ORGANIZATIONAL MEETING OF THE TOWN BOARD
OF THE TOWN OF SARATOGA, 12 SPRING ST.,
January 12, 2009
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:00 p.m.
Roll call: Ruth Drumm, Town Clerk, called the roll. Supervisor Thomas Wood- present, Councilman Fred Drumm - present, Councilman Charles Hanehan- present, Councilwoman Betty Koval - present, and Councilman Michael McLoughlin – present.
Also present: Deputy Town Clerk Linda McCabe, Town Attorney William Reynolds, Zoning Officer Gil Albert, Justice Jack Ditch, Tax Collector Jim Gorham, and other interested persons.
Recognitions/Presentations/ Bid openings/ Public Hearings:
Supervisor Thomas Wood reviewed Local Law #2 of 2009 a Cold War Veteran’s Exemption. Proof of advertisement in the Saratogian having been furnished, he opened the public hearing at 7:06 p.m.
Geraldine Freedman inquired what years the Cold War Period covered. Supervisor Thomas Wood responded September 2, 1945 – December 26, 1991.
Stephen Bodnar spoke in support of the adoption of the exemption.
All persons wishing to speak having done so, Supervisor Thomas Wood made a motion seconded by Councilman Charles Hanehan to close the public hearing at 7:08 p.m. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
Supervisor Thomas Wood reviewed Local Law #3 of 2009 a Zoning Amendment that would allow for the storage and repair of general construction equipment along with related office space as a special permitted use in the Rural District. He added that the planning board gave the proposed amendment a positive recommendation. Proof of advertisement in the Saratogian having been furnished he opened the public hearing at 7:10 p.m.
Geraldine Freedman asked for clarification on the proposed uses in the amendment.
All persons wishing to speak having done so, Supervisor Thomas Wood made a motion seconded by Councilman Fred Drumm to close the public hearing at 7:11 p.m. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
On a motion by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin the following Resolutions #09-01 through #09-32 - Organizational Appointments were adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
Resolution #09-01, setting the “Rules of the Board”.
WHEREAS §63 of the Town Law provides that the Town Board may determine the rules of its procedures;
NOW, THEREFORE, BE IT RESOLVED that the following Rules of Order be and the same are hereby adopted pursuant to §63 of the Town Law:
RULES OF ORDER OF THE TOWN BOARD OF THE TOWN OF SARATOGA
v Resolution #09-02 setting the meeting time and place for Town Board meetings as the 2nd Monday of the month, at 7:00 p.m. at the Town Hall, 30 Ferry Street, Schuylerville.
v Resolution # 09-03 designating the Glens Falls National Bank & Trust Company
v as the official bank depository.
v Resolution # 09-04 designating The Saratogian as the official newspaper for the Town.
v Resolution # 09-05 authorizing the Supervisor to invest idle cash balances.
v Resolution # 09-06 authorizing the Supervisor to submit claims for state aid for youth recreation programs.
v Resolution # 09-07 authorizing the Supervisor to execute & pay contracts & annual appropriations as provided in the budget.
v Resolution # 09-08 approving the salaries & highway scale of wages and additional benefits as set forth in the 2009 budget.
v Resolution # 09-09 appointing the Supervisor as health insurance administrator.
v Resolution # 09-10 - authorizing the Supervisor to pay bills of utility, fuel, gas, oil, credit card & any discounted bills without prior audit and providing that bills are presented at first available meeting for audit.
v Resolution # 09-11 - authorizing the Highway Superintendent to spend/purchase up to $3,000 without prior notice to town board.
v Resolution # 09-12 - appointing Ed Cross as Dog Control Officer.
v Resolution # 09-13 - authorizing the attendance of the following Town Officers at The Association of Town’s meeting, February 15 - 18, 2009: Councilman Charles Hanehan, Town Justice Jack Ditch, Town Justice David Mathis, Town Attorney William Reynolds, and Bookkeeper Marge Wilbur.
v Resolution # 09-14 - appointing Councilman Charles Hanehan as delegate to the Association of Towns’ meeting.
v Resolution # 09-15 setting the mileage rate for actual town business at 55 cents.
v Resolution # 09-16 - setting the election inspector rates at $100 and machine custodians at $75 per machine for Special Elections.
v Resolution # 09-17 appointing William Reynolds as the Town Attorney.
v Resolution # 09-18 appointing the Building Inspector/Code Enforcement Officer as Gilman Albert.
v Resolution # 09-19 appointing Gilman Albert as the Fire Code Officer.
v Resolution # 09-20 appointing Ruth Drumm as the Registrar of Vital Statistics.
v Resolution # 09-21 appointing Linda McCabe as the Deputy Registrar of Vital Statistics.
v Resolution # 09-22 appointing Linda McCabe as the Clerk to the Planning Board & Zoning Board of Appeals.
v Resolution # 09-23 appointing Dr. Christopher Thomas as the Health Officer.
v Resolution #09-24 appointing Kenneth Martin as the Town Engineer.
v Resolution #09-25 appointing Bernie Wood as Uniform Court Officer.
v Resolution #09-26 appointing Susan Hughes as Clerk part-time.
v Resolution #09-27 authorizing Blanket Official Undertaking for Town Officers as follows:
WHEREAS, certain Town Officers are required to execute and file undertakings by reason of certain provisions of the Town Law, and
WHEREAS, Public Officers Law §11 allows for the substitution of a blanket undertaking for such individual undertakings; and
WHEREAS, the Town of Saratoga has in effect a blanket undertaking for all Town Officers required by law to execute and file undertakings, and
WHEREAS, said blanket undertaking provides coverage for the failure of said officers to faithfully perform their duties or to account for all moneys or property received by them by virtue of their positions, and for their fraudulent or dishonest acts; and
WHEREAS, Public Officers Law §11 requires this Board to approve blanket undertaking as to form and sufficiency of coverage, now, therefore be it
RESOLVED, that the Town Board hereby approves Employee Dishonesty Policy #S - 1679093 issued by Selective Ins. Co. of New York to the Town of Saratoga as a blanket undertaking for all Town Officers required to execute and file undertakings including but not limited to the Supervisor, Town Clerk, Tax Collector, Justices, and Superintendent of Highways, and be it further
RESOLVED, that the blanket undertaking shall have $20,000.00 (Twenty Thousand) coverage per officer with excess indemnity on the Tax Collector in the amount of $1,000,000.00 (one million), the Supervisor in the amount of $50,000.00 (Fifty Thousand) and shall provide employee dishonesty coverage and faithful performance of duty coverage for said officers as required by Public Officers Law § 11, with an appropriate deductible established at the time of the purchase of the policy in accordance with the usual practice of the Town, and be it further
RESOLVED, that a certified copy of this Resolution be attached to said blanket undertaking and a copy thereof be filed in the Office of the Town Clerk.
Zoning Board of Appeals – 5 year terms – appointed
v Resolution #09-28 reappointing John Deyoe as Alternate to the Zoning Board of Appeals for the term of 1/1/09 – 12/31/13.
Planning Board – 7 year terms – appointed
v Resolution #09-29 reappointing Robert J. McConnell to the Planning Board for the term of 1/1/09 – 12/31/15.
v Resolution #09-30 reappointing Robert E. Park to the Planning Board for the term of 1/1/09 – 12/31/15.
v Resolution #09-31 reappointing Jennifer Koval to the Planning Board for the term of 1/1/09 – 12/31/15.
v Resolution #09-32 reappointing Joseph Lewandowski as Alternate to the Planning Board for the term of 1/1/09 – 12/31/15.
Supervisor Thomas Wood made the following appointments:
v Insurance Committee: Supervisor Thomas Wood and Councilwoman Betty Koval
The following appointments were made by elected officials and read by Supervisor Thomas Wood:
v Town Clerk Ruth Drumm appoints Linda McCabe as Deputy Town Clerk.
v Town Justice David Mathis and Town Justice Jack Ditch appoint Teri Meidenbauer and Bonnie Williams as Court Clerks.
Approval of Minutes: A motion was made by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan to accept the minutes of the December 8th regular meeting and the December 30th special year-end meeting as written.
Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
Town Clerk’s report for December 2008: Fees paid to the County Treasurer for Dog Licenses $35.90. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $6.00. Fees paid to New York D.E.C. for hunting and fishing licenses $106.19. Fees paid to the New York State Health Department for Marriage licenses $0. Dog license fees to Supervisor Thomas Wood $97.10. Clerk fees to Supervisor Thomas Wood $14.81. Total State, County, and Local Revenues received were $260.00.
Zoning Officer’s report: Gil Albert read his December 2008 report: 3 Building Permits, 13 Building Inspections, 3 Certificates of Occupancy, 0 Fire inspections, and 3 misc. appointments. A check for $1,211.50 was given to Supervisor Thomas Wood.
Dog Control officer’s report for December 2008: The report was read by Supervisor Thomas Wood: answered 19 complaints, took 1 dog to the shelter, 0 bite cases, traveled 120 miles, issued 9 warnings and 2 summonses were issued.
Town Court report for December 2008: The following were closed: 210 Vehicle & Traffic, 16 Criminal/Penal Law, 7 DEC/ENCON, 2 Dog cases, 0 DWIs, 0 Town & Village Ordinance, 1 Small Claim/Civil, 2 Evictions, 0 Bench trials, 2 (case transfer) Divestiture Forms sent to County Court, 10 attended the Science of Speed School, 0 Defendants sentenced to probation, 5 hours of community service issued, 7 days of jail time issued, 0 Orders of Protection issued, and $9,425.50 in fees were paid to the NY State Comptroller.
Tax Collector’s report: Tax Collector Jim Gorham reported for January 1, 2009 through January 12, 2009. He collected $349,765.68 on 440 parcels.
Historian’s report: Sean Kelleher submitted the following report:
· Office Move – The Historian’s office and the historical archival records from Ferry Street to the new Town Hall on 12/19. This took about 14 hours to pack up the office/records and about 6 hours to move.
· Historical archival records – the new records room is a big improvement over the past office. However, there is no monitoring of the environment (water, humidity and temperature) in the room to protect the records for the future. In the coming months, I hope to put together a grant with the Town and Village of Stillwater to apply for funding from the NYS Archives to improve our environmental monitoring so that we can better preserve our records for the future.
· We are working with a design and fabrication on the new historical display for the new building. In the next month, we will be working with the Old Saratoga Historical Association and with the Town’s grant from the NYS French and Indian War Commission on new historical displays.
· The Historian’s office is working on a display for building lobby as part of the performance of General George Washington’s favorite comedic opera called The Poor Soldier at Saratoga Town Hall on Friday, January 16th at 7pm.
· We started to work with the Saratoga Healthy Transportation Network-Bike Tourism Subcommittee to develop bike tours of the Town of Saratoga.
Assessor’s report: Supervisor Thomas Wood reported for Assessor Victoria Hayner that the exemption forms are available and are due back by March 1st. He noted that the assessor’s office is open Monday through Thursday from 9:00 a.m. to 1:00 p.m. and after hours by appointment.
Goals for 2009
1. To keep town taxes as low as possible, to closely monitor all town expenditures and strive to have no additional tax increases in the upcoming years.
2. To complete the final details of the transition to the new building and conduct an open house for the town residents.
3. To sell the old town hall and generate the greatest revenue possible for the town while maintaining the best public interest use of the property and maintaining the historical integrity of the land.
4. To rent all excess town property and generate the maximum revenue for the town
5. To make significant progress in the development of Schuyler Park with the goal of having the town park usable by town residents by the spring of 2010.
Supervisor Thomas Wood reported that the December 2008 sales tax received was $82,916.
SUPERVISOR’S REPORT 2008
GENERAL FUND – TOWNWIDE (A FUND)
Balance on hand January 1 $ 745,022.01
Revenues + 885,106.67
Disbursements - 842,549.66
Balance December 31 $ 787,579.02
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
Balance on hand. January 1 $ 106,155.29
Revenues + 248,844.51
Disbursements - 178,596.44
Balance December 31 $ 176,403.36
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
Balance on hand January 1 $ 425,602.98
Balance December 31 $ 651,124.45
YOUTH RECREATION & SERVICE December 31 $1,361.01
HIGHWAY EQUIPMENT RESERVE December 31 $ 906.87
BUILDING RESERVE December 31 $ 143,700.21
PARKS December 31 $ 53,670.58
RISK December 31 $ 29,126.75
SCENIC BY WAYS GRANT $ 308.13
Highway Superintendent’s report: No report. Supervisor Thomas Wood noted that they have been very busy keeping the roads clear this winter.
Public comments on agenda items: No one came forward.
Landfill: The report from Phoenix Environmental Laboratories was given to Town Engineer Kenneth Martin for his review. There were no issues identified.
Insurance: No report.
Youth: No report.
The Schuylerville Senior Citizens’ regular meetings will resume this month, January 13th and 27th. Their meetings are now being held at the new town hall, 12 Spring Street.
NIMS: Emergency Coordinator Jim Miers reported that we came through the ice storm fairly well. He stated that he met with FEMA representatives on December 30th to give them a preliminary damage assessment. The project officer will contact us this week to finalize the expenses incurred at the shelters, and with the highway department to determine the amount of reimbursement we are eligible for. They are also assessing the damage to trees etc. at the historical Fort Hardy Park.
Special Need Forms are being distributed and the information will be compiled so that extra attention can be given to those with special needs during emergencies.
The Red Cross has provided the town with comfort kits, cots and blankets for use at our emergency shelter.
A new round of grants for the creation and upkeep of Emergency Centers are available and Jim Miers stated he will look into applying for them.
GSES, QSFD, SLPID/SLA Reports:
Quaker Springs Fire Department: Stephen Bodnar addressed the board. He reported that the fire department responded to 40 calls in December 2008. They responded to 136 calls in 2008. In the district election, Martin Hanehan was re-elected for a five year term as a fire commissioner and Anne Crandall was re-elected district treasurer for three years. The board approved new fire department officers for 2009. We have one new firefighter, one new Jr. firefighter, and one new Explorer. The Explorer group will be building barricades to be used when we need to close roads due to downed power lines or trees. Twenty-seven firefighters earned LOSAP points for 2008. The fire house was open as a shelter because of power outages during the ice storm. The stand pipe at Hanehan Dairy on County Road 67 is now working. We will have a National Grid school at the fire house on February 26th from 6 p.m. – 10 p.m. We have at least 7 members attending the MACBoston fire training school in South Glens Falls on February 21st from 9 a.m. – 4:00 p.m.
Old business: None.
On a motion by Councilman Fred Drumm and seconded by Councilman Charles Hanehan the following Resolution #09-33 Adoption of Local Law #1 of 2009 – Brown Road PUD was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
WHEREAS, the Town Board and the Planning Board of the Town of Saratoga has reviewed the Brown Road PUD application and acknowledges its merits for the town; and
WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople; now therefore be it
RESOLVED, by the Town Board of the Town of Saratoga to adopt Local Law #1 of 2009, adding Article X-B, the Brown Road PUD District to the Zoning Ordinance.
LOCAL LAW #1 OF 2009
PLANNED UNIT DEVELOPMENT DISTRICT
Section 1 – Title
This local law shall be known as Local Law #1 of 2009 of the Town of Saratoga and amends the Town of Saratoga Zoning Ordinance to provide for the creation of a Planned Unit Development District to be known as “Brown Road PUD”.
Section 2 – Intent & Purpose
The purpose and intent of the Brown Road PUD is to preserve the natural and scenic qualities of the area to be rezoned by allowing a flexible and comprehensive design process. The Town of Saratoga as a “Right to Farm” Town seeks to maintain and preserve the rural tradition and character of the town by encouraging new agricultural pursuits and by protecting the rights of existing agricultural businesses to continue to conduct sound agricultural practices. The lands of the Brown Road PUD are within Saratoga County Consolidated Agriculture District #1 and as such, agricultural activities are afforded special protection pursuant to Article 25 AA of the NYS Agriculture & Markets Law. The purpose of this section is to reinforce and provide notice that the provisions of both the Town of Saratoga Right to Farm Law and Article 25 AA are applicable to the future activities of the PUD and those of surrounding properties. The owner and his or her assigns are hereby notified that “sound agricultural practices”, on any land in an agricultural district created pursuant to Article 25 AA shall not constitute a private nuisance. Any future subdivision and/or sale of lands within the PUD are subject to the following Agricultural Disclosure Statement, which language shall be included in any conveyance of land within this PUD including time share type conveyances.
“It is the policy of the state and this community to conserve, protect, and encourage the development and improvement of Agricultural land for the production of food, and other products and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within the Saratoga County Consolidated Agricultural District #1, and that farming activities occur within the district. Such farming activities may include but not be limited to activities that cause noise, dust and odors”.
Section 3 – Area Rezoned
A) The Town of Saratoga Zoning Ordinance and the zoning map of the Town of Saratoga are hereby amended by changing the area described in Subdivision B (below) from the existing zoning districts, and creating within the boundaries of said described area the Brown Road PUD District.
B) The area of the Planned Unit Development District consists of 85 +/- acres in the Town of Saratoga and is bounded and described as set forth in Appendix A, attached hereto and made a part hereof.
Section 4 – Development Areas
A) The Brown Road PUD will consist of 2 areas. A development plan of the PUD is illustrated and attached as Appendix B. The first area (Area A) will consist of 14 +/- acres and will be developed to include two single-family dwellings on the west side of Brown Road.
B) Area B will consist of 70 +/- acres and will consist of 14 single-family dwellings.
Section 5 – Development Requirements and Construction Specifications
A) There shall be no further development or subdivision of this development district. This restriction shall be included in any future deed conveyance of this area.
B) Attached hereto as Appendix C is a building summary table for the improvements to be located within the PUD. Subject to final approval of the construction plans by the Saratoga Town Planning Board, the listed uses, maximum sizes, and number of units shall not exceed those set forth in this appendix.
C) All private access roads and driveways connecting the development areas to Brown Road and within the development areas shall be subject to the following standards:
A driveway over five hundred (500) feet in length must be accessible and able to hold a fifty-thousand (50,000) pound, thirty (30) foot long vehicle as determined by a licensed engineer, with facilities for turning around to be available within one-hundred (100) feet of any structure. A driveway over five hundred (500) feet in length must have a minimum width of sixteen (16) feet and minimum vertical clearance of fifteen (15) feet.
It is understood that the private access roads connecting to Brown Road will be subject to issuance of a permit from the Town of Saratoga Highway Superintendent. There will be a maximum of six private access road points on Brown Road.
D) Final construction plans for this PUD are subject to further review and determination by the Saratoga Town Planning Board utilizing the requirements set forth in this local law together with the criteria for special permit review as contained in Article VIII of the Zoning Ordinance. The Planning Board is further authorized as part of its final review to conduct an architectural review so as to insure that exterior materials, colors and general architectural design of all buildings is compatible with the surrounding neighborhood and the overall character of this district. Such review and approval process by the Planning Board should be completed within ninety (90) days of the enactment of this local law, unless extended or adjourned with the consent of the developer.
E) Construction and development within the PUD shall be subject to the architectural guidelines attached hereto as Appendix D. The Saratoga Town Planning Board is given the authority to enforce and interpret these architectural guidelines as part of its further site plan review.
F) All utilities shall be underground.
G) Any future deeds or conveyances of any of the lands contained within this Planned Unit Development District shall contain a specific reference to this local law.
H) Individual lot sizes shall be a minimum of 10,000 square feet and a maximum of 40,000 square feet, subject to review and approval by the Saratoga Town Planning Board. The developer shall furnish to the Planning Board an Open Space/Land Management Plan and Homeowner’s Association Agreement, which documents shall be subject to approval of the Town Engineer and Town Attorney. All private roads, driveways, paths and all open spaces shall remain in private ownership of the Homeowner’s Association in perpetuity.
I) Each dwelling unit within the PUD shall be serviced by its own individual well and septic system.
J) The report of the Saratoga Town Planning Board to the Town Board, attached hereto as Appendix E is hereby incorporated and made a part hereof. The PUD shall be subject to all recommendations and requirements contained in this report.
K) The Town Board has identified a potential environmental impact of the PUD as concerns storm water runoff from proposed Lots 15 and 16. To mitigate any such impact, there will be an extended storm water detention basin constructed. The plan for this construction shall be subject to review and approval by the Planning Board.
Section 6 – Plans and Construction Inspection
All final construction plans shall be certified by a licensed architect or engineer. All construction shall be subject to inspection by the Town of Saratoga Building Inspector or Town Engineer.
Section 7 - Revocation
This PUD is subject to Article X, Section 3(J) of the Zoning Ordinance which provides for a revocation of approval and reversion of the zoning of this PUD if construction work on the proposed development has not begun within two years. In accordance with the aforesaid provision of the Zoning Ordinance, all construction work in this PUD must be completed within eighteen (18) months of issuance of the first building permit.
Section 8 – Payment in Lieu of Parkland Fee
The Town Board hereby finds that there is both a present and anticipated future need for public park and recreational facilities within the Town, and further that a suitable park of adequate size and need cannot be located on this PUD. Accordingly, the Town Board assesses a payment in lieu of parkland fee in the amount of $500.00 per residential dwelling unit. Such fees shall be paid at the time a building permit is issued for construction.
Section 9 - Infrastructure Water, Sewer, Stormwater Management
All land uses allowed by this local law are contingent upon the applicant’s ability to provide an adequate potable water supply and sanitary sewage treatment services in accordance with NYS Department of Health regulations and Town of Saratoga regulations as applicable. All stormwater management systems shall be designed in accordance with and meet the standards of the EPA Phase II Stormwater Management Program including the filing of an NOI with NYSDEC and the preparation of a Stormwater Pollution Prevention Plan (SWPPP). All such water, sewer and stormwater management issues shall be reviewed and approved by the Town of Saratoga Planning Board during the final approval phase.
Section 10 – Performance, Bonds or Letters of Credit
Prior to the issuance of any building permit or commencement of any construction, the developer shall file a performance bond or letter of credit with the Town Supervisor in the amounts and for the time periods required by the Town Planning Board, and acceptable as to amount and form to the Town Supervisor, Town Engineer and Town Attorney to guarantee such performance and/or completion of the requirements of this Planned Unit Development District as to the following matters:
a) all roads and driveways constructed within the PUD, and
b) the stormwater management system.
Section 11 – SEQR
The Saratoga Town Board, as lead agency for this project pursuant to the State Environmental Quality Review Act, has adopted a Negative Declaration and Declaration of Non-Significance concerning this project, a copy of which is annexed hereto and made a part hereof and designated as Appendix F. The developer agrees to comply with all of the mitigating measures which are a part thereof, if any, at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.
Section 12 – Amendment and Severability
This local law may be amended in accordance with the procedures contained in the Town of Saratoga Zoning Ordinance. It is understood that the development approved herein is based on the present application which has been given preliminary approval by the Town of Saratoga Planning Board, and that any substantive change in the approved land use would be subject to a local law amendment. If any section of this local law shall be held invalid by a court or tribunal having jurisdiction thereof, such determination shall not affect the validity of the local law as a whole other than the part so declared to be invalid.
On a motion by Councilman Michael McLoughlin and seconded by Councilwoman Betty Koval the following Resolution #09-34 Adoption of Cold War Veterans Exemption – Local Law #2 of 2009 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
WHEREAS, the Town Board of the Town of Saratoga acknowledges the need to offer a partial tax exemption for residential real property owned by certain persons who Rendered Military Service to the United States during the Cold War Period September 2, 1945 – December 26, 1991; and
WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople: now therefore be it
RESOLVED, by the Town Board of the Town of Saratoga to adopt the proposed Local Law #2 of the year 2009 as stated in the attached Law.
LOCAL LAW NO. 2 OF 2009
A LOCAL LAW AUTHORIZING A PARTIAL TAX EXEMPTION
FOR REAL PROPERTY TAXES FOR REAL PROPERTY
OWNED BY PERSONS WHO RENDERED MILITARY SERVICE
TO THE UNITED STATES DURING THE COLD WAR PERIOD
SEPTEMBER 2, 1945 - DECEMBER 26, 1991
Be it enacted by the Town Board of the Town of Saratoga, Saratoga County, New York, as follows:
Section 1. Title and Authority.
This local law shall be known as the “Local Law Authorizing a Partial Tax Exemption for Real Property Taxes for Real Property Owned by Persons who Rendered Military Service
to the United States during the Cold War Period September 2, 1945 - December 26, 1991”. It is adopted pursuant to the authority of Article 2, Article 3 and Article 10 of the New York State Municipal Home Rule Law.
Section 2. Purpose.
The purpose of the local law is to grant a partial exemption from real property taxation to the extent of fifteen percent (15%) of the assessed value up to Twelve Thousand and no/100 Dollars ($12,000.00) of assessed value of qualified residential real property which is owned by a Cold War veteran who is a qualified owner, or in the case of a Cold War veteran who is a qualified owner and who received a compensation rating from the United States Veteran’s Administration or from the United States Department of Defense because of a service related disability, to the extent of the product of the assessed value of such qualified residential real property multiplied by fifty percent (50%) of the Cold War veteran’s disability rating up to an assessed valuation of Forty Thousand and no/100 Dollars ($40,000.00) of assessed value, in accordance with the requirements of Section 458-b of the Real Property Tax Law.
Section 3. Meanings.
As used in this Local Law, the following terms and phrases shall have the following meanings:
(a) “Cold War veteran” means a person, male or female, who served on active duty in the United States armed forces, during the term period from September 2, 1945 to December 26, 1991, and was discharged or released there from under honorable conditions.
(b) “Armed forces” means the United States army, navy, marine corps, air force, and coast guard.
(c) “Active duty” means full-time duty in the United States armed forces, other than active duty for training.
(d) “Service connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated in line of duty on active military, naval or air service.
(e) “Qualified owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse as entitled.
(f) “Qualified residential real property” means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran, unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization.
(g) “Latest state equalization rate” means the latest final equalization rate established by the state board pursuant to article twelve of the Real Property Tax Law.
Section 4. Qualified Residential Real Property owned by qualified owners who are Cold War veterans shall be exempt from county real property taxes to the extent as follows:
(a) to the extent of fifteen percent (15%) of the assessed value of such qualified residential real property, provided, however, that such exemption shall not exceed twelve thousand dollars ($12,000.00) or the product of twelve thousand dollars ($12,000.00) multiplied by the latest state equalization rate of the assessing unit whichever is less;
(b) In addition to the exemption provided by paragraph (a) of this subdivision, where the Cold War veteran received a compensation rating from the United State Veteran Administration or from the United States Department of Defense because of a service connected disability, to the extent of the product of the assessed valuation of such qualified residential real property multiplied by fifty percent (50%) of the Cold War veteran’s disability rating, providing however, that such exemption shall not exceed forty thousand dollars ($40,000.00) or the product of forty thousand dollars ($40,000.00) multiplied by the latest state equalization rate, whichever is less.
Section 5. Exception. If a Cold War veteran has a real property tax exemption under Section 458 or Section 458-a of the Real Property Tax Law, such veteran shall not be eligible to receive this exemption.
Section 6. Duration. The exemption provided herein shall be granted for a period of ten years, the commencement of which is as follows:
(a) Where a qualified owner owns qualifying residential real property at the effective date of this Local Law, the ten year period shall be measured from the date of the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this Local Law.
(b) Where a qualified owner does not own qualifying residential real property on the effective date of this Local Law, such ten year period shall be measured from the date of the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of the qualifying residential real property.
(c) If exempt property is sold before the expiration of such ten year period and replaced by other qualified residential real property, an exemption may be granted for such property for the unexpired portion of the ten year exemption period.
Section 7. Application for the exemption shall be made by the qualified owner on a form prescribed by the state board. The owner shall file the completed form in the local assessor’s office on or before the appropriate taxable status date.
Section 8. Effective Date. This Local Law shall take effect immediately.
On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm the following Resolution #09-35 Lead Agency – Local Law #3 of 2009 Zoning Amendment was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
WHEREAS, the town board of the Town of Saratoga, NY, desires to amend the Zoning Law of the Town of Saratoga by adding the storage and repair of general construction equipment as a special permitted use in the Rural District, and
WHEREAS, said project is an Action subject to the provisions of the New York State Environmental Quality Review Act (SEQR) and the regulations promulgated to implement said Environmental Quality Review Act, and
WHEREAS, the provisions of SEQR require the designation of a “Lead Agency” to determine the environmental significance of the Action, and
WHEREAS, this agency wishes to function as “Lead Agency” in this matter, and
WHEREAS, this agency has complied with the provisions of SEQR pertaining to “Lead Agency” designation, now, therefore, be it
RESOLVED, that this agency be and is the same hereby designated the “Lead Agency” for the purpose of conducting the SEQR review of this project.
Supervisor Thomas Wood explained that the SEQR review by the town board on the Zoning Amendment was done at the agenda meeting last Thursday. On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #09-36 Negative Declaration – Local Law #3 of 2009 Zoning Amendment was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
WHEREAS, the Town Board of the Town of Saratoga, Saratoga County, New York (the "Town") is considering enacting a certain amendment to the Zoning Ordinance of the Town of Saratoga (the “Action”); and
WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-b of the Consolidated Laws of New York, as amended (the "SEQR Act") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York ("DEC"), being 6 NYCRR Part 617, as amended (the "Regulations"), the Town Board as lead agency desires to determine whether this Action may have a significant effect on the environment and therefore require the preparation of an environmental impact statement; and
WHEREAS, there has been prepared a full environmental assessment form for the Project (the "EAF"), a copy of which was presented to and reviewed by the Town at this meeting and a copy of which is on file in the office of the Town Clerk; and
WHEREAS, pursuant to the Regulations, the Town has examined the EAF in order to make a determination as to the potential environmental significance of Action; and
WHEREAS, the Action appears to constitute a "Type I Action" (as defined by the Regulations);
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SARATOGA, SARATOGA COUNTY, NEW YORK AS FOLLOWS:
1. Based on an examination of the EAF and based further upon the Town's knowledge of the area and such further investigation of the proposed zoning amendment and its environmental effects as the Town has deemed appropriate, the Town makes the following findings:
(a) The zoning amendment is described in the EAF;
(b) The Action constitutes a "Type 1 Action" (as defined in the Regulations);
(c) No potentially significant effect on the environment is noted in the EAF for this Action, and none are known to the Town;
(d) This Action will not have a significant effect on the environment; and the Town will not require the preparation of an environmental impact statement with respect to the Action; and
(e) As a result of the foregoing, the Town has prepared a negative declaration with respect to the Action.
2. The Town Clerk is hereby directed to file a negative declaration with respect to the Action (said negative declaration attached hereto); and a copy of the negative declaration shall be maintained in the office of the Town Clerk in a file that will be readily accessible to the public.
3. This resolution shall take effect immediately.
Resolution Adopted by the Following Vote: Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, Councilman Michael McLoughlin – aye Carried 5– 0
State Environmental Quality Review
Notice of Determination of Non-Significance
Project Number: 3 Date: January 12 ,2009
This notice is issued pursuant to a Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Saratoga Town Board as lead agency has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared.
Name of Action: Enactment of Local Law Amending Town of Saratoga Zoning Ordinance
SEQR Status: Type 1 X
Conditioned Negative Declaration: ___Yes
Description of Action:
Enactment of Local Law amending Town of Saratoga Zoning Ordinance by adding the storage and repair of general construction equipment as a special permitted use in the Rural District.
Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Town of Saratoga
Reasons Supporting This Declaration:
(See 617.7(a)-(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)
There are no potentially significant effects on the environment noted in the EAF for this action, and none are known to the Town. The action will not have a significant effect on the environment.
On a motion by Councilman Fred Drumm and seconded by Councilman Michael McLoughlin the following Resolution #09-37 Adoption of Local Law #3 of 2009 Zoning Amendment was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
WHEREAS, the Town Board has recognized the need to amend the zoning ordinance to allow for the storage and repair of general construction equipment as a special permitted use in the rural district; and
WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople; now therefore be it
RESOLVED, by the Town Board of the Town of Saratoga to adopt Local Law #3 of 2009, amending the zoning ordinance to allow for the storage and repair of general construction equipment as a special permitted use in the rural district.
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
Town of Saratoga
Local Law No. 3 of the year 2009
A local law amending the Zoning Ordinance of the Town of Saratoga (LL #1 of 1981) by adding the storage and repair of general construction equipment as a special permitted use in the Rural District.
Be it enacted by the Town Board of the
(Name of Legislative Body)
Town of Saratoga as follows:
Local Law No. 1 of 1981 of the Town of Saratoga, the Zoning Ordinance, is hereby amended in the following respects:
SECTION 1 – STORAGE AND REPAIR OF HEAVY EQUIPMENT:
Section 400-34(B) is hereby amended as follows:
MINIMUM YARD DIMENSIONS IN FEET OF THE PRINCIPAL BLDG.
Requiring Special Permit
v. Storage and Repair of General Construction Equipment
ONE SIDE YARD
COVERAGE OF BLDGS.
Appendix A is hereby amended by adding a new definition as follows:
STORAGE AND REPAIR OF GENERAL CONSTRUCTION EQUIPMENT - An area of land, including buildings, that is used for the storage, maintenance and repair of general construction equipment, machinery and construction vehicles, including related office space.
SECTION 2 – EFFECTIVE DATE
This law shall be effective immediately.
On a motion by Councilman Fred Drumm and seconded by Councilman Michael McLoughlin the following Resolution #09-38 Transfer of Funds - Attorney
was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
RESOLVED, by the Town Board of the Town of Saratoga to transfer $30,000 from Attorney A1420.1 to Attorney A1420.4.
v The free performance of “The Poor Soldier” is open to the public Friday, January 16th at 7:00 p.m. at the Saratoga Town Hall. This is sponsored by the Saratoga –Washington on the Hudson Partnership and the Saratoga National Historical Park.
Privilege of the floor:
Wendy Lucas inquired about the Government Efficiency Grant that the villages and the town are considering applying for. Supervisor Thomas Wood replied that he has met with the LA Group and the village mayors and they have not decided which grant to go for yet.
Roger Sherman inquired if the town has any zoning regulations in place regarding outside wood burning furnaces. Zoning Officer Gil Albert responded that we do not. Roger Sherman suggested that the town consider placing regulations on outside wood burning furnaces.
v Agenda meeting – Thursday, February 5, 2009 at 7:00 p.m.
v Regular town board meeting – Monday, February 9, 2009 at 7:00 p.m.
Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm the following Resolution #09-39 Approving the payment of bills in Abstract 1G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.
RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of the bills listed in Abstract 1G (01/12/2009) in the following amounts: General A $20,923.12, General B $1,723.58, and Highway Outside DB $4,368.91 for a total expense of $27,015.61.
A motion to adjourn at 8:56 p.m. was made by Councilwoman Betty Koval and seconded by Councilman Michael McLoughlin. Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan - aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin - aye. Carried 5 – 0.