The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, May 1, 2007. 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. Following the Pledge of Allegiance, a Moment of Silence was observed for the Troops in Iraq.
Highway 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 April, and they are on file in the Town Clerk’s Office.
Highway Superintendent Whalen reported that the generator is set to be installed tomorrow and it should be wired in about a week. He also stated that the Town will be receiving $58,000. in CHIPS money.
Thomas Schottman from the Library Board of Trustees reported that the Library received a $10,000 member item grant from Senator Farley. A list is being made of repairs, painting; etc. that the grant money will be used for. There are continuing computer courses being held. Author Paul Grondahl will present a program on May 2 discussing the fine art of writing about the lives of people.
Supervisor Callanan reported that the roadside Clean Up Day will be held May 5. The Bulk Trash Pick Up will be held the week of May 14th. The Town along with neighboring towns will hold a Household Hazardous Waste Day on August 11th. The Village of Ballston Spa Memorial Day Parade will be held on Saturday, May 26, 2007.
Supervisor Callanan submitted his financial report for the month of April.
A motion was made by James Briaddy and seconded by Harold Townley to approve the Supervisor’s report. Roll Call: Ayes – all; Noes – none. Carried.
Mrs. Ann Pierce asked if Chapter 91 had been put back into the Town Code. Supervisor Callanan replied that it had not because it didn’t fit. Mrs. Pierce then asked if the Stormwater Management Person had been put in place. The reply was no.
Mr. Paul Hill stated it was ridiculous that the Town Board voted to sign a contract with the Saratoga County Water Authority to purchase water from the County. Mr. Hill asked why each council member voted in favor.
Councilman Townley stated he read the report which stated that it was a better quality water than we have now. It will also save the Town money. The water we are now using is very hard and everything is covered in calcium. If a water softening system has to be purchased, it adds to the cost of the water.
Councilman Boice said he feels the same as Mr. Townley.
Supervisor Callanan said it is a pristine water source, and it is a regional solution for Saratoga County. The cost of the system is $67, 000, 00 and at the present time it is half-funded with grant money.
Councilwoman Hynes stated she feels the same as the others.
Toni Serafini feels that the vote was completely unacceptable. It should have been put to a public vote. The Hudson River is contaminated. She stated that the residents are going to be poisoned by the river water.
Councilwoman Hynes responded that the Town is not knowingly going to poison its residents. People are using scare tactics.
Ms. Serafini why are the residents going to use this water if it is not good enough for the chip factory to use. The residents did not receive any information regarding the vote on this issue.
Attorney Pott replied that this is a County project and there were public hearings and public forums.
Ms. Serafini asked why the Town didn’t stay with Glenville.
Attorney Pott asked where do we get water if the Town of Glenville says no. At this point, the Town of Ballston has no alternative source of water.
Ms. Serafini asked where does the money come from and where does this save money.
The reply was that the money comes from the water users. The cost of the County Water Project is less than what we pay now. Our system is older and if there are maintenance problems, the money saved on purchasing water can be used to provide maintenance without an increase to the water users.
Polly Windels said that at not one of the meetings was there a discussion of the vote to sign a contract with the County for water. There is a clear majority against the Saratoga County Water System. There was no information in the Newsletter regarding this project.
Gina Marozzi asked what the savings are. Supervisor Callanan stated there is no ad valorem.
Lee-Ann Mertzlufft stated that the water we have now is not good and she is glad there is a solution.
John Ogle asked if the price for the County is more than we now pay.
Supervisor Callanan stated that the contract price is less than we now pay. The more users there are, the less the rate.
Frances Cappiello said that the pumping system and purification cost money. If AMD doesn’t come in, who will be paying for this. We are the government, so we will be paying for it. Everything will cost more.
John Ogle asked what it would cost to do a non-binding poll.
Ann Pierce stated we are past doing the poll.
Councilwoman Hynes stated that she voted in favor of the County Water System because of the financial reasons and not AMD.
Frances Cappiello stated that the government would take the land by eminent domain.
Supervisor Callanan responded that the Town only has two rights-of-way to obtain.
Arnold Palmer asked where does he get free money. He felt the water project was not advertised enough. When will they start digging? Everyone wants more money…
Frank Shipp stated he feels the Town’s website needs to be updated. It would help to have the format brought up to date.
Councilwoman Hynes replied she would like to update the website. It needs to get done.
David Stern said that Malta’s rate for water is $5.00/1,000 gals. Malta has not signed on.
Supervisor Callanan stated that the County has the paperwork comparing the water systems. The purity was figured on raw water from the Hudson River and raw water from the Town of Glenville.
Jim Legnante said that the sewers were turned down, and he would like to have sewers. He would like to applaud the Town Board for the stand they took.
Ms. Serafini asked if an environmental study was done. Supervisor Callanan replied yes.
Mrs. Legnante said that the water has to be treated and it is all regulated by the State.
Supervisor Callanan replied that there are lots of regulations.
Gina Marozzi asked if Supervisor Callanan has taken the NIMS courses. Supervisor Callanan answered yes; he has taken some on-line and he will be taking more.
Saratoga County has a plan in place for reverse 911. In case of an emergency, calls can be made to residents alerting them to that fact. Highway Superintendent Joseph Whalen would be the head of that project.
07-56: A motion was made by Harold Townley and seconded by Robert Boice to approve the Saratoga Plan for Reverse 911. Roll Call: Ayes – all; Noes – none. Carried.
A turning lane will be installed on Route 50 by Specialty Silicones. This will involve multi-model funding and engineering and design work.
07-57: A motion was made by Harold Townley and seconded by James Briaddy to approve the following resolution, a resolution authorizing the construction of a turning lane on State Route 50, authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $798,000. of the Town of Ballston, Saratoga County, New York, pursuant to the Local Finance Law to finance said construction and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor. Roll Call: Ayes – all; Noes – none. Carried.
BE IT RESOVED, by the Town Board of the Town of Ballston, Saratoga County, New York as follows:
SECTION 1. The specific purpose (hereinafter referred to as "purpose") to be financed pursuant to this resolution is the construction of a southbound turning lane on State Route 50 at McCrea Hill Road in the Town of Ballston. The estimated maximum cost of said purpose, including preliminary costs and costs incidental thereto and the financing thereof, will not exceed $798,000. and said amount is hereby appropriated therefore.
SECTION 2. The Town Board plans to finance the Town’s maximum estimated cost of said purpose by the issuance of $798,000 serial bonds and/or bond anticipation notes of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. The Town Board expects to finance the cost of said purpose by the receipt of a grant through the New York State Department of Transportation ("DOT").
SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 20 of paragraph (a) of Section 11.00 of the Local Finance Law and the period of probable usefulness of said purpose is fifteen (15) years.
SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.
SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five (5) years.
SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.
SECTION 8. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
SECTION 9. The Town Board hereby determines that the construction of a southbound turning lane on State Route 50 at McCrea Hill Road is a Type II action and, therefore, no other determination or procedures under the State Environmental Quality Review Act ("SEQR") are required.
SECTION 10. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
(1) (a) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or
(2) Said obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 11. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in The Daily Gazette, a newspaper having a general circulation in the Town of Ballston in the County of Saratoga, and hereby designated as the official newspaper of said Town for such publication.
SECTION 12. The expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town’s General fund. The Town then reasonably expects to reimburse such expenditures, as required by the United States Treasury Regulations, Section 1.150-2.
SECTION 13. This resolution shall take effect immediately upon its adoption.
07-58: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the agreement with C. T. Male for engineering and design on the Specialty Silicone Products turning lane. Roll Call: Ayes – all; Noes – none. Carried.
Proposed changes have been made to Section 138-11.3 and Section 138-11.5 of the Town Code. A public hearing has to be held on these changes.
07-59: A motion was made by James Briaddy and seconded by Harold Townley to set a public hearing for changes to Site Plan Sections 138-11.3 and 138-11.5 for May 29, 2007 at 7:00 p.m. Roll Call: Ayes – all; Noes – none. Carried.
07-60: A motion was made by James Briaddy and seconded by Harold Townley to authorize a contract with e-Nable Business Solutions for computer and voice support for one (1) year at a cost of $3,616.00. Roll Call: Ayes – all; Noes – none. Carried.
07-61: A motion was made by Robert Boice and seconded by James Briaddy to authorize a contract with Iannello and Reilly, Attorneys, for Planning and Zoning services, through December 31, 2007, at a prorated cost of $18,000. per year. Roll Call: Ayes – all; Noes – none. Carried.
The Highway Department is in need of a new pick-up truck.
07-62: A motion was made by Robert Boice and seconded by James Briaddy to authorize the purchase of a 2007 Ford Pick-up truck at a cost of $31,638.12. Roll Call: Ayes – all; Noes – none. Carried.
The Burnt Hills-Ballston Lake School District has requested permission for use of four of the Town’s voting machines for their Budget Vote to be held May 15th.
07-63: A motion was made by Robert Boice and seconded by James Briaddy to authorize the use of four (4) voting machines by the Burnt Hills-Ballston Lake School District for the May 15, 2007 Budget Vote and the services of Voting Machine Custodian Charles Hildreth. All related cost is to be born by the School District. Roll Call: Ayes – all; Noes – none. Carried.
07-64: A motion was made by James Briaddy and seconded by Harold Townley to approve Local Law No 4 of the year 2007 changing the Water Regulations to include the cost of the flag attachment to the fire hydrants to be paid by the developer. Roll Call: Ayes – all; Noes – none. Carried.
The Town has to hold a public hearing on the proposed Stormwater Management Report.
07-65: A motion was made by James Briaddy and seconded by Mary Beth Hynes to set a public hearing for May 29, 2007 at 7:15 p.m. to consider the Stormwater Management Program. Roll Call: Ayes – all; Noes – none. Carried.
07-66: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve Local Law No. 5 of the year 2007 amending the Town Code by adding the requirement for professional engineering services in designing new and replacement septic systems. Roll Call: Ayes – all; Noes – none. Carried.
07-67: A motion was made by Mary Beth Hynes and seconded by Harold Townley to approve Local Law No. 6 of the year 2007 to establish a second alternate position for the Planning Board pursuant to Town Law Section 271 and to establish a second alternate position for the Zoning Board of the Appeals pursuant to Town Law Section 267. Roll Call: Ayes – all; Noes – none. Carried.
07-68: A motion was made by James Briaddy and seconded by Mary Beth Hynes to authorize Assessor June Maniacek to attend the annual School for Assessors in Ithaca, New York from July 16 to July 20, 2007. Roll Call: Ayes – all; Noes – none. Carried.
Training requirements have been established for members of the Planning Board and the Zoning Board of Appeals.
07-69: A motion was made by Robert Boice and seconded by Harold Townley to approve the annual training requirements for members of the Planning Board and the Zoning Board of Appeals. Town Law Sections 267 and 271 will be met by their attendance at the May 7, 2007 School at Hudson Valley Community College. Roll Call: Ayes – all; Noes – none. Carried.
There is a bill in the Assembly and Senate regarding Workers Compensation reform. One of the items proposed is to increase the maximum weekly benefit for total disability. There is no indication that this benefit increase relates to volunteer firefighters or volunteer ambulance personnel. The Town is being asked to request the State Legislature to include amendments to the VFBL and VAWBL to grant the same increases to volunteers as proposed for workers.
07-70: A motion was made by James Briaddy and seconded by Harold Townley to support the amendments to the VFBL and the VAWBL to grant the same Workers Compensation benefits to volunteer emergency service personnel as to workers. Roll Call: Ayes – all; Noes – none. Carried.
07-71: A motion was made by James Briaddy and seconded by Mary Beth Hynes to endorse the National Incident Management Systems (NIMS) as the Town’s Emergency Planning Platform and designate the Supervisor as the Town Emergency Coordinator. Roll Call: Ayes – all; Noes – none. Carried.
Frank Shipp asked if the Stormwater Management Person was in place. He also asked if the Town was dealing with Blue Neils at the County. The reply was that the Stormwater Management Person is not in place and yes we are dealing with Blue Neils. He was also informed that C. T. Male is working on the Stormwater Management Program.
A motion to adjourn the meeting was made by James Briaddy and seconded by Harold Townley.
Respectfully submitted,
Muriel K. Swatling
Town Clerk