Town of Ballston Town Board Meeting
Notes
taken by a town resident on November 13, 2018
1. Regarding Correspondence: nothing to report
per Supervisor
2. Reports:
• Dr. Pierce: Ballston Lake is high.
• From Highway Dept: The water committee meeting met 4 times in October and 2 times in November. Joe will be coming to the board soon to do some standardization of water meters and will share recommendations and prices for the meters. Then they need to get a hold of bond council and get an idea on installs. He will bring this information to the Town Board Agenda Meeting in December. Joe will recommend at the Agenda Meeting that the town buys meter reading equipment and software and then get it installed, and trained on it in time for the quarterly billing starting in January, so it will be on the same schedule as our two water suppliers are billing and that will help cash flows.
• Brian from Building Dept.: In this past month there were 34 building inspections, 10 C.O.’s, 118 inspections, 2 fire inspections, 7 Storm water inspections, 1 complaint, 1 application regarding zoning, 5 planning applications, 1 planning conference, 3 lot line adjustments, and 1 major sub-division application.
• Tim: We will have the new assistant building inspector beginning Dec. 3rd. His focus will be fire inspections and will help get caught up with that.
• Tom Shaginaw and Library: the roof repairs are completed, the drive-thru book drop has either opened or will be open very soon.
• Tim: The two new part-time maintenance workers started today. Outdoor parking lot, snow removal will be taken care of. Ralph Cook and Byron Phillips are the two new maintenance workers, and Eric Rutland is the new assistant building inspector.
• Tim: We’ll be improving janitorial supply storage by storing all of it in the facility, paying $75/week (it had been vendor supplied janitorial supplies). The library is going to get the same service.
• Dr. Pierce: Ballston Lake is high.
• From Highway Dept: The water committee meeting met 4 times in October and 2 times in November. Joe will be coming to the board soon to do some standardization of water meters and will share recommendations and prices for the meters. Then they need to get a hold of bond council and get an idea on installs. He will bring this information to the Town Board Agenda Meeting in December. Joe will recommend at the Agenda Meeting that the town buys meter reading equipment and software and then get it installed, and trained on it in time for the quarterly billing starting in January, so it will be on the same schedule as our two water suppliers are billing and that will help cash flows.
• Brian from Building Dept.: In this past month there were 34 building inspections, 10 C.O.’s, 118 inspections, 2 fire inspections, 7 Storm water inspections, 1 complaint, 1 application regarding zoning, 5 planning applications, 1 planning conference, 3 lot line adjustments, and 1 major sub-division application.
• Tim: We will have the new assistant building inspector beginning Dec. 3rd. His focus will be fire inspections and will help get caught up with that.
• Tom Shaginaw and Library: the roof repairs are completed, the drive-thru book drop has either opened or will be open very soon.
• Tim: The two new part-time maintenance workers started today. Outdoor parking lot, snow removal will be taken care of. Ralph Cook and Byron Phillips are the two new maintenance workers, and Eric Rutland is the new assistant building inspector.
• Tim: We’ll be improving janitorial supply storage by storing all of it in the facility, paying $75/week (it had been vendor supplied janitorial supplies). The library is going to get the same service.
3. Financial Report, vote to accept it, for
Oct. 2018 Res. 18-204 passed unanimously
4. Anna Stanks from Gateway House of Peace
spoke, thanked town for the recent $2000 donation. This is a hospice home, for
2 residents at a time with 3 months or less left to live. It is the old Red
Cross building on Rowland St. Opened in 2014. Over 100 local residents have
lived their final days there to date. Completely donor driven. Always looking
for volunteers. Families can stay in the two extra bedrooms upstairs.
5. Supervisor’s Report:
• The new phones are installed.
• The new phones are installed.
6. Board Member Reports:
• Mr. Goslin: How can we get the new phone numbers out? Tim will put this in the Ballston Bulletin. Business cards for the town to hand out with phone numbers will be made. There was a suggestion from the audience to put an insert with phone numbers into the property tax bills.
• Tim: there will be an executive session tonight for a personnel issue
• Mr. Antoski: no report
• Ms. Stewart: no report
• Mr. Curtis: Two things…Farmland protection is planning their breakfast, and this will be put in the Ballston Bulletin. Also, the farmers market at the new Firemans Grove…he spoke with a vendor, Cliff Samson, who likes where the farmers market is now because it has overhead and no canopy is needed. Mr. Curtis showed Cliff maps from the last agenda meeting of the new Firemans Grove park. Cliff said that Rt. 50 is not a great location because people do not stop since they’re on their way to somewhere else. Tim said he’d like to add 25 farmers but there is no room on Rt. 50, he wants to expand the farmers market. Mr. Curtiss said he wants to start this discussion and maybe plan signage from Rt. 50 to Firemans Grove. Kelly Stewart said the town does not own 146A land other than the right of way for the road into Firemans Grove, so National Grid would need to agree to signage at the road on 146A.
• Mr. Goslin: How can we get the new phone numbers out? Tim will put this in the Ballston Bulletin. Business cards for the town to hand out with phone numbers will be made. There was a suggestion from the audience to put an insert with phone numbers into the property tax bills.
• Tim: there will be an executive session tonight for a personnel issue
• Mr. Antoski: no report
• Ms. Stewart: no report
• Mr. Curtis: Two things…Farmland protection is planning their breakfast, and this will be put in the Ballston Bulletin. Also, the farmers market at the new Firemans Grove…he spoke with a vendor, Cliff Samson, who likes where the farmers market is now because it has overhead and no canopy is needed. Mr. Curtis showed Cliff maps from the last agenda meeting of the new Firemans Grove park. Cliff said that Rt. 50 is not a great location because people do not stop since they’re on their way to somewhere else. Tim said he’d like to add 25 farmers but there is no room on Rt. 50, he wants to expand the farmers market. Mr. Curtiss said he wants to start this discussion and maybe plan signage from Rt. 50 to Firemans Grove. Kelly Stewart said the town does not own 146A land other than the right of way for the road into Firemans Grove, so National Grid would need to agree to signage at the road on 146A.
7. Ms. Kaelin, Town Attorney spoke on Dolomite
issues.
• Dolomite started operations one month ago, its been a rocky start, the building dept and the town board members have received phone calls regarding hours of operation, the left turning lane, and the signal for the Jim Smith trail
• There are two documents: the final environmental impact statement (FDIS Document) that is dated May 2016 controls mitigation (inaudible) that Dolomite and the town planning board agreed to with regard to Dolomite doing business in the town of Ballston. Also, as a result of the federal 1983 action that was settled, we are subject to a consent order signed by Judge Hummel. Some items that were changed in the consent order are as follows:
• The left turning lane that was supposed to be installed prior to operations. Dolomite has until 4/30/2019.
• Hours of operation in the FDIS are 6a-5p M-F. The consent order allows employees to arrive at 5am, operations start at 6am, the plant closes at 5pm.
• The consent order said no requirements for the paving of the internal road. The building dept. said the road has been paved, although the consent order said there was no requirement any longer.
• The consent order said Dolomite is to monitor the noise. If the burn or noise attenuation is needed, both the town and Dolomite will work together to come up with a plan.
• Other than those issues, the FDIS is the mitigation document and that basically controls the operation. It’s an 80 plus page long document. It has all of the rules that Dolomite has to abide by. It has lengthy discussion about extended hours. If Dolomite wants to extend operations to include Saturdays or beyond 5pm, it has to put in a formal application to the building department, it’s a large amount of paperwork indicating what their operation is for the next two weeks, month and the determination will be sent down if it is approved or not. They cannot say they’re going to work extended hours on Saturdays during the summer, that is not what the (inaudible) provides, they can work some Saturdays but not every Saturday.
• Permission was given by the building dept. for extended hours for Sat. Nov. 10th.
• There have been questions about signals at the Zim Smith Trail. This is tied into DOT and the county since the county owns the Jim Smith Trail. At the latest, April 30, 2019 this should be approved.
• Odor: Dolomite thru the FDIS is to monitor odor and upon request by the Town, is to report it to the town. Dolomite must supply a complaint line, the Town of Ballston has become the complaint line but Dolomite is to provide a number. 518-374-2222 is the complaint line supplied by Dolomite.
• Concerns about what is the actual season of operation. April 1-Nov. 1 is the general paving season. But when the planning board and Dolomite worked this out, there was no limitation on the season of operation. So Dolomite is not limited to 4/1 to Nov. 1. The building dept has been notified that Dolomite plans to close Nov. 16, 2018.
• We had one meeting with Dolomite. More bumps along the road are anticipated, as well as a second meeting with Dolomite to set expectations, parameter, and how better to address complaints.
• Kelly: What are the parameters the planning board uses for the definition of ‘season’. And ‘what is our recourse if Dolomite violates agreements?”
• Ms. Kaelin: The first line of fire action is a stop work order. The second meeting with Dolomite will help with this. We could add something to the code or go to court but as we all know, the courts are not enthusiastic about this approach. Dolomite must give us a calendar showing the operations with requests and specific detail on hours and work being done each day
• Mr. Antoski: Dolomite will attend to noise and smell issues?
• Ms. Kaelin: Dolomite must monitor it and it is up to us to request that report.
• Brian: we should ask Dolomite for this noise and smell report monthly.
• Dolomite started operations one month ago, its been a rocky start, the building dept and the town board members have received phone calls regarding hours of operation, the left turning lane, and the signal for the Jim Smith trail
• There are two documents: the final environmental impact statement (FDIS Document) that is dated May 2016 controls mitigation (inaudible) that Dolomite and the town planning board agreed to with regard to Dolomite doing business in the town of Ballston. Also, as a result of the federal 1983 action that was settled, we are subject to a consent order signed by Judge Hummel. Some items that were changed in the consent order are as follows:
• The left turning lane that was supposed to be installed prior to operations. Dolomite has until 4/30/2019.
• Hours of operation in the FDIS are 6a-5p M-F. The consent order allows employees to arrive at 5am, operations start at 6am, the plant closes at 5pm.
• The consent order said no requirements for the paving of the internal road. The building dept. said the road has been paved, although the consent order said there was no requirement any longer.
• The consent order said Dolomite is to monitor the noise. If the burn or noise attenuation is needed, both the town and Dolomite will work together to come up with a plan.
• Other than those issues, the FDIS is the mitigation document and that basically controls the operation. It’s an 80 plus page long document. It has all of the rules that Dolomite has to abide by. It has lengthy discussion about extended hours. If Dolomite wants to extend operations to include Saturdays or beyond 5pm, it has to put in a formal application to the building department, it’s a large amount of paperwork indicating what their operation is for the next two weeks, month and the determination will be sent down if it is approved or not. They cannot say they’re going to work extended hours on Saturdays during the summer, that is not what the (inaudible) provides, they can work some Saturdays but not every Saturday.
• Permission was given by the building dept. for extended hours for Sat. Nov. 10th.
• There have been questions about signals at the Zim Smith Trail. This is tied into DOT and the county since the county owns the Jim Smith Trail. At the latest, April 30, 2019 this should be approved.
• Odor: Dolomite thru the FDIS is to monitor odor and upon request by the Town, is to report it to the town. Dolomite must supply a complaint line, the Town of Ballston has become the complaint line but Dolomite is to provide a number. 518-374-2222 is the complaint line supplied by Dolomite.
• Concerns about what is the actual season of operation. April 1-Nov. 1 is the general paving season. But when the planning board and Dolomite worked this out, there was no limitation on the season of operation. So Dolomite is not limited to 4/1 to Nov. 1. The building dept has been notified that Dolomite plans to close Nov. 16, 2018.
• We had one meeting with Dolomite. More bumps along the road are anticipated, as well as a second meeting with Dolomite to set expectations, parameter, and how better to address complaints.
• Kelly: What are the parameters the planning board uses for the definition of ‘season’. And ‘what is our recourse if Dolomite violates agreements?”
• Ms. Kaelin: The first line of fire action is a stop work order. The second meeting with Dolomite will help with this. We could add something to the code or go to court but as we all know, the courts are not enthusiastic about this approach. Dolomite must give us a calendar showing the operations with requests and specific detail on hours and work being done each day
• Mr. Antoski: Dolomite will attend to noise and smell issues?
• Ms. Kaelin: Dolomite must monitor it and it is up to us to request that report.
• Brian: we should ask Dolomite for this noise and smell report monthly.
8. Tim: Regarding the new zoning: Sophia has
been working with Nan, we’re at the final stages. Trying to get that final
language up to the county by Friday for their review.
9. Jeanette Borthwick with Budget summary (Most
of this report is a transcript from a recording):
• The town has no town or highway tax
• The county treasurer projects sales tax revenues as 0%, 1%, 2%, etc.
• We use 0% increase in sales tax revenues, we use that as our target
• If sales tax revenues remain stagnant, we’re good to go
• Sales tax revenues have grown each year for the last three years
• So this is a good way for us to budget, to stay within that, so we have additional funding to do other things if we should do that
• Also, this budget stays within the tax cap for NY State so we’re all set there
• B. Lake emergency dept. budget increased 37% this year, if we had not used $50,000 of fund balance to accommodate for that increase, we would have gone over the tax cap. So we have to keep that in mind for 2020 budgeting to see how we’re going to manage that because we can’t draw from fund balance year after year. So this is a patch for this year until we take a look at it and understand is that going to work for them, or are we going to continue to see increases like that.
• The equalization rate for 2019 went from 93.2% to 91.5% which is great for revenues , any revenues based on equalized assessed values , they increase but any of our costs bases on equalized assessed values also increase. That applies to us with the fire district. The Burnt Hills Fire District, that doesn’t come into play with our tax cap rate because they are subject to their own tax cap with the state.
• Water fund: we have a new contract with the Town of Glenville, the contract gives a rate that varies with our usage. They are now going to bill us quarterly which will now coincide with Saratoga County water district. The next agenda meeting, Joe will talk about how we are going to remote read water meters. We have to replace a lot of meters. In the hamlet, the average age of the meters is 30-4o years old and they do not read accurately. 40% of the water is not being measured and read and we are not collecting revenues for that.
• We’ll have a remote water reader that will save time on the meter reading , we’ll have accurate readings and will gauge how much water is being used that we currently aren’t measuring, we can do billings on a quarterly basis, it will help manage our water district better.
• How this affects our budget: with the new agreement with Glenville, its easier to say we estimate this usage of water, this is what our current water usage rate it, so we can put this budget out there and we can feel more confident in those numbers, and if those numbers change at least now if the usage changes based on what is measured read, we’re going to have revenues coming in to offset that cost.
• We’re going to have one water rate for our five water districts. Something that I’m sure a lot were unaware of, we have three districts that with the lower water rate, they were being charged for the most expensive water. So now everybody will have the same rate. We will also implement a minimum rate for each billing period as well. So, you’ll see changes in those three districts in particular in terms of their tax levies to adjust for the fact that they’ve actually been getting a deal for a while by paying the cheapest rates for the most expensive water.
• We’ve budgeted for the new assistant building inspector and the two part-time maintenance people.
• There is a 2% salary and wage increase for all employees across the board
• In our drainage dept., NY state has a new MS4 coming out and it will be costly. The budget presented just a nominal cost for 2019 because the requirements will not go into play in 2019. We have been building funds for this in the B Fund so we will have funding for this in the first year and it won’t be a hit for us that is difficult.
• Highway: Asphalt cost is up 28% and we were not able to re-pave what we wanted to this year because this would have exceeded the cost that was budgeted.
• The county treasurer projects sales tax revenues as 0%, 1%, 2%, etc.
• We use 0% increase in sales tax revenues, we use that as our target
• If sales tax revenues remain stagnant, we’re good to go
• Sales tax revenues have grown each year for the last three years
• So this is a good way for us to budget, to stay within that, so we have additional funding to do other things if we should do that
• Also, this budget stays within the tax cap for NY State so we’re all set there
• B. Lake emergency dept. budget increased 37% this year, if we had not used $50,000 of fund balance to accommodate for that increase, we would have gone over the tax cap. So we have to keep that in mind for 2020 budgeting to see how we’re going to manage that because we can’t draw from fund balance year after year. So this is a patch for this year until we take a look at it and understand is that going to work for them, or are we going to continue to see increases like that.
• The equalization rate for 2019 went from 93.2% to 91.5% which is great for revenues , any revenues based on equalized assessed values , they increase but any of our costs bases on equalized assessed values also increase. That applies to us with the fire district. The Burnt Hills Fire District, that doesn’t come into play with our tax cap rate because they are subject to their own tax cap with the state.
• Water fund: we have a new contract with the Town of Glenville, the contract gives a rate that varies with our usage. They are now going to bill us quarterly which will now coincide with Saratoga County water district. The next agenda meeting, Joe will talk about how we are going to remote read water meters. We have to replace a lot of meters. In the hamlet, the average age of the meters is 30-4o years old and they do not read accurately. 40% of the water is not being measured and read and we are not collecting revenues for that.
• We’ll have a remote water reader that will save time on the meter reading , we’ll have accurate readings and will gauge how much water is being used that we currently aren’t measuring, we can do billings on a quarterly basis, it will help manage our water district better.
• How this affects our budget: with the new agreement with Glenville, its easier to say we estimate this usage of water, this is what our current water usage rate it, so we can put this budget out there and we can feel more confident in those numbers, and if those numbers change at least now if the usage changes based on what is measured read, we’re going to have revenues coming in to offset that cost.
• We’re going to have one water rate for our five water districts. Something that I’m sure a lot were unaware of, we have three districts that with the lower water rate, they were being charged for the most expensive water. So now everybody will have the same rate. We will also implement a minimum rate for each billing period as well. So, you’ll see changes in those three districts in particular in terms of their tax levies to adjust for the fact that they’ve actually been getting a deal for a while by paying the cheapest rates for the most expensive water.
• We’ve budgeted for the new assistant building inspector and the two part-time maintenance people.
• There is a 2% salary and wage increase for all employees across the board
• In our drainage dept., NY state has a new MS4 coming out and it will be costly. The budget presented just a nominal cost for 2019 because the requirements will not go into play in 2019. We have been building funds for this in the B Fund so we will have funding for this in the first year and it won’t be a hit for us that is difficult.
• Highway: Asphalt cost is up 28% and we were not able to re-pave what we wanted to this year because this would have exceeded the cost that was budgeted.
10. Privilege of the floor on up-coming
resolutions: No one spoke.
11. Resolutions:
• Res. 18-205 Consider accepting resignation of Parks and Rec. Committee member Randy Putnam effective Dec. 31, 2018. Passed unanimously.
• Res. 18-206 Consider adopting Towns 2019 Budget. Passed unanimously. Discussion included Mr. Antoski asking why he doesn’t see funding for sidewalks in the budget. Jeanette answered that “this was in the discussion for everything in the wish list and it would come from Fund Balance, but it is not handled in the budget per se, so it’s a one off, as we approach them we can do the resolution to draw on Fund Balance.”
• Res. 18-207 Consider accepting the Snow and Ice Intermunicipal Agreement between the Town of Ballston and the Town of Malta for Eastline Road and authorize the agreement to be executed by the Supervisor. Discussion: Joe Whalen explained “there are two sections of road Eastline Rd and E. High Street that abut us, Malta and Milton. Malta has been maintaining these sections for at least 22 years with snow and ice removal, saves us and Milton from having to come over to do our sections. Malta’s comptroller asked if we could, and it makes it more legal, it sets (inaudible) fees and the insurance companies that there would be a legal document drawn up, in that they’re asking us to pay them $2000. I can’t go over there for the year in fuel for $2000, and that’s not including the salting.” Passed unanimously.
• Res. 18-208 Consider accepting the Master Park Plan for Town Parks and Recreation. Passed unanimously.
• Res. 18-209 Consider changing date of Dec. Agenda Mtg. to Dec. 27, 2018 at 6:30pm. Passed unanimously
• Res. 18-210 Consider approving the supplemental Bond Resolution dated Nov. 13, 2016 amending certain terms of a bond resolution dated Feb. 15, 2016 relating to the construction of a new sanitary sewer collection system for the Ballston Lake Sewer Project. Discussion: Mr. Goslin- Amends the bond resolution to show the cost increases where we include the grant money in the bond resolution, it does not change the cost of living, it does not change anything. It just reflects there could be a higher overall cost.” Kim Kotkowski: “It was recommended by bond council that all the paperwork match so the action you took last month has to match this.” Passed unanimously.
• Res. 18-211 Consider the towns acceptance of the following roads and all infrastructure: Aysimac Court 0.104 miles from Benedict Road to the end of the cul-de-sac. The Town accepts all responsibility of maintaining and repairing the roadway. This road will be open to the public 24 hours a day, 7 days a week and the Town will accept full legal liability of this roadway. Passed unanimously.
• Res. 18-212 Consider the towns acceptance of the stormwater management. infrastructure for Aysimac Court, which includes storm sewers and one stormwater management. basin, as well as acceptance of a new 8-inch water main on Benedict Road from MacKenna Court to Aysimac Court, and a new 8 inch water main on Aysimac Court. Passed unanimously.
Privilege of the Floor:
1. Dr. Pierce, Lake Rd:
• Question: The FDIS states Dolomite is supposed to install plantings on South and East to decrease noise and to provide a buffer. Have they addressed this?
• It’d be nice at town board mtgs if you’d provide the public with info on if Dolomite is abiding by all rules
• Air quality monitoring, he recommends contacting Dustin Lewis at the county, he will have info on this
• Planning Board meetings of the FDIS it mentions that Dolomite needs a second access road in case of explosion type of emergency. The second road there now does not access the site so this needs to be addressed.
• Suggests appointing a public health officer who watches all of the Dolomite activity. Tim said we do have a not very active public health officer, Dr. Kelly.
• DEC sends out announcements for air quality warnings. Last summer Saratoga county had at least 4 days with high ozone levels. Recommends that on days like that, we tell Dolomite they can’t operate because we know that plants like this increase the ozone level.
• Question: The FDIS states Dolomite is supposed to install plantings on South and East to decrease noise and to provide a buffer. Have they addressed this?
• It’d be nice at town board mtgs if you’d provide the public with info on if Dolomite is abiding by all rules
• Air quality monitoring, he recommends contacting Dustin Lewis at the county, he will have info on this
• Planning Board meetings of the FDIS it mentions that Dolomite needs a second access road in case of explosion type of emergency. The second road there now does not access the site so this needs to be addressed.
• Suggests appointing a public health officer who watches all of the Dolomite activity. Tim said we do have a not very active public health officer, Dr. Kelly.
• DEC sends out announcements for air quality warnings. Last summer Saratoga county had at least 4 days with high ozone levels. Recommends that on days like that, we tell Dolomite they can’t operate because we know that plants like this increase the ozone level.
2. Kelly Jazinski, Middleline Road:
Intersection of Lake Rd. and Round Lake Rd where Lakeside Farms is. Big
accident two weeks ago. The owner said there are a lot of accidents there. Can
we put lights on a stop sign here? Tim said that the county put a guardrail
there. And double lines have been put there to stop passing. Kelly then asked
what is happening at Brookside and Rt. 50 Getty Station? Brian said Valero was
to start last year so maybe soon.
3. Claudia Bramer, ESQ. representing some
taxpayers in the town who go by the name ‘citizens for a clean environment”.
Spoke on Dolomite concerns, offered to send the town a letter detailing issues
with Dolomite. She said that Dolomite operated on Oct. 6. Oct. 13 and Nov. 3
without town approval. She said “when Dolomite came to the Zoning Board of
Appeals for an area variance for the height, they were requesting a height
variance from the 40-foot limit in order to have silos that would be 7 feet
high. They eventually dropped that request for the DBA. Now there are 7 ft.
high silos and there is no area variance for those. But I just want to remind
the board that when Dolomite sued the town back in 2014,2015, some of my
clients stepped up and actually intervened in the case to support the town and
helped in the town defense. And at this time when Dolomite is beginning
operations and is not in full compliance with all of the Planning boards
approvals, both the FDIS and the Findings Statements which is another 41 page
document containing mitigation measures, we would like to support the towns
efforts in helping you ensure compliance with those requirements so that the town’s
residents and taxpayers and the air quality and environment at protected.”
There’s also an issue with the signage and the beacon situation at Jim Smith
trails intersection with the access road. It’s important for the safety of the
users. It needs to be done even before they continue with operations there,
even if that means they have to put it in before the left turn lane is
installed.
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