DRAFT COPY
REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF
SARATOGA, 30 FERRY ST.,
SCHUYLERVILLE,
NY
November 4,
2004
7:00 P.M.
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 � present, and Councilman Fred Drumm-
present
Also present: Highway Superintendent Grant Seymour, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Deputy Clerk Linda McCabe, Assessor/Bookkeeper Catherine DeFelice, Lynda Teitelbaum, David Teitelbaum, Becky DeWitt, JoAnn Goldblatt, Stephen Goldblatt, James Bulgey, Anthony Holland, Kristi Carrara, Meghan Phalen, Geraldine Friedman, Tim Banks, Leon Reed, David Reulet, Joe Reulet, Bonnie Vidnansky, LaVerne Stiles, Rafael Saakov, Malcolm Stiles, Robin and Chris Barnum, Bob and Karin Gerber, Pat Eustis, Bob Brooks, Dave and Mary Jackson, Daniel Zakowski, and Ted Munn.
Supervisor Thomas Wood gave the Rules of Procedure for Public Hearings, which included a five-minute limit per person on speaking.
Supervisor Thomas Wood explained that the budget is an estimate of revenues and expenses and that he is confident that this budget is reasonable, accurate, and conservative.� He added that the Town of Saratoga would continue to be debt free.� He then covered the three different account areas for expenditures and the primary sources of revenue.� He noted that the budget includes a rate increase of $.23 per $1,000 of assessed value. The new rate is $2.885 per $1,000 assessed values.� Supervisor Thomas Wood explained some of the reasons for the increase.� He stated that since we are a growing town there is need for increases in services that requires more staff time and costs.� We have followed what other towns and the county has allowed for wage increases and that is a 3% increase.� There have been increases in the following areas: parks, record management, health insurance, state retirement, celebrations (signage), building reserve fund, ambulance and fire district.� He added that Saratoga County will be lowering their tax rate by $ .10 per $1,000 assessed value and that the town has returned $150,000 in sales tax revenue reserves to the county to offset county taxes.� Supervisor Thomas Wood reported on how our tax rate compares to our neighboring towns of Northumberland and Stillwater.� Our rate is significantly less than Stillwater�s and a little less than Northumberland�s town tax rate.�
Proof of Notice having
been furnished, Supervisor Thomas Wood opened the Public Hearing on the 2005 Preliminary
Budget:�
Geraldine Friedman inquired on what the total budget was and the amount of the
increase.� Supervisor Thomas Wood
replied that the total budget is $2,256,973 and the increase is $266, 039.
Having heard all persons
wishing to be heard, Supervisor Thomas Wood closed the Public Hearing.
Proof of Notice having
been furnished, Supervisor Thomas Wood opened the Public Hearing on Local Law #9 of 2004
� a zoning amendment removing mining as a Special Permitted Use in the Rural
Residential District:��
The following spoke for Local Law # 9, removing mining from
the Rural Residential District:
Stephen Goldblatt, 113 Chelsea Dr., spoke about our growing town and the need to protect
the majority of the people, that a mine there would be devastating to their
Quality of Life, and the noise pollution caused by machinery back-up noises is
incredible.
Jim Bulgey,
111 Chelsea Dr., voiced concerns about safety, ecology, and environmental
concerns.
Dan Zykowski,
69 Partition St., Rensselaer, spoke of the negative experiences of having a
Valente mine on his street and problems with traffic, dirt, dust, noise and
groundwater problems.
Kristi Carrara, 888 Route 29, traffic concerns regarding the Route 29 corridor.
David Teitelbaum, 118 Chelsea Dr., concerns regarding health, noise, diesel fumes and
air pollution, water and traffic.
Bob Gerber,
121 Chelsea Dr., concerns regarding air quality, water, environmental impact,
and health concerns considering that 25 children reside on Chelsea Dr.
Malcolm Stiles, 35 Louden Rd., traffic concerns.
Anthony Holland, 112 Chelsea Dr., stated maintaining the residential quality of the
area, preserving the natural beauty and rural character of the town as
suggested in the Comprehensive Land Use Plan of the Town of Saratoga as the
reasons he is for the zoning amendment. He also stated two prime dangers
associated with mining operations: noise levels and the destruction of the
potable water supply.
David Reulet,
835 Route 29, water concerns.
Becky DeWitt,
8 Louden Rd., spoke for the amendment.
The following spoke against Local Law # 9 of 2004:
Tim Banks,
R.J. Valente Gravel, spoke about how his operation differs from those
operations of which studies have been based on and presented to the board. The
only equipment that will be used is a bucket loader and dump truck unlike some
mining operations.� He stated that they
would reclaim the land after the mining and return it back to a farmland type
property.� He also stated that they are
not proposing to dig down and are proposing a floor elevation of 225� while Rt.
29 is at 219�. He stated that he felt that he was treated unfairly by the town
in the Special Permit Process and has been denied a fair application process.
He added that they own the land and should have a right to use it.
Since all persons wishing
to be heard had been heard, Supervisor Thomas Wood closed the Public Hearing.
�Approval
of Minutes: All board members received and read the minutes of October 13th,
2004.� A motion was made by Supervisor
Thomas Wood and seconded by Councilman Bruce Cornell to accept the minutes of
the October 13th, 2004 meeting as written. Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman
Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
Town Clerk�s report for October 2004: Fees paid to the County Treasurer for Dog Licenses $65.27. Dog license fees paid to the NYS Dept. of Agriculture and Markets $21.00. Fees paid to New York D.E.C. for hunting and fishing licenses $1,935.09. Dog license fees to Supervisor Thomas Wood $167.73. Clerk fees to Supervisor Thomas Wood $203.91. Total State, County, and Local Revenues received were $2,393.00.
Zoning Officer�s report: October 2004: 12 Building Permits, 6 C.O.�s, and 23 Building inspections were done.�� A check for $1,022.90 was given to Supervisor Thomas Wood.
�
Supervisor�s report: Supervisor Thomas Wood presented October 2004 balances in Town funds as follows: General A $503,614.87, General B $82,965.48, Highway Outside $260,733.93, Youth Recreation & Services $1,119.33, Highway Equipment Reserve $109,022.18, Building Reserve $817,599.45, and Fire Protection $0.00.� October revenues were $159,962.15 and expenses were $86,915.85.� The total October balance is $1,775,055.24.
Supervisor Thomas Wood announced that the Games of Chance proposition on the ballot on Tuesday passed by a vote of 603 to 527.� This will allow the not-for-profit organizations in the town to sell Raffle Tickets and Bell Jar/Pull -tabs.
Supervisor Thomas Wood also announced that David Mathis has been elected as Justice for the Town of Saratoga and offered his Congratulations!�
Highway: Highway Superintendent Grant Seymour reported that things are quiet and the crews continue to work on cleaning out ditches and culverts.� They are readying the trucks and plows for winter.� He added that the winter sand is in and that the price of salt has increased.�
Landfill: Supervisor Thomas Wood reported that the quarterly testing of the landfill has been done and that there are no unusual conditions and all test results were within the allowable limits.
Insurance: Supervisor Thomas Wood explained that the insurance coverage increases that were approved last month are now in place.
Youth Committee report: Councilman Michael McLoughlin commented on the exceptional accomplishments of the Schuylerville Central School Football Team, Girl�s Field Hockey and Cross Country Teams.
Buildings: Supervisor Thomas Wood stated that Town Engineer Kenneth Martin is preparing RFP�s for test borings on the site immediately to the north of the present town hall in an effort to see if it is an acceptable site for a new town hall.� It has also been recognized by SHIPO that a Phase 1A investigation of the proposed town hall site is needed.
Supervisor Thomas Wood mentioned that there was a gas leak at the town offices and that it has been fixed.�
Senior Citizens report: No report.
Park Committee
report: Councilman Michael McLoughlin
reported that he and Supervisor Thomas Wood walked the Quaker Springs
Mineral Springs Pocket Park Site and that the park committee is still in search
of land for a park and recreational facilities.�
Old Business:
Supervisor Thomas Wood introduced Resolution #04-126 and Councilman Fred Drumm seconded it:
WHEREAS,
the Saratoga Town Board proposed to amend it�s Zoning Ordinance by
WHEREAS, the approval of said project
is a �Type 1� action subject to the provisions of the New York State Environmental
Quality Review Act (SEQR) and the regulations (6 NYCRR Part 617) promulgated to
implement said Environmental Quality Review Act, and�
WHEREAS, the provisions of SEQR
require the designation of a �Lead Agency� to determine the environmental
significance of the Action, and
WHEREAS, the Town Board has
determined that no other agencies are involved in the review or approval of the
action, now therefore be it,
Resolved,
that the Town of Saratoga Town Board and the same is hereby designated the
�Lead Agency� for the purpose of conducting the SEQR review and determination
of significance of the proposed action. Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye,
Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
�
Supervisor Thomas Wood introduced Resolution #04-127 and Councilman Fred
Drumm seconded it:
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 zoning amendments and their environmental
effects as the Town has deemed appropriate, the Town makes the following
findings:
(a)�� The
zoning� amendment is described in the
EAF;
(b)�� The
Plan constitutes a "Type 1 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.
Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael
McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0. (The full text of this
resolution is on file in the Town Clerk�s office.)
Having had the public�s input, Supervisor Thomas
Wood introduced Resolution #04-128
and Councilman Bruce Cornell seconded it. Town Attorney William Reynolds asked
to have part of the first sentence in SECTION 1 � LEGISLATIVE FINDINGS of Local
Law # 9, taken out and the board agreed.�
Following input from various
sources has been removed, and the
paragraph now begins with Upon due consideration.� (The full text of Local Law #9 0f 2004 is on file in the Town
Clerk�s office.)�
RESOLVED by the Town Board of the Town of Saratoga to adopt
Local Law # 9 of 2004, a zoning amendment removing mining as a Special Permitted
Use in the Rural Residential District.���
Supervisor Thomas Wood - aye, Councilman Fred Drumm
� aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - aye, and
Councilman Charles Hanehan - aye.�
Carried 5� 0.
(The full text of this resolution is on file in the
Town Clerk�s office.)�
Councilman Fred Drumm introduced Resolution #04-129 and Councilman
Charles Hanehan seconded it:
This Board having, on November 4, 2004 at 7:00 p.m., duly held a public hearing
on the preliminary budget approved by this Board and filed with the Town Clerk
for the fiscal year commencing January 1, 2005, and having heard all persons
desiring to be heard in the matter, and the matter of the budget for this Town for
such fiscal year having been fully discussed and considered, it is
RESOLVED, that said preliminary budget approved and
filed as aforesaid, is hereby adopted and established as the annual budget for
this Town for the fiscal year beginning January 1, 2005, and that such annual
budget as so adopted is detailed in the minutes of the proceedings of this Town
Board.
Supervisor Thomas Wood - aye, Councilman Fred Drumm
� aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - aye, and
Councilman Charles Hanehan - aye.�
Carried 5� 0. (The full text of this resolution is on file in the Town
Clerk�s office.)�
Supervisor Thomas Wood explained the need for an
employee handbook for the town employees. He added that Amtek, Human Resource
Consultants, comes as a highly regarded company in the field of Human Resource
needs.� A meeting is planned with���������� Ronnie Travers of Amtek.
Supervisor
Thomas Wood expressed the need for the organization, accessibility, and ease of
use of our local laws, zoning regulations, and minutes.� Funds for the codification of the town�s
zoning regulations, local laws, and minutes has been provided for in the 2005
budget.� ��Once codified our records would also be available on a website and very
easily searchable along with the records of other municipalities, which will
help us to research different subjects. Request for Proposal�s (RFP�s) will be
advertised.�
New Business:
Councilman Charles Hanehan introduced Resolution #04-130 and Councilman Michael McLoughlin seconded it:
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 #112 for $1,000.00, therefore be it
RESOLVED, that the Town of Saratoga
pay invoice #112 in the amount of $1,000.00 to Center for Heritage Education
and Tourism, 501 State Route 32, Schuylerville, NY 12871 from account # A
7110.4 Parks. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye,
Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - aye, and
Councilman Charles Hanehan - aye.�
Carried 5� 0.
Councilman Bruce Cornell introduced Resolution #04-131 and Councilman Charles Hanehan seconded it:�
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 supplies purchased for work on the Schuylerville Visitors
Center exhibit, invoice #2433 for $1,007.00, therefore be it
RESOLVED, that the Town of Saratoga
pay invoice #2433 in the amount of $1,007.00 to Wayland Design, 100 Main
Street, Delhi, NY 13753 from account # A 7110.4 Parks.
Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye,
Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
Supervisor Thomas Wood introduced Resolution #04-132 and Councilman Fred Drumm seconded it:
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 services provided from 7/01/04 through 8/31/04, now
therefore be it
Resolved, that the Town of Saratoga
pay invoice number 14-05 in the amount of $2,000 from account A 7150.4 Special
Recreational payable to Lakes to Locks Passage, Inc., 814 Bridge Road, Crown
Point, NY 12928. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye,
Councilman Bruce Cornell � aye, Councilman Michael McLoughlin - aye, and
Councilman Charles Hanehan - aye.�
Carried 5� 0.
�
Councilman Fred Drumm introduced Resolution #04-133 and Councilman Bruce Cornell seconded it:
WHEREAS,
the Lakes to Locks Passage has been working closely with the Town of Saratoga
in developing a network of interpretive Pocket Parks, and
WHEREAS, a grant will provide enough
funds for the construction of the Pocket Parks, and
WHEREAS, one of the Pocket Parks will
be located on Route 4 south of the Village of Schuylerville in the Town of
Saratoga, and
WHEREAS, this pocket park will focus
on the Early French and Indian War Forts and the General Burgoyne Sword
Surrender Site, therefore be it,
RESOLVED, that upon the completion of
the pocket park in the year 2005 that the Town of Saratoga agrees and commits
to the New York State Department of Transportation to permanently maintain or
make arrangements with others to maintain the area.�
Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye,
Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
Supervisor Thomas Wood introduced Resolution #04-134 and Councilman Charles Hanehan seconded it:
WHEREAS, the Town of Saratoga on
behalf of a cooperative, which includes the Town of Saratoga and Stillwater and
the Villages of Victory, Schuylerville, and Stillwater, is requesting funds to
plan and inventory the historical records in the various municipal Historians
offices, and
WHEREAS,
the Town Board recognizes the need to develop a plan to allow for the
appropriate management of the town�s historical records, therefore be it�
RESOLVED, that the town board of the
Town of Saratoga supports the application for a grant from the State Archives�
Local Government Records Management Improvement Fund (LGRMIF) to inventory and
briefly describe the records held by the Historian�s office in the
collaboration and to develop a records management plan for the historical
records collections in the collaboration. Supervisor Thomas Wood - aye,
Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye, Councilman Michael
McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
Councilman Charles Hanehan introduced Resolution #04-135 and Councilman Bruce Cornell seconded it:
WHEREAS, the Town Board of the Town of Saratoga recognizes
the need for a fund transfer to cover additional expenses incurred by the
justice department, therefore be it
RESOLVED by the Town Board of the
Town of Saratoga to transfer $199.61 from the Contingency Account # A1990.4 to
Account # A1110.4 Justices, to cover the additional expenses
incurred for training.� Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Bruce Cornell � aye,
Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
Supervisor Thomas Wood spoke about the proposed telecommunications tower by Cingular Wireless on Hayes Road in the Rural Residential District of the town.� Telecommunications towers are only allowed in the Rural District, so they are before the Zoning Board of Appeals for a use variance.� They have been asked to look into sites in the Rural District where they are a permitted use.� Supervisor Thomas Wood mentioned that the town landfill on Hayes Road might be a good site for consideration as it is nearby, and is in the Rural District.� He noted that this could be a revenue generator for the town.� Cingular Wireless has agreed to present other possible sites in the Rural District to the Zoning Board of Appeals.
Communications: Supervisor Thomas Wood read a letter from Stephen Dorsey, First Assistant County Attorney, notifying the town that a public hearing will be held by the Saratoga County Sewer District No. 1 on November 10th at 9:00 a.m. at the Board of Supervisors� Chambers in Ballston Spa regarding the proposed sewer rates for 2005.�
Privilege of the floor:
David Tietlebaum thanked the board for their support in passing Local Law #9 of 2004,
removing mining as a Special Permitted Use in the Rural Residential District.�
�
The next agenda meeting will
be Thursday, December 9, 2004 and the regular board meeting will be Monday,
December 13, 2004 at 7:00 p.m.
Audit the Bills: Per abstract 11/04/2004 (11G): General A $16,760.17, General B $778.37, Youth $0, (11H): Highway Outside $16,138.61, for a total expense of $33,677.15.
�
A motion to adjourn was made by Councilman Charles Hanehan
at 8:51 p.m. and Councilman Fred Drumm seconded it. Supervisor Thomas Wood �
aye, Councilman Fred Drumm � aye, Councilman Michael McLoughlin � aye,
Councilman Bruce Cornell � aye, and Councilman Charles Hanehan - aye.� Carried 5� 0.
Respectfully Submitted,
Ruth Drumm, Town Clerk