The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, January 2, 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.

Town Justice Brandi Burns swore in the newly elected officials, Councilwoman Mary Beth Hynes and Town Justice Cynthia Amrhein.

A motion was made by Robert Boice and seconded by Harold Townley that the minutes of the November special meeting and December regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.

Library Trustee Barbara Wilson, 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 December, and they are in file in the Town Clerk’s office.

Supervisor Callanan submitted his financial report for December.

A motion was made by Harold Townley and seconded by James Briaddy that the Supervisor’s report for December be accepted. Roll Call: Ayes – all; Noes – none. Carried.

Merrill McColl asked what the $102,000 amount under expenses was for. Supervisor Callanan replied that it is the New York State Retirement for the year.

David Stern asked if the lights at Dunkin Donuts were supposed to be aimed down. Building Inspector Thomas Johnson said they had been inspected and found to be in compliance. This project was approved under the old zoning. Mr. Stern asked if there is an opening for an alternate on the Planning Board, and what is the process to apply.

Donald Rhodes stated he could not attend the public hearing on the proposed zoning changes for parcels on Midline Road and Larkin Drive. He stated that there is a mechanism (PUD) in the present zoning to allow a property owner to apply for a use other than what the property is zoned for. Mr. Rhodes feels that this mechanism should be used rather than changing the zoning of the parcel.

The following items were presented for discussion and action.

07-01: A motion was made by Harold Townley and seconded by Robert Boice that the following Organizational Resolutions and Appointments for 2007 be approved. Roll Call: Ayes – all; Noes – none. Carried.

Town Board Committees for 2007

Highway & Buildings – Townley and Boice

Personnel & Finance – Townley and Briaddy

BH-BL Recreation – Townley

Zoning & Planning – Briaddy and Hynes

Water Districts 2, 3, 5, & 6 – Townley and Boice

Public Safety – Briaddy and Hynes

Insurance – Townley

Library – Townley and Briaddy

Assessment – Briaddy and Hynes

Data Processing – Briaddy and Townley

Land Conservation – Boice and Hynes

Building Department/Zoning Enforcement – Boice and Briaddy

RESOLUTIONS – 2007

RESOLUTION #1 – BE IT RESOLVED BY THE Town Board of the Town of Ballston that all meetings of the Town Board shall be held in accordance with the latest edition of Robert’s Rules of Order.

RESOLUTION #2 – BE IT RESOLVED by the Town Board of the Town of Ballston that all regular meetings of the Town Board of the Town of Ballston shall be held in the Town Offices located on Charlton Road, Town of Ballston and County of Saratoga at 7:30 p.m. on the first Tuesday of each month, except in November when it shall be the first Thursday at 7:30 p.m. A special meeting will be held on the last Tuesday of each month (Agenda Meeting) for the purpose of paying monthly bills and any other business requiring immediate attention.

RESOLUTION #3 – BE IT RESOLVED by the Town Board of the Town of Ballston that the Agenda Meetings of the Town Board shall be held at the Town Offices located on Charlton Road, Town of Ballston and County of Saratoga at 7:30 p.m. on the last Tuesday of each month.

RESOLUTION #4 – BE IT RESOLVED by the Town Board of the Town of Ballston that the Ballston Spa National Bank shall be the official depository for town funds. Be it further resolved that funds may be withdrawn and checks may be signed by the Supervisor, Raymond F. Callanan or in his absence by Deputy Supervisor, Harold Townley, in accordance with the provisions of the Town Law and the procedures established by the Town Board. Be it further resolved that checks drawn on the Town Clerk’s account may be signed by the Town Clerk or the Deputy Town Clerk in accordance with the provisions of the Town Law and the procedures established by the Town Board. The Ballston Spa National Bank will deposit with a third party collateral sufficient to cover all balances.

RESOLUTION #5 – BE IT RESOLVED by the Town Board of the Town of Ballston that salaries for Town Officials in 2007 and rates for hourly employees in 2007 be approved as listed and established in the 2007 Budget, and that the payroll schedule be: Biweekly – all hourly employees; all elected officials and salaried employees.

RESOLUTION #6 – BE IT RESOLVED by the Town Board of the Town of Ballston that the Water Superintendent be authorized to make purchases on his own authorization up to a limit of $2,000.00.

RESOLUTION #7 – BE IT RESOLVED by the Town Board of the Town of Ballston that a petty cash account of $300.00 be authorized for use by the Town Clerk and a petty cash account of $300.00 be authorized for use by the Town of Ballston Community Library.

RESOLUTION #8 – BE IT RESOLVED by the Town Board of the Town of Ballston that the official newspaper as required by Town Law shall be the Daily Gazette.

RESOLUTION #9 – BE IT RESOLVED by the Town Board of the Town of Ballston that Town Officers shall be compensated at the rate of .445 cents per mile for the use of their personal automobiles in the performance of their official duties.

RESOLUTION #10 – BE IT RESOLVED by the Town Board of the Town of Ballston that all elected and appointed officers of the town shall be authorized to attend meetings and conferences connected with their office and shall be reimbursed for necessary expenses and mileage at the approved rate upon the submission of the proper voucher within the limits of the budget. Overnight trips shall require prior approval by the Town Board.

RESOLUTION #11 – BE IT RESOLVED by the Town Board of the Town of Ballston that Harold Townley shall be appointed Deputy Supervisor for the term of one year commencing January 1, 2007 and ending December 31, 2007.

RESOLUTION #12 – BE IT RESOLVED by the Town Board of the Town of Ballston that the following individuals are appointed to the following positions for a term of one year commencing January 3, 2007 said term ending at the organizational meeting of the Town of Ballston held in January 2008.

Budget Officer – Raymond F. Callanan

Town Attorney – Carlton N. Pott II (1/1/2007 – 12/31/2007)

Deputy Town Attorney – Peter Reilly (1/1/2007 – 4/30/07)

Building Inspector and Fire Marshal – Thomas Johnson

Dog Control Officer – John Christopher

Deputy Dog Control Officer – Thomas Shambo

Secretary/Bookkeeper – Joann Bouchard

Registrar of Vital Statistics – Muriel Swatling

Sub Registrar of Vital Statistics – Carol Shemo

Deputy Town Clerk – Carol Shemo

Deputy Tax Collector – Glenn Hogue

Town Historian – Richard Reynolds

Crossing Guard –

Clerk – Michelle Dingman

Court Clerks – Dorothy Spoonogle; Jane Curtiss

Water Superintendent for Districts 2,3,5 & 6 – Joseph Whalen

Water District Clerk for Districts 2,3,5 & 6 – Barbara Voehringer

Assessor’s Clerk – Sharlene Gillan

Voting Machine Custodians – Charles Hildreth; William Schwinghammer

Representative to Ballston Area Recreation Commission –

Representative to Saratoga County Office for the Aging – Anne Quinn

Representative to Milton Terrace Water District – Raymond Callanan

Representative to Saratoga County Youth Bureau – John Fantauzzi

Zoning Enforcement Officer – Anton Rohrmeier

Chairman, Zoning Board of Appeals – Michael Lesniak

Vice-Chairman, Zoning Board of Appeals – Marilyn Bell

Chairman, Planning Board – Richard Doyle

Vice-Chairman, Planning Board – Jeffrey Cwalinski

Planning Board Member – Joan Eddy (January 1, 2007 – December 31, 2013)

Planning Board Member – John VanVorst (January 1, 2007 – December 31, 2008)

Secretary – Zoning Board of Appeals – Michelle Dingman

Secretary – Planning Board – Michelle Dingman

Board of Ethics – Robert Russell (January 1, 2007 – December 31, 2011)

                      - Merrill McColl (January 1, 2007 – December 31, 2011)

Chairman, Board of Ethics – Robert Russell

Jenkins Park Advisory Board Member

        – Susan Macejka (Jan. 1, 2007 – Dec. 31, 2010)

        - William Willwerth (Jan. 1, 2007 – Dec. 31, 2010)

Chairperson, Jenkins Park Advisory Board – Sue Macejka

Health Officer – Dr. William Kelley

Clerk – Leslie Zorn

Part-time Clerk – Dorothy Spoonogle

Marriage Officer – Charles Merriam

RESOLUTION #13 – BE IT RESOLVED by the Town Board of the Town of Ballston that the official holidays for the Town are:

New Year’s Day – Monday, January 1, 2007

Martin Luther King Day – Monday, January 15, 2007

Lincoln’s Birthday – Monday, February 12, 2007

Presidents Day – Monday, February 19, 2007

Memorial Day – Monday, May 28, 2007

Independence Day – Wednesday, July 4, 2007

Labor Day – Monday, September 3, 2007

Columbus Day – Monday, October 8, 2007

Veterans Day – Monday, November 12, 2007

Thanksgiving Day – Thursday, November 22, 2007

Friday, November 23, 2007

Christmas Day, - Tuesday, December 25, 2007

RESOLUTION #14 – BE IT RESOLVED by the Town Board of the Town of

Ballston that all official meeting minutes must be written and mailed or otherwise distributed to appropriate parties within seven days of the applicable meeting. Town Board meeting minutes must, at a minimum be sent to: all Town Board members, Town Attorney and Deputy Town Attorney, Highway Superintendent, Building Inspector, Water Superintendent, Zoning Enforcement Officer, Assessor, Tax Collector, Town Justices, Town Librarian, Dog Control Officer, Town Historian, Chairperson of Zoning Board and Planning Board, Town Engineer, and others as required by the Town Board in special circumstances. The Zoning Board of Appeals (ZBA) meeting minutes must be sent to all ZBA members, all Town Board members, the Town Attorney and the Deputy Town Attorney, the Chairperson and Secretary of the Planning Board, the Highway Superintendent, Building Inspector, Zoning Enforcement Officer, Assessor, Town Engineer, applicants before the ZBA, and other persons as needed. The Planning Board minutes must be sent to all Planning Board members, all Town Board members, the Town Attorney and the Deputy Town Attorney, the Chairperson and Secretary of the ZBA, the Highway Superintendent, Building Inspector, Zoning Enforcement Officer, Assessor, Town Engineer, applicants before the Planning Board, and other persons as needed.

RESOLUTION #15 – BE IT RESOLVED by the Town Board of the Town of Ballston that the Town Attorney (representing the Town Board) and the Deputy Town Attorney (representing the Planning and Zoning Boards) appointed by the Town Board, will not represent clients before any of the standing boards of the Town or undertake criminal defense work before the Courts of the Town of Ballston.

RESOLUTION #16 – BE IT RESOLVED by the Town Board of the Town of Ballston that the fee schedule be amended to include a fee for checks returned by any bank for insufficient funds, the fee is to be $20.00.

RESOLUTION #17 – BE IT RESOLVED by the Town Board of the Town of Ballston that the firm of C. T. Male is hereby appointed Town Engineer. The Town Engineers agree not to represent any clients within the Town of Ballston before any duly established town board (i.e. Town Board, Planning Board, Zoning Board of Appeals).

RESOLUTION #18 – BE IT RESOLVED that the Town Board of the Town of Ballston authorized the Supervisor to make transfers between accounts in the current budget in order to keep accounts properly funded. The Supervisor will report transfers monthly to the Town Board.

The Highway Department has a 1996 Ford Dump Truck which it wishes to declare as surplus equipment.

07-02: A motion was made by James Briaddy and seconded by Harold Townley to declare a 1996 Ford Tandem Dump Truck as surplus equipment. Roll Call: Ayes – all; Noes – none. Carried.

The Town received a letter from Mayor John Romano of the Village of Ballston Spa advising the Town that the Village would like to purchase the 1996 Ford Dump Truck complete with plow for the amount of $5,000.00. The Town Board discussed this request and felt it would help the Village since they have some financial problems.

07-03: A motion was made by Harold Townley and seconded by James Briaddy to sell the surplus equipment 1996 Ford Tandem Dump Truck complete with plow to the Village of Ballston Spa for the sum of $5,000.00. Roll Call: Ayes – all; Noes – none. Carried.

The Town Board is planning to hold a workshop to discuss the proposed Ballston Lake Overlay District which will become part of the Town of Ballston Zoning.

07-04: A motion was made by Harold Townley and seconded by Mary Beth Hynes to set a Town Board workshop for January 16, 2007 at 7:00 p.m. to discuss the proposed Ballston Lake Overlay District. Roll Call: Ayes – all; Noes – none. Carried.

07-05: A motion was made by James Briaddy and seconded by Mary Beth Hynes to adopt the following resolution honoring the memory of William E. Sewell. Roll Call: Ayes – all; Noes – none. Carried.

Resolution: 07-05

HONORING THE MEMORY OF WILLIAM E. SEWELL

WHEREAS, WILLIAM E. SEWELL died on December 12, 2006; and

WHEREAS, BILL was a resident of the Town of Ballston; and

WHEREAS, BILL started his career as a math and science teacher, becoming a guidance counselor and eventually assistant principal of Rhinebeck, New York before he served as the principal of the Burnt Hills-Ballston Lake High School from 1960-1977; and

WHEREAS, BILL served the Town of Ballston as Supervisor from 1978-1987, serving as Chairman of the Saratoga County Board of Supervisors in 1983; and

WHEREAS, BILL served his community as the founder of Community Human Services which serves the needs of families and youth in the Burnt Hills-Ballston Lake School District, as a member of the Schenectady Hospice Board of Directors, as a member of the Charlton Girls’ School Board of Trustees from 1988 through 1993, serving as president of the Board from 1991-1993, and as a longstanding member of the Burnt Hills-Ballston Lake Rotary Club, serving as president in 1972 and being awarded its Life Time Service Award in 2005; and

WHEREAS, it is appropriate and fitting that this Board commemorate the passing of our friend, and associate; now, therefore, be it

RESOLVED, that the Town Board of the Town of Ballston expresses its sense of loss and its sincere sympathies upon the death of WILLIAM E. SEWELL to his wife Genevie 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 WILLIAM E. SEWELL.

The Highway Department is in need of an additional MEO for a period of six weeks.

07-06: A motion was made by Robert Boice and seconded by Harold Townley to authorize the hiring of one MEO for the Highway Department for a period of six weeks. Roll Call: Ayes – all; Noes – none. Carried.

The Town Board has received a request for a financial grant from Hillside Cemetery for fence replacement. The Cemetery Association is trying to raise the money for this project. The Town Board agreed to provide $1,000.00 as the last money in.

07-07: A motion was made by Harold Townley and seconded by James Briaddy to provide a grant of $1,000.00 as the last money in to the Hillside Cemetery for the fence replacement project. Roll Call: Ayes – all; Noes – none. Carried.

The following have applied for Junk Yard License renewals for 2007:

Mangino Pontiac-Buick; William Douglas Davey and Lester Dieterle.

07-08: A motion was made by James Briaddy and seconded by Harold Townley to approve the Junk Yard License renewals for 2007 for the following:

Mangino Pontiac-Buick, Inc. 1484 Route 50 Ballston Spa

William Douglas Davey 237 Round Lake Rd. Ballston Lake

Lester Dieterle 551 Eastline Road Ballston Spa

Roll Call: Ayes – all; Noes – none. Carried.

The Association of Towns Training School and Annual Meeting will be held in New York City from February 18 through February 21, 2007.

07-09: A motion was made by Harold Townley and seconded by Robert Boice to authorize a maximum of ten (10) attendees at the Association of Towns Training School and Annual Meeting in New York City from February 18 through February 21, 2007. Roll Call: Ayes – all; Noes – none. Carried.

The Town Board is planning to request proposals for the Town’s Computer System Support.

07-10: A motion was made by James Briaddy and seconded by Harold Townley to authorize a Request for Proposal for the Town’s Computer System Support. Roll Call: Ayes – all; Noes – none. Carried.

07-11: A motion was made by Harold Townley and seconded by Robert Boice to approve the following annual contracts with Saratoga County Office of the Aging for 2007:

Nutrition Contract in the amount of $1,680.00

Transportation Contract in the amount of $1,680.00.

Roll Call: Ayes – all; Noes – none. Carried.

07-12: A motion was made by James Briaddy and seconded by Harold Townley to authorize Town Justice Cynthia Amrhein to sign checks on the Town Justice account. Roll Call: Ayes – all; Noes – none. Carried.

Water Superintendent Joseph Whalen has proposed a change to the B.H.-B.L. Water District Distribution System. He proposes to charge the contractors for the location flags that are attached to the fire hydrants along with the cost of the hydrant. To make this change to the Town of Ballston Code, a public hearing has to be held.

07-13: A motion was made by Harold Townley and seconded by Mary Beth Hynes to set a public hearing for January 30, 2007 at 7:20 p.m. to consider a change to the B.H.-B.L. Water Distribution System. Roll Call: Ayes – all; Noes – none. Carried.

A motion was made by James Briaddy and seconded by Robert Boice to adjourn the meeting. Roll Call: Ayes – all; Noes – none. Carried.

Respectfully submitted,

 

Muriel K. Swatling

Town Clerk