The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, April 3, 2007 at the Town Hall on Charlton Road. Members present were Supervisor Raymond Callanan, Councilmen James Briaddy, Harold Townley, Robert Boice, and Councilwoman Mary Beth Hynes. Also present were Town Attorney Carlton Pott and Town Clerk Muriel Swatling.
Supervisor Callanan called the meeting to order at 7:30 p.m. and the Pledge of Allegiance was recited.
A motion was made by James Briaddy and seconded by Mary Beth Hynes that the minutes of the February special meeting, public hearings, and March regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.
Highway/Water Superintendent Joseph Whalen, Building Inspector Thomas Johnson, Dog Control Officer John Christopher, Deputy Dog Control Officer Thomas Shambo, Supervisor Raymond Callanan, and Town Clerk Muriel Swatling submitted reports for the month of March, and they are on file in the Town Clerk’s office.
Library Trustee Sonja Olson reported that the Computer Support position at the Library has been filled. She also reported that approximately thirty people attended a gardening workshop. Almost $900.00 was realized from the recent Book Sale. The Library Board also wishes to thank Fred Marx for helping sort and ready the books stored in the Town Hall for the Book Sale. His many hours of work were very much appreciated.
Supervisor Callanan presented his financial report for the month of March. Mr. Callanan also reported that the Town Board will be interviewing candidates for the position of Deputy Town Attorney on April 9, 2007 at 7:00 p.m., and there will be a workshop on the Ballston Lake Overlay District on April 16, 2007 at 7:00 p.m.
A motion was made by James Briaddy and seconded by Harold Townley that the Supervisor’s report for the month of March be approved. Roll Call: Ayes – all; Noes – none. Carried.
Privilege of the Floor:
Vincent Vallone stated that he had some questions regarding some of the items on tonight’s agenda.
Mr. Vallone asked why we were replacing a Town truck. Didn’t we just sell one to a neighboring municipality? Supervisor Callanan replied that we are replacing the truck because it is at the point where it is tired. Yes, we sold one of the Town trucks to the Village of Ballston Spa. Mr. Vallone asked why the Town can’t continue to use the truck but the Village can. Supervisor Callanan said that the Village wished to purchase the truck, and they can use it for whatever purpose suits their needs.
Mr. Vallone then asked that someone explain the reasoning behind the renewal of the Cole Junk Yard license. He also asked if another person could purchase the land and continue the business. Supervisor Callanan answered that Mr. Cole is trying to bring his junk yard into compliance; have the crusher come in and get rid of the cars; and then go out of the junk yard business. The Junk Yard License is issued on a yearly basis. The Town is working with Mr. Cole to make that process work.
The issue of whether someone else could purchase the property and continue the business would be dealt with if someone came to the Town and made that request.
Mr. Vallone also asked about a septic system located near his property that is leaching. He came to the Town and was told that he would have to go to the N.Y. S. Department of Health. He went to the Dept. of Health, but the problem still exists. What does he have to do now? Mr. Vallone verbally complained to the Town. Supervisor Callanan advised Mr. Vallone to put the complaint in writing, and then it would be considered.
Arnold Palmer stated that the truck that the Town is purchasing from Morris Ford for $2,000 less than the State Contract is a Ford. Was the truck offered on State Contract the same truck that is being purchased from Morris Ford? Supervisor Callanan replied that it is the same truck, and Morris Ford beat the State Contract price by $2,000.
Mr. Palmer also asked if the Town was going to rent a helicopter to get the cars out of Mr. Cole’s junk yard. The land is wet and muddy. Supervisor Callanan replied that hopefully we will have some hot weather so the mud will dry up.
Scott Miller asked about extending the Veteran’s Bike Trail. Supervisor Callanan answered that National Grid has a new program in place regarding the right-of-way. Mr. Callanan stated that the Town will have to provide an engineered plan to extend the Bike Path to National Grid before they will consider it.
The following items were presented for discussion and action.
Zoning Board member Donald Brown died suddenly, and the Town presented a resolution honoring Mr. Brown.
07-42: A motion was made by Harold Townley and seconded by James Briaddy to approve the following resolution honoring Donald Brown. Roll Call: Ayes – all; Noes – none. Carried.
RESOLUTION: 07-42
HONORING THE MEMORY OF DONALD R. BROWN
WHEREAS, DONALD R. BROWN died on March 14, 2007; and
WHEREAS, DON was a resident of the Town of Ballston; and
WHEREAS, DON served as a member of the Town of Ballston Zoning Board of Appeals
for twenty-three years; and
WHEREAS, DON served for many years with the Ballston Lake Fire Department; and
WHEREAS, DON volunteered and participated in all aspects of his family’s life including school, scouting and sports and loved and supported them; now, therefore, be it
RESOLVED, that this Board, on behalf of the residents of the Town of Ballston, expresses its appreciation for DON’S contribution to his family and Community; and be it
RESOLVED, that the Town of Ballston expresses its sense of loss and its sincere sympathies upon the death of DONALD R. BROWN to his wife Ellen and to his beloved family; and be it further
RESOLVED, that the Clerk of the Board forward a certified copy of this Resolution to the family of DONALD R. BROWN.
The Town Board has decided to create a second alternate position for both the Planning Board and the Zoning Board of Appeals. A public hearing has to be held on this proposed change.
07-43: A motion was made by James Briaddy and seconded by Mary Beth Hynes to set a public hearing for the creation of second alternate positions for the Planning Board and the Zoning Board of Appeals for April 24, 2007 at 7:15 p.m. Roll Call: Ayes – all; Noes – none. Carried.
After the adoption of the Comprehensive Plan, one of the next steps is to formulate a GEIS and future growth analysis for the Town of Ballston. The first step is to authorize Request for Proposals for this project.
07-44: A motion was made by Harold Townley and seconded by Mary Beth Hynes to authorize the Request for Proposals for a GEIS and future growth analysis for the Town of Ballston. Roll Call: Ayes – all; Noes – none. Carried.
The Flag Day Parade has been set for June 7, 2007.
07-45: A motion was made by Harold Townley and seconded by Robert Boice to authorize the Flag Day Parade and Town expenditures for the Parade at a cost not to exceed $6,500.00. Roll Call: Ayes – all; Noes – none. Carried.
The Highway Department needs to replace one of their dump trucks. The truck will be purchased from Morris Ford since they beat the State Contract price by $2,000.
07-46: A motion was made by James Briaddy and seconded by Harold Townley to authorize the Highway Department purchase of one single axle Ford dump truck to replace a 1996 F700 truck at a cost of $50,793.40. Roll Call: Ayes – all; Noes – none. Carried.
The Town Board has proposed a local law to change the zoning of properties in the area of Larkin Drive and Midline Road. The Town submitted the request to Saratoga County Planning Board and it came back approved. The Town Board decided in the meantime that the PUD process was already in place to handle any projects that needed a change in zoning, so they felt that was the route to take.
07-47: A motion was made by James Briaddy and seconded by Harold Townley to disapprove proposed Local Law No. 1 of the year 2007 concerning the rezoning of properties on Larkin Drive and Midline Road. Roll Call: Ayes – all; Noes – none. Carried.
The Collateral Source Bill has been reintroduced. When sued by their employees in personal injury actions, the bill would provide public employers with the same protections already granted to private employers and everyone else by having jury awards against them for lost future earnings offset by any accident disability pension or other source of compensation that the public employee will receive to replace those very same lost earnings. The State Assembly Bill number is A.2939 and the State Senate Bill number is S.1544.
07-48: A motion was made by James Briaddy and seconded by Mary Beth Hynes to support Collateral Source Bill A.2939/S.1544. Roll Call: Ayes – all; Noes – none. Carried.
The Town of Ballston will be handling grant money for a multi-model funding project for SSP Corporate Technology Park. The Town needs to bond that money and repay it when the grant money is received. As of this date, the Town has not received the paperwork.
07-49: A motion was made by Mary Beth Hynes and seconded by Harold Townley to table the resolution regarding the bonding of the money for the multi-model funding for SSP Corporate Technology Park. Roll Call: Ayes – all; Noes – none. Carried.
Homer Cole has applied for a junk yard license renewal for 2007. Mr. Cole would like to have the car crusher come and get rid of the cars in anticipation of closing the junk yard business. The Town wishes to put a time frame on this process. It was agreed to give Mr. Cole until December 1, 2007 to accomplish this.
07-50: A motion was made by James Briaddy and seconded by Robert Boice to approve the renewal of Home Cole’s Junk Yard License for an eight month period ending November 30, 2007, with the stipulation that all steps be taken to terminate the operation. Roll Call: Ayes – all; Noes – none. Carried.
The Saratoga County Planning Board has presented a proposal requiring training of Zoning Board of Appeals and Planning Board members and keeping track of that training.
07-51: A motion was made by Harold Townley and seconded by Mary Beth Hynes to approve the Saratoga County Planning Board proposal requiring training of Zoning Board of Appeals and Planning Board members and keeping track of such training. Roll Call: Ayes – all; Noes – none. Carried.
Highway Superintendent Joseph Whalen asked permission to attend the annual Highway School in Ithaca, New York from June 4 through June 7, 2007.
07-52: A motion was made by James Briaddy and seconded by Harold Townley to authorize Highway Superintendent Joseph Whalen to attend the annual Highway School in Ithaca, New York from June 4 through June 7, 2007. Roll Call: Ayes – all; Noes – none. Carried.
The alternate position on the Planning Board is vacant at this time. The name of Lee
Ramsey was presented to fill this vacancy.
07-53: A motion was made by Harold Townley and seconded by James Briaddy to appoint Lee Ramsey to the Planning Board Alternate position. Roll Call: Ayes – all; Noes – none. Carried.
The Town Board has proposed a change to the Town Code so a public hearing has to be held.
07-54: A motion was made by James Briaddy and seconded by Harold Townley to set a public hearing for April 24, 2007 at 7:00 p.m. to add the requirement for Professional Engineering services in designing new and replacement septic systems. Roll Call: Ayes – all; Noes – none. Carried.
Due to the death of Donald Brown, there is a vacancy on the Zoning Board of Appeals.
07-55: A motion was made by Mary Beth Hynes and seconded by Harold Townley to appoint Zoning Board of Appeals Alternate member, Michael Groves, as a regular member of the Zoning Board of Appeals to fill the unexpired term of Donald Brown commencing April 4, 2007 and ending December 31, 2010. Roll Call: Ayes – all; Noes – none. Carried.
A motion was made by James Briaddy and seconded by Harold Townley to adjourn the meeting. Carried.
Respectfully submitted,
Muriel K. Swatling
Town Clerk