Draft

MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA,

�30 FERRY ST., SCHUYLERVILLE, NY

May 8, 2006

7:00 P.M.

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: Highway Superintendent Dave Hall, Assessor/Bookkeeper Catherine DeFelice, Deputy Town Clerk Linda McCabe, Town Attorney William Reynolds, Justice Jack Ditch, Zoning Officer Robert Hathaway, Gene Derby, Byron Winney, Sherry Doubleday, Dick Behrens, Stephen Bodnar, Clarence Fosdick, and Jim Gorham.

Recognitions/Presentations/ Bid openings/ Public Hearings:

Public Hearings:

Local Law #3 of 2006 � Temporary Moratorium on Adult Use Businesses

Proof of Legal Notice in the Saratogian on 4/25/2006 having been furnished, Supervisor Thomas Wood opened the public hearing at 7:04 p.m. and explained the Rules of the Board for conducting public hearings.� No one came forward to speak.� Councilman Charles Hanehan made a motion to close the public hearing at 7:05 p.m. and Councilwoman Betty Koval seconded it.�

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and Councilman Michael McLoughlin � aye.� Carried 5 � 0.��

Local Law #4 of 2006 � Adoption of the Code of the Town of Saratoga

Proof of Legal Notice in the Saratogian on 4/25/2006 having been furnished, Supervisor Thomas Wood opened the public hearing at 7:08 p.m. and explained the Rules of the Board for conducting public hearings.� No one came forward to speak.� Councilman Fred Drumm made a motion to close the public hearing at 7:09 p.m. and Councilman Michael McLoughlin seconded it.�

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and Councilman Michael McLoughlin � aye.� Carried 5 � 0.

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Bid Opening � 2001 Ford F-350, 4x4 pickup � Supervisor Thomas Wood explained that since the legal advertisement did not specify that a snow plow was included with the pickup it was decided to readvertise the truck and open the bids at the June 12^th meeting.�

Bid Opening - 1968, 951 CAT Crawler Loader � the bids were opened as follows:

Auer Builders, LLC, P.O. Box 2229, Ballston Spa, NY �� $5,500.00

Ralph Arnold, 89 Hall Hill Rd., Lake Luzerne, NY�� 2,501.00

Phil Merolla, 150 Meehan Rd., Mechanicville, NY�� 4,555.00

Winney�s Farm, 113 Willey Dr., Schuylerville, NY�� 5,200.00

Tom Curtis, 4167 State Rte. 40, Argyle, NY�� 4,751.00

Robert Clark, 4652 Sacandaga Rd., Galway, NY�� 3,262.00

James E. Walker Jr., Box 543, Glens Falls, NY�� 1,701.00

Al Symington, 1190 Brookview Station Rd., Castleton, NY� �� 4,877.77

Approval of Minutes: A motion was made by Councilman Michael McLoughlin�� and seconded by Councilwoman Betty Koval to accept the minutes of the April 10th, 2006 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 April 2006: Fees paid to the County Treasurer for Dog Licenses $203.75. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $57.00. Fees paid to New York D.E.C. for hunting and fishing licenses $338.58. Fees paid to the New York State Health Department for Marriage licenses $22.50. Dog license fees to Supervisor Thomas Wood $555.25. Clerk fees to Supervisor Thomas Wood $91.92. Total State, County, and Local Revenues received were $1,269.

Zoning Officer�s report: Zoning Officer Robert Hathaway gave his April 2006 report: 13 Building Permits and 5 CO�s were issued and 21 building inspections were done, 3 Junk yard permits were issued, 2 fire inspections were done and 1 Order to Remedy was issued.� A check for $2,000 was given to Supervisor Thomas Wood.�

Dog Control officer�s report for April 2006: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 19 complaints, took 5 dogs to the shelter, traveled 350 miles, issued 9 warnings and 3 summonses were issued.�

Town Court report: Justice Jack Ditch read the court report and the following cases were closed in April 2006: 74 Vehicle & Traffic, 8 Criminal/Penal Law, 4 DEC/ENCON, 1 Dog cases, 2 DWI, 2 Town & Village Ordinance, 1 Small Claims/Civil, 0 Evictions, 2 Bench trials, 2 (case transfers) Divestiture Forms sent to County Court, 16 attended the Science of Speed School, 0 Defendants sentenced to probation, 225 hours of community service issued, 0 days of jail time issued, 1 Order of Protection issued, and $6,585 in fees were paid to the NY State Comptroller.�

Historian�s report: Sean Kelleher gave his Historian�s report to the board.� He stated that development and historical preservation continue to be important issues for the Historian�s office.� The issue of preserving cemeteries has come to the forefront.� Assistant Historian Pat Peck is working on researching the local zoning laws of Wilton and Milton for use in the town�s zoning amendments to safeguard, preserve, and protect our local cemeteries.� Historian Sean Kelleher is also working with the planning board to make sure that cemeteries and historic markers are noted on maps so that preservation can be considered when subdivision and development takes place.

Historian Sean Kelleher reported that Saratoga PLAN is working with the Town of Saratoga and our neighbors to identify locations in our community which may have played important roles in the Battles of Saratoga and to develop a preservation plan for those properties.�

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He added that the Saratoga National Historical Park has begun work on the opening of Victory Woods. The project is under the leadership of Chris Martin, Chief of Natural Resources at the park and it is asked if people have concerns please contact him at 664-9821 ext. 215.

Supervisor�s report: Supervisor Thomas Wood presented April 2006 balances in Town funds as follows: General A $961,484.58 ($50,000. of this is Park Reserve), General B $124,567.62, Highway Outside $116,129.31, Youth Recreation & Services $467.63, Highway Equipment Reserve $45,707.16, Building Reserve $967,656.89 and Fire Protection $0.� April revenues were $175,877.71 and expenses were $218,899.11.� The total April 2006 balance is $2,216,013.19.

Public comments on agenda items: name & subject

No one came forward to speak.

Committee reports:

Highway: Highway Superintendent Dave Hall reported that the new Fork Pickup has been put in service.� Two trucks have been painted and new electric tarps installed.� Culverts on Chapman Hill Road were replaced today; a telephone pole has been removed from the shoulder on Louden Road; and ditching on Sweet Road has been completed.� He stated that the price of asphalt has increased $5.25 per ton this month.� Resurfacing should begin within the next few weeks.� An inspection and videotaping of Burgoyne Road was done with Saratoga Builders.� Current imperfections in the road were documented.� Highway Superintendent Dave Hall, Town Engineer Kenneth Martin, and development engineers of the Neilson Landing subdivision met and documented the problems with the road.� The areas of concern will be corrected and further inspection is planned.

Landfill: �Hudson Environmental Services, Inc. provided the results of groundwater samples collected from the town landfill for the first quarter of 2006.� No unusual conditions were reported and all quality control data is within acceptable limits.�

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Insurance: �No report.

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Youth: �No report.

Buildings:� No report.

Senior Citizens:� Councilwoman Betty Koval reported that the Old Saratoga Seniors met on April 11^th with 64 attending.� Their guest speaker was author William Butts a WWII veteran of the U.S. Army.� They met on April 25^th and music and singing was provided by Don Young and Frank Orsini.� On May 9^th a speaker from Wesley Nursing Home will speak about Medicare Part D services.� The annual birthday party for senior citizens will be held on June 13^th. No meetings will be held in July or August.� A four-day trip to Kutsher�s Country Club in Monticello is planned for September 6^th.�

Councilwoman Betty Koval reported that the Quaker Springs Seniors met today and John and Lillian Bodnar played music on the violin and keyboard.� A mystery trip is planned for Wednesday, June 21^st.� There are still a few seats available.�� The cost is $40 and reservations are due by May 15^th.�� Contact Henrietta Waldinger at 584-3429 if interested.�

Park Committee: Councilman Michael McLoughlin reported that a clean up day is scheduled for Saturday, May 20^th with May 21^st as the rain date, for the Quaker Springs Mineral Park.� Volunteers are encouraged to contact him.�

Zoning Amendment Advisory Committee (ZAAC):� No report.

Committee to Honor Volunteer Firefighters & Emergency Medical Service Workers Committee:�� Councilman Michael McLoughlin announced that the first meeting is planned for Wednesday, May 10^th at 7:00 p.m. at the Saratoga Town Hall.�

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GSES, QSFD, SLPID/SLA Reports:�

Quaker Springs Fire Department:� Stephen Bodnar presented the board with his monthly report.� He stated that the Quaker Springs Fire Department had a very busy April including one structure fire, numerous accidents and brush fires, plus mutual-aid calls.� They welcomed John Sullivan as a new member.� Many members are taking training courses.� He added that they have begun clearing the land at the site of the new substation on Rt. 9P.

General Schuyler Emergency Squad:� Sherry Doubleday reported that the squad will be busy in May with the Regattas.� A Steering Committee has been organized and a Capital Campaign Committee.� The well for the new building will be dug shortly.� Sherry Doubleday added that the Squad is celebrating their 35^th year and she invited the board to attend the celebration on May 23^rd from 6:30 to 7:00 p.m. for cake and ice cream.� They also have a Variety Show planned for Friday, May 19^th at the Schuylerville Central School as a fundraiser. Sherry Doubleday reported that she will be giving presentations to the kindergarten classes at Schuylerville Central School on May 18^th and 19^th.�

Old business:

Supervisor Thomas Wood reported that the contract with SD Atelier Architecture LLC has been signed and work will begin on the design and site selection for a new town hall.� He added that the next Building Committee Meeting will take place on Wednesday, June 7^th at 6:00 pm.

Notification has been received from Mark Kennedy, Acting Regional Traffic Engineer for the State of New York Department of Transportation, that the speed limit request for County Rd 69 (Coveville Rd) has been denied. �Based on the traffic study it was determined that a reduction of the current 55 mph speed limit is not warranted at this time.�

Resolution #06-59 - Survey Costs of land being acquired in Coveville, parcels # 183.-1-13 & 35 & 36 on a motion by Supervisor Thomas Wood and seconded by Councilman Fred Drumm the following resolution 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 is acquiring two parcels as a gift from Zene Garnsey that were formerly a portion of the Trolley Right-of-Way in Coveville and a previously acquired portion of the Old Champlain Canal in Coveville from Saratoga County, and

WHEREAS, the properties need to be surveyed for accurate deed descriptions, therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment to James Vianna, Land Surveyor, for up to $4,000 from Parks A7110.4.�

Resolution #06-53 - Mass Gathering Permit #1 �Rowing Regatta � May 13^th and May 14^{th� -}�on a motion by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan the following resolution 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 has received and reviewed� the application for a Mass Gathering Permit by the Saratoga Rowing Association for a Rowing Regatta as follows:

Permit #1: �� Saratoga Rowing Association

P.O. Box 750

Saratoga Springs, NY 12866

Contact: Christopher Chase, Regatta Director

Rowing Regatta � NYS Championships, on Saturday, May 13^th and Sunday, May 14^that Fish Creek & NYS Boat Launch/Lee�s Park, Saratoga Lake; and

WHEREAS, the required information has been submitted, as required by Local Law #2 of 2006, reviewed and deemed satisfactory, and

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing on April 10, 2006 for input� by interested persons, and

WHEREAS, the event is desirable for the town, therefore be it,

RESOLVED, by the Town Board of the Town of Saratoga that the permit is granted conditional upon the Town of Saratoga receiving a Certificate of Insurance for the above event naming the Town of Saratoga as additional insured in the amount of $2 million, at least 5 business days prior to the event, and that the event is found to be in compliance with the NYS Department of Health regulations of Chapter 1, Title 10, Part 18 by the NYS DOH, and further be it,

RESOLVED, by the Town Board of the Town of Saratoga to return, within 30 days following the event, a portion of the application fee after expenses for the legal advertising and any other costs incurred in the review and overseeing of the event.

Resolutions 06-54 - Mass Gathering Permit #2 � Rowing Regatta � May 26^th and May 27^{th -} on a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following resolution 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 has received and reviewed an application for a Mass Gathering Permit by the Saratoga Rowing Association for a Rowing Regatta as follows:

Permit #2:�� Saratoga Rowing Association

P.O. Box 750

Saratoga Springs, NY 12866

Contact: Christopher Chase, Regatta Director

Rowing Regatta � High School National Championships, on Friday, May 26^th and Saturday, May 27^that Fish Creek; and�

WHEREAS, the required information has been submitted, as required by Local Law #2 of 2006, reviewed and deemed satisfactory, and

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing on April 10, 2006 for input� by interested persons, and

WHEREAS, the event is desirable for the town, therefore be it,

New business:

Resolution #06-55 � Local Law #3 of 2006 �Temporary Six Month Moratorium on the Establishment of Adult Use Businesses in the Town of Saratoga -

on a motion by Councilman Fred Drumm and seconded by Councilman Michael McLoughlin the following resolution was adopted by Roll Call 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 is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme for adult use businesses in the Town of Saratoga, and

WHEREAS, a local law concerning this issue has been proposed and a public hearing held thereon, and

WHEREAS, the Town Board is of the opinion that an additional period of time is needed in order to adequately review, study and plan for such a land use regulation, now therefore be it,

RESOLVED, by the Town Board of the Town of Saratoga to adopt Local Law # 3 of 2006, a Temporary Six Month Moratorium on the Establishment of Adult Use Businesses in the Town of Saratoga.� (The full text of Local Law #3 of 2006 is in the Local Law Book in the Town Clerk�s Office).

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Resolution #06-56 - Adoption of the Code of the Town of Saratoga (Zoning Regulations not included) � Local Law #4 of 2006 - on a motion by Councilman Fred Drumm and seconded by Councilwoman Betty Koval the following resolution was adopted by Roll Call 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 in an effort to update the current laws and to provide easy access for all townspeople to the laws, ordinances, and certain resolutions of the Town of Saratoga, and

WHEREAS, General Code Publishers, Corp. was hired to put them into a Municipal Code to be designated as the �Code of the Town of Saratoga� and also to make them readily available to the public on our website, and

WHEREAS, a public hearing has been held for input from townspeople, now therefore be it,

RESOLVED by the Town Board of the Town of Saratoga to adopt Local Law # 4 of 2006, the �Code of the Town of Saratoga�.� (The full text of Local Law #4 of 2006 is in the Local Law Book in the Town Clerk�s Office).

Resolution #06-57 � Bid acceptance � 1968, 951 CAT Crawler Loader - on a motion by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin

the following resolution 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 is no longer in need of the 1968, 951 CAT Crawler Loader, and

WHEREAS, the Town Board of the Town of Saratoga has advertised the sale of said equipment, therefore be it,

RESOLVED, by the Town Board of the Town of Saratoga to accept the highest bid for the 1968, 951 CAT Crawler Loader, from Auer Builders, LLC, P.O. Box 2229, Ballston Spa, NY for $5,500.

Resolution #06-58 � Authorizing Justice David Mathis to apply for a Justice Court Assistance Program Grant - on a motion by Councilman Fred Drumm

and seconded by Councilwoman Betty Koval the following resolution 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 recognizes the need for

an upgraded computer system in the court office and a permanent desktop computer in the court room, therefore be it

RESOLVED, that the Town Board of The Town of Saratoga authorizes Justice David Mathis to apply for a Justice Court Assistance Program Grant for the purchase and installation of two networked computer systems.

Supervisor Thomas Wood explained that the NYS Department of Transportation will be doing major resurfacing and related work on Route 4 this summer and there is some money available for developing the boat launch (across from the old Drumm Farm).� The DOT is requesting a design plan in order to go forward with any improvements.� The state would issue the town a Use & Occupancy Permit for the launch site and eventually the town could obtain ownership.� �Resolution #06-60 - Rt. 4 Boat Launch � Funding for up to 1,795 for a Plan - on a motion by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin� the following resolution 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 is looking to acquire a Use and Occupancy Permit from the NYS Dept. of Transportation for the Rt. 4 Boat Launch site and a Design Plan is required, therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of up to $1,795 for a plan, to be paid from Parks A7110.4.�

Resolution #06-61 to spend $1,750 for a Baseball Dug-Out for the Old Saratoga Athletic Association at Ft. Hardy Park - on a motion by Councilwoman Betty Koval and seconded by Councilman Michael McLoughlin the following resolution 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 has budgeted $2,000 for Playgrounds & Recreational Centers and the OSAA has requested $1,750 for a Dug-out at Ft. Hardy Park, therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of $1,750 to the OSAA for the purchase of a Dug-out from Playgrounds & Recreational Centers� B7140.4.�

Supervisor Thomas Wood reported that the County of Saratoga has adopted a Local Law regulating residency and other activities of sex offenders in an effort to protect children from sex offenders who have committed sexual offenses against minors.� One intent of the law is to prohibit sex offenders from residing or having employment within one thousand feet of areas and facilities that would provide them easy access to potential victims.

The Champlain Canal parcels of 9.5 acres and 2.5 acres acquired from Saratoga County last month have been officially recorded.� Clearing and surveying will be done in the future and they will be used for hiking and biking trails.�

Communications:

Saratoga County Public Health Director Helen Endres issued a Press Release regarding the need for rabies awareness as it continues to be a serious public health problem in New York State.� Routine inquiries and requests for information can be obtained by calling 584-7460 during normal business hours. After hours, for calls relating to exposures, contact the agency number; and you will be put through to �on call� staff that will assist with the appropriate follow up.� The Saratoga County Animal Shelter holds Rabies Vaccination Clinics on a regular basis.� There is no charge for the vaccination.� The Saratoga County Animal Shelter can be contacted at 885-4113 for further information on clinic dates and times.�

Saratoga County will be hosting the Vietnam Veterans Memorial Moving Wall, June 8^th through June 12^th.� The memorial display will be located in the Shenantaha Park, Eastline Road, Malta.� Volunteers are needed for various duties. If you are interested in volunteering please call the Saratoga County Veterans� Agency at (518) 884-4115.

Privilege of the floor:

Justice Jack Ditch commended the board on the dug-out contribution to the OSAA.� He reported on the Kite Flying Event scheduled for May 21, 2006 from 2:00 to 4:00 pm at Saratoga Apple, Rt. 29, Schuylerville.� He noted that Park Rangers will be on hand to serve as guides and that the children will be divided into age groups. He added that there will be a kite making event at the Schuylerville Public Library on May 15^th. ��

Upcoming meetings:

a. Building Committee meeting, Wednesday, June 7, 2006 at 6:00 p.m.

b. Agenda meeting � Thursday, June 8, 2006 at 7:00 p.m.

c. Regular town board meeting � Monday, June 12, 2006 at 7:00 p.m.

Audit the Bills: Per abstract for the period 5/8/2006 (4G): General A $27,691.12, General B $3,672.49, Highway Outside $13,433.18, Youth $0, and Highway Reserve $22,511 for a total expense of $67,307.79.

A motion to adjourn at 8:25 p.m. was made by Councilman Charles Hanehan and seconded by Councilman Fred Drumm.� Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan - aye, Councilwoman Betty Koval � aye, and Councilman Michael McLoughlin - aye.� Carried 5 � 0.

Respectfully Submitted,

Ruth Drumm

Town Clerk

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Return to 2006 Town Board Files

Buildings:� No report.

Park Committee: Councilman Michael McLoughlin reported that a clean up day is scheduled for Saturday, May 20th with May 21st as the rain date, for the Quaker Springs Mineral Park.� Volunteers are encouraged to contact him.�

Zoning Amendment Advisory Committee (ZAAC):� No report.

Rowing Regatta � NYS Championships, on Saturday, May 13th and Sunday, May 14th at Fish Creek & NYS Boat Launch/Lee�s Park, Saratoga Lake; and

Rowing Regatta � High School National Championships, on Friday, May 26th and Saturday, May 27th at Fish Creek; and�

Park Committee: Councilman Michael McLoughlin reported that a clean up day is scheduled for Saturday, May 20^th with May 21^st as the rain date, for the Quaker Springs Mineral Park.� Volunteers are encouraged to contact him.�

Rowing Regatta � NYS Championships, on Saturday, May 13^th and Sunday, May 14^that Fish Creek & NYS Boat Launch/Lee�s Park, Saratoga Lake; and

Rowing Regatta � High School National Championships, on Friday, May 26^th and Saturday, May 27^that Fish Creek; and�