VILLAGE OF ALTAMONT
REGULAR BOARD MEETING
January 16, 2007
Mayor James M. Gaughan
Trustee William F. Aylward
Trustee Kerry Dineen
Trustee Dean Whalen
Trustee Harvey C. Vlahos
7:30 pm
Attending: Attorney, E. Guy Roemer; Clerk, Jean La Crosse; Treasurer, Catherine Hasbrouck: Tim Mc Intyre, Public Works Supt.; Building Inspector, Donald F. Cropsey, Jr.; Commissioner Anthony Salerno; Approximately 50 guests.
Mayor Gaughan opened the meeting with the Pledge of Allegiance.
Trustee Whalen spoke briefly on the Comprehensive Planning’s activities in relationship to the Public Hearing scheduled for later this evening, continuing plans for addressing the Zoning Laws, Sub-Division Law and Water Policy. Trustee Whalen proposed the establishment of a work crew comprised of individuals with expertise such as: Tim McIntyre, professional engineer such as Barton & Loguidice, a Trustee and possibly another individual to develop a Water Policy. This would allow the members of the Comprehensive Planning committee to focus on zoning and planning issues.
Mayor Gaughan reported that with the help of staff and bond counsel we were successful in securing bonds to pay the estimated $1.4 million for the ground water project. We received AAA rating with interest rate of 4.34482 %. The mayor thanked Treasurer Catherine Hasbrouck for assistance in securing this bond.
Tim McIntyre reported that the temporary barriers in Orsini Park are the result of seeding areas that are torn up from heavy usage. Likewise, gates at the Bozenkill Park are locked due to night time car traffic and trashing in the park. Altamont Police are patrolling the area. A gas service installation company sheered off the water line on Maple Avenue cutting off services to residents for a couple of days.
Commissioner Salerno reported that the department is a recipient of grant funds from Albany County District Attorney’s office and Justice Department seizure funds representing approximately $8,000 for safety equipment. Major Cooper and Captain Michaels from the 2nd Weapons of Mass Destruction Civil Support Team 1 Air National Guard in Scotia presented Certificates of Commendations to Altamont Police and Altamont Fair for participation in the Army and Air force civil authority’s terrorists training and certification events held at the Altamont Fair in 2006.
Trustee Vlahos made a motion seconded by Trustee Aylward and carried to accept the Treasurer’s report as submitted. Roll Call: All in favor.
Trustee Aylward made a motion seconded by Trustee Dineen to approve the final stage of the Court Room rehabilitation that includes installation of recording system by Robert Haines and custom designed Judge’s modified panel bench by Charles Donnelly. Total cost is not to exceed $17,775. Funding is from Justice Court Assistance Program grant of $5,580 and not to exceed $12,195 from shared services. Roll Call: All in favor
Trustee Aylward made a motion seconded by Trustee Whalen and carried to award $1.4 million Bond Sale to the firm of Roosevelt & Cross, Inc. at an interest rate of 4.34482%. Other bids include First Albany Capital at 4.36701 % and Bernardi Securities at 4.47043%. Roll Call: All in favor
Trustee Vlahos made a motion seconded by Trustee Aylward and carried to hold a Public Hearing February 6, 2007 at 8 PM to consider adopting Local Law # 1-2007, amending Local Law # 3-2006 Water & Sewer Regulations to include a $15.00 maintenance fee on all village water unit properties in support of $1.4 million ground water project. Roll Call: All in favor
Public Comment:
Kate Provencher, village resident, spoke about the need for a water policy.
Dick Ogsbury, Schoharie resident, offered views on the use and technology of “grey water”.
Trustee Aylward raised a question on creating a “water district” with the Town of Guilderland for outside water use.
The Village Attorney read the Legal Notice for Public Hearing on renewal of the cable television franchise held by Time Warner Entertainment Advance Newhouse Partnership (hereinafter "Time Warner Cable"). The purpose of the hearing is to consider a Franchise Renewal Agreement which would renew Time Warner Cable's cable television franchise for an additional 10 years, and bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended.
Mayor Gaughan introduced Pat Johnson and Kathleen Hope of the NYS Public Service Commission and John Mucha, Director, Government Relations for Time Warner.
John Mucha spoke about this dynamic industry and Time Warner’s leadership in franchise technology. Time Warner 10-year Contracts are non-exclusive allowing the village to establish service with a competitive satellite dish or other company.
Trustee Vlahos asked the differences between the obsolete contract and proposed contract.
John Mucha said the maximum the village can recover by Federal Law is 5%. Additional franchises would have the same conditions.
Pat Johnson said any change in contract would come before the Public Service Commission. If the terms were different, Time Warner would counter offer and the NYS Public Service would consider the change. There is no limit on the number of providers that a municipality can negotiate a contract with by following the proper procedures.
Trustee Vlahos asked again what are the differences in the new contract? Pat Johnsons said the difference is that the old contract expired. A body of individuals from the village negotiated for things that they wanted in the contract such as peg access, library and other specifics. It is different in a lot of ways including new rules invoked by the Public Service Commission’s option to choose a maximum term to 15 yrs and other new changes in technology. Ms. Johnson states that Time Warner is the leader in these upgrades and services.
Trustee Aylward made a motion seconded by Trustee Dineen and carried to close the Public Hearing. All in favor.
Trustee Aylward made a motion seconded by Trustee Dineen and carried to enter into contract with Time Warner Entertainment Advance Newhouse Partnership (hereinafter “Time Warner Cable”) cable franchise for an additional 10 years as outlined in the contract.
Trustee Whalen In favor
Trustee Vlahos Abstain
Trustee Aylward In favor
Trustee Dineen In favor
Mayor Gaughan In favor
Motion carried 4/1
A copy of contract is entered into the permanent Village of Altamont minutes record book.
This year marks the first election cycle during which the full complement of Help America Vote Act of 2002 (HAVA) requirements will be in place. Passed by the United States Congress and signed into law by President Bush on October 29, 2002, HAVA embodies the most sweeping election reform law since the Voting Rights Act of 1965, and, in many ways, the most basic changes to election law ever enacted. Pursuant to its provisions, every state must examine the way it promotes democracy and implements fundamental changes to the electoral process.
Some of the changes under the new HAVA requirements will affect the way we register to vote, the way we cast ballots and the way we exercise our power as citizens.
Considering the above, Mayor Gaughan introduced Commissioner James Clancy, Albany County Board of Elections, to share information on the voting machine selection procedure. Mr. Clancy reports that the State Board of Elections called for a meeting in December 2006. Albany County Election Commissioners learned the week before Christmas that the Board of Elections are responsible for choosing the machines that in turn must be certified by the State Board of Elections. The timeline, established the government to be HAVA compliant by Primary Sept. 2006, didn’t happen. Plan B was implemented by using both electronic and paper ballot machines. NYS and the government agreed to be HAVA compliant for the Primary 2007. The 2007 list of certified machines, expected on Dec 5, 2006 deadline known as the 2nd stage,
(security testing) will not begin until Feb 7. Six vendors, who possess both types of machines, have been identified
Trustee Aylward confirms with Commissioner Clancy that the two types of machines are DRE and Optical Scan.
Commissioner Clancy states that the certification process is not as expected. The selected vendor’s product will be tested and stressed and allowed to be refined in order to pass inspection and be certified. There are huge security issues. NYS is the last to become HAVA compliant. The upside is to see mistakes in other states and be aware of machines that are not meeting the requirement of the voters. Once this timeline is complete, the Commissioner of Elections a list will be circulated and a machine will be chosen for Albany County.
Trustee Aylward refers to the voting by DRE machines in Sarasota, Florida where an election was decided by 369 votes with 18,000 votes or 30% being lost due to machine failure. Commissioner Clancy anticipates problems and not having a perfect machine. There will be concerns over voter confidence. Trustee Vlahos asks about the certifier process? Certifiers are being funded by the manufacturers. Mr. Clancy says that there are numerous stories - one out of Colorado of not following their own protocol. There are lots of stories in this big business situation. The State Legislature did not want to get caught up in the lobbying for vendors so it was kicked down to the local level where there is less influence. Mr. Clancy states that whatever machine is chosen will be “stand alone”, “closed circuit”
with a paper trail for recording and printing. Cost range is @ $15,000-$20,000 per machine.
Commissioner Clancy recommends caution in sending a resolution or to limit the contents to security issues, certification of machine, timeliness and basic criteria rather than suggesting a particular type of machine, and to include the NYS Board of Elections in the list of recipients.
Village Attorney E. Guy Roemer read the Legal Notice for a Public Hearing to consider the proposed Village of Altamont Comprehensive Plan. The purpose of the hearing is to solicit public comments prior to the Board considering adoption of the Plan.
Public Hearing
Trustee Whalen introduces the following members of the Comprehensive Planning Committee: Steve Parachini, Planning Board Chairman; Kate Provencher, ZBA member; Tim McIntyre, Supt. DPW; Harvey Vlahos, Trustee; Kristen Casey, ACT representative; John Smith, village resident; Don Cropsey, Building Inspector.
Tony Donato spoke on behalf of Sally Ketchum who owns abandoned buildings in the business district. A request was made to include self-storage units in the Zoning Law list of approved businesses.
Trustee Aylward made a motion seconded by Trustee Vlahos and carried to close the Public Hearing.
All in favor.
Trustee Whalen made a motion seconded by Trustee Aylward and carried to adopt the Comprehensive Plan as submitted on December 15, 2006. Roll Call: All in favor.
Trustee Whalen made a motion seconded by Trustee Aylward and carried authorizing the establishment of a work group to research and submit a water policy to the Board of Trustees by the February 6, 2007 Board Meeting. Roll Call: All in favor.
Trustee Whalen made a motion seconded by Trustee Aylward and carried to approve recommendations of the Altamont Guilderland Referral Committee and forward these to the Guilderland Zoning Board. A copy of the recommendations will be placed in permanent records. Roll Call: All in favor
Trustee Vlahos made a motion seconded by Trustee Dineen and carried to approve the Volunteer Firefighter Service Award Program list of all 2006 active volunteer firefighters of the Fire Department for posting in the fire station for a period of at least 30 days for review by members.
Roll Call: All in favor
Trustee Vlahos made a motion seconded by Trustee Whalen and carried to approve the following resolution: WHEREAS, the next general Village Election will be held on March 20, 2007, and WHEREAS, the polling place for this election will be at the Village Hall/Community Room/Firehouse, 115 Main Street., Altamont, Albany County, New York and, WHEREAS, the hours for the Village Election will be from noon to 9:00 p.m. Roll Call: All in favor
Trustee Aylward made motion seconded by Trustee Vlahos and carried to approve Board Minutes for November 7, 2006, November 21, 2006 and December 5, 2006. Roll Call: All in favor
Trustee Dineen made a motion seconded by Trustee Aylward and carried to adjourn at 8:50 pm.
Role Call: All in favor.
Respectfully Submitted,
Jean La Crosse
Clerk
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