DRAFT MINUTES OF
TOWN BOARD MEETING
OF THE TOWN OF SARATOGA,
30 FERRY ST.,
June 9, 2008
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: Town Attorney William Reynolds, Highway Superintendent Dave Hall, and many other interested members of the public.
Recognitions/Presentations/ Bid openings/ Public Hearings: None
Approval of Minutes: A motion was made by Councilwoman Betty Koval and seconded by Councilman Michael McLoughlin to accept the minutes of the May 12th regular meeting and the May 30th special 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 May 2008: Town Clerk Ruth Drumm reported. Fees paid to the County Treasurer for Dog Licenses $148.05. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $30.00. Fees paid to New York D.E.C. for hunting and fishing licenses $377.88. Fees paid to the New York State Health Department for Marriage licenses $67.50. Dog license fees to Supervisor Thomas Wood $431.95. Clerk fees to Supervisor Thomas Wood $90.37. Total State, County, and Local Revenues received were $1,145.75.
Zoning Officer’s report for May 2008: Zoning Officer Gil Albert reported: 9 Building Permits, 1 Building Permit Renewal, 21 Building Inspections, 0 COs, 0 Junk Yard Permits, 5 Complaints, and 2 misc. A check for $1,670.00 was given to Supervisor Thomas Wood.
Dog Control officer’s report for May 2008: Supervisor Thomas Wood read the report for DCO Ed Cross. He answered 45 complaints, traveled 344 miles, issued 24 warnings, took 5 dogs to the shelter, responded to no dog bites and 11 summonses were issued.
Town Court report for May 2008: The following were closed: 131 Vehicle & Traffic, 11 Criminal/Penal Law, 0 DEC/ENCON, 6 Dog cases, 5 DWIs, 8 Town & Village Ordinance, 1Small Claims/Civil, 1 Eviction, 2 Bench trials, 1 Divestiture Form (case transfers) sent to County Court, 21 attended the Science of Speed School, 1 Defendant sentenced to probation, 15 hours of community service issued, 0 days of jail time issued, 1 Order of Protection issued, and $10,495.00 in fees were paid to the NY State Comptroller.
Tax Collector’s report: No report.
Historian’s report: Historian Sean Kelleher submitted the following report:
May has brought the renewal of weekly office hours – Friday mornings at 8 am along with the normal hours by appointment. In May, I assisted Supervisor Wood with the deed transfer ceremony at Schuyler Park. Deputy Historian Pat Peck has participated in three conferences at Glens Falls, Hartford and Saratoga Springs. The Schuyler House and Saratoga Monument are opening in June through the summer on Wednesday through Sunday. New this year, the National Park will be opening the Schuyler House and Saratoga Monument on “Dark Tuesday” during track season. This was a suggestion from the Historian’s office to try to stimulate tourism in the community. The Historian’s office will be participating as a community stakeholder in a visioning session for the Saratoga National Historical Park to develop a multi-year work plan. If anyone has suggestions on how the National Park can work with the local community please contact the Sean Kelleher.
Assessor’s report: Assessor Victoria Hayner submitted the following report.
The Board of Assessment Review met on May 27th between 4 and 8 p.m. and six town residents attended to grieve their assessments. There were also two corrections to the roll and five stipulations presented for consideration by the Board.
During the month of May we processed several sales transfers from March 1, 2008 until April 30, 2008. The majority of these transfers were non-valid transfers.
The Assessors Office will be observing a Summer Schedule beginning
May 23rd. The office will be open Monday through Thursday from 9:00 a.m. until 1:00 p.m. The Assessor will be in the office on Monday and Thursdays or by appointment. The Assessor’s Clerk will “man” the office on Tuesdays and Wednesdays.
Supervisor’s report: Supervisor Thomas Wood presented his financial report as follows:
GENERAL FUND – TOWNWIDE (A FUND) YTD
May Revenues + 73,702.86 640,052.33
May Disbursements - 53,558.08 229,675.15
Balance May 31 1,159,863.21
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
May Revenues + 3,333.01 229,898.92
May Disbursements -2,326.98 132,693.57
Balance May 31 $202,576.28
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
May Revenues + 83,642.14 422,927.81
May Disbursements - 46,182.66 422,555.26
Balance May 31 $429,087.83
YOUTH RECREATION & SERVICE May 31 $274.36
HIGHWAY EQUIPMENT RESERVE May 31 $ 900.21
BUILDING RESERVE May 31 $1,225,794.69
PARKS May 31 $53,054.91
RISK May 31 $28,886.10
Supervisor Thomas Wood reported that the May sales tax distribution received was $82,658.
Supervisor Thomas Wood announced that the third Local Waterfront Revitalization Program (LWRP) grant has been awarded in the amount of $272,037. This is a shared grant with the following towns: Town of Saratoga - $61,000 for the Coveville/Wilbur Road Recreational Trail Project; Town of Northumberland - $181,037 for the Hudson Crossing Project Boardwalk, Dix Bridge South; and the Village of Schuylerville - $30,000 for the Main Street Improvement Study.
Highway: Highway Superintendent Dave Hall reported that Sweet Road is under construction and paving should start June 23rd. The price of asphalt is going up. The roadways are being mowed. Highway Superintendent Dave Hall reported that he has talked with Dave English regarding the sale of the gradall and that they are still interested. If they do not purchase it the board agreed that it should be advertised again. He added that Andy O’Kosky will be out on sick leave until July with Lyme Disease.
Public comments on agenda items:
Geraldine Freedman asked for clarification of the LWRP Grant and if the Saratoga Country Inn proposed for Wagman’s Ridge Road is still going forward. Supervisor Thomas Wood responded that it is.
Landfill: No report.
Insurance: Supervisor Thomas Wood noted that our insurance policy is up for renewal on August 13th and our current coverages are being reviewed.
Youth: No report.
The Schuylerville Senior Citizens have their annual birthday party meeting tomorrow. On Wednesday, June 11th there is a day trip to Chatham scheduled to see the show “Seven Brides for Seven Brothers.” They will resume their regular meetings in September. Nancy King is the new president.
Park Committee: Schuyler Park Update – Laurie Griffen reported on the progress being made at the 27 acre park site. The deed was conveyed to the town on May 20th at a special ceremony at the park. The Schuyler Park Committee met on the 27th and are getting organized with insurance etc. Many thanks to The Quaker Springs Fire Department for conducting a second burn of debris at the site. BOCES has completed their work at the park. The LA Group has finished a walk through of the park in search of Lupines and butterflies with none reported. Word on the Archeological Grant applied for should be coming by the end of the week. The reports by the LA Group should be completed by the end of July. Tommell & Assoc. are surveying and additional stakes will be added for boundary clarification. The website will be up and running soon. An agreement with Schuylerville Central School for use of the park is being drafted. Laurie Griffen noted that there has been great positive response over the park by the neighbors and public.
Doug Niles asked if the committee has looked into having a caution light or speed limit along Rt. 29 at the park site. Laurie Griffen replied that a traffic study was done and for now nothing is recommended. She hopes as the park development gets further along a reduced speed limit would be considered.
Quaker Springs Mineral Spring Park: Councilman Michael McLoughlin announced the following as members of the Quaker Springs Mineral Spring Park Committee that he chairs: Marie and Art Traver, Steve Bodnar, Tim and Bill Lagoe, Sean Kelleher, Gordon Russell, and Paul Griffen.
National Incident Management System Committee (NIMS): Jim Miers, Emergency Operations Coordinator, reported that heavy and severe thunderstorms are predicted for tomorrow between 4:00 and 8:00 p.m. so be sure to keep an eye to the sky. He noted that the Town Hall, Schuylerville Village Hall and the Victory Village Hall were open today and will be open tomorrow as cooling centers for residents through the heat wave. Jim Miers reported that he attended a meeting on June 3rd at the Ballston Spa Fire Training Academy. Paul Lent, Saratoga County Director of Emergency Services, and most of the Regional Emergency Operations Coordinators attended. They covered many topics as follows: pink sheets to identify special needs residents; States of Emergency criteria; NIMS training and compliance in order to receive FEMA money; a grant received by the county for mitigation plans in natural disasters; and the radio system and transition to the new digital system by 2010. Jim Miers also cautioned municipalities with rail lines to be aware that there is increased use of rail lines due to the high gas prices and for the public to use caution.
Supervisor Thomas Wood noted that all the town board members have taken the required NIMS courses and are compliant.
Quaker Springs Fire Department (QSFD): Stephen Bodnar addressed the board reporting that they responded to 6 alarms in May. They will go out for bids on the new station on July 1st. They hope for a ground breaking the day after Labor Day. Quite a few members have been qualified as truck drivers and pump operators. There has been extensive training with the Water Rescue boat on Saratoga Lake. They have sold R494 and all problems with ER493 have been corrected. The next Commissioner's meeting is on June 16th at 7:00 p.m.
Saratoga Lake Association (SLA): Doug Niles reported that the weed control program has been effective.
Saratoga County Farm Bureau (SCFB): No report. Councilman Charles Hanehan noted that it was a good planting season and early harvest.
Supervisor Thomas Wood explained that Alpine Environmental has reported that there are two main areas of asbestos in the old town garage. They are in the transite panels in the ceiling and rear walls and in the built-up roofing. A Request for Proposals will be drafted by Town Engineer Kenneth Martin for the safe removal of the asbestos and the cost will be included in the 2009 budget.
On a motion by Councilman Fred Drumm and seconded by Councilwoman Betty Koval the following Resolution #08-79 Lead Agency Designation - Coveville/Wilbur Road Towpath Trail 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 Coveville/Wilbur Road Towpath Trail Project is an Action subject to the provisions of the New York State Environmental Quality Review Act (S.E.Q.R.) and the regulations promulgated to implement said Environmental Quality Review Act, and
WHEREAS, the provisions of S.E.Q.R. require the designation of a “Lead Agency” to determine the environmental significance of the Action, and
WHEREAS, this agency has complied with the provisions of S.E.Q.R. pertaining to “Lead Agency” designation, now, therefore, be it
RESOLVED, that the Town Board of the Town of Saratoga is hereby designated the “Lead Agency” for the purpose of conducting the S.E.Q.R. review of referenced Coveville/Wilbur Road Towpath Trail Project.
Supervisor Thomas Wood reported that the SEQR for the Coveville/Wilbur Road Towpath Trail Project was completed line by line at the agenda meeting.
On a motion by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin the following Resolution #08-80 Negative Declaration - Coveville/Wilbur Road Towpath Trail 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 proposing the Coveville/Wilbur Road Towpath Trail Project (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 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, the Town has prepared an 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 an "Unlisted 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 Coveville/Wilbur Road Towpath Trail Project and its environmental effects as the Town has deemed appropriate, the Town makes the following findings:
(a) The plan is described in the EAF;
(b) The Plan constitutes an "Unlisted 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.
State Environmental Quality Review
Notice of Determination of Non-Significance
Project Number: 07039 Date: June 9, 2008
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: Coveville/Wilbur Road Towpath Trail Project
SEQR Status: Type 1 __
Conditioned Negative Declaration: ___Yes
Description of Action:
The Town of Saratoga Towpath Trail project consists of the design, permitting, and construction of (2) two segments of a bicycle/pedestrian trail system along the historic Old Champlain Canal Towpath. As part of the Erie Canalway National Heritage corridor, the Town of Saratoga Tow Path Trail project represents a unique opportunity to preserve and enhance an existing historic resource.
The proposed trail system will be sited within the limits of the Champlain Canal towpath. The trail will consist of an 8' wide crusher run limestone (stone dust) surface with 2-foot wide shoulders. A gravel parking area is proposed at the Coveville trail segment; parking at the Wilbur Road trail segment will be accommodated within an expanded highway shoulder. All portions of the trail will be in compliance with the Federal Americans with Disabilities Act.
The proposed project will have no impact on state or federal wetlands.
The proposed project will have no impact on state or federal ecological resources.
The proposed project will have no impact on cultural resources in or eligible for inclusion in the State or National Register of Historic Places.
Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Coveville & Wilbur Road Towpath Trail – part of the Erie Canal way National Heritage corridor
Reasons Supporting This Declaration:
The Town of Saratoga finds that the Towpath Trail project is guided by, and therefore consistent with, the Town of Saratoga’s philosophy for guiding and managing future open space conservation and preservation initiatives, as outlined in the Town of Saratoga’s 2002 Comprehensive Land Use Plan. The project has been carefully considered and found to be environmentally sound and of great benefit to the health, safety, and welfare of residents of the Town of Saratoga. Environmental impacts are found to be positive and entirely consistent with the project’s goals to preserve the natural and historic resources contained within the Town and Hudson River corridor.
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication in the ENB)
For Further Information:
Contact Person: Thomas N. Wood III, Supervisor
Address:Saratoga Town Hall, 30 Ferry Street, P.O. Box 38, Schuylerville, NY 12871
Telephone Number: (518) 695-3644 (ext. 14)
For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:
Chief Executive Officer, Town/City/Village of Town of Northumberland, Bill Peck, Supervisor
Other involved agencies (if any):
Applicant (if any)
Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany, NY 12233-1750 (Type One Actions Only)
On a motion by Councilwoman Betty Koval and seconded by Councilman Michael McLoughlin the following Resolution #08-81 Saratoga Builders/Burgoyne Estates – Letter of Credit Reduction 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, following consultation with the Town Engineer and the Town Highway Superintendent, the Town Board has determined that construction of Anthony Lane, a roadway in the Burgoyne Estates subdivision in the Town of Saratoga, has sufficiently progressed to allow the reduction of a certain letter of credit issued in favor of the Town, it is now therefore
RESOLVED, that the letter of credit issued to the Town by Adirondack Trust Company to secure the performance of Saratoga Builders, LLC, in connection with the construction of Anthony Lane in the Burgoyne Estates subdivision, may be reduced immediately from the amount of $200,000, to $50,000.
On a motion by Councilman Michael McLoughlin and seconded by Councilwoman Betty Koval the following Resolution #08-82 Amending Resolution #08-67 to add Saratoga Lake to the NYS Open Space Plan for Region 5 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 Department of Environmental Conservation and the New York State Office of Parks, Recreation, and Historic Preservation have started the cycle to update New York State's Open Space Plan; and
WHEREAS, projects within this plan receive priority during state funding cycles like the Environmental Protection Fund and New York State Agriculture PDR programs; and WHEREAS, during the next two months the Farmland and Open Space Committee of the Saratoga County Board will be considering additions to the New York State Open Space Plan and
WHEREAS, the process is that the county recommends to the Region 5 Committee, who then recommends to New York State and
WHEREAS, the new plan is expected to be in draft by the fall of 2008 and adopted in the spring of 2009; now therefore be it
RESOLVED, that the Town of Saratoga requests that the Fish Creek Corridor and Saratoga Lake be considered for inclusion in the New York State Open Space Plan.
On a motion by Councilman Fred Drumm and seconded by Councilman Charles Hanehan the following Resolution #08-83 Grant Application to OPRHP for Town Recreation Park 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, that Thomas N. Wood III, 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 accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Saratoga for a Town of Saratoga Recreation Park, located at Route 29, just west of the intersection of Louden Road and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.
Supervisor Thomas Wood reported on the following:
v Thank you to the board from Dottie Kozersky for the Donation to Over the Rainbow for Children.
v Sundae on the Farm – Sunday, June 22 at King Ransom Farm
v Donna Dyer, License Sales Supervisor, DEC, announced that the state’s annual free fishing weekend is scheduled for June 28th and June 29th. On that weekend residents do not need to have a fishing license anywhere in NYS.
Privilege of the floor:
Roger Sherman inquired if there was any follow up on his request last month for a Hazardous Waste Collection Day this summer. Supervisor Thomas Wood responded that the other towns that we participate with do a collection day every other year, so it should be next summer. Supervisor Thomas Wood added that he has met with Zoning Officer Gil Albert and an individual that would work with the town for a collection day for batteries and tires. Roger Sherman then suggested that the town’s Hazardous Waste Collection Day be held prior to the Village of Schuylerville’s Spring Clean-up so that TV’s would be disposed of in an environmentally safe way instead of being brought to Hiram Hollow and buried. Roger then inquired if the corner school space assignments have been given out. Supervisor Thomas Wood responded only preliminarily. Roger Sherman stated that if a bay of the bus garage could be used for the Food Pantry they would like to apply for a grant for shelving. Supervisor Thomas Wood stated that a bay is available. Councilman Michael McLoughlin added that Rebuilding Together has offered to help assemble the shelving for the Food Pantry. Supervisor Thomas Wood reported that he has had an offer of free used office equipment that may also be available. Roger Sherman thanked the board for their help with the Food Pantry site.
Steve Bodnar reported that there is a huge pile of tires located in a field off Swamp Road that someone has been dumping there. Supervisor Thomas Wood offered to share that information with DEC as it is a violation of Environmental Laws.
v Agenda meeting – Thursday, July 10, 2008 at 7:00 p.m.
v Regular town board meeting – Monday, July 14, 2008 at 7:00 p.m.
Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #8-84- Approving the payment of bills in Abstract 6G 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 6G (06/09/2008) in the following amounts: General A $17,034.14, General B $1,274.95, Building Reserve H $325,000, and Highway Outside DB $12,202.92 for a total expense of $355,512.01.
A motion to adjourn at 8:41 p.m. was made by Councilman Fred Drumm and seconded by Councilwoman Betty Koval. Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan - aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin - aye. Carried 5 – 0.