ORGANIZATIONAL MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 12 SPRING ST.,

SCHUYLERVILLE, NY

 

January 11, 2016

7:00 P.M.

 

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

 

Roll call: Linda McCabe, Town Clerk, called the roll.  Supervisor Thomas Wood- present, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan- present, Councilman James Jennings – present, Councilman Gary Squires - present

 

Also present:  Deputy Town Clerk Michelle Conover, Town Attorney William Reynolds, Zoning Officer Gil Albert, Highway Superintendent Don Ormsby Jr., Wendy Lukas, Ian Murray, Randall Odell, Lauren Kirkwood, Jean Seiler, Maribeth Macica, Marjorie McShane, Sergei Nirenburg, Hubert Miller and Thomas Yannios.

 

Recognitions/Presentations/ Bid openings/ Public Hearings:

Public Hearing:  Supervisor Thomas Wood explained that the Town applied for and received a sizeable CDBG Grant for the purposes of helping residents rehabilitate their homes and, if needed, for the replacement of mobile homes.  The grant was in the amount of $400,000.00 for 12 units which are comprised of single family homes to be rehabilitated and/or mobile home replacement.  To date 8 projects are complete, 4 are in progress and 3 are on the waitlist.  There is $40,913.00 remaining of that grant money and continuing at the current pace, the CDBG program will exceed all of the milestones that were projected.  The public hearing is a requirement of the grant to give the public opportunity to voice any comments and or concerns they have. 

Proof of Advertising having been provided, Supervisor Thomas Wood opened the Public Hearing for the CDBG Grant at 7:07 p.m., asking those wishing to speak to please state their name and address; no one spoke. 

A motion was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to close the public hearing at 7:08 p.m.  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

 

Supervisor Thomas Wood stated that prior to an adoption of a proposed town law, the Town Board must designate a ‘Lead Agency’ for the purpose of conducting a state environmental quality review (SEQR) of the proposed action and determine that the action to enact an amendment of the Zoning Ordinance of the Town of Saratoga will have no significant effect on the environment.  Lead Agency and SEQR review was conducted at the regular agenda meeting of the Town Board of the Town of Saratoga on January 7, 2016 for proposed Local Law #1 and Local Law #2 of 2016.  (Resolutions #16-31, #16-32, #16-34 and #16-35 are on file in the Clerk’s office)

Supervisor Thomas Wood then stated due to conversations with Town Attorney William Reynolds, amendments to the proposed Local Law 1 have been made.  Proposed Local Law #1 of 2016 will read as follows: 

‘The inside or outside parking, cleaning, maintenance or storage of commercial vehicles or of construction related equipment, other than a commercial pickup truck or a compact tractor, and the outside storage of construction materials on premises in the Rural District II and Lake Residential zoning districts is prohibited, except during the active loading or unloading of merchandize, the active performance of a commercial service for the premises, or in conjunction with a permitted construction project.’

A motion to amend proposed Local Law #1 of 2016 was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan.   Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

 

Proof of Advertising having been provided, Supervisor Thomas Wood opened the Public Hearing at 7:13 p.m. for Local Law #1 of 2016 – Additional Regulations for Rural District II and Lake Residential District, asking those wishing to speak to please state their name and address. (A copy of Local Law # 1 is attached to Resolution #16-33 which will be voted on under New Business.)

 

Hubert Miller, 97 Brown Rd., stated his concerns with the verbiage and enforcement of town laws.

 

Randy Odell, 99 Brown Rd., stated he’d like to see the Zoning Officer given authority to drive on-site and inspect properties when he notices something amiss without having to get the owner’s permission.  He would like to see many of the loopholes closed in the town laws and for the town to stop issuing 6 month building permit extensions.  If an extension to a permit is given, then be sure that the project it is given for is completed within that extended permit period with no further extensions.  People use it to just keep from having to complete their projects.  He then thanked Zoning Office Gil Albert and the Town Board for all their work trying to resolve the issues they are facing on Brown Rd.

 

Marjorie McShane, 34 Hill Rd. questioned why there has been no enforcement with these issues.

 

Supervisor Thomas Wood responded that enforcement has been ongoing and the Town Board is working on strengthening its legal aspect with the passing of the two local laws before them tonight.

 

Thomas Yannios, 43 Hill Rd., stated the residents of their neighborhood appreciate all the Board and Zoning Officer Gil Albert have done in resolving their issues.

 

Supervisor Thomas Wood asked if there was further input, seeing none, Supervisor Thomas Wood made a motion, seconded by Councilman Charles Hanehan, to close the Public Hearing at 7:31 p.m.  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

 

Proof of Advertising having been provided, Supervisor Thomas Wood opened the Public Hearing at 7:33 p.m. for Local Law #2 of 2016- Increased Penalties for Zoning Violations, asking those wishing to speak to please state their name and address.  (A copy of Local Law # 2 is attached to Resolution #16-36 which will be voted on under New Business.)

 

Randall Odell, 99 Brown Rd., stated he believes the fines are still too low, especially for a businessman, and would prefer to send the violator to jail.  He asked if it is customary that a local justice will send a violator to jail.

 

Supervisor Thomas Wood responded that the Town’s Justices will increase penalties as a first step. 

 

Hubert Miller, 34 Hill Rd., the increased fines may be enough; he believes it is more about inspections and enforcement.

 

Supervisor Thomas Wood asked if there was further input, seeing none, Supervisor Thomas Wood made a motion, seconded by Councilman James Jennings to close the public hearing at 7:42 pm.   Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

 

ORGANIZATIONAL APPOINTMENTS AND DESIGNATIONS:

On a motion by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan the following Resolutions #16-01 through 16-25 - Organizational Appointments were adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

Resolution #16-01, setting the “Rules of the Board”:

WHEREAS, §63 of the Town Law provides that the Town Board may determine the rules of its procedures; now, therefore be it

 RESOLVED, that the following Rules of Order be and the same are hereby adopted pursuant to §63 of the Town Law:

 

RULES OF ORDER OF THE TOWN BOARD OF THE TOWN OF SARATOGA:

  1. The Supervisor shall preside at all meetings of the Board and shall preserve order and decorum in debate.
  2. The Board shall be called to order by the Supervisor.  A quorum must be present in order to conduct business of the town.  A quorum shall be defined as three members of the town board.
  3. The Supervisor, immediately following the opening of every regular meeting of the Board, shall proceed to the regular order of Town business as follows: Roll Call, Approval of Minutes, Town Clerk’s Report, Zoning Officer’s Report, Dog Control Officer’s Report, Town Court Report, Tax Collector’s Report, Historian’s

Report, Assessor’s Report, Highway Superintendent’s Report, Supervisor’s Report, Public comments on agenda items, Committee Reports, Old Business, New Business, Communications, Privilege of the Floor, Auditing Bills, Establishment of the Next Regular Meeting, Adjournment.

  1. Public Hearings:  It shall be the duty of the Supervisor to preside at all general or special business hearings, to instruct all persons addressing the Board to state their names, addresses, and to state whether they are for or against the proposal. Those in favor of the proposal before the Board should speak first and those in opposition should speak last.  At such hearings the Board may have special rules and prescribe the time to be allotted as 3 minutes to each speaker.  Once all persons wishing to speak have spoken once, any person wishing to speak a second time may do so for a maximum of 2 minutes. 
  2. At the close of the public hearing as provided for in paragraph “4” above, the Supervisor may grant any member of the general public in attendance at such meeting a reasonable opportunity to be heard on any question or subject in which the Town is concerned.
  3. Every resolution or motion must be seconded before being put to a vote by the Supervisor and all resolutions or motions shall be recorded in their entirety in the official minutes of the Town Board.
  4. The Supervisor may offer or second a resolution or a motion and need not relinquish the chair for such purpose.
  5. No motion or resolution may be brought to a vote except by the majority consent of those present unless printed or typewritten copies thereof are presented to each member of the Board 48 hours prior to the opening of the meeting at which such motion or resolution is offered.
  6. No member shall speak more than once on any question(s) until every member choosing to speak shall have spoken and no more than twice in any case without leave of the Board.
  7. When a question is under debate, no motion shall be entertained unless (a) for an adjournment or recess, (b) for the previous question to lay on the table, (c) to postpone to refer to a committee, or (d) to amend.
  8. A majority vote of all the members of the Board shall be required to suspend these rules of order.  A majority of the Board shall constitute a quorum.
  9. If the above stated rules are or become at any time in conflict with the statutory law, the statutory law shall take precedence.
  10. No member of the public shall engage in any demonstration, booing, hand clapping or otherwise disrupt the formality of a town board meeting.
  11. Any persons speaking to the town board with the consent of the supervisor shall address their remarks to the town board, not to other members of the audience in the form of a debate.  Residents will be limited to speaking for three minutes unless extended by permission of the majority consent of the board.  All persons speaking will be given respect and courtesy and in return are expected to be respectful and courteous.  The use of profane and inappropriate language is not acceptable. 

 

v  Resolution # 16-02 - setting the meeting time and place for the agenda meeting as the Thursday preceding the regular Town Board meeting, which is set as the 2nd Monday of the month, at 7:00 p.m. at the Town Hall, 12 Spring Street, Schuylerville.

v  Resolution # 16-03 - designating the Glens Falls National Bank & Trust Company as the official bank depository.

v  Resolution # 16-04 - designating The Saratogian as the official newspaper for the Town.

v  Resolution # 16-05 - authorizing the Supervisor to invest idle cash balances.

v  Resolution # 16-06 - authorizing the Supervisor to submit claims for state aid for youth recreation programs.

v  Resolution # 16-07 - authorizing the Supervisor to execute & pay contracts & annual appropriations as provided in the budget.

v  Resolution # 16-08 - approving the salaries & highway scale of wages and additional benefits as set forth in the 2016 budget. 

v  Resolution # 16-09 - appointing the Supervisor as health insurance administrator.

v  Resolution # 16-10 - authorizing the Supervisor to pay bills of utility, fuel, gas, oil, credit card & any discounted bills without prior audit and providing that bills are presented at first available meeting for audit.

v  Resolution # 16-11 - authorizing the Highway Superintendent to spend/purchase up to $3,000 without prior notice to town board.

v  Resolution # 16-12 - setting the mileage rate for actual town business at .54 cents per mile.

v  Resolution # 16-13 - setting the election inspector rates at $100 and machine custodians at $75 per machine for Special Elections.

v  Resolution # 16-14 - appointing Ed Cross as Dog Control Officer.

v  Resolution # 16-15 - appointing William Reynolds as the Attorney for the town.

v  Resolution # 16-16 - appointing the Building Inspector/Code Enforcement Officer as Gilman Albert.     

v  Resolution # 16-17 - appointing Gilman Albert as the Fire Code Officer.

v  Resolution # 16-18 - appointing Linda McCabe as the Clerk to the Planning Board & Zoning Board of Appeals.

v  Resolution # 16-19 - appointing Dr. Christopher Thomas as the Health Officer.

v  Resolution # 16-20 - appointing Kenneth Martin as the Engineer for the town.

v  Resolution # 16-21 - appointing Bernie Wood as Uniform Court Officer.

v  Resolution # 16-22 - appointing Glen Decker as Uniform Court Officer.

v  Resolution # 16-23 - appointing Susan Hughes as Clerk part-time.

v  Resolution # 16-24 - appointing Dorothy Lavazzo as part-time Assessor’s Clerk.

v  Resolution # 16-25 - Blanket Official Undertaking for Town Officers:

            WHEREAS, certain Town Officers are required to execute and file undertakings by reason of certain provisions of the Town Law; and

            WHEREAS, Public Officers Law §11 allows for the substitution of a blanket undertaking for such individual undertakings; and

            WHEREAS, the Town of Saratoga has in effect a blanket undertaking for all Town Officers required by law to execute and file undertakings; and

            WHEREAS, said blanket undertaking provides coverage for the failure of said officers to faithfully perform their duties or to account for all moneys or property received by them by virtue of their positions, and for their fraudulent or dishonest acts; and

            WHEREAS, Public Officers Law §11 requires this Board to approve blanket undertaking as to form and sufficiency of coverage; now, therefore be it

            RESOLVED, that the Town Board hereby approves Crime Policy 106146652 issued by Selective Ins. Co. of New York and Public Officials Liability Policy MPOTSARA001 with NYMIR to the Town of Saratoga as a blanket undertaking for all Town Officers required to execute and file undertakings including but not limited to the Supervisor, Town Clerk, Tax Collector, Justices, and Superintendent of Highways; and be it further

            RESOLVED, that the blanket undertaking shall have $100,000.00 (One Hundred Thousand) coverage per employee with excess indemnity on the Tax Collector in the amount of $1,000,000.00 (one million), the Supervisor in the amount of $150,000.00 (One Hundred-Fifty Thousand) and shall provide employee dishonesty coverage and faithful performance of duty coverage for said officers as required by Public Officers Law § 11, with an appropriate deductible established at the time of the purchase of the policy in accordance with the usual practice of the Town; and be it further

            RESOLVED, that a certified copy of this Resolution be attached to said blanket undertaking and a copy thereof be filed in the Office of the Town Clerk. 

 

Planning Board – 7 year terms – appointed:

On a motion by Councilman James Jennings and seconded by Councilman Gary Squires the following Resolution #16-26, reappointing Robert McConnell as a Member to the Planning Board, was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

WHEREAS, the term of Planning Board Member Robert McConnell has expired; therefore be it

RESOLVED, that the Town Board of the Town of Saratoga reappoints Robert McConnell for a seven year term as Member of the Planning Board from 01/01/2016 – 12/31/2022.

 

On a motion by Councilman Charles Hanehan and seconded by Councilman Gary Squires the following Resolution #16-27, reappointing Brandon Myers as a Member to the Planning Board, was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

WHEREAS, the term of Planning Board Member Brandon Myers has expired; therefore be it

RESOLVED, that the Town Board of the Town of Saratoga reappoints Brandon Myers for a seven year term as Member of the Planning Board from 01/01/2016 – 12/31/2022.

 

On a motion by Councilman James Jennings and seconded by Councilman Gary Squires the following Resolution #16-28, appointing George Olsen as a Member to the Planning Board, was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.

Carried 4 – 0.  

WHEREAS, the term of Planning Board Member Jennifer Koval has expired and she no longer wishes to be on said Board; therefore be it

RESOLVED, that the Town Board of the Town of Saratoga appoints George Olsen for a seven year term as Member of the Planning Board from 01/01/2016 – 12/31/2022.

 

Supervisor Thomas Wood made the following annual appointments:

v  Deputy Supervisor – Councilman Michael McLoughlin

v  Bookkeeper - Pat Temple and Stephanie Booth

v  Town Historian - Sean Kelleher

v  Deputy Town Historian - Pat Peck

v  Highway Committee: Councilman Gary Squires, Councilman Charles Hanehan and Councilman Jim Jennings

v  Youth Committee: Councilman Michael McLoughlin 

v  Senior Citizen Committee: Councilman Jim Jennings and Supervisor Thomas Wood

v  Insurance Committee: Supervisor Thomas Wood and Councilman Charles Hanehan

v  Landfill Committee: Supervisor Thomas Wood and Councilman Gary Squires

v  Park Committee: Supervisor Thomas Wood, Councilman Jim Jennings, Councilman Gary Squires, Councilman Michael McLoughlin, and Councilman Charles Hanehan

 

The following annual appointments were made by elected officials and read by Supervisor Thomas Wood:

v  Town Clerk Linda McCabe appoints Michelle Conover as Deputy Town Clerk. 

v  Town Justice Daniel Waldron and Town Justice Charles Sherman appoint Bonnie Williams and Jennifer Johnston as part-time Court Clerks.

 

Approval of Minutes: A motion was made by Councilman James Jennings and seconded by Councilman Charles Hanehan to accept the minutes of the December 29, 2015 meeting as written.  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye. 

Carried 4 – 0.  

 

Town Clerk’s report for December 2015:  Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $43.00. Fees paid to New York D.E.C. for hunting and fishing licenses $394.71. Fees paid to the New York State Health Department for Marriage licenses $0.  Dog license fees to Supervisor Thomas Wood $195.00. Clerk fees to Supervisor Thomas Wood $55.29. Total State and Local Revenues received were $688.00.

 

Zoning Officer’s report for December 2015: 9 Building Permits, 2 Building Permit Renewals, 16 Building Inspections, 6 Certificates of Occupancy, 0 Fire inspections,             0 Complaints, 0 Order to Remedy and 3 misc. appointments.  A check for $1,325.00 was given to Supervisor Thomas Wood. 

 

Dog Control officer’s report for December 2015: The report was read by Supervisor Thomas Wood:  answered 11 complaints, took 1 dogs to the shelter, 2 bite cases, traveled 65 miles, issued 6 warnings and 0 summons were issued. 

 

Town Court report for December 2015: The following were closed: 34 Vehicle & Traffic, 4 Criminal/Penal Law, 0 DEC/ENCON, 0 Dog case, 0 DWIs, 3 Town & Village Ordinance, 0 Small Claims/Civil, 4 Evictions, 1 Bench trials, 2 (case transfers) Divestiture Forms sent to County Court, 0 Defendants sentenced to probation, 0 hours of community service issued, 3 Orders of Protection issued, and $4,725.00 in fees were paid to the NY State Comptroller.

 

Tax Collector’s report:  Tax Collector Marge Kirkpatrick reported that from January 4th through January 5th, 2016, she collected $134,267.14 on 141 bills, which is 4% of the bills.  Tax Collector Marge Kirkpatrick collects taxes in January on Monday, Wednesday and Fridays from 9:00 am to 4:00 pm and on the last Saturday of January from 8:30 am to noon.  She added that the town offices will be closed on January 18th, in honor of Martin Luther King Jr. Day.  

 

Historian’s report: The Town Historian is obligated to inform the Supervisor, County Historian and State Historian the condition of the Town’s historical collection and local historical activities. The annual report focuses on the office’s efforts in research and writing, teaching and public presentations, historic preservation, and organization, advocacy, and tourism promotion. Full report will be filed with the minutes.

 

Assessor’s report: Victoria Hayner submitted the following for January 2016:  

Exemption renewal applications were sent in December and our office, for the month of January, is open Monday – Thursday from 9:00 AM – 1:00 PM.

Sales continue to be processed for the town.  During the month of December we saw 5 valid sales and 5 non-valid sales of which 8 were residential sales and 2 were vacant land sales.

The Assessor’s office will be reviewing open building permits during the next couple of months to determine % complete for valuation purposes and updating pictures.   The Assessor will be in the office on Tuesdays and Wednesdays.

 

Highway Superintendent’s report: December 2015

v  Addressing Potholes

v  General Truck Maintenance

v  Sign Replacements on Ruckytuck Rd.

v  Chipper and chainsaw maintenance

v  Trimming trees and brush along Minnie Bennett, Hathaway & Russell Rds.

v  Removed 2 trees with Salvadore on Chestnut St. & Fitch Rd.

v  Replaced tires on pickup 2, tail lights on truck 6 and repairs on boom mower

v  Addressed 1 storm

v  Did repair work on Victory’s truck and small bucket tractor

 

Supervisor’s report:   Supervisor Thomas Wood reviewed the 2015 goals and set the potential 2016 goals with the Board:

Town of Saratoga 2016 Goals

 

Goal  #1: Keep Town property taxes as low as possible. We have previously and will continue to stay within the state property tax cap.

Goal  #2: Complete construction of the Salt Shed.

Goal  #3: Complete highway union negotiations.

Goal  #4: Complete the towpath from the Germain property to the Garnsey property.

Goal  #5: Obtain the deed from New York State for the boat launch on NYS Rt.  4.

Goal #6: Assist with the Phase I construction for the new Visitor Center on Ferry St.

 

Financial report: 

SUPERVISOR'S REPORT DECEMBER 2015

                                                                       

GENERAL FUND - TOWNWIDE (A FUND)                                                                                                                                                                

Balance on Hand                   12/1/2015                                $819,850.32              

DECEMBER            Revenues                                                             27,596.80              

DECEMBER            Disbursements                                                 (110,013.30)             

Balance on Hand                   12/31/2015                              $737,433.82              

                                                                                   

GENERAL FUND - OUTSIDE VILLAGE (B FUND)                                                  

                                                                       

Balance on Hand                   12/1/2015                                $1,366,995.32                       

DECEMBER            Revenues                                                              104,125.61                       

DECEMBER            Disbursements                                                   (108,484.25)                       

Balance on Hand                   12/31/2015                              $1,362,636.68                       

                                                                                   

HIGHWAY FUND - OUTSIDE VILLAGE (DB FUND)                                                           

                                                                       

Balance on Hand                   12/1/2015                                $  597,937.14                        

DECEMBER            Revenues                                                         $  138,270.81                        

DECEMBER            Disbursements                                                    (59,416.36)            

Balance on Hand                   12/31/2015                              $  676,791.59

                       

SCHUYLER PARK CAPITAL PROJECT DEC 31           151,540.21                        

                                                                                   

YOUTH RECREATION & SERVICE DEC 31                       2,821.16                        

                                                                                   

HIGHWAY EQUIPMENT RESERVE DEC 31                  102,978.10            

                                                                                   

BUILDING RESERVE DEC 31                                             204,677.84            

                                                           

SCENIC BY WAYS GRANT DEC 31 - QRTLY                                    310.97                        

                                                                                   

PARKS RESERVE  DEC 31                                                  101,956.55                        

                                                                                   

FIRE PROTECTION DEC 31                                                          0.34                        

                                                                                   

TRUST & AGENCY DEC 31 (TA & CDPHP)                      48,159.12                        

                                                                                   

MOBILE HOME GRANT DEC 31                                          10,881.26            

                                                                                   

HOME IMPROVEMENT GRANT DEC 31                                479.83            

                                                                                   

CDBG GRANT DEC 31                                                                   11.73

 

HISTORIC HUDSON HOOSICK RIVER  DEC 31             192,871.87

PARTNERSHIP      

           

v  December 2015 Sales Tax Received - $101,703.00

v  November 2015 Mortgage Tax- $15,708.00

 

Public comments on agenda items: Mary Beth Macica and Wendy Lukas addressed the Board.    

 

Committee reports:

Landfill:  No report.

 

 Insurance:  No report.

 

 Youth:  No report.

 

Senior Citizens: No report   

           

Park Committee: No report

 

Office of Emergency Management (OEM): No report

GSES, QSFD Reports:  No report

 

General Schuyler Emergency Squad:  No report

 

Quaker Springs Fire Department:  Chief Don Ormsby Jr. reported that there were      88 total calls in 2015.  

 

Old business:  

v  Salt Shed Update:  A Legal ad has been placed for RFPs and bid requests are on the Town’s webpage.  All bids are due no later than the close of business on February 3, 2016 and bids will be opened at the February 4, 2016 agenda meeting.  Awarding of the bid will take place at the regular town board meeting on February 8, 2016.  Project completion date is set for June 2016.

 

New business:  On a motion by Councilman Gary Squires and seconded by Councilman Charles Hanehan, the following Resolution #16-29 – Appointing Rawson Gamage to the Board of Assessment Review (BAR) was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 4 – 0.

            WHEREAS, Anne Crandall has resigned her position on the Board of Assessment Review (BAR) which will expire on September 30, 2018; therefore be it

RESOLVED, that the Town Board of the Town of Saratoga hereby appoints Rawson Gamage on 01/11/2016, to fulfill the BAR 5-year term of Anne Crandall, beginning 10/01/2013 - 09/30/2018.

 

On a motion by Councilman James Jennings and seconded by Councilman Charles Hanehan, the following Resolution #16-30 – Appointing Councilman Gary Squires as a member of the Schuyler Park Committee was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 4 – 0.

WHEREAS, the Town of Saratoga and the Town of Northumberland have entered into a municipal cooperation agreement for the operation of Schuyler Park; and

WHEREAS, the Schuyler Park Municipal Cooperation Agreement requires the establishment of a six person committee; three of which are to be residents of the Town of Saratoga and three of which are to be residents of the Town of Northumberland; and

WHEREAS, the three year term of Councilman Fred Drumm is vacant; now therefore be it

RESOLVED, that Councilman Gary Squires be appointed to fulfill the remaining three year term through May 11, 2018 on the Schuyler Park Committee.

 

(Resolution #16-31, Designating Lead Agency for the purpose of conducting an Environmental Review of a Proposed Action, was voted on at the 01/07/2016 town board agenda meeting.  Resolution #16-31 is on file in the Clerk’s office)

 

On a motion by Councilman Charles Hanehan and seconded by Councilman James Jennings the following Resolution #16-32 – SEQR Negative Declaration – Local Law #1 of 2016 – Additional Regulations in Rural District II and Lake Residential District was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 4 – 0.

               WHEREAS, the Town Board of the Town of Saratoga, Saratoga County, New York (the "Town") is considering enacting a certain amendment to the Zoning Ordinance of the Town of Saratoga (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 Board as lead agency 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, there has been prepared a full environmental assessment form for the Project (the "EAF"), a copy of which was previously reviewed by the Town Board 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 a "Type I 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 zoning amendment and its 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 Action 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.

 

The foregoing resolution was thereupon declared duly adopted.

 

On a motion by Councilman Charles Hanehan and seconded by Councilman Gary Squires, the following Resolution #16-33 Adoption of Local Law #1 of 2016 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.  Carried 4 – 0.

WHEREAS, the Town Board has recognized the need to amend the Zoning

Ordinance pertaining to additional regulations in the Rural District II and the Lake Residential Districts; and

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople; now therefore be it

RESOLVED by the Town Board of the Town of Saratoga, to adopt Local Law #1 of 2016 – Additional Regulations in Rural District II and Lake Residential districts to our Zoning Ordinance.  (Local Law #1 of 2016 is attached.) 

 

  Local Law Filing                        NEW YORK STATE DEPARTMENT OF STATE 

                                                                                                         41 STATE STREET, ALBANY, NY 12231

 

 

(Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

 

               Town of                                  Saratoga                                             

 

            Local Law No.                        1                      of the year 2016

 

A local law amending the Zoning Ordinance of the Town of Saratoga.__________________________________

                                                                                                                                                                                                                                                       

Be it enacted by the                           Town Board                                                      of the

                                                      (Name of Legislative Body)

 

           Town of                                   Saratoga                                                     as follows:  

 

 

The Zoning Ordinance of the Town of Saratoga is hereby amended in the following respects:

 

 

Section 1 – Additional Regulation in the Rural District II

and Lake Residential Zoning Districts

 

A new section 400-8.15 is added as follows:

 

The inside or outside parking, cleaning, maintenance or storage of commercial vehicles or of construction related equipment, other than a commercial pickup truck or a compact tractor, and the outside storage of construction materials on premises in the Rural District 2 and Lake Residential zoning districts is prohibited, except during the active loading or unloading of merchandise, the active performance of a commercial service for the premises, or in conjunction with a permitted construction project.

 

Section 2 – Effective Date

 

This local law shall take effect immediately.

 

(Resolution #16-34, Designating Lead Agency for the purpose of conducting an Environmental Review of a Proposed Action, was voted on at the 01/07/2016 town board agenda meeting.  Resolution #16-34 is on file in the Clerk’s office)

 

On a motion by Councilman Charles Hanehan and seconded by Councilman James Jennings the following Resolution #16-35 – SEQR Negative Declaration – Local Law #2 of 2016 – Increased Penalties for Zoning Violations was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.  Carried 4 – 0.

               WHEREAS, the Town Board of the Town of Saratoga, Saratoga County, New York (the "Town") is considering enacting a certain amendment to the Zoning Ordinance of the Town of Saratoga (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 Board as lead agency 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, there has been prepared a full environmental assessment form for the Project (the "EAF"), a copy of which was previously reviewed by the Town Board 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 a "Type I 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 zoning amendment and its 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 Action 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.

 

On a motion by Councilman James Jennings and seconded by Councilman Gary Squires, the following Resolution #16-36 Adoption of Local Law #2 of 2016 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.  Carried 4 – 0.

WHEREAS, the Town Board has recognized the need to amend the Zoning

  Ordinance pertaining to penalties for zoning violations; and

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople; now therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to adopt Local Law #2 of 2016 – Zoning Amendments - Penalties for Zoning Violations (Local Law #2 of 2016 is attached.) 

 

Local Law Filing                        NEW YORK STATE DEPARTMENT OF STATE 

                                                                                                           41 STATE STREET, ALBANY, NY 12231

 

 

(Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

 

               Town of                                  Saratoga                                             

 

            Local Law No.                        2                      of the year 2016

 

A local law amending the Zoning Ordinance of the Town of Saratoga.                              

                                                                                                                                                                                                                                                       

Be it enacted by the                           Town Board                                                      of the

                                                      (Name of Legislative Body)

 

           Town of                                   Saratoga                                                     as follows:  

 

 

The Zoning Ordinance of the Town of Saratoga is hereby amended in the following respects:

 

 

Section 1 – Penalties for Violation

 

Section 400-70 is amended to read as follows:

 

Any person, firm or corporation who or which violates any provision of this chapter shall be guilty of an offense, and upon conviction may be penalized by a fine not exceeding three hundred fifty dollars or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars, or imprisonment for a period not to exceed  six  months, or  both;  and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one  thousand  dollars or imprisonment for a period not to exceed six months, or both. Each week’s continued violation shall constitute a separate additional offense. In addition, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.

 

Section 2 – Effective Date

 

This local law shall take effect immediately.

      

    

Supervisor Thomas Wood stated that Resolution #16-37 is for supporting the Purchasing of the Development Rights (PDR) of Wild Wood Farms, the Wood Family Irrevocable Trust, Allen W. Wood II’s property.  He stated that he and Councilman Charles Hanehan will recuse from voting since they are both related to persons involved. He also explained that due to the absence of Councilman Michael McLoughlin there was no quorum for this resolution, so he tabled it.  Supervisor Thomas Wood then stated the Board will hold a special meeting this week to vote on Resolution #16-37 since it is time sensitive.

 

On a motion by Councilman Charles Hanehan and seconded by Councilman Gary Squires the following Resolution #16-38 – Fund Transfer - $$8,641.44 from A1220.1- Supervisor to A1410.1-Town Clerk was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 4 – 0.

            RESOLVED, by the Town Board of the Town of Saratoga to transfer $8,641.44 from Supervisor – A1220.1 to Town Clerk – A1410.1 for 2015 end of year expenses.    

 

On a motion by Councilman James Jennings and seconded by Councilman Gary Squires the following Resolution #16-39 – Fund Transfer - $2048.58 from A1620.2 - Buildings to A1620.4 - Buildings for additional 2015 expenses was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin

absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.  Carried 4 – 0.

            RESOLVED, by the Town Board of the Town of Saratoga to transfer $2048.58 from Buildings-A1620.2 to Buildings – A1620.4 for 2015 end of year expenses.

 

On a motion by Councilman Charles Hanehan and seconded by Councilman Gary Squires the following Resolution #16-40 – Fund Transfer - $1242.95 from A5132.2 - Garage to A5132.4 - Garage for additional 2015 expenses was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin

absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.  Carried 4 – 0.

            RESOLVED,  by the Town Board of the Town of Saratoga to transfer $1242.95 from Garage A5132.2 to Garage A5132.4, for additional 2015 end of year expenses.    

 

On a motion by Councilman James Jennings and seconded by Councilman Gary Squires the following Resolution #16-41 – Fund Transfer - $124.20 from A5132.2 - Garage to A5182.4 - Street Lighting for additional 2015 expenses was adopted by vote:  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin

absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.  Carried 4 – 0.

            RESOLVED, by the Town Board of the Town of Saratoga to transfer $124.20 from Garage A5132.2 to Street Lighting A5182.4, for additional 2015 end of year expenses.    

 

Communications:  

 

Privilege of the floor:  Wendy Lukas and Thomas Yannios addressed the Board.

 

Upcoming meetings:

v  Agenda meeting – Thursday, February 4, 2016 at 7:00 p.m.

v  Regular Town Board meeting – Monday, February 8, 2016 at 7:00 p.m.  

 

Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman James Jennings the following Resolution #16-42 Approving the payment of bills in Abstract 14G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 4 – 0.

 

RESOLVED, by the Town Board of the Town of Saratoga that the bills be paid on Abstract #14G (1/11/2016 for the remainder of 2015) in the following amounts:

 

General Fund A                    Voucher No. 466 through 479                      $   8,072.48

General Fund B                    Voucher No. 87 through 87                          $      190.38  

Schuyler Park H                    Voucher No. 40 through 40                          $        69.33

Highway DB                          Voucher No. 258 through 261                      $      151.77

                                                                                                                    

         Grand Total      $    8,483.96

 

Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman James Jennings the following Resolution #16-43 Approving the payment of bills in Abstract 1G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 4 – 0.

 

RESOLVED, by the Town Board of the Town of Saratoga that the bills be paid on Abstract #1G (1/11/2016) in the following amounts:

 

General Fund A                    Voucher No. 1 through 9                              $   7,561.52

Highway DB                          Voucher No. 1 through 4                              $      247.22

CDBG                                                Voucher No. 1 through 7                              $ 13,500.00

Home Improvement 21         Voucher No. 1 through 4                              $ 22,653.00

                                                                                               

Grand Total   $ 43,961.74

 

A motion to adjourn at 9:37 p.m. was made by Councilman James Jennings and seconded by Councilman Charles Hanehan.  Supervisor Thomas Wood – aye, Councilman Michael McLoughlin – absent, Councilman Charles Hanehan - aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.      

Carried 4 – 0.

 

Respectfully Submitted,

 

 

Linda McCabe

Town Clerk