The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, March 6, 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 Mary Beth Hynes and seconded by Harold Townley that the minutes of the Board of Health, Public Hearing, January special meeting, and February regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.
Library Trustee Sharon Rouis presented the report from the Library for February, and it is on file in the Town Clerk’s office.
Building Inspector Thomas Johnson, Highway/Water Superintendent Joseph Whalen, Dog Control Office John Christopher, Deputy Dog Control Officer Thomas Shambo, Supervisor Raymond Callanan, and Town Clerk Muriel Swatling submitted reports for February, and they are on file in the Town Clerk’s office.
Supervisor Callanan presented the financial report for the month of February.
A motion was made by James Briaddy and seconded by Mary Beth Hynes that the Supervisor’s Report for February be approved. Roll Call: Ayes – all; Noes – none. Carried.
Privilege of the Floor:
Patti Southworth presented a statement regarding the vote to be taken at tonight’s meeting committing the Town of Ballston to buy water from the proposed Saratoga County Water System. Mrs. Southworth asked that Town Board table the vote and consider renegotiating the terms of the present contract with the Town of Glenville.
Richard Le Clair, of the Town of Glenville, stated that the Town of Glenville now has the capability of selling more water than the Town of Ballston can store. The Town of Glenville would be willing to meet with the Town of Ballston and would be willing to help.
Supervisor Callanan stated that he had spoken with previous Supervisor Mosher and Supervisor Mosher had wanted to provide water to the whole County.
Jordan Baugh gave a statement regarding tonight’s vote on the water. He asked that the Town look at the alternatives and not proceed with voting tonight. He asked that if the vote does take place, that Supervisor Callanan recuse himself as it could be a conflict of interest.
A Town resident stated that she likes the water we have from Glenville and why change.
Betty Hill spoke regarding the renewal of the Junk Yard License for the Cole property on Goode Street. The Town keeps extending the time for a few months to give him a chance to clean the property up. It is still going on.
Vincent Vallone asked when the Town committed to the County Water System. Supervisor Callanan replied about two years ago. Mr. Vallone then asked how did you come up with the figures. If growth is slowing down, do we need more water? It was not necessary to run the water to the Town Hall, it could have been tanked. The water line to the Town Hall can allow for more development.
Supervisor Callanan responded that the water district on Goode Street did not include any vacant land. A developer applied for a subdivision and in order for it to be financially feasible, he would have to provide Town water. He applied to the Town Board to extend the water district to that vacant land, and the Town Board turned the request down.
Mr. Vallone talked about water on Middleline Road. He then asked why the Town of Ballston had to be a big signer on the Saratoga County Water System.
Arnold Palmer spoke regarding the Saratoga County Water System. He said the State is paying for the chip plant to come to Luther Forest. If the chip plant needs water, let the State pay for the Water System. Are there any hidden costs? If the Sewer Plant gets more use, it will have to be updated, which will cost the taxpayers more money. Stop and think about it. It is coming out of my pocket and my pockets are getting empty.
J-D Wood stated he submitted a FOIL request asking for information regarding the proposed Saratoga County Water System. The response showed no discussion; no plan; no review; no water needs study; no alternative plans. The taxpayers were not consulted. Please do not go forward with the vote on the water.
Polly Windels stated that if the Saratoga County Water System is being proposed to service the chip plant, that AMD only benefits a few. The current useful life of the chip plant is approximately seven years. Ms. Windels asked if a vote is taken on signing a contract to purchase water from the Saratoga County Water System, that each councilperson give the reason(s) why you are voting as you are.
Matthew Sousa said that we now have clean, clear water. Why are you going with the Hudson River? Take a look and the alternatives and table the vote.
David Stern stated that according to the Agenda, the Town is going to sign a maintenance agreement for the Town’s computers with E-Nable. Mr. Stern asked how many bids the Town received. He also asked the status of the alternates for the Planning Board. Supervisor Callanan replied that possibly interviews will be held this next Saturday.
Mr. Stern also spoke regarding the proposed Saratoga County Water System. Only Wilton and Ballston have made commitments. The Town of Wilton is pro growth and the Town of Ballston wants controlled growth. The Town of Malta has higher water rates than the Town of Ballston and they have not committed. Why aren’t more towns signing on. There is not enough information to make an educated vote; please table the vote.
John Zepko asked what percentage of the people will be able to use this water. Supervisor Callanan answered that the only people able to use the water are the people in the system. It is only for the users.
Supervisor Callanan pointed out that the Saratoga County Water Authority cannot levy a tax. The County would be liable for any shortfalls.
Vincent Vallone asked the Town to think of their nearest neighbors (Town of Glenville). Mr. Vallone thinks we shouldn’t commit to such a large water system. Will we end up with a situation that will cause problems? He does not understand why the Town of Ballston was so quick to sign on.
Supervisor Callanan stated that the water discharged will be treated at the Sewer Plant.
Paul Simpson asked why the County wants to get into the water business.
Merrill McColl stated that he raised an objection to the proposed water system at the May 2003 Town Board meeting.
Gina Marozzi asked why the Round Lake Fire Protection Contract wasn’t on the agenda for tonight as it was the agenda for last week’s Agenda Meeting. Supervisor Callanan stated that he didn’t take the item off the agenda since at this time it was only on for discussion.
The following items were presented for discussion and action.
H. R. Schultz has presented an amendment to his Planned Unit Development located on Rt. 67 and Eastline Road to add the Mixed Use designation and to make changes to the original Planned Unit Development of 1984.
07-27: A motion was made by Harold Townley and seconded by Robert Boice naming the Town Board of the Town of Ballston as the Lead Agency in the SEQRA process concerning Local Law No. 3 of the year 2007, the amendment of the H. R. Schultz Planned Unit Development. Roll Call: Ayes – all; Noes – none. Carried.
07-28: A motion was made by Harold Townley and seconded by Mary Beth Hynes issuing a Negative Declaration with the basis that there is not a potentially significant environmental impact concerning Local Law No. 3 of the year 2007, the amendment of the H. R. Schultz Planned Unit Development. Roll Call: Ayes – all; Noes – none. Carried.
07-29: A motion was made by Mary Beth Hynes and seconded by James Briaddy to approve Local Law No. 3 of the year 2007 to amend the Planned Unit Development of H. R. Schultz to include Mixed Use Designation and changes to the H. R. Schultz’s Planned Unit Development of 1984 and the implementation of these changes. Roll Call: Ayes – all; Noes – none. Carried. (See following.)
The Town has received an application for an amendment to the Corporate Technology Park Planned Unit Development of 1999. They are asking to add Retail and Public Assembly to permitted uses.
07-30: A motion was made by James Briaddy and seconded by Harold Townley to name the Town Board of the Town of Ballston as the Lead Agency in the SEQRA process concerning Local Law No. 4 of the year 2007, the amendment of the Corporate Technology Park Planned Unit Development of 1999. Roll Call: Ayes – all; Noes – none. Carried.
07-31: A motion was made by Mary Beth Hynes and seconded by Harold Townley to issue a Negative Declaration with the basis that there is not a potentially significant environmental impact concerning Local Law No. 4 of the year 2007, the amendment of the Corporate Technology Park Planned Unit Development of 1999. Roll Call: Ayes – all; Noes – none. Carried.
07-32: A motion was made by James Briaddy and seconded by Harold Townley to approve Local Law No. 4 of the year 2007 to amend the Planned Unit Development of 1999 of Corporate Technology Park to include Retail and Public Assembly as permitted uses. Roll Call: Ayes – all; Noes – none. Carried.
New York State has provided revisions to 19 NYCRR Part 1203 regarding minimum standards for administration and enforcement of the Uniform Code.
07-33: A motion was made by Harold Townley and seconded by James Briaddy to approve Local Law No. 5 of the year 2007 affirming the Town’s commitment to the administration and enforcement of the Uniform Code revision of 19 NYCRR Part 1203. This is classified as a Type II Action requiring no further SEQRA review. Roll Call: Ayes – all; Noes – none. Carried.
Discussion was held regarding the Saratoga County Water System before voting to sign a contract with the Saratoga County Water Authority to purchase water from the Saratoga County Water System.
Supervisor Callanan presented the following. The idea of a central water system to serve Saratoga County is not new, but has been around for the last twenty (20) plus years. I have been involved with the latest effort, since its inception. It is only now with the development of the Luther Forest Tech Park that the ability to finance such a project has become a reality. The estimated cost of the system is $67,000,000., with grant funds providing for a substantial portion of that cost. With bonds and operating expenses being user paid and not requiring any tax, the system will provide a regional solution for the water needs of the County necessary to support economic development and the needs of our residents. I support the concept of the Saratoga County water system and the participation of the Town of Ballston in the system. Not only will we be participating in a county regional solution to its water needs, but we will also realize savings on an annual basis that will provide the funds necessary to maintain our system without an increased tax burden on our water users. Sections of our system are now over forty years old, and increased maintenance can be expected.
Councilwoman Mary Beth Hynes presented the following remarks on the regional water solution.
As the newest member of our Town Council, I haven’t had a chance until tonight to discuss my views about the Regional Water Solution .
I’d like to take this opportunity to do so.
Our Town needs a plentiful, clean, and relatively inexpensive source of water that we can count on, today and tomorrow.
The Regional Water Solution is safe, clean and affordable.
Under the Regional Water Solution, we would draw a clean source of water through an existing pipe, at a rate of $2.05 per thousand gallons.
It’s worth noting that this rate is contractually set for the first year. It would result in projected savings to our Town of $143,296.00 in Year One.
That’s real money…real savings…and a real benefit for Ballston families.
I believe the savings are considerable. In a Town which runs as lean as ours does, projected savings of this amount cannot be ignored, and in my opinion should be embraced.
I may be going out on a limb, but count me in favor of saving our Town money.
I believe one of the reasons I was elected was to ensure Ballston pursues fiscally responsible policies. It's a promise I made last fall.
In supporting the Regional Water Solution, it's a promise I'm fulfilling to the voters.
The Board of Supervisors has voted to move forward with the Regional Water Solution and has a fiscal plan in place to make it happen.
It has considered alternative proposals such as the one put forward by Veolia, ultimately rejecting it -- and for good reasons. We know the Regional Water Solution is safe, clean and will remain affordable. We can't say the same about Veolia with 100% certainty.
My duty is to do the best I can -- with the information I have -- for the families of our Town. The numbers, in my opinion, clearly support the Regional Water Solution.
Some people have talked about sprawl as a consequence of the Regional Water Solution, particularly to some of the northern Saratoga County towns. As the former Chairwoman of Ballston's Land Conservation Committee, I know about concerns over sprawl -- the over-development of previously undeveloped areas -- and the types of harm, both aesthetic and economic, it can cause a community like ours that places a premium on its scenic charm.
Thankfully, our Town was proactive and had the foresight to recently complete a new comprehensive plan and zoning which reaffirms our commitment to maintaining the rural character of our Town and encourages business in defined locations with a footprint and scale not inconsistent with that character.
Because we took the initiative, unlike some of our neighbors who haven't made planning a priority, Ballston is well-prepared for this project. Because we did our homework, we'll be able to maximize benefits and minimize any negatives.
I believe we're ready for any development pressures, as we can fully address the Interim Open Space Report the LCC generated. This means we'll need to keep working to preserve more open spaces in our Town.
I sincerely do not believe that the Regional Water Solution will somehow increase already existing pressures by sourcing water from the Hudson instead of Glenville and running it through the same pipe.
Of course, as we all know, the issue of water has, regrettably, become a political football.
I'm someone who reads the paper, enjoys politics and thinks it's interesting to see how this debate has taken shape at a county and state level.
But, at the end of the day, I think we need to get back to first principles.
Ballston needs water.
We need it regardless if it comes from the North or the South, the East or the West, from Timbuktu or all points in-between. At the end of the day, our Town will still need water.
And the water will need to be safe. And it will need to be clean.
And it will need to be affordable.
The Regional Water Solution is all of these things.
This is a local issue for me. I'm not just a member of our Town government: I'm a proud Ballston homeowner, a mother, a neighbor and someone who truly loves our community. It's my home and where I'm raising my two boys.
I believe that with the best information we have right now, this initiative will result in a cost savings for our Town and meet our long-term water needs in a way that's safe, clean and affordable.
For those reasons, I will support the Regional Water Solution, and I do support this proposed contract with the Saratoga County Water Authority.
Thank you.
Councilman Harold Townley stated that he is in favor of the County water system. Mr. Townley said that the Town of Glenville is making money by selling water to the Town of Ballston. Glenville did not send us information on the reduction of the rate or the reduction of the ad valorem. One of the biggest problems with the water from Glenville is that it is hard. If you don’t purchase a water softener, you have to replace water heaters, etc. Are we going to need more water? The Town keeps adding on to the original district.
Councilman James Briaddy said he is in favor of the County water system. He feels it will be a cost saving to the water district users. Mr. Briaddy also feels that this is a viable alternative to drawing water from Saratoga Lake. He doesn’t want to see that happen.
07-34: A motion was made by James Briaddy and seconded by Harold Townley to authorize the Supervisor to sign a contract with the Saratoga County Water Authority to purchase 375,000 gallons of water per day at a rate of $2.05 per thousand gallons and subject to the approval of the Town Attorney as to the form of the contract. Roll Call: Mr. Briaddy – aye; Ms. Hynes – aye; Mr. Townley – aye; Mr. Boice – aye; Mr. Callanan – abstain. Carried.
The Town has been looking into the possibility of hiring security for the Town Justice Court.
07-35: A motion was made by James Briaddy and seconded by Harold Townley to authorize the Supervisor to sign a contract with Command Security for Court Security for two (2) days per week at a rate of $18.00 per hour, subject to a four (4) hour minimum and subject to the approval of the Town Attorney as to form and content of the Contract. Roll Call: Ayes – all; Noes – none. Carried.
The Town is looking to provide a maintenance agreement for computer services for the Town Hall.
07:36: Authorize a maintenance agreement for 2007 with E-Nable Business Solutions for computer services at a cost not to exceed $7,858.32.
07-37: A motion was made by Harold Townley and seconded by Mary Beth Hynes to table 07-36 regarding the maintenance agreement for 2007 for computer services since it is not ready for a vote. Roll Call: Ayes – all; Noes – none. Carried.
07-38: A motion was made by James Briaddy and seconded by Mary Beth Hynes to authorize the creation of one (1) full-time clerk position in the Building Department. Roll Call: Ayes – all; Noes – none. Carried.
07-39: Approve the Junk Yard License renewal application for Homer Cole of Goode Street
The Zoning Enforcement Officer, Anton Rohrmeier, is on vacation and the Town does not have a recommendation to approve/disapprove the Junk Yard License renewal for Homer Cole of Goode Street.
07-40: A motion was made by James Briaddy and seconded by Mary Beth Hynes to table the motion (07-39) regarding the approval of the Junk Yard License renewal for Home Cole. Roll Call: Ayes – all; Noes – none. Carried.
07-41: A motion was made by Mary Beth Hynes and seconded by Harold Townley to renew the contract with Community Development Resources for Grant Writing Services for 2007. Roll Call: Ayes – all; Noes – none. Carried.
A motion to adjourn the meeting was made by James Briaddy and seconded by Harold Townley. Carried.
Respectfully submitted,
Muriel K. Swatling
Town Clerk