July 30, 2019 Town Board Meeting

Town of Ballston Town Board Meeting

Notes taken by a resident on July 30, 2019

Present:

                                          

Supervisor Szczepaniak

Councilman Goslin

Councilman Curtiss

Councilman Antoski

Debra Kaelin, Town Attorney

Carol Gumiemmy, Town Clerk

members of the general public

Absent: Councilwoman Stewart (personal medical issue)

Approval of monthly bills for July-Resolution 19-117 approved unanimously

Correspondence:

Thank you note from BH BL cross country team for recognition ceremony

Thank you note from Girl Scout Ryan Gordon for support with project of repair of McDonald cabin

Thank you note from Charlton snowmobile club for permission from the town to use trails

Letter rec’d from NYS Dept of Transportation regarding speed limit reduction on Route 50 between Outlet Road and Brookline Road. It was denied stating reduction was not warranted.

Two letters of support from Superintendent of Schools Patrick McGrath and Boy Scout Troop Leader Brian Cooper regarding the Fireman’s Grove Park improvements.

Recognitions:

Sean Corbett Eagle Scout for QR codes in Anchor Diamond Park Resolution 19-118

Ballston Spa HS Girls Softball -Resolution 19-119

Ballston Spa High School Boys Baseball-Resolution 19-120

Supervisor read the proclamation for Sean Corbett detailing his life in scouting from including many merit badges earned and his service project at Anchor Diamond Park leading to his achievement of Eagle Scout

Supervisor read proclamation for BS girls Softball team and their winning season including a playoff which included 20 innings with the same pitcher who threw 190 pitches and the same catcher for the entire game. Several girls from the team were in attendance.

Supervisor read proclamation for BS varsity boys baseball team which included unprecedented success.  After 46 years the BS baseball team captured the Class A title. They then went to the state tournaments, with several wins that resulted in the Class A champs. Several members of the team and coaches were in attendance.

Presentations:

Amsure Insurance Paul von Schenk discussed employee health insurance. Currently town has 2 MVP health plans. Copay plan and high deductible plan. Dental is with CDPHP. For 2020 renewal he recommends keeping current plans, as increase is 7%.

Amsure Insurance Dave Meager discusses town’s property casualty insurance. Everything they have this year will be in the coverage for next year. Modest increase due to acquisitions such as new truck and Fireman’s grove.  The town’s plan also has a cyber policy which covers ransomware.

CT Male John Munsey with Zoning Update: “I am here tonight to give you a general overview on CT Male’s work associated with assisting the town board the SEQR  lead agency with finalizing what’s called the supplemental final Generic Environmental Impact Statement (GEIS) and then adopting binding statements for the proposed zoning changes.  We were hired a few weeks ago and have had several meetings with town representatives to seek their input. Today we generated draft responses to all the written and public comments they were received on the Supplemental Draft Environmental Impact statement. The close of the public comment period was March 22, 2019.  The next step in the process is for the town board to adopt a final Generic Impact Statement for the project. So to assist the town with the process we have developed some draft responses once we get some preliminary input back from the town on those sort of initial drafts that we did we will be in a position in short order of finalizing a complete draft of the supplemental final GEIS for you guys to take a look at. It’s up to you to adopt that document as your document it’s the responsibility of the lead agency to complete that. We’re in a position to assist you in moving forward with that and I would imagine once we get input on the preliminary responses to comments we got I would imagine one or two weeks would be the turnaround to give you a draft, a complete draft of the supplemental final GEIS for you guys to take a look at. It would be anticipated that there would be some additional comments from you that we would incorporate into the document and take it back for the final.  At that point in time by resolution you would have to vote on the document to finalize it.  By finalizing the document you are accepting it then there would have to be certain distribution of that document to all agencies and interested parties, posting it on the town website. Then there is a ten-day waiting period for the SEQR regulations to say environmental quality review act regulations required. Then you wait to adopt the findings. And the findings are essentially your decision presumably to adopt the zoning changes and move forward.  The statement of findings once finalized will put you in position of having satisfied the SEQR requirements and at that point in time you would be able to submit to the state the final zoning changes with an effective date and it would become effective at that timeframe. So, we are in a position to assist the town board moving forward on the project. We have gotten input, we have prepared drafts of the redline version of section 138 for the zoning code and we have prepared drafts of the redline versions of section 104 subdivision code and at the present time we are not making any changes to the proposed zoning, map, and the sending and receiving areas for the TDRs that were incorporated into the draft of the GEIS the draft supplemental GEIS and we anticipate the document is going to include the substance of the document the final GEIS is a response to all the comments, what is the town board’s response to the comments that were received. We did receive a lot of comments that called for a general cleanup of some of the definitions and we tried to rectify that in what we are doing particularly in regards to open space and green space those two definitions provided for and made references to both sections 104 and 138.We are in a good position to help finish up and if you have any questions I will answer to the best of my ability”.

Supervisor states we had previously discussed getting this all wrapped up and over the goal line. He says they had talked about at the August board meeting having the actual vote. He asks if Mr. Munsey feels it necessary to have meeting 8/13 to further discuss. Mr. Munsey says this is at the board’s discretion.  Supervisor states we will have a special board meeting at 6pm. There were some extra items such as expanding the historic district, they will be handled separately.

Kincaid Solutions Dillion unable to make it but gave Jeanette Borthwick the information. Monitors and scanners $15,887. Discussion of a laptop for Rick Reynolds $800. Carol had asked about a color copier Kincaid is in discussion to lease this.

It will be under $17,000 but that does not include shipping.

Reports:

Library summer reading program ends 8/9 last day to claim prizes is 8/14.  Registration for fall library programs begins 8/12. They are accepting bids for the sidewalk replacement till 8/9. Grant request being put in for funding to create a history room and changes to LED lighting.

Dr Pearce did chloroform testing in June and then in July and it has improved. Lake clarity is clear to normal and the algae development has been slight this summer. They have submitted the info the DEC requires for the grant,

Kathryn Serra says it will be a busy few months with road dedications, 4 at least with several miles of road.

There will be a detour on Stonebridge Dr for 2 weeks as work is done there.

Joe Whalen states 802 water meters changed, 183 scheduled. Complaints of shutoffs leaking after installed, they have fixed about a dozen. At this rate they should be done in September.

Jeanette Borthwick gives financial report. Just starting budget items today. The software conversion project Carol, Jodi and Joanne were in training 2 days . Go live date of 10/1/19. She is looking for all budget info by the end of the month.

Supervisor Report:

Supervisor states there was a serious situation at the BL Motel needed involvement of the town attorney and building inspector. There is a new owner there who wants to make tremendous improvements. There was somewhat of an eviction process.  The two individuals were living in disgusting environment the worst thing he has ever seen.  Sheriffs involved.  New owner really trying to make change and cleaned out the apartment immediately.

Clifton Park is having a hazardous waste disposal day on 9/7. Clifton Park wanted to know if people in our town wanted to participate. It will be a $75 application fee.

Councilman Reports:

Councilman Curtiss states 178th Saratoga Co Fair had better attendance, only one afternoon of bad weather. Great success. He states Thursday morning there was a few hours when fair was open without flashing lights and loud sounds for people with sensory issues.

Councilman Antoski:  just a few issues he has heard from town residents and he will speak to the supervisor about them.

Councilman Goslin:  He is appalled at the letter rec’d from the state denying the lowering of the speed limit. He states the state is not looking at prevention of an incident, they just look at deaths and they really should look at preventing injury and death.

Old Business

Sidewalk Grant Project Lake Hill Rd

Kathryn Serra has been working with Councilman Antoski on the sidewalk grant project between Lake Hill and Route 50. There will most likely be boundary issues, pole issues.  A boundary survey will be needed, easements will be needed. There will be 700’ of sidewalks.

Carpenter’s Acres Sewer

Resident of C Acres (name inaudible) following presentation in April from Kathryn Serra she polled 77 parcels

1/3 strong yes 1/3 No 1/3 no response or no decision.

She is looking for the board tonight for next steps. She has a map of homes that are in great need of sewers. Supervisor states Kathryn and Ed could evaluate and see is it doable? Goslin states that is where they were at in April. He states plan that Kathryn came up with was viable. But the question was who wants to be in the district and who does not. Question is how they get to the map/plan/report that would show the parcels in the sewer district.  Someone is going to have to draw a sewer district and the people will have to vote or the town board will have to vote in a resolution whether to vote in their behalf.

Resident states around 30 want it.  Goslin open to any suggestion on how to get past this. Kathryn’s suggestion is it seems like the 77 parcels that CT Male was tasked with looking at was really the first push to get from the full neighborhood to a more central portion. Now that the cost has been presented many of the people say I am not interested. Kathryn suggests tweaking the feasibility study to just the option of Robert Drive. And determine where would the pipe go would we still need to run it parallel from the apartment complex. They may end up with a sewer district just for 30-40 people. Goslin states great idea and the board should authorize town engineer to do that with the idea of moving it to map, plan and report at the next board meeting. Kathryn will have feasibility study done in the next few weeks and ready for the Aug board meeting.

Old Firehouse Substation Update

Les Bonesteel gave the town a 3 year metric of electricity $4800 for 2018, gas was $2800 for 2018. Supervisor met with Sheriff Zurlo and there will be a sheriff stationed there 24/7 with no cost to the town. This will save the town hundreds of thousands of dollars over the years. Will be sold to town for $60,000, Les Bonesteel states last appraised at over $100,000. Councilman Antoski asks Mr Boonsteel how did this station come about originally. He states it was built in 1970 part of the expansion of the fire district. Various improvements have been done.  Mr Bonesteel asks another fireman in the attendance about the original acquision of the property. He states it was originally built in 1959, the new station was a donated parcel. Supervisor states some improvements will be needed as Sheriff Zurlo requested a locker room, and supervisor has from his full time job some unused brand new office furniture that will be donated.

Rebidding for the Ballston Lake Sewer Project

Ed Hernandez from Adirondack Mountain Engineering has meet with CT Male and feel the market conditions at the time and the size of the project impacted the high cost of the two bid amounts received earlier this year. They have decided to break the project into 5 smaller projects. They met with Saratoga Co Sewer District to discuss changes in their standards to allow some changes in construction materials. New bid documents will be put together with those recommendations and they are ready to put these out for bid in hopes the project will come in with a debt service under the amount approved by residents of the BLSD. A second path is to apply for some additional grant money in case the project does not come in under that amount. They are working with CT male to submit a CFS application with the state to request up to $5 Million in grant money.  Bottom line they are hopeful the project will come in under budget this time and it can move forward when the bids are submitted by Sept.  If it does not come in under budget it is likely there will be some additional grant money received and the project will be delayed but still moved forward.  Bids due the week of 9/16-9/19. Councilman Goslin thanks Ed and his company which is doing this project on a contingency basis. The town will not be charged unless they build the project and he is optimistic and the board is reminded they are obligated to build the sewer district based on the resident’s vote to build it. Kathryn Serra states CT male did a cursory review of why the bids were not in line with the budget. All suggestions they have made were incorporated and they do suggest this move forward with the schedule submitted.

Memorandum of Agreement for water and Summerhill project

Kathryn Serra states the developer for this project came before the Planning Board in winter and spring, there was a lot of public comment mostly in regard to the water extension being brought to Scotchbush Rd which the town has been trying to do for at least 20 years. Should this developer to the entire extension down to their development and just close the loop or do they do the minimum amount just to serve their property?  There were discussions made there would be money set aside to cover this loop. The property across from this project formerly owned by the schools would this developer was to proceed they would need a large extension which would mean the town would also negotiate with them.  The MOA would be a way to compromise but Kathryn is not exactly sure of the legal language. Deb Kaelin states CT Male did a study of the parcels in the area. The town asked the developer to close the loop, but this was not financially feasible. So, the proposal was the developer would pay X amount of dollars to go in the escrow account so when the larger parcel is developed this would be in exchange for the extension of water there.  So, the total amount in the escrow account will fund the remainder of the loop. Supervisor states Matt Chauvin is the expert on this agreement. Councilman Antoski asks if the end product is that that other parcel that has not been developed, that is a mandate as far as the development wants to put into escrow to complete the project. Kathryn states that parcel is currently not developed, and they have not come to the town for any discussion usually had before coming to the Planning Board.   Councilman Goslin asks how much will be put in escrow. Answer: $651 per lot/29 lots. Goslin states this is less than $20,000. Further discussion on how much the extension would cost and Goslin does not feel this all adds up to do the extension.

Supervisor states there is a resolution tonight for 1 board meeting per month for the rest of the year, the last Tues of the month.  Unless they have an issue that requires a separate meeting, such as August 13th. Security cameras they are reaching out to vendors to get some quotes to get cameras.

Privilege of the floor for resolutions only

Wes Devoe Res 19-30 states he has lived on the lake for 40 years. He hopes all board members will vote yes on this resolution as the idea to break up into 5 parts as he thinks will bring down the total. He states Saratoga Lake after sewers got much more clear and he thinks BL will follow with the same.

Dennis Pokrzywka Res 123 and 126 Did they submit the microenterprise grants due in June that the emergency committee had set up with templates? Supervisor states you had mentioned you would submit. Dennis states I have not been on the committee since January and asks again did the town submit? Supervisor states not that I am aware of. Dennis asks is there an existing disaster plan, have they been submitted, are they available? Supervisor states you can get from the Emergency Committee. Dennis said where are the minutes from the Emergency Committee?  Goslin states these comments are not part of this resolution. Dennis states this is all related to the cost of insurance rates. Supervisor states these questions are not related to any resolution so we will not continue this discussion. Dennis asks again about the microenterprise grants, says Kelly sent him a cryptic email. He asks about security cameras and is told this is not a resolution. Res 19-130 Dennis asks is there an amount approved for this? Told this is pro-bono work and was discussed earlier.  19-126  What does this exactly insure? He was told Mr Meager had a presentation earlier that covered that.

Eric Connolly 84 Lancaster Court 19-124 he states Councilman Goslin mentioned it would be $120,000 short of water extension. (Discussion with Jeff Knox of the amounts again with escrow account, etc. and how far down the water extension will go.)  That this is a compromise that was worked out. Eric asks about the remaining 49 lots. Supervisor states there is a lot of confusion over this. Let’s table resolution 124 tonight and have Matt Chauvin explain at the meeting on 8/13.

Resolutions:

Resolutions 19-122 motion required

Consider approving the schedule of the remaining Town Board Meetings for 2019 as follows: Tuesday, September 24th, Tuesday, October 29th, Tuesday, November 26th and Monday, December 30th. There will be no Town Board Agenda Meetings.  Vote 3-1 Councilman Antoski voted no, feels they are jamming too much into one night

Resolution 19-123 Motion Required

Consider approving to update computers at Town Hall at a cost not to exceed $20,000. Funds will be dispersed from General Fund A’s fund balance.    Unanimously approved

Resolution 19-124 Motion Required

Consider approving the Memorandum of Agreement between the Town of Ballston and New York Development Group/Saratoga, LLC d.b.a. the Preserve at Summerhill regarding the extension of a water line within the Town of Ballston Consolidated Water District.   Tabled due to more discussion with Matt Chauvin on 8/13

Resolution 19-125 Motion Required

Consider the acquisition of the old Burnt Hills Fire Station #2, 400 Charlton Road, Tax Map ID# 238-1-1 for $60,000 plus all associated closing costs including a full structural inspection and other inspections that would allow use of the property as a substation for the Saratoga County Sheriff’s Department, including ADA compliance. This purchase will be subject to a permissive referendum; the Town Attorney’s approval of a contract of sale; an appraisal of the property and a multi-year contract with the Saratoga County Sheriff’s Department providing law enforcement coverage 24/7 at no cost to the Town. Funds will be dispersed from General Fund A’s fund balance.

Vote 3-1 Councilman Antoski votes no, states the building was built by town funds it is like we are paying for it twice. Passed 3-1

Resolution 19-126 Motion Required

Consider approving the three-year pollution and terrorism insurance policies for the Town in the amount of $22,544.

Passed Unanimously

Resolution 19-127 Motion Required

Consider approving additional electrical work at Fireman’s Grove performed by Wiring Concepts for $1,775. Funding will be dispersed from the Parkland Deposit Fund. Passed Unanimously

Resolution 19-128 Motion Required

Consider approving the C.T. Male engineering fees ($4,500) and survey work ($5,500) for the sidewalk grant project on Lake Hill Road in the amount of $10,000. Passed unanimously

Resolution 19-129 Motion Required

Consider authorizing payment for a 3-year subscription to the NYS Complete Collection of International Building Codes in the amount of $963.75 for the use by the Building Department personnel. Passed unanimously

Resolution 19-129 Motion Required

Consider authorizing payment for a 3-year subscription to the NYS Complete Collection of International Building Codes in the amount of $963.75 for the use by the Building Department personnel. Passed unanimously

Resolution 19-130 Motion Required

Consider authorizing Adirondack Mountain Engineering to seek bids for the construction of the Ballston Lake Sewer project. The release of the bids will be coordinated with the Town Clerk and is estimated to be August 9, 2019 subject to review of the Town attorney and the attorney for the sewer project. Passed Unanimously

Resolution 19-131 Motion Required

Consider approving the library appointment of Ruta Tomik to the Youth Services Clerk position at a rate of $13.10 per hour effective August 12, 2019. Passed unanimously

Resolution 19-132 Motion Required

Consider approving an additional $1,275 for seal coating and new parking lines for Jenkins Park from the “Misc. Equipment” budgeted amount, reducing available appropriation of Misc. Equipment from $4,585 reduced to $3,310 available. Passed unanimously

Resolution 19-133 Motion Required

Consider approving the hiring of Susan Rafferty as a part time Court Clerk at a rate of $15 per hour up to 12 hours per week effective August 1, 2019. Passed unanimously

Resolution 19-134 Motion Required

Consider setting a Board of Health Meeting for septic variances for 45 Zani Lane and 72 Connolly Road for August 27 at 5:45 p.m. passed unanimously

Resolution 19-135 Motion Required

Consider setting a public hearing for Tuesday, August 27 at 6 p.m. for the extension of a water line within the Town of Ballston Consolidated Water District for the Preserve at Summerhill. Passed unanimously

Resolution 19-136

Setting a board meeting Tues Aug 13th at 6pm to discuss the MOA at Summerhill and the GEIS comments from John Munsey passed unanimously

Privilege of the floor:

Dr Pearce states he received an email from Debra Kaelin about Dolomite. He asks her if she has received the production numbers. She says yes and it was passed along to the building dept. She has received no other numbers from Dolomite.

Dolores Draina Outlet Rd would like the town board to look into working with Senator Tedisco about reducing the speed limit on Outlet Rd. Supervisor states he has spoken to the town attorney and when the town does this it opens the town up to tremendous liability. Dolores states the speeding has gotten very bad on Outlet Rd. Including her son being in an accident.

Eric Connolly asks if the 15 MPH on Outlet Rd in the rec area is that a suggestion? The answer was yes.  Eric states he had a truck pass him on the bridge there across double lines.

Meeting adjourned 8:58pm

Executive session with no expected action.

Notice of Upcoming Meetings:

Special Meeting - August 13th at 6pm - Zoning

Final Draft Supplemental Generic Environmental Impact Statement

August 27th

Board of Health Meeting at 5:45pm - 45 Zani Lane and 72 Connolly Road

Public Hearing at 6pm - Water extension for Preserve at Summerhill

Town Board Meeting at 6:30pm