MINUTES OF THE REGULAR

TOWN BOARD MEETING OF THE TOWN OF SARATOGA

12 SPRING ST., SCHUYLERVILLE, NY

May 9, 2016

7:00 P.M.

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

Roll call: Town Clerk Linda McCabe, called the roll.� Supervisor Thomas Wood- present, Councilman Charles Hanehan - present, Councilman Michael McLoughlin � absent (arrived at 7:04 p.m.), Councilman James Jennings � present, Councilman Gary Squires � present.

Also present: Zoning Officer/Building Inspector Gil Albert, Highway Superintendent Don Ormsby Jr., Deputy Clerk Michelle Conover, Town Attorney William Reynolds, Ruth Drumm, Stephen & Joann Bodnar, Bill Moreau, Thomas Drew, Tom Carringi, Clifford Hanehan, Chris Benn, Jaime O�Neill and other interested� persons.

Recognitions/Presentations/ Bid openings/ Public Hearings:

Supervisor Thomas Wood presented Stephen E. Bodnar, with Resolution #16-74 - Recognition of Stephen E. Bodnar for his dedicated service to the Town of Saratoga.

On a motion made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan, the following Resolution #16-74, Recognition of Stephen E. Bodnar for his dedicated service to the Town of Saratoga, was adopted by vote: Supervisor Thomas Wood �aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan �aye, Councilman James Jennings � aye, Councilman Gary Squires �aye.�

Carried 5-0

WHEREAS, Stephen E. Bodnar is a lifelong resident of the Town of Saratoga and�� WHEREAS, Stephen E. Bodnar graduated from Schuylerville Central School in June,

1962 and has operated a large dairy farm on Hanehan Road in the Town of Saratoga for his entire life, and

WHEREAS, the Town of Saratoga created a Zoning Ordinance and established a Zoning Board of Appeals in March 1981, and

�� WHEREAS, Stephen E. Bodnar was first appointed as one of seven initial members to the Zoning Board of Appeals in March 1982, and

�� WHEREAS, Stephen E. Bodnar has continuously served as a conscientious, active member of the Town of Saratoga Zoning Board of Appeals for 35 years, serving as Chairman of the Zoning Board of Appeals for 12 years, beginning in January 2004, and

�� WHEREAS, Stephen E. Bodnar has been active in many efforts on the Town of Saratoga to revise and update the Zoning Ordinance and create a Town Comprehensive Plan, now therefore be it

�� RESOLVED, that the Town of Saratoga extends a most sincere and genuine thank you to Stephen E. Bodnar for his 35 years of service and leadership to the town, and be it further

�� RESOLVED, that the positive impact of Stephen E. Bodnar�s input to the Zoning Board of Appeals shall be long remembered and reflected in the growth and development patterns in the Town of Saratoga.

Public Hearing on the Mass Gathering Permit for Sundae on the Farm: Proof of notice in the Saratogian on April 29^th having been provided, Supervisor Thomas Wood opened the Public Hearing at 7:18 p.m. for the Mass Gathering Permit for Sundae on the Farm to be held on June 12^th, at the Turning Point Farm, asking those wishing to speak to please state their name and address for the record; no one spoke.

A motion was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to close the public hearing at 7:19 p.m.� Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires - aye.

Carried 5 � 0.��

Public Hearing on Local Law #4 of 2016-Temporary Moratorium Prohibiting Clear Cutting of Forested Land in the Town of Saratoga: Proof of notice in the Saratogian on April 29^th having been provided, Supervisor Thomas Wood opened the Public Hearing at 7:20 p.m. for Local Law #4, asking those wishing to speak to please state their name and address for the record; no one spoke.

A motion was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to close the public hearing at 7:21 p.m.� Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires - aye.

Carried 5 � 0.�

�Public Hearing on Local Law #5 of 2016 - Repealing Article I of Chapter 216 of the Town of Saratoga Code - Dealing with the dumping of horse manure: Proof of notice in the Saratogian on April 29^th having been provided, Supervisor Thomas Wood opened the Public Hearing at 7: 23 p.m. for Local Law #5, asking those wishing to speak to please state their name and address for the record; no one spoke.

A motion was made by Supervisor Thomas Wood and seconded by Councilman Michael McLoughlin to close the public hearing at 7:24 p.m.� Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires - aye.

Carried 5 � 0.�

Approval of Minutes: A motion was made by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan to accept the minutes of the April 11, 2016 regular meeting as written. ��Supervisor Thomas Wood - aye, Councilman Charles Hanehan � aye, Councilman Michael McLoughlin � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye. �

Carried �5 � 0��

Town Clerk�s report for April 2016: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $76.00. �Fees paid to New York D.E.C. for hunting and fishing licenses $1,129.77.�� Fees paid to the New York State Health Department for Marriage licenses $45.00. �Dog license fees to Supervisor Thomas Wood $330.00. Clerk fees to Supervisor Thomas Wood $176.23.� Total State and Local Revenues received were $1,1772.00.

Zoning Officer�s report for April 2016: Gil Albert reported: 11 Building Permits, 16 Building Inspections, 3 Certificates of Occupancy, 1 Junk Yard Permits, 0 Orders to Remedy, 0 Fire inspections, 2 Complaints, 1 Building Permit Renewal/s, 0 Property Maintenance Inspections, and 5 miscellaneous appointments.� A check for $2,541.45 was given to Supervisor Thomas Wood.�

Dog Control officer�s report for April 2016: The report was read by Supervisor Thomas Wood: �answered 20 complaints, took 0 dogs to the shelter, 0 bite case, traveled 47 miles, issued 18 warnings and 5 summons were issued.�

Town Court report for April 2016: The following were closed: 38 Vehicle & Traffic, 6 Criminal/Penal Law, 1 DEC/ENCON, 1 Dog case, 2 DWI�s, 0 Town & Village Ordinance, 0 Small Claims/Civil, 2 Evictions, 2 Hearings, 1 (case transfer) Divestiture Forms sent to County Court, 1 Defendant/s sentenced to probation, 0 hours of community service issued, 0 days of jail time issued, 0 Orders of Protection issued, and $6154.00 �in fees were paid to the NY State Comptroller.

Tax Collector�s report for April 2016:

Total number of bills collected - 3,010

Total tax collected - $3,075,069.96

Percentage collected � 92.8%

Historian�s report: �April 2016

The Historian had 9 posts on our website with 91 visitors, four of which were inquiries for research.� He is finishing up his research on baseball player John Mulligan.� He also attended a meeting of the Saratoga County Historians at the Brookside Museum.� He took a family vacation tour of Washington DC and was amazed at the various references to Saratoga and how many people in Washington have visited Saratoga; referencing that one of the four paintings of American History in the Rotunda in the US Capitol is of the Surrender of Burgoyne.� He was also surprised that 4 statues, out of 100, in the National Statuary Hall Collection in the United States Capitol, have connections to Saratoga.� There is a National Archives exhibit on how the American victory at Saratoga was communicated.� Our community is mentioned in marble at the Arlington Memorial Amphitheater and in the Smithsonian Institution�s National Museum of American History.� �

The following will take place in May:

May 19 � Joint meeting of the Old Saratoga Historical Association and the Stillwater Historical Association � 7:00 p.m. at the Battlefield Visitor�s Center � subject will be the Incas.

May 21 � Heritage Hunters will meet at the Town Hall at 1:00 p.m. � subject will be the history of the Civil War.

Assessor�s report for April 2016:

The month of April was spent getting things finalized for the Tentative Assessment Roll and

submitting them to Saratoga County for production.� The Tentative Assessment Roll is available for public inspection at the Town Hall and on our website. �Sales from the county have not been released from March 1st to date.�

The Assessor will be sitting with the roll on the following dates:

Monday evening May 16^th - �4:00 � 7:00 p.m

Saturday May 21^st �- �12:30 p.m. � 4:00 p.m.

Grievance Day will be held on Tuesday, May 24^th from 4:00 � 8:00 p.m.��

The Assessor�s office continues to be open Tuesdays and Wednesdays, 9:00 a.m. � 1:00 p.m.

Highway Superintendent�s report:� April �2016

v Re-grade on Swamp & Dodd Rd.

v Cutting brush and sweeping intersections with boom� mower

v Swept the developments with the Elgin Sweeper

v Full maintenance of fluids, filters, brake checks & inspections on trucks 1, 2, 3 & 5 have been completed

v Maintenance on the Elgin & small roller is completed

v Pick-ups have been inspected; pick-up #2 needed brakes & front universal repairs

v Pick-up purchased from the Water Dept. had tie rods replaced, front end alignment, new flatbed� installed and repainted the truck orange

v Spent 2 days clearing & chipping on the Siege Trail & 2 days addressing Schuyler Park parking lot

v Plowed at 1 storm & sanded at 1 storm

v Four men took a Tractor Mower Safety Training Course sponsored by Capital Tractor

v Highway Superintendent attended a training class given by Cornell on Running a Highway Department, here at the Town Hall

Supervisor�s report: �

�� SUPERVISOR�S REPORT APRIL 2016

�� GENERAL FUND � TOWNWIDE (A FUND)��

�� Balance on hand APRIL 1�� $ 1,178,623.14

�� APRIL Revenues�� +� ��67,654.98

�� APRIL Disbursements�� -�� 90,003.20

�� Balance APRIL 30�� $ 1,156,274.92

��

�� GENERAL FUND � OUTSIDE VILLAGE (B FUND)

�� Balance on hand APRIL 1�� $ 1,467,131.66

�� APRIL Revenues�� +� ��2,164.86

�� APRIL Disbursements�� -� ��90,286.59

�� Balance �APRIL 30�� $ �1,379,009.93

�� HIGHWAY FUND � OUTSIDE VILLAGE (DB FUND)

�� Balance on hand APRIL 1�� $ ��688,472.37

�� APRIL Revenues�� + ��208,133.31

�� APRIL Disbursements�� - ��89,019.78

�� APRIL Balance APRIL 30�� $ ��787,585.90

�� SCHUYLER PARK CAPITAL PROJECT APRIL 30�� $ 150,437.44

YOUTH RECREATION & SERVICE� APRIL 30�� $� ��2,822.10

��

HIGHWAY EQUIPMENT RESERVE� APRIL 30� �� $ �103,012.14

�� BUILDING RESERVE� APRIL 30�� $ ��204,745.52��

�� SCENIC BY WAYS GRANT �APRIL 30�� $� ��311.01

�� PARK RESERVE �APRIL 30�� $ ��101,956.55

�� TRUST & AGENCY� APRIL 30�� $�� 55,881.46

�� MOBILE HOME GRANT �APRIL 30�� $�� 24.31

�� HOME IMPROVEMENT GRANT� APRIL 30�� $�� 19,329.95

�� (holding checks until funds are deposited)

��

�� CDBG GRANT� APRIL 30�� $�� 19.46

�� HISTORIC HUDSON HOOSICK RIVER �APRIL 30�� $� �231,874.87

�� PARTNERSHIP

v Sales Tax Received � April 2016 - $121,482.00

v Mortgage Tax - March 2016 - $9,586.50

��

Public comments on agenda items: None

Committee reports: �No report

��

Landfill: �No report

�

Insurance: �No report

��

Youth: No report

Senior Citizens:� The Old Saratoga Seniors met on April 20^th for a sandwich luncheon and tea cup auction. �The following trips are planned:

May 16^th� - �Westin, VT

July 22^nd -� �Erie Canal

September 23^rd -� �Lake George Steamboat

Please contact Mary LaMora at #584-7986 for reservations by 4/26/2016.

Next month�s meeting will be held on May 4^th with a casserole luncheon.

The Quaker Springs Sunshiners met on April 11^th with 23 members in attendance.� They had a chicken and biscuit prepared for them by Faye Bratage and was assisted by Anise Burke and Kathy Thomas.� Trips are being discussed with the possibilities of a boat ride, visit to cloisters and perhaps a museum.� They also had a meeting on March 14^th with guest speaker Christy Durant from the Sumit at Saratoga which is a new senior apartment building that recently opened on Perry Rd. in Wilton, NY.� Faye Bratage has received information from Earharts in PA with a listing of different shows and contacted Upstate to see what trips they will be offering.�

Parks/Schuyler Park Committee: �

Councilman Gary Squires stated the following about Schuyler Park:

v The website has been updated to remind visitors to the park that it is a �NO DOGS ALLOWED� park.�

v Emails were sent out to all coaches to notify the parents about driving slowly in the park as well as to enforce the �NO DOGS ALLOWED� rule.

v Ed Smith is working on signs to reinforce the rules in effect � �NO DRIVING ON THE FIELDS� and �NO DOGS ALLOWED� in the park.� There have been two instances of trucks driving across the fields; one of whom is a T-Ball coach.

He noted that Jim Collins has spread calcium on the roads/parking lot to help keep the dust down and that Laurie Griffen contacted those who emailed her about the dust, letting them know it was being addressed.

Office of Emergency Management:� No report

GSES, QSFD, SLPID/SLA Reports:

Quaker Springs Fire Department: �14 calls for the month of April

Old Business:�

New Business:

On a motion made by Councilman Michael McLoughlin and seconded by Councilman ��Gary Squires, the following Resolution #16- 72 � Local Law #4 of 2016 � Enacting a Temporary Moratorium Prohibiting Clear Cutting of Forested Lands was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried 5 � 0.

WHEREAS, The Town of Saratoga is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme regarding the clear cutting of forested land in the Town of Saratoga.� The Town Board is of the opinion that a period of time is needed in order to adequately review, study and plan for such a land use regulation, and

WHEREAS, for purposes of this temporary moratorium, clear cutting shall be defined as follows: A forested stand of greater than two acres in which substantially all trees have been removed in a single operation or a series of related operations, therefore be it

RESOLVED that this moratorium shall take effect immediately and continue for a period of six months from the effective date of this local law.� (Local Law #4 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. �� 4�� of the year 2016

A local law� �to enact a temporary moratorium prohibiting the clear cutting of forested land in the Town of Saratoga .�

Be it enacted by the �� Town Board�� of the

�� (Name of Legislative Body)

�

�� Town of �� Saratoga�� as follows: �

SECTION 1 � Legislative Findings.�

�� The Town of Saratoga is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme regarding the clear cutting of forested land in the Town of Saratoga.� The Town Board is of the opinion that a period of time is needed in order to adequately review, study and plan for such a land use regulation.��

SECTION 2 - Moratorium.

�� There is enacted a temporary moratorium prohibiting the clear cutting of forested land, as defined below, in the Town of Saratoga.� This moratorium shall continue for a period of six months from the effective date of this local law.

SECTION 3 - Definition.

�� For purposes of this temporary moratorium, clear cutting shall be defined as follows:

�� Clear Cutting

A forested stand of greater than two acres in which substantially all trees have been removed in a single operation or a series of related operations.

SECTION 4- Penalties for Violation

�� The penalties for a violation of this local law shall be the same as set forth in Section 400-70 of the Town Code.

SECTION 5 � Effective Date.

�� This local law shall take effect immediately.

On a motion made by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin, the following Resolution #16-73 � Local Law #5 of 2016 � Repealing Article I of Chapter 216 of the Town of Saratoga Code- Dumping of Horse Manure, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.� Carried 5 � 0.�

�� RESOLVED by the Town Board of the Town of Saratoga, to repeal Article I of Chapter 216 of the Town Code of the Town of Saratoga - Dumping of Horse Manure, is hereby repealed in its entirety, and be it further

�� RESOLVED, by the Town Board of the Town of Saratoga, to adopt Local Law #5 of 2016 � Repeal Article I of Chapter 216 of the Town of Saratoga Code (Local Law #5 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. �� 5�� of the year 2016

A local law �to repeal Article I of Chapter 216 of the Town of Saratoga Code.��

Be it enacted by the �� Town Board�� of the

�� (Name of Legislative Body)

�

�� Town of �� Saratoga�� as follows: �

SECTION 1 � Repeal of Law

�� Article I of Chapter 216 of the Town Code of the Town of Saratoga (Dumping of Horse Manure) is hereby repealed in its entirety.

SECTION 5 � Effective Date.

�� This local law shall take effect immediately.

On a motion made by Councilman �Charles Hanehan and seconded by Councilman Gary Squires, �the following Resolution #16- 75 � Mass Gathering for Sundae on the Farm was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.� Carried 5 � 0.

�� WHEREAS, the Town Board of the Town of Saratoga has received and reviewed the application for a Mass Gathering Permit by the Saratoga County Ag Promotion Committee, 50 West High Street, Ballston Spa, NY 12020 for Sundae on the Farm, on Sunday, June 12h at Turning Point Dairy, County Road 67, Town of Saratoga, from noon to 4:00 p.m. The estimated number of people attending is 3,800+/-, and

WHEREAS, the required information has been submitted, as required by Local Law #2

of 2006, and

�� WHEREAS, the Town Board of the Town of Saratoga has held a public hearing on May 9th , 2016 for input by interested persons; and

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

RESOLVED, by the Town Board of the Town of Saratoga that the permit is granted.

On a motion made by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin, the following Resolution #16-76 � Zoning board of Appeals Appointment � Nicholas Schwartz, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried� 5 � 0.

WHEREAS, Stephen Bodnar, Zoning Board of Appeals Chairman, has submitted his resignation, therefore be it

RESOLVED, that the Town Board of the Town of Saratoga appoints Nicholas Schwartz to fulfill the term of Stephen Bodnar (1/1/12 � 12/31/16), as Member of the Zoning Board of Appeals from 5/9/16 � 12/31/16.

On a motion made by Councilman Michael McLoughlin and seconded by Councilman ��Gary Squires, the following Resolution #16- 77 � Purchase of Development Rights � Drumm Farm, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried� 5 � 0.

WHEREAS, Fred W. Drumm; Ruth L. Drumm; Mitchell Drumm Produce, Corp by Fred W. Drumm and Ruth L. Drumm; and Ruth L. Drumm serving as Temporary Administrative Agent for Fred W. Drumm, as decreed by the Saratoga County Surrogate Court for purposes of conveying a conservation easement, are the owners of certain real property (the �Property�) consisting of approximately� 171.51+/- acres of viable agricultural land in tax map parcels #156.-3-30.111, #156.-3-46, #169.-2-34, #169.52-1-1, #170.21-1-5.24, and #170.21-1-5.21 located on Burgoyne Road, NYS Rte. 32 S and Cemetery Avenue, in the Town of Saratoga and the Village of Victory, Saratoga County, New York. Fred W. Drumm, Ruth L. Drumm, and Mitchell Drumm Produce intend to permanently protect their farm for agricultural purposes by conveying a permanent conservation easement on the Property, and

WHEREAS, Saratoga PLAN is a New York not-for-profit corporation within the meaning of Article 49, Title 3 or the Environmental Conservation Law of the State of New York (together with any successor statute, the �ECL�), is organized for, among other purposes, conserving real property, is a tax exempt and qualified organization within the meaning of Sections 501(c)(3), 509(a) and 170(b)(1)(A)(vi) of the Internal Revenue Code (the �Code�), and is a �qualified organization� to accept, purchase, and hold conservation easements under Section 170(h) of the Code of Treasury Regulation Section 1.170A-14(c), and

WHEREAS, Article 14, Section 4 of the New York State Constitution States: �The policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;� and

WHEREAS, Section 49-0301 of the ECL states: �The legislature hereby finds and declares that in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, the preservation, development and improvement of agricultural and forest lands,� is fundamental to maintenance, enhancement and improvement of � balanced economic growth and quality of life in all areas of the state;� and

WHEREAS, the property is located within Saratoga County�s Agricultural District #1, created pursuant to Article 25-AA of the New York State Agriculture and Markets Law (the �AML�).� Section 300 states:� �It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes.� When nonagricultural development extends into farm areas, competition for limited resources results� it is, therefore, the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products� It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State�s agricultural lands as a viable segment of the local and state economies and as an economic and environmental resource of major importance;� and

WHEREAS, Article 25-AAA, Section 321 of the AML states:� �It is hereby found and declared that agricultural lands are irreplaceable state assets.� In an effort to maintain the economic viability, and environmental and landscape preservation values associated with agriculture�, the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans to assist both county and municipal governments in the implementation of such plans.� The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics;� and

WHEREAS, the property is located within Saratoga County, whose Agricultural and Farmland Protection Board passed a resolution endorsing the conservation of this property and submission of a funding application to NYS for such purpose on May 5, 2016. Saratoga County adopted an Agricultural and Farmland Protection Plan in December, 1997 and a Green Infrastructure Plan in November, 2006.� The Agricultural and Farmland Protection Plan recommends:

�� a. Support Local PDR Projects

i. �Encourage partnerships between landowners, local governments, private�� organizations, and the county to leverage access to existing state and federal funds for�� purchase of development rights (�PDR�).

�� b. Support Agricultural Conservation Easements

i. �Encourage landowners to learn more about private conservation options like conservation easements and promote public-private partnerships to expand these efforts� and

The Green Infrastructure Plan recommends:

c. �Help county municipalities and other partners create protection priorities, goals, and strategies for the conservation of natural heritage� (pg. 67)

d. Create greenway corridors between natural system hubs.

WHEREAS, the majority of the property is located within the Town of Saratoga which was adopted a Comprehensive Plan in February 2002. The Plan identifies agriculture as the most important industry in Saratoga, vital to the town�s economic well�being.� The plan recommends:

�� a. Preserve and encourage agricultural use within the town (pg. 2-1)

i. �Encourage public, private and not for profit groups to purchase or secure by other means development rights from farmland while allowing agricultural use to continue�

b.� Preserve and protect the unique natural areas and plant and animal communities within the town� (pg. 2-2)

i. �Encourage private groups such as Saratoga PLAN to implement conservation easements to protect the town�s unique environmental areas�.� And

WHEREAS, the property consists primarily of �productive agricultural land.� The Property contains of 37% prime soils and 39% soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Services, and

WHEREAS, Saratoga PLAN determined that accepting a conservation easement on the Property will enhance the long-term agricultural values of the Property and promote the use of soil conservation practices, which will further Saratoga PLAN�s charitable purposes of protecting the distinctive rural character of Saratoga County and its lands and waters of a significant historic and ecological value. The property ranks highly in Saratoga PLAN�s agricultural landscape analysis of 2013 and is located within a priority agricultural conservation area in the organization�s conservation plan of 2014, and

WHEREAS, Fred W. Drumm; Ruth L. Drumm; Mitchell Drumm Produce, Corp by Fred W. Drumm and Ruth L. Drumm; and Ruth L. Drumm serving as Temporary Administrative Agent for Fred W. Drumm and Saratoga PLAN agree that the purpose of the agricultural conservation easement will be to conserve Viable Agricultural Land by preventing the conversion of the property to non-farm uses.� In achieving such prevention the Property shall be forever reserved for continued Agricultural Use and limited residential use associated with farming operations.� Now, therefore be it

RESOLVED, that the Town of Saratoga Town Board passed a Resolution on May 9, 2016 at a regular Town Board meeting, to endorse the submission of an application from Saratoga PLAN, in cooperation with Saratoga County Planning Department, to New York State Department of Agriculture and Markets for funding to Purchase Development Rights on Drumm Farm, owned by Fred W. Drumm; Ruth L. Drumm; Mitchell Drumm Produce, Corp by Fred W. Drumm and Ruth L. Drumm; and Ruth L. Drumm serving as Temporary Administrative Agent for Fred W. Drumm,� and for Saratoga PLAN to hold and uphold a perpetual conservation easement on the land.

On a motion made by Councilman� Michael McLoughlin and seconded by Councilman�� Gary Squires, the following Resolution #16- 78 � Purchase of Development Rights � McMahon Thoroughbred Farm, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried 5 - 0

WHEREAS, Joseph and Anne McMahon are the owners of certain real property (the �Property�), known as the McMahon Thoroughbred Farm, consisting of approximately 234+/- acres of viable agricultural land in tax map parcels #194.-2-58, # 207.-1-17.2 and # 207.-1-9 and located on NYS Rte. 32, County Rte. 71 and Dodd Road, in the Town of Saratoga, Saratoga County, New York.� Joseph and Anne McMahon are interested in protecting their farm for agricultural purposes by conveying a permanent conservation easement on their property, and

WHEREAS, Article 14, Section 4 of the New York State Constitution States: �The policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;� and

WHEREAS, Section 49-0301 of the ECL states: �The legislature hereby finds and declares that in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, the preservation, development and improvement of agricultural and forest lands,� is fundamental to maintenance, enhancement and improvement of � balanced economic growth and quality of life in all areas of the state;� and

WHEREAS, are irreplaceable state assets.� In an effort to maintain the economic viability, and environmental and landscape preservation values associated with agriculture�, the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans to assist both county and municipal governments in the implementation of such plans.� The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics;� and

WHEREAS, the property is located within Saratoga County, whose Agricultural and Farmland Protection Board passed a resolution endorsing the conservation of this property and submission of a funding application to NYS for such purpose on May 5, 2016. The property is located within Saratoga County, which adopted an Agricultural and Farmland Protection Plan in December, 1997 and a Green Infrastructure Plan in November, 2006.� The Agricultural and Farmland Protection Plan recommends:

�� a. Support Local PDR Projects

i. �Encourage partnerships between landowners, local governments, private organizations, and the county to leverage access to existing state and federal funds for�� purchase of development rights (�PDR�).

�� b. Support Agricultural Conservation Easements

i. �Encourage landowners to learn more about private conservation options like conservation easements and promote public-private partnerships to expand these efforts�

The Green Infrastructure Plan recommends:

c. �Help county municipalities and other partners create protection priorities, goals, and strategies for the conservation of natural heritage� (pg. 67)

d. Create greenway corridors between natural system hubs.

WHEREAS, the property is located within the Town of Saratoga which was adopted a Comprehensive Plan in February 2002. The Plan identifies agriculture as the most important industry in Saratoga, vital to the town�s economic well �being.� The plan recommends:

�� a. Preserve and encourage agricultural use within the town(pg. 2-1)

i. �Encourage public, private and not for profit groups to purchase or secure by other means development rights from farmland while allowing agricultural use to continue�

b.� Preserve and protect the unique natural areas and plant and animal communities within the town�(pg. 2-2)

i. �Encourage private groups such as Saratoga PLAN to implement conservation easements to protect the town�s unique environmental areas�.� And

WHEREAS, the property consists primarily of productive agricultural land. �The property contains of 32% prime soils and 31% soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Services, and

WHEREAS,� Saratoga PLAN determined that accepting a conservation easement on the property will enhance the long-term agricultural values of the property and promote the use of soil conservation practices, which will further Saratoga PLAN�s charitable mission of protecting the distinctive rural character of Saratoga County and its lands and waters of a significant historic and ecological value.� The property ranks highly in Saratoga PLAN�s agricultural landscape analysis of 2013 and is located within a priority agricultural conservation area in the organization�s conservation plan of 2014, and

WHEREAS, McMahon Thoroughbred Farm, Joseph and Anne McMahon and Saratoga PLAN agree that the purpose of the agricultural conservation easement will be to conserve Viable Agricultural Land by preventing the conversion of the property to non-farm uses.� In achieving such prevention the property shall be forever reserved for continued Agricultural Use, now therefore be it

RESOLVED, that the Town of Saratoga Town Board passed a Resolution on May 9, 2016 at a regular Town Board meeting, to endorse the submission of an application from Saratoga PLAN, in cooperation with Saratoga County Planning Department, to New York State Department of Agriculture and Markets for funding to Purchase Development Rights on McMahon Thoroughbred Farm, owned by Joseph and Anne McMahon, and for Saratoga PLAN to hold and uphold a perpetual conservation easement on the land.

On a motion made by Councilman� James Jennings and seconded by Councilman�� Gary Squires, the following Resolution #16- 79 � Authorization for Legal Action � Zoning Infraction � Paul C. Matey & Nicholas Scialdone, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried 5 - 0

WHEREAS, the Town has been made aware of violations of the Town Code by Paul C. Matey and Nicholas Scialdone,� 698 Rt. 29,� involving a failure to respond to an expired permit notice, sent on 2/12/2016, and

�� WHEREAS, the Zoning Officer has been unable to resolve this issue with Paul C. Matey and Nicholas Scialdone, it is now, therefore be it

�� RESOLVED by the Town Board of the Town of Saratoga, to authorize legal action by the Town�s Attorney, in local court, to enforce compliance.

On a motion made by Councilman� Michael McLoughlin and seconded by Councilman�� Charles Hanehan, the following Resolution #16- 80 � Authorization for Legal Action � Zoning Infraction � Richard Best, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman Charles Hanehan � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried 5 - 0

WHEREAS, the Town has been made aware of Richard Best�s violation of the Town Code, Local Law #1 of 2016, and

�� WHEREAS, the Zoning Officer has been unable to resolve this issue with Richard Best, it is now, therefore be it

�� RESOLVED by the Town Board of the Town of Saratoga, to authorize legal action by the Town�s Attorney in local court to enforce compliance.

Communication:� Supervisor Thomas Wood noted that he gave the Councilmen the new report he received on the elevator for their review.� Councilman James Jennings stated he will bring in the $20 for the Schuylerville Scholarship when back next month.�

Privilege of the floor: �No one addressed the Board.� Councilman Charles Hanehan asked Jaime O�Neill to supply the Board with information on the NYS Ag & Markets Farmland Protection Plan; she will be happy to oblige.

Upcoming meetings:

v Agenda meeting � June 9, 2016 at 7:00 p.m.

v Regular town board meeting � Monday, June 13, 2016 at 7:00 p.m. �

Audit the Bills: On a motion by Councilman James Jennings and seconded by Councilman Michael McLoughlin, �the following Resolution #16-81 - Approving the Payment of Bills in Abstract 4G, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Charles Hanehan � aye, Councilman Michael McLoughlin � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried 5 � 0.

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment

of the bills listed in Abstract #5G in the following amounts:

General Fund A ��Voucher No. 127 through 159�� $ �15,457.14

General Fund B �� Voucher No. 19 through 25 �� $� ��4,917.63

Schuyler Park H�� Voucher No. 6 through 11�� $�� 4,904.90

Highway DB�� Voucher No. 65 through 89� �� $� 25,416.55

HH�� Voucher No. 6 through 8�� $ �12,213.37

�� Grand Total�� $� 62,909.59��

A motion to adjourn at 9:10 p.m. was made by Councilman Charles Hanehan and seconded by Councilman Gary Squires. �Supervisor Thomas Wood - aye, Councilman Charles Hanehan � aye, Councilman Michael McLoughlin � aye, Councilman James Jennings � aye, Councilman Gary Squires � aye.�

Carried �5 - 0

Respectfully Submitted,

Linda A. McCabe

Town Clerk

May 16th� - �Westin, VT

Parks/Schuyler Park Committee: �

May 16^th� - �Westin, VT