The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, July 1, 2008 at the Town Hall on Charlton Road. Members present were Supervisor Patricia Southworth, Councilman Timothy Szczepaniak, and Councilwomen Mary Beth Hynes and Kimberly Ireland. Also present were Town Attorney Murry Brower and Town Clerk Muriel Swatling. Absent was Councilman James Briaddy.
Supervisor Southworth 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 Kimberly Ireland that the minutes of the Bid Opening, May special meeting and the June regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.
The Town Clerk read the following letters. The first was from County Administrator, David Wickerham stating that the mileage rate is being increased to $0.585 as of July 1, 2008. The next letter was from Carol Holley, Director of Saratoga County Real Property Tax Services informing the Town that the Cold War Veteran’s Exemption will become applicable for 2010 Town and County taxes. The last letter was a letter from Planning Board member Richard Wood submitting his resignation effective June 9, 2008.
Library Trustee Thomas Schottman gave the Library report for the month of June, and it is on file in the Town Clerk’s office.
Robert Bryant of the Charlton Snowmobile Club submitted a letter asking permission to use the Niagara-Mohawk right-of-way near Eastline Road to get from one trail to another.
Jamie O’Neill of the Saratoga County Planning Dept. was present to explain the New York State Department of Agriculture and Markets Municipal Farmland Protection Grant Program. It is on a first come, first serve basis. There is a total of $825,000 available for municipalities across New York State to develop and begin implementation of a farmland protection plan.
Councilwoman Hynes stated that would be a way to get funding to take an inventory of Town of Ballston lands already in agriculture. That was one of the suggestions in the Comprehensive Plan but funds were not available at the time.
Councilwoman Hynes reported that she is a member of the Saratoga County Autism Committee. They are putting out a book showing what resources are available and where to find
these resources. The book will be available at the Town Hall and other areas throughout the County.
Building Inspector Thomas Johnson, Highway/Water Superintendent Joseph Whalen, Dog Control Officers John Christopher and Thomas Shambo, Supervisor Patricia Southworth and Town Clerk Muriel Swatling submitted reports for the month of June, and they are on file in the Town Clerk’s office.
Supervisor Southworth reported that the Ballston Area Community Center presented a plaque to the Town for their help with the new playground. Supervisor Southworth informed the Board that she had volunteered the Town of Ballston to play a basketball game against the Village of Ballston Spa to help raise money for BACC. This will help show support for the north side of the community.
The Family Fun day was a great day. The Saratoga County Fair will be held July 15 through July 20. Please attend and support the work that has been done. The public comment period for the BLOD will be open until July 12, 2008.
Councilman Szczepaniak said that he was impressed with the number of volunteers (well over 100) that helped with the playground equipment installation for Ballston Area Community Center. He stated a lot of it was heavy duty playground equipment.
A motion was made by Timothy Szczepaniak and seconded by Kimberly Ireland that the Supervisor’s report that was submitted for the month of June be approved. Roll Call: Ayes – all; Noes – none. Carried.
Paul Simpson asked who the members of the Emergency Operations Committee are. Supervisor Southworth said that the organizations asked that they be allowed to have more than one representative so that there will be someone available to attend the meetings. As it looks now, the meetings will probably be on Wednesdays.
Merrill McColl offered his services to help with the Ballston Lake Overlay District. He said that in the ‘60’s, septic was running into Ballston Lake. Scuba divers went into the lake and plugged the sewage systems. Core samples were taken in the lake and streams. Mr. McColl said his copy of the data is long gone but he knows the processes that were completed.
Linda Lambert said she is glad to see that the Town is doing things with the Village of Ballston Spa. The Mayor is quite a sport. She asked if Assemblyman Tedisco has been asked to play on a team. Supervisor Southworth said he was asked to be a referee if his schedule allows.
Bob Bryant of the Charlton Snowmobile Club asked if the Town could ask Assemblyman Tedisco to restore the money in the budget for snowmobile trails; otherwise, there will be no money for trail grooming. Each snowmobile registrant pays $35.00 and it is put into a fund to be used for trail maintenance only. When the State balanced the budget, it took money from that fund. One of the members of the audience felt the money had already been restored. Councilwoman Ireland will look into this to see if that is the case.
Arnold Palmer asked about the names of property owners he provided to be looked at regarding inclusion in the BLOD. Why did Kathryn Serra say she just got them when they were e-mailed to her on June 4.
Councilwoman Hynes replied that when the public hearing is over, the Town will look at the boundary and discuss.
Mr. Palmer feels that the BLOD should go to a vote of the residents included in the proposed district.
Mr. Palmer then asked if the Zoning Review Committee meetings are open to the public. It was replied that they are open to the public. Mr. Palmer said that there are some new building lots that have been created and there is no stormwater management. If there is no stormwater management, the water gets pushed onto someone else’s land.
Paul Simpson said that is a perfect reason to pursue the overlay district.
The following items were presented for discussion and action.
08-83: A motion was made by Kimberly Ireland and seconded by Mary Beth Hynes to appoint the following Zoning Committee to review potential concerns of Zoning and Planning: Kimberly Ireland (Town Board), Murry Brower (Town Attorney – non- voting), Thomas Johnson (Building Inspector – non-voting), Michael Lesniak (ZBA), Michael Groves (ZBA), Richard Doyle (Planning Board), John VanVorst (Planning Board), Richard Kinney, Alfred Shadow and Jerold Knight (Public at Large). Roll Call: Ayes – all; Noes – none. Carried.
08-84: A motion was made by Timothy Szczepaniak and seconded by Mary Beth Hynes to approve the following resolution regarding the application for the Quick Start Arbor Day Grant. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, the New York State Department of Environmental Conservation (DEC) is committed to implementing a successful Urban and Community Forestry Program, and is offering $1000 in funding through the "Quick Start Arbor Day Grant" program to small communities to initiate a tree program with no matching fund requirement, and
WHEREAS, the Town of Ballston is desirous of filing an application for funding to offset the cost of purchasing trees to plant throughout the Town in recognition of Arbor Day, 2009, and
WHEREAS, The Town of Ballston Arbor Day Project will include the purchase and planting of several trees on municipal properties or right of ways throughout the Town, and
WHEREAS, an Arbor Day Celebration subcommittee will work with a tree specialist to determine the best-suited species and appropriate locations, and grant funded planting activities will take place as part of an Arbor Day Celebration to be planned in advance by Town officials and local volunteers.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Ballston approves the submission of an application for $1000 in funding, offered through the Urban and Community Forestry "Quick Start Arbor Day Grant" program.
BE IT FURTHER RESOLVED, that Town Councilman Timothy Szczepaniak will be the contact person for this grant.
BE IT FURTHER RESOLVED, the honorable Patricia Southworth, Supervisor of the Town of Ballston, is authorized to act on behalf of the Town of Ballston in all matters related to this grant submission and financial assistance, and is authorized to sign, certify and file the application for funding.
The Highway Department went out to bid for a multi-use dump body and on spot chains.
08-85: A motion was made by Kimberly Ireland and seconded by Timothy Szczepaniak to accept the bid of T & T Sales in the amount of $37,090. for the purchase of a multi-use dump body and on spot chains. Roll Call: Ayes – all; Noes – none. Carried.
Zoning Board member, Richard Wood, submitted his letter of resignation from the Zoning Board effective June 9, 2008.
08-86: A motion was made by Mary Beth Hynes and seconded by Kimberly Ireland to accept with regret the resignation of Richard Wood from the Zoning Board of Appeals effective June 9, 2008. Roll Call: Ayes – all; Noes – all; Carried.
08-87: A motion was made by Timothy Szczepaniak and seconded by Mary Beth Hynes to appoint Jan Van De Car, first alternate on the Zoning Board of Appeals to complete the unexpired term of Richard Wood commencing July 2, 2008 and ending December 31, 2014. Roll Call: Ayes – all; Noes – none. Carried.
08-88: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to appoint Timothy Northrup, second alternate on the Zoning Board of Appeals, as first alternate on the Zoning Board of Appeals for a term commencing July 2, 2008. Roll Call: Ayes – all; Noes – none. Carried.
08-89: A motion was made by Kimberly Ireland and seconded by Mary Beth Hynes to accept the $20,000. grant from State Senator Hugh Farley to be used for Town priorities. Roll Call: Ayes – all; Noes – none. Carried.
08-90: A motion was made by Timothy Szczepaniak to appoint an Emergency Operations Committee consisting of at least one representative of each service provider and Highway and Water Superintendent Joseph Whalen; Town Supervisor Patricia Southworth; Town Councilman Timothy Szczepaniak; and Deputy Supervisor George Seymour. Roll Call: Ayes – all; Noes – none. Carried.
The Town has to hold another public hearing for the proposed Scotchbush Road Water District because the cost of the project has increased since last Fall.
08-91: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to set a public hearing for the proposed Scotchbush Road Water District for 7:00 p.m. on Tuesday, July 22, 2008. Roll Call: Ayes – all; Noes – none. Carried.
The Route 50 turning lane project by McCrea Hill Road is progressing.
08-92: A motion was made by Mary Beth Hynes and seconded by Kimberly Ireland to declare the Town of Ballston lead agency for the SEQRA process for the Route 50 turning lane installation at McCrea Hill Road. Roll Call: Ayes – all; Noes – none. Carried.
08-93: A motion was made by Timothy Szczepaniak and seconded by Kimberly Ireland to declare the Route 50 turn lane installation at McCrea Hill Road an unlisted action, and therefore, exempt from further review. Roll Call: Ayes – all; Noes – none. Carried.
The developer has presented the roads in Phase II of Chapel Hill to the Town for acceptance. Highway Superintendent, Joseph Whalen, reported that the punch list has been completed, and the roads can be accepted.
08-94: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to accept the roads in Phase II of Chapel Hill, contingent upon the completion of the punch list and the Bond Agreement will be increased by 25% and reviewed annually. Roll Call: Ayes – all; Noes – none. Carried.
The Town has received a request from Town resident, Patrick Fish, who resides on Eastline Road , to reduce the speed limit on Eastline Road, due to increased traffic and development.
08-95: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to forward a request to Saratoga County for a speed limit reduction on Eastline Road. Roll Call: Ayes – all; Noes – none. Carried.
Due to the increase in the price of gasoline, the Internal Revenue Service has made a special adjustment for the final months of 2008. Effective July 1, 2008 through December 31, 2008, the mileage rate is increasing to $0.585 per mile.
08-96: A motion was made by Mary Beth Hynes and seconded by Kimberly Ireland to approve an increase in the 2008 mileage reimbursement rate to $0.585 per mile effective July 1, 2008. Roll Call: Ayes – all; Noes – none. Carried.
The Charlton Snowmobile Club has requested the Town of Ballston sign a renewal form with Niagara Mohawk Power Corporation showing that the Town has no objection to the Charlton Snowmobile Club using a trail that goes across lands located in the Town of Ballston which are owned by Niagara Mohawk Power Corporation.
08-97: A motion was made by Timothy Szczepaniak and seconded by Kimberly Ireland to authorize the Supervisor to sign the Charlton Snowmobile Club’s renewal form that the Town does not object to the Charlton Snowmobile Club’s use of the proposed trail which uses land in the Town of Ballston owned by the Niagara Mohawk Power Corporation. Roll Call: Ayes – all; Noes – none. Carried.
Kyle Dieterle has applied for a Junk Yard License Renewal for property located at 551 Eastline Road, Ballston Spa. Zoning Enforcement Officer, Anton Rohrmeier stated it was all right to renew this license.
Linda Lambert, a neighbor of the Dieterle property, said that a section of fence in the back of the property was missing.
08-98: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to table the motion to renew the Junk Yard License of Kyle Dieterle of 551 Eastline Road, Ballston Spa. Roll Call: Ayes – all; Noes – none. Carried.
Councilwoman Ireland asked about offering insurance for the ambulance squads and fire departments. Maybe this would help attract volunteers. We should investigate this possibility.
As a follow up, it is noted that the sex offender that resided on Fireman’s Lane has moved from the area.
Arnold Palmer stated that some residents near the lake have to pay flood insurance. Do people in the overlay district have to pay overlay insurance? Make the builders follow steps to keep the runoff water from getting to the lake.
A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to adjourn the meeting at 8:40 p.m. Roll Call: Ayes – all; Noes – none. Carried.
Respectfully submitted,
Muriel K. Swatling
Town Clerk