DRAFT MINUTES OF

TOWN BOARD MEETING

OF THE TOWN OF SARATOGA,

30 FERRY ST.,

SCHUYLERVILLE, NY

April 14, 2008

7:00 P.M.

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

Roll call: Ruth Drumm, Town Clerk, called the roll. Supervisor Thomas Wood- present, Councilman Fred Drumm - present, Councilman Charles Hanehan- present, Councilwoman Betty Koval - present, and Councilman Michael McLoughlin – present.

Also present: Town Attorney William Reynolds, Highway Superintendent Dave Hall, Zoning Officer Gil Albert, Deputy Town Clerk Linda McCabe, Tax Collector Jim Gorham and many other interested members of the public.

Recognitions/Presentations/ Bid openings/ Public Hearings:

On a motion by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan the following Resolution #08-66 “Superintendent Frank Dean – National Park Week” was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, Saratoga National Historical Park Superintendent Frank Dean, once said, “This project will provide a great opportunity for the public to learn more about our nation's history while enjoying scenic views ”, and that focus on the visitor can best describe the four years that Frank Dean has served as a genuine leader in our community; and

WHEREAS, the citizens of the Town of Saratoga have recognized Superintendent Frank Dean for his contributions to the visitor experience of thousands of tourists who visit the Old Saratoga region; and

WHEREAS, having served as Saratoga National Historical Park Superintendent, Frank Dean has lead a number of important initiatives including dedicating the Saratoga Monument, rehabilitated the exterior of the Schuyler House, pushing forward the Victory Woods project, and being a guiding light in the development of the Old Saratoga on the Hudson/ Saratoga-Washington on the Hudson Partnership projects. Throughout his four years experience, Dean has exemplified the best qualities of those who have chosen to devote their lives to the honorable profession of public service; and

WHEREAS, the visitors and the citizens of the Town of Saratoga will greatly miss the leadership of Superintendent Frank Dean, who leaves his legacy of developing strong partnerships over endless hours of working with our community each year;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF SARATOGA BOARD, is proud to honor and commend Park Superintendent Frank Dean, a man who stands admirably as an example for any Saratogian of a true leader of vision to his community and the country; and

FURTHER BE IT RESOLVED, that the Town of Saratoga Board wishes Frank Dean success, health and happiness in his new position as chief of the National Park Service Centennial Planning Office; and

FURTHER BE IT RESOLVED, that the Town of Saratoga hereby declares April 19-27, 2008, as “Superintendent Frank Dean – National Park Week” in the Town of Saratoga as part of the annual Presidentially proclaimed week for celebration and recognition of the National Parks; and

FURTHER BE IT RESOLVED, that a copy of this resolution be spread upon the pages of the Minutes of the Town of Saratoga Board as a permanent record; and

FURTHER BE IT RESOLVED, that a copy of this resolution be dispatched to the Park Superintendent Frank Dean, a distinguished and resolute leader and public servant.

Proof of notice having been furnished the following Bid was opened for the 1987 Gradall 660C, sole bid:

Hazleton Equipment Co., 500 S. Church Street, Hazleton, PA 18201 - $2,791

Supervisor Thomas Wood noted that action will be taken under New Business later in the meeting.

Proof of notice having been furnished the Public Hearing on Mass Gathering Permit #1 of 2008- NYS High School Rowing Championships – May 10^th & 11^th was opened at 7:09 p.m. by Supervisor Thomas Wood. No one addressed the board. On a motion by Supervisor Thomas Wood and seconded by Councilman Fred Drumm the public hearing was closed at 7:10 p.m. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

Supervisor Thomas Wood explained that the proposed law has been revised since last month to only include non-commercial Wind Energy Conversion Systems. He added that a Special Use Permit will be required from the Planning Board and the fee for that is $200. Proof of notice having been furnished Supervisor Thomas Wood opened the Public Hearing on Local Law #3 of 2008 – Zoning Amendment adding provisions for construction of Wind Energy Conversion Systems at 7:15 p.m.

Wayne Bakken voiced concerns over the 1.5x the height of the tower setbacks in the new law.

Marion Craine stated that she applauds the board for drafting a law to permit Wind Energy Conversion Systems for residential use.

All who wished to speak having done so, Supervisor Thomas Wood made a motion, seconded by Councilman Charles Hanehan to close the public hearing at 7:24 p.m.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

Approval of Minutes: A motion was made by Councilwoman Betty Koval

and seconded by Councilman Michael McLoughlin to accept the minutes of the March 10^th regular meeting, and the March 28^th special meeting as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

Town Clerk’s report for March 2008: Town Clerk Ruth Drumm reported. Fees paid to the County Treasurer for Dog Licenses $148.17. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $45.00. Fees paid to New York D.E.C. for hunting and fishing licenses $75.01. Fees paid to the New York State Health Department for Marriage licenses $0. Dog license fees to Supervisor Thomas Wood $392.83. Clerk fees to Supervisor Thomas Wood $34.74. Total State, County, and Local Revenues received were $695.75.

Zoning Officer’s report for March 2008: Zoning Officer Gil Albert reported: 10 Building Permits, 11 Building Inspections, 4 CO’s, 0 Complaints, 8 misc., and 1 Building Permit renewal. A check for $2,941.90 was given to Supervisor Thomas Wood.

Zoning Officer Gil Albert reported that the building at 1390 Rt. 9P owned by Calvin Gong has been stabilized and the second story removed. There is a Court date set for 4/15/2008 to deal with the remaining problems.

Dog Control officer’s report for March 2008: Supervisor Thomas Wood read the report for DCO Ed Cross. He answered 17 complaints, traveled 102 miles, issued 9 warnings, took 1 dog to the shelter, responded to 1 dog bite and 15 summonses were issued.

Town Court report for March 2008: The following were closed: 94 Vehicle & Traffic, 10 Criminal/Penal Law, 3 DEC/ENCON, 3 Dog cases, 2 DWIs, 0 Town & Village Ordinance, 1 Small Claims/Civil, 1 Eviction, 1 Bench trial, 1 Divestiture Form (case transfers) sent to County Court, 13 attended the Science of Speed School, 0 Defendants sentenced to probation, 155 hours of community service issued, 0 days of jail time issued, 1 Order of Protection issued, and $5,865.00 in fees were paid to the NY State Comptroller.

Tax Collector’s report: Tax Collector Jim Gorham reported that he has collected $2,430,713.92 through April 2^nd, 2008, which includes $5,473.14 in penalties and $324 in second notice fees. He added that he is done collecting and he settled with the County Treasurer on April 7^th.

Historian’s report: Deputy Historian Pat Peck read the following report submitted by Historian Sean Kelleher.

The Historian’s office is moving along this month. We had some inquiries on home histories and a request from a property owner for a copy of photos. We have been developing a system where we scan the photos and save them on a CD. Then the individual can go to a commercial establishment – camera shop or copy center - and get a nice copy for their personal use. The Old Saratoga Historical Association has planned a night to reminisce about the good old days at the corner school in Schuylerville on Thursday, April 24. The evening will start with a tour of the school at 7:00 pm, followed by a time to reflect on days spent in this school at 7:30 pm.

In the region, there has been good news. Saratoga National Historical Park is losing Superintendent Frank Dean, which is a great loss because of his leadership and willingness to partner beyond the Park boundaries. Dean is moving on to a great position as chief of the National Park Service Centennial Planning Office. At the same time, our office is excited that the National Park has appointed Joe Finan as the new Superintendent. Finan has spent many years at Saratoga supervising the facilities and as Assistant Superintendent. Finan has overseen numerous projects including renovations of Saratoga Monument and preservation of the Schuyler House. In other news, the State budget has funded the Quadricentennial Commission including events in Saratoga County and Schuylerville. The French and Indian War Anniversary Commission, which I serve on as the Governor’s representative, has seen increased funding which supports project partnerships, including one with the Old Saratoga Historical Association working on a display of the life of General Schuyler. In addition, the budget included moneys for the Saratoga-Washington on the Hudson Partnership.

Deputy Historian Pat Peck reported that she attended meetings of the NYS Association of Public Historians in Glens Falls on April 17^th – 19^th. She added that she continues to attend monthly meetings at the Schuylerville Library to help folks research their family history.

Assessor’s report: Assessor Victoria Hayner reported:

March was a busy month in the Assessor’s Office. We spent the month “fine-tuning” our Assessment roll. The various tasks required for update were adding exemptions, reviewing building permits and making sure valuation on completed as well as partially completed projects was updated. We also met with property owners requesting a conference to discuss their concerns regarding their property valuation.

The first two weeks in April were spent in getting all things ready for submitting the Tentative Roll for 2008 to the County for reproduction. We anticipate receiving the 2008 roll by May 1^st at which time it is available for public inspection. The public is invited to review their property information and assessment Monday through Friday between the hours of 9:00 AM and 1:00 PM. The Assessor will be available on Monday, Wednesday and Thursdays between the hours of 10:00 AM and 1:00 PM. The Assessor will also “sit with the Roll” on Monday, May 12^th from 4:00 PM – 7:00 PM and Saturday, May 17^th between the hours of 9:30 AM and 12:30 PM.

We have been out and around the Town doing inspection of various parcels and updating pictures as necessary and will continue the updating of property inventory.

Supervisor’s report: Supervisor Thomas Wood presented his financial report as follows:

MARCH 2008

GENERAL FUND – TOWNWIDE (A FUND) YTD 3/31

Balance on hand Mar. 1 $1,166,893.92

March Revenues + 23,405.62 554,948.40

March Disbursements -49,987.02 125,157.89

Balance March 31 1,140,312.52

GENERAL FUND – OUTSIDE VILLAGE (B FUND)

Balance on hand Mar. 1 $235,240.33

March Revenues +42,070.50 183,016.82

March Disbursements -112,623.01 124,482.29

Balance March 31 $164,689.82

HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)

Balance on hand Mar. 1 $405,692.08

March Revenues + 150,609.30 226,295.32

March Disbursements - 225,516.52 321,113.44

Balance March 31 330,784.86

YOUTH RECREATION & SERVICE Mar. 31 $642.93

HIGHWAY EQUIPMENT RESERVE Mar. 31 $898.67

BUILDING RESERVE Mar. 31 $1,222,449.91

PARKS Mar. 31 $52,686.74

RISK Mar. 31 $28,844.84

Supervisor Thomas Wood reported that Clarence Fosdick has been working on the Census Update. He explained that it is an important task as we need to research and include as many residences as we can identify so that everyone gets counted for the 2010 census. He added that this will help the town in receiving aid.

Clarence reported that he has turned in an additional 288 addresses for the list. A field review of the addresses will be done during the census in 2010. He added that he is done with his work until about the same time next year.

Highway: Highway Superintendent Dave Hall reported that they have been busy sweeping intersections, working on the dirt roads, and filling potholes. On Tuesday, the crew attended a 2 ½ hour safety seminar on operating the new Gradall.

Public comments on agenda items:

Steve Bodnar spoke in favor of the support for the not-for-profit foundation “Over the Rainbow for Children” stating it is a wonderful idea.

Clarence Fosdick commented on Resolution #08-67 requesting that Fish Creek be added to the NYS Open Space Plan for Region 5. He asked what the advantage would be and Supervisor Thomas Wood responded that projects within the plan receive priority when seeking grants.

Laura Welles encouraged passage of Resolution #08-67 requesting the inclusion of Fish Creek in the NYS Open Space Plan for Region 5.

Committee reports:

Landfill: Supervisor Thomas Wood reported that we have contracted with Phoenix Environmental Laboratories to do the testing at the dump and they have reported that we are in compliance.

Insurance: No report.

Youth: No report.

Buildings: Supervisor Thomas Wood reported that there are two remaining open house dates, April 15^th from 5:00 pm to 7:00 pm and Saturday, April 26^th from 9 am to noon. He added that the vote on the proposition is April 29^th from noon to 8:00 pm.

Senior Citizens:

Councilwoman Betty Koval reported that the Schuylerville Senior Citizens met on March 11^th and were entertained by Jeff Erwin, pianist, during the dinner hour. Attendance was 67. They met on March 25^th and the seniors wore entertaining hats which were judged competitively. Joe Peck, country humorist, provided the entertainment. April 8^th Dick Behrens gave a presentation reporting the history of the General Schuyler Emergency Squad. He also presented a detailed report of the plans for the new emergency squad building and the status of up-to-date skills of the department members. Attendance was 60.

Upcoming events:

May 20 & 21^st – “55 Alive” driver training

May 27^th – The Moreau Fun Band will entertain at the regular meeting.

June 10^th – The annual birthday party meeting.

June 11^th – Day trip to Chatham to see the show “7 Brides for 7 Brothers”

She added that a weather policy was adopted. If Schuylerville School is closed then the senior meeting will be cancelled.

Councilwoman Betty Koval reported that the Quaker Springs Senior Citizens had their regular luncheon meeting on March 10^th with 30 seniors attending. Today the Annual Anniversary Dinner was served. Fifty members enjoyed a great chicken dinner. Supervisor Thomas Wood, guest speaker, did a slide show explaining the proposed town purchase of the former Schuylerville elementary school as a future town office space.

A tour of Wesley Health Care Center in Saratoga Springs will be tentatively scheduled in May. Nominations for new officers are due at the June meeting. There will be a bus trip to Metamoras, Pa., June 18^th. Members will attend a dinner theater titled “Shotgun Wedding.”

Park Committee: Supervisor Thomas Wood reported that the next committee meeting is scheduled for April 29^th. They are working with the LA Group regarding the need for and cost of the archeological study for the site.

National Incident Management System Committee (NIMS): Jim Miers, Emergency Operations Coordinator, reported that there is the possibility of flooding along the Hudson River and Fish Creek and they will continue to rise this week and into the beginning of next week. He cautioned to be aware of flooded roads. There will be a beginners Ham Radio Operators course tentatively scheduled for September. In September, the Community Emergency Response Team (CERT) will be in place with some formal training. They check on residents before, during, and after a disaster and direct them to services available. Jim mentioned that he has spoken with a representative of the Schuylerville Manor, talking about getting emergency power there. He added that the folks at the Schuylerville Manor like the idea of an Emergency Shelter at the proposed town hall building. He reported that they are looking into grant opportunities for an emergency shelter and C.T. Male is helping with that. Jim asked the board to look at a Hazardous Waste Disposal Day tailored to the agricultural community. The next meeting will be on April 17^th at 2:30 pm.

Marty Hanehan, Turning Point Dairy, responded that it is open to agriculture and they have taken advantage of the collection days in the past.

Committee to Honor Volunteer Firefighters & Emergency Medical Service Workers: Supervisor Thomas Wood read Sean Kelleher’s report. The committee will plan a meeting towards the end of May. The Supervisor’s Award is being given out at the various annual dinners of the departments. We are planning on having the four awardees attend either the May or June Town Board meeting for recognition. Supervisor Thomas Wood reported that the David Nevin’s Fire Department recognized Billy Lloyd at their dinner.

GSES, QSFD, SLPID/SLA, SCFB (Saratoga County Farm Bureau) Reports:

Quaker Springs Fire Department (QSFD) : Stephen Bodnar addressed the board. He reported that the fire department responded to 7 alarms in March. The new truck is in full service. The ladders have been tested and are all okay. Physicals are now being done. They are participating in the NYS Grant for Higher Education. The $20,000 of grant money from Senator Bruno for farm rescue equipment has been received. The well has been drilled on the Rt. 9P property and the bids for the construction should go out within a week. The annual Chicken BBQ will be held on May 4, 2008 from noon – 3pm.

Saratoga County Farm Bureau (SCFB): Marty Hanehan, Turning Point Dairy, addressed the board. He thanked Supervisor Thomas Wood and the board for giving him the opportunity to talk about agriculture, the biggest industry in our town. He spoke regarding volatile prices and how farmers adapt, open space, and CAFO plans.

The price of gas, fuel, fertilizer, and grain is skyrocketing. Farmers try to adapt any way they can, usually with more efficient equipment. They also watch the markets and save money by locking in prices or pre-buying.

The Saratoga County Farm Bureau lobbies and interacts with all levels of Government. It is well known in the County, State, and even at the National Level. At the town and county level one of the biggest issues is open space. Farmers need open space to produce their products and it gives the community beautiful landscapes to drive by on a daily basis. The Saratoga County Board of Supervisors is working on preserving open space with their green infrastructure plan.

Lastly, he addressed CAFO plans, which are nutrient management plans initiated by NYS and overseen by the NYS DEC. Farms which have 200 or more cows must follow a CAFO plan. They require a tremendous amount of planning, paperwork, and management dealing with monitoring fields, manure spreading, cow and calf numbers, crop yields and rainfall records to name a few. The book has to be managed by a state approved/licensed planner.

Old business:

Laura Welles gave the history of the Larmon PDR application which initially began in July of 2006 with Saratoga PLAN purchasing the property from the Larmon’s and receiving the grant. Saratoga PLAN would own and manage the property and include public access. The application changed after Saratoga PLAN talked to the Fish Creek Rod & Gun Club about purchasing the parcel with Saratoga PLAN holding the easement. They approached the county to amend the original grant. The county would approve the amendment if the Town Board approved the amended application. This amendment would not include public access.

The board expressed the desire for the town residents to have access to Fish Creek for fishing and access for canoes and kayaks. Supervisor Thomas Wood with advice from Town Attorney William Reynolds suggested that the Fish Creek Rod and Gun Club could provide the town with a Recreational Easement to Fish Creek.

Jim Jennings of the Fish Creek Rod and Gun Club stated that unofficially the public has used a section of the creek from their property off Route 32. He voiced concerns over liability and maintenance if public access was granted. Jim Jennings will go back to the club with this condition. A meeting is needed between representatives of the Fish Creek Rod and Gun Club, Saratoga PLAN, Supervisor Thomas Wood and Town Attorney William Reynolds. Supervisor Thomas Wood added that the county committee is waiting to hear from the town.

New business:

On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm the following Resolution #08-55 – Granting of Mass Gathering Permit #1 - NYS High School Rowing Championships – May 10^th & 11^th was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – 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 Rowing Association for a Rowing Regatta as follows:

Permit #1: Saratoga Rowing Association

P.O. Box 750, 543 Union Ave.

Saratoga Springs, NY 12866

Contact: Christopher Chase, Regatta Director

Rowing Regatta, on Saturday, May 10^th & Sunday, May 11^th at Fish Creek, Saratoga Lake; and

WHEREAS, the required information has been submitted, as required by Local Law #2 of 2006, reviewed and deemed satisfactory, and

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing on April 14, 2008 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 conditional upon the Town of Saratoga receiving a Certificate of Insurance for the above event naming the Town of Saratoga as additional insured in the amount of $2 million, at least 5 business days prior to the event, and that the event is found to be in compliance with the NYS Department of Health regulations of Chapter 1, Title 10, Part 18 by the NYS DOH, and further be it,

RESOLVED, by the Town Board of the Town of Saratoga to return within 30 days following the event a portion of the application fee after expenses for the legal advertising, insurance, and any other costs incurred in the review and overseeing of the event.

Supervisor Thomas Wood asked Highway Superintendent Dave Hall if the sole bid for the Gradall of $2,791 should be accepted and he replied that he would like it rejected and readvertised with a minimum bid of $5,000.

On a motion by Supervisor Thomas Wood and seconded by Councilwoman Betty Koval the following Resolution #08-56 – Reject Bid for 1987 Gradall was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, the Town Board of the Town of Saratoga is no longer in need of the 1987 Gradall Model 660C, and

WHEREAS, the Town Board of the Town of Saratoga has advertised the sale of said equipment, therefore be it,

RESOLVED, by the Town Board of the Town of Saratoga to reject the sole bid of $2,791 from Hazelton Equipment Co., 500 S. Church Street, Hazelton PA 18201 and to readvertise with a minimum bid of $5,000 for the 1987 Gradall Model 660C.

On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm the following Resolution #08-57 – Lead Agency – SEQR Review – Local Law #3 of 2008 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, the Town of Saratoga, NY, desires to amend the Zoning Law of the Town of Saratoga by adding provisions for the allowance of wind turbines as a special permitted use in the Town, and

WHEREAS, said project is an Action subject to the provisions of the New York State Environmental Quality Review Act (SEQR) and the regulations promulgated to implement said Environmental Quality Review Act, and

WHEREAS, the provisions of SEQR require the designation of a Lead Agency” to determine the environmental significance of the Action, and

WHEREAS, this agency wishes to function as “Lead Agency” in this matter, and

WHEREAS, this agency has complied with the provisions of SEQR pertaining to “Lead Agency” designation, now, therefore, be it

RESOLVED, that this agency be and is the same hereby designated the “Lead Agency” for the purpose of conducting the SEQR review of this project.

Supervisor Thomas Wood noted that the State Environmental Quality Review (SEQR) form was filled out by the board at the agenda meeting and the board concluded that if would not have a negative impact on the environment.

On a motion by Councilwoman Betty Koval and seconded by Councilman Fred Drumm the following Resolution #08-58 – Negative Declaration – Local Law #3 of 2008

was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 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 presented to and reviewed by the Town at this meeting 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 amendments and their environmental effects as the Town has deemed appropriate, the Town makes the following findings:

(a) The zoning amendment is described in the EAF (adding provisions to allow wind turbines as a special permitted use in the Town);

(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.

State Environmental Quality Review

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

Project Number: Date: April14, 2008

This notice is issued pursuant to a Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The Saratoga Town Board as lead agency has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared.

Name of Action: Enactment of Local Law Amending Town of Saratoga Zoning Ordinance

SEQR Status: Type 1 X

Unlisted __

Conditioned Negative Declaration: ___Yes

X No

Description of Action:

Enactment of Local Law amending Town of Saratoga Zoning Ordinance by adding provisions to allow wind turbines as a special permitted use in the Town.

Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Town of Saratoga

Reasons Supporting This Declaration:

(See 617.7(a)-(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)

There are no potentially significant effects on the environment noted in the EAF for this action, and none are known to the Town. The action will not have a significant effect on the environment.

If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication in the ENB)

For Further Information:

Contact Person: Thomas Wood, Supervisor

Address: Saratoga Town Hall, 30 Ferry Street, Schuylerville, NY 12871

Telephone Number: (518) 695-3644

For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:

Chief Executive Officer, Town/City/Village of

Other involved agencies (if any)

Applicant (if any)

Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany, NY 12233-1750 (Type One Actions Only)

After board discussion on the setback requirements in Local Law #3, a motion was made by Supervisor Thomas Wood and seconded by Councilman Fred Drumm to amend Local Law #3 by striking the words dwellings, and agricultural buildings from Section 2, 2E.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

On a motion by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan the following amended Resolution # 08-59 – Adoption of Local Law #3 of 2008 – Zoning Amendment adding provisions for construction of Non-Commercial Wind Energy Facilities was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, the Town Board of the Town of Saratoga has reviewed the aforementioned changes and has determined their merit, 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 the amended Local Law #3 of 2008 – Zoning Amendment adding provisions for construction of Wind Energy Conversion Systems, as noted in the attached Local Law #3 of 2008. .

Town of Saratoga

Local Law No. 3 for the Year 2008

Wind Energy Conversion Systems

Be it enacted by the Town Board of the Town of Saratoga, as follows:

Section 1. Appendix A of the Zoning Regulations of the Town of Saratoga (Section 400 et.seq. of the Town of Saratoga Code) is hereby amended to add the following definitions in alphabetical order:

WECS – Any mechanism designed for the purpose of converting wind energy into

electrical energy.

WECS, Commercial – A WECS that is the prime use on a parcel of land and supplies

electrical power for off-site use.

WECS, Noncommercial – A WECS that is incidental and subordinate to another use on

the same parcel and supplies electrical power solely for on-site use, except that when a

parcel on which a noncommercial WECS is installed also receives electrical power

supplied by a utility company, excess electrical power generated by the noncommercial

WECS and not presently needed for on-site use may be used by the utility company in

exchange for a reduction in the cost of electrical power supplied by that company to the

parcel for on-site use.

Section 2. Article IV of the Zoning Regulations of the Town of Saratoga is hereby amended by adding Section 400-16.1 as follows:

Wind Energy Conversion Systems

A. Purpose. For the purpose of protecting the general public of the Town of

Saratoga and properties adjacent to Wind Energy Conversion Systems (WECS)

from indiscriminate placement, and related health and safety problems, the

following rules and regulations shall apply.

B. Definitions – See Appendix A.

C. Regulations – Noncommercial WECS shall be allowed by special use permit

in any zoning district; commercial WECS are a prohibited use in all zoning districts of the Town. All WECS shall conform to the following regulations.

D. Application - An applicant for a special use permit for a WECS shall submit a site plan to the Planning Board, which meets the requirements of Section 400-32, together with an application fee of $200. In addition, the following information shall be submitted and prepared:

1 )A site plan drawn in sufficient detail to show the following:

a) Location of the tower(s) on the site and the tower height,

including blades, rotor diameter and ground clearance.

15b) Utility lines, both above and below ground, within a

radius equal to the proposed tower height, including

blades.

c) Property lot lines and the location and dimensions of all

existing structures and uses on site within 500 feet of the

system.

d) Surrounding land use and all structures within 500 feet of

the WECS location.

e) Dimensional representation of the various structural

components of the tower construction, including the base

and footing.

f) Design data indicating the basis of design, including

manufacturer’s dimensional drawings and installation and

operation instructions.

g) For any tower exceeding 50 feet in height (not including blades),

certification by a registered professional engineer or a manufacturer’s

certification that the tower design is sufficient to withstand wind-load

requirements for structures as established by the New York State Uniform

Fire Prevention and Building Code.

2) A Short Form EAF shall be required for a noncommercial WECS.

E. Setback. The minimum required setback for any WECS tower from

property lines, overhead utility lines, or other WECS shall be equal to 1.5 times

the proposed structure height, including blades.

F. Noise. WECS towers shall be properly maintained and operated at all

times and shall be located with relation to property lines so that the noise

produced during operation shall not exceed fifty (50) dbA, measured at

the boundaries of all of contiguous parcels that are owned by non-site

owners.

G. Electromagnetic Interference. WECS generators and alternators shall be

properly filtered and/or shielded in order to avoid electromagnetic interference

and shall comply with the rules and regulations of the Federal Communications

Commission contained in 47 CFR Parts 15 and 18.

I. Safety.

1) No WECS shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

2) The minimum distance between the ground and any part of the rotor blade system shall be thirty (30) feet, except in the case of a roof- mounted WECS.

3) The Permittee shall meet all FAA requirements as to lighting.

J. Height.

1) Noncommercial WECS shall not exceed a total height of 100 feet, including rotor blade.

K.Visual. The Planning Board in its discretion may require the applicant to undertake a visual impact assessment. This may include such maps, photos, computer-enhanced photos, or other materials as are reasonably necessary to assist the Board in evaluating visual impact. No individual WECS shall be installed at any location which, in the opinion of the Board, would substantially detract from or block the view from a scenic vista or scenic corridor.

L. Aesthetics. No advertising signs or language may appear on any WECS tower or blade. A WECS shall be painted in neutral colors only.

Section 3.

This Local Law shall take effect immediately upon filing with the Secretary of State of

the State of New York.

On a motion by Councilman Fred Drumm and seconded by Councilman Michael McLoughlin the following Resolution #08-60 – Authorization to Deposit and Invest Town Funds was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

RESOLVED, by the Town Board of the Town of Saratoga to authorize the Town Supervisor to deposit and invest Town funds with Key Bank, 21 Congress St., Saratoga Springs, NY, NBT Bank, 80 Wolf Road, Suite 101, Albany, NY, Adirondack Trust Co., 473 Broadway, Saratoga Springs, NY, and TD Banknorth, 146 Main St., Greenwich, NY, in order to receive the best return possible on Town funds. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town.

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #08-61 Calvin Gong – Authorization for Tax Collector to include the cost of stabilizing the building at 1390 Rt. 9P in the tax to be levied on the property in the amount of $2,960.15 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, Resolution # 42 of 2008, authorized the Town of Saratoga to enforce Chapter 182-4 of the Town Code regarding unsafe buildings, against the owner of the property at 1390 Rt. 9P, identified as tax map number 193.6-1-52; and

WHEREAS, Resolution # 42 of 2008, authorized the Supervisor to enter into a contract with Art Thieverge., to secure the property at 1390 Rt. 9P, at a cost not to exceed $2,150.00; and

WHEREAS, the Town has paid Art Thieverge $2,150 to secure the property at 1390 Rt. 9P, and Town Engineer Kenneth Martin $810.15 for professional services, for a total of $2,960.15; and

WHEREAS, pursuant to Chapter 182-5 of the Town Code, the Town may now levy the costs to secure the subject property on the owner’s Town tax bill; now, therefore be it RESOLVED, that the Town Tax Collector is hereby directed to notify the Treasurer of Saratoga County of this action and to provide the Treasurer with whatever documentation he may require; and, be it further

RESOLVED, that the Town Tax Collector is hereby directed to include a charge of $2,960.15 in the tax to be levied on the property identified as tax map number 193.6-1-52.

Supervisor Thomas Wood reported that the resignation of Ralph Pascucci, a 25 year member of the Planning Board, was received. Supervisor Thomas Wood stated it was accepted with regret and that Ralph’s service to the town and the outstanding job he did on the Planning Board is highly commendable.

On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm the following Resolution #08-62 – Appointment to Planning Board – Full Member – Jennifer Koval was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, Ralph Pascucci, after serving 25 years on the Planning Board, has decided to step down, therefore be it

RESOLVED, that the Town Board hereby appoints Jennifer Koval as a regular

member of the Planning Board from April 14, 2008 to December 31, 2008, the remaining term of Ralph Pascucci.

On a motion by Councilman Fred Drumm and seconded by Councilman Michael McLoughlin the following Resolution #08-63 – Appointment to Planning Board – Alternate Member – Joseph Lewandowski was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, Jennifer Koval has been appointed as a regular member, the alternate position she held is vacant, therefore be it

RESOLVED, that the Town Board hereby appoints Joe Lewandowski as an alternate for the Planning Board from April 14, 2008 to December 31, 2008, the remaining term of Jennifer Koval.

On a motion by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin the following Resolution #08-64 – License Agreement with Brookfield Renewable Power for a portion of the Fish Creek Spur Trail as part of the Schuyler Park Project was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

RESOLVED, that Thomas N. Wood III, as Supervisor of the Town of Saratoga, is hereby authorized and directed to execute a license agreement with Brookfield Renewable Power, 399 Big Bay Road, Queensbury, NY 12804, which allows public access along a trail to be constructed along the Fish Creek connecting the Philip Schuyler House with the Village of Victory, said license agreement is subject to satisfactory review by the Town Attorney.

On a motion by Councilwoman Betty Koval and seconded by Councilman Michael McLoughlin the following Resolution #08-65 “Over the Rainbow for Children” was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, a not for profit foundation called "Over the Rainbow for Children" has been established; and

WHEREAS, the main objective of the foundation is to support children in the area that have cancer and life threatening diseases, to raise money for research of those particular cancers, and to help any child in need; and

WHEREAS, a board of directors is being established to provide direction and guidance to the organization; now therefore be it

RESOLVED, that the town board agrees to support the foundation with a grant of $200 to further the important objectives that the foundation has established.

On a motion by Councilman Michael McLoughlin and seconded by Councilwoman Betty Koval the following Resolution #08-67 Request to add Fish Creek to NYS Open Space Plan for Region 5 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

WHEREAS, the Department of Environmental Conservation and the New York State Office of Parks, Recreation, and Historic Preservation have started the cycle to update New York State's Open Space Plan; and

WHEREAS, projects within this plan receive priority during state funding cycles like the Environmental Protection Fund and New York State Agriculture PDR programs; and WHEREAS, during the next two months the Farmland and Open Space Committee of the Saratoga County Board will be considering additions to the New York State Open Space Plan and

WHEREAS, the process is that the county recommends to the Region 5 Committee, who then recommends to New York State and

WHEREAS, the new plan is expected to be in draft by the fall of 2008 and adopted in the spring of 2009; now therefore be it

RESOLVED, that the Town of Saratoga requests that the Fish Creek Corridor be considered for inclusion in the New York State Open Space Plan.

Supervisor Thomas Wood reported that the Turning Point Parade Committee has announced the Fourteenth Annual Turning Point Parade 2008 will be held August 3^rd and has invited the board to participate. The theme is “Heroes through History”. Councilman Charles Hanehan added that Pat and Joe Peck of Peckhaven Farms have been selected to be Grand Marshals.

Communications:

Supervisor Thomas Wood reported on the following:

v Celebrating Lilacs –May 10^th & May 11^th at Fort Hardy Park

v American Legion, Old Saratoga Post #278, invitation to the board to participate in the Memorial Day Parade on the 26^th of May, 2008

Privilege of the floor:

Jim Miers had concerns over the amount of liability insurance required by the town for the Saratoga Rowing Association’s Regatta and if it was enough. Supervisor Thomas Wood added that the event is also covered with the town’s policy.

Bob Hathaway addressed the board with concerns over the purchase of the old school for a town hall.

Jim Jennings voiced his concern over why the GSES’s new building couldn’t house the future QSFD’s fire station on Rt. 29 since it is only yards away. Steve Bodnar responded that QSFD did approach GSES about doing just that but were turned down giving security concerns and that financing would be prohibitive. Steve added that the Rt. 9P site was needed and the land was donated to the fire department.

Upcoming meetings:

Agenda meeting – Thursday, May 8, 2008 at 7:00 p.m.

Regular town board meeting – Monday, May 12, 2008 at 7:00 p.m.

Audit the Bills: On a motion by Councilman Fred Drumm and seconded by Councilman Charles Hanehan the following Resolution #8-68 - Approving the payment of bills in Abstract 4G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – aye. Carried 5 – 0.

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of the bills listed in Abstract 4G (04/14/2008) in the following amounts: General A $22,502.25, General B $3,435.39, Youth $369.79 and Highway Outside DB $25,336.12 for a total expense of $51,643.55.

A motion to adjourn at 10:00 p.m. was made by Councilwoman Betty Koval and seconded by Councilman Fred Drumm. Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan - aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin - aye. Carried 5 – 0.

Respectfully Submitted,

Ruth Drumm

Town Clerk

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