Draft

MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA,

 30 FERRY ST., SCHUYLERVILLE, NY

October 11, 2006

7:00 P.M.

 

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

 

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

Also present: Highway Superintendent Dave Hall, Deputy Town Clerk Linda McCabe, Assessor/Bookkeeper Catherine DeFelice, Town Attorney William Reynolds, Zoning Officer Robert Hathaway, Zoning Board Chairman Stephen Bodnar, Clarence Fosdick, Tax Collector Jim Gorham, Barbara Hanehan, Charles Clark, Gene Derby, Leigh Hornbeck, Sherry Doubleday, and Richard Behrens.

 

Recognitions/Presentations/ Bid openings/ Public Hearings:

Recognitions:

On a motion by Supervisor Thomas Wood and seconded by Councilwoman Betty Koval  the following resolution was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution # 06-107 Honoring Alice M. Smith, was presented to her niece, Colleen Buell, by Supervisor Thomas Wood as follows:  

WHEREAS, Alice M. Smith was a lifetime resident of the Village of Schuylerville and Town of Saratoga; and

WHEREAS, Alice M. Smith devoted her entire life to giving to others and service to her church and the community; and

WHEREAS, Alice M. Smith was a salutatorian of the class of 1933 at Schuylerville Central School serving as editor of her class yearbook; and

WHEREAS, Alice M. Smith continued her education at Albany State College; and

WHEREAS, Alice M. Smith served for many years as writer and editor of the Grad News, a publication of the Schuylerville School Alumni Association; and

WHEREAS, Alice M. Smith served as Deputy Town Clerk from May, 1940 to December 1941; and

WHEREAS, Alice M. Smith served as Town Clerk from January 1942 until her retirement in December 1979; and

WHEREAS, Alice M. Smith served as part time clerk for the assessors office from January 1980 to December, 1997; and

WHEREAS, Alice M. Smith served as clerk for the Youth Commission for several years; and

WHEREAS, Alice M. Smith served as a member of the Village of Schuylerville Library Board for many years; and

WHEREAS, the Saratoga County Board of Supervisors recognized Alice M. Smith by dedicating the “2002  Proceedings of the Board of Supervisors Book” to Alice M. Smith; and

WHEREAS, Alice M. Smith served as Grand Marshall of the Turning Point Parade on two separate occasions; and

WHEREAS, Alice M. Smith was awarded the 2003 Schuylerville Area Chamber of Commerce Town of Saratoga Citizen of the Year; and

WHEREAS, Alice M. Smith was nominated for the prestigious Capital District Area Jefferson Award in 2004; now therefore be it

RESOLVED, that the Town of Saratoga extends our belated condolences to all of the members of the extended Smith Family for their loss; and be it further

RESOLVED, that the Town Board of the Town of Saratoga does hereby recognize and honor to the highest degree possible Alice M. Smith for her patriotism, devotion, commitment, and service to her village, town, and country; and be it further

RESOLVED, that the Town of Saratoga will hold Alice M. Smith’s name and record of service in the highest esteem and she will always be remembered as a member of the greatest generation and one of the Town of Saratoga and Village of Schuylerville’s best.

 

Bid Openings:

Proof of legal notice in the Saratogian on September 22, 2006 was presented and the following bids were opened:

Item 4 Gravel:  No bid

Screened Winter Sand: Tracy Materials, 301 Windy Hill Road, Greenwich, NY 12834 -$6/Ton

Low Sulfur Diesel Fuel:  Main Brothers Oil Co., Inc., 1 Booth Lane, Albany, NY 12211- $1.9015/gal. with a $0.28/gal. differential

#2 Fuel Oil: Main Brothers Oil Co., Inc., 1 Booth Lane, Albany, NY 12211 - $1.7689/gal. with a $0.26/gal. differential 

2007 Single Axle Cab & Chassis: Tracey Road Equipment, 115 Railroad Ave. Ext., Albany, NY 12205-0306 - $95,702

Snowplow & Sander: Arrowhead Equipment Inc., 106 Luzerne Road, Queensbury, NY 12804 - $57,916 

 

Approval of Minutes: A motion was made by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan to accept the minutes of the regular meeting on September 11, 2006 and the October 5, 2006 special meeting as written. Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

 

Town Clerk’s report for September 2006: Fees paid to the County Treasurer for Dog Licenses $108.92. 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 $3,229.73. Fees paid to the New York State Health Department for Marriage licenses $67.50. Dog license fees to Supervisor Thomas Wood $273.08. Clerk fees to Supervisor Thomas Wood $268.77. Total State, County, and Local Revenues received were $4,011.00.

 

Zoning Officer’s report: September 2006 report: 6 Building Permits and 17 CO’s were issued, and 12 building inspections were done and 1 perc test.  A check for $1,305 was given to Supervisor Thomas Wood. 

 

Dog Control officer’s report for September 2006: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 16 complaints, took 2 dogs to the shelter, traveled 180 miles, issued 6 warnings and 2 summons’ were issued. 

 

Town Court report: The report was read by Supervisor Thomas Wood and the following cases were closed in September 2006:  74 Vehicle & Traffic, 15 Criminal/Penal Law, 11 DEC/ENCON, 4 Dog cases, 0 DWI, 4 Town & Village Ordinances, 3 Small Claims/Civil, 2 Evictions, 2 Bench trials, 2 (case transfers) Divestiture Form sent to County Court, 11 attended the Science of Speed School, 1 Defendant sentenced to probation, 340 hours of community service issued, 22 days of jail time issued, 1 Order of Protection issued, and $6,310 in fees were paid to the NY State Comptroller.

 

Historian’s report:  Highlights of Sean Kelleher’s report are as follows:

He noted that the Historian’s office has been busy planning the activities for Surrender Week celebrating the 229th Anniversary of the Battles of Saratoga from October 10th through 17th. 

He reported that there are numerous management plans that include the Town of Saratoga.  The plans are: the Town of Saratoga, Village of Schuylerville, and Village of Victory Comprehensive Plans, Saratoga NHP Management Plan, Erie Canalway Heritage Corridor Management Plan, Saratoga County Green Infrastructure Plan, Lakes to Locks Passage Corridor Management Plan, Mohawk Valley Heritage Corridor Management Plan.  Plans that are now being done are the Old Saratoga Local Waterfront Revitalization Plan, a Battles of Saratoga Preservation and Viewshed Protection Plan, and Towns of Saratoga and Northumberland Joint Open Space Plan.  In the near future the Champlain Valley National Heritage Partnership Management Plan, Historic Saratoga-Washington on the Hudson Partnership Stewardship Plan and the Lakes to Locks Passage’s Celebrate Hudson Waterfront Revitalization and Marketing Plan which should include the Town of Saratoga. 

 

Supervisor’s report: Supervisor Thomas Wood presented September 2006 balances in Town funds as follows: General A $922,083.14 ($50,000 of this is Park Reserve), General B $59,421.83, Highway Outside $265,272.45, Youth Recreation & Services $844.04, Highway Equipment Reserve $90,623.49, Building Reserve $973,490.08 and Fire Protection $0.  September revenues were $217,080.22 and expenses were $105,451.56.  The total September 2006 balance is $2,311,735.03.

 

A budget workshop was scheduled for Monday, October 16, 2006 at 7:00 p.m.

 

Assessor’s report: Assessor Catherine DeFelice reported that September was a quiet month, with 18 transfers of which 10 were valid sales, and 8 non-valid sales.  She added that there was 1 split, which created 1 new parcel. Ownership was corrected on 2 parcels due to the death of one of the owners.  She added that she attended the NYSAA Fall Conference & training session.  An update on the STAR rebate checks was given.  Those eligible for this check in the County of Saratoga will receive the following amounts:  Schuylerville School B - $237.78 & E - $397.09, Saratoga Springs City School B - $119.79 & E - $200.05 and the Stillwater School B - $139.41 & E - $232.81. She added that she is in the process of getting exemption renewal forms ready.   

 

Public comments on agenda items: (name & subject)

No one commented.

 

 

Committee reports:

Highway: Highway Superintendent Dave Hall reported that the winter sand pile has been replenished.  Bryant’s Bridge Road paving was set for the second week in October but the bridge is not on schedule so it has been delayed.  The highway garage’s alarm system has been updated.  The ditching and patching of roads is continuing and the roof on the old garage has been repaired.  He added that the concrete slab for the generator has been poured. 

 

Supervisor Thomas Wood noted that the county estimates the completion date for Bryant’s Bridge to be November 27, 2006.

 

Landfill:  No report.

 

Insurance:  No report.

 

Youth: Jeannie Duval presented the board with the Learn to Swim program’s written annual report. One hundred and forty two children participated in the summer program.  

 

Buildings:  The Building Committee met with Don Davis and associates of S.D. Atelier on October 4th.  They reviewed designs for the Ferry Street site and the archeological and SEQR requirements.  The department heads are meeting to further discuss their needs on October 12th and will forward their suggestions to Don Davis.  He will meet with the department heads on Wednesday, October 25th with design revisions.  The next full building committee meeting is scheduled for Wednesday, November 1st at 6:00 p.m. 

 

Senior Citizens:  Councilwoman Betty Koval reported that the Quaker Springs Senior Citizens held their regular meeting on October 9th.  At the November meeting Pat Peck will speak regarding hostel programs for senior citizens. 

Schuylerville seniors met on September 13th for a picnic meeting at the Fish Creek Rod & Gun Club.  At the September 26th regular meeting at the American Legion, 74 seniors attended.  Supervisor Thomas Wood spoke to the group updating them on the town hall building project.  On October 10th they met with 73 attending.  Town Justices Jack Ditch and Dave Mathis discussed the workings of town court and how community service is used as sentences for some non- violent offenders.  On October 24th, Gary Blodgett will entertain playing musical instruments.  She added that future events planned are as follows:  October 25th – a trip to Proctor’s Theater for a concert, October 26th – a day trip to the Catskills, November 14th – Veteran’s Dinner, and December 14th – Christmas Party. 

 

Park Committee: Water samples from the Quaker Springs Mineral Spring were taken to the Queensbury Water Lab for quality testing.  The samples did not pass.  The pump is broken and the board will check with Highway Superintendent Dave Hall to see about installing a gate, for now.

 

Zoning Amendment Advisory Committee (ZAAC): No report.

 

Committee to Honor Volunteer Firefighters & Emergency Medical Service Workers:  No report.

 

GSES, QSFD, SLPID/SLA Reports: 

Quaker Springs Fire Department:  Stephen Bodnar reported that they responded to 6 alarms in September. He stated that volunteers have finished fire school and a dinner to honor the 19 who graduated is planned.  They are doing Fire Prevention presentations at the Schuylerville Central School.  He added that they have signed the contract with S.D. Atelier for the Rt. 9P substation design.  He noted that their fall smorgasbord is planned for October 22nd from 12 to 3 p.m. at the firehouse.

 

General Schuyler Emergency Squad: Captain Sherry Doubleday reported that the building project is coming along slowly.  They are filling out loan applications.  There is a Steering Committee for the Capital Campaign.  They hope to break ground in the spring.  She noted that several letters of support have been received. She added that volunteers are needed.

 

Old business: None

 

New business:

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #06-102 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-102 – Screened Winter Sand Bid Acceptance

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 05-06, and Tracy Materials, Inc. was the lowest bidder for the screened Winter Sand; therefore, be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from Tracy Materials, 301 Windy Hill Road, Greenwich, NY 12834 of $6 per ton for screened Winter Sand providing the specifications in TS 05-06 are met.     

 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #06-104 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-104 - #2 Fuel Oil Bid Acceptance

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 04-06, and Main Brothers Oil Co., Inc., was the low bidder at $1.7689 /gal., with a $0.26 /gal. differential; therefore be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from Main Brothers Oil Co., Inc., 1 Booth Lane, Albany, NY 12211, for $1.7689/gal., with a $ 0.26/gal. differential for #2 Fuel Oil, providing the specifications in TS 04-06 are met.     

 

On a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following Resolution #06-105 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

 

 

Resolution #06-105 – Low Sulfur Diesel Fuel Bid Acceptance

WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for Low Sulfur Diesel Fuel per Specification TS 04-06, and Main Brothers Oil Co., Inc., 1 Booth Lane, Albany, NY 12211, was the low bidder at $1.9015/gal.with a $0.28/gal. differential; therefore be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from                                 Main Brothers Oil Co., Inc., 1 Booth Lane, Albany, NY 12211, for $1.9015/gal.with a $0.28 /gal. differential for Low Sulfur Diesel Fuel, providing the specifications in TS 04-06 are met.     

 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #06-106 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-106 –2007 Single Axle Cab and Chassis Acceptance

WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for a 2007 Single Axle Cab and Chassis, Specification TOS 06-06, and Tracey Road Equipment, 115 Railroad Avenue Ext., Albany, NY 12205-0306 was the low bidder at $95,702; therefore, be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from Tracey Road Equipment, 115 Railroad Avenue Ext., Albany, NY 12205-0306, for $95,702 for a 2007 Single Axle Cab & Chassis, providing the specifications in TOS 06-06 are met.  

 

On a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following Resolution #06-103 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-103 –Snowplow & Sander Bid

WHEREAS, the Town Board of the Town of Saratoga received bids via solicitation of bids by public advertising for a snowplow and sander per Specification TS 06-06, and                 Arrowhead Equipment, Inc. was the lowest bidder; therefore, be it

RESOLVED by the Town Board of the Town of Saratoga to accept the bid from                   Arrowhead Equipment, Inc., 106 Luzerne Road, Queensbury, NY 12804 of $57,916 for a snowplow and sander providing the specifications in TS 06-06 are met.     

 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #06-108 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-108 - Adopting Local Law #7 – Adult Use Business Regulation

WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and has determined that the Amendment to the Zoning Ordinance will not have a significant effect on the environment; and

WHEREAS, the Town Board of the Town of Saratoga has determined that the following Adult Use Business Regulations are necessary, therefore be it,

RESOLVED by the Town Board of the Town of Saratoga to adopt Local Law #7 of 2006 as follows:

 

 

 

Local Law Filing                                                                                     NEW YORK STATE DEPARTMENT OF STATE 

                                                                                                                                                              41 STATE STREET, ALBANY, NY 12231

 (Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

               Town of                                               Saratoga                                                           

 

               Local Law No.                                7                              of the year 2006

 

A local law   regulating adult use businesses in the Town of Saratoga                                                                               

                                                      

 

Be it enacted by the                         Town Board                                          of the

                                                     (Name of Legislative Body)

 

               Town of                                                 Saratoga                                                                   as follows:  

SECTION 1: Title

                This local law shall be known as the Adult Use Business Regulations Law of the Town of Saratoga.

SECTION 2: Findings

 

                Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as prepared by the Town of Lindley, New York, which study is hereby adopted by the Town of Saratoga, and as documented in accordance with the ruling of the U. S. Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc. (475 US 41 (1986), The Town of Saratoga finds that:

 

1)       There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community;

2)       Among these adverse secondary impacts are deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to health and safety of children and young adults and an undermining of the established sense of community;

3) These adverse secondary impacts of the establishment and operation of adult-oriented businesses are   a threat to the general health, safety and economic viability of the community; 

4) The unregulated establishment and operation of adult-oriented businesses would lead to the wide-spread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the Town would therefore be detrimental to the general health, safety and economic viability of the community;

5) The U.S. Constitution, and the Constitution and laws of the State of New York grant to the Town of Saratoga the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.

SECTION 3: Statement of Intent

1) It is the express intent of the Town of Saratoga in adopting this ordinance to:

a) Ameliorate, mitigate, reduce or prevent the wide-spread and unregulated imposition of the adverse secondary impacts of adult- oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community;

b) To protect the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.

2) It is not the intent of the Town of Saratoga in adopting this ordinance to:

a) Deny any person the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or

b) To impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or

c) To impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression;  or

d) To estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the U. S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.

 

Aware that, according to numerous decisions by both Federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the Town for adult use businesses, the Town of Saratoga hereby adopts the following amendment to its Town Zoning Law.

SECTION 4: Definitions:

For the purposes of this town law, an adult use business shall be defined as any business which:

i) is the use of land, structures or location for an adult entertainment business or as an "adult physical contact establishment” as herein defined; and .

ii) is any use of land, structure or location which, by the provisions of the New York Penal Law or other New York law,  is required to restrict the access thereto by minors; and

iii) which is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and

iv) which is a location, building or structure used for presenting, lending or selling motion picture films, video cassettes, cable television or any other such visual media, or used for presenting, lending or selling books; magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below.

v) Adult Use Businesses

Adult use businesses, including adult book stores, adult video stores, adult motion picture theaters, adult mini- motion picture theaters, adult cabarets, and adult drive-in theaters shall be defined as follows:

1) An adult book store is defined as an establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below.

2) An adult video store is defined as an establishment having as a substantial or significant portion of its stock in trade video films, video cassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below.

3) An adult motion picture theater is defined as a building with a capacity of fifty (50) persons or more used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein;

4) An adult mini-motion picture theater is defined as an enclosed building with a capacity of less that fifty (50) persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical area' s as defined below for the observation of patrons therein;

5) An adult cabaret is defined as an establishment which features live go-go dancers, exotic dancers, strippers; male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity;

6) An adult drive-in theater is a drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein;

7) An adult physical contact establishment is defined as any establishment, which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section;

Specified sexual activities

1)                   human genitals in a state of sexual stimulation or arousal; or

2)                   acts of human masturbation, sexual intercourse or sodomy; or

3)                   fondling or other erotic touching of human genitals, pubic

regions, buttocks or female breast.

Specified anatomical areas

 

1) less than completely and opaquely covered human genitals: pubic region, buttock and female breast below a point immediately above the top of the areola; or

2) human male genitals in a discernable turgid state, even if completely or opaquely covered;

 

SECTION 5: Adult Use Businesses – Rural Zoning District.

                Adult use businesses may be located only in the Rural Zoning District upon issuance of a special permit.  The area requirements for an adult use business shall be as follows:

                USES REQUIRING SPECIAL PERMIT

               

 

MIN.

LOT AREA

(SF)

MIN. LOT

WIDTH

(FT)

MIN. FRONTAGE

 

(FT)

FRONT

 

 

(FT)

TOTAL

2

SIDES

(FT)

ONE

SIDE

YARD

(FT)

REAR

YARD

 

(FT)

MAX. LOT

COVERAGE

OF BLDGS.

(%)

Adult Use Business

5 acres

300

300

75

150

50

75

10

 

SECTION 6. Adult Use Businesses -locational requirements

A. No adult use business shall be established within one thousand (1,000) feet of any of the following:

1. public or private school

2. church or other house of worship

3. licensed day care center, nursery school or preschool

4. public library

5. public park, playground or forest preserve

6. public recreation or community center

7. senior center

8. a fire station or ambulance/emergency response facility

9. cemetery

B. No adult use business shall be established within one thousand (1,000) feet of any residential dwelling, or within one thousand (1,000) feet of any other adult use business.

C. Any private booths or areas within such Adult Use Businesses, either for the viewing of motion pictures or live performances, shall be subject to

the following requirements: 

 

i.) any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common areas of the establishment and that there not be any doors, curtains, blinds or other structures or devices that shall obstruct observation of the viewing areas from the common area of the establishment;

ii.) that such private viewing areas be well lighted and readily accessible at all times and shall continuously be open to view;

iii.) Lighting throughout the adult establishment shall be sufficient to illuminate every area which patrons are permitted access.

D. All Adult Use Business shall be conducted in an enclosed building. It shall be a violation to display or exhibited in the open air (outside of the establishment), through a window, or by means of a depiction or decoration, or to allow to be displayed or exhibited, any Specified Anatomical Areas or Specified Sexual Activities.

E.  The exterior appearance of any building containing an adult use business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.

F.       Adult use businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:

1) Signs which are illuminated in neon or which contain flashing lights shall be prohibited.

2) Exterior signs, displays or other advertisements which contain nude, semi-nude or provocative pictures or silhouettes shall be prohibited.

3) Interior signs, displays, posters or other advertisements which

       contain nude, semi-nude or provocative pictures shall be located a

     minimum of six (6) feet from any window or door, and shall not be visible from the exterior of the establishment.

4) Permanent and/or temporary window and door signs shall not occupy more than twenty (20%) of each window or door.

G.       Adult use businesses shall be required to meet all zoning and construction standards and requirements of the laws of the Town of Saratoga including, but not limited to, lot and bulk regulations, parking requirements, signage, facade and screening regulations.

SECTION 7: Application Procedure

An application for an adult use business shall be considered an application for a special use permit and the procedures shall be the same as set forth in Article VIII of the Town of Saratoga Zoning Ordinance. The application fee shall be One Thousand Dollars ($1,000.). All requirements of this local law shall apply to such applications.  Special use permits for adult use businesses shall be effective for a period of one year only and must be annually renewed upon application to the Town of Saratoga Planning Board. 

                               

SECTION 8: Violations

 

The violation of this local law shall be a Class A Misdemeanor. In addition, any person violating this local law shall be liable to a civil penalty of One Thousand Dollars ($1,000.00) to be recovered by the Town in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this local law. The Town may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to refrain the violation of this local law. The use of any remedy shall not prevent the use of any other remedy hereafter.

 

SECTION 9: Severability

Should any section or provision of this article be declared to be unconstitutional or invalid by the courts, such decision shall not effect the validity of the balance of this article.

SECTION 10: Effective date.

This local law shall take effect upon the filing thereof in the office of the Secretary of State of the State of New York but shall take effect immediately upon a person personally served a copy after its adoption.

 

Supervisor Thomas Wood explained that Saratoga County is coordinating the National Incident Management System (NIMS) with the towns in the county which would provide a consistent standardized nationwide system of responding to domestic incidents. All towns are requested to adopt the system as the first step and then a committee will be established to further develop the plan at the local level. 

On a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following Resolution #06-109 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-109 - Emergency Management Plan – NIMS

It is hereby resolved by the Town of Saratoga, State of New York that:
WHEREAS, In Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
NOW THEREFORE, Pursuant to the authority vested in the Saratoga Town Board by article 2B of State Law we do hereby mandate the National Incident Management System be utilized for all incident management in the Town of Saratoga.
 
Supervisor Thomas Wood explained that an easement is needed from the Town of Saratoga at the Chestnut Street alleyway in order for residents to connect to the Village’s sewer system. 

On a motion by Councilman Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #06-113 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-113 - Chestnut Street Easements

WHEREAS, a certain parcel of property approximately 20 feet in width north of University Street, and east of Chestnut Street in the Town of Saratoga, designated as Tax Map No. 157.62, is identified on said Saratoga County Tax Map as being reputedly owned by the Town of Saratoga, and

WHEREAS, residents of the Town of Saratoga, to wit: Shawna Swinimer (Swinimer), and Stephen Alling, Jr. and Maura Alling (Alling) own property bordering the aforesaid parcel on the west, and

WHEREAS, Swinimer and Alling desire to place an underground sewer line within the aforesaid property reputedly owned by the Town, and

WHEREAS, the granting of an easement and the placement of sewer lines will not interfere with any present or anticipated use of the property by the Town of Saratoga, it is now therefore

RESOLVED, that Thomas N. Wood, III, Supervisor of the Town of Saratoga, is authorized to execute a grant of underground sewer line easements to Swinimer and Alling, subject to approval of the Town Attorney as to the form thereof, and it is further,

RESOLVED, that the said Swinimer and Alling shall be responsible for payment of all costs associated with the preparation and recording of said sewer line easements.

 

On a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following Resolution #06-110 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-110 – SEQR Application for Town Hall Feasibility Study

WHEREAS, the Town Board of the Town of Saratoga recognizes the need for professional services for the SEQR application for the Saratoga Town Hall feasibility study, and

WHEREAS, the professional service will be provided by CLA SITE Landscape Architecture, Engineering & Planning, P.C. (CLA SITE), now therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment to CLA SITE Landscape Architecture, Engineering & Planning, P.C. (CLA SITE), 157 Lake Avenue, Saratoga Springs, NY 12866 for services rendered in the amount of up to $2,500 from the Building Reserve Account # H 1620.4 following the 30 day requirement of Permissive Referendum rules and procedures. 

 

 

 

A motion was made by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan to pay for professional services for the Phase 1A Literature Review and Archeological Sensitivity Assessment up to $2,000 and a Phase 1B Archeological Field Reconnaissance for the proposed Ferry St. Town Hall Site Feasibility Study for up to $7,000.  Supervisor Thomas Wood asked for discussion and Councilman Charles Hanehan pointed out that it was his understanding that the smaller building at the Ferry Street site was not meeting the needs and that the larger building would be needed and that may affect the cost of the Phase 1B Archeological Field Reconnaissance study. It was decided to wait for a new cost for the Phase 1B Archeological Field Reconnaissance study. Councilwoman Betty Koval made a motion to withdraw the motion and Councilman Charles Hanehan seconded it.

 

On a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following Resolution #06-111 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-111 - Payment of Professional Services for a Phase IA Literature Review and Archeological Sensitivity Assessment up to $2,000 for the proposed Ferry St. Town Hall Site Feasibility Study

 

WHEREAS, the Town Board of the Town of Saratoga recognizes the need for professional services for a Phase IA Literature Review and Archeological Sensitivity Assessment for the proposed Ferry Street Town Hall site feasibility study, and

 WHEREAS, the professional services will be provided by Hartgen Archeological Associates, Inc., now therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment to Hartgen Archeological Associates, Inc., 524 Broadway, Albany, NY 12207, for a Phase IA Literature Review and Archeological Sensitivity Assessment in the amount of up to $2,000 from the Building Reserve Account # H 1620.4 following the 30 day requirement of Permissive Referendum rules and procedures. 

 

Supervisor Thomas Wood explained that when drafting the Comprehensive Plan for the Town of Saratoga in 2002, the need for parks and recreation areas was identified as an area of importance.  A reserve fund is needed for deposit and accumulation of park fees and budgeted reserves. 

On a motion by Councilwoman Betty Koval and seconded by Councilman Charles Hanehan the following Resolution #06-114 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

Resolution #06-114 – Establishment of a Capital Reserve Fund to Finance a Town Park

RESOLVED, that pursuant to section 6-c  [6-g] of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Town Park Reserve Fund” (hereinafter “Reserve Fund).  The purpose of this Reserve Fund is to accumulate moneys to finance the cost of a type of capital improvement.  The type of capital improvement to be financed from the Reserve Fund is the acquisition and construction of lands and facilities for a Town Park. 

The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by section 10 of the General Municipal Law.    The Town of Saratoga’s chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by section 11 of the General Municipal Law, and consistent with the investment policy of the Town of Saratoga.  Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund.  The chief fiscal officer shall account for the Reserve Fund in a manner, which maintains the separate identity of the cash investments of the Reserve Fund.

Except as otherwise provided by section 6-c [6-g] of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established.  No expenditure shall be made from this Reserve Fund without the approval of this governing board and without such additional actions or proceedings as may be required by section 6-c [6-g] of the General Municipal Law, including a permissive referendum if required by subdivision 4 of section 6-c [6-g].

 

Communications:

v     It was announced by Senator Joe Bruno that the Town of Saratoga has been awarded a Legislative Grant in the amount of $15,000 for a generator.

v     Saratoga County Public Health notification of  a Ruffled Grouse found on Cahill Road with West Nile Virus and a Blue Heron at the Saratoga National Park.

v     Notification was received by Saratoga County Attorney Mark Rider on Delinquent Tax Parcels in the Town of Saratoga.

 

Privilege of the floor:

Charlie Clark asked the board for permission for his Cub Scout Den to meet in the basement at the Town Hall twice a month.  The board will consider the request and notify Charlie Clark of their decision.

 

Sherry Doubleday, Captain (GSES) spoke regarding the NIMS program.  She reported the all the EMT’s at GSES are in compliance with the NIMS training requirements. 

 

Upcoming meetings:

v     Building committee – Wednesday, November 1, 2006 at 6:00 p.m.

v     Agenda meeting – Thursday, November 2, 2006 at 7:00 p.m.

v     Regular town board meeting – Thursday, November 9, 2006 at 7:00 p.m. (Due to Election Day)

 

Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman Fred Drumm the following Resolution #06-110 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin – absent.  Carried 3 – 0.

 

 

 

Resolution #06-110 -Approving the payment of bills on Abstract 10G dated 10/11/2006 as follows:  General A $56,634.81, General B $634.28, Highway Outside $28,347.16, Building Reserve $7,025 and Youth $1,366.16 for a total expense of $94,007.41.

 

A motion to adjourn at 8:50 p.m. was made by Councilwoman Betty Koval  

and seconded by Councilman Charles Hanehan.   Supervisor Thomas Wood – aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan - aye, Councilwoman Betty Koval – aye, and Councilman Michael McLoughlin - absent.  Carried 3 – 0.

 

 

Respectfully Submitted,

 

 

 

Ruth Drumm, Town Clerk

 

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