DRAFT COPY

REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 30 FERRY ST.,

SCHUYLERVILLE, NY

December 13, 2004

7:00 P.M.

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

Roll call: Town Clerk Ruth Drumm called the roll.� Supervisor Thomas Wood- present, Councilman Bruce Cornell - absent, Councilman Charles Hanehan- present, Councilman Michael McLoughlin � present, and Councilman Fred Drumm- present

Also present: Highway Superintendent Grant Seymour, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Deputy Clerk Linda McCabe, Assessor/Bookkeeper Catherine DeFelice, Meghan Phalen, Geraldine Friedman, Ted Munn, Dan Craine, Walter & Anita Flanders, and George Smede.

Supervisor Thomas Wood gave the Rules of Procedure for Public Hearings.

Supervisor Thomas Wood stated that the board has been working with Time-Warner for quite some time now and had arrived at an agreement. He invited George Smede of Time-Warner to speak. George Smede spoke briefly on the advantages of the renewal process.� He stated that the process helps to evaluate the satisfaction of the subscribers and identifies the needs of the town. He mentioned that 1.4 miles of construction for 19 homes on County Rd. 70 is pending and should be done in the spring.� He stated that the following projects have been approved and are in progress to some degree: 1.7 miles along Coveville Rd., 1.2 miles on Garnsey Lane and .2 miles along County Rt. 68.

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Proof of Notice on November 29, 2004 and December 6, 2004 having been furnished, Supervisor Thomas Wood opened the Public Hearing on the Time Warner Franchise Agreement: No one spoke for or against the agreement.� Supervisor Thomas Wood closed the Public Hearing.

�Approval of Minutes: All board members had received and read the minutes of November 4, 2004.� A motion was made by Supervisor Thomas Wood and seconded by Councilman Fred Drumm to accept the minutes of the November 4, 2004 meeting as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0.

Town Clerk�s report for November 2004: Fees paid to the County Treasurer for Dog Licenses $29.37. Dog license fees paid to the NYS Dept. of Agriculture and Markets $9.00. Fees paid to New York D.E.C. for hunting and fishing licenses $704.81. Dog license fees to Supervisor Thomas Wood $80.63. Clerk fees to Supervisor Thomas Wood $91.44. Total State, County, and Local Revenues received were $937.75.

Zoning Officer�s report: November 2004: 8 Building Permits, 3 C.O.�s, and 21 Building inspections were done.�� A check for $765 was given to Supervisor Thomas Wood.

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Supervisor�s report: Supervisor Thomas Wood presented November 2004 balances in Town funds as follows: General A $564,960.31, General B $81,841.90, Highway Outside $363,921.89, Youth Recreation & Services $1,119.47, Highway Equipment Reserve $109,022.49, Building Reserve $817,599.85, and Fire Protection $0.00.� November revenues were $250,107.05 and expenses were $86,697.09.� The total November balance is $1,938,465.91.

Supervisor Thomas Wood reported that he received a letter of resignation on December 12, 2004, from Dottie Soderberg, whom has been cleaning the town hall and town garage.� Supervisor Thomas Wood thankfully recognized the service that she provided to the town.� Tammy Mitchell, who has previously cleaned for the town, has been hired to fill the vacancy.�

Supervisor Thomas Wood explained that he would be adding a spot for public comment early in the meeting, after the Supervisor�s report.� Comments on agenda items only would be allowed at that time.� There would still be the Privilege of the Floor comment period near the end of the meeting for comments on any other concerns.��

Highway: Highway Superintendent Grant Seymour reported that all the highway equipment is ready for snow removal.�

He stated that along Chestnut Street they opened up the ditches by the Salley residence and created a swale on the opposite side of the street to help channel the surface water to the catch basin at the end of the street.� They will continue to monitor the situation.�

Supervisor Thomas Wood read a letter from Schuylerville Mayor John Sherman thanking Highway Superintendent Grant Seymour and his crew for their help in decorating the village in time for Dutch Christmas.��

Landfill: No report.

Insurance: Supervisor Thomas Wood reported that Saratoga County has given all the towns in the county an insurance survey to complete. It will be used to determine what insurances are offered to the employees in those towns.� The County will summarize the results and try to determine if the towns could benefit by joining the County�s Group Insurance Plan.� It would be up to the individual towns, if presented to them, to join.��

Youth Committee report: Councilman Michael McLoughlin reported that Meaghan Lagoe, Student Council Treasurer at Schuylerville Central School, wrote a letter nominating Schuylerville Central School�s Superintendent Dr. Leon Reed for NYS Administrator of the Year at the NYS Council of Leadership and Student Activities Conference.� The NYS Council of Leadership and Student Activities chose him as Administrator of the Year.� Councilman Michael McLoughlin added that she should be commended as one of our future leaders of tomorrow.�

Buildings: Supervisor Thomas Wood stated that Town Engineer Kenneth Martin has prepared RFP�s for test borings on the site immediately to the north of the present town hall in an effort to determine the costs involved to determine if it would be an acceptable site for a new town hall.� RFP�s have also been prepared for historical and environmental site analysis� to determine the cost of a Phase 1A investigation.

Senior Citizens report: No report.

Park Committee report: Councilman Michael McLoughlin stated that there is nothing new to report.

Cable TV Committee: Councilman Fred Drumm noted that the Time Warner Franchise Agreement is a good one and hopes that it is passed.

Old Business: None

New Business: Supervisor Thomas Wood explained that the issue of the City of Saratoga Springs using Saratoga Lake as a water source was first opposed by Resolution of the Town Board in 2003.� He felt that there is a need to go on record again. He noted that he would be attending the public hearing scheduled at the City Center tomorrow evening to be heard as opposing the plan.

Resolution #04-141 was introduced by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan.�

RESOLVED, that the Town Board of the Town of Saratoga, acting on behalf of the residents of Saratoga Lake and the entire town, does hereby reaffirm its strong opposition to the use of Saratoga Lake as a source of drinking water; and be it further

RESOLVED, that the Town Board of the Town of Saratoga will pursue full restitution from the City of Saratoga Springs for any and all costs incurred by the town or its residents for watershed management, improvement, or monitoring; and be it further

RESOLVED, that the Town Board and the Town of Saratoga encourages the City of Saratoga Springs to vigorously pursue other alternatives to bring drinking water to the residents of the City; and be it further

RESOLVED, that the Town Board strongly objects to the State Environmental Quality Review Act � Full Environmental Impact Statement, and recommends that a positive declaration be adopted by the City Council; and be it further

RESOLVED, that the Town Clerk is authorized and directed to transmit a copy of this Resolution to the City of Saratoga Springs, the Saratoga County Board of Supervisors, the Saratoga Lake Association, the Saratoga Lake Improvement and Protection District, Congressman John Sweeney, State Senator Joseph L. Bruno, State Assemblyman Roy McDonald, U.S. Senators Charles Schumer and Hillary Clinton, the Department of Environmental Conservation, and the New York State Department of Health.�

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0. (The full text of this resolution is on file in the Resolution Book in the Town Clerk�s office.)

Resolution #04-136 was introduced by Councilman Charles Hanehan and seconded by Councilman Fred Drumm.�

WHEREAS, legal notice has been duly published by the said Time Warner Cable stating that such application to renew its franchise agreement has been filed and is on file for public inspection; and

WHEREAS, certain meetings have been held between the Town and the said Time Warner Cable to negotiate and finalize the Franchise Renewal Agreement; and

WHEREAS, a public hearing concerning the said proposed renewal agreement was held by the Town Board of the Town of Saratoga on the 13^th day of December, 2004; now therefore be it

RESOLVED, that the Town Supervisor of the Town of Saratoga is hereby authorized and directed to execute the said agreement, with said agreement to be in a form acceptable to the Town Attorney of the Town of Saratoga.

Resolution #04-137 was introduced by Councilman Fred Drumm and seconded by Councilman Michael McLoughlin.

RESOLVED by the Town Board of the Town of Saratoga to transfer $226.50 from the Contingency Account # A1990.4 to Account # A1110.4 Justices, to cover the additional expenses incurred for training.

Resolution #04-138 was introduced by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan.

WHEREAS, the Town of Saratoga has agreed to administer the Lakes to Locks Passage Saratoga Pocket Parks Grant, Contract # DO17673, Workplan PIN: 1SB1.02.121

and

WHEREAS, documentation has been provided to verify services provided from 5/01/04 through 6/30/04, now therefore be it

RESOLVED, that the Town of Saratoga pay invoice number 14-04 in the amount of $4,000 from account A 7150.4 Special Recreational payable to Lakes to Locks Passage, Inc., 814 Bridge Road, Crown Point, NY 12928.

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0.

Resolution #04-139 was introduced by Councilman Fred Drumm and seconded by Councilman Charles Hanehan.

WHEREAS, the Town of Saratoga has agreed to administer the Heritage NY Grant and reimbursement will be applied for, and

WHEREAS, documentation has been provided to verify supplies purchased and hours worked on the Schuylerville Visitors Center exhibit, invoice #2440 for $3,004.00, therefore be it

RESOLVED, that the Town of Saratoga pay invoice #2440 in the amount of $3,004.00 to Wayland Design, 100 Main Street, Delhi, NY 13753 from account # A 7110.4 Parks.

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0.

Supervisor Thomas Wood explained that Saratoga County has been trying to improve the County wide communication system with a three-radio tower system in the northern part of the county.� The Adirondack Park Agency has opposed the placement of the towers in the Adirondack Park.�� It has been proven that it is essential for public safety.� The county has asked for support from all the Towns within the county along with the Fire Departments and Rescue Squads.

Resolution #04-140 was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm.

WHEREAS, prompt approval is important for the protection of human lives and property, therefore be it,

RESOLVED, that the town board of the Town of Saratoga supports Application # 2001-245 to Saratoga County for the construction of three radio towers inside the Adirondack Park at Mt. Anthony in the Town of Hadley, Fraker Mountain in Edinburg, and Lakeview in Day.

Resolution #04-142 was introduced by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan.

WHEREAS, the Lakes to Locks Passage has been working closely with the Town of Saratoga�s Historian in developing a �Commemorate 250^th Anniversary of the French and Indian Wars Trail�, and

WHEREAS, they are preparing a grant application to the National Scenic Byways Program to provide funds for marketing the Lakes to Locks Passage focused on this important anniversary; and

WHEREAS, one of the communities along the trail is the Town of Saratoga, and this grant application includes improvements for visitors along the byway in our community; and

WHEREAS, the Town of Saratoga is willing to provide a local match of $500 of in-kind services for the grant through research by the Historian and installation of media; and

WHEREAS, the Town of Saratoga is willing to provide locations and coordination for distribution of material about the trail; therefore be it

RESOLVED, that the Town of Saratoga is supportive of this grant application and pledges to be active in the partnership that will develop the �Commemorate 250^th

Anniversary of the French and Indian Wars Trail�.

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0.

Resolution #04-143 was introduced by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin.

WHEREAS, the Town Board of the Town of Saratoga recognizes the advantages of having a Broker to represent the town and its employees when MVP Health Plan concerns arise; and

WHEREAS, there is no additional cost to the town or the insured; therefore be it

RESOLVED, that the Town Board of the Town of Saratoga names the Adirondack Trust Insurance Agency as the Broker of Record for the MVP Health Plan Account.

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0.

Resolution #04-144 was introduced by Councilman Charles Hanehan and seconded by Councilman Fred Drumm.

RESOLVED, by the Town Board of the Town of Saratoga to transfer $3.00 from the Contingency Account # A1990.4 to Account # A1330.4 Tax Collection, to cover the additional expenses for postage. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � absent, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 4� 0. (The full text of this resolution is on file in the Resolution Book in the Town Clerk�s office.)

Communications: None.

Privilege of the floor:

Justice David Mathis addressed the board explaining the Court Internship Program.� He explained that there are presently three interns who are sponsored by their schools and come for one semester.� Lindsey Humiston is from Schuylerville Central School, Lori Marchland from Greenwich High School and Samantha Squires from Adirondack Community College.� The internship will familiarize them with the workings of the court system by working closely with the court clerks in their administrative duties and during the court sessions.� It is beneficial to all and of no cost to the town.� He thanked the board for their support of the program.� Justice David Mathis also explained that one more intern, Christina Campana from Skidmore College, just started and will be working with Justice Jack Ditch learning the social work aspect of the court system. Supervisor Thomas Wood commended Justice David Mathis and Justice Jack Ditch for taking the initiative to get the program started and for recognizing the positive aspects of the program.��

Geraldine Friedman asked where the County is proposing the three radio towers within the Adirondack Park.� Supervisor Thomas Wood stated at Mt. Anthony in the Town of Hadley, Fraker Mountain in Edinburg, and Lakeview in Day.� She also asked the amount of the grant being applied for to �Commemorate the 250^th Anniversary of the French and Indian Wars Trail�.� The grant amount is $1,900.

Dan Craine asked the board to keep the following goals in mind as outlined in the 2002 Comprehensive Plan when considering the proposed Saratoga Country Inn, Planned Unit Development and if it is compatible with them:

1) Encourage land uses that meet the needs of the population.

2) Manage growth in a manner consistent with the desires of the residents.

3) Preserve the rural character of the Town.

4) Preserve the existing level of agricultural land use and where possible enhance complimentary uses.

5) Shape future development to match the existing character of the town.

Justice David Mathis spoke regarding a project that he has been involved in for a few months. He wanted the Town Board to be aware of what he is doing downstairs with video cameras.� He has been videotaping our senior citizens at the senior luncheons in the Town Hall as they reminisce on how the town and villages have changed and progressed over the years.� He then turns the tape over to Town Historian Sean Kelleher.�

The next agenda meeting will be Thursday, January 6, 2005 and the regular board meeting will be Monday, January 10, 2005 at 7:00 p.m. (Organizational Meeting)

Councilman Bruce Cornell arrived at 8:00 p.m.

Audit the Bills: Per abstract 12/13/2004 (12G): General A $16,128.88, General B $766.04, Youth $0, Building Reserve $503.75 (12H): Highway Outside $30,669.75, for a total expense of $48,068.42.

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A motion to adjourn was made by Councilman Charles Hanehan at 8:18 p.m. and Councilman Bruce Cornell seconded it. Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Michael McLoughlin � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.

Respectfully Submitted,

Ruth Drumm, Town Clerk

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