DRAFT MINUTES OF THE
REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF SARATOGA, 30 FERRY ST.,
June 13, 2005
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 - present, Councilman Charles Hanehan- present, Councilman Michael McLoughlin – absent, and Councilman Fred Drumm- absent.
Also present: Town Attorney William Reynolds, Deputy Town Clerk Linda McCabe, Assessor/Bookkeeper Catherine DeFelice, Highway Superintendent Grant Seymour, Zoning Officer Robert Hathaway, Ed Dweck, Walter Flanders, Justice Jack Ditch, Justice David Mathis, Ted Munn, Geraldine Freedman, Gene Derby, Nicole Barrow, Lori Marchaland, Sherry Barnum, Dr. Bruce Harro, Lisa McKernon, Lindsay Humiston, and Branden Aird.
Bid Opening: Proof of Notice on May 31, 2005 having been furnished the following bids for a New 2005 Vibratory Compactor were opened:
Bobcat of Saratoga, LLC., P.O. Box 785, 474 Maple Ave., Saratoga Springs - $37,172.56.
Anderson Equipment Company, 912 Albany-Shaker Rd., Latham, NY –
Approval of Minutes: All board members had received and read the minutes of May 9, 2005. A motion was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to accept the minutes of the May 9, 2005 meeting as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0.
Town Clerk’s report, May 2005: Fees paid to the County Treasurer for Dog Licenses $146.52. Dog license fees paid to the NYS Dept. of Agriculture and Markets $42.00. Fees paid to New York D.E.C. for hunting and fishing licenses $232.40. Fees paid to NYS Health Dept. for Marriage Licenses $45.00. Dog license fees to Supervisor Thomas Wood $400.48. Clerk fees to Supervisor Thomas Wood $119.60. Total State, County, and Local Revenues received were $986.00.
Zoning Officer’s report, May 2005: 11 Building Permits, 3 C.O.’s, and 19 Building inspections were done. A check for $1,215.25 was given to Supervisor Thomas Wood.
Dog Control Officer’s report, May 2005: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 16 complaints, took 3 dogs to the Saratoga County Animal Shelter, traveled 350 miles, issued 4 warnings, responded to 3 dog bites, and no summons’ were issued.
Town Court report: Justice Jack Ditch reported the following cases closed: 72 Vehicle & Traffic, 6 Criminal/Penal Law, 5 DEC/ENCON, 0 Dog cases, 2 DWI, 0 Town & Village Ordinance, 2 Small Claims/Civil, 2 Eviction, and 14 attended the Science of Speeding School. Fees paid to the NY State Comptroller - $5,015. First quarter court revenue from the NY State Comptroller to the Town - $6,862.
Health Officer Report: Dr. Bruce Harro reported on the services he provides to the Town. He responds to complaints from town residents and works with Town officials when problems are recognized. He works in conjunction with our local enforcement officers including Zoning Officer Robert Hathaway, Justices Jack Ditch and Dave Mathis, Town Attorney William Reynolds, and the Town Board along with Encon and the NYS Health Department to protect town residents and solve identified problems. He would also be involved with any future potential health hazards, such as influenza pandemics or terrorist attacks. He noted that there are county wide organizations involving Emergency Rooms which have prepared for various chemical and biologic attacks. He has used Tim Brooks, MD from Saratoga Hospital’s ER as a resource.
Supervisor Thomas Wood thanked Dr. Bruce Harro for his report, services and helpfulness when called upon by the town.
Supervisor’s report: Supervisor Thomas Wood presented May 2005 balances in Town funds as follows: General A $915,889.82, General B $115,828.05, Highway Outside $200,253.12, Youth Recreation & Services $4,604.88, Highway Equipment Reserve $109,211.68, Building Reserve $807,656.84, and Fire Protection $0.00. May revenues were $198,629.59 and expenses were $88,618.96. The total May 2005 balance is $2,153,444.39.
Supervisor Thomas Wood reminded everyone that the 10th Annual Sundae on the Farm would be held at the Hanehan Dairy Farm on County Route 67 on Sunday, June 19th from Noon – 4:00 p.m.
Councilman Charles Hanehan welcomed all to come to see how a modern dairy farm is run.
Recognitions/Presentations: Justice Jack Ditch and Justice David Mathis reported to the board on the Saratoga Town Court Internship Program that has two colleges and four high schools participating. They are hoping to expand to six high schools next year. The interns become important members of the Saratoga Town Court team of Justices, Court Clerks and Bailiff.
The program utilizes the hands-on approach. The interns have direct contact with the defendants, victims, police, attorneys, and other personnel involved in the criminal justice system. They are also involved in small claims and summary judgment civil cases. The interns help during court nights, day to day tasks, and do research projects.
Court Recognition Awards were presented to the following high school advisors:
Lynette Whaley – Saratoga Springs High School and Steve Rossley – Schuylerville Central School.
Court Intern Recognition Awards were presented to the following high school students: Lori Marchaland and Nicole Barrow – Greenwich High School, Councilman Bruce Cornell proudly presented the award to his granddaughter, Lindsay Humiston – Schuylerville Central School.
The Court Intern Recognition Award was presented to the following college student: Christina Campagna – Skidmore College
Others recognized, but were unable to attend, were as follows:
Advisor Mellisa Gordon – Stillwater Central School, Students Amanda Preddice and Amanda Luther – Stillwater Central School, Advisor Brenda Lee – Greenwich High School, Advisor Michael Carpenter – Adirondack Community College, Student Samantha Squires – Adirondack Community College, Advisors David Carp and Margaret Tacardin – Skidmore College, and Student Rebecca Hermen – Skidmore College.
Sherry Barnum, Deputy Executive Assistant of the 4th Judicial District praised the hands-on approach of the Saratoga Town Court Internship Program and the job the interns have done in the program.
Supervisor Thomas Wood thanked the students, advisors, and the justices for their efforts in making the program a success.
Public comments on agenda items: No one came forward.
Highway: Highway Superintendent Grant Seymour reported that the town crew has been busy mowing the roadsides, patching the roads, and clearing the downed tree limbs from the windstorm of a week ago.
He stated that he received four quotes on a 2005, 5-Ton Equipment Trailer and Versatile Trailer Sales, 786 Saratoga Road, Wilton, NY was the lowest at $2,615.00. He added that the money is in his budget for the trailer. The board agreed that he should go ahead and order the trailer from Versatile Trailer Sales. He also reported that the new Sterling truck is in and has been delivered to Arrowhead Equip. for the body and accessories to be put on. He stated it should be ready in about a month.
Supervisor Thomas Wood reported on the progress of the County replacing Bryant’s Bridge. He stated that it was due to be done this spring but the Archeological Investigations have held up the process. The plan now is to start the bridge replacement next year. It was noted that the bridge is safe and has a 4 ton weight limit.
Landfill: No report.
Insurance: Supervisor Thomas Wood reported that he was notified that a premium increase of 10 % or more may occur.
Youth Committee report: Supervisor Thomas Wood stated that the Summer Swim Program will have sign-ups on June 27th. Jeannie Duval, Youth Program Director, can be reached at 581-8453 for further details. The classes go from June 29th through August 10th.
Buildings: Supervisor Thomas Wood reported that the fifth meeting of the Building Committee met on June 9th. Preliminary details on the six borings at the present town hall were reviewed and in four of the borings there was 20 feet of landfill material found. Bedrock was found to be from 41 to 55 feet down at the various boring sites. The new town hall survey form was sent to 2,323 households in the Town of Saratoga on June 1st and Justice Jack Ditch, a survey committee member, is analyzing the results. So far 286 surveys have been returned. The deadline for return of the survey is July 1st. The committee recognized that more in-depth information may be needed. It was suggested that this could be done by focus groups throughout the town. It was decided that a number of Architectural firms should be contacted for developing plans for a new town hall. The next Building Committee meeting will take place on Thursday, July 7th at 6:00 p.m.
Senior Citizens report: Councilman Bruce Cornell reported that the Old Saratoga Seniors will be having their last meeting before summer break tomorrow. They have a trip planned for September 13th. The Quaker Springs Seniors have started their summer break and will meet again in the fall.
Park Committee report: No report.
Zoning Amendment Advisory Committee (ZAAC):
Councilman Charles Hanehan reported that the full committee has been divided into three subcommittees. The subcommittees are meeting as often as possible, trying to work around busy summer schedules.
Cable TV: Supervisor Thomas Wood reported that the PSC has approved renewal of the Time Warner Cable TV franchise agreement. The agreement is in effect for 10 years.
Supervisor Thomas Wood explained that due to many complaints a Noise Ordinance has been under review by the board. Town Attorney William Reynolds and Supervisor Thomas Wood checked with Sheriff Bowen to see if they would enforce the ordinance and the answer was yes. The board has been reviewing neighboring town’s ordinances and agreed that Stillwater’s would be a good model. After further board discussion, Supervisor Thomas Wood requested that Town Attorney William Reynolds draft a Noise Ordinance for review at the July meeting.
Supervisor Thomas Wood reported that the need for a Town Credit Card has been discussed at previous meetings. An offer came for a Chase Visa card that has no annual fee and free additional cards. It also offers a 3% rebate on the purchase of office supplies and a number of other purchases. Resolution #05-63 was introduced by Supervisor Thomas Wood and seconded by Councilman Bruce Cornell as follows:
Whereas, the Town Board of the Town of Saratoga recognizes the need for a credit card and that it is in the public interest to enable the town to realize the best prices with various vendors and to realize rebates on purchases, and
Whereas, the issuance of the card in the name of the Town of Saratoga, which may be used to purchase commodities or acquire services for properly authorized municipal purposes in accordance with the town’s adopted procurement policy and for use by officers in connection with travel and other actual and necessary expenses, and
Whereas, internal controls will be exercised and monitored by the Supervisor as the Chief Fiscal Officer of the town, therefore be it
Resolved, that the Town Board authorizes Supervisor Thomas Wood to enter into a credit agreement with Chase Visa for one main Chase Visa Business Rebate credit card to be issued to Supervisor Thomas Wood and one additional card to be issued to Town Clerk Ruth Drumm with a credit limit of $3,000 and further be it
Resolved, that Supervisor Thomas Wood is authorized to pay the credit card bill without prior audit in order to avoid late fees and interest, providing the bill is presented at the first available meeting for audit. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0.
Resolution #05-64 – Bid acceptance for a New 2005 Vibratory Compactor was introduced by Councilman Charles Hanehan and seconded by Councilman Bruce Cornell as follows:
WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for a New 2005 Vibratory Compactor, Specification TOS 03-05, and Anderson Equipment Company was the low bidder at $33,260.00; therefore be it
RESOLVED by the Town Board of the Town of Saratoga to accept the bid from Anderson Equipment Company, 912 Albany Shaker Road, Latham, NY, for $33,260.00 for a New 2005 Vibratory Compactor, providing the specifications in TOS 03-05 are met. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0.
Supervisor Thomas Wood explained that Alane Chinian of Saratoga PLAN has requested a letter of support to be sent to our representatives for The Community Preservation Act (CPA), which is currently in the state legislature that would establish a local real estate transfer tax to go toward a town “community preservation fund” dedicated to land conservation. It was noted that before it is adopted locally it would be put to a public referendum. He also explained that the tax is only on an amount that is above the median home sale price. After further board discussion, Supervisor Thomas Wood made a motion to support the Community Preservation Act (CPA) and to send letters of support to our legislators. Councilman Bruce Cornell seconded it. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0.
Ed Dweck, Chairman of Saratoga Lake Protection and Improvement District (SLPID), addressed the board requesting the town be the applicant for a $1.2 million NYS grant from the Environmental Protection Fund (EPF) for control of weeds in Saratoga Lake. SLPID would work jointly with the Towns of Saratoga, Stillwater, Malta and the City of Saratoga Springs in the long term aquatic vegetation management plan for Saratoga Lake. The grant must be applied for by a municipality. He added that the LA Group would write the grant and SLPID would provide the 50% match of funds required. It would not cost the town any money.
Supervisor Thomas Wood made a motion to enter into executive session at 8:20 p.m. to discuss the potential contractual liabilities with the grant. Councilman Bruce Cornell seconded the motion. Town Attorney William Reynolds and Ed Dweck were invited to join the board in the session. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0. At 8:30 p.m. Supervisor Thomas Wood made a motion to end the executive session. It was seconded by Councilman Bruce Cornell. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0. The regular meeting reconvened.
Supervisor Thomas Wood introduced Resolution #05-62 and Councilman Charles Hanehan seconded it as follows:
Whereas, the Saratoga Lake Protection and Improvement District (SLPID) is an agency established by New York State for the purpose of monitoring, protecting, and improving Saratoga Lake, and
Whereas, SLPID proposes to work jointly with the Towns of Saratoga, Stillwater, and Malta and the City of Saratoga Springs in a long term aquatic vegetation management plan for Saratoga Lake, and
Whereas, New York State Grants are available to provide funding for aquatic vegetation management projects, and
Whereas, SLPID will complete all required forms and documentation for a New York State Grant for funding for the development, implementation, and administration of the aquatic vegetation management plan, and
Whereas, upon approval of the grant SLPID will act as the exclusive agency with full authority and responsibility for the development and administration of the aquatic management plan, and
Whereas, upon approval of the grant SLPID will be the responsible party and will apply for all necessary permits, obtain all required approvals, monitor all work, and follow all required procedures for the approved plan, now therefore be it
Resolved, that the Town of Saratoga will act as the applicant for a 1.2 million dollar EPF New York State Grant to be used by SLPID for the purpose of developing, implementing, and administering an aquatic vegetation management plan for Saratoga Lake, and be it further
Resolved, that SLPID will provide the 50% matching funds required for the grant, and be it further
Resolved, that the Town of Saratoga applauds and commends SLPID for their dedication to the improvement of Saratoga Lake and for the outstanding work performed by the SLPID Board and all SLPID members in the improvement of Saratoga Lake.
Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - absent, and Councilman Charles Hanehan - aye. Carried 3– 0.
Supervisor Thomas Wood announced that a $60,000 grant from the Environmental Protection Fund (EPF) for the Old Saratoga on the Hudson Champlain Canal Trail Project was awarded to the Town of Saratoga. Alane Chinian, with Old Saratoga on the Hudson, will manage the grant.
A notification was received by the NYS Dept. of State, Division of Local Government Services Quality Communities Program of a Satellite Conference on Open Space and Farmland Conservation to be held at Adirondack Community College on June 21, 2005. Registration is at 6:15 p.m. and the cost is $15.
A letter of gratitude was received from Donna Dodd-Thomas, President of the Schuylerville Community Theater, to the Town Board for the resolution and recognition of the theater’s 25th anniversary. She also thanked Supervisor Tom Wood for attending the 25th Anniversary Celebration and personally presenting the resolution. She added that the Schuylerville Community Theatre awarded $3,000 in scholarship monies to eight graduating seniors from Saratoga, Washington, and Warren County schools.
Fire Chief Rick Drew of the Schuyler Hose Company sent a memo to the town that the dry hydrant at the Grangerville Fire Lane will be installed once they hear back from the Saratoga County Soil & Water on the materials needed. Funds for the materials have been made available through a grant from Senator Bruno. Highway Superintendent Grant Seymour has agreed that the highway department would help with the installation of the hydrant when ready.
Privilege of the floor:
Gene Derby, 8 Chestnut St., addressed the board regarding outside water users and a letter that he has received requiring his signature, agreeing to pay the 150% outside user rate. He referred to a copy of a Water Contract between the Village of Victory and the Village of Schuylerville dated 1980 that was good for 40 years, which would be in effect until 2020. In the agreement, it stated that problems were to be remedied by an arbitration board at the expense of the Water Board. He asked if Town Attorney William Reynolds could review the contract to see if it could help the outside users to resolve their problem. After some board discussion, Supervisor Thomas Wood asked Town Attorney William Reynolds to look it over for its merits and he agreed to.
Ed Dweck, Chairman of SLPID, thanked the board for their support of SLPID. Supervisor Thomas Wood thanked Ed Dweck and all the members of SLPID for all the work that they do.
The next building committee/agenda meeting will be Thursday, July 7th
at 6:00 p.m. and the next regular meeting will be Monday, July 11th, at 7:00 pm.
Audit the Bills: Per abstract 06/13/2005 (6G): General A $10,116.01, General B $5,857.53, Youth $0.00, (6H): Highway Outside $21,147.23, Building Reserve $1,163.00 for a total expense of $38,283.77.
A motion to adjourn was made by Councilman Charles Hanehan at 9:17 p.m. and Councilman Bruce Cornell seconded it. Supervisor Thomas Wood – aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Charles Hanehan – aye, and Councilman Michael McLoughlin – absent. Carried 3– 0.