DRAFT MINUTES OF
TOWN BOARD MEETING
OF THE TOWN OF
SARATOGA,
12 Spring ST.,
SCHUYLERVILLE,
NY
November 6,
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: Deputy Town Clerk Linda McCabe, Town Attorney William Reynolds, Zoning Officer Gil Albert, Highway Superintendent Dave Hall, and many other interested members of the public.
Recognitions/Presentations/ Bid openings/ Public Hearings:
Presentation: Supervisor
Thomas Wood presented Byron Peregrim with the following Resolution #08-128 -
231st Anniversary of the First National Day of Thanksgiving &
Honoring Byron Peregrim for his efforts in the Community. This was introduced by Supervisor Thomas Wood and
seconded by Councilman Fred Drumm with the following 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 wishes to remember that the First
National Day of Thanksgiving was declared by the Continental Congress on
December 18, 1777 to Commemorate the American Victory at Saratoga, and
WHEREAS, the Town of Saratoga wishes to honor Byron Peregrim
for his efforts in the community, and
WHEREAS, Peregrim has operated Byron’s Village Market since
1995, which is a community-based full-line grocery store, and
WHEREAS, Peregrim helped to start the Schuylerville Area
Chamber of Commerce and served two terms as President, and
WHEREAS, Byron is active in the community including leading
efforts for over 10 years as the Chairman of the Turning Point Parade and
Festival, which serves as a public reminder of the importance of this area in
the history of our country; in particular, the defeat of the British armies in
1777 and their subsequent surrender by General Burgoyne and
WHEREAS, Peregrim has contributed to numerous community
projects including the holiday baskets for the needy, and
WHEREAS, it is fitting that the community contributions of Byron Peregrim be honored, recognized and remembered by the Town of
Saratoga, now, therefore be it,
RESOLVED, that the day of December 18, 2008, the 231st
Anniversary of the First American Thanksgiving, is hereby dedicated to Byron
Peregrim in grateful recognition by the Town Board of The Town of Saratoga on
behalf of all the residents of the town.
2009 Budget Public
Hearing: Supervisor Thomas Wood
explained the highlights of the budget and the increases in both revenues and
expenses. Proof of advertisement
having been received, Supervisor Thomas Wood opened the public hearing at 7:22 p.m.
Doug Niles questioned what the vacancy
of the building is and Supervisor Thomas Wood responded that there is a zero
vacancy with the exception of one office in the upper level town office wing,
that may be leased to Sienna College.
The north wing is 100% leased and the bus garage is also being fully
utilized.
Supervisor Thomas Wood made
a motion
seconded by Councilman Fred Drumm, to close the public hearing at 7:26 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 Councilman Charles Hanehan and seconded by
Councilwoman Betty Koval to accept the minutes of the October 15th
regular 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 October 2008: Town Clerk Ruth Drumm reported. Fees paid to the County Treasurer for Dog Licenses $88.77. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $27.00. Fees paid to New York D.E.C. for hunting and fishing licenses $1,136.56. Fees paid to the New York State Health Department for Marriage licenses $45.00. Dog license fees to Supervisor Thomas Wood $234.23. Clerk fees to Supervisor Thomas Wood $119.19. Total State, County, and Local Revenues received were $1,650.75.
Zoning Officer’s report for October 2008: Zoning Officer Gil Albert reported: 11 Building Permits, 0 Building Permit Renewals, 21 Building Inspections, 6 COs, 0 Junk Yard Permits, 2 Complaints, and 10 misc. A check for $2,572.65 was given to Supervisor Thomas Wood.
Dog Control Officer’s report for October 2008: Supervisor Thomas Wood read the report for DCO Ed Cross. He answered 18 complaints, traveled 76 miles, issued 10 warnings, took no dogs to the shelter, and 4 summonses were issued.
Town Court report for October 2008: The following were closed: 100 Vehicle & Traffic, 12 Criminal/Penal Law, 2 DEC/ENCON, 1 Dog case, 1 DWI, 0 Town & Village Ordinance, 4 Small Claims/Civil, 0 Evictions, 0 Bench trials, 4 Divestiture Forms (case transfers) sent to County Court, 12 attended the Science of Speed School, 2 Defendants sentenced to probation, 205 hours of community service issued, 0 days of jail time issued, 2 Orders of Protection issued, and $7,428.00 in fees were paid to the NY State Comptroller.
Tax Collector’s report: No report.
Historian’s report: Historian
Sean Kelleher stated that he has been working on the preservation of two
properties which are the Bullard Block and the Victory Mills. He explained that the main advantage for the
property owner is that it makes them eligible for Federal Tax Credits. He added that last month they worked on
Surrender Week Activities. He also gave
a presentation at a Regional Historian’s Conference.
Assessor’s report: Assessor Vicki Hayner submitted the following report:
October
was a settling in month for the Assessor’s Office. We are set up and operational in our new location in the Town
Hall on Spring Street. It is a pleasure
to be working in our new space.
We
continued entering sales as we received them from the County. In October we entered 7 sales, 4 which were
residential sales, 1 vacant land sale and 2 commercial sales.
We
are preparing for the Exemption renewal season. Renewal applications will be mailed in mid-December. Exemptions must be filed with our office by
March 1, 2009. If you have questions
regarding exemptions, please call our office.
The
Assessor’s Office is open Monday through Thursday from 9:00 AM until 1:00
PM. We will continue to be closed on
Fridays. I am in the office on Mondays
and Thursdays from 9:00 AM until 1:00 PM.
If you wish to meet with me, please call and schedule an appointment on
a Monday or Thursday or we can arrange another time if necessary.
Supervisor’s report: Supervisor Thomas Wood presented his financial report as follows:
TOWN OF
SARATOGA
SUPERVISOR’S REPORT OCTOBER 2008
GENERAL FUND – TOWNWIDE (A
FUND) YTD
Balance
on hand Sept. 30 $ 958,660.47
Oct. Revenues + 10,267.94 789,381.11
Oct. Disbursements - 66,597.97 637,822.05
Balance Oct. 31 $
902,330.44
GENERAL FUND – OUTSIDE VILLAGE
(B FUND)
Balance
on hand Sept. 30 $ 194,192.79
Oct. Revenues + 1,732.89 243,035.59
Oct. Disbursements - 13,977.31 165,286.69
Balance Oct. 31 $ 181,948.37
HIGHWAY FUND – OUTSIDE VILLAGE
(DB FUND)
Balance
on hand Sept. 30 $
602,444.35
Oct. Revenues + 106,445.00 1,063,219.23
Oct. Disbursements - 53,229.01 841,396.73
Balance Oct. 31 $ 655,660.34
YOUTH RECREATION &
SERVICE Oct. 31 $1,721.54
HIGHWAY EQUIPMENT RESERVE Oct. 31 $
904.89
BUILDING RESERVE Oct. 31 $ 160,863.94
PARKS Oct. 31 $
53,535.87
RISK Oct. 31
$ 29,030.30
SCENIC BY WAYS GRANT $
8,850.50
Supervisor Thomas Wood reported that the October
Sales Tax Revenue received was $106,445.00.
Highway: Highway
Superintendent Dave Hall reported
that ditching and patching of the roads continues. He stated that they are
working on putting a floor in the new shed.
They took delivery of the new broom today. The paving of the road at Nielson Landing has been completed this
week. A contractor will be coming to do
the shoulders and dress up the yards.
Public comments on
agenda items: No one came forward.
Committee reports
Landfill: No report.
Insurance: No report
Youth: No
report.
Supervisor Thomas Wood reported that the construction of the 3 stop elevator
is in progress. It is expected to be
completed by mid-November. He added
that it has been a smooth transition to the new town offices and we continue to
work on the many details of getting settled.
Senior Citizens: Councilwoman Betty Koval
reported that the Quaker Springs Senior Citizens met on Monday, October 13th. Approximately 31 attended. On October 20th, they took a bus
tour to Vermont where they visited a cheese factory store. Lunch was at the Inn at Essex where there is
a chef training school. After a
delicious lunch, the head chef spoke to the group explaining the chef’s school
and how it functions. In the afternoon
the group visited Cold Hollow Cider Mill and gift shop. The next meeting is November 10th.
The Schuylerville Seniors met
on October 28th and the activity of the day was bingo playing. On November 5th, they took a trip
to Magic King’s Butterfly Conservatory and had lunch at the Deerfield Inn. On November 11th, veterans are
invited to join the seniors for their regular meeting. There will be a flu vaccine clinic on
November 17th. There will
not be a meeting Thanksgiving week. The
seniors will meet at the Holiday Inn for their Christmas Party on December 9th
at noon.
Parks:
Ian Murray reported on Schuyler Park. The
Schuyler Park Committee had numerous meetings in the last month working on
getting things rolling. Once the SEQR is completed tonight, major earth work can
start on Monday. The Friends of Schuyler Park
have received an anonymous substantial donation that will enable the earthwork
to start.
Committee to Honor Volunteer Firefighters &
Emergency Medical Service Workers: No
report.
Quaker
Springs Fire Department (QSFD):
Supervisor Thomas Wood read Stephen Bodnar’s report: They
responded to 8 calls in October. They
worked the regattas on October 25th and 26th. There is one new Explorer Member, one new
application for Jr. Fireman, and one new application for a Class A
Firefighter. They expect to sign the
contracts on the new substation on November 13th with construction
to start as soon as possible. There
will be an election of Fire Commissioners and a District Treasurer on December
9th from 6 -9 p.m. There is
a Christmas Party for fire district children planned for December 7th
from 1-3 p.m.
SLA:
Doug Niles presented the board with a food/candy basket from
the SLA and lake residents congratulating them on the new facility. He noted that the recent regattas had the
biggest attendance in years. SLA
acknowledged SLPID as having the most effective weed control that they have
ever had at the Lake this year. He
added that he has been approached by the Quaker Springs Fire Department for
access to Fish Creek from the dam side, through his property, for their rescue
boats. He noted that it’s a good spot
and the details are being worked out.
Old
business: None
New
business:
On a motion by Councilman
Fred Drumm and seconded by Councilman Charles Hanehan the following Resolution #08-129 Lead
Agency – Schuyler Park 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
adopt a Master Plan for the development of Schuyler Park, located on Route 29
in the Town, as a public recreation area, 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 stated
that the board completed Part II and Part III of the SEQR on Schuyler Park last
Thursday.
On a motion by Councilwoman
Betty Koval and seconded by Councilman Michael McLoughlin the following Resolution #08-130 Negative
Declaration – Schuyler Park
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 adopting a Master Plan for the development of Schuyler Park,
located on Route 29 in the Town, as a public recreation area (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
Board, 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
Master Plan and its environmental effects, as the Town has deemed appropriate,
the Town makes the following findings:
(a) The Action is described in
the EAF;
(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.
The
foregoing resolution was thereupon declared duly adopted.
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number: Date:
11/6/2008
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: Amendment to Subdivision Regulations
regarding design and construction standards for streets and highways
SEQR
Status: Type 1 _X_
Unlisted
Conditioned
Negative Declaration: ___Yes
X No
Description
of Action:
Adoption of Master Plan to develop Schuyler
Park as a public recreation area.
Location:
(Include street address and the name
of the municipality/county. A location
map of appropriate scale is also recommended.) Rt.
29, 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.
On a motion by Councilman
Fred Drumm and seconded by Councilwoman Betty Koval the following Resolution#08- 131 Cell
Tower Lease Agreement 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 has determined
that the Town has no present need for use of certain real property, to wit, a
parcel of 10,000 sq. ft. located at the site of the former Town Landfill off
Hayes Road, and
WHEREAS,
the Town has received an offer from Independent Towers, LLC, seeking an option
from the Town to lease said property for the purpose of constructing a wireless
communication facility, it is now therefore:
RESOLVED, that Supervisor Thomas
Wood is authorized to enter into a lease option agreement for the aforesaid
real property with Independent Towers, LLC, for a term of one year, in the
amount of $6000.00, payable in monthly installments of $500.00, and it is
further
RESOLVED, that should Independent
Towers, LLC exercise said option, the monthly rental for the lease will be
$1,000.00 per month plus 15% of gross rent received by Independent Towers for
antenna space, beginning with the second carrier. The base rent will be
increased by 15% every five years, and it is further
RESOLVED, that
the form of said lease option shall be subject to review and approval by the
Town Attorney.
On a motion by Supervisor
Thomas Wood and seconded by Councilman Charles Hanehan the following Resolution #08-132 - 1987Gradall Sale 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 received a bid of $5,001 from
Bourret Farm, therefore be it,
RESOLVED, by the Town Board of the Town of Saratoga to sell the
1987 Gradall Model 660C to Bourret Farm for $5,001.00.
On a motion by Councilman
Fred Drumm and seconded by Councilman Charles Hanehan the following Resolution # 08-133 Adoption of Annual Town Budget for 2009 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.
This Board having, on November 6, 2008 at 7:00 p.m.,
duly held a public hearing on the preliminary budget approved by this Board and
filed with the Town Clerk for the fiscal year commencing January 1, 2009, and
having heard all persons desiring to be heard in the matter, and the matter of
the budget for this Town for such fiscal year having been fully discussed and
considered, it is
RESOLVED,
that said preliminary budget approved and filed as aforesaid, is hereby adopted
and established as the annual budget for this Town for the fiscal year
beginning January 1, 2009, and that such annual budget as so adopted is
detailed in the minutes of the proceedings of this Town Board, and be it
further
RESOLVED,
that the Town Clerk of this Town shall prepare and certify as provided by law,
duplicate copies of said annual budget hereby adopted, and deliver one of such
copies to the Supervisor of the Town, and that she shall present such copy to
the Board of Legislators of the County as required by law.
On a motion by Councilman
Fred Drumm and seconded by Councilwoman Betty Koval the following Resolution #08-134 Transfer
of 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.
WHEREAS,
expenditures in the Buildings Account A1620.4 have exceeded the budgeted
amounts, therefore be it
RESOLVED,
by the Town Board of the Town of
Saratoga to transfer $8,000 from Contingency Account # A1990.4 to Buildings
A1620.4.
On a motion by Councilman
Michael McLoughlin and seconded by Councilwoman Betty Koval the following Resolution #08-136
Dedication of Ashleigh Lane, Corinne Court, & Anthony Lane 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 Builders, LLC, the
owner of premises to be known as “Ashleigh Lane”, “Corinne Court” and Anthony
Lane” has made an offer of dedication of the aforesaid premises to be used by
the Town of Saratoga as public highways, and
WHEREAS, the construction of the roads has been examined by the Town Highway Superintendent and the Town Engineer, and the title documents have been reviewed by the Town Attorney, and
WHEREAS, the aforesaid Saratoga Builders, LLC, is also desirous of conveying to the Town maintenance easements for drainage, and retention pond areas appurtenant to the aforesaid roads, and
WHEREAS, the aforesaid drainage improvements have been approved by the Town Highway Superintendent and Town Engineer, and title for the easements have been reviewed by the Town Attorney, and
WHEREAS, Ashleigh Lane and Corinne Court are shown on an approved subdivision map as being intended for public highways servicing a subdivision called “Schuyler Pointe”, and Anthony Lane is shown on an approved subdivision map as being intended for a public highway servicing a subdivision called “Burgoyne Estates”, it is now therefore,
RESOLVED, that the Town of Saratoga
accept dedication and conveyance of “Ashleigh Lane”, “Corinne Court” and
“Anthony Lane” and related drainage easements from Saratoga Builders, LLC, in
accordance with the legal descriptions thereof attached hereto as Exhibit A,
and be it further
RESOLVED, that this acceptance is
subject to a certain Memorandum of Understanding between the parties, dated May
27, 2008 which deals with a letter of credit and finish blacktop coat for said
roads, and it is further
RESOLVED,
that said acceptance is conditioned on final approval of all title documents by
the Town Attorney, and be it further
RESOLVED,
that following such approval by the Town Attorney, the aforesaid premises
henceforth shall be considered Town roads and public highways in the Town of
Saratoga.
Supervisor Thomas Wood explained that a request has
been made by MacBoston to store 3 fire trucks in the old town garage for the
winter. It was decided that Town
Engineer Kenneth Martin and Zoning Officer Gil Albert should inspect the
building to determine if it is safe. If
it is found to be safe, then an insurance rider would be required and a “Hold
Harmless agreement. Action may be taken
at the December meeting.
Communications:
NYS Office of Parks,
Recreation and Historic Preservation- Bullard Block, 90-98 Broad Street &
the Victory Mills, 42 Gates Ave. are being considered for nomination to the National
and State Registers of Historic Places.
Historian Sean Kelleher added that he will write a letter of support and
one will be needed from Supervisor Thomas Wood also.
Privilege
of the floor:
Doug Niles inquired how things are going with the
construction at the Gong Property at Saratoga Lake. Zoning Officer Gil Albert responded that he checks on it
often. He noted that it has been
cleaned up considerably. To insure the
construction is safe, Calvin Gong will not be constructing it alone; his
contractor will be there or a Stop Work
Order will be issued.
Upcoming
meetings:
v Agenda meeting – Thursday,
December 4, 2008 at 7:00 p.m.
v
Regular town board meeting – Monday, December 8, 2008 at 7:00 p.m.
v
Special town board meeting –
Tuesday, December 30. 2008 (End-of-Year Audit of Bills)
Audit the Bills: On a motion by Councilman Fred Drumm and
seconded by Councilman Charles Hanehan the
following Resolution #8-135- Approving the payment of bills in Abstract 11G 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 11G (11/06/2008)
in the following amounts: General A $53,231.84, General B $2,149.40 , Building Reserve BR $11,231.32 and Highway
Outside DB $24,354.88, for a total of $90,967.44.
A motion to adjourn
at 9:04 p.m. was made by Councilman Charles Hanehan and seconded by
Councilwoman Betty Koval. 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