MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF
SARATOGA,
30 FERRY ST., SCHUYLERVILLE, NY
February 13,
2006
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
– absent.
Also present: Highway Superintendent Dave Hall, Assessor/Bookkeeper Catherine DeFelice, Deputy Town Clerk Linda McCabe, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Justice Jack Ditch, Tax Collector James Gorham and additional townspeople on the sign-up sheet filed in the 2006 Minutes Appendix in the Town Clerk’s Office.
Recognitions/Presentations/ Bid openings/ Public Hearings:
Steve Gilman, 130 Ruckytuck
Rd., addressed
the board presenting his plans for a Skilled Nursing Facility (SNF) on 4.9
acres on Ruckytuck Road. Lee Collins, RN,
also approached the board. She
explained that the SNF would be small, 10 to 12 beds, family- like, with
individualized care. She would
personally oversee the care of all residents.
She added that the rural setting is a peaceful setting for a person to
live out their life. The board
explained that a Planned Unit Development (PUD) application would be needed or
a Skilled Nursing Facility would need to be added as a Special Permitted Use in
the rural district with a Zoning Law Amendment. Board members expressed concerns about the rural, hilly, curvy
road and if such a small facility would be feasible considering the degree of
care that would be required.
Councilwoman Betty Koval, who has a public health background, suggested
that they contact the Department of Health to check into all the regulations
that they would need to follow for a Skilled Nursing Facility.
General Schuyler Emergency
Squad (GSES) - Building Project Update:
Dick
Behrens addressed the board and stated that the new building is in a design
phase with no cost estimate yet. It
will be located on 3 +/- acres on Route 29.
He stated that the location will be more centralized than their present
location in Schuylerville, which is in the far eastern corner of their
area. The very functional building will
provide needed space for training, administrative offices, living quarters for
paramedics to stay overnight, storage, and a decontamination area. He added that it should be ready for bidding
in one or two months, then once the cost is known, grants will be sought and
fundraising will go into full swing. He
added that their 2006 budget has provided for mortgage payments. Dick Behrens then introduced Frank Yakubec,
architect for the project. Frank
Yakubec provided the board with a poster display of the building as
designed. He noted that it was designed
to fit into the residential character of the neighborhood. He pointed out that only two of the four
bays are visible from the road. It will
be just under 8,000 sq. ft. and includes an expansion area. He added that it will be well built and will
serve the community very well for 40 to 50 years or more.
Approval of Minutes: A motion was made by Councilman Charles Hanehan and seconded by
Councilwoman Betty Koval to accept the minutes of the January 9th,
2006 organizational meeting as written.
Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Town Clerk’s report for January 2006: Fees paid to the County Treasurer for Dog Licenses $53.70. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $18.00. Fees paid to New York D.E.C. for hunting and fishing licenses $15.16. Fees paid to the New York State Health Department for Marriage licenses $45.00. Fees paid to the State Comptroller for Bell Jar Licenses $15.00. Dog license fees to Supervisor Thomas Wood $138.30. Clerk fees to Supervisor Thomas Wood $312.91. Total State, County, and Local Revenues received were $598.07.
Zoning Officer’s report: Bob Hathaway read his January 2006 report: 2 CO’s, 4 Building Permits, and 13 inspections were done. A check for $ 395 was given to Supervisor Thomas Wood.
Dog Control officer’s report, January 2006: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 16 complaints, took 3 dogs to the shelter, traveled 150 miles, issued 11 warnings and no summonses.
Town Court report: Justice Jack Ditch read the court report and the following cases were closed in January 2006: 72 Vehicle & Traffic, 9 Criminal/Penal Law, 4 DEC/ENCON, 5 Dog cases, 1 DWI, 0 Town & Village Ordinance, 1 Small Claims/Civil, 2 Evictions, 2 Bench trials, 2 (case transfers) Divestiture Forms sent to County Court, 13 attended the Science of Speed School, 2 Defendants sentenced to probation, 155 hours of community service issued, 120 days of jail time issued and fees paid to the NY State Comptroller - $4,892.50.
Tax Collector’s report: Tax Collector Jim Gorham reported that in January he collected
$1,622,148.33 in town/county taxes on 2,268 parcels.
Historian’s report: Town Historian Sean Kelleher provided the board with his monthly
report. He stated that his office has
been very busy with their advocacy project.
He reported that Deputy Historian Pat Peck is working with the
Schuylerville Public Library on opening a new Genealogy Department. The opening is planned for Friday, February
17th from 10 a.m. to noon.
He noted that the
Historian’s office has been advocating for historical preservation of the built
environment. He has presented the
Zoning Amendment Advisory Committee (ZAAC) with a draft for a section on the
Demolition of Significant Structures which they are reviewing for inclusion in
the amendments. He added that the
preservation of cultural resources and archeological remains are also important
in order to preserve history and respect our forbearers. He thanked the Planning Board for their
efforts with the SEQRA review with respect to preserving the history of the
area.
Supervisor’s report: Supervisor Thomas Wood presented January 2006 balances in Town funds as follows: General A $549,050.68, General B $71,736.32, Highway Outside $125,205.50, Youth Recreation & Services $887.56, Highway Equipment Reserve $52,362.68, Building Reserve $964,200.73 and Fire Protection $0. January revenues were $778.20 and expenses were $83,061.41. The total January 2006 balance is $1,813,443.53.
Public comments on
agenda items: name & subject
David Cummings, Hathaway Road, addressed the board regarding the speed limit request for Hathaway Road. He noted that the speed limit needs to be reduced due to the physical characteristics of the road and the regular agricultural activities of the residents that occur on that road. He added that Sergeant Tom Goodwin of the Saratoga County Sheriff’s Department surveyed traffic on at least six January mornings with radar. He found that cars were clocked going in the high 40’s which seemed excessive for that road.
Committee
reports:
He reported that the Gradall bucket has been rebuilt during rainy
days. All the equipment and tools at
the Highway Garage are being inventoried and entered into the new computer
along with service records and bills for better tracking.
Highway Superintendent Dave
Hall noted that they are in the process of notifying residents who live on
highways slated to be rebuilt this year of the possible tree trimming/removal
and ditching that may be needed to be done so that the road could be widened if
needed.
He asked the board’s
permission to advertise for bids for a new crawler/bulldozer that has been
included in the 2006 budget and for a new pick-up truck to be purchased under
state contract as budgeted for.
A motion to allow Highway Superintendent Dave Hall to put out for bid to purchase a new crawler/bulldozer and to order a new pickup under state contract within the 2006 budget was introduced by Councilman Charles Hanehan 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 – absent. Carried 4 – 0.
Landfill: No report.
Insurance: No report.
Youth: No report.
GSES,
QSFD, SLPID/SLA Reports:
Quaker
Springs Fire Department: Stephen
Bodnar presented the board with his monthly report. Some of the highlights of the report were that they responded to
five calls including three motor vehicle accidents. He noted that seventeen firefighters just completed fire schools
and two new members have joined the department. The committees are busy working
on projects including the Corned Beef and Cabbage Dinner on March 12, 2006 and
the annual installation banquet. Miller
Associates has been hired to submit the plans for the substation on Rt. 9P to
the Planning Board for final approval.
Old
business:
The board received a letter from Kurt Mausert which
included a signed petition from most of the residents of Hathaway Rd.
requesting that the speed limit be reduced to 40 miles per hour on Hathaway
Rd.
Resolution #06-41- Hathaway Road Speed Limit Request -
was introduced by Councilman Charles Hanehan and seconded by Councilwoman Betty
Koval as follows:
WHEREAS, the Town Board of the Town
of Saratoga has received one or more complaints and a petition signed by
Hathaway Road residents concerning the speed of motor vehicles on Hathaway Road
in the Town of Saratoga; and
WHEREAS, the Town Board of the Town of Saratoga believes such
complaints to be well-founded; now, therefore be it
RESOLVED, that the New York State
Department of Transportation is hereby requested to review and study the
conditions on the entire length of Hathaway Road in the Town of Saratoga;
and , be it further
RESOLVED, that based upon its findings and at the request of
the Town Board of the Town of Saratoga, the New York State Department of
Transportation is requested to reduce the speed limit on said road.
Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Supervisor Thomas Wood reported on the N. Broad
St. water line leak. The water
board sent a letter to the residents on N. Broad St. stating that if the water
leak was not repaired their water would be shut off on February 15. On Friday, February 10th,
Supervisor Thomas Wood, Joe Drew, and Councilman Fred Drumm went to identify
where the leak was located. They could
not find where the water was leaking, and it was determined that it could have
been the result of an unusually rainy period. They also identified where the
shut-off’s are located. They spoke with
the residents in the area and took pictures.
They spoke with Mark Dennison of the Water Board and he agreed that
there currently is no leak and the pressure at the end of the line supports
that finding. It was agreed upon with
David Mathis that if a water leak is found he will repair the leak on his
property at his expense. With the
location of additional shut-offs no other users should be impacted when and if the
repair is needed. The water Board would
inspect and approve the repair.
New
business:
Resolution #06-33 -
Ambulance Contract – was introduced by Supervisor Thomas Wood and seconded by Councilman
Fred Drumm as follows:
WHEREAS, the Town Board of the Town of Saratoga is authorized
by virtue of Section 122 (B) of the General Municipal Law of the State of New
York to provide general ambulance service for the town, and
WHEREAS, the GENERAL
SCHUYLER EMERGENCY SQUAD has
trained and experienced personnel and is certified by the Department of Health
of the State of New York as an ambulance service, and
WHEREAS, the GSES is desirous of furnishing emergency medical
services to the town under the terms and conditions set forth in the EMS
agreement, now therefore be it,
RESOLVED by the Town Board of the Town of Saratoga to
authorize entering into the EMERGENCY MEDICAL SERVICES (EMS) AGREEMENT with the
GENERAL SCHUYLER EMERGENCY SQUAD,
for a term of January 1, 2006 through December 31, 2006 and will provide consideration
in the amount of $193,043.
Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye,
Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and
Councilman Michael McLoughlin – absent.
Carried 4 – 0. (The contract is on file in the office of the
Town Clerk.)
Resolution #06-34 – Retirees
Health Ins. Premium – was introduced by Supervisor Thomas Wood and seconded by Councilman
Fred Drumm as follows:
WHEREAS, the Town Board of the Town of Saratoga has agreed,
as a cost saving measure, to reduce the Town’s portion of the medical insurance
premiums paid for full-time employees and for full-time elected officials hired
on or after January 1, 2006 to 85% of the premium for individual or family
medical insurance coverage. This cost saving
measure is also for eligible retirees, therefore be it
RESOLVED, by the Town Board of the Town of Saratoga to amend
the Town of Saratoga’s Employee Handbook, Section 807 Medical Insurance for
Retirees – Premium Payment Section– to add -The Town will pay 85% of the
premium for individual or family medical insurance coverage, as the case may
be, for each eligible retiree hired or elected on or after January 1,
2006. Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Resolution #06-35 - Adoption
of NYS Deferred Compensation Plan – was introduced by Councilman Fred Drumm and seconded
by Councilwoman Betty Koval as follows:
WHEREAS, the Town of Saratoga wishes to adopt the Deferred
Compensation Plan for Employees of the State of New York and Other
Participating Public Jurisdictions (the “Plan”) for the voluntary participation
of all eligible employees; and
WHEREAS, the Town of Saratoga is a local public employer
eligible to adopt the Plan pursuant to Section 5 of the State Finance Law;* and
WHEREAS, the Town of Saratoga has reviewed the Plan
established in accordance with Section 457 of the Internal Revenue Code and Section
5 of the State Finance Law of the State of New York; and
WHEREAS, the purpose of the Plan is to encourage employees to
make and continue careers with the Town of Saratoga by providing eligible
employees with a convenient and tax favored method of saving on a regular and
long-term basis and thereby provide for their retirement;
*A local public employer
eligible to adopt the Plan pursuant to Section 5 of the State Finance Law
includes: a county, city, town, village
or other political subdivision as defined in Section 131 of the retirement and
Social Security law or civil division of the State; a school district or other
governmental entity operating a public school, college, or university; a public
improvement or special district, a public authority, commission, or public
benefit corporation; or any other public corporation, agency or instrumentality
or unit of government which exercises governmental powers under the laws or the
State.
NOW,
THEREFORE, it is hereby:
RESOLVED, that the Town of Saratoga hereby adopts the Plan for
the voluntary participation of all eligible employees; and it is further
RESOLVED,
that the appropriate officials of
the Town of Saratoga are hereby authorized to take such actions and enter such
agreements as are required or necessary for the adoption, implementation, and
maintenance of the Plan; and it is further
RESOLVED,
that the Administrative Services
Agency is hereby authorized to file copies of these resolutions and other
required documents with the President of the State of New York Civil Service
Commission.
Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Supervisor
Thomas Wood reported that additional funds are available for Farmland
Protection Grants. Two prior grant
applicants that have property in the vicinity of the National Cemetery wish to
reapply. If they are awarded the
grants, a large block of land in the vicinity of the National Cemetery will
remain undeveloped.
Resolution #06-36 – Edwin
Hanna – Farmland Protection Grant – was introduced by Supervisor Thomas Wood and
seconded by Councilman Charles Hanehan as follows:
WHEREAS, Edwin Hanna landowner in the Town of Saratoga,
intends to participate in the Farmland Protection Grant program administered by
the New York State Department of Agriculture and Markets, and the Saratoga
County Farmland and Open Space Preservation Program seeking to permanently
preserve 192 acres of active farmland on Route 32 and Wilbur Road in the Town
of Saratoga; and
WHEREAS, the Town Board views the preservation of agriculture
as vital to the quality of life and economy of the town as evidenced by the
Town of Saratoga Comprehensive Plan, Saratoga County Farmland Protection Plan,
and Saratoga County Land Use plan which recommends the use of conservation
easements purchase of development rights as a tool to preserve agriculture and
recognizes the importance of protecting farmland and open spaces; and
WHEREAS, the Town Board finds that the grant application is
worthy and will provide funding to permanently preserve the Hanna parcel for
agricultural uses only; and
WHEREAS, the Town is an eligible applicant under the grant
program and may hold and monitor the conservation easement; now, therefore be
it
RESOLVED, that the Town of Saratoga fully supports this
application and shall act as the applicant, holding a conservation easement
consisting of the development rights of the Hanna parcel, and shall periodically
monitor conformance with the terms of the easement, and be it
FURTHER RESOLVED that the Town Supervisor is hereby authorized to
contract with the State of New York and execute any documents necessary to
accept and redistribute Farmland Protection Implementation Grant funds, should
the grant application be successful.
Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Resolution #06-37 - Paul
& Sharon LaBarge – Farmland Protection Grant –
was introduced by Councilman Fred Drumm and seconded by Councilman Charles
Hanehan as follows:
WHEREAS, Paul and Sharon LaBarge landowners in the Town of
Saratoga, intends to participate in the Farmland Protection Grant program
administered by the New York State Department of Agriculture and Markets, and
the Saratoga County Farmland and Open Space Preservation Program seeking to
permanently preserve 100 acres of active farmland on Wilbur Road in the Town of
Saratoga; and
WHEREAS,
the Town Board views the
preservation of agriculture as vital to the quality of life and economy of the
town as evidenced by the Town of Saratoga Comprehensive Plan, Saratoga County
Farmland Protection Plan, and Saratoga County Land Use plan which recommends
the use of conservation easements purchase of development rights as a tool to
preserve agriculture and recognizes the importance of protection farmland and
open spaces; and
WHEREAS,
the Town Board finds that the
grant application is worthy and will provide funding to permanently preserve
the LaBarge parcel for agricultural uses only; and
WHEREAS,
the Town is an eligible applicant
under the grant program and may hold and monitor the conservation easement;
now, therefore be it
RESOLVED,
that the Town of Saratoga fully
supports this application and shall act as the applicant, holding a
conservation easement consisting of the development rights of the LaBarge
parcel, and shall periodically monitor conformance with the terms of the
easement, and be it
FURTHER
RESOLVED that the Town Supervisor
is hereby authorized to contract with the State of New York and execute any
documents necessary to accept and redistribute Farmland Protection
implementation Grant funds, should the grant application be successful.
Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Resolution #06-38 – Authorization
to apply for Turning Point Parade Funding – was introduced by Councilman Charles Hanehan
and seconded by Councilwoman Betty Koval as follows:
Whereas, the Eleventh annual Turning Point Parade took place
on Sunday, August 7th in the Village of Schuylerville, and
Whereas, this parade’s mission has served as a reminder of the
history and heritage of this special area where the battles at Saratoga were
thought to be the turning point of the Revolutionary War, and
Whereas, the Town Board of the Town of Saratoga supports the
parade’s mission, therefore be it
Resolved, that the Town Board of the Town of Saratoga
authorizes Supervisor Thomas Wood to sign the legal documents needed to apply
for a Grant for funding for the Turning Point Parade held on August 7th,
2005.
Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Resolution #06-39 – Amending
the Rules of Order of the Town Board – was introduced by Councilman Fred Drumm and
seconded by Councilwoman Betty Koval as follows:
WHEREAS,
§63 of the Town Law provides that the Town Board may determine the rules of its
procedures, and
WHEREAS,
the Town Board has determined that the rules adopted on January 9, 2006 need
amending, and
WHEREAS,
rule #4 should be amended to delete stating their address when addressing the
board, and rule #5 should be amended to address persons speaking during
Privilege of the Floor, now therefore be it
RESOLVED
to amend the Rules of Order and the amended rules are hereby adopted pursuant
to §63 of the Town Law as follows:
RULES OF ORDER OF THE TOWN BOARD OF THE
TOWN OF SARATOGA
Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Resolution #06-40 – Transfer
of County Properties to Town – introduced by Supervisor Thomas Wood and seconded
by Councilman Charles Hanehan as follows:
WHEREAS,
Saratoga County currently owns parcels number 196.-3-2 and number 209.-1-6.1,
and
WHEREAS,
these two parcels were formerly a portion of the Old Champlain Canal, and
WHEREAS,
these two parcels would make excellent recreational hiking and biking trails,
and
WHEREAS, one
of the parcels adjoins a developed hiking trail currently owned by the Saratoga
National Historical Park, and
WHEREAS,
acquisition of this parcel would make possible an extension of this hiking and
biking trail thereby connecting the Saratoga National Historical park with easy
access to the Saratoga National Cemetery, and
WHEREAS,
acquisition of these two parcels of land would make it possible for the Town of
Saratoga to preserve this historic section of the Old Champlain Canal, and
WHEREAS,
Saratoga County is proposing to sell these two parcels at an upcoming tax sale,
now therefore be it
RESOLVED,
that the Town of Saratoga requests that Saratoga County convey the deeds of
these two parcels to the Town of Saratoga.
Supervisor Thomas Wood - aye,
Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman
Betty Koval – aye, and Councilman Michael McLoughlin – absent. Carried 4 – 0.
Supervisor
Thomas Wood reported that the town is in the process of acquiring a small parcel
of land in Coveville that would supplement current holdings in the area. A
motion to direct Town Attorney William Reynolds to move forward with
negotiations for the property was introduced by Supervisor Thomas Wood 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 – absent.
Carried 4 – 0.
Communications:
Supervisor Thomas Wood reported that he attended a
meeting regarding the replacement of the Rt. 9P Bridge due to its deteriorating
condition. It is scheduled for
replacement in 2009. He reviewed the
options for how it could be accomplished.
It is expected to cost $7 million.
The plans call for a wider bridge with walkways on each side and
sidewalks extending beyond the bridge along Rt. 9P for a short distance. Public Hearings will be held before they
begin.
Supervisor Thomas Wood reported that the US Census Bureau will be conducting an American Community Survey that will
replace the census long form. Because the American Community Survey is part of
the decennial census, responding to the survey is required by law.
Vincent C. Fay wrote a letter to
Supervisor Thomas Wood commending the Town Crew for their outstanding job
plowing, mowing and maintaining the town roads. He especially wanted to thank them for the meticulous job they
did removing a huge rotted tree in front of his house on Fitch Road and how they
thoroughly cleaned up the debris.
Joyce Shaver, Tax Collector for 13
years, thanked the board for the Retirement Party honoring her, Grant Seymour,
Bruce Cornell and Marie Foster on January 27th.
Privilege
of the floor:
Clarence
Fosdick inquired if the survey would be coming in the mail and
Supervisor Thomas Wood responded that it would.
Anita
and Pete Flanders asked the board if there was anything that
could be done about the abandoned red house on the corner of Chestnut St. and
Burgoyne St., as it is in increasingly poor condition. Town Attorney William Reynolds added that it
should be inspected by Town Engineer Kenneth Martin and Zoning Officer Robert
Hathaway to determine the next step. It
was suggested that it be checked for historical value also.
Upcoming
meetings:
v Building Committee meeting
–Wednesday, March 8th, 2006 at 6:00 p.m.
v Agenda meeting – Thursday,
March 9th, 2006 at 7:00 p.m.
v
Regular town board meeting – Monday, March 13th, 2006 at
7:00 p.m.
Audit the Bills: Per abstract for the period 2/13/2006 (2G): General A $18,398.10, General B $4,162.45, Highway Outside $17,111.04, for a total expense of $39,671.59.
A motion to adjourn
at 9:16 p.m. was made by Councilman Fred Drumm and seconded by Councilman
Charles Hanehan. Supervisor Thomas Wood
– aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan - aye,
Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin -
absent. Carried 4 – 0.
Respectfully Submitted,
Ruth Drumm
Town Clerk