VILLAGE OF ALTAMONT
REGULAR BOARD MEETING
February 6, 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.; Larry Adams, Jr. Building Inspector, Donald F. Cropsey, Jr.; Commissioner Anthony Salerno; Approximately 25 guests.
Mayor Gaughan opened the meeting with the Pledge of Allegiance.
Trustee Whalen reported that the Comprehensive Planning members including: Steve Parachini; Kate Provencher; Harvey Vlahos and Don Cropsey continue the process by focusing on Zoning and Sub-division updates, modification and regulations. Refer to other items on the Agenda pertaining to Comprehensive Planning.
Mayor Gaughan reported that the board received a summary report from Commissioner Salerno on the grants received into the village in this fiscal year totaling $19,218 grants funds and face value on guns and vests. The Mayor continues with Guilderland shared services individual Linda Cure for enhanced senior and farmer’s market programs.
Trustee Vlahos made a motion seconded by Trustee Whalen and carried to accept the Treasurer’s report as presented. Roll Call: All in favor
Public Comment
Angie Santabarbara approached the Board of Trustees regarding a request for water that is addressed later in the agenda.
Honorable Neil Taber, Altamont Court Justice, approached the Board regarding the potential financial impact for the village and residents should a “grey water” project be considered in the future. Additionally, Justice Taber inquired about the proposed court room furniture that is under contract and planned for late March 2007.
Troy Miller commented on the additional three-month extension on sub-division moratorium that is proposed for a Public Hearing in March 2007. Mr. Miller states that this is destroying his lively hood and would like to work with the board to “get the ball rolling” on Bozenkill Road project.
Trustee Aylward made a motion seconded by Trustee Dineen and carried to accept the resignation of Gary Courtright, DPW effective February 13, 2007 per letter of resignation. Roll Call: All in favor.
Consider resolution and filing authorization of Negative Declaration – Type I Action related to adoption of the Village of Altamont Comprehensive Plan according to SEQRA, NYS 6 NYCRR
Part 617 as follows:
RESOLUTION
ALTAMONT VILLAGE BOARD
NEGATIVE DECLARATION - TYPE I ACTION
Date: February 6, 2007
WHEREAS, the Village Board of the Village of Altamont (“Village Board”) duly appointed a Comprehensive Plan Steering Committee to develop a draft Village comprehensive plan; and
WHEREAS, the Comprehensive Plan Steering Committee conducted a two- year study of the Village of Altamont that included a full inventory of physical, natural and cultural resources; and
WHEREAS, the Comprehensive Plan Steering Committee solicited and utilized the input of the public through a written survey, visioning workshops, and news articles, and two public hearings to formulate the plan; and
WHEREAS, this Plan includes the long-term vision, goals, objectives and strategies to guide the orderly growth of the Village; and
WHEREAS, the Plan also includes studies of past and present land uses, demographic statistics, public opinions, and recommendations for the Village to use and/or implement in order to reach the stated goals and objectives of the Village; and
WHEREAS, the Village Board submitted the Draft Comprehensive Plan to the Albany County Planning Board as required by NYS General Municipal Law 239-m and the proposed action does not require any other permits or approvals from other State and Federal agencies prior to adoption; and
WHEREAS, the Village Board declared itself Lead Agency and conducted an environmental assessment according to SEQRA, NYS 6 NYCRR Part 617; and
WHEREAS, the Village Board, after consideration of the Full Environmental Assessment Form Part I and Part II finds that
Implementation of plan will positively assist Altamont in reaching goals of maintaining open space, rural landscapes, and the environment.
The plan recognizes sensitive environmental areas that need protection in the future.
The plan makes recommendations on ways the Village can maintain its historic, aesthetic character and rural-village landscapes.
The plan includes an inventory of historic resources and offers methods to protect these important resources.
The plan recommends implementation of a variety of tools such as site plan review, subdivision and zoning methods and amendments to protect critical resources.
The plan offers recommendations on how Altamont can maintain its current and desired neighborhood character, and to control growth in a manner which will meet the goals of the community.
- NOW THEREFORE BE IT RESOLVED, that the Village of Altamont Village Board hereby declares that adoption of the Village of Altamont Comprehensive Plan described herein, will not have any significant negative environmental impacts; and
- BE IT FURTHER RESOLVED, that the Village Board hereby authorizes filing of a negative declaration (attached hereto), according to SEQRA, NYS 6 NYCRR Part 617.
- WHEREUPON, this Resolution was declared adopted by the Village Board of the Village of Altamont
The motion was moved by Trustee Whalen
The motion was seconded by Trustee Vlahos.
The vote was as follows:
Trustee Whalen In favor
Trustee Vlahos In favor
Trustee Aylward In favor
Trustee Dineen In favor
Mayor Gaughan In favor
Motion carried 5/0
RESOLUTION OF THE
VILLAGE BOARD FOR THE
Village of Altamont
In the Matter of the Adoption of the
Village of Altamont Comprehensive Plan
WHEREAS, the Village Board of the Village of Altamont is desirous of appropriately planned growth in the Village of Altamont; and
WHEREAS, a Comprehensive Plan is a statutorily recognized instrument under Village Law § 7-722 for the immediate and long-range protection, enhancement, growth and development in a Village; and
WHEREAS, a properly crafted comprehensive plan assists with the regulation of land use and protects the health, safety and general welfare of the citizens of the Village; and
WHEREAS, the Village of Altamont Village Board identified that a comprehensive plan was needed to properly plan growth and development, protect the environment and enhance the health, safety and welfare of the community and residents; and
WHEREAS, the Village of Altamont convened a Comprehensive Plan Committee to study the Village, collect data and prepare a draft comprehensive plan; and
WHEREAS, the Village of Altamont retained the services of a professional planning consultant to assist with and prepare a Comprehensive Plan; and
WHEREAS, the Comprehensive Plan Committee engaged in an extensive effort to solicit public and community input into the comprehensive planning process over a multi-year period; and
WHEREAS, the committee with the assistance of its professional planner completed the requested tasks; and
WHEREAS, as a result of the public input and the efforts of the Comprehensive Plan Committee, a Draft Comprehensive Plan was prepared and submitted for Village Board consideration; and
WHEREAS, one public hearing was held by the Comprehensive Plan Committee to solicit input from the community as per Village Law § 7-722; and
WHEREAS, the Village Board has reviewed the draft Comprehensive Plan and conducted a public hearing thereon; and
WHEREAS, the Village Board of the Village of Altamont has caused to be prepared a Long Environmental Assessment Form (EAF) pursuant to the mandates of the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617); and
WHEREAS, the Village Board has duly considered the contents of the EAF and completed Parts 2 thereof; and
WHEREAS, the Village Board has identified the relevant areas of environmental inquiry and taken a hard look at them; and
WHEREAS, the Village Board has issued a negative declaration under SEQRA thereby complying with the mandates of the State Environmental Quality Review Act; and
WHEREAS, the Village Board has completed requirements of NYS General Municipal Law 239-m by forwarding a copy of the draft plan to the Albany County Planning Department and waiting 30 days for their response;
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE
VILLAGE BOARD OF ALTAMONT, ALBANY COUNTY, NEW YORK:
THAT THE Village Board of the Village of Altamont hereby determines that the Comprehensive Plan, attached hereto and made a part hereof, is hereby adopted as the Comprehensive Plan of the Village of Altamont.
The motion was moved by Trustee Whalen
The motion was seconded by Trustee Vlahos
The vote was as follows:
Trustee Whalen In favor
Trustee Vlahos In favor
Trustee Aylward In favor
Trustee Dineen In favor
Mayor Gaughan In favor
Motion carried 5/0
Trustee Aylward made a motion seconded by Trustee Whalen and carried to hold a Public Hearing for March 6, 2007 at 8:00 pm on Local Law No. 2-2007 amending Local Law No. 4-2006 known as “The Zoning Ordinance of the Village of Altamont, Albany County, New York” to extend the moratorium on subdivision regulations for 3 months or to July 3, 2007. Roll Call: All in favor.
Trustee Aylward made a motion seconded by Trustee Vlahos and carried approving the following individuals as Election Inspectors for Village Election Registration Day, March 10, 2007 and Village Election March 20, 2007at $10.00 per hour: Norma Dean; Rosemary McGowan; Veronica Graves and Chris Weir. Roll Call: All in favor
RESOLUTION OF THE
BOARD OF TRUSTEES
For the Village of Altamont
WHEREAS, the next general Village Election will be held on March 20, 2007, and
WHEREAS, no person shall be entitled to vote at any Village Election whose name does not appear on the register, and
WHEREAS, Section 15-118 Sub 3 of the Election Law requires that every Village hold a Registration Day for each general village election.
NOW, THEREFORE, BE IT RESOLVED THAT;
First: The inspectors of elections shall meet on the 10th day of March 2007 for
REGISTRATION DAY and to prepare the register.
Second: Such Registration Day will be held at Village Hall from 12 noon to 5:00 pm.
Third: Voting for the forthcoming election shall be conducted at the Village Hall, 115 Main Street, Altamont, NY on Tuesday, March 20, 2007 from 12 noon to 9:00 pm.
Motion was made by Trustee Aylward
Motion was seconded by Trustee Vlahos
Vote was as follows:
Trustee Whalen: In favor
Trustee Vlahos In favor
Trustee Aylward In favor
Trustee Dineen In favor
Mayor Gaughan In favor
Motion carried 5/0
Trustee Vlahos made a motion seconded by Trustee Dineen and carried to enter into one year contract with Metro Media for video taping, editing, and creation of two DVD’s (one forwarded to Guilderland Public Access by Metro Media for broadcast) of Village Board Meeting at a cost of $150.00 per meeting. Roll Call: All in favor.
RESOLUTION OF THE
BOARD OF TRUSTEES
For The Village of Altamont
Whereas, the Help America Vote Act requires new voting machines and,
Whereas, Paper Ballot Optical Scan (PBOS) voting machines are more accurate, considerably less expensive, last twice to three times as long, take up much less space, require less special handling, provide a system of paper ballots marked by hand (or by ballot-marking device for voters with disabilities and are more user friendly compared to Direct Recording Electronic (DRE) touch screen voting machines, and
Whereas, paper ballots optically scanned fulfill Albany County's requirement of being reliable; according to the League of Women Voters,
Whereas, unlike electronic DRE touch screen voting machines, PBOS voting continues without relying on electricity, and
Whereas, voter-marked paper ballots consist of document quality paper that can be stored for many years and are available for an accurate recount, are controlled and stored by either municipal governments, the Board of Elections or their designated individuals, and
Whereas, The Government Accountability Office (GAO) in its September 2005 report stated touch screen (DRE) machines present "significant concerns about the security and reliability of electronic voting systems (DRE)", and
Whereas the National Institute of Standards and Technology, the government's premier research body advising the US Election Assistance Commission, issued a sweeping condemnation of DRE voting systems, and
Whereas, the vote tallies and storage of electronic files in electronic DRE touch screen voting machines are programmed, updated and maintained by private businesses that are not owned, operated, controlled or under the jurisdiction of the Board of Elections or any governmental body, and that even the machine certification body in New York is dependent upon the manufacturers for funding, casting doubt on its ability to be completely objective,
Whereas Florida’s governor calls for spending 32.5 million dollars to scrap their DRE’s and convert to a Paper Ballot Optical Scan system therefore, be it
Resolved, that the Village of Altamont urges purchase of precinct-counted paper ballot optical scan PBOS voting machines as the HAVA-compliant voting machines
Resolved, that a copy of this resolution be forwarded to: Governor Eliot Spitzer: State Senate Majority Leader, Joseph Bruno; Senator Neil D. Breslin: Speaker of the Assembly, Sheldon Silver; Assembly Member John McEneny, Commissioner Neil W. Kelleher, Commissioner Evelyn J. Aquila, Commissioner Helena Moses Donohue, Commissioner Doug Kellner, The Board of Elections Co-Executive Director Peter Kosinski; Board of Elections Co-Executive Director Stanley Zalen; the members of the Albany County Legislature and Albany County Election Commissioner John A. Graziano.
Motion was made by: Trustee Harvey C. Vlahos
Second was made by: Trustee William F. Aylward
Vote was as follows:
Trustee Dean Whalen In favor
Trustee Harvey C. Vlahos In favor
Trustee William F. Aylward In favor
Trustee Kerry Dineen In favor
Mayor James M. Gaughan In favor
Motion carried 5/0
Trustee Aylward made a motion seconded by Trustee Vlahos and carried to approve Board Minutes for January 16, 2007. Role Call: All in favor.
8:00 PM – Public Hearing
Attorney E. Guy Roemer read the Legal Notice for the 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 fee on all village water unit properties in support of $1.4 million ground water project.
Neil Taber, Altamont Blvd. asked how many units are connected to village water system and once this support is paid for, will the fee be removed?
Catherine Hasbrouck said there are approximately 940 units.
Mayor Gaughan said that this is a dedicated amount identified to support the repayment of the
20 year loan.
Kate Provencher, Thatcher Drive, asked if the fee will be added to all units inside and outside the village and will the fee for outside users be doubled? Also why is this a flat fee opposed to an increase on water usage in fairness to more conservative users.
Mayor Gaughan answers that the fee is the same for all users using the underling rationale that the upgrade benefits everyone equally.
Wayde Bush, Brandle Road, asks if the Board was offered $100,000 to settle the Trumpler suit before going into litigation and he wonders if it would that have paid for all that water for Jeff Thomas to build his development? Mr. Bush heard this and wondered why the village did not accept.
Mayor answered that we were not offered $100,000.
Trustee Aylward made a motion seconded by Trustee Dineen to close the Public Hearing.
Roll Call: All in favor.
The Board continued with a discussion on the proposal to adopt a $15.00 fee on water units.
Trustee Aylward made a motion seconded by Trustee Dineen and carried to adopt Local Law #1-2007, amending Local Law #3-2006 Water & Sewer and Regulations to include a semi-annual $15.00 fee on all village/non-resident water unit properties in support of $1.4 million ground water project.
Roll Call: All in favor.
A discussion of a proposed water policy for the Village of Altamont by Work Group: Superintendent of Public Works Tim McIntyre, Richard Straut, Barton and Loguidice Engineers, and Trustee Kerry Dineen will be continued at the March 6, 2007 meeting. Attorney Roemer suggested that the committee complete ideas or guidelines for granting of water primarily outside the village. The public can comment at the March meeting; however, a Local Law is not necessary in order to adopt a water policy.
Trustee Whalen made a motion seconded by Trustee Aylward and carried to approve Task Order, File 702.1672, for Village Designated Engineering Services Brandle Meadows – Water and Sanitary Sewer Utilities from Barton & Loguidice P.C. Village shall deposit $5,000 provided and received from the developer, in an escrow account established for the purpose of paying Barton and Loguidice the necessary and reasonable fees in connection with the project. Roll Call: All in favor.
TERMS AND CONDITIONS
FOR
PROVISION OF PUBLIC WATER AND SEWER SERVICE
TO BRANDLE MEADOWS SENIOR CONDOMINIUM COMMUNITY
BY THE VILLAGE OF ALTAMONT
These Terms and Conditions established the___ day of ____, 2007 by and between _____________, with offices at __________, hereinafter referred to as “DEVELOPER”, and
the Village of Altamont, Albany County, New York, hereinafter referred to as the “VILLAGE”.
WITNESSETH
WHEREAS, the Developer proposes to develop a project known as Brandle Meadows Senior Condominium Community, hereinafter referred to as the “Project”, located south of the Village along Brandle Road in the Town of Guilderland, Albany County, New York, and
WHEREAS, The Village of Altamont is presently constructing water system improvements, including a new well site and water transmission main to convey water from the new wells into the Village’s water system; and
WHEREAS, said improvements will also put the Village in the position to provide water service to the Project, and
WHEREAS, in consideration of the Project, the Village has opted to construct the water transmission main along Brandle Road in front of the Project and passing into the Village, and
WHEREAS, the Developer desires to have public water and public sanitary sewer service supplied to the Project from the Village’s public water system and public sanitary sewer system, and
WHEREAS, the Developer acknowledges the following:
- the Village will require certain design specifications be built into the Project,
- the Village will require technical reviews of developers project plans for the water and sanitary sewer infrastructure to ensure that appropriate design specifications are proposed to be incorporated, and
- the Village will require inspection of the construction portions of the project that will ultimately be dedicated to the Village by a Village engineering representative to ensure that construction meets the Village’s specifications,
all of which are required by the Village to secure the Village’s interest in improving and maintaining its water and sanitary sewer infrastructure in the most appropriate manner, and
WHEREAS, the Village intends to retain the firm of Barton & Loguidice, P.C. to consult and represent the Village’s interests related to the acknowledgements in the preceding paragraph, and
WHEREAS, the Developer will construct gravity sanitary sewer infrastructure along Brandle Road that will serve the Project, and will, upon completion and acceptance of such infrastructure by the Village, will dedicate it to the Village, and
WHEREAS, the Developer agrees to pay all the necessary costs and expenses incurred by the Village associated with the following:
- extension of sanitary sewer services to the Project,
- a portion of the cost of extending the water main past the Project,
- technical reviews of developers project plans, specifications, reports, and related information for the water system extension/connection and the sanitary sewer system extension/connection by the Village’s designated engineering representative, and
- inspections of construction by the Village’s designated engineering representative.
NOW, THEREFORE, it is mutually agreed as follows:
1. The Village will retain the services of Barton & Loguidice, P.C. (B&L) to review Developers water and sanitary sewer infrastructure plans and specifications, and to inspect the construction of such infrastructure that will be dedicated to the Village and that will connect to the Village’s infrastructure; and advise the Village regarding the designs and construction. Services to be provided by B&L include, but will not necessarily be limited to:
- Review of Developers reports, plans, specifications and other pertinent information relative to the water supply and sanitary sewer service to the Project,
- Attendance at meetings with Village and/or Developer representatives relative to the Project,
- Providing written or verbal advice regarding the water and sanitary sewer service to the Project,
- On-site representation during construction of water and sanitary sewer service connections to Village infrastructure, and during construction of sanitary sewer facilities that will be dedicated to the Village of Altamont.
2. The Village will establish an escrow account at a local banking institution specifically related to the Project. The Developer will provide all monies necessary to fund said account for the Village to use to pay Barton & Loguidice, P.C.’s fees for professional services in connection with the Project.
3. The Village shall deposit all money provided and received from the Developer to fund said account and the Village is hereby authorized to expend any and all monies in said account for the purpose of paying Barton & Loguidice, P.C. the necessary and reasonable fees in connection with said project, including those professional review services and assistance in defining the technical provisions of these Terms and Conditions which predate this agreement. The Village shall provide the Developer with a copy of each invoice as approved by the Village within ten (10) days of payment.
4. The Developer shall provide monies to fund said account in the amount of Five Thousand and 00/100 dollars ($5,000.00) as an initial deposit. This initial deposit shall be considered partial deposit as it may be determined that additional monies will be needed to pay for professional services as the project progresses. The Developer is responsible for payment of all reasonable professional fees incurred by the Village in connection with the Project. In the event that the escrow account is diminished to an amount that the Village determines is not sufficient to pay the anticipated remaining professional services related to the Project, the Developer shall deposit an additional $5,000 with the Village Treasurer that will be used to supplement the escrow account within 72 hours of notification by
the Village. If the Developer fails to replenish the escrow account or there are unpaid amounts for which the Developer is responsible pursuant to this agreement, the Village, in its discretion, may disallow use of Village water and/or sanitary sewer services until such time as appropriate deposits have been made.
5. In the event that funds are remaining in said escrow account upon completion of the Project, and after all payments for professional fees have been made in connection with the Project, funds remaining in the escrow account will be returned to the Developer.
6. It is agreed between the parties hereto that said escrow account shall continue for the duration of the Project and the expenditure of monies from said escrow account is authorized during the entire life of the Project, and up to 90 days of Project’s conclusion.
7. Sanitary sewer infrastructure improvements to be constructed by the Developer at his cost are to include the following, subject to review and approval of the Village:
- Construction of gravity sanitary sewer along Brandle Road from the Village’s existing manhole at the corner of Van Evera Drive, west 730 feet, to a point where the sanitary sewer invert is 6-feet below the shoulder of the road. Such gravity sewer shall be dedicated to the Village of Altamont upon completion and successful industry standard testing, and the Village’s acceptance of construction.
- Construction of an acceptable conveyance system (pump station and force main) to be owned, operated and maintained by the Village, designed such that the flow rate does not exceed 60 gallons per minute into the Village’s sanitary sewer system.
- Installation of a permanently installed emergency generator with automatic transfer switch to run the existing sewage pumping station on Brandle Road during power outages.
- The Developer shall be responsible for obtaining all regulatory approvals, permits and rights of way for all sanitary sewer facilities. The Village will assist in securing easements for facilities to be dedicated to the Village, and the cost of legal and professional fees for any such assistance shall be paid by the Developer through the escrow account.
8. Water system infrastructure improvements to be constructed by the Developer at his cost are generally to include the following, subject to review and approval of the Village:
- A single point of connection to the Village’s water main to be constructed by the Village along Brandle Road.
- Construction of a metering pit with a single master meter that will meter all water to the Project. The meter to be installed shall meet Village requirements and shall be subject to review and approval of the Village Water Superintendent.
9. The master water meter will be the basis for billing water usage by the Project to the Developer or succeeding private entity (i.e. Homeowners Association). The Village will not send individual water and sewer bills to the unit owners. Water Service will be discontinued to non- resident users after sixty (60) days if all fees are not paid. Such service will not be re-established until the charges are fully paid. If service is terminated for non-payment of water rent, a non refundable charge of One Hundred ($100.00) will be paid to establish service.
10. The Developer agrees to pay the Village Forty Thousand Dollars ($40,000) toward the cost of constructing the water system extension, due and payable upon issuance of the certificate of occupancy for the first building constructed as part of the Project. There will be no other expenses of Developer for bringing the Project on line other than the obligations expressed herein and the Hook-up Fees and Benefit Assessment presently contained in the Village law.
11. In consideration of Developer constructing 330 feet of extra gravity sanitary sewer south of the Village line toward the Project in lieu of force main, the Village agrees to credit the Developer an amount of $20,000 from fees otherwise due and owing the Village.
12. The parties acknowledge that it is imperative that they meet their obligations under this agreement expeditiously.
13. The said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
14. This Agreement shall be governed by the laws of the State of New York both as to interpretations and performance.
IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals the day and year first written above.
James M. Gaughan, Mayor
Village of Altamont
Developer
Motion was made by: Trustee Aylward
Motion was seconded by: Trustee Dineen
Vote was as follows:
Trustee Whalen In favor
Trustee Vlahos Abstain
Trustee Aylward In favor
Trustee Dineen In favor
Mayor Gaughan In favor
Motion carried 4/1
A signed copy of this agreement will be entered into the record of minute’s ledger.
Trustee Vlahos made a motion seconded by Trustee Aylward and carried to assure connection to village water per request of Michael and Angie Santabarbara at 6404 Gun Club Road once the supplemental water source on Brandle Road is in service, estimated to be on or about early spring of 2007, and upon formal application by the Santabarara’s. A letter will be forward to Albany County Department of Health so the required permits for occupancy can be issued to and from the Town of Guilderland. Roll Call: All in favor.
Trustee Aylward made a motion seconded by Trustee Dineen to adjourn at 8:50 pm. All in favor
Respectfully Submitted,
Jean La Crosse
Clerk
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