DRAFT MINUTES OF THE

REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 30 FERRY ST.,

SCHUYLERVILLE, NY

May 9, 2005

7:00 P.M.

 

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

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

Also present: Town Attorney William Reynolds, Deputy Town Clerk Linda McCabe,  Assessor/Bookkeeper Catherine DeFelice, Highway Superintendent Grant Seymour, Mayor John Sherman, Anita Flanders, Walter Flanders, Dan Craine, Art Thivierge Jr., Justice Jack Ditch, Schuylerville Village Trustees Margaret Ditch and Jim Miers, William Carey, Linda Fitch, Ted Munn, Dave Dumas, Historian Sean Kelleher, Richard Behrens, Marilyn Zaborek, Clarence Fosdick, Ronnie Myers, and Geraldine Freedman.

 

Supervisor Thomas Wood stated that he would be making two special presentations to honor our home town deceased veterans.  Resolution #05-53- Recognition of Raymond T. Carey – Deceased WW II Veteran, was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm and presented to his brother, William Carey, as follows:

WHEREAS, Raymond T. Carey Jr. was a lifelong resident of the Village of Schuylerville and

WHEREAS, he was active in numerous school activities including Treasurer of the Student Council, President of his sophomore class, member of the debate team, member of the school baseball and basketball teams and 

WHEREAS, he graduated with honors form Schuylerville High School in the Class of 1935 and

WHEREAS, he graduated from Fordham University in 1939 with a Bachelor of Arts degree and

WHEREAS, he joined the United States Army and attended Officer Candidate School attaining the rank of 2nd Lieutenant and

WHEREAS, he was a member of the 82nd Airborne Division, 319 Field Artillery Glider Battalion and

WHEREAS, he was stationed in England for a time in preparation for the invasion of Europe and 

WHEREAS, on the night of June 5, 1944 he and his unit were dropped behind enemy lines in France and

WHEREAS, he was killed in action at St. Lo, France on July 4, 1944 and

WHEREAS, he was posthumously awarded the Purple Heart and Bronze Star and

WHEREAS, he was buried in Normandy, France, therefore be it

RESOLVED, that the town of Saratoga extends our belated condolences to all of the members of the Carey Family for the great pain and suffering caused by the untimely death of Raymond T. Carey Jr.  and be it further

RESOLVED, that the Town Board of the Town of Saratoga does hereby recognize and honor to the highest degree possible Raymond T. Carey Jr. for his patriotism, devotion, service and ultimate sacrifice for his country, and be it further

RESOLVED, that the Town of Saratoga will never let his name and the sacrifice that he made for his country be forgotten and that he will always be held in the highest esteem and remembered as a member of the greatest generation and one of Schuylerville’s best.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

Resolution #05-61 - Recognition of Harold Albert Fitch - Deceased Viet Nam Veteran, was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm and presented to his wife, Linda Fitch, as follows:

WHEREAS, Harold Albert Fitch was at one time a resident of the Village of Schuylerville, Town of Saratoga, and

WHEREAS, he attended Schuylerville Central School, and

WHEREAS, he entered the United States Air Force on January 9, 1963, and

WHEREAS, he was assigned to the 9th Air Postal Unit, and

WHEREAS, he attained the rank of Airman 1st Class E 4 Administrative Specialist, and

WHEREAS, he served in Siagon, DaNang, and Tonsunut, Vietnam from 1965 through 1966, and

WHEREAS, he was awarded the Air Force Commendation Medal, Vietnam Service Medal, and National Defense Service Medal, and

WHEREAS, he was honorably discharged from the Air Force on November 8, 1966, and

WHEREAS, he honorably and faithfully served his country, and

WHEREAS, he died in May, 1995 in Georgia, now therefore be it

RESOLVED, that the Town Board of the Town of Saratoga does hereby recognize and Honor to the highest degree possible Harold Albert Fitch for his patriotism, devotion, and service to his country, and be it further

RESOLVED, that the Town of Saratoga will never let his name and the sacrifice that he made be forgotten and that he will always be held in the highest esteem and remembered as one of Schuylerville’s best. 

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Approval of Minutes: All board members had received and read the minutes of April 11, 2005.  A motion was made by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to accept the minutes of the April 11, 2005 meeting as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Town Clerk’s report: April 2005: Fees paid to the County Treasurer for Dog Licenses $217.70. Dog license fees paid to the NYS Dept. of Agriculture and Markets $63.00. Fees paid to New York D.E.C. for hunting and fishing licenses $409.05. Fees paid to NYS Health Dept. for Marriage Licenses $45.00. Dog license fees to Supervisor Thomas Wood $598.80. Clerk fees to Supervisor Thomas Wood $96.20. Total State, County, and Local Revenues received were $1,429.75.

 

Zoning Officer’s report, April 2005:  Supervisor Thomas Wood stated that Zoning Officer Robert Hathaway was on vacation and that his written report was submitted to the board along with a check for $1,395.

 

Dog Control Officer’s report, April 2005: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 13 complaints, took 3 dogs to the Saratoga County Animal Shelter, traveled 200 miles, issued 4 warnings, responded to 3 dog bites and no summons’ were issued. 

 

Assessor’s report: Assessor Catherine DeFelice reported that the Notification of Change of Assessment letters were sent out.  She stated that this is the second year of a six year plan with the State of New York for keeping assessments at a 100% equalization rate and doing annual reassessments.  Assessments are based on market value.  The state determined that the town was 13 ½ % lower than the 100 %, which was based on sales.  The increase was held to a 7 ½ % increase on all homes, partly due to new construction. She noted that the increase in assessments does not necessarily mean an increase in taxes.  Budget increases or decreases affect tax rates. 

 

Supervisor’s report: Supervisor Thomas Wood presented April 2005 balances in Town funds as follows: General A $843,753.38, General B $102,154.42, Highway Outside $180,057.39, Youth Recreation & Services $504.45, Highway Equipment Reserve $109,211.35, Building Reserve $807,752.77, and Fire Protection $0.00.  April revenues were $97,319.15 and expenses were $92,815.34.  The total April 2005 balance is $2,043,433.76.

 

Supervisor Thomas Wood expressed appreciation and thanks in a letter to Corinne Ward for her generous donation to the town of a table and six chairs that are being used in the Meeting Room.  He also commended her for giving generously of her time and talents in community organizations and at numerous activities along with serving the Town on the Board of Assessment Review. 

 

Supervisor Thomas Wood reported that after discussions with Historian Sean Kelleher it was decided that a member item grant of $23,000 for plans to develop three parks could be sought from Senator Bruno’s office.  One park would be a Hudson River Boat Launch on a piece of land along Rt. 4, just south of Hanehan Road.  Another park to be developed would be the Quaker Springs Picnic and Interpretive Area, just off Route 32 in the hamlet of Quaker Springs and the third is the Grangerville Canoe Launch, Picnic and Interpretive Area just off Route 29 in the hamlet of Grangerville that could include a dry hydrant. The board was in agreement to proceed to secure the funding.

 

Public comments on agenda items:

Art Thievierge Jr. commented regarding the raise in assessments and how the state wants it at 100% but it raises the school taxes too. He added don’t raise ours so the school has more money in the long run.

Marilyn Zaborek spoke regarding the full assessments and stated we get very little back from the state for the full assessment and that is just subsidizes the wealthy. 

 

 

 

Committee reports:

Highway: Highway Superintendent Grant Seymour reported that the town crew has been busy sweeping, patching and grading the town roads.  They have painted truck bodies and the heavy duty trailer.  He stated that the new truck should be delivered by June 1 and then it will be sent out to Arrowhead Equip. for the body and accessories to be put on.  He asked for approval to advertise for bids for a new 4 to 6 ton roller and wanted to obtain the three quotes needed to purchase a trailer to transport the roller.  The board agreed for him to go ahead with both as budgeted.   

 

Supervisor Thomas Wood asked if the Whitco bond for the road at Eagle’s Roost should be released.  Highway Superintendent Grant Seymour stated that the work has been done satisfactorily with no apparent problems and it should be released.  Councilman Fred Drumm asked if Grange Hall Road was scheduled for repaving and Highway Superintendent Grant Seymour replied that he would like to do that this summer if he has enough money. 

 

Landfill: No report.

 

Insurance: No report.

 

Youth Committee report: Supervisor Thomas Wood stated he has spoken with Jeannie Duval, Youth Program Director, and the Swim Program sign-ups will be on June 27th.  She said the classes go from June 29th through August 10th.  She would like to have Youth Day on July 16th.

 

Buildings: Supervisor Thomas Wood reported that the fourth meeting of the Building Committee met on May 5th.   Details on all the possible sites were reviewed and then the 15 possible sites were narrowed down to 5 sites and additional information has been gathered on the five sites.  The survey was finalized and should be ready to be mailed within two weeks to gain feedback from the town’s residents on where they would like to see a new town hall and what functions they would like to see conducted at the town hall.  Dick Butler of Butler, Rowland, Mays Architects, LLC gave a presentation on municipal buildings they have designed and constructed throughout Saratoga County.  He reviewed the steps and procedures that governmental agencies go through in the process to achieve a new town hall.  It was noted that Dente Engineering will soon be doing test borings on the present town hall site.  The next Building Committee meeting will take place on June 9th at 6:00 p.m.          

 

Senior Citizens report: Councilman Bruce Cornell reported that the Old Saratoga Seniors will be going on the Albany Aqueduct boat ride on Thursday.  The Seniors are donating $100 for a scholarship and $100 to the Turning Point Parade.  A trip to Foxwoods on August 11th and a three day trip to Maryland in September are planned.

    

Park Committee report: No report.

 

 

 

 

 

 

Zoning Amendment Advisory Committee (ZAAC):

Councilman Charles Hanehan reported that the full committee has been divided into three subcommittees.  He is working with the NYS Planning Federation on the wording for some of the proposed changes.  Councilman Fred Drumm reported that his subcommittee has been working on redefining the Zoning District Boundaries and will present their proposals to the full committee tomorrow evening. 

 

Old Business:

Supervisor Thomas Wood reported that we have been working with Amtek, Human Resource Consultants, for months drafting an Employee Handbook for the town employees.  Councilman Bruce Cornell introduced Resolution #05-57 and it was seconded by Councilman Charles Hanehan as follows: 

WHEREAS, the Town Board of the Town of Saratoga is desirous to develop and implement an Employee Handbook detailing the various personnel policies and procedures, employee benefits, compliance policies, and other pertinent information governing employment related matters; and

WHEREAS, the Town Board has retained AMTEK Human Resource Consultants to assist with the development of the Town’s Employee Handbook; and

WHEREAS, the Town Board has reviewed the draft of said Employee Handbook; and

BE IT RESOLVED this 9th day of May, 2005 that the attached document be adopted as the official Employee Handbook of the Town of Saratoga; and

FURTHER BE IT RESOLVED that the Town of Saratoga Employee Handbook shall be distributed, with signed acknowledgment, to all Town officials and employees.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

It was reported that the Water Board of the villages held a public hearing on their budget and it was adopted.  The budget adopted included the rate charge of 150% to outside users.  The town continues to express their opposition to this charge.  A discussion on the creation of a Water District to include both villages and the area of the town currently served by the villages’ water system and a District for Saratoga Lake took place.  Supervisor Thomas Wood will meet with representatives from C.T. Male on Friday afternoon to gain information on the formation of water districts, the advantages and disadvantages.  The county water plan was discussed.  Councilman Fred Drumm spoke with Town of Moreau Supervisor Harry Gutheil, who has water districts in his town, and Supervisor Gutheil is willing to share his knowledge on water districts. Further information will be gathered.

 

It was noted that the Sundae on the Farm program is scheduled for June 19th.  A motion was made by Councilman Michael McLoughlin and seconded by Councilman Fred Drumm to close County Route 67 between Wagman’s Ridge and Condon Road from 11:30 a.m. to 4:00 p.m. for ease of access for the public and for their safety.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

 

 

New Business:

Resolution #05-54 was introduced by Councilman Charles Hanehan and seconded by Councilman Bruce Cornell in support of the Village of Schuylerville’s application for a New York Main Street Grant as follows:

WHEREAS, the New York State Housing Trust Fund Corporation currently administers a New York Main Street Grant Program.  This program offers assistance to municipalities who wish to improve streetscapes and facades of buildings in their community, and to create an attractive streetscape for the public’s use and enjoyment; and

WHEREAS, the Town of Saratoga enthusiastically supports a grant proposal by the Village of Schuylerville and if approved, the commercial structures on Broad Street will be greatly improved and the business potential of the Village of Schuylerville and the Town of Saratoga will be strongly enhanced, therefore be it

 RESOLVED, that The Town Board of the Town of Saratoga hereby supports the Village of Schuylerville’s application to the New York Main Street Grant Program.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Supervisor Thomas Wood reported that a letter requesting support for the Turning Point Parade and an invitation to the board to participate was received.  Resolution #05-55 was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm as follows:

Whereas, the Eleventh annual Turning Point Parade will take 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 of Saratoga contribute $2,000 to the Turning Point Parade c/o Byron Peregrim, Chairman, 18 Broad St., Schuylerville, NY from the Celebrations account # A7550.4.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

Supervisor Thomas Wood polled the board to see who could march in the parade.   Councilman Michael McLoughlin had a prior commitment.   Councilman Charles Hanehan and Councilman Fred Drumm will try to attend and Supervisor Thomas Wood and Councilman Bruce Cornell would definitely be marching. 

 

Resolution #05-58 - support for the Collateral Source Bill, S.1544/A.4354. was introduced by Supervisor Thomas Wood and seconded by Councilman Fred Drumm as follows: 

WHEREAS, a jury award to a winning plaintiff in a negligence action is generally reduced by any payments received by the plaintiff from other sources such as insurance; and

 

WHEREAS, New York State Law (Civil Practice Law and Rules, §4545) currently does not permit a municipal employer to avail itself of the statutory offset; and

WHEREAS, as a result of this statutory exception to the general rule, municipal employees can obtain jury awards that exceed damages because the award is not reduced by the money received by the plaintiff from a collateral source; and

WHEREAS, a bill denominated as S.1544/A.4354, pending in the New York State Legislation, would repeal the special exception that enables plaintiffs to obtain excessive awards, and

WHEREAS, the Town Board of the Town of Saratoga considers this legislation to be both necessary and appropriate; now, therefore be it

RESOLVED, that the Town Board of the Town of Saratoga hereby finds that enactment of the amendments to CPLR, §4545, contained in S.1544/A.4354 would be in the best interest of the citizens of the Town of Saratoga, and be it further

RESOLVED, that the Town Board of the Town of Saratoga hereby urges the Legislature and the Governor to take the action necessary to enact S.1544/A.4354; and be it further

RESOLVED, that the Town Clerk is hereby directed to transmit a certified copy of this resolution to: Governor George E. Pataki; Honorable Joseph L. Bruno; Honorable Sheldon Silver; Assemblyman Roy McDonald; and Mayor Michael Blumberg.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

Resolution #05-59– a request to authorize Justice Dave Mathis to apply for a Greater Capital Region Teacher Center Grant (GCRTC) for the court was introduced by Councilman Charles Hanehan and seconded by Councilman Bruce Cornell as follows:

WHEREAS, the Town Board of the Town of Saratoga recognizes the value of the Court Intern Program and the need for outside funding to support the program, therefore be it

RESOLVED, that the Town Board of The Town of Saratoga authorizes Justice David Mathis to apply for a Greater Capital Region Teacher Center Grant (GCRTC) to help support the Court Intern Program with funding that would pay for expanding the Court Clerks’ hours by 2 additional hours per week to cover part of the time dedicated to the supervision and training of the interns. 

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Resolution #05-60 was introduced by Councilman Bruce Cornell and seconded by Councilman Michael McLoughlin as follows: 

WHEREAS, the Town of Saratoga is administering the American Battlefield Protection Grant proposal entitled “Siege of Saratoga’s Field of Grounded Arms/Fort Hardy Archeology Identification, Documentation, and Preservation Plan”, agreement # GA-2255-04-010, and reimbursement will be applied for, and

WHEREAS, documentation has been provided to verify services provided from 1/18/2005 through 4/20/2005 by Hartgen Archeological Associates, now therefore be it

RESOLVED, that the Town of Saratoga pay invoice number 04:575 in the amount of $4,121.21 from account A 7110.2 Parks to Hartgen Archeological Associates, 1744 Washington Ave. Ext., Rensselaer, NY 12144.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Supervisor Thomas Wood reported that over the past year we have received many complaints from town residents regarding situations where excessive, unnecessary or unusually loud noises are experienced.  There have been numerous requests for a Noise Ordinance.  The board will review the Noise Ordinances from the neighboring towns of Stillwater and Wilton.  Councilman Charles Hanehan checked to see if the Sheriff’s Department would enforce the ordinance.  He was told that they would but we should not put in decibal maximums as they do not have meters.  Councilman Charles Hanehan will speak to Sheriff Jim Bowen to double check. Allowing for further review, a Noise Ordinance will be addressed again next month.    

 

Supervisor Thomas Wood explained that at the Building Committee’s meeting it was recognized that we need to proceed with some fundamental steps in order to achieve a new town hall.   A motion was made by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin to ask Butler, Rowland, and Mays Architects, LLP to prepare a contract for Phase I of the building proposal.  This would tell us what services he would provide and the costs involved.  This is not an authorization for an expenditure of money at this time. 

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Communications:

The Saratoga National Park Service will hold a public workshop seeking input for an alternative transportation system for the Saratoga National Historical Park to be held in an upstairs meeting room at “Dwell”, 76 Broad Street, in Schuylerville on Wednesday, May 11, 2005.  

 

Norbert Nolte, Town of Saratoga representative to the Saratoga County Office for the Aging, reported that the gift certificate donors for the Saratoga County Office of the Aging’s Annual Senior Luncheon to be held on Thursday, May 19, 2005 were Curtis Lumber Co., The Dovegate Inn Restaurant, Byron’s Market, The Barking Frog, Dwell, Olde Saratoga Books, Saratoga Apple, and Champlain Canal Tour Boats, LLC.  Many thanks for their generous contributions.  

 

Privilege of the floor:

Richard Behrens stated that the General Schuyler Emergency Squad’s progress on their new building is moving ahead slowly.  He noted that the Variety Show on April 29th was a huge success and raised $2,500 towards the new building.   He thanked Virginia Cornell for all her efforts with the fundraiser.   

 

Margaret Ditch asked for more information on the American Battlefield Protection Grant.  Historian Sean Kelleher responded stating that the grant is a joint venture with the Village of Schuylerville, the Town of Saratoga, and private property owners to be used to determine where exactly Ft. Hardy was and the locations of many of the historical sites having to do with the surrender.  Then a preservation plan for the sites could be developed. 

 

Jim Miers, 184 Broad St., commented on the Noise Ordinance and suggested that they include a regulation on Jake brakes used on large trucks which can be quite noisy.  He also noted that as a citizen and a Village Trustee he is against charging outside water users 150%. 

Clarence Fosdick inquired if there is an update on the scheduled Bryant’s Bridge project by Saratoga County.  Supervisor Thomas Wood stated not at this time, but he would check with Joe Ritchey, Commissioner of Public Works of Saratoga County.

 

Marilyn Zaborek inquired if the SEQR on Bryant’s Bridge included an Archeological Dig.  She also expressed concerns about the projects being done on neighboring  properties and their direct impact on her property.  She voiced concerns about impacts on the water table, well purity, and property values.  She urged the board to enter into the proceedings regarding the Grassi subdivision and that an archeological review should be done.

 

Ronnie Myers, 184 Broad St., and property at 43 Chestnut St., thanked Supervisor Thomas Wood for coming to the many water board meetings and the town board for their resolution in support of keeping the outside user water rates at 100 % not 150%.  She encouraged the board to continue to research a water district. 

 

Dan Craine wondered how enforceable a Noise Ordinance would be without a set decibal maximum stated in the ordinance. 

 

Sean Kelleher spoke regarding the Noise Ordinance stating that part of the Environmental Law covers noise and it is a quality of life issue.  He mentioned that motorcyclists in other states are often cited for excessive noise and they do use decibal meters, but NY State does not. 

 

The next building committee and agenda meeting will be on Thursday, June 9th, 2005 at 6:00 p.m. and the regular Town Board meeting will be Monday, June 13th, 2005 at 7:00 p.m.

 

Councilman Michael McLoughlin left the meeting at 8:42 p.m.

 

Audit the Bills: Per abstract 05/09/2005 (5G): General A $22,154.02, General B $1,414.18, Youth $0.00, (5H): Highway Outside $8,963.30, Building Reserve $96.05 for a total expense of $32,627.55.

 

A motion to adjourn was made by Councilman Fred Drumm at 9:02 p.m. and Councilman Bruce Cornell seconded it. Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, and Councilman Charles Hanehan – aye, and Councilman Michael McLoughlin – left at 8:42 p.m.  Carried 4– 0.

 

Respectfully Submitted,

 

 

Ruth Drumm

Town Clerk

 

Return to home page