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April 2007 minutesVILLAGE 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:
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:
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
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:
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:
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:
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.
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