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August 27, 2019 Town Board Meeting


Town of Ballston Town Board Meeting
Notes taken by a resident August 27, 2019



Ballston Town Public Hearing for Water Extension to Summerhill
Followed by the regular monthly Town Board Meeting
Please note: ____ indicates inaudible

Present:                                         
Supervisor Szczepaniak
Councilman Goslin
Councilman Curtiss
Councilman Antoski
Councilwoman Stewart
Debra Kaelin, Town Attorney
Matt Chauvin, Town Attorney
Carol Gumiemmy, Town Clerk
CT Male Rep, Town Engineer

members of the general public

Town Clerk read Public Hearing Notice for extending waterline within Town of Ballston Consolidated Water District #1 to include parcel 256.-1-7, 87 Jenkins Road (The Preserve at Summerhill). 
Scott Lansing spoke:  Started by saying he represents The NY Development Group and The Preserve at Summerhill and the water district extension associated with that.  He stated that area is zoned Hamlet Residential, and properties can be served with wells and septic or public water and septic.  If water is allowed to that parcel, they are allowed to have 42 lots.  If individual wells, it would be 32 lots.  This project is not on Scotchbush Rd, it’s a distance away from where there is currently public water on Scotchbush.  There is a 10-inch line on Jenkins they are proposing to connect to, and ‘they’ went out and tested it.  The pressure measures 63psi, and flows it was a little over 1000 gallons per minute which he stated are excellent pressure and flows.  They are proposing 5 single lots along Scotchbush Rd.  There are 610 linear feet of waterline on Scotchbush. , connecting this to the 10 inch line on Jenkins. There’s 1,640 linear feet of water line being extended into the project.  All of the lines would be 8-inch lines.  There’d be 63-67 psi pressure and about 1500 gallons per minute.  Demand on the system would be the 5 single homes plus the 29 homes in the project, comes to about 47,000 gallons per day.  Supply:  The Glenville Aquifer has available to pass-thru 1.9 million gallons, and the Saratoga County Water Authority has available another 7 million gallons of water.  Project financing:  Costs for all utilities will be paid for entirely by the developer, all of the infrastructure.  All piping, valves, fire hydrant assemblies, backfill, restoration of ___. 

Sczcepaniak then asked Matt Chauvin, Esq. to discuss the Memorandum of Agreement that has been created to allow for the developer to pay for the water extension.  Supervisor stated he’s wanted to close that loop on Scotchbush Rd. for several years but didn’t have the money to do it. 

Matt Chauvin, Esq:  Reviewed that the Supervisor asked Mr. Chauvin to come up with a way to close the loop on Scotchbush, so he created a Memorandum of Understanding (MOU) that was agreeable to both the town and the property owners’ attorneys.   The cost to close the loop would be $263, 250.00, or $130 per linear foot. The total number of units to be developed in that corridor is 78 and includes all properties along the route as well as all properties in that nearby BHBL property that is under contract for sale and could be developed for up to 49 parcels.  It comes out to $3,375.00 per development unit.  This developer is extending the water line 610 feet from the existing 10 inch main to the ___ so it received a credit of about $78,000 against the per unit cost.  They then will have to pay for each of their 29 units x $2,690 equals $685 per unit that this developer is going to pay in addition to the cost __. The agreement states that this developer will pay for all costs to put that 610 ft. pipe in the ground, and they won’t get the CO if they don’t pay.  They agreed that the in-coming developer of that BHBL property (that is under contract) will pay for their pro-rata share so if they come in with 49 units, they have to pay the $2,690 cost per unit.  The town doesn’t have money to do this closing of the loop unless they go get outside debt service.  He said he knows that from conversations that Mr. Whalen and Mr. Sczcepaniak are in favor of this. This proposes that this first developer plus the second developer of the BHBL property will ‘share the lion’s share of the cost of extending this line’. Taxpayers would not have to pay for this line.  There of course will be a cost to homeowners along the way who decide to connect, for the actual pipe connection.  If public water is not available to the BHBL property, that density will decrease from 49, and they will lose 40-50% of their yield.  “The entire length of the extension will be 2,025 feet 610 of it will be installed as part of this project and the remainder is subject to future extensions however we get it.” This is currently before the Planning Board but has not yet been approved by them. 
Scott Lansing (again):  This project is a Realty Sub-Division where there are lots are less than 5 acres.  We are required to have NY State Dept of Health involved.  We have had them out there to test sites throughout the entire project. They concluded that all sites are conducive to individual septic systems. Parcels that have some wet design, they are outside of the areas that we are involved with so we ____a portion of the public project.  As far as flows, it’s about 300 gallons/day per residence.  The stormwater basin is on the southwest corner of the development.  There are no plans to develop the one parcel that has 13.7 acres, but the owner may decide one day to develop it.

Privilege of the Floor:

Nancy Heath, 103 Scotchbush Road: “which is 4th down from Summerhill on the west side.  So, I’m intimately concerned about the wetland area right behind my house that we don’t walk into much anymore, there’s 3 little tributaries of water and there’s a lot of ticks because the water level has become so much more over the last ten years or so. Now, since I and all of these houses in this area on Scotchbush Road, west and east of Scotchbush, have dug wells in our basement.  That’s our water supply.  And I’m part of the group that signed 3 times to get the water looped to get water there, but at the same time I’m concerned that the water being so bad that the septic system couldn’t take it any longer.  On the north side just across the street from me, there’s  Mr. Jim Schultz,  and I believe he sent a letter to one of the board members, and in it he stated that statistically  what one person alone puts into the ground,  I don’t know if it was every week/every month/every day, if someone has that with them I would appreciate you sharing it because I am concerned about the high water levels and where it would go and what it will do, what will happen to all of us.  The wells are in our basement for one thing, hopefully they could be kept without getting damage.  There is a house behind us on Scotchbush Rd, on the east in the woods, they built down about 12 feet, their foundation cracked and froze this winter because of the pressure of the water coming up from the ground. 

Mr. Scott Lansing answered a question about the flow of 300 gallons/day per home, he stated that is for 3 people, or 100 gallons per day per household. 

Nancy continued: “On the west side of Scotchbush Rd.  where I live, will that be included in the loop of this water that they’re proposing?”

Goslin asked her to show where her house is on Mr. Lansing’s map.

Tim stated the loop will not go down that far.

Nancy continued: “Currently, the fire hydrant is right here.  Why aren’t they going to bring water down that far?  ____petitions for the last 12 years. “

2)  Peter Solberg, 166 Charlton Road: “One thing that is not depicted on this is Federal wetland designation.  It is not included by DEC, but Army Corp of Engineers does reveal it, I don’t know if they looked at it or not, it will show you generally where it is and it can be reaffirmed by Scott, I assume. “ Peter asks to go point it out on the map and goes up to the map and continues; “The federal wetland coincides directly down to this here, this line, which also includes this conservation area which the designated that there’s deed restrictions, you can’t cut down the trees, but it aligns with this tree line.  There’s also a small creek that comes down into here which focuses into this basin.  And in discussions with farmers, in the spring this gets significantly wet where they can’t even go onto it, it’s one of the last few things that they hay because their tractors just sink, it’s so wet here.  Which also is reaffirmed by the fact that a lot of these homes have shallow wells and so they’re putting the septics directly on …right in these areas that are abutting federal wetlands.  They’re actually right onto them, and so we don’t have any buffers between the septics and the federal wetlands.  There’s no federal requirement but you can’t go onto it, so just to make you aware that there is a line right here, federal wetlands.  And it is wet, there’s a tributary that is significantly wet.  The other, when we put this in, Scott…they’re focused on getting this to work, right?  They’re liable for these homes, and when we’re putting this line across , this will be developed, right?, which will add to the water table, these homes will add to the water table, these homes will add to the water table, so the board is looking at this as an entire project…as an entire area, and the engineers are looking at the success of this project.”

End of Public Hearing.

Start of Town Board Meeting:

Present:                                         
Supervisor Szczepaniak
Councilman Goslin
Councilman Curtiss
Councilman Antoski
Councilwoman Stewart
Debra Kaelin, Town Attorney
Carol Gumiemmy, Town Clerk
CT Male Rep, Town Engineer
members of the general public

Approval of Monthly Bills for August, Resolution 19-141.  Passed unanimously.

Presentations:

Update of Carpenters Acres and Sewer Feasibility Study from CT Male:
There are two options presented in the study.  The 2nd option is the focus of the presentation; it reduces the area of proposed district.  On page 2 is the cost estimate.  Takes the new district along Cindy Lane (eastern portion) and also takes Robert Drive and a portion of Moonlight Drive as well.  Cost:  Total capital cost for installation is $730,936.00.  EDU’s :  each property is 1 edu since all properties are family residential.  48 edu’s in this proposed option.  Annual debt service is $33, 527.64, so the annual portion per property would be $698.00.  Operation and maintenance costs are $240 for Saratoga County Sewer District.  Total cost is $938.00 per year per property.  A resident gave him a map of properties that he surveyed as far as which properties want or do not want to be included in the district and he came up with 2 more properties that may want to be included and if that is true, it will reduce the cost by $28 so the cost would go from $698 to $670.00.

He continued to say there is one more piece on the cost:  NY State Comptroller office publishes guidance on special districts and this  sewer district would be a special district,  and they use the average of what typical sewer district costs are per edu , “in 2019 that number was  $845 per year.   So, we’re a little less than $100 over the comptroller’s threshold.  If the town board was to create a sewer district, we would submit that Map Plan and Report to the Comptroller’s Office on behalf of the town for essentially their approval for exceeding that threshold.  Typically what we see is that if the residents are in favor and are asking the town to consider the sewer district, and are in favor of the dollars that are presented and the cost associated with the sewer district.  The Comptroller’s Office typically approves those.  This is actually pretty close to what the threshold is.  So that’s the quick thumbnail.”

Sczcepaniak asked if the new cost would be $910/year if the two properties agree to join and the answer was YES. 

Goslin asked “the difference between option 1 and option 2:  one is 50 edu’s and one is 48.  The one obviously requires an additional pipe on, through Corner Star or Court, whatever it’s called.  How did you get away without that for the same number of….?   
Answer: “I’ll see if I can get it to you, specifically.  So, there was.  I don’t think I know this off the top of my head.”   

Goslin: “What is the difference between option 1 and option 2?  Is it just the cost?”  
Answer: “Essentially just the length of pressure sewer that’s needed.

Goslin: “That’s really all the difference?”
Answer: “Yeah, I think so, I think so.”

Stewart: “What was the result of the survey?”
Answer: “So I know that Ms. Lauren (?) has some information.  I can tell you what the results were.  29 people responded in favor.  8 responded NO or they were not in favor.  And 13 were no replies. “

Stewart:  Spoke low but responded saying “the way that it was defined is the people that were not in favor are being put into this ____option ____.”
Answer: “That’s correct.”

Sczcepaniak invited the public to come to microphone to speak on this.

Speaker 1: 
Ruth Osterlitz, Magnolia Lane.  “I have a question, when did it be decided that it included people that were not in favor?  Because the Supervisor…you…announced at the meeting I was at that you were not going to….you were only going to do this district for the people that were interested and not include those who weren’t interested. “

Sczcepaniak: “Again, they did this, we have a resident in that Carpenters Acres that went around and got all the names of …”

Ruth Osterlitz: “I understand that but there’s 8 people that don’t want it that are in the district and Councilwoman Stewart just said that they are going to be forced to be in it? “

Sczcepaniak: “Yes, for that area there, yes.”

Ruth Osterlitz: “But they said at the previous meeting that you weren’t going to make people be in the district. “

Sczcepaniak: “Well I guess, umm, with this EDU, with this being designed the way it is, that they would be included.”

Ruth Osterlitz: “So when did that happen?  I don’t remember that being publicly announced.”

Szczepaniak: “this is the new options, the new plan.”

Ruth Osterlitz: “So you’re going to have a public hearing on this? Because ..”

Sczcepaniak: “well this has to go through a lot of process, just like we had for the past sewer project, it goes through a process.  Nothing different.”

Goslin: “Well it’s a feasibility study, how the board chooses to proceed and who gets included and not included is a ___ decision.”

Szczepaniak: “Yup.”

Speaker 2:  A woman who did not state her name or address but came to the microphone holding what she said were copies of the result of the survey that was done, appearing to perhaps be the one who did the survey in Carpenters Acres.  She handed the copies to the board.  She stated “I do have handouts so you can see a birdseye view of option 2.  So that’s __attached __responses, just so you guys have a better indication of what you’re looking at with respect to option 2.  I worked really closely with my neighbors who are in favor of this project so __you have options for us I’d be happy to represent, obviously speak for ___”

Sczcepaniak: “I want to thank you for taking the initiative and all the effort, there is a lot involved ya know, going door to door and talking to residents so …”

Woman: “I’ll share that with others.” 

Sczcepaniak: “yeah, ___with all the folks that are involved, yup.”

Woman: “And so not that I expect you to answer this question this moment, we’ve heard the option so when they conclude a topic of what the next steps are and where this board thinks we go from here.?”

Goslin: “Is there an action on an agenda?”

Sczcepaniak:  “no, no no. I think that with this, this is just presented to us here, give us a chance to review it, and, but my view of it and the other board members here , um, I like to , ya know, continue moving down this road instead of delaying, we have a valid option here, it seems pretty reasonable, so I prefer to move it forward, um, I mean…”

Goslin: “Can we just review the steps for that?  We would do a Map Plan and Report and a feasability study, right? 

CT Male: “Yeah, that’s correct, if you choose to move it forward, we’ll turn the  basis of this feasibility study into an official Map Plan and Report .”

Goslin: “once we have the Map Plan and Report, we can form the sewer district if we wanted to, right?”

CT Male: “Correct.”

Goslin: “Now, when would we get the resident’s approval in that process?  Would we do it before we establish the sewer district?  Or if we wanted to go to referendum or if we wanted to go to petition, where would that be in the process?”

CT Male: “If you wanted to go to referendum, you would do that typically before.”

Goslin: “the sewer district is formed by the Map Plan and Report?”

CT Male: “Correct.”

Goslin: “And then same thing if we wanted to do a petition?”

CT Male: “Yes”

Goslin: “OK.”

Antoski: “Just for clarification. The dark or the blackened parcels…”

Stewart: “Are not included…”.

Antoski: “Are not included.  The red are the no’s and the white’s are no responses?”

Stewart: “yes.  To answer your question, Bill…if you recall, this was scaled down to about 50 properties after the initial costs for the first kind of___, and I think this is where ___is where her impression is coming from.  It was determined that a large number of residents were in a survey were not in favor, and in a survey were in favor.  So, we kind of changed the project to only include the area where there was the most need or agreement.  Do you recall about how many residents who are included in the original sewer district and how far scaled down this is?”

Goslin and others chimed in briefly and someone shouted out “132”. 

Stewart: “So this is just a little bit lower than a third of what was originally proposed.”

Goslin: “Right.  If you remember we had a major meeting here where I was ____the people that definitely didn’t need sewers and then those that definitely did.___, and so I would say if the board is in favor of moving forward that they would do the Map Plan and Report which is basically just straightening this down from the options to a single option, right?, and doing the work around that, and then  I would suggest you get  an official conclusion from the residents of the proposal and I would have them petition the board. ”

Sczcepaniak: “It appears like we have about 95% support here.”

Goslin: “Not quite that high.”

Sczcepaniak: “It’s in the 90’s.”

Goslin: “I don’t know where you went to school”

Stewart and several others laughed.

Speaker 3:    Warren Wheeler, 435 Robert Drive.  “I’ve been involved for awhile.  The question about why the extra properties arise.  Take a look at what’s there, what’s proposed.  Where the people that need it the most are on the west, the north side of Carpenters Acres.  The houses in red are along the path you have to get in order to get to Route 50.   So since the houses, the people can choose not to hook up.  It’s a pressurized system so they don’t have to pay……they don’t have to pay for the hook-up costs.  They would be liable for the ongoing maintenance costs of putting the pipe in the ground, but they’d also benefit from that as well because anytime they would consider selling their property, they have the ability to offer that, that’s the option to the homeowner can choose, and they wouldn’t have to pay the $240 ____. So that’s the reason why there’s a handful of residents…..,  and the average isn’t quite 90, I mean I’d like it to be 90, if you take half of the unknowns and add them you end up with about 35 out of 50, which is 70% which still seems like a reasonable majority.  It only takes 2/3 of the senate, so.  70% is better, people who don’t want it , they happen to just be along the path but they do get benefit from it.”


Sczcepaniak: “Ok.  Anyone else?”

Someone then said “and we would encourage the board to move a Map
Plan forward.” 

Ruth Osterlitz: “This raises another question, you stated that they don’t
Have to hook up, are you having another sewer use law for this district?”

Sczcepaniak: “Yeah, yeah, there’s a lot, we have a lot to talk through
here.”

Ruth Osterlitz: “So that statement is not true?”

Sczcepaniak: “Again, we have a lot of details to look into here, I can’t
answer all of your questions here tonight about that.”

Ruth Osterlitz: “I just want to remind you that you did tell a group of
people that you would not require mandatory participation in this.”

Sczcepaniak: “Thanks for the reminder.” 

Presentation from Ray Otten with Community Emergency Corps
(see Town Clerk minutes for details, he spoke for about 45-50 minutes)

Lyn Derway from NYCLASS Program: (see Town Clerk minutes for
Details).  She works for a program that has funds for municipalities to invest in.  75% is invested in treasuries.  Current interest rate is 2.09%.  Administrative charge is 0.12%. 

Ed Hernandez is going to talk about the Ballston Lake sewer project:
We have about 12 bidders. We’re hopeful.  The backup plan is that we are applying for grant money and should the bids come in high, it will create more delays, and he hopes the project will be able to be moved along with the help of grants.  He said it’s unknown when they’ll hear about the grants, maybe December? 

Library Report- see Town Clerks minutes – speaker did not use microphone

Dr. Pierce reported on BL Lake. (See Town Clerks minutes) “I’ve been working with Kim Kotkowski and the rest of the committee to finalize the RP, when we get the final draft I’ll give it to Debra (Kaelin, Esq) to go over to make sure it’s legally sound.  And then we’ll send it out to bid.  This is to write the Ballston Lake Improvement and Watershed Protection Plan that we got the DEC grant for. “
Financial Report from Jeanette, who stated:  Brian Therrault gave her access to National Grid costs for Stonebridge Lighting District #3 information.  The requests from the residents to have the remainder of that lighting put in is basically going to double their tax bill.  I wanted to make the board and the public aware of that.  We don’t know when the lighting will be put in, maybe November.  The Stonebridge lighting bill this year was $186, so next year it will be twice that.  Also, we are having issues with BARC in terms of comments that are coming out.  I did speak with Paul Farma (?) today who will be contacting people in Ballston Spa to request that BARC follow through on their 2016 commitment to become a 501C3.  We’re still sitting on $6.480 that was budgeted.  They literally didn’t start it until last June.

More discussion on the Stonebridge Lighting issue:  Kaelin explained that half of the lighting was installed and then there was a hiccup and for some reason the other half was never installed.  Stewart explained that the cost of installing the lighting poles, etc. has already been paid to National Grid, it’s just that National Grid is just getting around to putting in the rest of the poles and equipment.  The added expense to the residents is the increased cost of energy that will occur once the new lighting is installed.

Motion made to approve the financial report, motion carries.

Supervisors report:  “We’ve sent the second public hearing and 
discussions we’ve had to the County Planning for a 2nd review, along with Ag and Markets for their review, so our intent is to have that incorporated for the September board meeting agenda.  Also, at the end of the meeting the boards going into Executive Session to discuss a personnel issue and a contract discussion, we’re going to expect an action coming out of that executive session.” 

Curtiss talked about a position that is still open for park maintenance, the position really needs to be filled.  Sound was low, see town clerk minutes for details.

Stewart talked about the Firemans Grove, there has been work on the
grading, she said something about the water line but it was inaudible, the scouts are working there but again she was talking very low. Check the Town Clerks minutes on this report.

          Privilege of the Floor for Resolutions on the Agenda tonight:

Mr. Draina, Outlet Road:  With regard to 19-145 and 19-146 and the Planning Board position.  It states in our town Comprehensive Plan that there should be representatives on all of the boards, all of the town boards from the farming community, the Ag community, so I’d like to urge the board to appoint alternatives to the Planning Board that do meet that requirement to be from the Ag community, have farming experience, ___ represented on the Planning Board.  Thank you.

Resolutions: 

19-143  to approve the MOU between the town of Ballston and NY Development Group/Saratoga, LLC dba the Preserve at Summerhill regarding the extension of a water line within the Town of Ballston Consolidated Water District.  Discussion:  Antoski said  “the concern I hear is not necessarily about this MOU, its …I’m hearing about whether its density or runoff or the actual…to me that’s a Planning Board item.  I don’t , in my opinion this MOU is for the extension of water with the hope that we finish and complete that extension so we have an open loop or a closed loop, I just wanted to make that clear, this isn’t about any actual development, this is about the water so that it can happen.”  Sczcepaniak said ‘Yup, that’s correct.”    Goslin said he agrees with Antoski’s assessment that the issue before this board is do we extend the water or do we not extend the water.  The developer said that that development will work either way, whether they extend the water or whether they don’t extend the water.  Goslin feels it’s in the “best interest of the town and residents there to extend water even though there may be some obstacles for the new developer.”  Sczepaniak said he agrees with Goslin.
Roll call vote on this:  Curtiss- NO.  Antoski, Sczepaniak, Stewart and Goslin all yes.  Passes 4-1.

19-144 Approve the extension of waterline within town of Ballston consolidated water district #1 to include the Preserve at Summerhill.
Mr. Curtiss said that adding water to an already saturated area is not a good idea.  Role call vote:  Curtiss- NO.  The other 4 were Yes.  Passed 4-1.

19-145 Consider accepting resignation of Planning Board member Dan Shorey.  Passes unanimously.

19-146 Consider approving Alternate Planning Board member Dave Blair as a regular member effective 8/27/19 and concluding 12/31/2025.  Passes unanimously.

19-147 Accept Town’s share of the 2020 sales tax revenues in cash.  Passes unanimously.

19-148  Approve the Town’s updated sexual harassment policy.  Passes unanimously.

19-149  Approve to provide mandatory training on sexual harassment and workplace violence for Town employees in an amount not to exceed $2000.  Passes unanimously.

19-150  Approve Judge Keith Kissinger to attend the NYS Annual Magistrates Meeting in Lake Placid 9/15-18 at a cost of $707.25.  Passed unanimously.

19-151 Authorizing the Supervisor to enter into a memorandum agreement in regards to installation of a septic system to connect to sewers in regards to 72 Connolly Road, lands of VanDerwerker. Passed unanimously.

Privilege of the Floor:

Peter Solberg, 166 Charlton Rd.:  “So one of the things that I brought up at the Public Hearing that was  noted in the final GIS report was that our zoning requires that the Zoning Board of Appeals report prior to the public hearing on zoning changes, and it didn’t occur.  As members of the Zoning Board affirm that that was not reported to them prior to the public hearing.  I do appreciate that the information is being sent to the county and also to Ag and Markets.  I just want to make sure that we’re not opening ourselves up to litigation when this ____goes through in September, that retroactively since the process wasn’t executed in a forum in which we designated in our zoning that we’re not opening ourselves up…”

Sczcepaniak interrupted here and said “yeah, and that’s absolutely not the case, Mike Lesniak, Chairman of the committee received it in full, yup.”

Peter Solberg: “So just the head of the Zoning Board, or the …”

Szczepaniak: “all that, yup.  That’s what I’m saying.”

Town Clerk: “Question wait, what was the question?”

Szczepaniak: “As far as …”

Town Clerk: “the Chair, Town Board Chair, Zoning Board Chair, “

Peter Solberg: “Ok, and they do not distribute to the remainder of the Zoning Board?”

Town Clerk: “I don’t know.”

Peter Solberg: “I just want to make sure that we’re not opening ourselves up for litigation.”

Town Clerk: “I would assume it’s the Chairman’s responsibilities to give it to the members just like that’s they we have a Chair for the committees.”

Goslin: “I would just ask that we follow up on that.”

Sczcepaniak: “Yeah, we will.”

Motion to go into Exec. Session.  Meeting ended.

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