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September 11, 2018 Town of Ballston Town Board Meeting Notes

Town of Ballston Town Board Meeting
notes taken by a town resident on September 11, 2018 

1. Recognition of Robert Pustolka in a Resolution.

2. Health Insurance Rep. (Paul Vonshenk from Amsure) presented why he suggests that the town of Ballston remove CDPHP high dedectible plan and replace it with MPV high deductible plan as one of two health plan options for town employees. It will save the town money.

3. Reports:

Library: Summer reading program was successful. 4 new bean bag chairs added.

Financial: mortgage tax collected this year to date has exceeded budget by $50k, a positive report.

Engineering: Road dedications are coming soon.
- Community Emergency Core presentation by Ray Otten spoke of the town’s ambulance service. It is supported by healthcare insurance carried by those using the ambulance services and by the towns of Ballston and Milton. They need more room to house ambulances.

Sewer Committee:
• tonight there are 7 Resolutions pertaining to the Ballston Lake Sewer District.
• After the May public hearing on the sewer use law, many changes have been made in the proposed law language and these have already been reviewed in recent town board meetings. Tonight there are two additional changes, ‘water body’ definition is more specific, and now this law will be “effective upon filing”.
• Seeker resolution: states there is no negative impact on the environment
• Easements: the number of unsigned easements went from 214 to 24. So, 24 properties will be involved in the eminent domain procedures.
• There will be a legal service agreement with Mr. Trainer, ESQ and his independent contractors for eminent domain work
• The town board will be obtaining access for easements
• A public hearing will be set tonight regarding the use of eminent domain, for October 3 at 6:30pm
• The bid package has been sent to environmental facility corp. Legal review has begun. The resolution update will include parcel update that takes action to update the sewer district.
• There’s a resolution to update the grant information because there will be a decrease from $907 to $807 annually for property owners in the Ballston Lake Sewer District.
• Ianello’s contract will be depleted soon and there is a resolution to increase this tonight.
• Carpenters Acres Proposed Sewer District: the draft of the Map Plan Report (MPR) is final now. As of today, there are 5 residents of Carpenters Acres who have volunteered to be on a new sub-committee of the Sewer Committee. This sub-committee will start reviewing the MPR.

Farmland Protection Committee: no news to report.

Joe Whalen, Highway Supervisor asked a question: He has had inquiries about decreasing speed limits and stop sign placement. Tim Szczpaniek replied that yes, we’ll move those forward in the correct process and mentioned that Clifton Park is changing speed limits on their own. Joe cautioned the town on this and suggested hiring people who do this the proper way.
- The Financial Resolution was approved.

4. Supervisors Report:
-We need an assistant building inspector and another maintenance person.
-Chauvin, ESQ has been hired for the Zoning Board of Appeals.
-Katz Construction has removed about 25 hollow trees and the old pavilion is down at Firemans Grove. A spring ribbon cutting is planned.

5. Board Member Reports:
- Curtis- nothing to report.
- Stewart- Long Range Planning draft is being worked on now. There is an invasive species called Woolly Pests in the Androdogin Park. A treatment plan is being designed by DEC. These pests kill hemlock trees which are important to the ecosystem.
- Antoski- nothing to report
- Goslin-“the cost of eminent domain proceedings for the Ballston Lake sewer district will be upwards of $100k, the sewer district people will pay for this, not the town. 24 properties will make these people pay the $100k which comes out to about $4000-$5000 per property.”

Old Business:

1. Attorney Kaelin: she is not ready to update tonite

2. Zoning Update includes TDR, per Tim Szczpaniak.

3. Sophia from building department: she received the draft from Nan (the town planner), she is reviewing it and working on the final language.

Privilege of the Floor with regard to upcoming votes on Resolutions: no one came forward.

RESOLUTIONS:

18-155 establishing the town board as lead agency under SEQRA for Ballston Sewer Use Law and determine environmental significance of the law for this district. Passed unanimously.

18-156 adopting local law 4 of 2018 Ballston Sewer Use Law for the Ballston Lake Sewer District. Passed unanimously.

18-157 reappointing Anton Rohrmeier as member of Board of Assessment and Review for term Oct. 1, 2018 – Sept. 30, 2023. Passed unanimously.

18-158 Hire full time assistant building inspector and a part-time fire inspector.Discussion: Mr. Antoski asked how do we pay for this, it’s not in the budget? Tim replied that Jen Workwith told us this two weeks ago, and Jeanette said it will show in in the budget. Passed unanimously.

18-159 Hire one part time maintenance worker and one part time facilities maintenance manager for Town Hall/Highway Dept and the Library. Discussion: Ms. Stewart asked, “will parks be included?” Tim said yes and said “lets include Parks in this Resolution. Parks added. Passed unanimously.

18-160 accept Saratoga County sales tax revenue in cash. Passed unanimously.

18-161 implement Transfer of Development Rights (TDR) in the revised zoning changes. Roll call on this vote: Goslin- NO. / Stewart- NO. / Curtis- YES. /
Antoski- YES / Szczpaniek- YES. Passed 3-2.

18-162 approve contract for legal services, authorize Supervisor to sign and authorize payment of legal fees to James Trainor, Esq. and the law firm of Cutler, Trainor & Cutler, LLP for legal services rendered for the right of way acquisitions regarding the Ballston Lake Sewer District project and related services in accordance with the contract. Passed unanimously.

18-163 authorizing the condemnation of 24 properties for the Ballston Lake Sewer District project. Passed unanimously.

18-164 setting a special town board meeting and eminent domain procedure law public hearing for Wed., Oct. 3, 2018 at 6:30pm regarding the Ballston Lake Sewer District project. Passed unanimously

18-165 setting a public hearing regarding a proposal to include grant money received by the Ballston Lake Sewer District into total project costs creating an increase in the maximum amount to be expended for Oct. 9, 2018 at 6:15pm. Passed unanimously.

18-166 approve CT Male engineering fees not to exceed $10,000 for the new highway garage addition. Discussion: Joe Whalen said he hired CT Male for new garage addition and there is a $5700 bill, and he did not get board approval to do this. Goslin said there are rules and Whalen didn’t have a right to do this. Goslin said ‘if we approve this, the issue is behind us, but we need everyone to get board approval first.” Tim said he has no issue with what a Department Head did. Curtiss said he understands Joe didn’t want to wait 30 days to get approval, and then another 30 days. Curtis continued to Goslin , “It’s no bigger than what you did with Hawkwood .” Passed unanimously

More discussion:
Joe Whalen said he was made aware of a new issue by a resident. It’s a town liability issue. He asked CT Male to check it. A drainage situation. Wetlands at Stonebridge were added and deleted by the Army Corps of Engineers. He’s looking at environmental permitting being done by the Army Corps of Engineers not to exceed $7800. Goslin said the board already approved something like this. Time asked Joe to hold off for about a week so the board could research this. Joe continued to say tht this is on the edge of a sidewalk, it’s an embankment and rif raf could easily drop down an 8 foot drop, no slope, to the bottom on the sideyard of a resident. There is a retaining wall made of boulders. This is not just a drainage issue. Kathryn from engineering said this has been going on for about 2 years and needs a large manhole to connect 3 pipes over a stream. It requires a land survey and permit and easement given to the town for the pipe that will be maintained by the Town of Ballston forever. It is Mrs. Beers property. Kathryn said CT Male is moving forward, we were told it was approved. Tim said to wait two weeks for us to review.

18-167 authorize expenditure of $2200 for wiring and installation of 4 LED floodlights and $1608 for materials to Wiring Concepts, LLC for Jenkins Park. Passed unanimously.

18-168 approve Town Attorney to attend seminar at a cost of $279 plus reasonable expenses. Discussion: this is on easements and boundaries. Passed unanimously.

18-169 approve additional $50,000 to Ianiello Anderson PC for legal services for the Ballston Lake Sewer District project. Passed unanimously.

Privilege of the Floor:

1. Dolores Draina, Outlet Rd.: has a signed petition for changing the speed limit on that road.
2. Susan Robbiano, Kingsley Rd.: consider taking legal action against the builder of Stonebridge to get them to pay costs to repair and maintain the liability issue there.
3. C. Curvin, McMaster St: Recommends pedestrian-activated sidewalks on Rt. 50 near the new Hannaford.
4. Liz Kormos, 89 Hyde Blvd.: Read letter from Dr. Burlingame, orthodontist who wrote support for sidewalks on Rt. 50 by the new Hannaford.
5. Nancy Kulikowsky, 452 Devils Lane: Recited her family’s position on the town boards newly adopted resolution regarding farmworker housing. She suggests that the board adds a second farm exemption allowing one additional farm residence that is taxed just like the other home on the farm.
6. Ben Baskin, Ballston Ave.: supports sidewalks on Rt. 50 near the new Hannaford.
7. Susannah Amiteye,19 mcMaster: Sidewalk supporter as well.
8. Tim Bachand, 14 Longcreek, owner Burnt Hills Hardware Store: Planning board did not do due diligence with the new Stewarts and the owner of the old CVS building. The town failed to provide a safe conduit behind these two buildings where water flows to from Rts. 50, 338, 110 and Forest Rd. All of this water flows thru a large pipe across Rt. 50 and ends up behind the Hardware Store. There is a 7-foot hole there. He asked Stewarts to fix this because the problem begins at the end of Stewarts property where the pipe ends. Tim wants that pipe to extend from Stewarts. He asked the town Planning board to fix this issue, he suggested to them to at least put a fence around the hole for safety. Not one planning board member addressed it. The owner of the old CVS building said to fill the hole with grass clippings. The planning board gave Stewarts a pass on this.
9. Mr. Frank Rossi, Jr., Developer of the new Hannaford: spoke about sidewalks on Rt. 50
10. Gina Rossi said the new Hannaford is not in the village of Ballston Spa, it is in the town of Ballston.

Goslin then said he would like to make a response. Tim said to Goslin, “are you going to break our own house rules and have a two-way dialogue?” Goslin then said, “we need to finish the job of the sidewalks and look at it as a community”.

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