The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, April 1, 2008 at the Town Hall on Charlton Road. Members present were Supervisor Patricia Southworth, Councilmen James Briaddy, Timothy Szczepaniak, Councilwomen Mary Beth Hynes and Kimberly Ireland. Also present were Town Attorney Murry Brower and Town Clerk Muriel Swatling.
Supervisor Southworth called the meeting to order at 7:30 pm., and the Pledge of Allegiance was recited.
A motion was made by James Briaddy and seconded by Timothy Szczepaniak that the minutes of the February special meetings and the March regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.
The Town Clerk read a letter from Kenneth and Marion Cole explaining the process and time frame by which they are planning to dispose of the junk vehicles that are located on their property.
Library Trustee Larry Rogers gave the Library report for the month of March. The projects using the grant money from Senator Farley are being completed. The Library is working on another five year plan. A survey is being circulated, and they are hoping for a good response. The Friends of the Library is starting to gain strength. They will probably be selling bricks as a fundraiser again.
Building Inspector Thomas Johnson, Highway/Water Superintendent Joseph Whalen, Dog Control Officer John Christopher; Deputy Dog Control Officer Thomas Shambo, Supervisor Patricia Southworth and Town Clerk Muriel Swatling submitted reports for the month of March, and they are on file in the Town Clerk’s office.
Supervisor Southworth submitted the financial report for the month of March.
A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the Supervisor’s report for March. Roll Call: Ayes – all; Noes – none. Carried.
Supervisor Southworth reported on the following items: The combined meeting with the Jenkins Park Advisory Board went very well. Clean Up Day sponsored by the Burnt Hills-Ballston Lake Business and Professional Assn. to clean up the roadsides will be held on May 3rd. The Justice Court received a grant of $14,000 to update the Court. There are new signs on Middleline Road warning of the limited sight distance by Courthouse Hill. Supervisor Southworth attended a Farm Bureau dinner. If you are interested in becoming a member of Farm Bureau, contact Jeremy Knight who is the head of the Farm Bureau. There will be a workshop meeting on the proposed Ballston Lake Overlay District on April 22 at 7:00 p.m. Supervisor Southworth attended a meeting with DOT and reported that the work on Rt. 67 is still in the early part of the process. It is expected to start in 2009. Supervisor Southworth is looking for direction from the Board; is Route 67 a mass transit route? Would it be feasible for CDTA to use Rt. 67 as a bus route? If so, would sidewalks need to be included or would pads for a bus stop be sufficient. Also, an insurance meeting was held. One of the items would be to provide extra care for retirees to cover the Medicare gap (there are approximately 17 retirees). The Highway Committee met to discuss the needs of the Highway Department and to plan for the future.
Arnold Palmer asked why are we asking for an opinion from the Comptroller’s Office as to whether we can spend money from the Parks and Recreation Fund in Jenkins Park. Councilwoman Ireland stated that this opinion is for planning purposes for the future. Mr. Palmer then asked why not let Jenkins Park Advisory Board budget the money. There was also talk about C. T. Male providing a plan for future development of the Park. Mr. Palmer asked why do we have to ask C. T. Male to provide ideas?
He then asked who is responsible for the retention ponds. Highway Superintendent Whalen replied that the maintenance for the retention ponds falls under the Highway budget. Mr. Palmer replied that that maintenance is a big expense. Why do I have to pay for he maintenance of the ponds. Why not form a special district for retention ponds?
Mr. Palmer asked why is the Town interested in lowering the speed limit on Middleline Road? The area near Courthouse Hill has a blind spot and one farmer’s driveway is partway up the hill and it can be a safety issue. Mr. Palmer stated the farmer could move his driveway. If the speed limit is reduced, the cars will still speed, and more tickets will be given out; therefore, more money will be collected.
David Stern spoke regarding the Kelly Park Playground. They have a crew of people to build the equipment. If there isn’t enough funding to complete the whole project, it can be done in phases.
Richard Voehringer stated that if Jenkins Park was going to be a Town Park he was not in favor. He reaffirmed the fact that donations can be made to the Park. The check would be made out to the Town of Ballston and deposited in the Jenkins Park account. Mr. Voehringer then asked if the Town still has two water contracts. It was replied, at this point, yes.
Councilwoman Hynes said that there is a problem with the funding for the Saratoga County Water System. Also, any litigation brought up regarding the Saratoga County Water System, has to be assured it will win.
Councilman Briaddy stated that the Town will always have a relationship with the Town of Glenville regarding the water since some areas are directly fed by the Town of Glenville.
The following items were presented for discussion and action.
The Burnt Hills-Ballston Lake School District has requested the use of four voting machines and the services of Voting Machine Custodian, Charles Hildreth for their Budget Vote.
08-35: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to approve the use of four (4) voting machines and the services of Voting Machine Custodian Charles Hildreth by the Burnt Hills-Ballston Lake School District for their Budget Vote on May 20, 2008. Voting Machine Custodian services are $75.00 per machine. Roll Call: Ayes – all; Noes – none. Carried.
08-36: A motion was made by James Briaddy and seconded by Mary Beth Hynes to authorize the Town’s participation in the annual Clean-up Day on May 3, 2008 to include the use of a Town truck and to provide plastic bags. Roll Call: Ayes – all; Noes – none. Carried.
The annual Flag Day Parade will be held on June 5, 2008.
08-37: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to approve the application for the Annual Flag Day Parade on Thursday, June 5, 2008 at 7:00 p.m. The Town will sponsor fireworks and one band for a total cost not to exceed $6,000.00. Roll Call: Ayes – all; Noes – none. Carried.
The Town has received its renewal contract with North East Fire Protection for sprinkler system maintenance.
08-38: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the contract with North East Fire Protection for sprinkler system maintenance at a cost of $240 annually for the Library and $275 annually for the Town Hall. Roll Call: Ayes – all; Noes – none. Carried.
08-39: A motion was made by Mary Beth Hynes and seconded by James Briaddy to approve the Multi-Town Agreement for shared Highway services. Roll Call: Ayes – all; Noes – none. Carried.
The Town is in the process of contracting to design a new website for the Town.
08-40: A motion was made by Timothy Szczepaniak and seconded by James Briaddy to approve the web designer company, Alternate Highways, to design the Town’s new website contingent upon contract agreement. Roll Call: Ayes – all; Noes – none. Carried.
Due to lack of space, the Board of Elections determined the need of a new location for Voting District No. 7. The new location recommended was the Ballston Town Hall.
08-41: A motion was made by James Briaddy and seconded by Mary Beth Hynes to authorize the change of location for Voting District #7 from Doubleday Woods at 91 Church Avenue to the Ballston Town Hall at 323 Charlton Road and to ask the Board of Elections to research a closer location to District #7. Roll Call: Councilman Briaddy – aye; Councilwoman Hynes – aye; Councilman Szczepaniak – no; Councilwoman Ireland – aye; Supervisor Southworth – aye. Carried.
The Town is monitoring the residence at 23 Nolan Road. The Building Inspector checked and as of today, the building has not been secured. No one lives there but the lawn has been mowed and the driveway was kept clear this winter.
The resident of 21 Nolan Road stated that there is an open well. The residence is not secured from the back. There are animals living in the house.
08-42: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to approve the following resolution declaring a public safety risk at the property at 23 Nolan Road, allowing the Town to proceed with the steps outlined in the Town Code. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, the Building Inspector of the Town of Ballston, New York (the "Town") has reported to the Town Board that he has determined that real property of Robert Van Allen, who is the owner of public record, which real property is located at 23 Nolan Road, Town of Ballston, New York, is designated by property transaction/tax map identification number Tax Map Section 248.20, Block 1, Lot 13, is not in compliance with Town Law Chapter 52, BUILDINGS, UNSAFE of the Code of the Town of Ballston and the New York State Property and Maintenance Code, 19 NYCRR 1226 as incorporated in the Town Code under Chapter 52, and that he has prepared written reports and pictures dated April 25, 2006, July 25, 2006, March 15, 2007 and March 19, 2008 and has presented evidence of the unsafe condition of the structure located at 23 Nolan Road as described in Town Code Section 52-1.
WHEREAS, the Building Inspector has represented to the Board that he has attempted communication with the owner over the past two years to discuss the condition of the property without the conditions on the property having been ameliorated, and
WHEREAS, the former Town Attorney, Carlton Pott, wrote a letter dated March 21, 2007 to Robert Van Allen and received no response, and
WHEREAS, Patricia Southworth, Town Supervisor, has left telephone messages at the number listed for the record owner of the property identified above as 23 Nolan Road and has not received a response, and
WHEREAS, it is the determination of the Town of Ballston that the property is not safe as described in the reports of the Building Inspector, Thomas Johnson, it is hereby,
RESOLVED, that the Town board finds the property to be unsafe and dangerous under Section 52-2 of the Code of the Town of Ballston and hereby authorizes and instructs the Town Code Enforcement Officer to serve upon Robert Van Allen, in accordance with local law Section 52-3 notice as described in Section 52-3 and Section 52-4 informing Mr. Van Allen to begin repairs within thirty days and that said repairs be completed within 60 days of said notice having been given and it is hereby,
FURTHER RESOLVED, that if the repairs are not completed within the time set forth in the Code of the Town of Ballston at Section 52-3, the Board authorizes the Code Enforcement and/or the Building Inspector to pursue the remedies described in Section 52-3, to retain engineers for the proper prosecution of said local law and to obtain: an order and/or judgment compelling compliance with the said Property Maintenance Ordinance and/or permitting the Town to bring said real property into compliance, charging the cost to the owner(s), and making any unpaid costs a lien against the property as provided by said Property Maintenance Ordinance; and to costs, expenses and attorneys fees incurred in the action and making the same a lien against the property as provided by said Property Maintenance Ordinance; any other fine, penalty or relief provided by Section 52-8 of the Code of the Town of Ballston and the laws of the State of New York, in the event the illegal conditions set forth in the annexed Notice are not repaired.
08-43: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to approve a contract with Executive Office Systems for Accounting Software Subscription Service at a cost of $2,615.00. Roll Call: Ayes – all; Noes – none. Carried.
08-44: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the following resolution in support of Home Rule concerning the position of tax collector. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, the Town of Ballston has retained the services of an elected Tax Collector since the early days of Ballston existence; and
WHEREAS, the Ballston Tax Collectors have safely and successfully handled the collection of millions of dollars for the Town of Ballston; and
WHEREAS, the residents of the Town of Ballston have appreciated the convenient location and accessibility of the Tax Collector to pay their taxes in person; and
WHEREAS, the Tax Collectors of the Town of Ballston have always provided caring, honest and reliable service to their constituents; and
WHEREAS, since 1894 provisions have been in place to protect Home Rule in New York State and the services provided by the Towns within New York State; and that these provisions are only amendable by Local Referendum; and
WHEREAS, the Governor’s 2009 Budget seeks to remove those powers from the voters without voter input; now therefore, be it
RESOLVED, that the Town Board of the Town of Ballston is opposed to any amendment that would consolidate the position of Tax Collector with the County Government, that would create bigger government while providing a lack of personal service, and be less convenient and more costly to the taxpayers of the Town of Ballston.
The Friends and Neighbors of Ballston Spa has requested a donation to help fund materials to be used in the construction of a community-built public playground in Kelley Park in the Village of Ballston Spa. The use is not limited to the Village of Ballston Spa so there will be residents of the Town of Ballston making use of the playground equipment also.
08-45: A motion was made by Mary Beth Hynes and seconded by James Briaddy to approve a donation of $500.00 to the Friends and Neighbors of Ballston Spa for the Kelley Park playground. Roll Call: Ayes – all; Noes – none. Carried.
The Town has received two letters requesting a speed limit reduction on Middleline Road. These requests come because of a safety issue caused by a "blind" hill between Brookline Road and Mann Road.
08-46: A motion was made by James Briaddy and seconded by Mary Beth Hynes to forward a speed reduction request for Middleline Road to the Saratoga County Department of Public Works. Roll Call: Ayes – all; Noes – none. Carried.
The Town Highway Department went out to bid for asphalt paving type 3 and type 6. There were seven bids received. The low bidder was Towne Paving.
08-47: A motion was made by Mary Beth Hynes and seconded by James Briaddy to accept the low bid for the asphalt paving type 4 and type 6 submitted by Towne Paving. Roll Call: Ayes – all; Noes – none. Carried.
08-48: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the following resolution honoring William Boice on his 50th anniversary of firefighter service with the Burnt Hills Fire Department. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, William J. Boice was born and raised on a dairy farm on Goode Street in the Town of Ballston, the son of Hazel and Albert Boice, and
WHEREAS, William J. Boice attended his school years in Burnt Hills and participated in school programs and especially enjoyed school basketball, and
WHEREAS, After graduating from Burnt Hills-Ballston Lake High School, Mr. Boice was employed as a skilled union carpenter and retired from Northeastern Interiors after many years service, and
WHEREAS, In 1958, William J. Boice joined the Burnt Hills Fire Department. During his 50 year tenure, Mr. Boice served with distinction as a Lieutenant, Captain, Assistant Chief (1972-1974) and Chief (1975 – 1981). William J. Boice is a dedicated firefighter and is trained in Initial Fire Attack, Aircraft Rescue and Firefighting, Cause and Origin, and Fire Police.
WHEREAS, William J. Boice lent his time and talents as a volunteer on the Jenkins Park Advisory Board. From the early days of the Park District, Mr. Boice played an active role in the development of the Park’s Master Plan and was a major contributor in working on the park’s extension. Mr. Boice is still a champion of the park and is eager to share his knowledge of the park’s history and development, and
WHEREAS, William J. Boice and his lovely wife Ellen recently celebrated their 50th Wedding Anniversary and have been lifelong residents of Burnt Hills.
WHEREAS, William J. Boice and his wife Ellen are the loving parents of four children: Mary Beth Relyea, Karen Lee Wilson, Brenda Zadrozny and William J. Boice Jr., and
WHEREAS, Mr. Boice and his wife Ellen are the proud grandparents of seven wonderful grandchildren Melissa and Shelby Zadrozny, Justin and Eric Wilson, Ryan Fitzgerald, and Rachell and Kara Relyea; now, therefore, be it
RESOLVED, THAT THE Town of Ballston wishes to extend its sincere congratulations on William J. Boice’s 50th Anniversary as a Firefighter with the Burnt Hills Fire Department. The Town also wishes to express its heartfelt appreciation for Mr. Boice’s dedicated service and positive influence in the Ballston community.
There is an opening for an alternate member on the Zoning Board of Appeals. The name of Jan Van De Carr was presented to fill that vacancy.
08-49: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to appoint Jan D. Van De Carr as the first alternate to the Zoning Board of Appeals for a term commencing April 2, 2008. Roll Call: Councilman Briaddy – aye; Councilwoman Hynes – no; Councilman Szczepaniak – aye; Councilwoman Ireland – aye; Supervisor Southworth – aye. Carried.
08-50: A motion was made by James Briaddy and seconded by Kimberly Ireland to reappoint Arlene Ida to the Jenkins Park Advisory Board for a term commencing April 2, 2008 and ending December 31, 2012. Roll Call: Ayes – all; Noes – none. Carried.
It was announced that the Town of Ballston has received a Certificate of Appreciation from the Community Ambulance Corps in Ballston Spa.
Arnold Palmer said the Town is interested in Stormwater Management, why is the corner of the Town Hall property flooding. It was replied that there are drywells installed to collect the extra water. When we have as much water as we had at the end of the winter, it takes awhile for that water to be taken into the ground.
A motion to adjourn the meeting was made by James Briaddy and seconded by Timothy Szczepaniak. Carried.
Respectfully submitted,
Muriel K. Swatling
Town Clerk