11/19/2007 November 19, 2007
The regular meeting of the Town Board of the Town of Clifton Park was held in the Town Office Building at 7:00 p.m., Supervisor Barrett presiding. PLEDGE OF ALLEGIANCE TO THE FLAG Present: Councilman Paolucci Councilman Hughes Councilman Roth Councilwoman Walowit Supervisor Barrett Town Clerk O’Donnell
Also Present: Town Attorney McCarthy Mark Heggen, Comptroller Michael O’Brien, Environmental Specialist Michael Shahen, Town Administrator MOTION BY Councilman Roth, seconded by Councilman Paolucci, to approve the minutes of the November 5 and 8, 2007 meetings as presented. ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth Councilwoman Walowit, Supervisor Barrett Noes: None MOTION CARRIED ANNOUNCEMENTS AND COMMUNICATIONS Town Clerk O’Donnell announced the Town of Clifton Park has received the Outstanding Community Service Award from the Theatre Association of New York State for bringing musical theater to the community by underwriting the Not So Common Players. Councilman Roth and Environmental Specialists O’Brien presented t-shirts to all Hazardous Waste Day volunteers. Councilman Roth thanked Stewart’s, Mama’s Pizza, and Price Chopper for providing food for the volunteers. Mr. O’Brien updated the Town Board on the 13th annual Hazardous Waste Day reporting 1156 people registered prior to the event, 1116 of which were town residents. Towns of Malta, Halfmoon and Waterford were invited to participate. He reviewed attendance figures - Town of Clifton Park - 87 percent, Malta - 80 percent, Halfmoon 79 percent and Waterford - 67 percent, resulting in 159 cubic yards of paints, stains, thinners and various chemicals; 452 monitors, and 274 televisions. Registration was offered on line. Mr. O’Brien reported this year’s program cost is $87,148; however, the town participates in the Household Hazardous Waste State Assistance Program which will provide 50 percent reimbursement. The town’s total responsibility before the processing fees is $42,266.83 with $55,000 budgeted. Mr. O’Brien said a $16 registration fee is charged to towns taking part in the event whether individuals show up or not. He reported the day was extended by two hours and consideration is being given to extending the event to two days. Councilman Hughes reported a kick-off meeting was held for the Clifton Park Halfmoon Exit 9 Land Use and Transportation Plan which is aimed at the Routes 146 and 9 area to work in partnership with Halfmoon. This committee will look at traffic mitigation efforts as well as things that will make the area more pedestrian friendly with trails, walkways, smooth the traffic flow and make it more visually appealing. He said two public workshops are planned, the first tentatively scheduled for January 23rd, and he encouraged people to participate. It is anticipated an action plan will be in place in early summer.
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11/19/2007 Councilman Hughes announced residents have until December 10th to apply for the town tax rebate, noting there are close to 2000 households that are eligible and do not have a Star Exemption. PUBLIC HEARING, 7:10 PM TO CONSIDER A LOCAL LAW PURSUANT TO SECTION 922 OF NYS REAL PROPERTY TAX LAW The Town Clerk read the Notice of Public Hearing as published in The Daily Gazette on November 16, 2007. Local Law No. ____ of 2007, a local law pursuant to Section 922 of the New York State Real Property Tax Law Legislative Intent The Town Board hereby requests that the Director of Saratoga County Real Property Tax Services add the following advisement to the County Real Property Tax Bills for Clifton Park property owners, for Fiscal Year 2008 only: “The Town of Clifton Park has contributed $3,754,860.00 to reduce your portion of the (1). Highway Tax Bill for the current year. Town Attorney McCarthy said at the November 13th Town Board meeting it was recommended certain language be clarified, therefore, it is proposed removing the word “contributed” and adding “allocated”. A second sentence is proposed to be added stating “This results in an effective tax rate of $00.155012 per $1,000 of assessed value, rather than the rate of $1.852001 that would otherwise apply.” It was noted the County is not opposed to this language. Councilman Paolucci said this is a significant decrease in the highway tax, noting that since 2000 over $20 million has been given back to reduce various taxes. Councilman Hughes recommended adding language explaining the cost savings for a house assessed at an average amount to make this clearer for property owners. Mr. McCarthy explained there is no word limit as this will be a separate insert. The public hearing was opened for comments from the audience at 7:40 p.m. Norman Goldman, London Square Drive, said he would like to see this shown as an expenditure of funds from excess sales tax. Jim Baisley, Barkwood Lane, said most tax bills go directly to the bank so the homeowner would not be aware of the advisement. Mr. Heggen responded the tax bills are mailed from the town hall; payments are received by the town’s Receiver of Taxes who then sends out receipts. Notices can be sent at that time. To clarify the notice Councilman Paolucci recommended using $200,000 as an assessed value. Town Attorney McCarthy reviewed proposed language as follows: “On property of $200,000 in assessed value, this would result in a tax savings of approximately $340.00.” The Town Board was in agreement with the proposed language, as well as changing the wording from “contributed” to “allocated.” Bob Gauvreau, Oakwood Blvd, stated it doesn’t make any sense to tell people how much money the town is saving them when the tax bill goes up. Councilman Paolucci explained the Town Board is making a conscious decision to give that money back and reduce the highway tax bill. He said there are more roads in town and employee benefits
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11/19/2007 are increasing every year, petroleum based products are going up which impacts the Highway Department greatly so the Highway Department has seen more increases than other parts of the town budget. Councilman Paolucci said these costs are not being passed on to the residents and this is a good way of letting people know. Mr. Gauvreau said there are ways the town can reduce school taxes with town funds. Supervisor Barrett reviewed various actions the Town Board has taken to reduce the tax burden on residents. Mr. Goldman doesn’t agree the proposed legislation should be passed. Everyone was given an opportunity to speak in favor of or against the proposed local law and no one else wished to be heard. Supervisor Barrett declared the public hearing closed at 8:03 p.m. REPORTS TO THE BOARD Town Comptroller Heggen distributed the October monthly report stating the budget is on track. He said budget adjustments will be presented the second or third meeting in December. Town Administrator Shahen previously distributed proposed changes to the 2008 Preliminary Budget and asked the Board for comments. It was noted this is a 0.16 percent change over the Tentative Budget. Mr. Shahen said equipment lines for some departments have been reduced. Councilman Roth stated the equipment reductions were for miscellaneous items not spelled out, however, there is $50,000 in the contingency line for necessary items not covered in the budget. Supervisor Barrett announced Michael O’Brien will no longer be the Environmental Specialist but will be the Supervisor of the Clifton Park Sewer District. He commended Mr. O’Brien on taking on the responsibilities of the Sewer District in addition to his position of Environmental Specialist over the past two years. Supervisor Barrett expressed appreciation to Mr. Shahen for his work in preparing the budget. PUBLIC PRIVILEGE ON RESOLUTIONS Question from the floor if there is an Environmental Specialist position in the 2008 budget. Supervisor Barrett responded the position is in the budget but not filled at this time. Mr. Shahen said there is no money in the Environmental Specialist line, but there is money in the budget. Question from the floor regarding receiving sales tax money in cash. Mr. Heggen responded sales tax can be received either through cash or credit and credit would allow the county to take a portion of the sales tax to reduce the County tax levy which is what the town used to do. The commitment papers have to be signed through a resolution in order to receive sales tax monies in cash. Resolution No. 324 of 2007, a resolution adopting the 2008 Budget for the Town of Clifton Park. Introduced by Councilman Roth, who moved its adoption, seconded by Councilwoman Walowit. WHEREAS, a public hearing was held on the Preliminary Budget on November 8, 2007, to obtain comment from the public regarding the proposed Budget for 2008, and WHEREAS, the comments of the public have been incorporated into the proposed budget; now, therefore, be it
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11/19/2007 RESOLVED, that the 2008 Town of Clifton Park Budget is hereby adopted per Schedule A. Supervisor Barrett noted the town relies on sales tax for 70 to 80 percent of its revenue. He reviewed the various changes to the 2008 Preliminary Budget, attached. ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett None
Noes:
DECLARED ADOPTED Resolution No. 325 of 2007, a resolution authorizing the Town Administrator to attend the U.S. EPA Region III Emergency Preparedness Conference. Introduced by Councilman Paolucci, who moved its adoption, seconded by Councilman Roth. WHEREAS, the U.S. EPA Region III Emergency Preparedness and Prevention and Hazmat Spills Conference will be held in Pittsburgh, Pennsylvania, December 2-5, 2007, and WHEREAS, Town Administrator Michael Shahen has requested authorization to attend the Conference, and WHEREAS, attendance at the Conference will confer a benefit to the Town of Clifton Park; now, therefore, be it RESOLVED, that authorization is hereby given for Michael Shahen to attend the U.S. EPA Region III Emergency Preparedness Conference, December 2-5, 2007 in Pittsburgh, Pennsylvania, at a cost not to exceed $1000, to be paid from A-4010-140 (Health Services-Other Payments). ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett None
Noes:
DECLARED ADOPTED Resolution No. 326 of 2007, a resolution accepting a conveyance of the following streets and easements in the Tanglewood Subdivision. Introduced by Councilwoman Walowit, who moved its adoption, seconded by Councilman Paolucci. WHEREAS, as a condition of approval of the Tanglewood Subdivision, the Town of Clifton Park, Planning Board required that the developer convey roads and easements to the Town of Clifton Park, and WHEREAS, a Bond has been provided to the Town Planning Department as security for the contractor to complete all remaining punch list items; now, therefore, be it RESOLVED, that the Town Board accepts the conveyance of the following streets, and easements briefly described as follows:
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11/19/2007 Street West Sky Lane Westview Court Stormwater Management Area 35.6 +/- Acre Open Space Parcel 20-Foot Wide Drainage Easement within Lot Nos. 3 and 5, Westview Court Name of Owner Belmonte Properties LLC
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and, be it further RESOLVED, that this conveyance is expressly conditioned upon receipt of an approval by the Town Attorney, Highway Superintendent and Town Engineer of all necessary documents, and upon payment of all taxes and assessments, and be it further RESOLVED, that there be appended to the within resolution a copy of the recorded conveyance after it has been returned from the Saratoga County Clerk, and be it further RESOLVED, that in accordance with the provision of section 171 of the Highway Law of the State of New York, consent be and the same hereby is given to the Superintendent of Highways of the Town of Clifton Park to make an Order laying out the aforedescribed Town Highways, said Town Highways to consist of the lands described in the aforesaid deed(s), and be it further RESOLVED, that the Town Superintendent of Highways be and he is hereby authorized to post a thirty (30) miles per hour speed limit for the herein described highway(s), together with all necessary regulatory signs; and be it further RESOLVED, that the Town Board hereby approves the installation of a stop sign on Westview Court at its southerly intersection of West Sky Lane, as required by the Planning Board and hereby authorizes the Town Highway Superintendent to install the stop sign for proper traffic control. ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett None
Noes:
DECLARED ADOPTED Resolution No. 327 of 2007, a resolution authorizing the hiring of Eric Ophardt, as a parttime Security Officer for the Town of Clifton Park. Introduced by Councilman Roth, who moved its adoption, seconded by Councilman Hughes. WHEREAS, a need exists for a part- time security officer, and WHEREAS, Town Administrator Michael Shahen has recommended that Eric Ophardt, 8 Daniel Lill Court, Clifton Park, be hired to fill this position; now, therefore, be it RESOLVED, that authorization is hereby given to hire Eric Ophardt, 8 Daniel Lill Court, Clifton Park, as a part-time Security Officer at Grade 3, Step 1, $13.61 per hour, effective immediately to be budgeted from A-3120-E073 (Security Staff Salary).
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11/19/2007 ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett None
Noes:
DECLARED ADOPTED Resolution No. 328 of 2007, a resolution authorizing the Town Supervisor to file commitment documents with Saratoga County for collection of the Town’s Share of the 2007 Sales Tax Revenues. Introduced by Councilman Roth, who moved its adoption, seconded by Councilman Paolucci. WHEREAS, the Town of Clifton Park is required to file commitment papers regarding the collection of Sales Tax Revenue for 2008; now, therefore, be it RESOLVED, that the Clifton Park Town Board hereby authorizes the collection of Sales Tax Revenue, to be paid in cash for 2008, from Saratoga County; and be it further RESOLVED, that the Town Supervisor is hereby authorized to file the appropriate documents of commitment with Saratoga County. ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett None
Noes:
DECLARED ADOPTED Resolution No. 329 of 2007, a resolution honoring Adam C. Hebert for attaining the rank of Eagle Scout. Introduced by Supervisor Barrett, who moved its adoption, seconded by the entire Town Board. WHEREAS, Adam C. Hebert, 5 Carlton Oaks, Clifton Park, of Boy Scout Troop 42, has attained the rank of Eagle Scout, and WHEREAS, the Town of Clifton Park Town Board wishes to acknowledge and honor Adam’s achievements, including his Eagle Scout Service Project which took place at the Unlimited Garden, a therapeutic garden located at the 4-H Training Center in Ballston Spa, and WHEREAS, the Unlimited Garden is the first of its kind in the Northeast and is completely handicapped accessible and designed to be tended to and harvested by the handicapped, disabled and the elderly and was in need of repairs in many areas, and WHEREAS, Adam planned, raised funds and organized volunteers to help replace the pond liner, fix the electrical box on the pond for the pump and replace the supports for the sign, working at night and on week-ends so as not to disturb the clients at the garden, and WHEREAS, Adam and his volunteers completed the project on June 12, 2007, in time for a picnic to be held at the center on June 14, 2007 for the County of Saratoga; now, therefore, be it RESOLVED, that Adam C. Hebert, 5 Carlton Oaks, Clifton Park, of Boy Scout Troop 42, is hereby recognized and honored for having attained the rank of Eagle Scout.
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11/19/2007
ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett None
Noes:
DECLARED ADOPTED Resolution No. 330 of 2007, a resolution authorizing the Supervisor to execute an application for a Shared Municipal Services Incentive Grant, for a potential Glenville/Clifton Park, Joint Sewer Project. Introduced by Councilman Roth, who moved its adoption, seconded by Councilman Hughes. WHEREAS, the Board is advised of potential funding available under a competitive grant process through the New York State Department of State under the Shared Municipal Service Incentive Grant Program 2007-08, and WHEREAS, the Town of Glenville is partnering with the Town of Clifton Park and the Niskayuna School District, and is desirous of filing an application under this program which provides funding to eligible local governments “to cover costs associated with shared services, cooperative agreements, mergers, consolidations, and dissolutions”, and WHEREAS, the Town of Glenville is applying for funding to offset consultant, legal, and/or other related costs associated with a Glenville/Clifton Park Joint Sewer Project on behalf of the Town of Clifton Park, the Niskayuna School District and the Town of Glenville, and WHEREAS, the Board is advised that the Town of Glenville as the lead applicant is committed to the required ten percent (10%) match, the cost of which will be divided equally between the project partners, and WHEREAS, the Board authorizes the Supervisor to commit the Town to an equal share of the required local match of 10% of the total project cost, sharing the local match equally with the Town of Glenville and the Niskayuna School District, up to $20,000.00 per the attached Grant Summary, and WHEREAS, the Town of Clifton Park, the Town of Glenville and the Niskayuna School District agree to enter into an Inter-municipal agreement where shared sewer and related services and are listed in detail, and WHEREAS, the Town of Glenville has agreed to administer the grant, and WHEREAS, the Town of Clifton Park, the Town of Glenville and the Niskayuna School District agree to execute any and all necessary local actions required in relation to the project; now, therefore, be it RESOLVED, that the Town of Clifton Park approves of the submission of an application for funding offered by the NYS Department of State under the auspices of the Shared Municipal Services Incentive Grant Program, in an amount not to exceed $200,000 per project partner; and be it further RESOLVED, that Supervisor Barrett is authorized to execute the Grant Application, and to act on behalf of the Town of Clifton Park for all administrative processes related to the Shared Municipal Services Incentive Grant Program. Supervisor Barrett explained this resolution came about at the request of the Town of Glenville, and it is important this intermunicipal grant be submitted as soon as possible. He said the agreement with the Town of Glenville is being prepared to include Rexford property owners. He
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11/19/2007 further explained receipt of this grant will allow the “mothballing” of the Olde Nott Farm Sewer District plant. The Supervisor said the best option would be to run a pipe down Riverview Road into Alplaus to connect with Glenville. If this is possible, this will not only result in a cost savings for the Olde Nott Farm Sewer District but will also allow residents in the Riverview Road area to hook in. Supervisor Barrett said hopefully other businesses and homes in the area will eventually have the opportunity to hook into the system and this will also help the Rivercrest Sewer District that consists of 18 homes. He reported there will be some costs to the town and town engineer, Jack MacDonald, will explain the excess capabilities plan before any action is taken. The project cost will be approximately $600,000, the grant request is $540,000 with the shared match being $60,000. The Town of Glenville will receive additional revenue from these additional hook ups. ROLL CALL VOTE Ayes: Councilman Paolucci, Councilman Hughes, Councilman Roth, Councilwoman Walowit, Supervisor Barrett Noes: None DECLARED ADOPTED PUBLIC PRIVILEGE Anton Salecker, Crestmont Drive, would like to see sidewalks on the north side of Route 146 and asked if the Exit 9 Committee would address this. Councilman Hughes responded he would be happy to get more information from him. Supervisor Barrett said pedestrian friendly access will be looked at during the Exit 9 study. Ed Hughes, Beechwood Drive, speaking on behalf of the Jonesville Cemetery Association, distributed information and letters in support of the Meneely Bell being placed in the Jonesville Cemetery. Supervisor Barrett said the bell would be more visible if it were raised above the fence. Mr. Hughes responded the Cemetery Association will work with the town. Gene Stefanacci, Wood Dale Drive, spoke in favor of the bell being placed in the Cemetery. He expressed appreciation to Superintendent of Highways Kukuk for work done on Wood Dale Drive in correcting a gaping five foot wide hole, noting this could have been a disastrous situation but was taken care of immediately. Frank Berlin, Main St. Jonesville, distributed proposed plans for housing of the bell which could possibly incorporate the old posts and fencing of the Cemetery. Carol Temple, Main Street, Jonesville, reported she is the owner of the Grace Episcopal Church, original home of the Meneely Bell. She noted the church is now a rental property but still contains many historic parts. Ms. Temple distributed a picture showing proposed housing for the bell and asked that the bell be returned to its original home, the Grace Episcopal Church. She noted in 1999 her family received the Town of Clifton Park Historic Preservation Award for adaptive use of the Jonesville Academy, the family home, the dormitory and the Episcopal Church and are very vigilant to their condition. She stated the town could continue to own the bell and a piece of land and the Temples would agree to stipulations regarding securing the bell. Norman Goldman asked when the town last had a property tax. He encouraged people to come to meetings and get involved. MOTION by Councilwoman Walowit, seconded by Councilman Hughes, to adjourn the meeting to the next regular meeting or any other meeting necessary for the conduct of Town business. Motion carried at 9:12 p.m. Patricia O’Donnell Town Clerk
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