The regular meeting of the Town Board of the Town of Ballston was held Thursday evening, February 7, 2008 at the Town Hall on Charlton Road. Members present were Deputy Supervisor George Seymour, Councilmen James Briaddy, Timothy Szczepaniak, Councilwomen Mary Beth Hynes and Kimberly Ireland. Also present were acting Town Attorney Peter Reilly and Town Clerk Muriel Swatling. Absent was Supervisor Patti Southworth.

Deputy Seymour called the meeting to order at 7:30 p.m. Cub Scout Pack 83 Webelos Den 1 was present to lead the Pledge of Allegiance.

The Town Clerk presented the following corrections to the January minutes: Page 171, paragraph 12 – the last letter of Timothy Szczepaniak’s name should be changed from an l to a k and the paragraph after the Committee Appointments should have the following sentence added after sentence number 4: Supervisor Southworth appointed Mary Beth Hynes to the Open Space Committee.

A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the minutes as corrected. Roll Call: Ayes – all; Noes – none. Carried.

The Town Clerk read the following correspondence. The first letter was from Ben Baskin, President of the BACC Board of Directors, thanking the Town for their contribution of $2,500. to the playground campaign. The installation of the playground is being planned for May 10, 2008 and they are now in the process of recruiting and organizing about 40 volunteers for this community-build project. The grand opening celebration is tentatively scheduled for 4:00 p.m. on Friday, June 20, 2008. The next letter was from Ray Otten, Director of the Community Emergency Corps thanking Supervisor Southworth for meeting with him and for the opportunity for both organizations to work together for the benefit of the residents of the Town of Ballston. The last two letters were from Peter Sheridan, Coordinator for the Burnt Hills-Ballston Lake CSD Championship Signs and Robert McGuire, Director of Physical Education & Athletics of the Burnt Hills-Ballston Lake CSD, thanking the Town for recognizing the efforts of the B.H.-B. L. School athletic teams that have won state championships. This recognition is accomplished by erecting signs at two roadway entrances to the Town. These signs are purchased by the Town of Ballston and erected by Highway Superintendent Joseph Whalen and his highway crew.

Barbara Wilson from the Library Board of Trustees gave the Library report for January, and it is on file in the Town Clerk’s office.

Ann Quinn, the Town’s representative to the Saratoga County Office for the Aging, was present to give a report. Mrs. Quinn presented the Town with booklets outlining the services provided by the Office for the Aging. She also reported that they are trying to provide New York Choices at a point of entry so that callers requesting information only have to make one telephone call. Also, a nationwide 211 system is being looked into whereby calls seeking information would be answered 24 hours per day.

Sue Macejka, Chairperson of the Jenkins Park Advisory Board, asked that Peter Petrillose and Arlene Ida be reappointed to the Advisory Board. They have both been working hard for the Park. She also thanked everyone for a great meeting held last Wednesday evening. Mrs. Macejka stated that she looks forward to everyone working together. She presented a list of proposed projects for 2008.

Councilman Briaddy asked if caretaker Norman Collins is retiring. Mrs. Macejka replied not that we’ve heard.

Building Inspector Thomas Johnson, Highway/Water Superintendent Joseph Whalen, Dog Control Officer John Christopher, Deputy Dog Control Officer Thomas Shambo and Town Clerk Muriel Swatling submitted reports for the month of January, and they are on file in the Town Clerk’s office.

Deputy Supervisor Seymour reported that Supervisor Southworth has been appointed to the Autism Council.

Councilwoman Ireland stated that she felt the Jenkins Park meeting went well. There was a good response of people willing to help.

Councilman Szczepaniak said that the Jenkins Park meeting was very informative. He was impressed with the attendance. The Park is used by so many and paid for by few. It is not too difficult a fix. When there is vandalism, there is not much support from law enforcement officials. The taxpayers outside the Park District don’t want to pay taxes for a park they don’t use. There is a need for better communication; talk directly to the Sheriff to see if more coverage is possible. What is the possibility for fund raising or asking for donations. Have another meeting to keep things moving forward.

Deputy Supervisor Seymour also reported that Supervisor Southworth met with the Department of Agriculture and Markets, along with other County representatives, to learn how to administer the Curtiss Grant.

Councilwoman Ireland said that Senator Farley has a member item grant that could be used for a light by the Burnt Hills High School.

Sue Macejka said that when she referred to asking the Town Board about projects for the Park, she was blanketing the whole Board when in fact, she had spoken to the Supervisor. She felt he then passed the information along. Mrs. Macejka said she would provide information for the newsletter. She also reported that when there were problems in the Park, the Supervisor had called the Sheriff. When funding had been sought, it had gone no farther.

David Stern asked where the money had come from to equip the Reita Street Park in Carpenters Acres. It was replied that it came from the Parks and Recreation Fund. Mr. Stern also said that his children participated in organized sports provided by Ballston Area Recreation Commission and they made a donation of $15.00 per participant. Perhaps a way to help Jenkins Park would be to ask for a donation from organized sports. Please reappoint Arlene Ida and Peter Petrillose. Mr. Stern then asked if there are any interviews set up for Zoning and Planning Boards.

Arnold Palmer spoke regarding pay raises for legislators. He asked that the Town pass a law or regulation to limit the pay raises for the Town to the cost of living.

Councilman Briaddy informed Mr. Palmer that the Town gave a 3 to 4% raise which would amount to a cost of living raise. Mr. Palmer than asked the additional Board members what their feelings on such a law would be. The replies were no comment or not in favor of the law. Deputy Supervisor Seymour stated he has no vote, but would be in favor of such a law.

The question was asked if there was a legal reason there could not be a cap. Attorney Reilly replied he knew of no legal reason not to cap.

Hal Schultz spoke regarding the work to be done on the bridge on Rt. 67. The State is talking about a redoing the bridge now and then doing additional work in the future which would call for closing the bridge twice. When the roundabouts were done in the Town of Malta, Stewarts lost approximately 800 customers per week. There is 4.4% growth per year of traffic on Route 67. Why not do all the work at one time and only open the bridge once and not twice.

Highway Superintendent Joseph Whalen will attend a meeting with NYSDOT for projects in Region 1 and the proposal shows that the Town of Ballston only has one small red line.

Councilwoman Hynes stated that the Town needs to make sure the Town gets its fair share.

Richard Voehringer spoke regarding Jenkins Park. He would prefer to see donations rather than a tax. Would the donation be tax deductable?

Polly Windels said that the Town of Malta is laying their Park out in stages. She would like to make sure that Jenkins Park stays a pocket neighborhood park.

Councilwoman Hynes said that was the general sentiment; to keep it the way it is. The Jenkins Park meeting was very informative – there was not just one answer.

The following items were presented for discussion and action.

The following have applied for Junk Yard License renewals for 2008: William Douglas Davey of Round Lake Road and Mangino Pontiac-Buick for Route 50.

08-13: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve Junk Yard License renewals for one year for William Douglas Davey of Round Lake Road, Ballston Lake and Magino Pontiac-Buick, Inc. of Route 50, Ballston Spa. Roll Call: Ayes – all; Noes – none. Carried.

08-14: A motion was made by Mary Beth Hynes and seconded by James Briaddy to reappoint Richard Wood to the Town of Ballston Zoning Board of Appeals for a term commencing January 1, 2008 and ending December 31, 2014. Roll Call: Ayes – all; Noes – none. Carried.

08-15: No motion was made or seconded to reappoint Peter Petrillose to the Jenkins Park Advisory Board.

Councilwoman Ireland stated that this is nothing personal. Let’s take a look at everybody.

Councilwoman Hynes also stated that this is nothing personal. Let’s move on with this.

Jenkins Park Advisory Member Willwerth said he feels that it is personal.

Deputy Supervisor Seymour feels it is a disservice to the volunteers.

Mr. Willwerth feels it was set up to recruit new members. He feels it is perceived to be a personal slight.

Paul Simpson asked why these resolutions were put on the agenda.

Merrill McColl feels these people are being harpooned. There was no prior discussion.

David Stern asked why did you reappoint Mr. Wood to the Zoning Board with no discussion. You are not willing to reappoint these two. There are also two additional positions to be filled .

08-16: No motion was made or seconded to reappoint Arlene Ida to the Jenkins Park Advisory Board.

Deputy Supervisor Seymour stated this is not the way to go.

It was feeling of the Town Board that the next resolution to appoint a Town Attorney should be tabled. The reason for this is that the Town Supervisor should be here to provide her input.

08-17: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to table the motion to appoint a Town Attorney. Roll Call: Ayes – all; Noes – none. Carried.

08-18: A motion was made by Mary Beth Hynes and seconded by James Briaddy to appoint the Town Board as the Lead Agency for the SEQRA process for the Burnt Hills-Ballston Lake Water District No. 2, Ext. #21 (Brooks Heritage, LLC). Roll Call: Ayes – all; Noes – none. Carried.

08-19: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to declare Burnt Hills-Ballston Lake Water District No. 2, Ext. #21 (Brooks Heritage LLC) as an unlisted action. Roll Call: Ayes – all; Noes – none. Carried.

08-20: A motion was made by James Briaddy and seconded by Kimberly Ireland to revise motion 08-19 to read as follows: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to declare a negative declaration for the Burnt Hills-Ballston Lake Water District No. 2, Ext. 21 (Brooks Heritage LLC). Roll Call: Ayes – all; Noes – none. Carried.

08-21: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the following resolution establishing the Burnt Hills-Ballston Lake Water District No. 2, Ext. #21 (Brooks Heritage, LLC) with the following stipulations: Final agreement has been reached with the Town of Clifton Park for the payment and installation of 16 inch water main and this district is contingent upon Planning Board approval. Roll Call: Ayes – all; Noes – none. Carried.

WHEREAS, a petition for the creation of Extension No. 21 to the Burnt Hills-Ballston Lake Waster District No. 2 in the Town of Ballston, County of Saratoga, State of New York, with the necessary map and plan attached to it, was presented to the Town Board by Brooks Heritage, LLC; and

WHEREAS, the aforesaid map, plan and estimate of cost was prepared by Lansing Engineering, P.C., competent engineers duly licensed by the State of New York , in relation to the proposed establishment of Extension No. 21 to the Burnt Hills-Ballston Lake Water District No. 2, Town of Ballston, County of Saratoga; and

WHEREAS, the maximum amount proposed to be expended as stated in the petition is One ($1.00) Dollar; and

WHEREAS, the boundaries of the proposed district are hereinafter described in Appendix "A"; and

WHEREAS, a resolution was duly adopted by this Board on the 3^rd day of January, 2008, calling for a public hearing on said petition, map, plan and estimate of cost to be held at the Town Hall, 323 Charlton Road, Ballston Spa, New York on the 29^th day of January, 2008 at 7:00 p.m. o’clock Local Time; and

WHEREAS, notice of such public hearing was duly published and posted in the manner and within the time provided by the Town Law; and

WHEREAS, said public hearing was duly held at the time and place aforesaid at which time all persons interested in the subject matter thereof were duly heard; and

WHEREAS, pursuant to Town Law Section 194(6), the approval of the State Comptroller is not required since the entire burden of the financing of the proposed extension is to be borne by the Petitioner, and there is to be no financing borne by the Town, the District or any prior extensions thereof; and

WHEREAS, Decision on said matter was reserved to the Town Board Meeting of February 7, 2008,

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, by the Town Board of the Town of Ballston, County of Saratoga, New York as follows:

Section 1. (a) That the petition as presented is signed and acknowledged or proved as required by law and complies with the requirements of Section 191 of the Town Law as to sufficiency of signers and is otherwise sufficient;

That the notice of hearing was published and posted as required by law; and is otherwise sufficient;

That all property and property owners within the proposed Extension are benefited thereby;

That all property owners benefited are included within the limits of the proposed Extension;

That it is in the public interest to establish the proposed Extension;

That the first year cost of full operation and debt payment, if any, for a typical one family or two family home is less that Five Hundred ($500.00) Dollars per home per year, including connection fees to the resident property line.

Section 2. That the establishment of Extension No. 21 to the Burnt Hills-Ballston Lake Water District No. 2, as set forth in the aforesaid Petition, map, plan and report, be approved and that the approval of the Comptroller of the State of New York is not required and that the requested improvement be constructed, and the necessary easements and lands be acquired upon the required funds being made available and provided for, and such Extension shall be known and designated as Extension No. 21 to the Burnt Hills-Ballston Lake Water District No. 2 in the Town of Ballston, and shall be bounded and as described on Appendix A, annexed hereto,

Section 3. Lansing Engineering, P.C. is hereby authorized and directed to prepare definite plans and specifications and to make a careful estimate of the expense for said improvement to prepare a proposed contract for execution of the work.

Section 4. That the total costs of the improvements to be constructed within the boundaries of the extension shall be borne by the Petitioner at no cost to the Town of Ballston, the Burnt Hills-Ballston Lake Water District No. 2 or any prior extensions thereof. Expenses of maintenance of the District shall be paid by sums collected pursuant to Section 202 (a) of the Town Law.

Section 5. That the Town Clerk of the Town of Ballston shall within ten (10) days after the adoption of this resolution file a certified copy thereof with the County Clerk of the County of Saratoga and the New York State Department of Audit and Control.

Section 6. That the Supervisor shall file a copy of this resolution with the New York State Department of Environmental Conservation and the New York State Department of Health, and such other supporting documents as shall be necessary to complete application for the issuance of a Water Supply Permit for the said Extension No. 21 to the Burnt Hills-Ballston Lake Water District No. 2.

Section 7. This resolution shall take effect immediately.

08-22: A motion was made by Mary Beth Hynes and seconded by Kimberly Ireland to approve the following Intermunicipal Agreement between the Town of Hadley and the Town of Ballston for bus transportation to the 2008 Association of Towns Meeting for two attendees. Roll Call: Ayes – all; Noes – none. Carried.

WHEREAS, a proposal has been made that the Town of Hadley and the Town of Ballston enter into an intermunicipal agreement providing for bus transportation to the 2008 Association of Towns Meeting which is being held in New York City.

NOW, THEREFORE, BE IT RESOLVED, that the town of Hadley and the Town of Ballston enter into an intermunicipal agreement which provides that:

The Town of Hadley will provide bus seats to the 2008 Association of Towns Meeting for $46.84 per reservation with the understanding that the seats are a non-refundable purchase. The bus will depart and return to pre-designated areas.

The Town of Hadley will provide receipts for paid reservations for bus transportation to the Association of Towns Meeting.

The Town of Hadley will pay no other cost or amount or consideration.

The term of the agreement shall be from February 17, 2008 through February 20, 2008.

08-23: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the Request for Proposals for Asphalt Bids. Roll Call: Ayes – all; Noes – none. Carried.

Highway Superintendent Joseph Whalen presented his Agreement to Spend Highway Funds to the Town Board outlining his highway spending for 2008.

08-24: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the Agreement to Spend Highway Funds for 2008. Roll Call: Ayes – all; Noes – none. Carried.

The Town has to appoint a Voting Delegate to the Association of Towns Meeting.

08-25: A motion was made by Kimberly Ireland and seconded by Mary Beth Hynes to appoint Supervisor Patti Southworth as the Voting Delegate to the Association of Towns Meeting. Roll Call: Ayes – all; Noes – none. Carried.

08-26: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the following resolution honoring former Town Supervisor Raymond Callanan. Roll Call: Ayes – all; Noes – none. Carried.

WHEREAS, Raymond F. Callanan served with distinction as Ballston Town Supervisor and as an industrious representative for the Town of Ballston on the Saratoga County Board of Supervisors for twenty years from 1988-2007, and

WHEREAS, Raymond F. Callanan served the Town of Ballston for twenty years from 1988-2007 as Town Budget Officer and during that time provided the residents of Ballston with excellent Town services without a Town General Tax or Town Highway tax, and

WHEREAS, Raymond F. Callanan played a vital role in the formation and construction of the new Town of Ballston Highway Garage, the new Town of Ballston Community Library, and the new addition to the Town of Ballston Town Hall, and

WHEREAS, Raymond F. Callanan was instrumental in the development and construction of the new Saratoga County Social Services Building, the Saratoga County Water System and the Saratoga County Landfill, and

WHEREAS, Raymond F. Callanan served as a Ballston Town Councilman for four years prior to being elected as Town Supervisor, and during his tenure he worked to accomplish the establishment of the Ambulance District, and

WHEREAS, Raymond F. Callanan served on the Town of Ballston Zoning Board of Appeals for three years from 1981 to 1983, and

WHEREAS, Raymond F. Callanan served the residents of the Town of Ballston as a fireman for the Ballston Lake Fire Company for twenty five years from 1973 to 1997, and

WHEREAS, Raymond F. Callanan proudly served his country in the United States Army during the Korean War, and

WHEREAS, Raymond F. Callanan owned and operated the neighborhood grocery store, Fannings Market, for over two decades in Ballston Lake, and

WHEREAS, Raymond F. Callanan and his loving wife Connie, who has consistently stood by his side, celebrated fifty years of marriage last October and,

WHEREAS, Raymond and Connie are the loving parents of three children, Raymond, Jr. (Joann); Anthony (Laurie) and Catherine and the proud grandparents of Raymond III, Matthew, Megan, Christopher and Amanda, and

WHEREAS, the Town Council of the Town Ballston wishes to recognize and honor Raymond F. Callanan’s accomplishments and many years of dedicated service to the Town of Ballston and Saratoga County, now, therefore, be it

RESOLVED, that the Town Council of the Town Ballston recognizes and honors Raymond F. Callanan for his outstanding service to the Town of Ballston and its residents.

08-27: A motion was made by Kimberly Ireland and seconded by James Briaddy to approve the following resolution honoring former Town Councilman Harold Townley. Roll Call: Ayes – all; Noes – none. Carried.

WHEREAS, Harold R. Townley was born and raised in Ballston Lake, New York, the son of Jane and Wendell Townley, who taught their children by example the importance of performing community service and volunteering; and

WHEREAS, following graduation from Burnt Hills-Ballston Lake High School, Harold R. Townley proudly served his Country in the United States Army, stationed in Korea for two years during the Vietnam War Era as Military Police; and

WHEREAS, For more than thirty years, Mr. Townley and his family have served the Ballston Community as funeral home directors. Harold Townley and his brother Frank currently own and operate Wheeler Funeral Home of Ballston Spa and Townley and Wheeler Funeral Home of Ballston Lake; and

WHEREAS, Despite his busy professional life, Mr. Townley has been called upon to contribute his time and talents to countless civic and charitable endeavors and has always given of himself unstintingly. Mr. Townley has volunteered as a coach for various children’s sports’ teams and supported many programs at both the Burnt Hills-Ballston Lake and Ballston Spa School Districts and he has also worked at Clover Patch, a community camp for handicapped children; and

WHEREAS, Harold R. Townley is a member of the Burnt Hills-Ballston Lake Rotary Club and as a member of the professional community, belongs to the Burnt Hills-Ballston Lake Business and Professional Association; and

WHEREAS, In 1979, Mr. Townley was elected as a member of the Ballston Town Council, serving as the Ballston Town Deputy Supervisor for twenty years, and diligently served his community in these esteemed positions; and

WHEREAS, During his tenure on the Town Council, Mr. Townley worked to accomplish the establishment of the Veterans Memorial Bike Path, the completion of the Ballston Lake Fishing Pier, construction of a new Town of Ballston Community Library and new Highway Garage and the addition to Town Hall all while maintaining a fiscally responsible town government; and

WHEREAS, Harold R. Townley is a loving husband to his wife Maureen, dedicated father to the Townley Children, Jody, Garth and Jessica as well as proud grandfather to his beloved grandsons Brien, Luke and Ian; and

WHEREAS, It is the sense of this Town Council that it is appropriate to express on behalf of the residents of the Town of Ballston gratitude for the many years of dedication and commitment that Mr. Townley brought to the Ballston Town Council; now, therefore, be it

RESOLVED, That the Ballston Town Council pause in its deliberations to honor Harold Townley upon the occasion of his retirement after many years of dedicated service to the Town of Ballston.

08-28: A motion was made by James Briaddy and seconded by Mary Beth Hynes to appoint a three member committee to include Town Supervisor Patti Southworth, Councilwoman Kimberly Ireland and Planning Board Member Richard Doyle to attend the meetings on the Route 67 Corridor with the Department of Transportation and the Capital District Transportation Corporation. Roll Call: Ayes – all; Noes – none. Carried.

A request was made of Attorney Peter Reilly to write a letter to the Comptroller to see if the Towns Park and Recreation fees can be used for Town of Ballston Park District No. 1 (Jenkins Park).

Councilwoman Hynes stated she has the draft regulations and redrafted map for the Ballston Lake Overlay District. She will provide the information to the other Town Board members and Ballston Lake Improvement Association. She asked if it was reasonable to have a public hearing by the end of the month. It was the feeling of the Board that it would be better to hold a public hearing at a later date.

Councilwoman Hynes stated that there is a 13.3 million dollar grant available that might possibly be used for sidewalk connections between the Middle School and High School. In order to achieve this goal, it would involve the Town of Ballston, the Town of Glenville, the County Highway Dept. and the Burnt Hills-Ballston Lake School District. This is something that possibly should be looked into.

Motion to adjourn.

Respectfully submitted.

Muriel K. Swatling

Town Clerk