DRAFT MINUTES FOR THE

TOWN BOARD MEETING

OF THE TOWN OF SARATOGA,

30 FERRY ST.,

SCHUYLERVILLE, NY

 

October 10, 2007

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: Town Attorney William Reynolds, Deputy Town Clerk Linda McCabe, Zoning Officer Gil Albert, Highway Superintendent David Hall, Town Engineer Kenneth Martin, and other interested members of the public.

 

Recognitions/Presentations/ Bid openings/ Public Hearings:

Bid Openings: Proof of Notice having been furnished by the Saratogian on

September 21, 2007, Supervisor Thomas Wood opened the following bids:

Item 4 Gravel – No bids (Highway Superintendent Dave Hall will use the County Bid)

 

Screened Winter Sand – Tracy Materials, 301 Windy Hill Road, Greenwich, NY, -$6.50/T. – sole bidder

 

Low Sulfur Diesel Fuel -Main-Care Energy, P.O. Box 11029, Albany, NY, -$2.3420/gal. with a $0.2850/gal differential – sole bidder

 

#2 Fuel Oil:

v     Main-Care Energy, P.O. Box 11029, Albany, NY, - $2.2241/gal. with a $0.2650 differential

v     Don Seymour’s Service, 265 Route 32, Schuylerville, NY 12871, $2.1995/gal. with a $0.24/gal. differential

 

Public Hearing:  Proof of Notice having been furnished by the Saratogian on October 3, 2007, Supervisor Thomas Wood opened the Public Hearing on Local Law #6 amending the Subdivision Regulations by changing design and construction standards for streets and highways at 7:13 p.m.  No one came forward to speak.  Supervisor Thomas Wood closed the public hearing at 7:14 p.m. 

 

Approval of Minutes: A motion was made by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan to accept the regular meeting minutes of September 10, 2007 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 September 2007:  Fees paid to the County Treasurer for Dog Licenses $105.75.  Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $63.00. Fees paid to New York D.E.C. for hunting and fishing licenses $3,356.14. Fees paid to the New York State Health Department for Marriage licenses $112.50. Dog license fees to Supervisor Thomas Wood $259.25. Clerk fees to Supervisor Thomas Wood $292.36. Total State, County, and Local Revenues received were $4,189.00.

 

Zoning Officer’s report for September 2007 report:  11 Building Permits, 11 Building Inspections, 2 COs, 4 complaints addressed, and 4 misc. issues were handled.   A check for $1,519.60 was given to Supervisor Thomas Wood. 

 

Dog Control officer’s report for September 2007:  Supervisor Thomas Wood read the report from Ed Cross.  He answered 37 complaints, took 4 dogs to the shelter, issued 8 warnings and 1 summons.  He traveled 239 miles.  

 

Town Court report for September 2007: Justice Jack Ditch reported that the following were closed: 79 Vehicle & Traffic, 9 Criminal/Penal Law, 4 DEC/ENCON, 1 Dog case, 1 DWI, 0 Town & Village Ordinance, 3 Small Claims/Civil, 2 Evictions, 2 Bench trials, 0 Divestiture Forms (case transfers) sent to County Court, 11 attended the Science of Speed School, 0 Defendants sentenced to probation, 75 hours of community service issued, 0 days of jail time issued, 1 Order of Protection issued, and $5,900.00 in fees were paid to the NY State Comptroller.

 

Justice Jack Ditch announced the appointment of Theresa Meidenbauer as part-time court clerk. 

 

Historian’s report:  Sean Kelleher reported that the office is working on the Surrender Week activities for October 10 – 17.  The schedule of events includes:

v     THE WAR THAT MADE SARATOGA:  How the French and Indian War Shaped the Battles of Saratoga Wednesday, October 10 (1 pm )

v     THE OFFICERS OF "ONE OF THE FINEST ENGLISH REGIMENTS" Thursday, October 11 (1 pm )

v     SIEGE FIELD WALKING TOUR Friday, October 12 (11:30 am)

v     EXTENDED AUTUMN HOURS OF THE SCHUYLER HOUSE AND SARATOGA MONUMENT Saturday & Sunday, October 13 and 14 (9:30 am to 4:30 pm)

v     CANDLELIGHT TOURS OF THE SCHUYLER HOUSE - Saturday, October 13 (6 – 9pm)

v     BARONESS' HOME:  Guided Tours of the Marshall House – Sunday, October 14 (starting 3:00 pm)

v     RIVER SIDE SIEGE FIELD WALKING TOUR Monday, October 15 (11:30 am)

v     RESEARCHING REVOLUTIONARY ANCESTORS – Tuesday, October 16 (10 am)

v     230th ANNIVERSARY COMMEMORATION OF THE AMERICAN VICTORY AT SARATOGA CEREMONY Wednesday, October 17 (Noon)

 

 

 

 

Surrender Week commemorations partnership is lead by the Fort Hardy Committee, and includes the Historians' Offices of Saratoga and Schuylerville, Old Saratoga Historical Association, Saratoga National Historical Park, Schuylerville Visitors Center, and the Schuylerville Public Library. 

 

Assessor’s report:  No report.

 

Supervisor’s report:  Financial report: General A $1,129,236.46, General B $123,087.60, Highway Outside $309,330.68, Youth Recreation & Services $1,424.96, Highway Equipment Reserve $45,202.60, Building Reserve $1,012,645.63 and Fire Protection $0. September revenues were $266,794.60 and expenses were $120,737.10.  The September balance is $2,620,927.93.

 

The tentative budget has been received by the board and a third Budget Workshop is scheduled for Thursday, October 25, 2007 @ 6:00 p.m.

 

Supervisor Thomas Wood announced that Hazardous Waste Collection Day is Saturday, October 27, 2007 and registration forms must be to the Wilton town hall by October 15th.  Participation is being limited to 50 registrants from the Town of Saratoga.  Volunteers are needed for the event.  Councilwoman Betty Koval, Supervisor Thomas Wood, Jim Miers and Roger Sherman volunteered.  Additional volunteers are welcome, please contact Supervisor Thomas Wood. 

           

The public commented on the following agenda items:  

Bob Hathaway, Robert Hall, Malcolm Stiles, Bernie DeFelice, Lance Ingmire, Barbara Faraone, and Stephen Bodnar voiced their support of Catherine DeFelice’s job as assessor and asked for her reappointment. 

Roger Sherman thanked the board for participating in the Hazardous Waste Disposal Day.  He then stated that assessments were not raised equally as he was told and asked the board to change any wrong assessments to make them right.    

 

Committee reports:

Highway: Highway Superintendent Dave Hall reported that the replacement of culverts on Fitch Road will be done this month. Winter sand has been hauled for the season.  The sand, gravel, and fuel oil bids are out. He added that the old garage needs to be demolished down to the concrete.   

Highway Superintendent Dave Hall presented two quotes for siding that would match what is presently on the new shed.  He added that the money is in the budget for the siding and doors.  The quote from Curtis Lumber is for $3,223.58 and the quote from Wiley’s is for $3,280.29.  A motion was made by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval to authorize Highway Superintendent Dave Hall to purchase the siding from Curtis Lumber for $3,223.58.  Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

 

Highway Superintendent Dave Hall presented three quotes for garage doors as follows:  Overhead Doors for $8,356; Adirondack for $10,235 and Winchip for $7,989.  He noted that the Winchip doors do not meet the specifications.  A motion was made by Supervisor Thomas Wood and seconded by Councilwoman Betty Koval to authorize Highway Superintendent Dave Hall to purchase the garage doors from Overhead Doors for $8,356.  Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

 

Highway Superintendent Dave Hall announced that he has hired Michael Marshall to fill the existing vacancy.  He stated that Michael Marshall has six years experience snowplowing and is qualified to operate the grader and gradall.  He added that he has a Class A license also. 

 

Landfill: No unusual conditions and all quality control data is within acceptable limits.

 

Insurance: No report.

 

Youth:  No report.

 

Buildings: Supervisor Thomas Wood reported that the Building Committee met on October 3rd.  The committee reviewed the information on the corner school, the rehabilitation of the existing town hall and modular construction costs. The next Building Committee meeting is tentatively planned for October 31st. 

  

Senior Citizens:  Councilwoman Betty Koval reported that the Quaker Springs Seniors met October 8th.   A presentation followed lunch.  Frank Pemberton, a Cornell Cooperative Extension agent, discussed plant and lawn care for the fall.

 

Councilwoman Betty Koval reported that the Schuylerville Seniors met on September 23rd.  Supervisor Thomas Wood spoke updating them on the status of the plans for a new town hall.  On October 9th, Red Cross personnel addressed the seniors explaining their services and inviting members to become volunteers.  There are two trips scheduled.  A bus trip to hear the Empire State Youth Orchestra is planned for October 24th and on Nov. 28th; a trip to the Williamstown Inn for lunch and a Christmas show is scheduled.  The next meeting on October 28th a representative from Wesley Nursing Home will make a presentation.  The December 11th Christmas Dinner meeting will be held at the Legion Hall and it will cost $16.00.

 

Park Committee:  Supervisor Thomas Wood reported that C T Male has completed the Phase 1 environmental review and a preliminary draft has been received on the Rt. 29 park site.  Next, some digging and sampling of soils will take place with the Highway Department’s help.  A draft report is expected by October 26th.        

 

Zoning Amendment Advisory Committee (ZAAC):  Councilman Charles Hanehan noted that laws are still being passed. 

 

Committee to Honor Volunteer Firefighters & Emergency Medical Service Workers:  Sean Kelleher reported that the committee continues to work forward while we await a decision on the new town hall.  We met on Wednesday, September 26th at 7 pm.  We have determined that we are still very interested in building a memorial to Firefighter and EMS workers with an emphasis on Brian Myers Sr. at the location of the current Town Hall on Ferry Street.  The committee does not feel like we are in a rush to put up a memorial but would like to do the work in a first class manner.  The committee
on behalf of the Town has ordered two bricks at the National Fallen Firefighters Memorial to recognize the 10 year anniversary of Myers’ final call in the Town of Saratoga.  The committee is working on a flyer to encourage volunteers. It will be sent out in the new residents’ package.  We are also working with a number of businesses to
try to get increased sponsors for new street signs to encourage volunteer firefighters and EMS workers.  Each department is reporting that they are receiving new volunteers and we hope that our efforts have played a part in raising the awareness of this issue.   

 

National Incident Management System Committee (NIMS):  Jim Miers reported that work on the Reverse 911 system is going smoothly.  After the 1st of the year, they will be taking alternate phone #’s, if you don’t wish to use your home number.  With winter approaching, the committee is looking into warming sites.  The next meeting is scheduled for October 18th at 2:30 p.m. at the town hall.  A demonstration of ham radio capabilities will be given.   


GSES, QSFD, SLPID/SLA Reports:

Quaker Springs Fire Department:  Stephen Bodnar reported that the Quaker Springs Fire Department responded to 6 calls in September.  He reported that seventeen firemen attended the September 15th farm rescue drill at the William Hanehan farm.  The firemen worked at the Regatta.  They have met with the architect on the new substation and it was decided that any further work will be done in the spring.  A budget information hearing will be held on October 16th.  They will be participating in Fire Prevention activities at the school on October 12th.   An October 21st smorgasbord is planned and a Halloween Party is planned for October 27th.  The new Rescue Truck is scheduled for delivery in December.      

General Schuyler Emergency Squad:  Supervisor Thomas Wood announced that he has received a $50,000 check for them from Senator Bruno.

Saratoga Lake Association:  Barbara Faraone reported that their informational meeting will be held at Panza’s on October 25th from 7:00 to 9:00 p.m. She added that Sonar has been used on the south end of the Lake with success.  The middle will be done next year and the north end the following year. 

 

Old business:  None

 

New business:

On a motion by Councilman Fred Drumm and seconded by Councilman Charles Hanehan, the following Resolution #07-117 – Screened Winter Sand Bid Acceptance was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for screened Winter Sand per Specification TS 01-07, and      Tracy Materials, Inc., 301 Windy Hill Road, Greenwich, NY 12834 was the lowest bidder for screened Winter Sand; therefore, be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from             Tracy Materials, Inc., 301 Windy Hill Road, Greenwich, NY 12834 of $6.50 per ton for screened Winter Sand providing the specifications in TS 01-07 are met.     

 

 

 

 

On a motion by Councilman Fred Drumm and seconded by Councilwoman Betty Koval, the following Resolution #07- 118 – Low Sulfur Diesel Fuel Bid Acceptance

was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for Ultra Low Sulfur Diesel Fuel per Specification TS 02-07, and Main-Care Energy, P.O. Box 11029, Albany, NY 12211, was the low bidder at $2.3420/gal.with a $0.2850/gal. differential; therefore be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from                           Main-Care Energy, P.O. Box 11029, Albany, NY 12211, for $2.3420/gal.with a $0.2850/gal. differential for Ultra Low Sulfur Diesel Fuel, providing the specifications in TS 02-07 are met.    

 

On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm, the following Resolution #07- 119 - #2 Fuel Oil Bid Acceptance was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for #2 Fuel Oil per Specification TS 02-07, and Don Seymour’s Service, 265 Route 32, Schuylerville, NY 12871, was the low bidder at $2.1995/gal., with a $0.24/gal. differential; therefore be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from             Don Seymour’s Service, 265 Route 32, Schuylerville, NY 12871, for $2.1995/gal., with a

$0.24/gal. differential for #2 Fuel Oil, providing the specifications in TS 02-07 are met.

 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval, the following Resolution #07- 120- Lead Agency Designation – Local Law #6 Amending the Subdivision Regulations by changing design and construction standards for streets and highways was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga is proposing to amend the Subdivision Regulations by changing design and construction standards for streets and highways with Local Law #6 of 2007,  and

WHEREAS, the approval of Local Law #6 of 2007 is an Action subject to the provisions of the New York State Environmental Quality Review Act (S.E.Q.R.) and the regulations promulgated to implement said Environmental Quality Review Act, and

WHEREAS, the provisions of S.E.Q.R. require the designation of a “Lead Agency” to determine the environmental significance of the Action, and

WHEREAS, this agency has complied with the provisions of S.E.Q.R. pertaining to “Lead Agency” designation, now, therefore, be it

RESOLVED, that the Town Board of the Town of Saratoga is hereby designated the “Lead Agency” for the purpose of conducting the S.E.Q.R. review of referenced Local Law #6 of 2007. 

 

 

Supervisor Thomas Wood reported that the Short Environmental Assessment Form (EAF) for Local Law #6 amending the Subdivision Regulations by changing design and construction standards for streets and highways was completed line-by-line at the agenda meeting on October 4th.

 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval, the following Resolution #07- 121   Negative Declaration – Local Law #6 Amending the Subdivision Regulations by changing design and construction standards for streets and highways was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga, Saratoga County, New York (the "Town") is considering adoption of LOCAL LAW #6 OF 2007, amending the Subdivision Regulations by changing design and construction standards for streets and highways, 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 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, the Town has prepared an environmental assessment form for the Project (the "EAF"), a copy of which was presented to and reviewed by the Town at this meeting and a copy of which is on file in the office of the Town Clerk; and

WHEREAS, pursuant to the Regulations, the Town has examined the EAF in order to make a determination as to the potential environmental significance of Action; and WHEREAS, the Action appears to constitute an “Unlisted 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 Subdivision Regulation amendments 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 an "Unlisted 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.

 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval, the following Resolution #07- 122 Adoption of Local Law #6 of 2007 Amending the Subdivision Regulations by changing design and construction standards for streets and highways was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga has reviewed the aforementioned changes and has determined their merit, and

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople, now therefore be it,

RESOLVED by the Town Board of the Town of Saratoga to adopt Local Law # 6 of 2007, amending the Subdivision Regulations by changing design and construction standards for streets and highways. (Local Law #6 of 2007 is on file in the Town Clerk’s Office – Local Laws.)  

 

On a motion by Councilman Fred Drumm and seconded by Councilwoman Betty Koval, the following Resolution #07-123 Appointing Victoria Hayner as Sole Assessor  was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin –absent.  Carried 4 – 0.

WHEREAS, Victoria Hayner has successfully completed the course of training as prescribed by the laws of the State of New York and the rules of the State Board of Real Property Services and has attained the designation of State Certified Assessor, and

WHEREAS, Victoria Hayner has met all NY State Qualification Standards for an appointed Assessor, and

WHEREAS, Victoria Hayner has experience having previously served as Assessor for the Town of Charlton, now therefore be it

RESOLVED, that the Town Board hereby appoints Victoria L. Hayner as Sole Assessor from 10/1/2007 to 9/30/2013 at a starting annual salary of $20,000.  

 

Communications:

v     Thank you note from Robert Park and Lance Ingmire to David Hall, Highway Superintendent, the Quaker Springs Fire Department, Dick Rasmussen of the USDA, and John Hamilton and staff, of the Saratoga County S, W & C District  for their cooperation and support with the dry hydrant on Trombley Road.   

v     Thank you note from Marlene Bissell of Hudson Crossing to the town for their “in-kind” brush-hog work on the Lock Five Island, Hudson Crossing Festival.  Supervisor Thomas Wood thanked the Highway Department for their help. 

 

Privilege of the floor:  

Barbara Faraone raised concerns regarding the Gong Property on Rt. 9P, Saratoga Lake.  It is a mess again.  She added that he is building a two-story garage in a residential area with no house. Town Attorney William Reynolds stated that a garage is a customary accessory use to a house.  Zoning Officer Gil Albert stated that he has a plot plan for a house. Concerns were raised that the second story may be lived in.  Zoning Officer Gil Albert is monitoring the situation.    

Clarence Fosdick added that it has been a concern of the ZBA that garages are built and then they are used as a dwelling. 

ZBA Chairman Stephen Bodnar stated that a neighbor of Calvin Gong’s recently went to the ZBA for a variance to build a garage and shed and the ZBA granted the variance with a stipulation that it would not be used as living quarters. 

Highway Superintendent Dave Hall noted that the power was out for four hours on Saturday and the new generator kicked in and worked fine. 

 

Upcoming meetings:

v     Budget Workshop – Thursday, October 25, 2007 at 6:00 p.m.

v     Building Committee meeting – Wednesday, October 31, 2007 at 6:00 p.m.

v     Agenda meeting – Thursday, November 1, 2007 at 7:00 p.m.

v     Regular town board meeting –Thursday, November 8, 2007 at 7:00 p.m.  

 

Audit the Bills: On a motion by Councilman Fred Drumm and seconded by Councilman Charles Hanehan the following Resolution #07-124 - Approving the payment of bills in Abstract 10G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 4 – 0. 

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of the bills listed in Abstract 10G (10/10/2007) in the following amounts: General A $10,147.66, and General B $1,346.39, and Highway Outside $17,605.87 for a total expense of $29,099.92.

 

A motion to adjourn at 8:53 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

 

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