DRAFT MINUTES OF THE
REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF SARATOGA, 12 SPRING ST.
May 8, 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 - present, Councilman Michael McLoughlin – present, Councilman James Jennings – present, Councilman Gary Squires – absent
Also present: Zoning Officer/Building Inspector Gil Albert, Deputy Clerk Michelle Conover, Highway Superintendent Don Ormsby Jr., Town Attorney William Reynolds, Ralph Pascucci, John Cashin, J.R. Hanna, Nash Alexander, Paul Markessinis, Mr. & Mrs. Yannios, Jean Seiler Randall O’Dell, Paul Murphy, Lauren Kirkwood, Terri Korb, Maribeth Maccia, Jan Murphy, Trish Perrault, Mr. & Mrs. Hub Miller, Mr. & Mrs. Fedoronko, Bob Barshied, Mr. & Mrs. Nirenburg. (sign-in sheet is on file in the Clerk’s office)
Recognitions/Presentations/ Bid openings/ Public Hearings:
Supervisor Thomas Wood stated the moratorium on clear cutting will expire later this month and the Town Board is ready to go forward with Local Law #4 of 2017 - Clear Cutting of Forested Land, which he then reviewed with the Board.
Public Hearing for Local Law #4 of 2017 - Clear Cutting of Forested Land, Proof of Notice in the Saratogian on April 26, 2017 having been provided, Supervisor Thomas Wood opened the Public Hearing on Local Law #4 of 2017, at 7:06 p.m., asking those wishing to speak to please stand and state their name and address for the record.
The following residents addressed the Board with their concerns of Local Law#4 of 2017, stating they feel it needs to be more precise than it is and as specific as speeding laws; clear definitions, as well as stiffer penalties need be applied:
John Cashin, 122 Cedar Bluff Rd.
Lauren Kirkwood, 26 Hill Rd.
Tom Yannios, 43 Hill Rd.
Ralph Pascucci, Rt. 29
Paul Markesinis, 154 Brown Rd.
Paul Murphy, 36 Hill Rd.
A motion was made by Councilman Charles Hanehan, seconded by Councilman Michael McLoughlin, to close the Public Hearing at 7:32 p.m. Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - absent.
Carried 4 – 0.
Approval of Minutes: A motion was made by Councilman James Jennings, seconded by Councilman Charles Hanehan, to accept the regular meeting minutes of April 10, 2017, as written. Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – absent.
Carried 4 – 0
Town Clerk’s report for April 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 $271.16. Fees paid to the New York State Health Department for Marriage licenses $22.50. Dog license fees to Supervisor Thomas Wood $324.00. Clerk fees to Supervisor Thomas Wood $76.34. Total State and Local Revenues received were $768.00.
Zoning Officer’s report for April 2017: Gil Albert reported: 22 Building Permits, 20 Building Inspections, 2 Certificates of Occupancy, 1 junk yard permit, 1 Complaint, 0 Fire inspections, 1 Order/s to Remedy, 5 misc., 0 Building Permit Renewals, 2 Property Maintenance Inspections. A check for $1,770.00 was given to Supervisor Thomas Wood.
Dog Control officer’s report for April 2017: Supervisor Thomas Wood read the following: D.C.O. Ed Cross answered 26 complaints, took 1 dog to the shelter, 0 bite case/s, traveled 109 miles, issued 16 warnings and 6 summons were issued.
Town Court report for April 2017: The following were closed: 51 Vehicle & Traffic, 11 Criminal/Penal Law, 0 DEC/ENCON, 3 Dog cases, 1 DWI, 1 Town & Village Ordinance, 1 Small Claims/Civil, 2 Evictions, 1 Hearing, 1 Defendant sentenced to probation, 0 hours of community service issued, 1 (case transfer) Divestiture Forms sent to County Court, 0 days of jail time issued, 0 Orders of Protection issued, and $6,018.00 in fees were paid to the NY State Comptroller.
Tax Collector’s report: Tax Collector Margaret Kirkpatrick recently applied for, and received, a Tax Collector's Training Conference Scholarship to attend the Tax Collector's Training & Conference at the High Peak Resort, in Lake Placid, NY. The Conference will take place June 12 - 14, 2017.
Historian’s report for April 2017: Supervisor Thomas Wood read the following:
April was a busy month. The TLC network show ‘Who Do You Think You Are’ focused on Liv and Steven Tyler (Aerosmith lead singer/American singer/songwriter), and their family ties to Victory, NY. He had 45 posts on his website with over 4400 visitors in March, due to the national television show.
The following meetings will take place in May:
May 16 - Genealogy Help Group will meet at the Schuylerville Public Library at 10 a.m.
May 18 - Historical Association & Stillwater Historical Society will meet at the Saratoga National Historical Park Visitor Center at 7 p.m., with guest speaker Drew Alberti, who will discuss naturalist Peter Kalm’s visit to our area in the early 1700’s.
May 21 - Heritage Hunters will meet at the Town Hall at 1 p.m. Kathleen Handy, Microcomputer Training Specialist for Saratoga Springs Public Library, will lead a program titled “Bringing Your Genealogical Findings to Life”.
Assessor’s report for Assessor April 2017: The month of April was spent getting things finalized for the Tentative Assessment Roll and submitting them to Saratoga County for production. The Tentative roll is available for public inspection at the Town Hall and on our website.
The Assessor will be sitting with the roll on Saturday, May 13 from 12:30 PM – 4:00 PM and on Monday evening May 8th from 4:00 – 7:00 PM.
Sales from the County have not been released from March 1st to the current time.
Tuesday, May 23, 2017 is Grievance Day. Grievances will be heard beginning at
4 p.m. and continue until 8 p.m.
The Assessor’s Office Hours are:
Mondays - 10:00 AM – 2:00 PM
Wednesdays - 9:00 AM – 1:00 PM
Highway Superintendent’s April 2017 report:
v Clearing in ditch lines of limbs and patching pot-holes
v Sweeping intersections
v Repaired guide rail on Russell Rd.
v Re-graded on Swamp Rd., Hillendale Rd., Dodd Rd. & Farrell Rd.
v Removed plows and screens from trucks
v Inspections complete on Pick Up Trucks 2, 3 & 6
v Maintenance & brake checks completed on Trucks 1, 2, 3 & 6
v Maintenance completed on back-hoe, both rollers, dozer & mowers
v Town Hall parking lot has been striped
v Repaired residents fencing and mailboxes
v Sent Chris Benn to a Pa-car engine seminar
v Sanded for 1 storm
SUPERVISOR’S REPORT APRIL 2017
GENERAL FUND – TOWNWIDE (A FUND)
Balance on hand 04/01/2017 $ 1,300,160.90
Revenues + 23,763.20
Disbursements - 57,056.35
Balance 04/30/2017 $ 1,266,867.75
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
Balance on hand 04/01/2017 $ 1,642,382.27
Revenues + 2,887.11
Disbursements - 6,735.02
Balance 04/30/2017 $ 1,638,534.36
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
Balance on hand 04/01/2017 $ 730,264.82
Revenues + 153,915.52
Disbursements - 130,642.48
Balance 04/30/2017 $ 753,537.86
SCHUYLER PARK CAPITAL PROJECT 04/30/2017 $ 144,059.53
YOUTH RECREATION & SERVICE 04/30/2017 $ 4,597.64
HIGHWAY EQUIPMENT RESERVE 04/30/2017 $ 120,820.07
BUILDING RESERVE 04/30/2017 $ 254,966.83
SCENIC BY WAYS GRANT 04/30/2017 $ 311.13
PARK RESERVE 04/30/2017 $ 151,956.55
TRUST & AGENCY 04/30/2017 $ 64,905.63
MOBILE HOME GRANT 04/30/2017 $ 00.00
HOME IMPROVEMENT GRANT 04/30/2017 $ 0.01
(holding checks until funds are deposited)
CDBG GRANT 04/30/2017 $ 0.00
HISTORIC HUDSON HOOSIC RIVER 04/30/2017 $ 77,149.70
v Sales Tax Received – April 2017 - $107,346.00
v Mortgage Tax - March 2017 - $12,887.05
Public comments on agenda items: No comments
Landfill: Supervisor Thomas Wood stated that samples were taken from the test wells on April 28th and he is awaiting the results.
Insurance: No report
Youth: Councilman Michael McLoughlin stated the Schuylerville Central School will hold an assembly with the students concerning the upcoming Red Cross Certified swimming lessons, taking place at Christ the King Spiritual Center again this year.
The following trips are planned:
May 24, 2017 - Log Cabin Restaurant in Holyoke, MA
July 6, 2017 - MacHayden Theatre, Chatham, NY
Please contact Mary LaMora, ASAP for reservation by calling #518-584-7986.
May 17th - Luncheon meeting - entertainment by the Elderly Bros.
June 14th - End of Year Birthday Luncheon will be held at Augie’s Restaurant.
He then reported that the Quaker Springs Seniors met on April 10th with 30 in attendance. They had a chicken and biscuit luncheon, with guest speaker Peter Bowden, of Hewitt’s Garden Center in Scotia, talking about what fertilizers to use for lawns, flowers and shrubs.
They donated $50 to Dollars for Scholars and $50 to SAFER. They are planning a day trip for early June; location to be decided upon at a later date.
Office of Emergency Management: New batteries for the automatic external defibrillator (AED) have been purchased for the Town Hall.
GSES, QSFD Reports: Quaker Springs Fire Chief Don Ormsby stated that Quaker Springs Fire Department has had 31 calls to date in 2017. He also reported that they held a chicken barbeque on May 7th and they sold 107 chicken dinners. They will also hold a ham dinner on October 15th.
Nash Alexander of Wilton EMS reported to the Board.
Old Business: The Board discussed issues on Brown Road.
On a motion made by Councilman Charles Hanehan, seconded by Councilman James Jennings, the following Resolution #17-61 - Liquor License 30 Day Waiver - The Cove in the Hudson, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – absent.
Carried 4 – 0
WHEREAS, the Town Board of the Town of Saratoga, acknowledges that a Liquor License Application has been filed by The Cove in the Hudson, LLC., formerly the Alcove Marina, located at 886 Rt. 4 S., Schuylerville, NY 12871, and in order to expedite processing the application and its approval, the Town Board has been asked to waive the thirty day waiting period provided by law, now, therefore, be it
RESOLVED, that the Town Board hereby waives the thirty day notice requirement, contained in Section 110-b of the Alcoholic Beverage Control Law, and that the Town Clerk is authorized to send a written waiver of the Town of Saratoga’s rights to the thirty day hold and that the Town of Saratoga Town Board consents to the processing and issuance of the license by the New York State Liquor Authority.
On a motion made by Councilman James Jennings, seconded by Councilman Charles Hanehan, the following Resolution #17-62 - Approving Lease, 5+ Acres to Thomas Gorsky, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – absent. Carried 4– 0
WHEREAS, the Town of Saratoga has 5 +/- acres of agricultural land at 213 Rt. 32 S, Schuylerville, next to the Town of Saratoga’s Highway Garage, that is currently not needed for town purposes; and
WHEREAS, the Town Board desires to lease such excess land for fair and adequate consideration; it is now, hereby,
RESOLVED, that 5 +/- acres of agricultural land at 213 Rt. 32 S, Schuylerville, next to the Town of Saratoga’s Highway Garage be leased to Thomas A. Gorsky Jr., Gorsky Farm, 16 Putnam Rd., Stillwater, NY 12170 for one year at $325.00 and other terms to be as set forth under a form of 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 Charles Hanehan, seconded by Councilman Michael McLoughlin, the following Resolution #17-63 - Adoption of Local Law #4 of 2017 - 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 – aye, Councilman James Jennings – aye, Councilman Gary Squires – absent. Carried 4 – 0
WHEREAS, the Town Board of the Town of Saratoga acknowledges the need to amend Local Law #3 of 2017, by adopting Local Law #4 of 2017, for the purpose of properly preserving forested land in the Town of Saratoga. The provisions of Local Law #4, 2017 are intended 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 Board of the Town of Saratoga, to adopt Local Law #4 of 2017, regulating the clear cutting of forested land in the Town of Saratoga, effective immediately. (Complete copy of Local Law #4, 2017, 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 2017
A local law to regulate 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 – Chapter 273 is hereby added to the Code of the Town of Saratoga, to be entitled “Clear Cutting of Forested Land”.
SECTION 2 –
Section 273.-1 Purpose.
The purpose of this section is to properly preserve forested land in the Town of Saratoga. Forested land is an important natural resource and an integral part of the scenic beauty and healthy ecosystem of the Town. Forested land provides soil erosion controls and surface water flow barriers. Accordingly, the clear-cutting of forested land is of concern to the people of the Town. The provisions of this local law are intended to supplement the erosion and sediment controls for land development set forth in Section 400-8.12 of the Town Code.
Section 273.-2 Definitions
A forested stand 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. Approval shall also be subject to all regulations of NYSDEC involving streams and wetlands.
Section 273.-4 Exemptions
The following uses and activities shall be exempt from this section:
1. Clear cutting in connection with an ongoing, bona fide “farm operation”, as that term is defined in
Section 301 (11) of the NYS Agriculture and Markets Law. However, such clear cutting shall still require a written application to the Code Enforcement Officer and the issuance of a permit consistent with the provisions of this section and NYSDEC regulations. Such application shall be made by the property owner, and (if applicable) the lessee of the property. The fee for such application is $25.00.
2. Clear cutting as part of work performed on a development subdivision previously approved by the Planning Board.
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 not exceeding $1,000.00, or alternatively, a higher amount
not exceeding double any gain realized from the commission of the violation, or 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, and to compel arboreal restoration of the affected forested land.
SECTION 3 – Effective Date.
This local law shall take effect immediately.
Privilege of the floor: Marge McShane, Ralph Pascucci, Paul Murphy and John Cashin addressed the board with continued concerns of Local Law #4.
Terri Korb addressed the Board asking them to hire an additional zoning officer and to use their microphones when speaking.
Supervisor Thomas Wood stated they do use their microphones.
v Agenda meeting – Thursday, June 8, 2017 at 7:00 p.m.
v Regular Town Board meeting – Monday, June 12, 2017 at 7:00 p.m.
Audit the Bills: On a motion by Councilman James Jennings, seconded by Councilman Michael McLoughlin, the following Resolution #17-64 - Approving the Payment of Bills in Abstract 5G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – absent.
Carried 4 – 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 DB Voucher No. 72 through 91 $ 9,033.48
General Fund A Voucher No. 111 through 146 $ 18,756.39
General Fund B Voucher No. 20 through 25 $ 3,426.94
Schuyler Park H Voucher No. 08 through 09 $ 224.51
Farmland Protection Voucher No. 04 $ 2,794.90
HH Voucher No. 22 through 25 $ 48,960.13
Grand Total $ 83,196.35
A motion to adjourn at 9:20 p.m. was made by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan. Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – absent.
Carried 4 - 0
Linda A. McCabe