April 7, 2009

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Pledge: Town Clerk: Patricia Steele

Welcome everyone to our April Town Board meeting

Supervisor Simmes stated that basically there is one major change to Ordinance #39 as follows: "3) New Service- For all applications where mains lie within a public highway or right of way or where the Town has an easement the Town shall tap the main and install the following equipment, corporation stop, stop and waste and curb box at the applicant/user’s expense to be billed by the municipality at the actual cost for time and materials. This charge will apply to all standard connections up to 1" in size. Any larger installation may involve additional costs to the applicant/user. All copper in excess of 60’ will be billed to the applicant."

Supervisor Simmes explained that previously there was only a $300 charge, which did not cover all of the cost involved. This change will now put the cost onto the applicant, which will cover the cost and expense of doing so. She stated that they also have changed the word "property owner" to applicant/user" throughout. They also have changed "8) Leakage of Consumer’s Service Pipe- The Town reserves the right to shut off the supply of water to the property if the applicant/ user does not promptly act to repair any leak."

There were no comments from the public in attendance.

Councilman Saris stated that this would be a worthwhile change. Councilmember Rehm stated that Town employees will keep track of the hours they spend and then would be reimbursed directly.

Supervisor Simmes stated that they would leave the public hearing open for now.

Dawn Kepler stated that she is the Director of the Stream Assessment Project. She stated that she goes into the field to collect data from June to September to monitor streams throughout the watershed from Finkle Brook to Sucker Brook in Putnam. She stated that in Bolton they monitor about 23 different sample sites; some streams have multiple sites, including Finkle and Indian Brook. The data she collects is a variety of chemical, physical and biological data. The chemical data is mostly dissolved oxygen and ph levels, which are both very important as a component of habitat and also for the aquatic organisms within the streams. She also looks at specific conductants which is a general measurement of in-stream pollution. Some of the physical parameters measured include stream flow, the amount of suspended sediment within the stream, canopy cover and stream bank stability, which are all important to the overall dynamic processes within a stream. The biological data mainly focuses on the collection of macro-invertebrate samples, which live in the stream attached to the rocks. They are extremely important as water quality indicators. They vary considerably in their tolerance to pollution and they are constantly exposed to in-stream conditions so they are really representative of the conditions.

Dawn Kepler stated that the DEC has established a bio-monitoring protocol in addition to their programs. DEC does sample streams throughout the state but only manages to make it up to the Lake George Watershed here and there. She stated that the Waterkeeper has implemented the DEC protocol into their project so that the data they are collecting is accurate and representative of in-stream conditions. Together with the DEC they have determined of the 52 sample sites that they looked at that 31 were impacted to a certain degree either physically, chemically or biologically. She stated that they have issued somewhat of a report card for each of the sample sites, which is included in the project document provided. Green circles indicate minimal impact; yellow circles indicate slight impact and red circles indicating moderate impact. She stated that 8 of the sites stood out more than the others, including Finkle Brook, the Mohican Road tributary and Stewart Brook.

Dawn Kepler stated that they are hoping to increase their sample sites throughout the watershed this year by 20% and they will continue to add water quality parameters. She requested that if anyone knows of any additional sites or streams that could be added to their efforts should contact her at the office.

Sewer Department- Took in 4,917,870 gallons of wastewater for an average of 150,641 gallons/day. There were no violations. They did have some breaks. The master meter is down and they had to send them to Texas to be repaired. The air lift in the south sand filter broke, a new one has been ordered. Both the north and south pump stations were cleaned in preparation for the summer. They cleaned sludge out of both sides of the clarifier and cleaned the grit chamber. They have also started their bed maintenance.

Seniors Center- Councilmember Rehm stated that she was pleased that a local citizen, Tom Mihalics, has been named Citizen of the Year, due mostly in part from being nominated by the group. She is pleased that Supervisor Simmes will be attending his recognition ceremony.

Recreation- She stated that in late March sign-up for camp began. They are not quite at full enrollment, the fee was raised but they are not sure that this was any issue and feel that is a timing thing. The Recreation Center is very popular and they are still seeing high attendance but feel that the numbers will be dropping with the upcoming baseball/softball seasons approaching.

Rescue Squad- They are moving ahead with their plans with the Fire Company to separate and become independent entities and should have more information coming in May. They have contacted Keena Staffing with regard to paid staff for the summer months. They may be seeking some assistance with paying for this addition to their budget. They will be evaluating the situation again in the fall to see if it is something that worked well.

Councilmember Rehm stated that she and Mitzi Nittmann attended Local Government Day, which is a joint project by the Department of Environmental Conservation, Adirondack Park Agency and Adirondack Association for the Towns and Villages. She stated that much of the discussion was on the Federal Stimulus money and the rules that go along with it. She stated that on the agenda tonight the Town Board does expect to make an application for a substantial amount of money for upgrades to the wastewater treatment system. She stated that they are hopeful that if successful that not only will it improve what they do but will reduce their operating cost so that they don’t have to go to the customers and charge more. She stated that they would also be looking to add some solar units to reduce the energy consumption as well as a variety of other things, which they hope will make them eligible for the funding. She stated that it is a very innovative idea and they could be considered a pilot project for the North Country.

Councilmember Rehm stated that another major topic of discussion was energy and how it is being used. She stated that there are energy audits that can be done for almost no money through the New York State Energy, Research and Development Authority. If you are in a certain income class, much of the improvements made to one’s home could be reimbursed by NYSERDA. She stated that these audits are available for both residential and municipal buildings and she hopes that the Town could participate.

Councilmember Rehm stated that there is some stimulus money for broadband and bringing technology to the rural areas. She stated that Warren County is now a partner with Washington and Hamilton Counties and they are looking to do a study to see how they can expand broadband in our area.

Councilmember Rehm stated that she came across an article about a small Town in Kentucky with less than 4,000 people but less than 2,000 internet users that came up with a way to provide Wi-Fi to their downtown for less than $8,000.

Lastly, Councilmember Rehm stated as an interesting note that Mitzi Nittmann has informed her that if there is a zoning infraction or potential zoning infraction in the community and the Town does not pursue that infraction, a citizen can bring an action independently.

Assessor- During March the office was busy evaluating properties that were inspected in January and February. Dave Rosebrook pressed the appraisers responsible at DEC for the allocation factor needed to be added to the assessment roll, in order that the State will share the taxes for Norowal Marina. To date he is still waiting for the Commissioner to sign that order and then he can file the paperwork, which will allow for a 2 year reimbursement to follow. There is still an opening on the Board of Assessment Review. The County will be giving the Review Board Course on April 21^st. The course is mandatory for anyone that serves as a member.

The State needs a resolution of support from the Town Boards of Bolton and Lake George to move ahead with the re-evaluation project for the 2010 assessment roll. It is Dave Rosebrook’s opinion that in order to best maintain the assessment equity in Bolton and Lake George that they should move forward with this and do an in house re-evaluation project. For this each Town will need to prepare a resolution supporting such a move by their assessor and requesting whatever assistance is deemed necessary by the State official or Office of Real Property Services and Warren County Real Property Services to accomplish the same and be provided in a timely fashion.

Supervisor Simmes indicated that since Dave Rosebrook’s report they do have someone on the agenda to appoint to the Board of Assessment Review Board. With regard to the re-evaluation, she stated that she believes that they have until February to make that decision. Councilmember Rehm replied that they would only have until July to provide the resolution of support to get the ball rolling but they would have until February to make it official.

Police- Patrolled 2,921 miles and used 231.3 gallons of fuel. All members of the Police Department completed training for "Violence In the Workplace" in the Bolton Town Hall and "Hazardous Materials" and "Blood Bourne Pathogens" at the Warren County Municipal Center. A detailed list of all the calls answered is available for review.

Justice- Hon. Harry Demarest took in $7,060 and Hon. Ed Stewart took in $5,145. Total monies forwarded to the Town of Bolton - $12,205 Itemized lists are located in the Court.

Water Department- 4,671,970 gallons of water filtered. The pond level is over the spillway. John is still out from his back surgery but he is home and the surgery went well. The bacterial samples came back satisfactory. Water meters are scheduled to be read the week of April 20^th.

Transfer Station- Total receipts- $4,160. They have made several attempts to burn the brush pile. They did follow up on Councilmember Rehm suggestions about East Side for the metal and Green Fiber for the paper. If approved East Side would come in and clean up the metal that is currently there, then they would provide two containers for collection. David Bradway is still going to be picking up some metals because East Side doesn’t take everything. Lisa has also been in touch with someone at Call to Recycle about recycling batteries who are going to provide containers for the rechargeable batteries, cell phones and Bolton will be put on their website as one of their customers. The individuals at Green Fiber have smaller containers to take newspapers, cardboard, hard and soft covered books, etc. Lisa is concerned with the cardboard which accumulates the most especially over the summer. Green Fiber only has one 30-yard container, which is at a school right now, but they would bring it to them if they decide to move in this direction. Councilmember Rehm asked if Green Fiber could haul one of the County containers. Councilman MacEwan stated that he would raise that question.

Supervisor Simmes stated that she has communicated with E-lot who used to be able to, on a Countywide basis, set up a collection for computers and monitors. She wrote to him in the fall, which would have been a great time to do it, but now with the economy it is not. He has informed her that now it would take more money to process and recycle these items than they are worth. Unfortunately if they were to do this event they would have to charge 15 cents/pound for everything taken in and would not include transport, which, if necessary, would be an additional $175/truckload. She suggested that they wait on this for now until the market comes back.

Receipts: $131,258.69 Disbursements: $417,726.13

Councilman Saris moved, seconded by Councilman MacEwan to close the public hearing for amendments to Ordinance #39 Rules & Regulations of the Water Department. All in Favor. Motion Carried.

Councilmember Rehm moved, seconded by Councilman Maranville to adopt the amendments to Ordinance #39 Rules & Regulations of the Water Department. All in Favor. Motion Carried.

Councilman Saris moved, seconded by Councilman Rehm to appoint the committee who would be reviewing applications and making recommendations for UDAG funding. J. Buckley Bryan, Ronald Conover, Susan Wilson, Craig Hannon and Ike Wolgin. Councilmen MacEwan and Maranville abstained. All others in Favor. Motion Carried.

Councilman Saris recommended that they look into adding some alternates to this committee in the event of absence or recusal. Supervisor Simmes agreed.

Resolution to amend the inter-municipal agreement regarding voting machine delivery and storage. This is amendment to the agreement since we still have our old machines.

Councilmember Rehm moved, seconded by Councilman Saris to authorize an amendment to the agreement between the Warren County Board of Elections and the Town of Bolton. This is an amendment to original agreement dated February 7, 2006. All in Favor. Motion Carried.

Councilmember Rehm asked what type of shingles they got the last time because the Town Hall building isn’t even 20 years old. She asked Counsel if they had any recourse on the life span or lack there of for the current shingles or in the future for the new roof. Counsel replied no they do not have any recourse. He explained that 50 year shingles are what are recommended and they are designed to last 25-30 years.

Councilman Maranville moved, seconded by Councilman MacEwan to go out to bid for replacement of shingles on the Town Hall roof. We will accept bids until 4:00 p.m. on May 4^th and open them at our May 5^th TB meeting. All in Favor. Motion Carried.

Resolution to accept Eastside Used Auto Parts Inc. proposal for $70 per gross ton for metals. They will provide the containers and trucking to remove the metals. They will also pay $10 per ton for tin cans and $3 for car batteries. If the market is paying higher we will receive a higher fee. Approve for a time frame. They have provided references.

Councilman MacEwan moved, seconded by Councilman Maranville to accept Eastside Used Auto Parts Inc. proposal for $70 per gross ton for metals. They will provide the containers and trucking to remove the metals. They will also pay $10 per ton for tin cans and $3 for car batteries. If the market is paying higher we will receive a higher fee. This contract may be terminated at will. All in Favor. Motion Carried.

Councilmember Rehm stated that she would try to audit the Supervisor’s books before the end of the month.

Councilmember Rehm moved, seconded by Councilman MacEwan to accept Supervisor Simmes report that she has audited the Town Clerk and Justice Court books for 2008 and finds them in order. All in Favor. Motion Carried

Appoint Bruce Mowery to the Board of Assessment Review to serve until 9/30/2011. He needs to attend training on April 21^st.

Councilman Saris moved, seconded by Councilman Maranville to appoint Bruce Mowery to the Board of Assessment Review to serve until 9/30/2011. All in Favor. Motion Carried.

Resolution to apply through EFC for grant funding for an innovative green infrastructure sewer plant and authorize Supervisor Simmes to sign the application. This is a project that can be 90% or more funded. The new design will produce less sludge and cleaner water as well as save on electricity.

Councilman Maranville moved, seconded by Councilman MacEwan to authorize Delaware Engineering to apply for grant funding under the Environmental Facilities Corporation for the Bolton Wastewater Treatment facility, and to authorize the Supervisor to sign the grant application. This application is part of the American Recovery And Reinvestment Act and will be under a new program called "Green Innovation Grant Program". All Favorable. Motion Carried.

Discuss Veterans Park dock. Supervisor Simmes and Carl Schoder looked at the dock this morning. He believes he needs to consult with someone more versed in the lake as far as water movement before making a decision on the best course of action for replacement. He suggested talking to Chris Gabriels for repairs for the present time.

Supervisor Simmes stated that the ice pushed a lot of sand to the beginning of the dock which has pushed it up plus we still have the damage going out to the dock. She stated that Carl is concerned because there is so much sand and has made the area near Hondah Cottages very shallow now. She stated that they need to come up with a plan to resolve all of the issues with the dock including the sand. Chris Gabriels stated that if they build the dock as a crib dock as recommended by DEC they will continue to create this problem. He stated that this would not be jurisdictional to the LGPC, DEC will allow them to modify those recommendations to prevent this from happening. He stated that DEC has just allowed the Sagamore to do the same type of thing for the exact same reasons. He stated that no agency wants that sand to come down the streams into the lake and once it is in the lake to be moving around. Supervisor Simmes stated that she is concerned that unless they do a dredging project on Finkle Brook that sand is going to be continuing to be a problem. Chris Gabriels stated that they would have to have a physical barrier for that sand and the dock will act as that barrier. Which it is to some degree, but given the age of the dock, it is becoming more difficult to do. Supervisor Simmes asked if he could go look at the docks to see about making some repairs to it. Chris Gabriels asked her if the repairs would include just flattening it or to better mitigate the sand movement. Supervisor Simmes recommended that he talk with Carl Schoder. Councilmember Rehm stated that if there is a plan to replace these docks in the fall, which would limit what they would be spending now, he needs to look at it both ways. Chris Gabriels stated a short-term solution is to knock the dock down flat, which would be minimal cost. The financial aspect of trying to contain the sand with the dock in its present condition and/or whatever other repairs you might think about, he would hold off on until they reconstructed the dock.

Chris Gabriels stated that even though they are looking to contain the sand, they also have to look at this from a safety aspect that these docks will be keeping people and boats separate. He stated that there is a real temptation for children to figure out how to get under the open space under the dock piers and they are popping up where the boats are pulling in. Although he understands the DEC’s reasoning for better water flow he feels that it does not take this important safety aspect into consideration. He also feels that DEC will see the safety as a reason for granting an exception to the regulations.

Zandy Gabriels stated that when they dredged the last time he had them dredge on the north and south side of that dock. He stated that he was unsure of the time frame but feels that the whole area may be due for a dredging.

George Mumblow requested to be paid for his 2 weeks vacation that he did not take.

Councilman MacEwan moved, seconded by Councilman Saris to approve payment to George Mumblow for his unused two weeks vacation. Supervisor Simmes and Councilmember Rehm opposed. All Others in Favor. Motion Carried.

John Gaddy asked for some clarification regarding the new complaint process for the Zoning Office. He stated that he called up about an issue with some signs in Town and he was hoping to contact the owner to discuss possibly changing or removing the sign because they are supposed to have site plan review for larger signs. He stated that he was told that he had to go down and write out a complaint, which he didn’t have a problem with. He asked if the Zoning Administrator acts on her own like a cop on the beat or acts solely on complaints. Supervisor Simmes stated that some of the signs that he is referring to have been taken down and they are working on the others. Counsel replied that the complaint form should not be required especially for obvious issues. He stated that he expects the Zoning Administrator or Zoning Enforcement Officer to act as a cop on the beat for these types of situations. He explained that the complaint process was set up more for neighbors that may have concerns with certain things that are occurring on an adjacent property that is not necessarily visible.

John Gaddy complimented the Town on its containerization of the metals especially because they have some drainage issues up at the Transfer Station.

John Gaddy stated that there has been some discussion at school about a Countywide collection of hazardous waste. He stated that he is not sure if they have ever had one up here in northern Warren County, but he has seen it in Queensbury. It is very expensive, but he is concerned that most people don’t know what to do with it and he is afraid of what they might do with it. He asked if it has been proposed at the County level for this type of collection. Sue Wilson stated that there was a collection about 8-9 years ago and it has been talked about since then, but the cost is extremely prohibitive.

Neal Van Dorsten asked if the Town has aesthetic design criteria for signs. Councilman Saris replied that if a sign is larger than 2’ x 2’ they would need to go before the PB for Site Plan Review. Neal Van Dorsten stated that it is very important that it remain that way because the Town has a nice ambience about it and the more criteria that they have the better off they would be to retain Bolton’s charm.

Zandy Gabriels asked if the draft of the employee handbook would be available on the Town website. Supervisor Simmes stated that she didn’t see why not.

Zandy Gabriels congratulated the Town Board for the appointments to the UDAG Funding Committee. He feels that they are 5 good people. He asked if the TB would be proposing any standards, limitations or conditions. He also asked if the committee would be responsible for the entire $4 million or will the Town be reserving some. Supervisor Simmes stated that the Town would be reserving some money and as for any conditions, she stated that Counsel will be meeting with the group to set up their guidelines and application system. Zandy Gabriels asked if the TB would have the final approval of applications. Counsel replied yes, but the application will not be heard if the committee rejects it during the process. Any applications that are recommended by the committee will come to the TB for final approval. Supervisor Simmes stated that the committee has requested to meet during the day. Counsel stated that would not be a problem. Zandy Gabriels asked if these meetings would be open to the public. Counsel replied no because personal and financial information will be shared at these meetings and that should not be public record.

Supervisor Simmes stated that Buck Bryan had asked her if the UDAG committee could have a secretary that would take minutes. Counsel stated that they could do that but it would not be necessary because it is Executive Session. He stated that they could also just tape all of it instead of having a recording secretary. However, he would recommend that the less formality in the process and less documentation in their process would allow them to keep everything private.

Councilman Saris moved, seconded by Councilman Maranville to approve payment of the following bills:

General – $79,091.20

Highway- 199,620.70

Lighting- 4,346.64

Sewer- 2,679.48

Water- 3,281.04

Tourism- 4,981.35

Zoning Ordinance- 360.40

Rogers Park- 22,845.00

Councilmember Rehm abstained. All Others in Favor. Motion Carried.

Councilmember Rehm moved, seconded by Councilman MacEwan to approve the following transfers:

All in Favor. Motion Carried.

Councilmember Rehm congratulated Kristen MacEwan on her new position at the Warren County Real Property Office.

With regard to Ordinance #38 for the beach, Councilmember Rehm stated that they will need to amend that before the summer to change the smoking policy on the beach. She didn’t think it would require a public hearing because it says they can amend these ordinances from time to time by Board resolution. Counsel agreed.

Councilmember Rehm stated that she would also like the Board to consider approving an award for the Lake George Association for their floating classroom boat.

Councilman Saris moved, seconded by Councilman Maranville to enter into Executive Session at 8:23pm with no further business to be conducted. All in Favor. Motion Carried.

Councilman moved, seconded by Councilman to adjourn the meeting at 8:59 pm. All in Favor. Motion Carried.

Respectfully submitted by: Respectfully submitted by:

Patricia Steele Kristen MacEwan

Town Clerk Recording Secretary