The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, December 4, 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 Harold Townley that the minutes from the October special meeting, public hearings, and November regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.
Building Inspector Thomas Johnson, Highway/Water Superintendent Joseph Whalen, Board of Ethics Chairman Robert Russell, Dog Control Officer John Christopher, Deputy Dog Control Officer Thomas Shambo, Supervisor Raymond Callanan and Town Clerk Muriel Swatling presented reports for the month of November, and they are on file in the Town Clerk’s office.
Supervisor Callanan reported that the Town’s Water System has been inspected, and it passed with flying colors. He also reported that there will be a Saratoga County Planning and Zoning Conference held on January 30, 2008. The Town will cover the cost of any Board members or Town employees attending this conference.
Supervisor Callanan presented his financial report for November.
A motion was made by Harold Townley and seconded by Robert Boice to approve the Supervisor’s report as presented. Roll Call: Ayes – all; Noes – none. Carried.
Arnold Palmer asked what a public hearing was for. Supervisor Callanan replied that it was to explain the issue the public hearing is pertaining to and receive input on that issue. Mr. Palmer states that he officially objects to the boundary lines on the Ballston Lake Overlay District map. He feels that that the wording of the district should be drawn up before the map is formulated. Mr. Palmer also feels that this item should be tabled until the wording is established. How are you going to pay for the district? The Town ran out of money because Devil’s Lane wasn’t paved this year.
Supervisor Callanan informed Mr. Palmer that the Town did not run out of money.
Supervisor Callanan explained that the Town has to protect the Lake and so the Ballston Lake Overlay District was formed. The Town needs to start somewhere. It is better to prevent the Lake from becoming polluted than to try to fix it after it does become polluted.
Mr. Palmer explained that the Lake wasn’t first and foremost for him. He swam in the Lake with the snakes and the weeds. Mr. Palmer also asked about a water source in the Town to be used to supply water to the Town residents.
Supervisor Callanan explained that Ballston Lake has been looked at as a source for water but if the water is pumped out of the Lake, it doesn’t replace itself fast enough. Mr. Callanan also stated it is hard to purify this water. Mr. Palmer then asked about the test drillings they had done on the Palmer property on Charlton Road. Supervisor Callanan replied that they didn’t provide enough water to supply the Town.
Merrill McColl asked about the Water Agreements with the Town of Glenville and Saratoga County Water Authority. Don’t we have a problem with having two agreements? The reply was that it is in the hands of the Attorneys.
Mr. McColl then asked about the Saratoga County Board of Supervisors in regard to this problem. Mr. Callanan stated that this is not an issued for the Board of Supervisors.
Mr. McColl asked if this isn’t a problem that we have two sources. He also asked about the rights-of-way.
Supervisor Callanan said there are about a dozen and they will be taken by eminent domain.
It was then asked if that was a lengthy process. Attorney Pott stated that it was not too long a time period.
Nancy Cappiello asked how the people within the boundaries of the watershed district would be affected.
Arnold Palmer said it would be downright dirty and nasty. There will be more stringent regulations.
Mary Beth Hynes stated that the language is being worked on. The Town wants to keep the lake in good shape before it gets to the point where it can’t be fixed.
Councilman Boice said that some of the properties within the boundaries don’t drain into Ballston Lake but into the Mourningkill.
Margaret Katz feels that everyone in the Town should have to pay for the watershed district not just the people within the boundaries of the district.
Councilwoman Hynes replied that this is not a taxing district.
Mrs. Katz said that this is a burden and the lake people have enough.
Arnold Palmer stated that the Town will have to pay for the enforcement of the regulations.
Nancy Cappiello said that the Town keeps putting more restrictions on the land. By doing that, the property owners can’t do what they want.
Nicholas Cristy said that he will not be here on December 27 so he wanted to say thank you to Supervisor Callanan and Councilmen Townley and Boice for the time they put in over the years.
The following items were presented for discussion and action.
New York State is going to be doing bridge construction on Route 67 by Curtis Lumber. They have requested permission to use Underpass Road as a detour during the construction period.
07-127: A motion was made by Robert Boice and seconded by Harold Townley to authorize New York State Department of Transportation to use Underpass Road as a temporary detour during bridge construction on Route 67. Roll Call: Ayes – all; Noes – none. Carried.
07-128: A motion was made by James Briaddy and seconded by Harold Townley to authorize a loan of $1,000.00 from the General Fund for ninety (90) days at 4% interest for Fire Protection District #2 (Round Lake) due to the fact that Fire Protection District #2 was underfunded in the 2007 Budget. Roll Call: Ayes – all; Noes – none. Carried.
Due to holidays, the meeting dates for the December agenda meeting and January regular meeting need to be changed.
07-129: A motion was made by Mary Beth Hynes and seconded by Harold Townley to approve the change of date for the December agenda meeting from December 25th to December 27th and the January regular meeting from January 1st to January 3rd. Roll Call: Ayes – all; Noes – none. Carried.
07-130: A motion was made by James Briaddy and seconded by Harold Townley to approve the following resolution establishing the Town of Ballston Town Board as lead agency under SEQRA for the review of the petition for extension #19 to the Burnt Hills-Ballston Lake Water District No. 2 and determination of significance under SEQRA. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, a petition for the creation of Extension No. 19 to the Burnt Hills-Ballston Lake Water 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 this Town Board; and
WHEREAS, a long Environmental Assessment Form ("EAF") and accompanying materials were received by the Town Board relative to the Extension and related approval of the Stonebridge Mixed Use Residential Planned Unit Development District (the "PUD District"); and
WHEREAS, the Board exercised due diligence in identifying all other potentially involved agencies, and on November 2, 2007 duly transmitted notice of its intention to establish itself as lead agency for the Project, accompanied by the Petition, to the New York State Department of Environmental Conservation ("NYSDEC") and the New York State Department of Health ("NYSDOH"); and
WHEREAS, NYSDEC, by letter to the Board dated November 6, 2007; concurred with the establishment of the Board as lead agency for review of the action; and
WHEREAS, NYSDOH, by letter to the Board dated November 26, 2007; concurred with the establishment of the Board as lead agency for review of the action; and
WHEREAS, the Board has reviewed the Petition, and has considered the potential environmental impacts of the proposed action against the criteria in 6 NYCRR Section 617.7;
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby
declares that the Project is an Unlisted action under SEQRA; and
declares that it is lead agency for this action; and
finds and declares that the proposed action will not result in any significant adverse environmental impacts; and
authorizes the issuance of a "Negative Declaration" in the form attached hereto and incorporated hereby; and
authorizes the Board or its designee to execute (a) page 1 of the EAF, (b) Part II of the EAF, and (c) if necessary, Part III of the EAF; and
authorizes and directs the Town Clerk to publish and/or mail all notices required under SEQRA.
07-131: A motion was made by James Briaddy and seconded by Robert Boice to approve
the following resolution establishing Extension #19 to the Burnt Hills-Ballston Lake Water District No. 2. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, a petition for the creation of Extension No. 19 to the Burnt Hills-Ballston Lake
Water 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 this Town Board; 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. 19 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 2nd day of October, 2007 calling 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 30th day of October, 2007 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, Decision on said matter was reserved to the Town Board Meeting of November 8, 2007
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:
(b) That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
(c) That all property and property owners within the proposed Extension are benefited thereby;
(d) That all property and property owners benefited are included within the limits of the proposed Extension.
(e) That it is in the public interest to establish the proposed Extension.
(f) That the first year cost of full operation and debt payment, if any, for a typical one family or two family home is less than 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. 19 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. 19 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 improvements to prepare a propose contract for execution of the work.
Section 4. All costs of said improvement shall be paid as follows: The expense of the construction of the Extension and any district charges shall be assessed, levied and collected from the several lots and parcels of land within the water District as set forth in Section 202 of the Town Law. Expenses of maintenance of the District shall be paid by sums collected pursuant to Section 202a 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 N. 19 to the Burnt Hills-Ballston Lake Water District No. 2.
Section 8. This resolution shall take effect immediately.
07-132: A motion was made by Mary Beth Hynes and seconded by Harold Townley to approve the following resolution approving the escrow account for Burnt Hills-Ballston Lake Water District No. 2, Extension #19 (Stonebridge Development). Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, the Burnt Hills-Ballston Lake Water District No. 2 has been heretofore existing under the Town Law of the State of New York and within the Town of Ballston, County of Saratoga, State of New York; and
WHEREAS, the Town Board of the Town of Ballston has heretofore established Extension No. 19 to the Burnt Hills-Ballston Lake Water District No. 2; and
WHEREAS, the developer of lands within the said Extension No. 19 to wit: New York Development Group LLC, is to fund the costs of construction of the said water system within the aforesaid Extension No. 19 and has presented to the Town Attorney, an escrow agreement to provide for such financing and the Town Attorney has approved such agreement as to form and content; and
WHEREAS, the aforesaid agreement is now presented to the Town Board for acceptance and execution by the Town of Ballston on behalf of it and Burnt Hills-Ballston Lake Water District No. 2.
NOW, THEREFORE, BE IT RESOLVED, that the Supervisor, Raymond Callanan, be and he is hereby authorized to execute the aforesaid agreement on behalf of the Town of Ballston and the Burnt Hills-Ballston Lake Water District No. 2
07-133: A motion was made by James Briaddy and seconded by Robert Boice that the following resolution be approved determining the significance under SEQRA and approval of action by the Town of Ballston Town Board regarding Stonebridge Mixed Use Residential Planned Unit Development. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, an Application for approval of the Stonebridge Mixed Use Residential Planned Unit Development District ("PUD District") in the Town of Ballston, County of Saratoga, State of New York, was presented to this Town Board; and
WHEREAS, a long Environmental Assessment Form ("EAF") and accompanying materials were received by the Town Board; and
WHEREAS, the Board has reviewed the Application, and has considered the potential environmental impacts of the proposed action against the criteria in 6 NYCRR Section 617.7;
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, that the Town Board of the Town of Ballston, County of Saratoga, New York hereby:
declares that the Project is a Type I action under SEQRA; and
declares that it is lead agency for this action; and
finds and declares that the proposed action will not result in any significant adverse environmental impacts; and
authorizes the issuance of a "Negative Declaration" in the form attached hereto and incorporated hereby; and
authorizes the Board or its designee to execute (a) page 1 of the EAF, (b) Part II of the EAF, and (c) if necessary, Part III of the EAF; and
authorizes and directs the Town Clerk to publish and/or mail all notices required under SEQRA; and
approves the application to establish the Stonebridge Mixed Use Residential Planned Unit Development District; and
declares that this resolution shall take effect immediately.
07-134: A motion was made by Mary Beth Hynes and seconded by Harold Townley to
approve proceeding with the installation of 2,100 feet of water main on Scotchbush Road. Roll Call: Ayes – all; Noes – none. Carried.
The Town of Ballston places flags on poles belonging to National Grid each year from Memorial Day to Veterans’ Day. The Town has to renew an agreement with National Grid to do so.
07-135: A motion was made by Harold Townley and seconded by Robert Boice to authorize an agreement with National Grid for pole attachments. Roll Call: Ayes – all; Noes – none. Carried.
07-136: A motion was made by Mary Beth Hynes and seconded by James Briaddy to reappoint David Gillan to the Board of Assessment Review for a term commencing October 1, 2007 and ending September 30, 2012. Roll Call: Ayes – all; Noes – none. Carried.
07-137: A motion was made by Harold Townley and seconded by James Briaddy to approve the following resolution honoring Knight Orchards for one hundred (100) years of business in the Town of Ballston Community. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, one hundred years ago brothers Clarence and John Russell Knight moved from Round Lake and bought a dairy farm in the Town of Ballston, and
WHEREAS, beginning in 1919 the Knight brothers transformed the former dairy farm into an orchard, planting large blocks of apple trees, as well as raspberry plants and strawberry plants, and
WHEREAS, this orchard on Goode Street in the Town of Ballston has been owned and operated by the Knight family for four generations, and has provided the Town with outstanding apples, cider, pies, and other farm products for that time, and
WHEREAS, Jerry Knight, grandson of original owner Clarence Knight, along with Jerry’s sons Jeremy and Josh Knight, continue to operate the orchard with the kind of innovation, creativity, perseverance, and plain hard work that makes Ballston proud to have this business in our community, and
WHEREAS, the Town Board of the Town of Ballston wishes to recognize this long-standing local business in its 100th year of operation, and to thank Knight Orchards for its many contributions to our entire community, now, therefore, be it
RESOLVED, that the Town Board of the Town of Ballston recognizes Knight Orchards and its owners in its 100th year of operation, and thanks them for their many contributions to our entire community, for preserving our rural heritage in a time when it is increasingly difficult for such enterprises to survive, and for projecting a positive image of the Town of Ballston within and beyond our borders to the many people who travel to the Orchard throughout the year.
07-138: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the following resolution honoring Richard E. Reynolds for receiving Certification of Registered Historian by the Association of Professional Historians of New York State. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, Richard E. Reynolds has been Historian for the Town of Ballston since April 15, 2004, and
WHEREAS, during the course of his tenure as Historian, Mr. Reynolds has written and lectured extensively about the Town of Ballston and its history, and
WHEREAS, Mr. Reynolds has recently been awarded the certification of Registered Historian by the Association of Professional Historians of New York State, and
WHEREAS, with this award Mr. Reynolds joins a select few who have been similarly recognized, as one of about 70 of the 1600 public historians in the State to be so certified, and
WHEREAS, in order to qualify for this award Mr. Reynolds was required to show expertise in research and writing; teaching and public presentations; historic advocacy; and organization and advocacy, and
WHEREAS, Mr. Reynolds was also required to show continuing attendance at conferences and meetings at which the craft of an historian is improved and where new ideas are introduced and explored, and
WHEREAS, Mr. Reynolds also submitted a dossier of at least 50 pages in length as part of the application process, and
WHEREAS, the Town of Ballston Town Council wishes to congratulate Mr. Reynolds on this achievement, and further wishes to demonstrate its support of Mr. Reynolds’ efforts to preserve the history of our Town; now, therefore, be it
RESOLVED, that the Town of Ballston Town Council extends its congratulations to Richard E. Reynolds for his recent certification as Registered Historian by the Association of Professional Historians of New York State, and thanks Mr. Reynolds for his tireless efforts to preserve the history of our town. This prestigious certification is an honor to Mr. Reynolds and having our Historian possess this credential is a point of pride for the Town of Ballston.
07-135: A motion was made by Harold Townley and seconded by Robert Boice to approve the following resolution honoring Carney’s Restaurant on twenty-five (25) years of business in the Town of Ballston community. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, in 1982, Bob and Rosemary Carney leased a building at 17 Main Street, Ballston Lake, in the Town of Ballston. After several months of renovation, the Carneys opened a bar for business on October 18, 1982, and
WHEREAS, over time Carney’s Tavern transformed itself from a pub into a pub and restaurant, offering lunches and dinners, and in time banquets in two upstairs rooms, and
WHEREAS, local non-profit organizations are welcomed to use the banquet rooms for meetings free of charge, when the rooms are available, providing service to the Ballston community, and
WHEREAS, the Carney family continues to work in the business on a daily basis. In addition to founders Bob and Rosemary Carney, one of their sons, Alexander Carney, runs the kitchen, and
WHEREAS, Carney’s Tavern has employed a number of local residents throughout the years and has thereby benefited our local economy, and
WHEREAS, the Town Board of the Town of Ballston wishes to recognize and honor Carney’s Tavern and Bob and Rosemary Carney in this, their 25th year of business; now, therefore, be it
RESOLVED, that the Town Board of the Town of Ballston recognizes and honors Carney’s Tavern, and Bob and Rosemary Carney, in this silver anniversary year of business, and finds that they are a credit to our small community, having provided a warm atmosphere, excellent food, steady employment for a number of local residents, and having helped to project a positive image of our Town to the many people who visit Carney’s Tavern each year.
The Town has to hold a public hearing on illicit discharges as they relate to the Stormwater Management Plan.
07-140: A motion was made by Mary Beth Hynes and seconded by Harold Townley to set a public hearing concerning illicit discharges relating to the Stormwater Management Plan for Thursday, December 27, 2007 at 7:00 p.m. Roll Call: Ayes – all; Noes – none. Carried.
07-141: A motion was made by James Briaddy and seconded by Robert Boice to table the motion to approve the boundaries and the map for the Ballston Lake Overlay District. Roll Call: Ayes – all; Noes – none. Carried.
The Town has formulated an Emergency Operations Plan and has held a public hearing on the same.
07-142: A motion was made by Robert Boice and seconded by Mary Beth Hynes to approve the Town of Ballston Emergency Operations Plan. Roll Call: Ayes – all; Noes – none. Carried.
07-143: A motion was made by Harold Townley and seconded by Mary Beth Hynes to set a public hearing on proposed Sections 91 and 92 of the Code of the Town of Ballston for Thursday, December 27, 2007 at 7:10 p.m. Roll Call: Ayes – all; Noes – none. Carried.
07-144: A motion was made by Harold Townley and seconded by James Briaddy to set a public hearing on the proposed map for the Ballston Lake Overlay District and MS4 Region for Thursday, December 27, 2007 at 7:20 p.m. Roll Call: Ayes – all; Noes – none. Carried.
A motion was made by Harold Townley and seconded by Robert Boice to adjourn the meeting. Carried.
Respectfully submitted,
Muriel K. Swatling
Town Clerk