The regular meeting of the Town Board of the Town of Ballston was held Tuesday evening, May 6, 2008 at the Town Hall on Charlton Road. Members present were Supervisor Patricia Southworth, Councilmen James Briaddy, Timothy Szczepaniak, Councilwomen Mary Beth Hynes and Kimberly Ireland. Also present were Town Attorney Murry Brower and Town Clerk Muriel Swatling.
Supervisor Southworth called the meeting to order at 7:30 p.m. and the Pledge of Allegiance was recited.
A motion was made by Kimberly Ireland and seconded by James Briaddy that the minutes of the March special meeting and April bid opening and regular meeting be approved. Roll Call: Ayes – all; Noes – none. Carried.
The Town Clerk read the following letters. The first was from the Commissioners of Elections of Saratoga County granting the change of the Polling Place for District 7 from Doubleday Woods to the Town of Ballston Town Hall. The next letter was from Assemblyman James Tedisco stating his office would review the Town’s resolution supporting the retention of the position of local tax collector. The third letter was from NYSDOT acknowledging receipt of the request for a speed limit reduction on Middleline Road, and they have initiated a study of this matter. The next letter was from Saratoga County Commissioner of Public Works designating CR110 (Blue Barns Road) a restricted highway as it is being reconstructed. The last letter was from Jane and Kenneth Robbins urging the Town to adopt the Ballston Lake Overlay District.
Robin Larkin was present to give a report regarding the Farmer’s Market, and it is on file in the Town Clerk’s office.
Sue Macejka, Chairperson of the Jenkins Park Advisory Board, gave a report regarding the progress in Jenkins Park. There have been many volunteers that have come forward to work in the Park. The Park is coming alive. Mowing has been done and the Highway Department has done some work in addition to the volunteers. The Advisory Board has accepted the request from the Baseball Commission to utilize the park for practices. They have also been doing work to get the fields ready for the season.
Highway Superintendent Joseph Whalen, Building Inspector Thomas Johnson, Dog Control Officer John Christopher, Deputy Dog Control Officer Thomas Shambo, Supervisor Patricia Southworth and Town Clerk Muriel Swatling submitted reports for the month of April, and they are on file in the Town Clerk’s office.
A motion was made by James Briaddy and seconded by Timothy Szczepaniak to approve the Supervisor’s report for April. Roll Call: Ayes - all; Noes – none. Carried.
Supervisor Southworth reported that the roadside Clean Up Day on May 3rd was successful even though the weather didn’t cooperate. There were 65 volunteers that came out to participate.
Councilwoman Ireland asked if we could reach out to the northern end of the Town to see if they could do a similar day.
Councilman Szczepaniak said he couldn’t believe the amount of trash that was picked up.
Supervisor Southworth reported that volunteers will be meeting from May 27 to June 1 to Build a Playground in Kelley Park. There will also be a Memorial Day Parade on May 24 at 9:00 a.m.. Delta Dental notified the Town that the same premiums will be in effect for next year. Mrs. Southworth attended a meeting with SSP, Jim Edwards of C. T. Male and residents on Route 50 who are affected by the turn lane. Easements for the turning lane will be needed from three residents. The question was asked about the removal of trees. If trees are removed, they will be replaced. The time line for this project depends on the Department of Transportation.
The Town will be receiving applications in the middle of May for the Household Hazardous Waste Day to be held on August 9th. Only households will be eligible. If businesses participate, the State will not reimburse the Towns for a portion of the cost.
The Town would like to get out of the gravel pit contract. $17,000 could have been saved. There are three towns that participate. To compute the amount due the Town, the equipment would be appraised and divided by three. What is the value of the property? $8,000 was the original cost to be part of this operation. The Town of Malta is also talking about not taking part in this operation. The Town of Greenfield is going to continue operating the gravel pit. In reference to a time line, Highway Superintendent Whalen feels the sooner the better. The next step is to have a meeting with the attorneys, Supervisors, and Highway Superintendents of the three towns.
Councilman Briaddy has given a suggestion for conducting interviews. Mr. Briaddy asked the Supervisor what she thought of the process.
Councilwoman Hynes said that it is nothing personal.
Supervisor Southworth replied that she doesn’t have a problem with the proposal.
Councilman Szczepaniak of the Public Safety Committee stated that he had received a letter from Stevens Elementary School stating that there is a level 3 sex offender living at 3 Firemans Lane in Ballston Lake. Sex offenders are not to live within 1,000 ft. of a school. There are trails through the woods that come out behind the school from the Firemans Lane address. This individual is going to be forced to move elsewhere. There is a Sex Offender Registry on the internet that can be checked, and there is no cost to access the site.
Councilman Szczepaniak also stated that there is $900,000 worth of grant money for urban forestry projects. There is some Quick Start Arbor Day money available for trees. He feels that the Town should look into applying for the Arbor Day money.
Councilwoman Ireland feels discussion should be held regarding grant opportunities.
Councilwoman Hynes said she had met with the Sue Lombardi, the Town’s grant writer, to discuss grants.
David Schlitzer asked about the Household Hazardous Waste Day and if any more information has been obtained regarding the mass transit route.
Supervisor Southworth answered that the Town of Ballston would have to have a joint meeting with the Town of Malta regarding the mass transit route.
Arnold Palmer said that the Town Board has not been invited to a Board of Education meeting. Mr. Palmer said that he has a personal invitation for all Town Board members to attend a Board of Education meeting.
Mr. Palmer then asked about the Ballston Lake Overlay District. Why doesn’t it go to a referendum?
Attorney Brower stated that the BLOD is not subject to a referendum. The Town Law does not allow for a referendum.
Mr. Palmer then stated that most people do not want this district.
Councilman Szczepaniak said that it definitely needs more discussion.
Mr. Palmer asked why the workshop meeting couldn’t keep going and had to shut down after 1-1/2 hours. Councilwoman Hynes stated that after 1-1/2 hours, the workshop wound down. The knowledge is out there.
Mr. Palmer again asked why it couldn’t go to referendum. Attorney Brower answered that the State has set up the system.
Deputy Supervisor, George Seymour, asked about the Town’s two water contracts. He stated that the Town of Clifton Park is being pressured to buy into the Saratoga County Water System.
John Whitton asked if there is a plan to correct the grading around his residence. The reply is that when the paving is done on Westside Drive, the grading will be done at that time.
Lee-Ann Mertzluft felt it was great that Councilman Szczepaniak brought public safety issues to the attention of Town residents. Whatever laws are out there, need to be enforced.
The following items were presented for discussion and action.
Some changes have been made to the Deferred Compensation Plan. These changes will benefit the participants in this program.
08-53: A motion was made by Mary Beth Hynes and seconded by Timothy Szczepaniak to adopt the following resolution to approve the changes to the 457 Deferred Compensation Model Plan. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Ballston (the "Model Plan") and offers the Model Plan for adoption by local employers; and
WHEREAS, the Town of Ballston, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Ballston; and
WHEREAS, effective December 7, 2007 the Board amended the model Plan to adopt provisions
Expanding the eligibility for unforeseeable emergency withdrawals.
Permitting law enforcement officers, firefighters, members of a rescue squad or ambulance crew who have retired for service or disability to request a plan distribution of up to $3,000. annually to pay for health insurance or qualified long-term care premiums for themselves their spouse or dependents.
Permitting a beneficiary who is not the spouse of a deceased Participant to transfer their Plan account directly to an IRA.
Permitting a Participant who is eligible for a distribution to rollover all or a portion of their Plan account to a Roth IRA.
WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer inaccordance with the Regulations; and,
WHEREAS, upon due deliberations, the Town of Ballston has concluded that it is prudent and appropriate to amend the Deferred CompensationPlan for Employees of the Town of Ballston by adopting the amended Model Plan; now, therefore, be it
RESOLVED, the Town of Ballston hereby amends the Deferred Compensation Plan for Employees of the Town of Ballston by adopting the amended Model Plan effective December 7, 2007, in the form attached hereto as Exhibit A.
The Town needs to renew the grant writing contract for the coming year.
08-54: A motion was made by Timothy Szczepaniak and seconded by James Briaddy to approve the Grant Writer Contract with Community Development Resources, LLC. Roll Call: Ayes – all; Noes – none. Carried.
The Town is planning to participate in a Household Hazardous Waste Day on August 9, 2008 along with the Towns of Charlton, Galway, Greenfield, Milton and Providence.
08-55: A motion was made by James Briaddy and seconded by Mary Beth Hynes to approve the following resolution to participate in the Household Hazardous Waste Day for August 9, 2008. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, the Town of Milton is hosting a Household Hazardous Waste Collection Day on Saturday, August 9, 2008 and has invited the Towns of Ballston, Charlton, Galway and Greenfield to participate, and
WHEREAS, all participating Towns have budgeted funds for this event and formed a committee to administer the collection day, and
WHEREAS, this committee has agreed that the cost of this event be divided according to the percentage of residents from each Town that participate in this day (i.e. 100 Milton, 100 Charlton, 100 Galway, 100 Greenfield and 100 Ballston = 20%,20%,20%,20% and 20%) and that each Town will furnish volunteers for the event, and
WHEREAS, if NYS approves 50% funding for this event, reimbursement to the participating Towns will be divided up using the same proportions/formula and above is subject to NYS DEC approval; now,
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ballston does hereby support and agree to the terms of this resolution and authorizes the joint HHW Committee to proceed with the plans for this event.
Highway Superintendent, Joseph Whalen, has asked permission to attend Highway Superintendents’ School.
08-56: A motion was made by James Briaddy and seconded by Kimberly Ireland to authorize Highway Superintendent, Joseph Whalen, to attend Highway Superintendents’ School in Ithaca, New York from June 2 – June 4, 2008. Roll Call: Ayes – all; Noes – none. Carried.
Assessor June Maniacek has requested permission to attend Assessors’ School.
08-57: A motion was made by Mary Beth Hynes and seconded by James Briaddy to authorize Assessor June Maniacek to attend the Annual School for Assessors in Ithaca, New York from July 14 – July 18, 2008. Roll Call: Ayes – all; Noes – none. Carried.
The Highway Department is going out to bid for a multi-use dump body and on-spot chains.
08-58: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to set a bid opening for a multi-use dump body and on-spot chains for May 27, 2008 at 7:15 p.m. Roll Call: Ayes – all; Noes – none. Carried.
The Town’s contract for its fire protection system is due for renewal.
08-59: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve a contract with Alarm and Suppression. Roll Call: Ayes – all; Noes – none. Carried.
08-60: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the following resolution honoring Daniel Merchant. Roll Call: Ayes – all; Noes – none. Carried.
WHEREAS, Daniel P. Merchant was born in Niskayuna, New York on June 19, 1959, the son of Barbara and Donald Merchant, and resided with his caring mother on Goode Street in the Town of Ballston, and
WHEREAS, Daniel P. Merchant was the loving sibling of a brother, Charlie and of sisters Sue and Kathy, and
WHEREAS, Daniel P. Merchant attended school in the Town of Ballston and graduated from the Burnt Hills-Ballston Lake High School, and
WHEREAS, Mr. Merchant had a wonderful sense of family; he loved helping out in his brother Charlie’s Bake Shop, and enjoyed working on odd jobs for his Aunt Gen, and
WHEREAS, Daniel P. Merchant worked for a period of time in Maine on a fishing boat and looked forward to vacationing in Maine with his family, and
WHEREAS, Daniel P. Merchant was a hardworking, valued member of the Town of Ballston Highway Department, and
WHEREAS, Mr. Merchant was the unofficial Town of Ballston greeter, welcoming all who entered the Town Hall with a smile and a kind word, and
WHEREAS, Mr. Merchant was always willing to lend a helping hand and offer you a root beer barrel or piece of gum, and he never passed up an opportunity to make a child laugh with his Donald Duck impression, and
WHEREAS, Daniel P. Merchant enjoyed the outdoors especially horses and wild turkeys, and
WHEREAS, Mr. Merchant collected belt buckles and Budweiser memorabilia and during the holidays he loved to pass time visiting the holiday light displays, and
WHEREAS, Daniel P. Merchant was clean and sober for over 15 years and very proud of it, and
WHEREAS, Daniel P. Merchant passed away suddenly on February 22, 2008, now, therefore, be it
RESOLVED, that the Town of Ballston wishes to extend our sincere sympathy to the Merchant family upon the loss of Daniel P. Merchant, and further expresses its gratitude to Daniel P. Merchant for his dedication to the Ballston Highway Department and the Town of Ballston.
Gregory Petrask asked for permission to include his property in Burnt Hills-Ballston Lake Water District No. 2, Ext. #14.
08-61: A motion was made by Timothy Szczepaniak and seconded by James Briaddy to authorize the connection of parcel 248.-1-19, the property of Gregory Petrask, to Burnt Hills-Ballston Lake Water District No. 2, Ext. #14 (Goode Street Water). Roll Call: Ayes – all; Noes – none. Carried.
Byron and Christine Westcott requested permission to include their property in Burnt Hills-Ballston Lake Water District No. 2, Ext. #14.
08-62: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to authorize the connection of parcel 248.-1-8.5, the property of Byron and Christine Westcott to Burnt Hills-Ballston Lake Water District No. 2, Ext. #14 (Goode Street Water). Roll Call: Ayes – all; Noes – none. Carried.
The Town has received a request from Brian DeSilva to include his property in Burnt Hills-Ballston Lake Water District No. 2, Ext. #12.
08-63: A motion was made by James Briaddy and seconded by Mary Beth Hynes to authorize the connection of parcel 238.-2-15, the property of Brian DeSilva to Burnt Hills-Ballston Lake Water District No. 2, Ext. #12 (Brookline Road Water District). Roll Call: Ayes – all; Noes – none. Carried.
There is a vacancy on the Board of Assessment Review due to the death of Carl Resue. The name of Edward W. Swanson was presented to fill the vacancy.
08-64: A motion was made by James Briaddy and seconded by Kimberly Ireland to approve the appointment of Edward W. Swanson to the Board of Assessment Review, to fill the unexpired term of Carl Resue, for a term commencing May 7, 2008 and ending September 30, 2011. Roll Call: Ayes – all; Noes – none. Carried.
There is a vacancy on the Board of Ethics. The name of Lee-Ann Mertzluft was presented to fill the vacancy.
08-65: A motion was made by Timothy Szczepaniak and seconded by James Briaddy to approve the appointment of Lee-Ann Mertzluft to the Board of Ethics for a term commencing May 7, 2008 and ending December 31, 2013.
Supervisor Southworth feels that any active members of political parties should not be members of the Board of Ethics. Councilman Szczepaniak feels that Mrs. Mertzluft is a good addition to the Board of Ethics.
Roll Call: Councilman Briaddy – aye; Councilwoman Hynes – aye; Councilman Szczepaniak – aye; Councilwoman Ireland – aye; Supervisor Southworth – no. Carried.
The contract for Court security is due for renewal for the coming year.
08-66: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to approve the contract with Command Security to provide Court security. Roll Call: Ayes – all; Noes – none. Carried.
The date for the Flag Day Parade was incorrect in the Town Board minutes of April 1, 2008.
08-67: A motion was made by Timothy Szczepaniak and seconded by Mary Beth Hynes to amend resolution 08-37 changing the date of the Flag Day Parade from June 5, 2008 to June 12, 2008. Roll Call: Ayes – all; Noes – none. Carried.
There are two vacancies on the Jenkins Park Advisory Board. The names of Rae Quesada and Satoru Ihara were presented to fill these vacancies.
08-68: A motion was made by Kimberly Ireland and seconded by Mary Beth Hynes to appoint Rae Quesada to the Jenkins Park Advisory Board for a term commencing May 7, 2008 and ending December 31, 2008. Roll Call: Ayes – all; Noes – none. Carried.
08-69: A motion was made by Kimberly Ireland and seconded by Mary Beth Hynes to appoint Satoru Ihara to the Jenkins Park Advisory Board for a term commencing May 7, 2008 and ending December 31, 2008. Ayes – all; Noes – none. Carried.
The position of Second Alternate to the Planning Board is vacant at this time. The name of Audeliz Matias was suggested to fill this position.
08-70: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to appoint Audeliz Matias as the Second Alternate to the Planning Board for a term commencing May 7, 2008. Roll Call: Ayes – all; Noes – none. Carried.
The position of Second Alternate to the Zoning Board of Appeals is vacant at this time. The name of Timothy Northrup was presented to fill this vacancy. The Town Board requested a resume from Mr. Northrup and as of today, it has not been received. It was decided to table this appointment until a resume is received.
08-71: A motion was made by Mary Beth Hynes and seconded by James Briaddy to table the resolution appointing Timothy Northrup as Second Alternate to the Zoning Board of Appeals. Roll Call: Ayes – all; Noes – none. Carried.
The developers of the proposed Carlson-Mourningkill Drive Subdivision have requested Town water for their proposed subdivision.
08-72: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to recommend the Planning Board review the Concept Plan of the proposed Carlson-Mourningkill Drive Subdivision to determine if it meets the intent of Subdivision Regulations in the Rural District and recommend a course of action to the Town Board regarding public water. Roll Call: Ayes – all; Noes – none. Carried.
08-73: A motion was made by James Briaddy and seconded by Timothy Szczepaniak to accept the Senator Farley Town of Ballston Community Library Grant of 2007-2008 for $10,000; $2,500. was received in 2007 and $7,500. will be received in 2008 with Budget adjustments as follow: $7,500 to Contractual Expenses with $6,000. to Repairs – Building and $1,500. to Contingency. Roll Call: Ayes – all; Noes – none. Carried.
Councilwoman Ireland thanked Senator Farley for his generosity to the Town of Ballston.
Lee-Ann Mertzluft wanted to clarify that her appointment to the Board of Ethics would be non-partisan. She stated she is a business owner and services children from all backgrounds. She doesn’t ask questions regarding affiliations. She feels this will carry through to the Board of Ethics.
A motion to adjourn the meeting was made by James Briaddy and seconded by Timothy Szczepaniak. Carried.
Respectfully submitted,
Muriel K. Swatling
Town Clerk