MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF SARATOGA, 12 SPRING ST.
June 12, 2017
Supervisor Thomas Wood opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
Roll call: Town Clerk Linda McCabe, called the roll: Supervisor Thomas Wood- present, Councilman Charles Hanehan - absent, Councilman Michael McLoughlin – present, Councilman James Jennings – present, Councilman Gary Squires – present
Also present: Zoning Officer/Building Inspector Gil Albert, Deputy Clerk Michelle Conover, Town Attorney William Reynolds, David Wallingford, Mr. & Mrs. T. Yannios, Nash Alexander, J.R. Hanna, Hub Miller, Paul Murphy, Russell Kirkwood, Terri Korb. (sign-in sheet is on file in the Clerk’s office)
Recognitions/Presentations/ Bid openings/ Public Hearings:
Supervisor Thomas Wood reviewed proposed Local Law #5 of 2017, and addressed the changes and increased penalties which amend Local Law #4. Supervisor Thomas Wood then stated he received a letter from resident John Cashin, who was unable to attend the meeting. Each Board member was previously provided a copy of the letter. Supervisor Wood read the letter aloud, which stated Mr. Cashin’s serious concerns and criticisms of Local Law #5, 2017. (The full 3 page letter is on file in the Clerk’s office.)
Public Hearing for Local Law #5 of 2017 - Amending Local Law #4, 2017 - Clear Cutting of Forested Land, Proof of Notice in the Saratogian on May 29, 2017 having been provided, Supervisor Thomas Wood opened the Public Hearing on Local Law #5 of 2017, at 7:15 p.m. He then allowed Tom Yannios to re-present his presentation of concerns for the councilman that was unable to attend the agenda meeting where Mr. Yannios first presented before the Board.
Supervisor Thomas Wood then asked those wishing to speak to please stand, step up to the microphone and state their name and address for the record. The following residents addressed the Board with their concerns of Local Law #5 of 2017, dislike of cluster developments, clear cutting moratorium, the Town’s Comprehensive Plan, increased hours for the zoning officer, stricter restrictions for smaller parcels and many Planning Board issues:
Tom Yannios, 43 Hill Rd.
Paul Murphy, 36 Hill Rd.
Hub Miller, 97 Brown Rd.
David Wallingford, 191 Rt. 9P
Terri Korb, 17 Hill Rd.
A motion was made by Supervisor Thomas Wood, seconded by Councilman Michael McLoughlin, to close the Public Hearing at 7:36 p.m. Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried 4 – 0.
Approval of Minutes: A motion was made by Councilman Michael McLoughlin, seconded by Councilman James Jennings, to accept the regular meeting minutes of May 8, 2017, as written. Supervisor Thomas Wood - aye, Councilman Charles Hanehan – absent, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 – 0
Town Clerk’s report for May 2017: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $74.00. Fees paid to New York D.E.C. for hunting and fishing licenses $477.15. Fees paid to the New York State Health Department for Marriage licenses $22.50. Dog license fees to Supervisor Thomas Wood $329.00. Clerk fees to Supervisor Thomas Wood $232.35. Total State and Local Revenues received were $1,135.00.
Zoning Officer’s report for May 2017: Gil Albert reported: 15 Building Permits, 15 Building Inspections, 7 Certificates of Occupancy, 2 Junk Yard permits, 0 Complaints, 0 Fire inspections, 1 Order/s to Remedy, 1 misc., 0 Building Permit Renewals, 1 Property Maintenance Inspection. A check for $2,682.50 was given to Supervisor Thomas Wood.
Dog Control officer’s report for May 2017: Supervisor Thomas Wood read the following: D.C.O. Ed Cross answered 29 complaints, took 5 dogs to the shelter, 0 bite case/s, traveled 122 miles, issued 22 warnings and 7 summons were issued.
Town Court report for May 2017: The following were closed: 52 Vehicle & Traffic, 7 Criminal/Penal Law, 0 DEC/ENCON, 1 Dog case, 1 DWI, 0 Town & Village Ordinance, 0 Small Claims/Civil, 1 Eviction, 1 Hearing, 1 Defendant sentenced to probation, 0 hours of community service issued, 0 (case transfer) Divestiture Forms sent to County Court, 0 days of jail time issued, 0 Orders of Protection issued, and $5,956.00 in fees were paid to the NY State Comptroller.
Tax Collector’s report: No report
Historian’s report for May 2017: Supervisor Thomas Wood read the following:
During the month of May the Historian continued research on the town and some professional development. He worked on his blog with various “on this day” posts, where he took a number of items that Pat Peck has collected over the years, combined them with various databases, focused on our community history, notable people in our community’s history, cemeteries and military history. He is looking to do 365 posts and is using about 25 different sources of materials. He also had 77 posts on the website with over 1,064 visitors in May.
He attended a Regional Municipal Historian Conference in Clifton Park where he learned about the Women’s Suffrage Movement and the canals and also attended the American Revolution Mohawk Valley Conference.
June 17 - Heritage Hunters group will meet in the Schuyler Room at the Town of Saratoga Town Hall at1 pm. Host speaker will be NPS Superintendent, Amy Bracewell.
June 20 - The Genealogy Help Group will be held at the Schuylerville Public Library at 10 am.
June 22 - The Historical Association meeting will be at 7 pm for a tour of the Prospect Hill Cemetery.
Assessor’s report for Assessor May 2017: The Assessor’s report stated the BAR (Board of Assessment Review) met on May 23rd and no residents came in to grieve their assessments, although the Board had one mail-in grievance. The Assessor made 7 stipulations and 4 corrections prior to grievance day. The Assessor has entered those changes on the 2017 assessment roll and the 2017 Final Roll will be available July 1st.
The 2018 Roll is complete and sales through May entered. There were 12 valid sales and 24 non-valid sales; 25 residential, 9 vacant lands and 2 commercial properties.
The Assessor’s Office Hours are:
Mondays - 10:00 AM – 2:00 PM
Wednesdays - 9:00 AM – 1:00 PM
Highway Superintendent’s May 2017 report:
v Ditch line cleanup of limbs and trees from various storms
v Addressed wash-outs along roads from same storms
v Sign replacements and road side mowing
v Removed 5 large nuisance trees with Salvadore tree service
v Hauled stone dust & scalping material for road shoulders
v Replaced fuel tank straps & brakes on Truck 5
v Replaced lawn mower deck
v Replaced culverts on Connor Rd. & Hayes Rd.
v Highway crew attended a Chipper Safety Seminar
v Worked on Rt. 4 trailhead parking area
v New hire is Ed Carr
v Worked on Village of Victory’s truck and mower deck
v Graded the towpath for the Village of Schuylerville
SUPERVISOR’S REPORT MAY 2017
GENERAL FUND – TOWNWIDE (A FUND)
Balance on hand 05/01/2017 $ 1,266,867.75
Revenues + 98,022.95
Disbursements - 55,116.46
Balance 05/31/2017 $ 1,309,774.24
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
Balance on hand 05/01/2017 $ 1,638,534.36
Revenues + 21,345.58
Disbursements - 6,867.74
Balance 05/31/2017 $ 1,633,012.20
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
Balance on hand 05/01/2017 $ 753,537.86
Revenues + 98,520.16
Disbursements - 29,629.20
Balance 05/31/2017 $ 822,428.82
SCHUYLER PARK 05/31/2017 $ 143,723.06
YOUTH RECREATION & SERVICE 05/31/2017 $ 7,279.19
HIGHWAY EQUIPMENT RESERVE 05/31/2017 $ 120,830.33
BUILDING RESERVE 05/31/2017 $ 254,988.48
TRUST & AGENCY 05/31/2017 $ 59,934.99
MOBILE HOME GRANT 05/31/201 $ 0.00
HOME IMPROVEMENT GRANT#2 05/31/2017 $ 82,505.21
(holding checks until funds are deposited)
CDBG GRANT 05/31/2017 $ 0.00
HISTORIC HUDSON HOOSIC RIVER 05/31/2017 $ 68,195.75
SCENIC BY WAYS GRANT 05/31/2017 $ 311.13
PARK RESERVE 05/31/2017 $ 151,956.55
v Sales Tax Received – May 2017 - $98,455.00
v Mortgage Tax - April 2017 - $9,879.00
v Mortgage Tax - October through March 2017- $77,815.06
Public comments on agenda items: No comments
Landfill: No report
Insurance: Supervisor Thomas Wood stated that time is drawing near to renew the health insurance policies for both employees and retirees under 65 years of age. He then reviewed the current insurance policy and the various options available. He noted that he must notify the insurance broker no later than July 10th of their decision. The Board discussed the various options and all agreed that they should go with the option that is closest to what they currently have. Supervisor Thomas Wood then stated he would like Councilman Charles Hanehan to have the opportunity to also review the various insurance options prior to the Board taking action. Attorney William Reynolds suggested they take action on this at the next agenda meeting due to the deadline. Supervisor Thomas Wood agreed, stating action will be taken at the next agenda meeting.
Youth: Councilman Michael McLoughlin stated he had given the school the sign- up sheets for the swimming lessons.
The Quaker Springs Seniors met on May 8, 2017 for a chicken & biscuit luncheon, with 28 members in attendance. Guest Speaker was author Vernon Benjamin, of Schoharie, who wrote a book about the Hudson River Valley up to the time of the Civil War.
They also met on June 12th for a casserole luncheon and discussed future trips; possibly to Adams, MA in the fall.
Office of Emergency Management: Supervisor Thomas Wood stated that Sherry Doubleday will hold a CPR training session at 6:30 p.m. prior to the opening of the July 10th Town Board meeting. Town Board members and employees are invited to attend to ensure everyone is updated and trained; she will also be going over the AED and how to use it.
GSES, QSFD Reports:
J.R. Hanna, General Schuyler Station of the Wilton Emergency Squad, reported the following: They had a total of 79 calls for the month of May: 71 calls were handled through the Schuylerville Station, 7 were handled through the Wilton Station, and 1 was turned over to Mutual Aid. They had a consolidated 266 calls. Both stations held a blood drive during the month of May and they covered 3 regattas in May. They have met with all identified community stakeholders since having met with the Quaker Springs Seniors, except for the Quaker Springs Fire Department ,and the merger seems to be supported. He also stated they now have a new logo.
June 24th - Medication Take Back Day will be held at the Schuylerville Station.
Old Business: None
On a motion made by Councilman Michael McLoughlin, seconded by Councilman Gary Squires, the following Resolution #17-65 - Adoption of Local Law #5 of 2017 - Amendment to Local Law #4, Clear Cutting of Forested Land in the Town of Saratoga, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 – 0
WHEREAS, the Town Board of the Town of Saratoga acknowledges the need to amend Local Law #4 of 2017, by adopting Local Law #5 of 2017, for the purpose of implementing stronger penalties to preserve forested land in the Town of Saratoga. The provisions of Local Law #5, 2017 are intended to strengthen Local Law #4 of 2017, which is to supplement the erosion and sediment controls for land development set forth in Section 400-8.12 of the Town Code, and
WHEREAS, a public hearing was held and input received from the townspeople, now, therefore be it,
RESOLVED, by the Town of Saratoga Town Board, to adopt Local Law #5 of 2017, amending Local Law #4 of 2017, effective immediately.
(Complete copy of Local Law #5, 2017, attached and on file in Clerk’s office)
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. 5 of the year 2017
A local law amending the local law which regulates the clear cutting of forested land in the Town of Saratoga.
Be it enacted by the Town Board
(Name of Legislative Body)
Town of Saratoga as follows:
SECTION 1 – Chapter 273 of the Town Code of the Town of Saratoga is hereby amended as follows.
SECTION 2 –
Section 273.-2 Definitions
A parcel of land of greater than two acres in which substantially all trees are removed in a single operation or a series of related operations.
Section 273.-3 Permit Procedure
Before any clear cutting of trees may begin, the property owner shall apply for and obtain a special permit from the Town of Saratoga Planning Board. The applicant and the Board shall follow the procedures for special permits set forth in Article VIII of the Zoning Ordinance. Approval shall be consistent with the purposes of this section, and with the provisions of Section 400-8.12 of the Town Code. Approval shall also be subject to all regulations of NYSDEC involving streams, wetlands, and protected species.
Section 273.-5 Penalties
Any person, firm or corporation who or which violates this section shall be guilty of a misdemeanor, and upon conviction may be penalized by a fine of not less than $2,000.00, nor more than $25,000.00, or alternatively, a higher amount not exceeding double any gain realized from the commission of the violation, or by a term of imprisonment not to exceed one year, or both. In addition, the Town Board may also maintain an action in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction such violation, to compel arboreal restoration of the affected forested land, and to impose a civil penalty in an amount equal to $2,000.00 for each tree removed.
SECTION 3 – Effective Date.
This local law shall take effect immediately.
On a motion made by Councilman Gary Squires, seconded by Councilman Michael McLoughlin, the following Resolution #17-66 - Approving 4 Month Lease - EA Engineering Science & Technology Inc., was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4– 0
WHEREAS, the Town has excess space in the Town Hall at 12 Spring Street, Schuylerville, NY which is unneeded for Town purposes, and which has been leased previously; and
WHEREAS, the Town Board desires to lease such excess space for fair and adequate consideration; it is hereby
RESOLVED, that in the north wing, first floor of the Town Hall, Suite 103, be leased to EA Engineering Science & Technology Inc., PBG, for a period of four months, beginning on June 1, 2017 and ending on September 30, 2017, at a monthly rental amount of $733.00 plus 10% share of utilities as set forth under this lease agreement, and it is further,
RESOLVED, that the Town Supervisor is authorized to enter into a lease agreement to carry out this resolution, subject to approval of the Town Attorney as to form.
On a motion made by Councilman Michael McLoughlin, seconded by Councilman Gary Squires, the following Resolution #17-67 - Authorization to Enter into Contract with Direct Energy for Supplying Natural Gas, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 – 0
WHEREAS, the Town Board has used the Municipal Electric and Gas Alliance’s (MEGA) program to procure energy at the best prices for municipalities using the competitive bidding process; and
WHEREAS, DIRECT ENERGY has been awarded the competitive bid, offering lower prices that the competitors; now therefore be it
RESOLVED, that the Supervisor is authorized to sign a contract with DIRECT ENERGY BUSINESS to supply natural gas to the town from July 1, 2017 to June 30, 2019; and it is further
RESOLVED, that the form of such contract shall be subject to prior review and approval by the Attorney for the town.
On a motion made by Councilman James Jennings, seconded by Councilman Michael McLoughlin, the following Resolution #17-68 - Authorization to transfer collected Park Fees in the amount of $27,002.00, from Trust & Agency Fund, into General Fund Revenue- A-2770 and transfer $10,000.00 from General Fund-A2770 into Parks Contractual-A-7110.4, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 – 0
WHEREAS, the Town of Saratoga has collected $27,002.00 of Park Land fees and the monies have been deposited into the Town’s Trust & Agency fund; and
WHEREAS, said monies are to be transferred into Parks Contractual, A-7110.4; now, therefore be it
RESOLVED, that the Town Supervisor, of the Town of Saratoga, is authorized to transfer said monies.
On a motion made by Councilman James Jennings, seconded by Councilman Gary Squires, the following Resolution #17-69 - Requesting New York State Department of Transportation to Maintain Reduced Speed Limit on NYS Route 29, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 – 0
WHEREAS, the Town Board of the Town of Saratoga noted the reduced speed limit posted by New York State Department of Transportation on Rt. 29, between the Village of Schuylerville and the Hamlet of Grangerville, while working on the Grangerville bridge project, and
WHEREAS, this reduced speed limit has made the roadway much safer, now, therefore, be it
RESOLVED, that the Town Board of the Town of Saratoga requests that the New York State Department of Transportation reduce and maintain a speed limit of 45 mph between the Village of Schuylerville to the Hamlet of Grangerville on NYS Rt. 29, as they believe such request to be well-founded.
Privilege of the floor: Paul Murphy and Hub Miller addressed the Board.
v Agenda meeting – Thursday, July 6, 2017 at 7:00 p.m.
v Regular Town Board meeting – Monday, July 10, 2017 at 7:00 p.m.
Audit the Bills: On a motion by Councilman James Jennings, seconded by Councilman Michael McLoughlin, the following Resolution #17-70 - Approving the Payment of Bills in Abstract 6G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – absent, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 – 0
RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of the bills listed in Abstract 6G in the following amounts:
General Fund DB Voucher No. 92 through 115 $ 64,296.98
General Fund A Voucher No. 147 through 191 $ 29,837.26
General Fund B Voucher No. 26 through 33 $ 5,273.34
Schuyler Park H Voucher No. 10 through 13 $ 994.80
Farmland Protection Voucher No. 05 $ 2,404.92
HH Voucher No. 26 through 35 $ 47,377.47
Home Improvement 2 Voucher No. 01 $ 1,200.00
Youth Rec & Services Voucher No. 01 $ 300.00
Grand Total $ 151,684.77
A motion to adjourn at 9:30 p.m. was made by Councilman James Jennings and seconded by Councilman Michael McLoughlin. Supervisor Thomas Wood - aye, Councilman Charles Hanehan – absent, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 4 - 0
Linda A. McCabe