DRAFT COPY
REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF
SARATOGA, 30 FERRY ST.,
SCHUYLERVILLE,
NY
June 14, 2004
7:00 P.M.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:00 p.m. followed by a moment of silence honoring former President Ronald Reagan.
Roll call: Town Clerk Ruth Drumm
called the roll.� Supervisor Thomas
Wood- present, Councilman Bruce Cornell - present, Councilman Michael
McLoughlin � absent, Councilman Fred Drumm- present and Councilman Charles
Hanehan- present.
Also present: Highway Superintendent Grant Seymour, Deputy Town Clerk Linda McCabe, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Assessor/Bookkeeper Catherine DeFelice, Kathleen Bartholomay, Stephen and JoAnn Goldblatt, Thompson Temple, Dan Craine, Dan McCabe, Kristi and Darren Carrara, Lynda and David Teitelbaum, Becky DeWitt, Mark Overholt, Mark Richardson, Bob McConnell, Pat Peck, and Patricia Pierce.
Proof of notice having been provided a Public Hearing on Local Law #4 of 2004, increasing the Veterans, Combat Veterans, and Disabled Veterans Partial Real Property Tax Exemption was opened at 7:05.� No one came forward for or against Local Law # 4 of 2004.�
Approval of Minutes: A motion was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to accept the minutes of May 10, 2004 as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.�
Carried 4 � 0.�
Town Clerk�s report for May 2004: Fees paid to the County Treasurer for Dog Licenses $194.85. Dog license fees paid to the NYS Dept. of Agriculture and Markets $78.00. Fees paid to New York D.E.C. for hunting and fishing licenses $229.56. Fees paid to the New York State Health Department for Marriage licenses $90.00. Dog license fees to Supervisor Thomas Wood $489.65. Clerk fees to Supervisor Thomas Wood $128.69. Total State, County, and Local Revenues received were $1,210.75.
Zoning Officer�s report: May 2004: 7 Building Permits, 1 Building Permit for a Swimming Pool, 4 C.O.�s, 8 Building inspections, 2 Septic Permits, and 1 Junk Yard permit.� A check for $815.00 was given to Supervisor Thomas Wood.�
It was noted that Zoning Officer Robert Hathaway is following up on several situations in the town, among them are Fred Tupper�s Auto Sales on Route 29, Stephen Mitchell�s ongoing business on Fire Lane 3, Hotchkiss warehouse on Coveville Road and the Steve Otrendiak property on Coveville Extension.
Supervisor�s report: Supervisor Thomas Wood presented May 2004 balances in Town funds as follows: General A $672,768.34 General B $107,766.99, Highway Outside $294,386.76, Youth Recreation & Services $4,116.40, Highway Equipment Reserve $77,875.34, Building Reserve $780,204.73 and Fire Protection $0.00.� May revenues were $181,616.53 and expenses were $126,780.06.� The total May balance is $1,937,118.56.
Highway: Grant Seymour reported that they put calcium chloride on the roads last month and are now busy patching holes.� He also explained that the CHIPS project on Burgoyne Road would be started next week.� He informed the board that the new tractor is in and the mower is being attached.
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: No report.
Youth Committee report: No report.
�
Buildings: No report.
Senior Citizens report: Councilman Bruce Cornell reported that both the Quaker Springs Seniors and the Old Saratoga Seniors have met and will not meet again until fall.� The Old Saratoga Seniors had a chicken dinner at the American Legion and nominated Gert Hall Senior of the Year.� Councilman Bruce Cornell noted that exceptionally good entertainment was provided by the 4th and 6th grade band from Schuylerville Central School. Quaker Springs had 39 seniors attending at their luncheon with Nicki Ferguson, Director of Housing at Wesley, speaking on senior housing options.�
Park Committee report: Supervisor Thomas Wood explained that they are continuing to pursue potential sites for a town park.
Cable TV Committee: Councilman Fred Drumm reported that an agreement has been reached which includes free cable for the ambulance squad and the town hall, along with a 15% discount on roadrunner for the town hall.� Councilman Fred Drumm introduced a motion to conduct a Public Hearing on the Time Warner Franchise Agreement at the July meeting and this was seconded by Supervisor Thomas Wood. After discussion, Supervisor Thomas Wood made a motion to amend the motion by adding assuming all terms and conditions are agreeable to the town board, a public hearing will be held at the July 12, 2004 meeting.� Councilman Bruce Cornell seconded this. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Amendment Carried 4 � 0.� The vote on the amended main motion:� Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4 � 0.�
Old Business:
Resolution #04-84 was introduced by Supervisor Thomas Wood and seconded by Councilman
Charles Hanehan adopting Local Law #4 of 2004:�
WHEREAS, the Town Board of the Town
of Saratoga acknowledges the need to increase the veteran�s real property tax
exemption for veterans, combat veterans, and disabled veterans; 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 #4 of 2004 repealing Local Law
#1 of 1985.� This will raise the level
of assessment from $40,000 to $80,000 that their discounts are applied to.
Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4 � 0.�
Supervisor Thomas Wood stated that the zoning amendments and addition of a PUD are still being worked on but should be ready for presentation and a public hearing at the July 12, 2004 meeting.�
Supervisor Thomas Wood reported that the negotiations for the Purchase of Development Rights for the Nate Darrow property, Saratoga Apple, are at a point where a resolution of support by the town is needed.� Supervisor Thomas Wood introduced Resolution #04-85 authorizing Supervisor Thomas Wood to sign the grant application prepared by Saratoga PLAN for the Purchase of Development Rights on the Saratoga Apple property of Nate Darrow.� Councilman Bruce Cornell seconded this. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4 � 0.� After discussion and advise from Town Attorney William Reynolds, Supervisor Thomas Wood amended the resolution to specify the grant application as the County grant application.� Councilman Bruce Cornell seconded this. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Amendment 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 addressed the Village of Victory�s request for $5,000 for
restoration of the �old schoolhouse�.��
In an effort to find funding sources for the request, he stated that he
wrote to Fred Acunto, Chairman of the County Board of Supervisors, asking him
to look into the procedure for a redistribution of sales tax that would help
the Village of Victory.�� He was told
that it would take an act of the NYS Legislature to do that and it probably
would not happen.� Supervisor Thomas
Wood will continue conversations with Mayor George Sullivan in an effort to
help.��
Town Attorney William Reynolds has notified the board that all the legal requirements have been met for the passing of title of the Eagle�s Way Road to the Town of Saratoga.
Councilman Charles Hanehan offered Resolution #04-78 to accept dedication of Eagle�s Way and to release the associated Letter of Credit.� Councilman Fred Drumm seconded this. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, 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.)
New Business:
Supervisor
Thomas Wood introduced Resolution #04-77
and this was seconded by Councilman Fred Drumm: 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 March 27, 2004 through April 30, 2004,
now therefore be it
RESOLVED, that the Town of Saratoga pay invoice number 16193 in the amount of $6,255.54 from account A 7150.4 Special Recreational payable to Lakes to Locks Passage. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4 � 0.
In
response to a request by Tom Temple, representing the Fish Creek Rod and Gun
Club, to consider passing a Local Law to allow Games of Chance (Las Vegas
Nights, Raffles, and Bell Jar Tickets) in the town, Supervisor Thomas Wood
asked Tom Temple to address the board.�
Tom Temple explained that it would help their non-profit organization
financially and hopes that the board would consider the proposal, he added that
the Quaker Springs Fire Department has also shown an interest.� Supervisor Thomas Wood would like to have
Stacy Clifford of the NYS Racing and Wagering Board give a presentation at the
next board meeting to provide information and guidance regarding the process required,
as it is highly regulated.� It was noted
that a public referendum would also be required and that we would need to be
ready by September in order to get it on this November�s ballot for a vote.� Stacy Clifford will be contacted and invited
to do a presentation at the July meeting, if available.�
Resolution #04-81 was introduced by Councilman Bruce Cornell and seconded by Councilman Fred Drumm supporting the application of John Schultz who is seeking to permanently preserve his 132 acres of active farmland on County Rte. 67 in the Town of Saratoga through the Farmland Protection Grant program. The resolution authorizes Supervisor Thomas Wood to contract with the State of New York and to execute any documents necessary to accept and redistribute Farmland Protection Implementation Grant funds, should the grant application be successful. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, 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 #04-82 was introduced by Councilman Charles Hanehan and seconded by Councilman Fred Drumm supporting the application of Paul and Sharon LaBarge who are seeking to permanently preserve their 100 acres of active farmland on Wilbur Road in the Town of Saratoga through the Farmland Protection Grant program. The resolution authorizes Supervisor Thomas Wood to contract with the State of New York and to execute any documents necessary to accept and redistribute Farmland Protection Implementation Grant funds, should the grant application be successful. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, 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 #04-83 was introduced by Councilman Charles Hanehan and seconded by Councilman Fred Drumm supporting the application of Charles Ritson who is seeking to permanently preserve his 35 acres of active farmland on Wilbur Road in the Town of Saratoga through the Farmland Protection Grant program. The resolution authorizes Supervisor Thomas Wood to contract with the State of New York and to execute any documents necessary to accept and redistribute Farmland Protection Implementation Grant funds, should the grant application be successful. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, 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 discussed the need for a
substitute Dog Control Officer when our Dog Control Officer, Marshal Truax, is
unavailable. Resolution #04-87 was
introduced by Supervisor Thomas Wood and seconded by Councilman Bruce Cornell
as follows: WHEREAS, the Town Board of the Town of Saratoga acknowledges
the need for a substitute Dog Control Officer to insure coverage when our
regular Dog Control Officer is unavailable due to training, vacations, or
illness, and
WHEREAS, the Town Board of the Town of Saratoga recognizes
the need to be able to respond to complaints and serious situations promptly in
order to protect the citizens of the Town of Saratoga, and
WHEREAS, Rick Sullivan, the former
Town of Saratoga�s Dog Control Officer, is available and has the experience and
qualifications; now therefore be it
RESOLVED by the Town Board of the Town of Saratoga to appoint
Rick Sullivan as the substitute Dog Control Officer.� The rate of pay will be $25 per day or $150 per week as needed.
Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4 � 0.
�
As
part of the town�s authorization to administer the Heritage NY Grant,
Councilman Fred Drumm introduced Resolution
#04-79 and Councilman Bruce Cornell seconded it.� The resolution is as follows: 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 #2422 for $2,550.00, therefore be it
RESOLVED, that the Town of Saratoga
pay invoice #2422 in the amount of $2,550.00 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, and Councilman Charles Hanehan - aye.� Carried 4 � 0.
Supervisor Thomas Wood explained that funds may be available for financial assistance to the Town of Saratoga for the Turning Point Parade.� He then introduced Resolution #04-80 and Councilman Charles Hanehan seconded it.� The resolution is 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 $ 5,000, 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 The Turning Point Parade.� Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 4 � 0.
The board discussed Resolution
# 04-86, which would have authorized Supervisor Thomas Wood to sign a three
year contract with the Saratoga County Office of the Aging�s Retired &
Senior Volunteer Program (RSVP), which sponsors the Osteoporosis Prevention
Exercise Classes that are held in the basement of the town hall.� Reservations on entering into a three-year
contract due to the condition of the town hall building and the uncertainty
that the location could be provided long term were voiced.� Town Attorney William Reynolds suggested
that language could be added allowing for cancellation of the contract with 60
days notice.� It was decided that action
should be deferred so that the concerns can be addressed. Tabled
Communications:�
Supervisor Thomas Wood announced that an Excellence in Equity Award was presented to the Town of Saratoga by the NYS Office of Real Property Services recognizing its efforts in providing taxpayers fair and equitable assessments.� Supervisor Thomas Wood commended Assessor Catherine DeFelice and Assistant Marie Foster for their good work.
It
was announced that a $35,000 Local Waterfront Revitalization Projects (LWRP) Grant has
been awarded to the Town of Saratoga for waterfront revitalization projects as
part of the Old Saratoga on the Hudson project.
Justice
Jack Ditch reported on administrative issues of the court.� Since the passing of Justice James Priest,
the judges' offices have been combined and are located in the basement of the
town hall. Justice David Mathis was appointed and a second part-time court
clerk was hired.� The number of cases
and fines received are down from this time last year, in part due to a
carryover of open cases.� Training is
ongoing for both the justices and the clerks.�
A conversion from postal transmission to electronic transmission of
reports is underway. Justice Jack Ditch requested approval for 100 additional
hours for the court clerks (50 each) during July and August due to the
additional workload resulting from the electronic conversion, higher number of
tickets written for recreational violations and for closing the open
cases.� Supervisor Thomas Wood replied
that he would check into the availability of funds in the budget for the
additional hours.�
Justice
David Mathis reported on the Special Programs that have been initiated.� A 5-hour course called the Science
of Speeding has been helpful.�
In lieu of a fine, they can take the educational course, which should
make them a safer driver in our town.��
Another program is where high school students are invited to sit through
a court session, which enlightens them to the proceedings and consequences.� An internship program consisting of four
10-week sessions is scheduled to begin in September where students will come in
to assist the court.� Justice David
Mathis also mentioned that they have streamlined the Dog Officer�s Appearance
Ticket form.�
Justice
David Mathis reported that the Schuylerville Village Board has approved putting
the stage on the Schuylerville beach.���
�A thank you note was received from the Hudson
Crossing Steering Committee for the $200 donation that helped them print their
brochures.
Supervisor
Thomas Wood noted that Applications for the NYS Environmental Excellence Awards
are needed and if anyone knows of someone they wish to recognize please let him
know.
A
special thank you note was received from Phil Griffen for the resolution
recognizing him for his years of service and dedication as Councilman for the
Town of Saratoga.� He expressed his
gratitude for being able to serve the people of the Town of Saratoga as
Councilman.�
Supervisor
Thomas Wood noted that this Sunday, June 20th, �Sundae� on the Farm will be held at the Mill Creek Farm, a
Thoroughbred horse breeding facility, of Tim and Anne Morgan Little at 1019 Co.
Rd. 70, Town of Saratoga from 12 � 4 p.m.�
Councilman Charles Hanehan added that it is the 9th annual
event and that it is a wonderful opportunity to see an operating farm.
Supervisor
Thomas Wood acknowledged numerous letters and phone calls from concerned
residents along Route 29 in the area of the Farmer�s
Daughter regarding the proposed sand mine.�
He also stated that he has received another letter regarding the
operation of a business that is operating without a special use permit and the
residents in the immediate neighborhood have signed the letter of
objection.� Zoning Officer Robert
Hathaway is following through on this, the business is located along Fire Lane
3.�
Privilege of the floor: Supervisor Thomas Wood explained the Rules of Order for speaking at the meeting.� The following people spoke against the
proposed sand mine located along Route 29 in the vicinity of the Farmer�s Daughter:
Kristi Carrara, 888 Route 29- presented the supervisor with a signed petition
requesting the board to change the zoning to exclude mining along Route 29,
requested the town board to act before DEC�s determination, and asked the board
to make a recommendation to the Planning Board on their behalf.
Kenneth Herrington- Route 29 resident, water supply concerns
Dave Teitelbaum, 118 Chelsea Dr.- concerned with noise pollution, water, traffic and
the effect on their Quality of Life
Anthony Holland, 112 Chelsea Dr.-negative health impacts due to diesel fumes, dust,
and he gave the board 6 recommendations for changes to be made, which include
removing mining in the Rural Residential District, restrictions on intensity of
the mining operation, zone mining out, institute a noise ordinance, check on
the background of applicants to see if they are currently or in the past have
been in violation of zoning regulations in any of their operations, and he
suggested that we Purchase the Development Rights on that land.
Mark Overholt,
22 Louden Rd.- concerned that the current zoning would allow additional
unfavorable businesses to locate along Route 29
Steven Goldblatt, 113 Chelsea Dr.- concerns with effects on Quality of Life
Becky DeWitt,
8 Louden Rd.- concerns on health issues and Quality of Life, noted that it is
an Archeologically sensitive area along with possibly the home of endangered
species such as the Karner Blue butterfly
Dan McCabe-
He has experienced dust and noise during construction at the Myer�s Lane
Development for a year and feels it would be horrible for the nearby residents
of a sand mine, especially if it continued for 30 years.� He also added his support for the Purchase
of Development Rights on Nate Darrow�s Saratoga Apple property.
Kenneth Herrington- traffic concerns, noted that there are currently have 2 mines on Rt.
29 (the county�s and Clute�s)
Lisa Breen-
119 Chelsea Dr.- concerns with the devaluation of neighboring properties, and
would like the zoning changed
Darren Carrara, 888 Route 29- questioned how we change the law- Supervisor Thomas
Wood stated that it is a long process and starts with the town board who
reviews and revises the law along with the Saratoga County Planning Board�s
input and with the Town Attorney.
Supervisor Thomas Wood noted that the current mining application is on file
with the Planning Board and the DEC, the options are that the DEC could deny
it, then the local Planning Board would deny it, or it could be approved by the
DEC and then the Planning Board could approve it with restrictions or deny
it.� Councilman Fred Drumm, a former
Planning Board Member, added that we have a very good Planning Board that is
tough and thorough.���
Becky DeWitt-
doesn�t meet driveway requirements- Supervisor Thomas Wood responded that the
Planning Board and the DEC, through the SEQR process, will work with the
Department of Transportation
Kristi Carrara- stated that the permit with the DEC is incomplete at this time and
she is asking for help from all the boards to stop the mine before it is
restarted
Mark Overholt-
stated that the mine was run illegally previously
Stephen Goldblatt- asked for a moratorium on mines- Town Attorney William Reynolds
stated that since the application is in the works it would not stop this one.
Town Attorney William Reynolds offered advise to the concerned residents.� He encouraged them to gather statistical
data so that they can back up their concerns regarding health and safety and
bring them to the Planning Board.� That
would help the board to decide in their favor and it would also help the courts
to uphold a denial of the mining permit, if needed.���
Anthony Holland � questions regarding viewing of the application and file � he was
told that it is open to the public to view or copy for .25 a sheet, according
to the zoning regulations that the town is mandated to respond to the applicant
within 45 days- Town Attorney William Reynolds responded that that requirement
can be adjourned by the applicant, and lastly that mining is not shown as
allowed under the Rural Residential District and it was pointed out that it
states under Rural Residential that all Special Permitted Uses in Rural
District plus the ones listed, and it is listed under uses allowed in the Rural
District
Councilman Charles Hanehan stated that the reason the area was rezoned was to
reduce the density of homes.�
The next regular town
board meeting will be at 7:00 p.m., on
July 12, 2004.
Audit the Bills: Per abstract 06/14/2004 (6G): General A $15,893.24, General B $6,603.13, Youth $0, (6H): Highway Outside $18,802.61 for a total expense of $41,298.98.
�
A motion to adjourn
at 9:15 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