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Meeting Minutes 04/17/2007
VILLAGE OF ALTAMONT

REGULAR BOARD MEETING

April 17, 2007

Mayor James M. Gaughan           E. Guy Roemer, Attorney

Trustee William F. Aylward          Jean La Crosse, Clerk

Trustee Kerry Dineen                   Catherine Hasbrouck, Treasurer

Trustee Christine Marshall             Anthony Salerno, Commissioner

Trustee Dean Whalen                   Tim McIntyre, Supt. DPW

 

7:30 pm

Attending: Donald F. Cropsey, Jr., Building Inspector; Paul Miller, Chief, AFD; Larry Adams, Jr.,  Richard Straut P.C., Barton & Loguidice and approximately 25 guests.

 

Mayor Gaughan opened the meeting with the Pledge of Allegiance and a moment of silence in memory of those who lost their lives in the recent Virginia Tech tragedy.

 

Installation of Village Officials

              Honorable William F. Aylward

              Honorable Christine Marshall

              Honorable Rebecca Morse Hout

 

Trustee Whalen reported that the Sub-division Regulations have been reviewed and routed to the Village Attorney and soon will be available for the Village Board. The Zoning Regulations are still in review.

 

2007 Organizational Meeting

 

Mayor Gaughan presented the following appointments to the Board of Trustees for approval:

 

Jean La Crosse - Deputy Court Clerk for a term of one year.

John Huber - Zoning Board of Appeals for a term of five (5) years.

Andrea Dean - Planning Board for a term of five (5) years.

 

The Mayor offered thanks and appreciation to John McClintock who retiring from the Planning Board following more than 24 years of service. Mr. McClintock was not present.

 

Trustee Aylward made a motion seconded by Trustee Dineen and carried to adopt, in its entirety, the 2007 Organizational Meeting Agenda as presented. Roll Call: All in favor

 

Keith Lee reported for Maple Avenue Parks. ACT is planning the annual Green and Clean event for May 5, 2007.  Ted Neumann will serve as Coordinator.

 

Chief Paul Miller, AFD, reported that the Fire Department documented 430 man hours this month. The new pumper was in service on 25 calls. The department pumped 45 cellars in the April 16 storm. Physical Examinations for the firemen are in progress.

 

Donald F. Cropsey, Jr., Building Inspector, reported on the installation of a  4’ picket fence at 154 Main Street. The owners will appear before the Zoning Board of Appeals on Tuesday, April 24 to request a Variance and Special Use Permit.

 

Timothy McIntyre, Supt. Public Works, thanked the DPW crew for their services during the recent storm and the residents for their patience.

 

Commissioner Salerno reported that the Police, Fire Department and Rescue Squad will hold “Awareness Day” on Saturday, April 21, 2007 from 10 am – 2 pm. The event will include distribution of 100 children’s bike helmets, courtesy of Martin, Harding and Mazzotti; Office of Criminal Justice will conduct child identifications and refreshments will be provided by the Fire Department, Coca Cola and Freihofers. The Commissioner recognized Officer Patrick Thomas and Officer Matthew Hanzalek for their dedication to the Altamont Police Department. Officer Hanzalek, who was absent due to work commitments, has been appointed to full-time to the Cobleskill Police Department. Commissioner Salerno also thanked Tim McIntyre for his continued support.

 

Trustee Whalen made a motion seconded by Trustee Aylward and carried to accept the Treasurer’s Report for April. Roll Call: All in favor.

 

Trustee Whalen made a motion seconded by Trustee Aylward and carried to approve “Engineering Services for Sanitary Sewer Inflow and Infiltration Assessment, File: 702.1704” submitted by Barton & Loguidice, P.C. in the amount of $28,300.00. Roll Call: All in favor

 

Public Hearing

Attorney E. Guy Roemer read the Legal Notice for Public Hearing prior to adoption of 2007-08 Village Budget.

 

Trustee Whalen confirmed with the Treasurer that the Fire Department’s original budget request was amended.

 

Trustee Marshall confirmed with the Treasurer and Mayor that there will be no increase in property tax rates.

 

Kate Provencher confirmed with the Mayor that there are funds set aside in the budget for training Zoning and Planning Board members?

 

Trustee Dineen made a motion, seconded by Trustee Aylward and carried, to close the Public Hearing.

All in favor.

 

Trustee Aylward made a motion, seconded by Trustee Dineen and carried to adopt the 2007-08 Village Budget as presented. Roll Call: All in favor.

 

Trustee Aylward made a motion seconded by Trustee Dineen and carried to accept the resignation of Maurice McCormick, part-time police officer, effective April 11, 2007 per letter of resignation.

Roll Call: All in favor.

 

Trustee Dineen reported to the Board that a proposal, to create a Water district (Phase II of the proposed Water Policy) prepared by Barton and Loguidice, has been placed in their mail boxes to be reviewed and considered at the May 1, 2007 Board Meeting.

 

Tim McIntyre approached the Board regarding a need to purchase a new generator for the waste water treatment plant. The current generator is old and not reliable. Anticipated cost is in the $40,000 range. A formal proposal will go before the Board at the May 1, 2007 meeting.

 

Trustee Aylward made a motion seconded by Trustee Whalen and carried to table the purchase of a new generator to the May 1, 2007 meeting. All in favor.

 

Attorney Roemer gave a presentation for the Board’s consideration on amending and replacing a prior agreement known as “Conditions For Provision of Public Water and Sewer Service to Brandle Meadows Senior Condominium Community By the Village of Altamont.” dated February 15, 2007.

 

Trustee Whalen made a motion to amend the previous agreement of February 15, 2007 with the following adjustment under item # 14, second paragraph to read 150/180% x 1/5/1.8 as follows:

 

REVISED 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 parties desire to amend and replace a prior Agreement between them dated February 15, 2007.

 

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 village design standards and 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

  • 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 water and 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. 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, or 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.
  • Construction of a gravity collection system within the Project boundaries. 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.
  • 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 all sanitary sewer 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. The Developer shall prepare recordable instruments (easements) to the Village using a metes and bounds description. These instruments shall be reviewed and approved by Village engineer and legal. The easements will be of sufficient width to permit access for maintenance and repair of all dedicated infrastructure. The cost of recording the easements shall be borne by the Developer.
 

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.   
  • Construction of a water distribution system within the Project boundaries. Such pressure distribution system shall be dedicated to the Village of Altamont upon completion and successful industry standard testing, and the Village’s acceptance of construction.
  • Installation of developer supplied individual water meters with locking ball valve within the building units. The meters and valves shall meet the Village requirements. Further, the Village will be granted access by the Developer or succeeding private entity (i.e. Homeowners Association) to the individual meters within 48 hours of written notification for the purpose of shutting off water meter(s) in accordance with the conditions stated in item 9 below.
  • The Developer shall be responsible for obtaining all regulatory approvals, permits and rights of way for all water facilities.  The Village will assist in securing easements for all water 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. The Developer shall prepare recordable instruments (easements) to the Village using a metes and bounds description. These instruments shall be reviewed and approved by Village engineer and legal. The easements will be of sufficient width to permit access for maintenance and repair of all dedicated infrastructure. The cost of recording the easements shall be borne by the Developer.
 

9.   The individual water meters will be the basis for billing water usage by the Project to the Developer or succeeding private entity (i.e. Homeowners Association), or individual unit owners as follows:

  • Rental unit meters will be billed to the Developer or succeeding private entity (i.e. Homeowners Association);
  • Common building and grounds meters will be billed to the Developer or succeeding private entity (i.e. Homeowners Association); and
  • Individually owned unit meters billed to the unit owner  
 

   The Developer or succeeding private entity (i.e. Homeowners Association) shall be a guarantor of all the individual unit water and sewer bills and will pay in full the amounts past due from any individual unit user no later than fifteen days after written notification by the Village to the Developer or succeeding private entity (i.e. Homeowners Association). Such bill will be considered past due if unpaid for 30 days from the date it is rendered.

 

   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 Village of Altamont shall own, maintain, and operate the sanitary sewer system (i.e. manholes and gravity sewer piping) and water system (i.e. water mains, valves and fire hydrants) within the Project boundaries. All water and sanitary sewer building service lines from the mains to the building units shall be owned, maintained and operated by the Developer or succeeding private entity (i.e. Homeowners Association).

 

13.  All obligation of the Village to accept title to and obligation for operation and maintenance of the sanitary sewer infrastructure within the Project boundaries and the water system infrastructure within Project boundaries shall be contingent upon the Village receiving a written opinion from the NYS Comptroller’s office that such ownership and obligation for operation and maintenance is within the legal authority granted to the Village under the laws of New York State. A written request for such opinion has been requested by the Village.

 

14.   In order to accommodate the additional expenses incurred for operations and maintenance of the Brandle Meadows water system, an additional 3.5-percent will be included on the out-of-village water rate and indicated as an O&M charge. This increase will pay for the additional operations and maintenance of the water system of the Brandle Meadows water system.

 

The sanitary sewer user rates which are typically 150/180-percent of the water rate will include an increase of 5.25/6.3-percent (3.5-percent water rate increase multiplied by 1.5/1.8 sewer rate to water rate ratio) and indicated as an O&M charge. This increase would pay for the additional operations and maintenance of the gravity sanitary sewer system of the Brandle Meadows sewer system.

 

15.   The parties acknowledge that it is imperative that they meet their obligations under this agreement expeditiously.

 

16.   The said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

 

17.   This Agreement shall be governed by the laws of the State of New York both as to interpretations and performance.

 

18.   The Homeowners Association will sign a document committing itself to all obligations referenced in this Agreement, which document shall be signed prior to occupancy of the first residential unit. The signing of such document will relieve the Developer of guarantor requirements as noted in paragraph 9. above.

 

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                                                                                       

 

Trustee Aylward seconded the motion. Roll Call: All in favor.

 

Trustee Dineen made a motion seconded by Trustee Aylward and carried to enter into Executive Session to discuss personnel matters. All in favor.

 

Trustee Aylward made a motion seconded by Mayor Gaughan and carried to terminate the full-time probationary appointment of Public Works laborer Michael Smith due to unsatisfactory performance effective April 18, 2007. Roll Call: All in favor.

 

Trustee Dineen made a motion seconded by Trustee Aylward and carried to hire Robert Traina and Brian Canam as part-time Police Officers effective April 17, 2007 @ $15.00 per hour for a probationary period of one year at which time salary will be increased to standard wage of $16.00 per hour. Roll Call: All in favor.

 

Trustee Aylward made a motion seconded by Trustee Dineen and carried to exit Executive Session.

All in favor.

 

Trustee Dineen made a motion seconded by Trustee Aylward and carried to enter into Regular Session.

All in favor

 

Trustee Whalen made a motion seconded by Trustee Dineen and carried to adjourn at 9:35 pm.

All in favor.

 

Respectfully Submitted, 

Jean La Crosse

Clerk

 

 

VILLAGE OF ALTAMONT

BOARD OF TRUSTEES

Organizational Meeting April 17, 2007

PART I

One Year Term

Jean La Crosse, Deputy Court Clerk

Five Year Term

John Huber - Zoning Board of Appeals (2012)

Andrea Dean - Planning Board (2012)

 

PART II

Official Newspaper

 Altamont Enterprise

 Guilderland Spotlight

Official Bank

Key Bank - Altamont Branch

Time & Place of Meetings

Village Board - First Tuesday of each month and third Tuesday as needed

Zoning Board of Appeals - Fourth Tuesday of each month as needed

Planning Board - Fourth Monday of each month as needed

Mileage

48.5 cents per mile for Officials and Employees

Bonds

For Officials and Employees to continue as last year

($ 50,000 Clerk/Treasurer; $ 10,000 Employees)

Personnel Policy

To continue as written pending review

Procurement Policy

To continue without change

 2008 Organizational Meeting

First Tuesday in April 2008  

PART III

Training

Authorizing Mayor Gaughan to approve meetings, conferences and training seminars for employees that would benefit the Village and could include the following schools, conferences and seminars sponsored by New York State Conference of Mayors such as: Main Street; Annual Training School; Fall Training School; Public Works Training School; Legislative Meeting; Winter Legislative Meeting; Office of the New York State Comptroller; Office of Court Administration; Public Works Training and Licensing, and the Albany County Division of Management and Budget technology classes.

Advance Payment of Claims

Authorize Village Treasurer to pay, in advance of audit, claims for public utility services, postage, hospitalization, freight and express charges, and fees for officials and staff to attend meetings and schools approved by Mayor Gaughan prior to the next scheduled regular board meeting.