DRAFT COPY

REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 30 FERRY ST.,

SCHUYLERVILLE, NY

November 4, 2004

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: Highway Superintendent Grant Seymour, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Deputy Clerk Linda McCabe, Assessor/Bookkeeper Catherine DeFelice, Lynda Teitelbaum, David Teitelbaum, Becky DeWitt, JoAnn Goldblatt, Stephen Goldblatt, James Bulgey, Anthony Holland, Kristi Carrara, Meghan Phalen, Geraldine Friedman, Tim Banks, Leon Reed, David Reulet, Joe Reulet, Bonnie Vidnansky, LaVerne Stiles, Rafael Saakov, Malcolm Stiles, Robin and Chris Barnum, Bob and Karin Gerber, Pat Eustis, Bob Brooks, Dave and Mary Jackson, Daniel Zakowski, and Ted Munn.

 

Supervisor Thomas Wood gave the Rules of Procedure for Public Hearings, which included a five-minute limit per person on speaking.

 

Supervisor Thomas Wood explained that the budget is an estimate of revenues and expenses and that he is confident that this budget is reasonable, accurate, and conservative.  He added that the Town of Saratoga would continue to be debt free.  He then covered the three different account areas for expenditures and the primary sources of revenue.  He noted that the budget includes a rate increase of $.23 per $1,000 of assessed value. The new rate is $2.885 per $1,000 assessed values.  Supervisor Thomas Wood explained some of the reasons for the increase.  He stated that since we are a growing town there is need for increases in services that requires more staff time and costs.  We have followed what other towns and the county has allowed for wage increases and that is a 3% increase.  There have been increases in the following areas: parks, record management, health insurance, state retirement, celebrations (signage), building reserve fund, ambulance and fire district.  He added that Saratoga County will be lowering their tax rate by $ .10 per $1,000 assessed value and that the town has returned $150,000 in sales tax revenue reserves to the county to offset county taxes.  Supervisor Thomas Wood reported on how our tax rate compares to our neighboring towns of Northumberland and Stillwater.  Our rate is significantly less than Stillwater’s and a little less than Northumberland’s town tax rate. 

 

Proof of Notice having been furnished, Supervisor Thomas Wood opened the Public Hearing on the 2005 Preliminary Budget: 

Geraldine Friedman inquired on what the total budget was and the amount of the increase.  Supervisor Thomas Wood replied that the total budget is $2,256,973 and the increase is $266, 039.

 

Having heard all persons wishing to be heard, Supervisor Thomas Wood closed the Public Hearing.

 

Proof of Notice having been furnished, Supervisor Thomas Wood opened the Public Hearing on Local Law #9 of 2004 – a zoning amendment removing mining as a Special Permitted Use in the Rural Residential District:  

The following spoke for Local Law # 9, removing mining from the Rural Residential District:

Stephen Goldblatt, 113 Chelsea Dr., spoke about our growing town and the need to protect the majority of the people, that a mine there would be devastating to their Quality of Life, and the noise pollution caused by machinery back-up noises is incredible.

Jim Bulgey, 111 Chelsea Dr., voiced concerns about safety, ecology, and environmental concerns.

Dan Zykowski, 69 Partition St., Rensselaer, spoke of the negative experiences of having a Valente mine on his street and problems with traffic, dirt, dust, noise and groundwater problems.

Kristi Carrara, 888 Route 29, traffic concerns regarding the Route 29 corridor.

David Teitelbaum, 118 Chelsea Dr., concerns regarding health, noise, diesel fumes and air pollution, water and traffic.

Bob Gerber, 121 Chelsea Dr., concerns regarding air quality, water, environmental impact, and health concerns considering that 25 children reside on Chelsea Dr.

Malcolm Stiles, 35 Louden Rd., traffic concerns.

Anthony Holland, 112 Chelsea Dr., stated maintaining the residential quality of the area, preserving the natural beauty and rural character of the town as suggested in the Comprehensive Land Use Plan of the Town of Saratoga as the reasons he is for the zoning amendment. He also stated two prime dangers associated with mining operations: noise levels and the destruction of the potable water supply.

David Reulet, 835 Route 29, water concerns.

Becky DeWitt, 8 Louden Rd., spoke for the amendment.

 

The following spoke against Local Law # 9 of 2004:

Tim Banks, R.J. Valente Gravel, spoke about how his operation differs from those operations of which studies have been based on and presented to the board. The only equipment that will be used is a bucket loader and dump truck unlike some mining operations.  He stated that they would reclaim the land after the mining and return it back to a farmland type property.  He also stated that they are not proposing to dig down and are proposing a floor elevation of 225’ while Rt. 29 is at 219’. He stated that he felt that he was treated unfairly by the town in the Special Permit Process and has been denied a fair application process. He added that they own the land and should have a right to use it.

 

Since all persons wishing to be heard had been heard, Supervisor Thomas Wood closed the Public Hearing.

 

 Approval of Minutes: All board members received and read the minutes of October 13th, 2004.  A motion was made by Supervisor Thomas Wood and seconded by Councilman Bruce Cornell to accept the minutes of the October 13th, 2004 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 for October 2004: Fees paid to the County Treasurer for Dog Licenses $65.27. Dog license fees paid to the NYS Dept. of Agriculture and Markets $21.00. Fees paid to New York D.E.C. for hunting and fishing licenses $1,935.09. Dog license fees to Supervisor Thomas Wood $167.73. Clerk fees to Supervisor Thomas Wood $203.91. Total State, County, and Local Revenues received were $2,393.00.

 

Zoning Officer’s report: October 2004: 12 Building Permits, 6 C.O.’s, and 23 Building inspections were done.   A check for $1,022.90 was given to Supervisor Thomas Wood.

 

Supervisor’s report: Supervisor Thomas Wood presented October 2004 balances in Town funds as follows: General A $503,614.87, General B $82,965.48, Highway Outside $260,733.93, Youth Recreation & Services $1,119.33, Highway Equipment Reserve $109,022.18, Building Reserve $817,599.45, and Fire Protection $0.00.  October revenues were $159,962.15 and expenses were $86,915.85.  The total October balance is $1,775,055.24.

 

Supervisor Thomas Wood announced that the Games of Chance proposition on the ballot on Tuesday passed by a vote of 603 to 527.  This will allow the not-for-profit organizations in the town to sell Raffle Tickets and Bell Jar/Pull -tabs.

 

Supervisor Thomas Wood also announced that David Mathis has been elected as Justice for the Town of Saratoga and offered his Congratulations! 

 

Highway: Highway Superintendent Grant Seymour reported that things are quiet and the crews continue to work on cleaning out ditches and culverts.  They are readying the trucks and plows for winter.  He added that the winter sand is in and that the price of salt has increased. 

 

Landfill: Supervisor Thomas Wood reported that the quarterly testing of the landfill has been done and that there are no unusual conditions and all test results were within the allowable limits.

 

Insurance: Supervisor Thomas Wood explained that the insurance coverage increases that were approved last month are now in place.

 

Youth Committee report: Councilman Michael McLoughlin commented on the exceptional accomplishments of the Schuylerville Central School Football Team, Girl’s Field Hockey and Cross Country Teams.

 

Buildings: Supervisor Thomas Wood stated that Town Engineer Kenneth Martin is preparing RFP’s for test borings on the site immediately to the north of the present town hall in an effort to see if it is an acceptable site for a new town hall.  It has also been recognized by SHIPO that a Phase 1A investigation of the proposed town hall site is needed.

 

Supervisor Thomas Wood mentioned that there was a gas leak at the town offices and that it has been fixed. 

 

Senior Citizens report: No report.

 

Park Committee report: Councilman Michael McLoughlin reported that he and Supervisor Thomas Wood walked the Quaker Springs Mineral Springs Pocket Park Site and that the park committee is still in search of land for a park and recreational facilities. 

 

Cable TV Committee: Councilman Fred Drumm reported that Town Attorney William Reynolds is reviewing the Cable TV Franchise agreement.  Town Attorney William Reynolds then added that he has reviewed it and the contract looks fine.  Councilman Fred Drumm stated that a public hearing on the contract should be held at the December 13th board meeting. 

 

Old Business:

Supervisor Thomas Wood introduced Resolution #04-126 and Councilman Fred Drumm seconded it:

WHEREAS, the Saratoga Town Board proposed to amend it’s Zoning Ordinance by

 removing mining as a special permitted use in the rural residential district, and

WHEREAS, the approval of said project is a “Type 1” action subject to the provisions of the New York State Environmental Quality Review Act (SEQR) and the regulations (6 NYCRR Part 617) 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, the Town Board has determined that no other agencies are involved in the review or approval of the action, now therefore be it,

Resolved, that the Town of Saratoga Town Board and the same is hereby designated the “Lead Agency” for the purpose of conducting the SEQR review and determination of significance of the proposed action. 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 introduced Resolution #04-127 and Councilman Fred Drumm seconded it:

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;

(b)   The Plan 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.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0. (The full text of this resolution is on file in the Town Clerk’s office.)

 

Having had the public’s input, Supervisor Thomas Wood introduced Resolution #04-128 and Councilman Bruce Cornell seconded it. Town Attorney William Reynolds asked to have part of the first sentence in SECTION 1 – LEGISLATIVE FINDINGS of Local Law # 9, taken out and the board agreed.  Following input from various sources has been removed, and the paragraph now begins with Upon due consideration.  (The full text of Local Law #9 0f 2004 is on file in the Town Clerk’s office.) 

 

RESOLVED by the Town Board of the Town of Saratoga to adopt Local Law # 9 of 2004, a zoning amendment removing mining as a Special Permitted Use in the Rural Residential District.   

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

(The full text of this resolution is on file in the Town Clerk’s office.) 

 

Councilman Fred Drumm introduced Resolution #04-129 and Councilman Charles Hanehan seconded it:

This Board having, on November 4, 2004 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, 2005, 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, 2005, and that such annual budget as so adopted is detailed in the minutes of the proceedings of this Town Board.

Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0. (The full text of this resolution is on file in the Town Clerk’s office.) 

 

Supervisor Thomas Wood explained the need for an employee handbook for the town employees. He added that Amtek, Human Resource Consultants, comes as a highly regarded company in the field of Human Resource needs.  A meeting is planned with           Ronnie Travers of Amtek.

 

Supervisor Thomas Wood expressed the need for the organization, accessibility, and ease of use of our local laws, zoning regulations, and minutes.  Funds for the codification of the town’s zoning regulations, local laws, and minutes has been provided for in the 2005 budget.    Once codified our records would also be available on a website and very easily searchable along with the records of other municipalities, which will help us to research different subjects. Request for Proposal’s (RFP’s) will be advertised. 

 

 

 

New Business:

Councilman Charles Hanehan introduced Resolution #04-130 and Councilman Michael McLoughlin seconded it:

WHEREAS, the Town of Saratoga has agreed to administer the Heritage NY Grant and reimbursement will be applied for, and

WHEREAS, documentation has been provided to verify work completed on the Schuylerville Visitors Center exhibit, invoice #112 for $1,000.00, therefore be it

RESOLVED, that the Town of Saratoga pay invoice #112 in the amount of $1,000.00 to Center for Heritage Education and Tourism, 501 State Route 32, Schuylerville, NY 12871 from account # A 7110.4 Parks. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Councilman Bruce Cornell introduced Resolution #04-131 and Councilman Charles Hanehan seconded it: 

WHEREAS, the Town of Saratoga has agreed to administer the Heritage NY Grant and reimbursement will be applied for, and

WHEREAS, documentation has been provided to verify supplies purchased for work on the Schuylerville Visitors Center exhibit, invoice #2433 for $1,007.00, therefore be it

RESOLVED, that the Town of Saratoga pay invoice #2433 in the amount of $1,007.00 to Wayland Design, 100 Main Street, Delhi, NY 13753 from account # A 7110.4 Parks.

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 introduced Resolution #04-132 and Councilman Fred Drumm seconded it:

WHEREAS, the Town of Saratoga has agreed to administer the Lakes to Locks Passage Saratoga Pocket Parks Grant, Contract # DO17673, Workplan PIN: 1SB1.02.121

and

WHEREAS, documentation has been provided to verify services provided from 7/01/04 through 8/31/04, now therefore be it

Resolved, that the Town of Saratoga pay invoice number 14-05 in the amount of $2,000 from account A 7150.4 Special Recreational payable to Lakes to Locks Passage, Inc., 814 Bridge Road, Crown Point, NY 12928. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Councilman Fred Drumm introduced Resolution #04-133 and Councilman Bruce Cornell seconded it:

WHEREAS, the Lakes to Locks Passage has been working closely with the Town of Saratoga in developing a network of interpretive Pocket Parks, and

WHEREAS, a grant will provide enough funds for the construction of the Pocket Parks, and

WHEREAS, one of the Pocket Parks will be located on Route 4 south of the Village of Schuylerville in the Town of Saratoga, and

WHEREAS, this pocket park will focus on the Early French and Indian War Forts and the General Burgoyne Sword Surrender Site, therefore be it,

 

RESOLVED, that upon the completion of the pocket park in the year 2005 that the Town of Saratoga agrees and commits to the New York State Department of Transportation to permanently maintain or make arrangements with others to maintain the area. 

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 introduced Resolution #04-134 and Councilman Charles Hanehan seconded it:

WHEREAS, the Town of Saratoga on behalf of a cooperative, which includes the Town of Saratoga and Stillwater and the Villages of Victory, Schuylerville, and Stillwater, is requesting funds to plan and inventory the historical records in the various municipal Historians offices, and

WHEREAS, the Town Board recognizes the need to develop a plan to allow for the appropriate management of the town’s historical records, therefore be it 

RESOLVED, that the town board of the Town of Saratoga supports the application for a grant from the State Archives’ Local Government Records Management Improvement Fund (LGRMIF) to inventory and briefly describe the records held by the Historian’s office in the collaboration and to develop a records management plan for the historical records collections in the collaboration. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Councilman Charles Hanehan introduced Resolution #04-135 and Councilman Bruce Cornell seconded it:

WHEREAS, the Town Board of the Town of Saratoga recognizes the need for a fund transfer to cover additional expenses incurred by the justice department, therefore be it

RESOLVED by the Town Board of the Town of Saratoga to transfer $199.61 from the Contingency Account # A1990.4 to Account # A1110.4 Justices, to cover the additional expenses incurred for training.  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 spoke about the proposed telecommunications tower by Cingular Wireless on Hayes Road in the Rural Residential District of the town.  Telecommunications towers are only allowed in the Rural District, so they are before the Zoning Board of Appeals for a use variance.  They have been asked to look into sites in the Rural District where they are a permitted use.  Supervisor Thomas Wood mentioned that the town landfill on Hayes Road might be a good site for consideration as it is nearby, and is in the Rural District.  He noted that this could be a revenue generator for the town.  Cingular Wireless has agreed to present other possible sites in the Rural District to the Zoning Board of Appeals.

 

Communications: Supervisor Thomas Wood read a letter from Stephen Dorsey, First Assistant County Attorney, notifying the town that a public hearing will be held by the Saratoga County Sewer District No. 1 on November 10th at 9:00 a.m. at the Board of Supervisors’ Chambers in Ballston Spa regarding the proposed sewer rates for 2005. 

 

 

 

 

Privilege of the floor:

David Tietlebaum thanked the board for their support in passing Local Law #9 of 2004, removing mining as a Special Permitted Use in the Rural Residential District. 

 

The next agenda meeting will be Thursday, December 9, 2004 and the regular board meeting will be Monday, December 13, 2004 at 7:00 p.m.

 

Audit the Bills: Per abstract 11/04/2004 (11G): General A $16,760.17, General B $778.37, Youth $0, (11H): Highway Outside $16,138.61, for a total expense of $33,677.15.

 

A motion to adjourn was made by Councilman Charles Hanehan at 8:51 p.m. and Councilman Fred Drumm seconded it. Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Michael McLoughlin – aye, Councilman Bruce Cornell – aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Respectfully Submitted,

 

 

Ruth Drumm, Town Clerk

 

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