Monday afternoon, we could just add it to the Agenda.
Supervisor Grattidge asked if anyone else wanted to speak. No response was made.
A motion was made by Councilman Verola and seconded by Councilman Lippiello to go into Executive session to discuss a personnel issue.
Vote: All ayes, Zero no’s. Carried.
The meeting adjourned at 8:45pm and the Board went into Executive Session.
Respectfully submitted,
Brenda Mills Town Clerk
|
||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||