DRAFT MINUTES OF THE

REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 30 FERRY ST.,

SCHUYLERVILLE, NY

Monday, September 12, 2005

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: Town Attorney William Reynolds, Deputy Town Clerk Linda McCabe,�� Highway Superintendent Grant Seymour, Zoning Officer Robert Hathaway, Justice Jack Ditch, Margaret Ditch, Ted Munn, Gene Derby, Elizabeth Koval, Clarence Fosdick, Meghan Phalen, Sherry Doubleday, Geraldine Freedman, and Richard Behrens.

 

Approval of Minutes: All board members had received and read the minutes of the August 8, 2005 meeting.� A motion was made by Supervisor Thomas Wood and seconded by Councilman Fred Drumm to accept the minutes of the August 8th meeting as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.�

 

Town Clerk�s report, August 2005: Fees paid to the County Treasurer for Dog Licenses $91.65. Dog license fees paid to the NYS Dept. of Agriculture and Markets $27.00. Fees paid to New York D.E.C. for hunting and fishing licenses $2,436.99. Fees paid to NYS Health Dept. for Marriage Licenses $157.50. Dog license fees to Supervisor Thomas Wood $253.35. Clerk fees to Supervisor Thomas Wood $346.96. Total State, County, and Local Revenues received were $3,313.45.

 

Zoning Officer�s report, August 2005: 9 Building Permits, 5 C.O.�s, 21 Building inspections, and one perc test was done. A check for $1,035.00 was given to Supervisor Thomas Wood.� In light of Zoning Officer Robert Hathaway�s request to increase Building Permit Fees, Supervisor Thomas Wood supplied the board with Building Permit fees of neighboring towns so that a comparison could be made.��

 

Dog Control Officer�s report, August 2005: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 30 complaints, traveled 250 miles, took 3 dogs to the shelter, issued 8 warnings, and 16 summons� were issued.�

 

Town Court report: Justice Jack Ditch reported the following cases were closed in August: 85 Vehicle & Traffic, 16 Criminal/Penal Law, 17 DEC/ENCON, 12 Dog cases, 3 DWI, 0 Town & Village Ordinance, 11 Small Claims/Civil, 3 Eviction, 0 Divestiture Forms sent to County Court, 405 hours of community service issued, 20 days of jail time issued and fees paid to the NY State Comptroller - $6,782.50.�� Second quarter (ended June 30, 2005) court revenue from the State Comptroller to the Town of Saratoga was $9,520.00.

 

Supervisor�s report: Supervisor Thomas Wood presented August 2005 balances in Town funds as follows: General A $774,838.39, General B $165,019.28, Highway Outside $237,925.62, Youth Recreation & Services $1,553.04, Highway Equipment Reserve $109,592.06, Building Reserve $814,031.76, and Fire Protection $0.00.� August revenues were $127,110.26 and expenses were $137,041.92.� The total August 2005 balance is $2,102,960.15.

 

Supervisor Thomas Wood reported that he has written Senator Joseph Bruno requesting his support for a member item grant of $15,000 for additional items including computers, software programs, a scanner, office equipment and supplies, laptop computer, file cabinets, an audio sound amplification system, tape recorder, VCR/DVD player, video projector, and a large screen TV and cart for training purposes.� He also requested support in obtaining $85,000 in state funds for the improvement of the inadequate and aging water line at North Broad Street that provides municipal water to Town of Saratoga residents.

 

Supervisor Thomas Wood announced that the lawsuit by The Save Southard Road Neighborhood Coalition against the Town of Saratoga Planning Board�s approval of the E.M. Mease�s 11- lot Southard Road subdivision was dismissed by the State of New York Supreme Court Judge Stephen Ferrandino on September 8, 2005.

 

Public comments on agenda items:

Geraldine Freedman asked about the Southard Road subdivision lawsuit and Town Attorney William Reynolds added that the Planning Board�s decision to approve was challenged in court but they were found to have acted appropriately and the petition was dismissed.� Councilman Charles Hanehan thanked Town Attorney William Reynolds, Planning Board Chairman Ian Murray, Town Engineer Kenneth Martin, and all the planning board members for all their efforts and their careful consideration of the application.

 

Margaret Ditch commended Supervisor Thomas Wood for his initiative regarding the grant request for water line improvements on North Broad Street for town residents.

 

Clarence Fosdick asked for clarification on the Eminent Domain Resolution that is on the agenda.� Supervisor Thomas Wood explained that the board supports the use of Eminent Domain for government activities but not for economic development.

�

Committee reports:

Highway: Highway Superintendent Grant Seymour reported that they have started on resurfacing Burgoyne Road and are putting a binder down.� He estimated that the top coat would be started next week.� He stated that the new roller and truck are in and working well.� Next month bids will be sought for #2 heating oil, diesel fuel, winter sand, and #4 gravel.� The old truck will be put up for bid also.� He added that the Village of Schuylerville is interested in the old roller.� Supervisor Thomas Wood asked Highway Superintendent Grant Seymour to check on what would be a fair price for the roller.� It was noted that the NO DUMPING signs have been placed in the Saratoga Lake area and that the highway crew has volunteered to remove the brush from the improvement project at Ft. Hardy Park.�

 

Landfill: No report.

 

Insurance: No report.

 

Youth Committee report: Supervisor Thomas Wood stated that Youth Day, held last Saturday, September 10th,,was well attended and a huge success.

 

Buildings: Supervisor Thomas Wood reported that the eighth meeting of the Building Committee met on September 7th. The draft RFP (Request for Proposal) for the architectural and engineering services needed was reviewed and changes were made to it.� Supervisor Thomas Wood will meet tomorrow, September 13th, with Town Engineer Kenneth Martin to review the changes and further improve the RFP.� It will be put out for bid after the town board approves it.� Supervisor Thomas Wood stated that he continues to visit other new or remodeled town halls to see what they have done.� The next meeting will be Wednesday, October 5, 2005.

�

Senior Citizens report: No report.

����

Park Committee report: Councilman Michael McLoughlin reported that he has spoken with Attorney Livingston Coulter regarding getting a quitclaim deed for the Quaker Springs Mineral Park property.�� Town Attorney William Reynolds added that the quitclaim deed should come from Attorney Livingston Coulter and that the by-laws of the Quaker Springs Mineral Springs Association are also needed.� Councilman Michael McLoughlin stated he would speak to him again.���

 

Zoning Amendment Advisory Committee (ZAAC):

Councilman Charles Hanehan reported that his subcommittee met a couple of weeks ago and plans to meet again tomorrow night.� He added that there is a lot to cover, with organizational matters and many other issues that cannot be rushed but they are making progress.�

 

Councilman Fred Drumm reported that his committee will meet once more in October and their recommendations will be typed up and presented to the full committee when they meet again.��

 

Old Business:

Resolution #05-79 - Town Policy to Petition the County and State Legislature to Protect Private Property Owners, Including Homeowners and Small Businesses, from Eminent Domain for Economic Development was introduced by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin as follows:

 

RESOLVED, that:

(1)   The Town Board of the Town of Saratoga-

(A) disagrees with the majority opinion in Susette Kelo v. City of New London in its holdings that effectively negate the public use requirement of the Takings Clause; and

agrees with the dissenting opinion in Susette Kelo v. City of New������������������ London in its upholding of the historical interpretation of the Takings Clause and its deference to the rights of individuals and their property; and

(2)   �it is the sense of the Town Board of the Town of Saratoga that-

����������������� (A) state and local governments should only execute the power of eminent

domain for those public uses that comply with the Takings Clause of the Fifth Amendment;

(B) state and local governments must always justly compensate����������������������������������� individuals whose property is assumed through eminent domain in����������������������������������� accordance with the Takings Clause of the Fifth Amendment;

��������������� (C) any execution of eminent domain by state and local government that does

comply with subparagraphs� (A) and (B) constitutes an abuse of government power and an usurpation of the individual property rights, contrary to the Takings Clause of the Fifth Amendment;

(D)  eminent domain should never be used to advantage one private party over

another;���������������������������������������������������� �������������������������������������������������

(E)   eminent domain should never be used solely for the purpose of economic

development and/or to increase tax revenues;

(F)   eminent domain should be solely used to acquire private property for public use, e.g., highways, bridges, schools, parks, public utilities, dams, and other civic works directly used by the public;

(G)  the Town Board of the Town of Saratoga hereby establishes a policy to limit its use of eminent domain to the public uses expressly outlined in this

resolution and in accordance with the dissenting decision in Susette

Kelo v. City of New London; and

(H)  the Town Board of the Town of Saratoga hereby petitions the State

Legislature to adopt statutory limitations on the use of eminent domain

By the State of New York and its departments, agencies, development

corporation, and authorities to limit the use of eminent domain to the

public uses expressly outlined in this resolution and in accordance with

the dissenting decision in Susette Kelo v. City of New London. ����������� �����������

This Resolution shall take effect immediately.

The Town Clerk is authorized and directed to transmit copies of this Resolution to:

Governor: George E. Pataki

New York State Senator: Joseph Bruno

Member of the New York State Assembly: Sheldon Silver

Chairperson Saratoga County Board Supervisors: Mary Ann Johnson

 

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.� (The full text of this resolution is on file in the Town Clerk�s office.)

 

Supervisor Thomas Wood informed the board that a conference on Eminent Domain will be given in Latham on October 27th.� He also announced that the next Budget Workshop meeting will be Monday, September 19, 2005 @ 6:00 p.m. and Dick Behrens will be attending to explain the General Schuyler Emergency Squad�s budget.

 

New business:

Resolution # 05-72 - Board of Assessment Review Reappointment of Linda E. Macica to a 5 year term was introduced by Councilman Bruce Cornell and seconded by Councilman Fred Drumm as follows:

WHEREAS, the term of appointment on the Board of Assessment Review for Linda Macica is expiring on September 30, 2005, therefore be it

RESOLVED, that the Town Board of the Town of Saratoga hereby reappoints Linda Macica for another 5-year term from 10/01/2005 � 09/30/2010.���

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

 

Supervisor Thomas Wood explained that the Lead Agency designation, SEQR review and Negative Declaration are needed in order for the Old Saratoga on Hudson Champlain Canal Trail Project to proceed with the project�s improvements.

Resolution # 05-73 Designating the Town of Saratoga as Lead Agency for the Old Saratoga On Hudson Champlain Canal Trail Project was introduced by Councilman Fred Drumm and seconded by Councilman Charles Hanehan as follows:

WHEREAS, the Saratoga Town Board proposes to make improvements to the Old Champlain Pedestrian Trail and,

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 Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

Resolution # 05-75 Negative Declaration for the Old Saratoga On Hudson Champlain Canal Trail Project was introduced by Councilman Michael McLoughlin and seconded by Councilman Bruce Cornell as follows:

WHEREAS, the Town of Saratoga Town Board is the designated �Lead Agency� for the purpose of conducting the Environmental Review of the proposed improvement of the Old Champlain Canal Pedestrian Trail, pursuant to 6 NYCRR Part 617 regulations of the State Environmental Quality Review Act, and

WHEREAS, the �Lead Agency� has caused the appropriate and necessary forms and materials pertaining to its review of the project to be prepared, and��

WHEREAS, upon review of the information recorded on the project Environmental Assessment Forms and consideration of the magnitude and importance of each impact, the �Lead Agency� has reasonably determined that the proposed project will result in no major impacts and, therefore, is one which will not cause significant negative impact to the environment, now therefore be it

Resolved, that this agency, as the designated �Lead Agency�, shall cause the preparation and filing of a Negative Declaration pertaining to the proposed Action in accordance with prescribed regulations.����

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

 

Resolution # 05-74 - Old Saratoga Pocket Parks � Use & Occupancy Agreement, Highway Use Permit and release of RFPs was introduced by Councilman Charles Hanehan and seconded by Councilman Fred Drumm as follows:

WHEREAS, the Town has received a grant to plan and develop a series of Pocket Parks in the area known as Old Saratoga; and

WHEREAS, the Town has funds to construct site improvements for the Old Saratoga Pocket Park known as H/I French and Indian War Forts; and

WHEREAS, the Town has received design approval from NYSDOT for the site improvements of the above mentioned Pocket Park; and therefore be it

RESOLVED, to authorize the Town to engage in a Use and Occupancy agreement with NYSDOT for the above mentioned Pocket Park site improvements in the Highway

right-of-way on US Rt. 4, 1 mile south of the Village of Schuylerville line; and further be it

RESOLVED, to authorize the Town to utilize a Highway Work permit to make the site improvements; and further be it

RESOLVED, to authorize the Town to release RFPs for landscape contractor services, and engage in necessary contracts with the selected contractor, to make the site improvements for the Old Saratoga Pocket Parks.�

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

 

Resolution # 05-76- Historic Records Grant Clerk Appointments was introduced by Councilman Fred Drumm and seconded by Councilman Bruce Cornell as follows:

WHEREAS, the Town of Saratoga has been awarded a Historical Records Grant from the Local Government Records Management Improvement Fund in the amount of $9,856.�

WHEREAS, the Town of Saratoga is the lead agency on behalf of a cooperative which includes the Towns of Saratoga and Stillwater and the Villages of Victory, Schuylerville and Stillwater and the grant funding will support planning and inventory of the historical records in the various municipal Historians' offices.�

 

WHEREAS, the grant provides for the hiring of� Historical Records Clerks, therefore be it

RESOLVED, that the Town Board of the Town of Saratoga appoints Linda Palmieri, Kristina Saddlemire Reese, Patricia Peck, and Sean Kelleher as the Historical Records Clerks at $15 an hour with no benefits as provided in the grant.� Each applicant has experience working as a municipal historian and more than one year experience with historical or archival records.� The Records Clerk will sort and organize the historical and archival records by record series, label boxes, number shelving units/boxes, remove duplicate and obsolete information, and complete destruction forms.��

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

 

Resolution # 05-77 - Transfer of funds was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm as follows:��

WHEREAS, the Town Board of the Town of Saratoga recognizes the need for a fund transfer to cover additional expenses incurred by the town for attorney fees, therefore be it

RESOLVED by the Town Board of the Town of Saratoga to transfer $125 from the Contingency Account # A1990.4 to Account # A1420.4 - Town Attorney, to cover the additional expenses incurred for litigation.

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

 

Resolution # 05-78 - LWRP Grant payment of $2,950 to River Street was introduced by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan as follows:

WHEREAS, the Town of Saratoga has agreed to administer the Local Waterfront Revitalization Plan (LWRP) for� intermunicipal planning for the Hudson River/Champlain Canal Corridor, Contract #C006467, and

WHEREAS, documentation has been provided to verify work completed from July 1, 2005 through September 1, 2005, now therefore be it

RESOLVED, that the Town of Saratoga pay invoice # 1 in the amount of $2950 from account A 7110.4 - Parks payable to River Street Planning & Development LLC, 270 River St., Troy, NY 12180.

Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.

Supervisor Thomas Wood explained that the Local Waterfront Revitalization Plan (LWRP) project has started with a scoping meeting which helped to identify boundaries and to identify sites and areas to be included.� He added that the purpose of the plan is two-fold where the LWRP can open doors for additional grant money and can encourage and stimulate economic growth.��

Supervisor Thomas Wood reported that due to Hurricane Katrina the topic of Disaster Plans has come to the forefront.� Councilman Michael McLoughlin suggested we review our plan and coordinate it with the county.� He added that we need to form a committee to further plan and coordinate responses.� Supervisor Thomas Wood noted that the present plan was updated in 1993.� He added that some towns have continually updated and modernized their plans.� He has obtained the Town of Malta�s, Clifton Park�s, and Saratoga County�s plans to review.� He advised that a broad based committee be formed which should include representatives from the Rescue Squad, Fire Departments, School, State Police, Sheriff�s Department, Town Board, Mayors of Victory and Schuylerville, the Health Officer, a Nurse, Highway Superintendent, Zoning Officer and the Red Cross.� Supervisor Thomas Wood reported that he has two volunteers that want to help the town with the process and would like to work on a detailed database and map with all the town residents logged on.� The board suggested that we review the plans and form a committee before any additional work begins.�

 

Communications:

The Town of Ballston is having an Open House & Dedication of their new Town Hall addition on Saturday, September 17, 2005 from 10:00 a.m. to 2:00 p.m.�

 

The Old Saratoga Athletic Association (OSAA) is holding a Public Hearing on Monday, September 19th at 7:00 p.m. in the Schuylerville Elementary School Cafeteria.� The purpose of the Public Hearing is to bring together all parties to dialogue on the future of recreation in the Greater Schuylerville Region.�

 

The Saratoga County Farm Bureau Tour for town officials and board members is set for Saturday, September 24th from 8:00 a.m. � 11:30 a.m.

 

Notification was received from William Kimball, Division Director of the NYS Agriculture and Markets Division of Agricultural Protection and Development Services, that they are withdrawing the Farmland Protection Implementation Grant of $262,500 awarded to the Town on April 2, 2001 for the Saratoga Apple Farm Purchase of Development Rights.� The funds will be reallocated to a new contract in the next round of Farmland Protection Implementation Grants.

 

Privilege of the Floor:

Sherry Doubleday reported that the General Schuyler Emergency Squad has been notified by Gene Meadows, Executive Director of The Regional Emergency Medical Organization (REMO), that they will be receiving a Certificate of Appreciation from the Hudson-Mohawk Regional EMS Council for 2004 EMS Agency of the Year Award on Monday, September 26, 2005.� She stated that a FEMA grant in the amount of $45,173.00 for new waterproof, blood born pathogen proof jackets and an exhaust system for the garage has been received.

Geraldine Freedman asked who funded the $20,000 Quality Communities Grant and Supervisor Thomas Wood responded that it is funded by the NYS Department of State.� The grant will provide an Open Space & Needs Assessment for the Town of Saratoga and the Town of Northumberland.�

�

Upcoming Meetings:

v     Budget workshop � Monday, September 19, 2005 @ 6:00 p.m.

v     Building committee - Wednesday, October 5th at 6:00 p.m.

v     Town Board Agenda meeting � Thursday, October 6th at 7:00 p.m.

v     Town Board Regular meeting - Wednesday, October 12th (due to the Columbus Day Holiday) at 7:00 p.m.

�

Audit the Bills: Per abstract 09/12/2005 (9G): General A $16,367.68, General B $3,006.18, Youth $950.00, (9H): Highway Outside $57,180.83, and Highway Equipment Reserve $87,814.00 for a total expense of $165,318.69.

�

A motion to adjourn at 8:30 p.m. was made by Councilman Fred Drumm and seconded by Councilman Bruce Cornell.� Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin � absent (left at 8:10 p.m.).

Carried 4 � 0.

 

 

Respectfully Submitted,

 

 

Ruth Drumm

Town Clerk

 

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