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February 26, 2019 Town Board Meeting


Town of Ballston Town Board Meeting
Feb. 26, 2019
       Key topics: 

  • Application for a grant to Integrate the 2001 Watershed Plan into a Watershed Lake Mgmt. Plan
  • Goslin talks about Carpenter Acres sewer plan
  • Mr. Antoski talks about sidewalks
  • Stewart talks about Fireman’s Grove planning
  • Finance officer talks about IT costs
  • Town engineer talks about water meter install costs
  • Finance officer talks about costs to homeowner for new water system
  • BL Sewer Project Manager presented what has happened with Ballston Lake Sewer District since 2015 (no mention of 2001 Watershed Plan)
  • Acquisition of BH Fire North station for use by sherriff
  • Eric Connolly presents water issue in Stonebridge Enclave to the board 


Notes taken by a resident on February 26, 2019
This meeting was recorded to aid in note taking (inaudible parts are noted with _ )

Attended by: Tim Szczepaniak, William Goslin, Kelly Stewart, John Antoski, Chuck Curtiss, Carol Gumienny, Town Clerk, Debra Kaelin, Town Attorney and members of the community.

Sczcepaniak states there is no correspondence to report.
Reports:  Sczcepaniak states the Dog Control, Town Highway and Town Clerk reports are all on file.

Library
The 8th Annual Friends of the Library Mini Golf Fundraiser was held on February 22 and 23. Eighteen local businesses and organizations sponsored the event and over 300 adults and children attended. Thank you to the Friends of the Library, library staff, volunteers, and entire community for making it a success. Special thanks to Elizabeth Newsom, Chair of the Mini Golf Committee.
Registration for spring programs is open. Register by calling the library or on the library’s online calendar.

Ballston Lake Water Quality Protection & Management
Dr. Pierce reported “Kim and I have been meeting quite a bit in the last month for the Lake Management Committee.  Together we worked up a grant application to DEC for $26,000 to integrate the 2001 Capital District Planned Watershed Commission into a Watershed Lake Management Plan.  We’ve been working on this since 2015 with different agencies that are in the area that are stakeholders and we thought that we could get this grant and have a professional watershed management planning company help us complete it.  If we ever get this finished, with help from the town and with the grant that we applied for.”

Council Members reports:

Mr. Goslin: “I received a map from the Carpenters Acres folks who are in the lower section there.  I haven’t done anything with it, they’ve done a really nice job.  They indicated the parcels that would like sewer of their own, the same general area.  I would like to recommend we turn that over to the town engineer, not for a feasibility study or a Map Plan and Report or anything else, just to get a rough estimate of the pipe and if the county could accept it at Cornerstone Condos, so it we could just do that and keep that moving that would be great.”  Sczcepaniak asked “how many parcels?  I’m just curious. Approximately.”  Goslin replied, “I’ll pull up the maps but its Moonlight Drive, its lower streets there, most of the parcels in that area, so …”.  Katherine (from engineering) stated “it is a large number of parcels.”  Goslin said “I’ll pull it up and I’ll count it. It’s significant, which is good because it will help divide the cost.”

Mr. Antoski: “The grants for the sidewalks continue to stretch as far as the information needs to be sent and then I find new information, and then some of the information that I sent isn’t good enough so that’s moving along.  I’ve got to call for the Walsh _____ tomorrow, there’s one page left with that, and two pages with the other one.  Probably the bigger issue that will come down is the fact that the County needs to write a letter to National Grid in regard to the posts, because its county property.  The county is concerned about maintenance, I know we’re concerned about maintenance, I was going to talk to Keith Manz tomorrow, and see why he can’t just put the blade down for another 200 feet than they already do.    I don’t think that’s something he wants to do.  Sczcepaniak said “Can you let me know the response on that?”.  Mr. Antoski: I’m wondering why they stopped at Kingsley in the first place.  They didn’t finish Lakehill to 50, why did they leave that in the first place.  I don’t know when they put it in.  Why the county would leave a gap?

Ms. Stewart:  The Park Committee will be working on Fireman’s Grove opening, we’re targeting early May. We have a contract with Brian Cooper, he’s a local scout representative. They would like to use the park for like a scout recruiting/scout get-together with other scouts. So, we thought maybe we’d be able to do that in conjunction with some service project work by the troops and the grand opening.  We kind of have a lot of people there already, it’ll be nice to have a crowd for it.  I’m going to be …if that’s ok…if the board doesn’t have any objection to it…  kind of combining events.  I will be talking with Brian about what he’d like to see and what he’d like it to do with that event and then figure out what else we want to do.  I’m assuming that this being in May, that the pad will be poured by that time, if not, that could be an issue, we certainly won’t have the parking lot done but I don’t want to pay extra and we have to decide where and what amount of parking The next thing would be to get the stoves out of the kitchen.  We have two new park committee members and we are catching them up to speed, and then the last thing that we have to do is I’m working with Carol on the application and rental forms and things like that, and who is handling scheduling.  Unfortunately, it may fall to Carol’s team, but we already have at least one or two organization inquiries and we need to respond to them, make sure those two events don’t conflict.

Mr. Curtiss: “A couple small deals.  I had a discussion a few days ago with one of our part-time maintenance employees and he was concerned about not having time enough to do his required maintenance in and around the building and he’s concerned about what happens when we get into Fireman’s Grove, what are his responsibilities there, so we need to have a sit down and figure this out, where we’re going, make sure we’re covered.  Also, I spoke to Carol about rentals in our Community Room.  There are issues there, there are some that we don’t charge a service fee at all to, issues with damage here in the building, a poor job cleaning up etc, we need to structure that, there’s a problem there.”  Szczepaniak replied “what we’ve done with that, now that we’ve had someone monitor that, we’ve sent letters out….you weren’t at the last meeting…I sent a letter to the individuals who were responsible for ….now that we have the avenue to monitor it, we have to have follow thru and address the issues, which we’ve done and so far that’s worked pretty well”  Mr. Curtiss:  “Is this something that we should just put a blanket….make this available for everyone at the same level?  Or are we going to take care of this case by case as they happen?  “ Szczepaniak replied, “Well it’s a case by case basis,, it happens in a handful of cases, and now we’re taking the action.”

Szczepaniak: Mr. Curtiss, “I want to discuss a little bit about the FPP, Scott is here, Scott would you give us details on the breakfast coming up and whatever else you have?”

Farmland Protection and Preservation
Scott Draina discussed the annual breakfast coming up from 10a-12p on March 3, where there will be a group of panelists answering pre-set questions.  Sign up thru the town website.

Financial Report
Jeanette Borthwick:  Joe and I are working to get the town of Glenville to send the water quarterly billing that they should have sent to us as stated in the contract.  hopefully we can get that within the next couple of weeks. The other thing, Tyler Technologies accounting software conversion has begun, we are targeting a go live date to be the end of this year.  So that gives us plenty of time to do what we need to do, it’s a rather significant process to go through, I also have had Stored Tech in here to do the IT audit that is required from Tyler Technologies and I had submitted that audit today, and from that they will probably make recommendations or requirements on additional hardware needed to work with the software, so you’ll have that for the board to review, with recommendations.  We need to get an IT committee together, I still have 5 proposals for IT Services that need to be reviewed so that a decision can be extended, or a recommendation can be presented to the board for who we should hire for 2019.  Szczepaniak then asked for a motion to move the financial report forward.

RESOLUTION 19-19
Approve the Supervisor’s financial report for January 2019.
Passed unanimously

Building Inspector
14 permits issued, 12 CO’s, ___ fire inspections, 1 stormwater site inspections, 9 planning board applications:1 sketch plan, 1 site plan, 1 special use permit, and 3 major sub-divisions, 1 lot line adjustment

RESOLUTION 19-20
A motion was made to approve the payment of the bills for February. The bills were approved for payment

Water Meter Replacement Project
Kathryn Serra of C.T. Male: “So  this is definitely something that  the residents are well aware of, the water committee has really been discussing the water meter placement project for , I would say over a decade based on the age of the water meters.  The report that was prepared, I believe the board members have a copy of, and which really all it does is explain the project and how much it will cost the average user within the consolidated water district.  So Joe, ____ and I actually worked on this document, and there’s only two components of what we’re calling the project under exemption report (??).   The first is the project that, with your approval tonight, is going out on the street next Monday March 4th, which will be the bids to install water meters.  The town is looking to purchase the equipment. There would be a separate contract for a plumber to come in and actually install all 1700 meters.  So, the other component of the report we are looking at would be for going out to bond per not only do the water meter replacement- which is obviously the most important project right now—but given the good rates the bond ___ to B, we’re looking to do some additional maintenance in the water system.  So, the report does discuss other projects such as replacement of pressure valve in the Ballston Lake hamlet, it’s quite old and in need of repair.  And then some general water meter replacements as Joe sees fit.  We don’t have specific areas outlined in the report, we’d like to give flexibility as to the areas that Joe deems in need of repair, so we do have a line item in there for about $300,000 worth of replacements.  It’s about $100/ft. average price, that’s about 3000 feet. So if the bids come in our favor on the water meter replacements, this means we have more money to do other areas of water meter replacements in the system.  Which makes….maybe…less important to understand why we’re talking about more than just water meters in this report.  So, Jeanette can go through the project financing in explaining how that bond and the impact to the water district would result. “  

Jeanette Borthwick (finance):  We started out by going to fiscal advisors regarding municipal bonding and the information that came back made the financing inflexible to the town and we were looking for more flexibility.  So, we reached out to BSNB, Peggy de Koning and she came back with some recommendations, that recommendation being that we first go out one-year BAN and she’s estimating that interest rate at 2.4% and with that we only pay the interest at the end of it.  That also gives us another year to take a look at some of the outstanding debt issues that we already have for discussions and options during budget season,  for 9-12 months out, you don’t have to make that decision right now, regardless of what we do on the size of the bond in a year, she’s estimating a conservative rate for us would be 3.25% and that is what we put into this report, and estimated a simple first year payment on that.  The other thing that is required in this report is to…. I have to report the current tax rate and this is for consolidated water district number 2 which is in there, and the estimated first year debt service, what would that do to the rate?  What it basically comes down to is each homeowner, assuming an average home assessed value of $200,000 would be paying an extra $29.25 in the first year.  With that said, because you can’t put in this report--- one of the reasons we’re doing this project is that we are anticipating getting the revenues back into the town that we are not getting from all of the water that is not being read in the meters.  So, with that said, we expect to use those revenues to pay down some of this debt so we are anticipating that it’s going to be less than that $29.25.  So that’s what we’re looking at.  Are there any questions from the board?”

Goslin:” I would say that the report puts us over the tax cap probably, as far as an increase is concerned, so I’m very concerned that we would consider paying for this by raising taxes on the water district residents. I believe the town already has a built-in water rate increase, that will help.  We just signed a contract with the town of Glenville that saves us money.  And as you say, we have the revenue capture from the water that is not being billed currently, so I’m assuming that the verbiage in here that you explained is just because it has to be in here for a report, right?”  

Kathryn: “Yes.  The NY State Town Law 202B it has to be this way. “ 

Goslin: “I’d just like to note that there are a lot of different ways to pay for this, and the main way of paying for it is, as you guys have already mentioned, is we’re already losing 30% of water that goes through your meter, ummm, so people who use the water will pay for the water and that’s the fair way to do this. I would like to expand the verbiage on Joe, though.  I know we have a water tank issue maybe in the Chapel Hill water tank that we might have to look at so I would like to look at…ummm…I would just put water infrastructure in there.  I wouldn’t limit it to mains because the scouring in the other tank needs to be done and I would hate to have $300,000 sitting on the shelf that we can’t use for that purpose. So, I would just say ‘for future water infrastructure or to replace or repair any water infrastructure as opposed to just mains.” 

Kathryn:  “Will the board likely  feel free (???)of adopting the water meter replacement project?” 

Szczepanik: “Sure, yeah, absolutely.” 

Kathryn: “Joe and Dennis have a draft for about a week now, have gone back and forth on a few minor items, it’s really a very straight forward bid document, it’s essentially for labor only, to install the water meters, we are required that contractors are fully responsible for contacting property owners.  We really don’t want to burden the town staff which is already over worked.  So, the town has already done and can already say that the project is coming, the contractor that is hired will be responsible for reaching out by mail, …ya know, they can obtain phone numbers thru public record,   and basically say ‘we’re doing this project, please contact us to schedule per our window to come in and replace the meters.’  The other item that is included in the document is to replace the stems and the curbed _____ , the line that turns the ____out of the ground…they are old and rotting.  We have allowance in there for around a third of the cost to have that ___ replaced.  So, the way that we’re bidding this is it will be on the streets March 4th, we’re a four week bid period which opens on March 28th and then we’ll get the bids and then decide.  We’re asking the contractor to be done in December of 2019, if they complete the work by Sept. 30th, and we’ll give them a $25,000 credit which is actually a small percentage of the work, We’re estimating about half a million dollars, the reason we’re opting for that credit is we feel we’ll make more money if the meters are operating sooner.  So normally we don’t see incentives for public projects, now we currently have two projects that have incentives.  The only reason why it’s allowed is that we prove we will save money.  And that is the reason why that was allowed in the document, it normally wouldn’t do that.” 

Sczcepaniak:  “Is that with the caveat that that’s why the…ya know.”

 Kathryn: “It truly is approved by the town.  It can’t have two laps (?), it will be quality incentives to get the work done earlier and accumulate more revenue.  If they don’t meet that schedule, they have until the end of the year to get that work done.  And the town will be fully responsible for inspecting the meters.  The onus is on the contractors to do the coordination.  Some municipalities have said ‘oh we’ll coordinate’.  It’s a nightmare to coordinate 1700 meters being installed.”

Steve Walsh:”Can I ask a question on that?” 

Sczcepaniak:” You can sir, during privilege of the floor.” 

Kathryn: “So does the board have any questions about the document?”

No questions.

Ballston Lake Sewer Project Update
Kim Kotkoskie, project manager, gave some background on the project. In 2012, NYS listed the Lake as a NYS Section 303(d) Impaired Waterbody. In 2015, the sewer district was created based on a Map, Plan and Report written by Delaware Engineering and reviewed by C.T. Male. In the report, the cost estimate was $10.2MM based on preliminary engineering. The project went to a public vote that passed. In 2016, the Town received a grant ($2.5MM) from the NYS Environmental Facility Corp. which is a clean water State revolving fund. In 2017, a design phase was initiated, a new contract was awarded to Adirondack Mountain Engineering, legal work began and other subcontractors brought into the project. Surveys, and fieldwork were done, extensive plans were initiated, a sewer use law was drafted, an operation maintenance agreement was signed for the sewer with the Towns of Ballston and Clifton Park, and public informational sessions began. In 2018, a detailed design phase began.
There are over 200 easements on the project, final plans were done and a closer look at cost was done. At that time, it was realized the costs had increased and the grant was after the date the district was created. Overall project costs were increased to $12.7MM which included the grant money. Agencies approved the plans, bid documents were prepared and released in December. In January of this year the Committee entered the construction phase and went out to bid. Bids were opened on January 29th. This whole-time frame cost $760,000. The project was put out to bid knowing two contracts would be signed; one for the construction of the project and the other for electrical work. Three bids were received for construction only: Bidder A: $12,352,470; Bidder B:
$18,629,509 and Bidder C: $19,311,507. Bidder A withdrew their bid due to a multiplication error for rock removal which created a $2.2MM difference, and their bid had to be withdrawn.
Currently the Committee is looking at different aspects: Is the project too large? Is it too complex? Are contractors too busy? Are State requirements a deterrent? Every line (100s) item was evaluated on discrepancies to our estimates and the bids that were received. Items that had larger discrepancies were maintenance and protection of traffic, drilling, service taps on everyone’s connection point, general mobilization line, site restoration. All parties involved (Ballston, Clifton Park, Saratoga County, NYS EFC) are currently looking for the best path forward.


Goslin: “I’d like to comment if I could.  First of all, on behalf of the town of Ballston, I do have to say we’re obviously very disappointed with the bid results.  This, for a large group of people in the town, has been a 5 year effort and to not be in a position where we can move forward with this project currently is a very difficult position and not the position we obviously wanted to be in.  Having said that, ya know, we could wring our hands, we could go out and find some people to blame and some things to blame and some of that’s already been done, but I think that the best thing to do moving forward is to take a step back, look at where we are, look at our options, and as a town and as a board, make a decision to choose how to move forward.    So with that in mind, we met several weeks ago as a group and a lot of the people that Kim mentioned were there. We brought in the town engineer, CT Male, Adirondack Engineering, the county was there, the town of Clifton Park was there, our attorneys were there, and we said ‘how do we move forward?’  And the sum of that evening was to the engineering firms involved and that would be Adirondack , CT Male and Kim is an engineer as well….to go out to the contractors and try to determine…or try to see what they could learn.  In other words, understand what might have happened, and umm, I’m gonna tell ya that I’ve seen the preliminary results of that, and about everything is in there, ok?  There are some estimates that could have been better, yeah there are some estimates  that may have been low, and some estimates that were spot on.  There are overhead figures that are out there, there are rock, there’s wetlands, there’s small roads, there’s market conditions, there’s overtime, there’s traffic control, theres yada yada yada.  You name it, it’s in there.OK?  So what we’re going to do with that is we’re going to summarize that document so that the public can see it and we also asked the engineering firms to write a letter based on what they have observed and who we’ve spoken to and suggest paths forward by the town. So probably by the next meeting Tim we will have a report on what we’ve learned, we will have recommendations from three different engineering firms and then it begins the town determining what they may want to do.  Alright?  Right now the options moving forward are we could do nothing, we could sit right where we are , we have a lot of things that we’ve accomplished , we can put those in a time capsule , we can put in the design, we can put in all of the easements, all of that, we can give $1.7 million back to the state, we can do that and just walk away and say ya know what?  Sewers around Ballston Lake are just too expensive.  And they are expensive.  We didn’t miss this one by a little, we missed it by a lot.  The other thing people are thinking about is you could re-bid this as a smaller project.  Some people think that these size of the project may scare away some smaller vendors, or smaller contractors, and the sum of the parts may be less than the whole.  That’s certainly an option.  The …ummm…you could divide this larger sewer district up into smaller districts.  You could say Buell Heights is one, the West side, the East side, the town of Clifton Park…that’s an option.  So that if you did go out to bid you could build the sections that make sense from a cost point of view. And I think there is a lot of other alternatives there.  One of the things that’s been suggested to me, and maybe its time for the town to take a step back and look at some of the other ideas that we’ve received and maybe study those before we look at moving forward. So at this point in time I’d just like to summarize where I think the town is is that A) we’re obviously disappointed, (B) we’re trying to learn as much as we can from the bids we got back, we’re looking for some engineering recommendations, we still have $1.7 million of state money, we’ll talk to EFC later in the week about how that money could be used, I’d hate to give that money back, but we really need to take a step back and try to figure out where we are and figure out what the best way to move forward is for the town and I would just state to everybody her that umm…that this isn’t something that they need to decide today, tomorrow or next week, the money ….alot of the money and the funding is out there for 10 years.  There’s a lot of opportunity for us as a town to really take a step back and see where we are.  We should have more at the next board meeting.”

Sczcepaniak:  “Well stated councilman.  One thing I want to add to that is the easements…all the work…that was performed already, I checked with our attorney Deb Kaelin about that, in other words, how long does a easement that’s been granted last, and …”

Kaelin:  “It runs through the land”.

Sczcepaniak:  “So, that’s another good aspect if the project does get shelfed.”

Stewart:  Has two questions, the first is that as a town board they are responsible to do something when a water body is deemed impaired and she wants to hear from Kim and have Kim explain what responsibility the board has and what action the board must take to satisfy their responsibility.  The second question is what is the percentage of septic systems around the lake that are failing?  How do we determine what systems are failing?

Kim:  “I would do the TMDL first (Total Maximum Daily Load). So what the state would be looking at would be specifically phosphorous, and they would want you to do studies as to how much that lake can handle of phosphorous, and what are all of your sources of phosphorous?  And eventually you have to look at all of your sources of phosphorous and say ‘you’re allowed from your streams to have so much coming in, umm…and how are you going to measure it, so this is a very difficult thing, from your runoff, from your septics, you figure out all of your sources and you would assign what is your maximum allowed into the lake from each source.  So looking at that amount that is healthy for the lake , this would take years to really create that TMDL. There are other water bodies in NY state that are going thru this process with DEC.  And then once you have the TMDL created it takes even additional years for it to bounce back.  It’s a very lengthy process.”

Stewart:  ” Generally, to bounce back, something needs to change.”

Kim:  “Yes.  So, what it would mean for the community is that permit limits would be set on each of these sources which means people would literally have to change how they function so these sources don’t continue to contribute. And then your other question is how many septics are contributing and how do you measure that?  And this is a committee that Dave and I, we go to the county on a certain frequency, we meet with them, that they’re really trying to beef up the septic monitoring and education process in Saratoga county and that would involve more inspections of peoples homes , how they take care of their systems, eventually , and this is a comment I heard from EFC is ‘do you have documentation on file where people have bumped into situations where they need help? ‘  And right now that documentation is lacking.  The fingerlakes they told me, go look at them, they took their building inspectors and they trained them in septic technology so that they go out and inspect everybody’s homes.  So, it’s not an easy solution that way, either. “

There was discussion on possibly creating a Septic Use Law.

Burnt Hills Fire Department North Station Acquisition
Sczcepaniak:  “ We talked about this at previous meetings, and fire commissioners have discussed this and we actually want to move forward with this proposal.  Again, we talked about a great location for Sherriff Zurlo.    Sczcepaniak stated “Talked to Sherriff Zurlo, he’s interested in that, and with our population will be exceeding 10,000 in 2020 census, we are going to be required to have our law enforcement covered. So, anyway, I’d like to get some input here from the board.”

Goslin asked “what is the cost?”

Sczcepaniek: “They’re trying to determine that right now.  I’ve heard numbers anywhere from 60-80 K.  And the buildings in really good shape, it’s pretty much in move-in condition, and so I’d like to get some input from the board, what direction we would like to take on this, if any at all. “

A board member asked if the Sherriff is going to charge us.

Sczcepaniak replied “We have to work through all of that, I would assume so. That’s what Clifton Park currently has set up, that’s what Clifton Park has and Halfmoon, they have contracts.  So, that are negotiated.”

Goslin stated: “So we can give a, apparently, a location at Town Hall here.  It would also help our security problem, to have a Sherriff in the Town Hall.  So, I think the real issue is…what is law enforcement…I’m all in favor…I’ve been in favor of hiring law enforcement for a long time.  I just don’t necessarily want to tie it to the firehouse.  So, it’s a place you have to maintain, heat, pay for.  Unless there’s a valid reason for it.  Although I’m not opposed to it so I guess we need to understand what the Sherriff would…I would approach the Sherriff two different ways.   I would say ‘yeah, we may want to contract for an individual for a certain period of time but it also may be a good place for a sub-station where these guys meet, just the traffic in and out of there would help us, so maybe….cuz I know Clifton Park contracts are in the hundreds of thousands of dollars to have a Sherriff that…to be there…so if we could work something out where it’s sort-of half sub-station, half resource for the town, I think that that would work out.  If they If they would prefer a separate location, ya know, the kind of money we are paying for the station as opposed to what we’re paying for the resource is really nothing. “

Szczepaniak: “What about the rest of the board?”

Stewart: “I’d like more information.”

Curtiss: “I’d like more information, too.  There’s an issue. I’ve spoken up about this a few times as far as farm traffic safety.  Yes, it’s an issue, but again what are the real annual costs going to be?  I have myself noticed in the last couple of years since we started to talk to Sherriff Zurlo about these issues a couple of years ago and I have noticed more of a sheriff’s patrol on these rural roads.  Also, the state police as well.  So, as I’ve seen that more intensely in the last six months. Let’s just see how this rides.  Apparently, the sheriff is listening to us, there are more patrols in the area.  And this is what I see, and also the state police, so we’re really getting ahead of what the costs would be.

Sczcepaniak “One last thing, I’d like to ask our town attorney to look into the legal aspects of when we change that classification.”

Attorney Kaelin: “The requirements.”

Sczcepaniak: “Yeah, if you would.  For follow up I’ll get with Sherriff Zurlo, get that dialogue going, get that information that we’re looking for, in the meantime Deb will go out and see the legal requirements there, too.”

Lighting Assessment
Sczcepaniak said he received an email.  Back in 2016 they conducted a lighting assessment with National Grid, energy efficient program and they’re interested …if they want us to revisit a no-cost energy assessment of the lighting inside and outside of Town Hall here, again it is no-cost and again the LED lighting to upgrade, it would be an upgrade to LED.  So again, is the board interested in that?  A no-cost obligation to have an assessment done again?”

Goslin “Yes.”

 “It’s a no brainer.”

Sczcepaniak: “Ok, we’ll reach out to him and take care of that.”

Privilege of the Floor on Resolutions:

1.     Steve Walsh, Kingsley Rd:
“I just need more information. Will all of the curb side valves be tested?  Or do you shut off the inside valve for the meter? 

Katherine from engineering: “The curb valve will be shut off by the water department.”

2.     Zachary of Rip Van Court, Town of Milton, a student at Ballston Spa spoke.   He offered an idea to have school students in the environmental clubs help with cleanup around Ballston Lake. 

Goslin mentioned that the first Saturday in May is a county-wide clean up, you meet at the Ballston Lake Firehouse.

3.  Jill Strock, Lancaster Court
“I’m a new resident.  I just moved here in July.  And so, some of the issues that I am seeing is and just trying to figure out the correlation of just how agencies are working together, from an outside view, I don’t really see that actually happening.  So that’s just my personal observation, as far as saying that the certificate for septic systems inspections does not exist, I wanted to know more about that, and what departments you are working with, I work with the department of health.  I also work on community health assessments which is coming out for 2019 for the county and a lot of our incubators as a county are directly related or similar to the issues that are happening here.  So, I just wanted to know more about the town there, so I’m just very interested in learning and understanding so that I can learn more about our town and community.

4.      Peter Solberg, 166 Charlton Rd:
In reference to Resolutions, I saw that the reappointment of David Blair for the Planning Board First Alternate doesn’t have a term expiration date.
In reference to the water meter replacement, I think there was a 30% loss that we’re expecting to re-coup so that’s a net add for residents, but it may be a hidden cost for residents because they may or may not be aware of that 30%.  I’m sure there are residents that live in that water district that do not understand that they should expect 30% increase on their bill and that it’s not taxing dollars for that equipment, we’re going to recoup that from the resident’s, the additional 30%.

Sczcepaniak:” Well, there’s actually variables there. “

Peter Solberg: “It’s going to be a surprise for residents.  Whether they’ll see the 30% and say “whoa, this is a whole lot different.”  So, it could be more for some and less for others?  I’m just hoping that during this process, residents should be aware that it will be increased.

The other is that I believe there is a lot of discussion about third party contractors that are used for replacing water meters.  There’s a whole slew of reasons why they don’t get installed.  And there’s some pretty good lessons learned that I think the state submitted on individual townships that are getting contractors to do the install.

Goslin:  “I think they’re modeling after Glenville which really just completed their replacement, we’ve been in touch with them, trying to figure out lessons learned, the issue is you just don’t have the manpower, and the time that they have to replace the meter is not during the normal work hours of the highway/water/whatever else we need to have done, so the manpower is not really there. “

RESOLUTIONS:

RESOLUTION 19-21
Approve to authorize the financial administrator and the bookkeeper to make budget transfer adjustments for 2018 - results to be completed by February 28, 2019.
Passed

RESOLUTION 19-22
Approve Chuck’s Reconditioning to perform body work, painting for the recently purchased ambulance to be used for a water department service truck in the amount of $5,425.
Passed

RESOLUTUION 19-23
Approve payment to AJ signs in the amount of $1,800 for town emblems and 3m high visible safety markings and letters for the recently purchased ambulance to be used for a water department service truck.
Passed

RESOLUTION 19-24
Approve Hodgson Russ LLP as bond counsel for the consolidated water district project not to exceed $6,000.
Passed

RESOLUTION 19-25
Approve setting a public hearing required under town law with respect to the consolidated water district project for Tuesday, March 12, 2019 at 5:45 p.m.
Passed

RESOLUTION 19-26
Approve the bid documents prepared by C.T. Male for the consolidated water project to be released on March 4, 2019 with a bid opening date of Thursday, March 28, 2019 at 2 p.m.
Passed

RESOLUTION 19-27
Approve authorizing Ed Hernandez of Adirondack Mountain Engineering to reject the sewer bids and release the bid securities for the Ballston Lake Sewer Project.
Passed

RESOLUTION 19-28
Appoint Sarah Statham as a member of the Parks & Rec Committee commencing February 26, 2019 and ending December 31, 2023.
Passed

RESOLUTION 19-29
Appoint Caleb Farrell as a member of the Parks & Rec Committee commencing February 26, 2019 and ending December 31, 2023.
Passed

RESOLUTION 19-30
Approve the Ballston Spa Central School District’s Annual Scotties Stampede, the Ballston Apa 5k for Education, for Saturday, April 13, 2019, to use town roads that include Mann Road, Garrett Road and Ballston Avenue.
Passed

RESOLUTION 19-31
Approve building inspector Brian Theriault and assistant building inspector Eric Rutland to attend the Adirondack Code Enforcement Officials Annual Conference in Lake Placid March 3- 7 at a cost of $305 for class and $432 for hotel per person plus reasonable expenses approved prior by the supervisor.
Passed

RESOLUTION 19-32
Approve the reappointment of David Blair as the first alternate planning board member effective immediately.
Passed

RESOLUTION 19-33
Approve to reschedule the second public hearing for public comments on the town of Ballston’s current Development Block Grant (CDBG) project: 73ME101-16 Microenterprise Grant - $200,000 for Tuesday, March 26, 2019 at 6 p.m.
Passed

RESOLUTION 19-34
Approve the rescheduling of the public hearing for proposed local law #1 of 2019 amending the Katz Pudd for Tuesday, March 26, 2019 at 6:15 p.m.
Passed

RESOLUTION 19-35
Authorize the supervisor to proceed with National Grid to replace street light bulbs with led lights at a cost of approximately $7,043.62 with reimbursement of $7,355 through an energy efficiency incentive from National Grid.
Passed


Privilege of the Floor:

1.     Scott Draina, Outlet Road
I have a question about the water meter replacement for the third-party contractor and how that works as far as their authority, especially someone mentioned about after hours.  What if a homeowner doesn’t allow the contractor into their home to replace the meter, what kind of authority does that third party have?  Can you do anything about it?

Joe Whalen: “The town has the right under certain conditions to enter the home”

Katherine (from engineering): “We are aware there are issues”.

Draina: “What about vacant homes?

Goslin: “There’s always the option to turn the water off, too. Then they might let somebody in.”

Draina: “My comment was, I heard rumor, and it’s obvious that Charlton hasn’t built their fire department yet, but it’s been planned for 10 years at least now.  But I heard they were thinking of a similar situation, if and when they ever do build a new fire station, that they are basically going to give the old fire station to their Charlton police sheriff and the state police who have their barracks in Charlton now.  So, they’re going to have a multi-unit station at their old firehouse.  So, it’s something to consider, the sheriff says ‘yeah we’ll move it here’, and then they bring an even nicer newer larger place.”

Sczcepaniak replied that that was the first he heard of that and what he’ll do is talk to Al Grattidge, who he sits next to at the County Board of Supervisors about it. 

2.     Eric Connolly, Lancaster Court:
“I’d like to discuss what’s going on over in Stonebridge PUDD with regards to the proposed development.  Did you receive our petition that we had stamped by the Town Clerk?”

Sczcepaniak replied “yes we did receive that”.

Eric Connolly: “So we’ve been organizing as a group for 3-4 weeks now discussing what’s going on.  The more we get organized, the more stories we hear about the water issues over there.   105 and 107 Lancaster Court in particular have had a ton of water in their back yard, primarily during the storms, the storm water is not really doing what it is suppose to.”

Sczcepaniak: “could you reach out to our storm water management individual over there in the building department, Sophia Marusso?”

Eric Connolly: “I did.  Yeah, that didn’t really go anywhere.  So, we kept meeting.  And, Michelle Brant on Lancaster and a number of other homes have had significant flooding in their basements.  We’re also going to talk to the Planning Board tomorrow night as well and                       reach out to the engineer plan about what was supposed to take place and what actually took place.    We have some neighbors people here, if you wouldn’t mind standing… that have water issues, put it on the record, we’ve got, there’s two neighbors….”

Barbara Beers:  “My daughter Megan, she lives right next to it and she has major flooding in her backyard.   Submitted that picture, I did turn them into the Planning Board back in November. 

Eric Connolly: “ So, we decided to do some research and we were looking at the type of delineations and regulations and laws regarding those and storm drainage SWWP laws, and I had Ryan Biggs, Clark Davis Engineering & Surveying, D.P.C, actually Thomas H. Field III, P.E. came down and he walked that block in question and it’s just north of the Beer’s house, 107, and he was shocked.  He said you definitely have issues going on here and he basically read some of the Army Corps of Engineers information that said wetlands can definitely move.  Wetlands can definitely be created due to all of the development in Stonebridge area.  So, with that, we’d like to request a moratorium on all future development inside of the Stonebridge PUDD for a period of 8 months.  Or until proper environmental studies are re-visited.  We feel significant changes have occurred with regard to drainage and wetlands.  In the research that we’ve done we did find that wetland delineations expire after 2 years, it can go as far as 5 years.  But everything that we can tell or can dig up, show studies were done almost 12 years ago in the Stonebridge PUDD.  So that’s kind of our basis for requesting a moratorium, from having that engineer out and based on exploration of studies that have been done”

Sczcepaniak:  “One thing I like that, that’s why I invite our town engineer to our board meetings here, for questions like this, and I know we have our guys here, at the Planning Board meeting still, Katherine do you want to comment on that?”

Katherine: “I’ll comment as well as I can given that, this is new.  Or new wording.  It’s not a new issue.  I’m well aware of the issues they’ve had in a past report.”

Eric Connolly: “At Stonebridge?”

Katherine: ”Correct.  You are correct that the wetland delineations expire, that wetland changes, moves around.  Umm, I guess the best forum for this would really be at the Planning Board tomorrow night.  The application is before the Planning Board, it is not before the Town Board, it would never be in front of the Town Board.  In terms of the PUDD language, the town wrote that, but the applicant is not coming in to change the zoning.  He’s coming in to build a site permitted for that zoning.   The engineer for that developer has proposed a site plan for that zoning. CT Male has commented, we do have a comment letter that will be brought up at tomorrow night’s meeting.  Ya know, that’s the appropriate board to discuss this issue with.  Secondarily, issues with basement flooding.  That is not a town board or planning board or zoning board issue.  That is for building code, or possiblyand I am not saying this is the case, I’m just saying this generally.  It’s not my professional opinion but it could actually be something that was done during construction.  That really, the town boards themselves would have no basis, ya know, it’s very tough to say that the problem that you’re experiencing is because of X.  In my experience, storm water, ground water, wetlands, they generally don’t have one defining, reason as to why this is happening.  Ya know, you have to look at it in terms of what the board can legally mandate. So, again this is not a Town Board matter, it is a Planning Board matter at this point for the application at the Planning Board tomorrow night. “

Eric Connolly: “I expect that we are going to show up there in much larger numbers, we didn’t really plan on coming tonight, but I was informed that the town Planning Board does not really have the authority to do any type of moratorium.”

Goslin:  “Your right. I’d like to say that I was talking to Peter Solberg last night, he indicated to me some of the issues you guys have.  I think that the town board, as your representatives, needs to fully understand the issue.  I think if you sought relief from our enforcement folks and you have not gotten what you were looking for, we should bring them to the table.  And I certainly think that the new buildings and things that are going in are a Planning Board issue.  But I understand that there are questions as to how things were built and why things were built and the plans one way, the plans another way, these are all rumors that I’m hearing.  But I would like to hear about are your issues, and I would like the town board to be fully aware of what your issues are and then make a decision about respective to Katherine’s opinion, so, I’d be happy to meet anytime, invite the board to do so and I think we should have our storm water folks there as well.”

Eric Connolly: “Is the issue of wetland delineation and expiration of that, who deals with that?  Is that a planning board issue?”

Katherine:  “The Army Corps of Engineers is who is regulatory, who’s in charge of that, there are state vs. federal, the town does not have jurisdiction over wetlands so if you have an issue with that, you actually have to talk to Army Corps of Engineers and you have to take it up with them, you have contacted the Army Corp?  (Eric replied “YES”) So again, that’s something…we have no say.  Ya know, CT Male have scientists, we can go out there and delineate the wetlands all day long, but this town doesn’t delineate wetlands.”

Eric Connolly: “That’s why we want to request the moratorium because if there is an issue, the wetlands have changed, the SWWF is way off from when it was originally created.  We can’t see that move forward because that’s going to affect both sides of Stonebridge Drive and downhill to Lancaster, and we don’t want to see the town be liable or the residents themselves suffer.  I mean, what they have experienced…. The Beers family is at their wits end. Mr. Beers, Jeff, he’s out there ice-picking channels to channel water away from his house…at his age ..”

Sczcepaniak:  “So like Councilman Goslin said, it sounds like there’s definitely a serious issue there, it needs to be slowed way down, need to bring the experts to the table, as Katherine said, get the right folks there, and I’ll tell ya right now, if we did need to put a moratorium on that so they can’t do that, I would have no problem entertaining that, again, the folks that it actually does effect.  I’ll tell ya that straight out.” 

Eric Connolly: “Ok. We’ll be back tomorrow night.”

3.     Barbara Beers, 107 Lancaster Court: “I have a question, I’m not sure who this should be presented to but it’s my understanding that Encon has no authority over our wetlands because it’s not 12.5 acres or larger.  Under 12.5 that comes under army corps of engineers.  And they do not require a buffer between the building-and the wetlands.  Howeve, it’s my understanding that a lot of the towns do require a buffer regardless of the fact that the army corps of engineers does not.  Does the town of Ballston require a buffer?  And I’d like to know why they don’t.  I would like to understand why not in our town”

Katherine:” I’ve got the answer to that.  No. Does the town board want….”

Goslin: “We did increase buffer size on the creeks, I know that.  We passed that in the latest zoning, the proper buffers were made by the creeks.”

Barbara Beers:  “Because I want talked to the Supervisors from Town of Clifton Park, Town of Milton, Town of Greenfield, they all have a buffer and they were quite surprised that the Town of Ballston does not and my husband and I and my daughter who lives right next to us are suffering the consequences.  So, I hope that that might be something that you can fix”

Sczcepaniek: “So we’ll do that, and as Councilman Goslin mentioned earlier in the meeting, those handful of items we still need to look at.” We will definitely add that.

4.     Jill Stock, Lancaster Court:
We are next to the newest development of town homes.  They have not closed on those houses, three of those homes have been flooded before they have been actually lived in.  And that is under a new builder. So, I just wanted that to be noted.  The second thing is, I don’t understand why this is not a board issue because we have a large amount of homes that have not been developed, we have luxury apartments that are not at full capacity, and we are looking at the town putting more condominiums in when we are not even filling to occupancy the homes that we have, and the luxury apartments that have not been filled yet. And so, that is an economical issue, all of these developments are not on any major transportation line so it will only bring in a certain type of individual, and clearly over the last five years we have demonstrated that we have not brought in those individuals that would fill the housing, and so I don’t understand why this zoning problem is not a board issue,  I feel that our goal is to build our town economically and so building more homes in a town where we don’t have full capacity just does not make economic sense.  It does not look good on the town, it doesn’t look good as an employer, it does not look good.  And you have tons of homes that are available.  Why are we not having new people moving into the area?  And so, I think it’s kind of bad for condominiums, when we still have a number of vacancies in buildings that are not occupied.  We’re planning new developments, but we have substantial neighborhoods that have not been fully developed.  So, I definitely would like to know what was the thinking behind that and how that is not a town issue, but other than a zoning issue and is not a combined issue why not seeing the full picture and looking at it together“.

Sczcepaniak: “I’ll answer a piece of that.  We looked at our zoning that’s about to be implemented, is the PUDDs on the outskirts of our town, we actually eliminated that.  So that there is definitely a step in the right direction, I fully agree with ya, we’re pretty much at capacity here at what this town Comprehensive Plan states in there, okay?  As far as passing for residences, right?  So, we’re there, and it, it is time to slow things down. “

Goslin: “We also added traditional neighborhood design and lowered density for a lot of those, the density for those types of buildings and even if it wasn’t a PUD. So, a lot of the things that you saw or see currently on the east side of the lake are no longer around that I know, and that’s specifically the density that was there. And the PUDD is only allowed on Rt. 50 currently.  I know there’s another creek in town, and we’ want to look at that as well.  We understand and we’ve taken action and more action needs to be taken.  I think Kathyrn was speaking from an engineering point of view as to what the agency does. We certainly would like to understand your issues and take action as necessary and appropriate.”

Goslin: understand the Planning Board has a set of rules and laws, has an attorney there, has an engineer there to advise them every step of the way, so the Planning Board does not in a lot of cases  have the latitude to do some of the things that even the members of the Planning Board would like to do so please understand they have a task and they have to follow the laws or we’ll be sued by this party or that party so “

Jill Strock:  “and that is well respected, my comments have been misunderstood, this town has an award winning school district. It has several key things.  Having this conversation and being a new resident, I have to tell you it is disheartening.”

Goslin: “Well I would say I understand your frustration, but this is a great conversation, this is where we should solve problems like this, this is how we should discuss them.  And this is what small town government is about.  So, I appreciate you coming in and I welcome you to keep coming back.”

5.     Tom Shaginaw, Longcreek: 
“I want to talk about something that I observed at the agenda meeting held on the 29th of January. I would have addressed it that evening but there is no privilege of the floor.  I have been attending town board meetings and agenda meetings fairly regularly for the past several years and at the January agenda meeting I saw for the first time a very disappointing exchange that included some overt and strongly partisan political comments.  There were comments made about the disappointing exchange and actions of the current state of government and how they misspend their time on legalizing marijuana, etc.  There’s no value in that exchange for this town.  Everyone’s aware of the rule of government. No one expects you to abandon your beliefs. However, all democratic government, especially local government benefits from the full engagement of its citizens.  The exchange at the agenda meeting did not encourage that engagement.  It was explicitly antagonistic to different views, that’s not in the best interest of the town.  Now, my observations tonight independent of the content of the comments, Albany or Washington or whatever story set you want to talk about, red or blue, whatever, there’s no value to the town in those conversations.  Regardless of your personal beliefs, regardless of your views of the state or federal regulations, or party affiliation, you represent all of your constituents, you know this, all of the citizens in the town.  Regardless of their political affiliations, regardless of their views, regardless of their personal beliefs.  Be sensitive and aware of it.”

6.     Mark Osterlitz, Magnolia Lane:
Thank you everyone for their comments, there were some good comments tonight.  I appreciated the boards comments on dialing back on development tonight.  I see that developers are really chomping at the bit for these sewers, I see they want to tap into that BLSD and develop develop develop. We not need it here like you have allowed on the edge of town.  Mark then asked about where does phosphorous pollution in Ballston Lake come from.  You say its septics, what does someone put in a septic system that has phosphorous in it?  He continued that we’ve had detergents for a long time that no longer have phosphorous in them.

Goslin: Human waste creates phosphorous.

Dr. Pierce: answered that septic systems that are not working properly are the source of phosphorous.  When sediment washes in from around the lake it ends up in the streams and creeks and contains phosphorous.  Also, the biological depletion of organic material in the lake, like algae, weeds that die in the winter may regenerate phosphorous back into the lake and there’s ways to tie that phosphorous up but NY state has not permitted those materials to be used at the present time.  They were permitted about four years ago.  So those are the main sources of phosphorous to the main water body itself.    New building exposes virgin surfaces, rainwater comes down and washes over the surfaces of the land and into whatever waterbody is fed by those lands.  NY State did away with phosphorous in lawn fertilizers so that’s probably why we’re not seeing phosphorous levels going up in the lake at the same rate they were going up 3-4 years ago in Ballston Lake.  He concluded that the phosphorous levels have doubled in Ballston Lake since 2000. 

7.     Gregg Adams, Lake Rd:
Hopes that the Ballston Lake sewer project is not tabled.

8.     Karen Hollowood:
Pointed out that the Stonebridge PUDD is in the Ballston Lake watershed and drains into Ballston Lake, so problems Stonebridge is having directly effects other problems the town is having.

9.     Peter Solberg:
Littles Farm: discussed how there is talk about putting trails through here.  Can we do this?  There’s talk about doing a conservation sub-division and trails would be in alignment with plans.
Talked about how when there is bulk trash removal there are transients that come to town going thru the trash, it can be dangerous for children to be out near the road when people are stopping by and going through trash.  Suggested a notice should go out to residents informing them to be safe.  Another topic was that Charlton Septic will do septic inspections when they pump for a small upcharge.  Also, for federal wetlands there are packets discussing waste removal for wetlands.  So, when waste removal is required for federal wetlands, there are ways to actively monitor and perhaps that technology can be used in a septic type situation. 

adjourned

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