TOWN BOARD OF THE TOWN OF SARATOGA
SPECIAL YEAR-END AUDIT MEETING MINUTES
12 SPRING ST,
Monday,
December 30, 2020
11:00 a.m.
Supervisor
Thomas Wood opened the meeting at 11:00 a.m.
Roll call: Town
Clerk Linda McCabe, called the roll: Supervisor Thomas Wood - present,
Councilman Michael McLoughlin – present, Councilman James Jennings – present,
Councilman Gary Squires – present, Councilwoman Ruth Drumm - present.
Also present: Town Attorney William Reynolds, Highway Superintend Don Ormsby, Paul Goetz, Bookkeeper
Pat Temple, Payroll Clerk Jenny McReynolds, Michelle Battle and Ethan Bain.
Recognitions/Presentations/ Bid openings/ Public Hearings: None
Public
Comments on Agenda Items: None
Old Business: None
New
business:
Annual Audit: Paul Goetz, BST, reviewed
the draft annual audit of the Town with the Board. He stated at the end of 2019 the Town was
strong in all fund balances and in a good, strong financial position going into
2020. He summarized statements of
expenditures, revenues and changes, saying the Town is in an adequate position
to weather the pandemic. He reviewed
postemployment benefits, the need to keep a constant inventory of the high
value items, mainly of the highway department.
Supervisor Thomas Wood stated they’ve begun the
inventory and that each year with insurance renewal, they work with the Highway
Superintendent and they’re doing good.
Bookkeeper Pat Temple questioned when they will receive the final audit,
adding that she will get the health numbers to him and Supervisor Thomas Wood
said he‘s waiting to receive court report from Paul
Goetz as well.
Paul Goetz, BST, thanked the Board.
Supervisor Thomas Wood then stated he had been
contacted by a couple of residents that have serious issues with their wells
due to a neighbor hydrofracking. He then
introduced Michelle Battle of 18 Eagles Way and Ethan Bain of 23 Eagles Way and
asked them to speak.
Michelle Battle stated that the property across from
her on Casey Rd. had a point, not a well, for years. Andy Sheeran, now owner of that property, may
be building there in future, but on December 12, 2020 he had Hanson Well company
on site drilling for water via hydrofracking.
Since that day her well is full of gray clay and unpotable. She showed the Board a container of the gray
water, which you couldn’t see through with all the sediment in it. She called the well company and was told to
run a hose for 7 – 8 hours and it should clear up. They ran it for 5 days and it was the
same. They have paid out of pocket over
$4500.00 trying to correct the damage that the hydrofracking has done to her
well. She then read 400-58.9 of the Town’s
zoning code book and said she is looking for help from the Town.
Town Attorney William Reynolds stated what she read
only pertained to a PUD on Brown Rd. and doesn’t apply Town wide.
She asked if amendments can be made so that will
apply for the entire Town, so no other residents have to go through this.
Supervisor Thomas Wood responded yes. He then asked Ethan Bain to speak.
Ethan Bain stated
that on that morning his water ran black through the faucets and toilets. The water was full of clay and the water
still is full of clay sediments. He
spoke with the drilling company and they told him they hold no responsibility. Homeowners insurance won’t cover any of this
damage and they’re in the same position as Michelle Battle. They’ve had no potable water since December
12th through the 25th.
Supervisor Thomas Wood asked if they’ve considered
hiring an attorney and taking them to civil court.
Ethan Bain
responded they’re looking into that, but unsure if they can financially take
that on.
Supervisor Thomas Wood said he spoke with Jason
Kemper of Saratoga County and as far as he knew, no town or city in NYS have
enacted a ban on hydrofracking.
Town Attorney William Reynolds stated they talked
about this in August, 2020 with the Town’s Engineer and Zoning Officer and he
was unable to find any information in the state against hydrofracking and it
could be problematic to ban it.
Supervisor Thomas Wood asked if there were any comments
from the Board. Councilman James Jennings questioned if anyone else was
affected and if this was done because they were cleaning out the old well or
drilling a new well.
Michelle Battle responded as far as she knew it’s
her home and Ethan’s and there was no old well, only a point. This was drilling for a new well.
Councilman James Jennings said he’s fine with there
being no hydrofracking in this Town, he doesn’t care about other towns. He’s in favor of a resolution banning hydrofracking
in the Town of Saratoga.
Councilman Gary Squires questioned if farmers frack
for water.
Supervisor Thomas Wood replied many times, more than
anyone knows. He added that he spoke
with Town Engineer Ken Martin and he did say there are other means one can use,
even with water without chemicals.
Councilman James Jennings stated he would be okay
with it, if the person hydrofracking is made to take full responsibility for
any damages to neighboring properties.
Ethan Bain said Andy Sheeran told him they drilled
down 500’ and found no water and that’s when they decided to hydrofrack.
Supervisor Thomas Wood questioned if he got water
from that and was told yes.
Michelle Battle said he’s within 175’ of her and
asked the Board if they can pass a law or regulation to protect surrounding
homeowners. She also said her well is at
a depth of 500’.
Ethan Bain stated his well is at 40’ and had no
issues until this hydrofracking took place and doesn’t feel they should have to
carry the expense of hiring an attorney and paying for all the repairs to have
potable water again. He doesn’t want to
hurt the farmers and there are laws that cover them, but this should not be. No one should be allowed to cause damage to
other’s property. The person who did
this damage should have to pay.
Supervisor Thomas Wood said he will have Attorney
William Reynolds look into this.
Michelle Battle said she will continue checking in with the Town on
this.
Supervisor Thomas Wood stated the annual inspection
of the elevator has been completed and reviewed the inspection report with the
Board.
Supervisor Thomas Wood stated that he’s sad to say our
Tax Collector, Marge Kirkpatrick, has been very ill and for the immediate
future will not be back. He said that
Dorothy Lavazzo and Rose Decker will be trained by BAS to handle the tax
collection this year and a resolution for such to follow later in the meeting.
Supervisor Thomas Wood stated he spoke
with Emergency Management Officer Sherry Doubleday and she will work with a
group to build a list of names of elderly and shut-in residents that may need
support during storms. Supervisor Thomas
Wood added as the corona virus numbers continue rising at a rapid rate, we are remaining
under a state of emergency to protect employees and our residents.
On a motion by Councilwoman
Ruth Drumm, seconded by Councilman Gary Squires, the following Resolution #20-87 - Transfer of Funds -
$50,000 into Highway Equipment Reserve, was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman James
Jennings – aye, Councilman Gary Squires – aye, Councilwoman Ruth Drumm.
Carried 5 – 0
WHEREAS, Margaret Kirkpatrick, Tax Collector, is presently
under a temporary disability and unable to fully perform the duties of her
office, and
WHEREAS,
the Town is in need of immediate assistance for the collection of real property
taxes; now, therefore, be it
RESOLVED,
that Rose Decker and Dorothy Lavazzo be, and hereby are, appointed as part-time
Assistants to the Tax Collector, effective immediately, to serve as needed at
the direction and discretion of the Town Supervisor, at their normal rate of
pay.
On a motion by Councilwoman
Ruth Drumm, seconded by Councilman Gary Squires, the following Resolution #20-88 – Appointing Assistant
Tax Collectors to the Tax Collector, was adopted by vote: Supervisor Thomas
Wood - aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye,
Councilman Gary Squires – aye, Councilwoman Ruth Drumm.
Carried 5 – 0
WHEREAS,
there are un-appropriated funds
in the B account; now, therefore, be it
RESOLVED,
by the Town Board of the Town of
Saratoga, to transfer $50,000.00 from B account into Highway Equipment Reserve
account.
On a motion by Councilman Michael
McLoughlin, seconded by Councilman Gary Squires, the following Resolution #20-89 - Transfer of Funds - $50,000
into Park Reserve, was adopted by vote: Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary
Squires – aye, Councilwoman Ruth Drumm.
Carried 5 – 0
WHEREAS,
there are un-appropriated funds
in the B account; therefore, be it
RESOLVED, by
the Town Board of the Town of Saratoga, to transfer $50,000.00 from B account into
Park Reserve account.
On a motion by Councilwoman Ruth
Drumm, seconded by Councilman James Jennings, the following Resolution #20-90 - Transfer of Funds - $75,000 into Building Reserve,
was adopted by vote Supervisor Thomas Wood - aye, Councilman Michael McLoughlin
– aye, Councilman James Jennings – aye, Councilman Gary Squires – aye,
Councilwoman Ruth Drumm.
Carried 5 – 0
On a motion by Councilman Michael
McLoughlin, seconded by Councilman Gary Squires, the following Resolution #20-91 – Approving 2021 Town
Hall Building Lease Renewals, was adopted by vote Supervisor Thomas Wood -
aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye
Councilman Gary Squires – aye, Councilwoman Ruth Drumm.
Carried 5 – 0
WHEREAS,
the Town of Saratoga has excess space in the Town Hall building, 12 Spring St.,
Schuylerville, NY, such space being previously leased to various private
persons and entities pursuant to written lease agreements, all of which expire
December 31, 2020, and
WHEREAS,
the Town of Saratoga wishes to renew and continue all said expiring leases for
the calendar year 2021, it is now, therefore,
RESOLVED, that the Town of Saratoga enter
into lease renewals with all existing tenants for one year, commencing January
1, 2021 upon the same terms and conditions, including rental rates.
On a motion by Councilman James
Jennings, seconded by Councilman Gary Squires, the following Resolution #20-92 - Fund Transfers was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin
– aye, Councilman James Jennings – absent, Councilman Gary Squires – aye,
Councilwoman Ruth Drumm.
Carried 5 – 0
RESOLVED,
by the Town Board of the Town of
Saratoga to transfer the following funds to cover accrued payroll for year’s
end:
On a motion by Councilwoman
Ruth Drumm, seconded by Councilman James Jennings, the following Resolution #20-93 - Approving the Payment
of Bills - Abstract 13G, with the removal of Voucher #931, was adopted by vote:
Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman
James Jennings – aye, Councilman Gary Squires – aye, Councilwoman Ruth Drumm.
Carried 5 - 0
RESOLVED,
by the Town Board of the Town of
Saratoga to authorize payment of the bills listed in Abstract 13G of 2019 in the following amounts:
General Fund DB No. 938 – 950 $ 19,358.49
General
Fund A No. 951 – 962 $ 10,926.14
General
Fund B No. 928 $ 4,000.00
Hudson
Hoosic No. 930 $ 606.01
CDBG No. 931, 932, 934 - 937 $ 47,767.27
Grand
Total $ 82,657.91
Communications:
Privilege of
the floor: No one spoke.
Upcoming
Meetings:
v Remote Regular Town Board Zoom
meeting (Organizational Meeting) – Monday, January 11, 2021 at 6:00 p.m.
A motion to Enter into
Executive Session due to personnel issues and possible litigation, was made by
Councilman Gary Squires, seconded by Councilman James Jennings, at 12:44 p.m. Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye, Councilwoman Ruth
Drumm.
Carried 5 – 0
A motion to Exit
Executive Session was made by Councilman Michael McLoughlin and seconded by Councilwoman Ruth Drumm, at 1:10
p.m. No
Board action was taken. Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin – aye, Councilman
James Jennings – absent,
Councilman Gary Squires – aye, Councilwoman Ruth Drumm.
Carried 5 – 0
A motion to adjourn was made by Councilman Michael
McLoughlin and seconded by Councilman Gary Squires, at 1:11 p.m. Supervisor
Thomas Wood – aye, Councilman Michael McLoughlin – aye, Councilman James
Jennings – aye, Councilman Gary Squires – aye, Councilwoman Ruth Drumm.
Carried 5 - 0
Respectfully submitted,
Linda A. McCabe
Town Clerk