DRAFT COPY

REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 30 FERRY ST.,

SCHUYLERVILLE, NY

July 12, 2004

7:00 P.M.

 

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:05 p.m.

 

Roll call: Town Clerk Ruth Drumm called the roll.� Supervisor Thomas Wood- present, Councilman Bruce Cornell - present, Councilman Charles Hanehan- present, Councilman Michael McLoughlin � absent (excused due to a death in his family), and Councilman Fred Drumm- absent (arrived at 7:25 p.m.)

Also present: Highway Superintendent Grant Seymour, Deputy Town Clerk Linda McCabe, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Assessor/Bookkeeper Catherine DeFelice, Thompson Temple, Andrew Sheeran, Michele McClure, Walter Flanders, Jean Driscoll, Suzanne Sullivan, Dave and Lynda Teitelbaum, Kathleen Bartholomay, Stephen and JoAnn Goldblatt, Dan Craine, Kristi and Darren Carrara, Christopher Miller, Margaret Kirkpatrick, Anthony Holland, Roger Sherman, Geraldine Friedman, Becky DeWitt, and Bob McConnell.

 

Stacy Clifford, Special Assistant, and Mark Stuart, Assistant Counsel, of the NYS Racing and Wagering Board gave a presentation on the procedures and requirements of implementing and conducting Games of Chance in the Town of Saratoga.� Representatives of the Fish Creek Rod and Gun Club and the Quaker Springs Fire Department attended the presentation to learn of their obligations when applying for an ID number, license, and the rules for conducting Games of Chance.� It was noted that a Games of Chance Ordinance is being considered and that it requires a majority vote at a general or special election.�

 

Supervisor Thomas Wood explained that the proposed Local Laws #04-05 and #04-06, Zoning Amendments, were the result of many meetings resulting in eight revised drafts to the proposed amendments over the last few months with input from the County Planning Board.�

Proof of notice having been provided a Public Hearing on Local Law #5 of 2004 Zoning Amendments, regarding adding the definitions of Minor and Major Subdivisions and fee increases for Subdivisions due to increased costs to the town for advertising and other related costs was opened at 7:42 p.m. The following spoke against adopting the amendments: Robert Hathaway, Zoning Officer, spoke against the section regarding Payment in Lieu of Park Land Dedication, stating that it is unfair to charge only current new homes a park fee when all towns people would use a park.�

�(The full text of Local Law #04-05 is available for public viewing at the Town Clerk�s Office.)

 

Proof of notice having been provided a Public Hearing for Local Law #6 of 2004, Zoning Amendments to Local Law #1 of 1981, including addition of Planned Unit Developments, increases in Special Permit fees, adjustments to building heights, the number of required parking spaces for multi-family units, and corrections to remedy many other discrepancies and inconsistencies in the code, was opened at 7:49 p.m.

The following spoke regarding the amendments: Dan Craine, Burke Rd, asked what zoning districts the 30� building height limit pertained to.� It was explained by Supervisor Thomas Wood that in all except the Rural and Rural Residential Districts, keeping the limit in the areas of higher densities. Kathleen Bartholomay asked for clarification regarding building height in new construction versus repairs or restorations of existing homes.� It was explained by Supervisor Thomas Wood that if the building is being restored or repaired the existing height can be maintained but with new construction in the designated districts it must be no higher than 30� without a variance from the Zoning Board of Appeals.� Robert Hathaway, Zoning Officer, 345 County Rd.68, spoke against any change to the current Section 9 � Pre-existing lots.� He asked if Section 10 is just non-conforming uses and he was told yes.� Supervisor Thomas Wood added that the board cannot act tonight on the Zoning changes until the Saratoga County Planning Board has a chance to review the impacts at their meeting on July 15th.� He noted that the town board is reconsidering the change in Section 9, and may amend the law to remove that change at the Special Meeting planned for July 19, 2004.� Andrew Sheeran, County Road 69, asked for clarification on the set back of roadside stands and if it is measured from the middle of the road or from the side.� He was told it�s 25� from the County�s right of way.

Roger Sherman asked if the Local Laws are available for public review before the next meeting and he was told that they are available at the Town Clerk�s office.� It was also noted that these amendments do not affect the Village of Schuylerville or the Village of Victory.��

(The full text of Local Law #04-06 is available for public viewing at the Town Clerk�s Office.)

 

Approval of Minutes: A motion was made by Councilman Charles Hanehan and seconded by Councilman Fred Drumm to accept the minutes of June 14, 2004 as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye.� Carried 4� 0.�

 

Town Clerk�s report for June 2004: Fees paid to the County Treasurer for Dog Licenses $102.55. Dog license fees paid to the NYS Dept. of Agriculture and Markets $30.00. Fees paid to New York D.E.C. for hunting and fishing licenses $208.77. Fees paid to the New York State Health Department for Marriage licenses $22.50. Dog license fees to Supervisor Thomas Wood $278.95. Clerk fees to Supervisor Thomas Wood $351.73. Total State, County, and Local Revenues received were $994.50.

 

Zoning Officer�s report: June 2004: 17 Building Permits, 1 C.O., 18 Building inspections, and 2 Septic Permits were issued.� A check for $1,401.00 was given to Supervisor Thomas Wood.� Councilman Fred Drumm inquired about Fred Tupper�s Auto Sales on Route 29 where a large number of cars are parked along Route 29 in Grangerville.� Supervisor Thomas Wood replied that a site visit is being arranged with Fred Tupper, town officials, including Town Attorney, Bill Reynolds to help come to a remedy.� Supervisor Thomas Wood then made a motion at 8:10 p.m. to go into executive session to discuss possible litigation.� Councilman Fred Drumm seconded the motion. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye.� Carried 4� 0.� The regular meeting resumed at 8:18 p.m. with no board action taken regarding the Tattoo Parlor at 1164 Route 29.�

�

Supervisor�s report: Supervisor Thomas Wood presented June 2004 balances in Town funds as follows: General A $640,260.55 General B $131,366.12, Highway Outside $288,357.74, Youth Recreation & Services $6,819.05, Highway Equipment Reserve $77,906.29, Building Reserve $780,572.02 and Fire Protection $0.00.� June revenues were $81,399.44 and expenses were $93,236.23.� The total June balance is $1,925,281.77.

Supervisor Thomas Wood stated that he is continuing to have conversations with Joe Ritchey of the Saratoga County Public Works Department regarding the replacement of Bryant�s Bridge.� The County has offered to show us their preliminary designs of the new bridge, which will include walking lanes on each side of the bridge and the possibility of a parking area near the entrance to the bridge.�

Another issue that Supervisor Thomas Wood is investigating is the lowering of the Victory Hydro Plant�s assessment from $1.5 million to $120,000 resulting in an adverse impact on revenue for the Village of Victory and the Town of Saratoga. This has come about in part due to new laws regarding the state deregulation of that industry.

 

Supervisor Thomas Wood reminded the public that the Turning Point Parade is scheduled for August 1, 2004 and encouraged everyone to come and enjoy the parade.

 

Supervisor Thomas Wood stated that the Town Highway crew has moved the stage from Lock 5 to the Ft. Hardy Park beach area.� It was determined that because of PCB contamination at Lock 5 that it would need to be moved to another site.

 

Highway: Highway Superintendent Grant Seymour reported that they have started working on Burgoyne Road replacing culverts and starting the week of the 26th, they will reclaim the road using a pulverizer to chew it up getting it ready for repaving.� He informed the board that the new tractor is in and the mower will be attached. He will be checking on when the new truck will be coming.�

Supervisor Thomas Wood commended the Highway crew for their expertise in moving the stage and meeting the many challenges that we present them with and how they accomplish them with ease.

 

Landfill: A report from Hudson Environmental Services was read by Supervisor Thomas Wood regarding the testing of the groundwater at the Town of Saratoga�s landfill.� There were no unusual conditions found and all data collected was within acceptable limits.

 

Insurance: Supervisor Thomas Wood stated that he had received a letter from our agent notifying the town that insurance rates may go up as much as 10% or more.� A personal call followed from our agent who assured us that the increase would probably be closer to 2 or 3 %.�

 

Youth Committee report: Supervisor Thomas Wood reminded us that Family Fun Day is set for July 17, 2004 at Ft. Hardy Park.�

�

Buildings: No report.

 

Senior Citizens report: Councilman Bruce Cornell reported that the seniors are not set to meet again until September.

 

Park Committee report: Supervisor Thomas Wood reported that the committee is continuing to look into potential sites for a park, but have been unsuccessful so far.�

 

Cable TV Committee: Councilman Fred Drumm reported that we are waiting for Time Warner to send us the revised agreement.� Supervisor Thomas Wood asked Town Attorney Bill Reynolds if he has received the final draft of the agreement for final review and he replied that he has not.� Supervisor Thomas Wood stated that he will contact George Smead of Time Warner.

 

Old Business: None

 

New Business:

Supervisor Thomas Wood introduced Resolution #04-88 and this was seconded by Councilman Bruce Cornell:

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 work completed from May 1, 2004 through June 11, 2004, now therefore be it

Resolved, that the Town of Saratoga pay invoice number 16302 in the amount of $3,652.16 from account A 7150.4 Special Recreational payable to the LA Group, 40 Long Alley, Saratoga Springs, NY. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye.� Carried 4� 0.

 

Councilman Fred Drumm introduced Resolution #04-93 and this was 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 work completed on the Schuylerville Visitors Center exhibit, invoice #2425 for $3,393.75, therefore be it

RESOLVED, that the Town of Saratoga pay invoice #2425 in the amount of $3,393.75 to Wayland Design, 100 Main Street, Delhi, NY from account # A 7110.4 Parks. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye.� Carried 4� 0.

 

Resolution #04-89 was explained and then introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm designating the Town Board as the �Lead Agency� for the purpose of conducting an Environmental Review of the proposed amendment to the Town Zoning Ordinance to wit, addition of a new Article X, Planned Unit Developments.�

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

Resolution #04-90 was explained by Supervisor Thomas Wood regarding the review of the Environmental impacts of the Zoning Ordinance amendment, Planned Unit Developments, and then introduced by Councilman Charles Hanehan and seconded by Councilman Bruce Cornell as follows: WHEREAS, the �Lead Agency � has caused the appropriate and necessary forms and materials pertaining to its review of the project to be prepared, and��

WHEREAS, upon review of the information recorded on the project Environmental Assessment Forms and consideration of the magnitude and importance of each impact, the �Lead Agency� has reasonable determined that the proposed project will result in no major impacts and, therefore, is one which will not cause significant negative impact to the environment, now therefore be

Resolved, that this agency, as the designated �Lead Agency�, shall cause the preparation and filing of a Negative Declaration pertaining to the proposed amendment to the Town Zoning Ordinance (Planned Unit Developments) in accordance with prescribed regulations. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye.� Carried 4� 0. (The full text of this resolution is on file in the Resolution Book at the Town Clerk�s Office.)

 

Resolution #04-96 authorization to enter into a Memorandum of Understanding agreement with the Saratoga County Planning Board to reduce the time required to process referrals to the County Planning Board which are deemed to have no significant county-wide and/or inter-community impacts was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye.� Carried 4� 0. (The full text of this resolution is on file in the Resolution Book at the Town Clerk�s Office.)

 

Supervisor Thomas Wood explained the Saratoga on the Move initiative designed to improve the health of Saratoga County residents through increased physical activity and better nutrition.� He added that the there is both a national and a statewide movement and that Saratoga County is the only county in the state that is entering into this movement on a countywide basis.� Brochures were provided.�

Supervisor Thomas Wood reported that a grant has been applied for by the Old Saratoga on the Hudson Steering Committee for $100,000 to improve and restore the Champlain Canal towpath trail for safe bicycle and pedestrian use between the Schuyler House and Lock 5 Island and that authorization is needed for the Supervisor to enter into and execute the project agreement.� Resolution #04-94 was introduced by Supervisor Thomas Wood and seconded by Councilman Bruce Cornell as follows: RESOLVED, that Thomas N. Wood III, as Supervisor of the Town of Saratoga, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation, in an amount not to exceed $ 100,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Saratoga for development of the Old Saratoga on the Hudson Champlain Canal Trail. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 4� 0 (The full text of this resolution is on file in the Resolution Book at the Town Clerk�s Office.)

 

Supervisor Thomas Wood explained that Lakes to Locks is updating and reprinting their Champlain Canal Brochure & Map which is an excellent brochure which notes all points of historic significance along the trail from Whitehall to Waterford.� He added that Schuylerville, Victory, and the Town of Saratoga get a great amount of recognition from the brochure.� They have asked for monetary help for the update and reprint from all the municipalities along the trail.� Councilman Bruce Cornell introduced Resolution #04-95 authorizing the contribution of $200 to Lakes to Locks Passage for the updating and reprinting of its Champlain Canal Brochure & Map.� Councilman Charles Hanehan seconded the motion.� Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 4� 0 (The full text of this resolution is on file in the Resolution Book at the Town Clerk�s Office.)

�Supervisor Thomas Wood reported that a series of budget workshops will be scheduled in order to review all expenditures and needs for the preparation of the 2005 Budget. The first workshop is scheduled for Tuesday, July 27, 2004 at 7:00 p.m. at the Town Hall, 30 Ferry St., Schuylerville.

Supervisor Thomas Wood announced that under the leadership of the Schuylerville Area Chamber of Commerce the annual Family Fun Day program will be held on Saturday, July 17th.� The many events scheduled are the British Motor Fest, a Chicken Barbecue prepared by the David Nevins Fire Department, a Band Concert by the Cambridge Community Bank, games and prizes for the youth of the town, and a presentation by the Metawee Theater.� Supervisor Thomas Wood introduced Resolution #04-97 and it was seconded by Councilman Charles Hanehan as follows:

Whereas, Family Fun Day will be conducted at Fort Hardy Park on July 17, 2004 and

Whereas, this event will feature a series of day long activities for the benefit of all of the residents of the Town, therefore be it

Resolved, that the Town of Saratoga contribute $500.00 to the Schuylerville Area Chamber of Commerce to coordinate and conduct the Family Fun Day activities. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 4� 0

 

Communications:� Supervisor Thomas Wood announced that a grant proposal written by Sean Kelleher titled Siege of Saratoga�s Field of Grounded Arms/Fort Hardy Archeology Identification, Documentation, and Preservation Plan has been awarded in the amount of $25, 653.� This was one of only twelve selected this year nationwide from 59 applications.� This grant will provide the opportunity to provide additional documentation on the archeology at Fort Hardy Park.�

 

Supervisor Thomas Wood read a protest letter from the neighbors of Steven Mitchell of Fire Lane 3, regarding the operation of a very noisy industry, a.k.a. Saratoga Granite, in their quiet residential neighborhood.� Supervisor Thomas Wood added that after communication with Steve Mitchell he has stated that he wants to cooperate and will be moving his business by the end of July from that location.�

 

Correspondence from Anthony Holland was read requesting the town board to remove mining as a special permitted use in the Rural Residential Zoning District.�

 

 

 

Privilege of the floor: Kristi Carrara, 888 Route 29, stated that she agreed with Anthony Holland�s letter and encouraged the town board to remove mining as a special permitted use in the Rural Residential District.� Supervisor Thomas Wood responded that the first set of zoning amendments is about to be adopted but it could be considered in the next set.

Anthony Holland, 112 Chelsea Drive, thanked Supervisor Wood for reading his letter.� He added that the board might want to consider a Noise Ordinance in the next round of zoning amendments.�

Roger Sherman, 91 Pearl St., asked who owns Bryant�s Bridge and Supervisor Thomas Wood replied that Saratoga County owns it.� He also inquired about the lowered assessment on the Victory Mills Hydro Station and was glad that Supervisor Thomas Wood is pursuing a remedy.� Supervisor Thomas Wood, Assessor Catherine DeFelice, and the Mayors of Victory and Schuylerville will meet with a state representative to obtain more information on the Hydro Station�s assessment.� Roger Sherman also mentioned that there is a free lunch program at the Greater Schuylerville Community Youth Center open to all Schuylerville District children this summer.� He noted that funds and volunteers are needed.� For more information call Jennifer Squires at 695-4723.� Roger Sherman also suggested that we get a microphone so that citizens in the back of the room can hear.

David Teitelbaum, addressed the board regarding the health hazards associated with the dust, fumes, soot, and smog created by the sand mining process and left the information with the board. He also asked that the town board and the planning board be aware of the many studies that can be required as in hydrology, noise, traffic, odor, dust, air pollution, and socio-economic evaluations that can be carefully reviewed and deemed incomplete if determined to be.� He asked the board�s help in stopping the proposed mine on Route 29.�

Kathleen Bartholomay, asked if the town has tried to save Bryant�s Bridge?� Supervisor Thomas Wood replied that the estimate is that it will cost $100,000 to pick the bridge up intact and place it on a flatbed, then transportation charges will be incurred along with complete reporting to many agencies along the way.� The county will only pick up $40,000 of the cost (which is the cost to dissemble and dispose of it). The bridge would then need extensive repairs to be used even for pedestrians only.�� Supervisor Thomas Wood added that the two cast iron signs, noting it was erected in 1895, on each end of the bridge were stolen off of it.� The county and the town will document the bridge, with pictures and the history.� Supervisor Thomas Wood is continuing conversations with Joe Ritchey of Saratoga County about the possibility of carefully dissembling the bridge for possible reuse of all or part of it.

Jean Driscoll, commented that there is a dead deer on Route 29 � Highway Superintendent Grant Seymour replied that it has been removed.

 

A special meeting will be held on Monday, July 19, 2004 at 7:00 p.m. to consider Local Law # 5 & 6.�

 

A budget workshop will be held on Tuesday, July 27, 2004 at 7:00 p.m.

 

The next regular town board meeting will be at 7:00 p.m., on August 9, 2004.

 

 

 

 

 

 

 

 

Audit the Bills: Per abstract 07/12/2004 (7G): General A $20,782.57, General B $1,906.33, Youth $739.30, (7H): Highway Outside $19,424.75 for a total expense of $42,852.95.

�

A motion to adjourn at 9:40 p.m. was made by Councilman Fred Drumm and seconded by Councilman Charles Hanehan. Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Michael McLoughlin � absent, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4� 0.

 

Respectfully Submitted,

 

 

Ruth Drumm, Town Clerk

 

Return to home page