ORGANIZATIONAL MEETING OF THE TOWN BOARD
OF THE TOWN OF
SARATOGA, 12 SPRING ST.,
January 11, 2016
7:00 P.M.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:00 p.m.
Roll call: Linda McCabe, Town Clerk,
called the roll. Supervisor Thomas Wood-
present, Councilman Michael McLoughlin absent, Councilman
Charles Hanehan- present, Councilman James Jennings
present, Councilman Gary Squires - present
Also present: Deputy Town Clerk Michelle Conover, Town Attorney William Reynolds, Zoning Officer Gil Albert, Highway Superintendent Don Ormsby Jr., Wendy Lukas, Ian Murray, Randall Odell, Lauren Kirkwood, Jean Seiler, Maribeth Macica, Marjorie McShane, Sergei Nirenburg, Hubert Miller and Thomas Yannios.
Recognitions/Presentations/ Bid openings/ Public Hearings:
Public Hearing: Supervisor Thomas Wood explained that the
Town applied for and received a sizeable CDBG Grant for the purposes of helping
residents rehabilitate their homes and, if needed, for the replacement of
mobile homes. The grant was in the
amount of $400,000.00 for 12 units which are comprised of single family homes
to be rehabilitated and/or mobile home replacement. To date 8 projects are complete, 4 are in
progress and 3 are on the waitlist.
There is $40,913.00 remaining of
that grant money and continuing at the current pace, the CDBG program will
exceed all of the milestones that were projected. The public hearing is a requirement of the
grant to give the public opportunity to voice any comments and or concerns they
have.
Proof
of Advertising having been provided,
Supervisor Thomas Wood opened the Public Hearing for the CDBG Grant at 7:07 p.m.,
asking those wishing to speak to please state their name and address; no one
spoke.
A motion was made by
Supervisor Thomas Wood and seconded by Councilman Charles Hanehan
to close the public hearing at 7:08 p.m.
Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin
absent, Councilman Charles Hanehan aye, Councilman
James Jennings aye, Councilman Gary Squires - aye.
Carried 4 0.
Supervisor
Thomas Wood stated that prior to an adoption of a proposed town law, the Town
Board must designate a Lead Agency for the purpose of conducting a state
environmental quality review (SEQR) of the proposed action and determine that
the action to enact an amendment of the Zoning Ordinance of the Town of
Saratoga will have no significant effect on the environment. Lead Agency and SEQR review was conducted at
the regular agenda meeting of the Town Board of the Town of Saratoga on January
7, 2016 for proposed Local Law #1 and Local Law #2 of 2016. (Resolutions #16-31, #16-32, #16-34 and
#16-35 are on file in the Clerks office)
Supervisor
Thomas Wood then stated due to conversations with Town Attorney William
Reynolds, amendments to the proposed Local Law 1 have been made. Proposed Local Law #1 of 2016 will read as
follows:
The
inside or outside parking, cleaning, maintenance or storage of commercial
vehicles or of construction related equipment, other than a commercial pickup
truck or a compact tractor, and the outside storage of construction materials
on premises in the Rural District II and Lake Residential zoning districts is
prohibited, except during the active loading or unloading of merchandize, the
active performance of a commercial service for the premises, or in conjunction
with a permitted construction project.
A motion to amend proposed
Local Law #1 of 2016 was made by Supervisor Thomas Wood and seconded by
Councilman Charles Hanehan. Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires - aye.
Carried 4 0.
Proof
of Advertising having been provided, Supervisor
Thomas Wood opened the Public Hearing at 7:13 p.m. for Local Law #1 of 2016
Additional Regulations for Rural District II and Lake Residential District, asking
those wishing to speak to please state their name and address. (A copy of Local Law # 1 is attached
to Resolution #16-33 which will be voted on under New Business.)
Hubert Miller, 97 Brown Rd., stated his concerns with
the verbiage and enforcement of town laws.
Randy Odell, 99 Brown Rd., stated hed like to see
the Zoning Officer given authority to drive on-site and inspect properties when
he notices something amiss without having to get the owners permission. He would like to see many of the loopholes
closed in the town laws and for the town to stop issuing 6 month building permit
extensions. If an extension to a permit
is given, then be sure that the project it is given for is completed within
that extended permit period with no further extensions. People use it to just keep from having to
complete their projects. He then thanked
Zoning Office Gil Albert and the Town Board for all their work trying to
resolve the issues they are facing on Brown Rd.
Marjorie McShane,
34 Hill Rd.
questioned why there has been no enforcement with these issues.
Supervisor Thomas Wood responded that enforcement
has been ongoing and the Town Board is working on strengthening its legal
aspect with the passing of the two local laws before them tonight.
Thomas Yannios,
43 Hill Rd., stated
the residents of their neighborhood appreciate all the Board and Zoning Officer
Gil Albert have done in resolving their issues.
Supervisor
Thomas Wood asked if there was further input, seeing none, Supervisor Thomas Wood made a motion, seconded by Councilman Charles Hanehan, to close the Public Hearing at 7:31 p.m. Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires - aye.
Carried 4 0.
Proof
of Advertising having been provided,
Supervisor Thomas Wood opened the Public Hearing at 7:33 p.m. for Local Law #2
of 2016- Increased Penalties for Zoning Violations, asking those wishing to
speak to please state their name and address. (A copy of Local Law # 2 is attached to
Resolution #16-36 which will be voted on under New Business.)
Randall Odell, 99 Brown Rd.,
stated he
believes the fines are still too low, especially for a businessman, and would
prefer to send the violator to jail. He
asked if it is customary that a local justice will send a violator to jail.
Supervisor Thomas Wood responded that the Towns
Justices will increase penalties as a first step.
Hubert Miller, 34 Hill Rd., the increased fines may be
enough; he believes it is more about inspections and enforcement.
Supervisor
Thomas Wood asked if there was further input, seeing none, Supervisor Thomas Wood made a motion, seconded by Councilman James
Jennings to close the public hearing at 7:42 pm. Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin
absent, Councilman Charles Hanehan aye, Councilman
James Jennings aye, Councilman Gary Squires - aye.
Carried 4 0.
On a motion by Supervisor
Thomas Wood and seconded by Councilman Charles Hanehan the following Resolutions #16-01 through 16-25 - Organizational
Appointments were adopted by vote: Supervisor Thomas Wood - aye,
Councilman Michael McLoughlin absent, Councilman
Charles Hanehan aye, Councilman James Jennings
aye, Councilman Gary Squires - aye.
Carried 4 0.
Resolution #16-01, setting the Rules of the Board:
WHEREAS, §63 of the Town Law provides that the Town Board may
determine the rules of its procedures; now, therefore be it
RESOLVED, that
the following Rules of Order be and the same are hereby adopted pursuant to §63
of the Town Law:
RULES OF ORDER OF THE TOWN BOARD OF THE TOWN OF
SARATOGA:
Report,
Assessors Report, Highway Superintendents Report, Supervisors Report, Public
comments on agenda items, Committee Reports, Old Business, New Business,
Communications, Privilege of the Floor, Auditing Bills, Establishment of the
Next Regular Meeting, Adjournment.
v Resolution # 16-02 - setting the meeting time and place for the agenda meeting as the Thursday preceding the regular Town Board meeting, which is set as the 2nd Monday of the month, at 7:00 p.m. at the Town Hall, 12 Spring Street, Schuylerville.
v Resolution # 16-03 - designating the Glens Falls National Bank & Trust Company as the official bank depository.
v Resolution # 16-04 - designating The Saratogian as the official newspaper for the Town.
v Resolution # 16-05 - authorizing the Supervisor to invest idle cash balances.
v Resolution # 16-06 - authorizing the Supervisor to submit claims for state aid for youth recreation programs.
v Resolution # 16-07 - authorizing the Supervisor to execute & pay contracts & annual appropriations as provided in the budget.
v Resolution # 16-08 - approving the salaries & highway scale of wages and additional
benefits as set forth in the 2016 budget.
v Resolution # 16-09 - appointing the Supervisor as health insurance administrator.
v Resolution # 16-10 - authorizing the Supervisor to pay bills of utility, fuel, gas, oil, credit card & any discounted bills without prior audit and providing that bills are presented at first available meeting for audit.
v Resolution # 16-11 - authorizing the Highway Superintendent to spend/purchase up to $3,000 without prior notice to town board.
v Resolution # 16-12 - setting the mileage rate for actual town business at .54 cents per mile.
v Resolution # 16-13 - setting the election inspector rates at $100 and machine custodians at $75 per machine for Special Elections.
v Resolution # 16-14 - appointing Ed Cross as Dog Control Officer.
v Resolution # 16-15 - appointing William Reynolds as the Attorney for the town.
v Resolution # 16-16 - appointing the Building Inspector/Code Enforcement Officer as Gilman Albert.
v Resolution # 16-17 - appointing Gilman Albert as the Fire Code Officer.
v Resolution # 16-18 - appointing Linda McCabe as the Clerk to the Planning Board & Zoning Board of Appeals.
v Resolution # 16-19 - appointing Dr. Christopher Thomas as the Health Officer.
v Resolution # 16-20 - appointing Kenneth Martin as the Engineer for the town.
v Resolution # 16-21 - appointing Bernie Wood as Uniform Court Officer.
v Resolution # 16-22 - appointing Glen Decker as Uniform Court Officer.
v Resolution # 16-23 - appointing Susan Hughes as Clerk part-time.
v Resolution # 16-24 - appointing Dorothy Lavazzo as part-time Assessors Clerk.
v Resolution # 16-25 - Blanket Official Undertaking for Town Officers:
WHEREAS, certain Town Officers are
required to execute and file undertakings by reason of certain provisions of
the Town Law; and
WHEREAS, Public Officers Law §11 allows
for the substitution of a blanket undertaking for such individual undertakings;
and
WHEREAS, the Town of Saratoga has in
effect a blanket undertaking for all Town Officers required by law to execute
and file undertakings; and
WHEREAS, said blanket undertaking
provides coverage for the failure of said officers to faithfully perform their
duties or to account for all moneys or property received by them by virtue of
their positions, and for their fraudulent or dishonest acts; and
WHEREAS, Public Officers Law §11 requires
this Board to approve blanket undertaking as to form and sufficiency of
coverage; now, therefore be it
RESOLVED,
that the
Town Board hereby approves Crime Policy
106146652 issued by Selective Ins. Co. of New York and Public Officials
Liability Policy MPOTSARA001 with NYMIR to the Town of Saratoga as a
blanket undertaking for all Town Officers required to execute and file
undertakings including but not limited to the Supervisor, Town Clerk, Tax
Collector, Justices, and Superintendent of Highways; and be it further
RESOLVED, that the blanket undertaking
shall have $100,000.00 (One Hundred Thousand) coverage per employee with excess
indemnity on the Tax Collector in the amount of $1,000,000.00 (one million),
the Supervisor in the amount of $150,000.00 (One Hundred-Fifty Thousand) and
shall provide employee dishonesty coverage and faithful performance of duty
coverage for said officers as required by Public Officers Law § 11, with an
appropriate deductible established at the time of the purchase of the policy in
accordance with the usual practice of the Town; and be it further
RESOLVED, that a certified copy of this
Resolution be attached to said blanket undertaking and a copy thereof be filed
in the Office of the Town Clerk.
Planning Board 7 year terms appointed:
On a motion by Councilman James Jennings and seconded by Councilman Gary Squires the following Resolution #16-26, reappointing Robert McConnell as a Member to the Planning Board, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman Gary Squires - aye.
Carried 4 0.
WHEREAS, the term of Planning Board Member Robert McConnell has expired; therefore be it
RESOLVED, that the Town Board of the Town of Saratoga reappoints Robert McConnell for a seven year term as Member of the Planning Board from 01/01/2016 12/31/2022.
On a motion by Councilman Charles Hanehan and seconded by Councilman Gary Squires the following Resolution #16-27, reappointing Brandon Myers as a Member to the Planning Board, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman Gary Squires - aye.
Carried 4 0.
WHEREAS, the term of Planning Board Member Brandon Myers has expired; therefore be it
RESOLVED, that the Town Board of the Town of Saratoga reappoints Brandon Myers for a seven year term as Member of the Planning Board from 01/01/2016 12/31/2022.
On a motion by
Councilman James Jennings and seconded by Councilman Gary Squires the following Resolution #16-28, appointing George Olsen
as a Member to the Planning Board, was adopted by vote: Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires - aye.
Carried 4 0.
WHEREAS, the term of Planning Board Member Jennifer Koval has expired and she no longer wishes to be on said
Board; therefore be it
RESOLVED, that the Town Board of the Town of Saratoga
appoints George Olsen for a seven year term as Member of the Planning Board
from 01/01/2016 12/31/2022.
Supervisor Thomas Wood made the following annual
appointments:
v Insurance Committee: Supervisor Thomas Wood and Councilman Charles Hanehan
The following annual appointments were made
by elected officials and read by Supervisor Thomas Wood:
v Town Clerk Linda McCabe appoints Michelle Conover as Deputy Town Clerk.
v Town Justice Daniel Waldron and Town Justice Charles Sherman appoint Bonnie Williams and Jennifer
Johnston as part-time Court Clerks.
Approval of Minutes: A motion was made by Councilman James Jennings and seconded by
Councilman Charles Hanehan to accept the minutes of the December 29, 2015 meeting as written. Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires - aye.
Carried 4 0.
Town Clerks report for December 2015: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $43.00. Fees paid to New York D.E.C. for hunting and fishing licenses $394.71. Fees paid to the New York State Health Department for Marriage licenses $0. Dog license fees to Supervisor Thomas Wood $195.00. Clerk fees to Supervisor Thomas Wood $55.29. Total State and Local Revenues received were $688.00.
Zoning Officers report for December 2015: 9 Building Permits, 2 Building Permit Renewals, 16 Building Inspections, 6 Certificates of Occupancy, 0 Fire inspections, 0 Complaints, 0 Order to Remedy and 3 misc. appointments. A check for $1,325.00 was given to Supervisor Thomas Wood.
Dog Control officers report for December 2015: The report was read by Supervisor Thomas Wood: answered 11 complaints, took 1 dogs to the shelter, 2 bite cases, traveled 65 miles, issued 6 warnings and 0 summons were issued.
Town Court report for December 2015: The following were closed: 34 Vehicle & Traffic, 4 Criminal/Penal Law, 0 DEC/ENCON, 0 Dog case, 0 DWIs, 3 Town & Village Ordinance, 0 Small Claims/Civil, 4 Evictions, 1 Bench trials, 2 (case transfers) Divestiture Forms sent to County Court, 0 Defendants sentenced to probation, 0 hours of community service issued, 3 Orders of Protection issued, and $4,725.00 in fees were paid to the NY State Comptroller.
Tax Collectors report: Tax
Collector Marge Kirkpatrick reported that from January 4th through
January 5th, 2016, she collected $134,267.14 on 141 bills, which is 4%
of the bills. Tax Collector Marge
Kirkpatrick collects taxes in January on Monday, Wednesday and Fridays from 9:00
am to 4:00 pm and on the last Saturday of January from 8:30 am to noon. She added that the town offices will be
closed on January 18th, in honor of Martin Luther King Jr. Day.
Historians report:
The Town Historian
is obligated to inform the Supervisor, County Historian and State Historian the
condition of the Towns historical collection and local historical activities.
The annual report focuses on the offices efforts in research and writing, teaching
and public presentations, historic preservation, and organization, advocacy, and
tourism promotion. Full report will be filed with the minutes.
Assessors report: Victoria Hayner submitted the following for January 2016:
Exemption renewal
applications were sent in December and our office, for the month of January, is
open Monday Thursday from 9:00 AM 1:00 PM.
Sales continue to be
processed for the town. During the month
of December we saw 5 valid sales and 5 non-valid sales of which 8 were
residential sales and 2 were vacant land sales.
The Assessors office will be
reviewing open building permits during the next couple of months to determine %
complete for valuation purposes and updating pictures. The Assessor will be in the office on
Tuesdays and Wednesdays.
Highway
Superintendents report: December 2015
v
Addressing
Potholes
v
General Truck
Maintenance
v
Sign Replacements
on Ruckytuck Rd.
v
Chipper and
chainsaw maintenance
v
Trimming trees
and brush along Minnie Bennett, Hathaway & Russell Rds.
v
Removed 2 trees
with Salvadore on Chestnut St. & Fitch Rd.
v
Replaced tires on
pickup 2, tail lights on truck 6 and repairs on boom mower
v
Addressed 1 storm
v
Did repair work
on Victorys truck and small bucket tractor
Supervisors report:
Supervisor Thomas Wood reviewed the
2015 goals and set the potential 2016 goals with the Board:
Town of Saratoga 2016 Goals
Goal #1: Keep Town property taxes as low as
possible. We have previously and will continue to stay within the state
property tax cap.
Goal #2: Complete construction of the Salt Shed.
Goal #3: Complete highway union negotiations.
Goal #4: Complete the towpath from the Germain property to the Garnsey
property.
Goal #5: Obtain the deed from New York State for
the boat launch on NYS Rt. 4.
Goal #6: Assist with the Phase
I construction for the new Visitor Center on Ferry St.
Financial
report:
SUPERVISOR'S REPORT DECEMBER 2015
GENERAL FUND -
TOWNWIDE (A FUND)
Balance on Hand 12/1/2015 $819,850.32
DECEMBER Revenues 27,596.80
DECEMBER Disbursements (110,013.30)
Balance on Hand 12/31/2015 $737,433.82
GENERAL FUND -
OUTSIDE VILLAGE (B FUND)
Balance on Hand 12/1/2015 $1,366,995.32
DECEMBER Revenues 104,125.61
DECEMBER Disbursements (108,484.25)
Balance on Hand 12/31/2015 $1,362,636.68
HIGHWAY FUND -
OUTSIDE VILLAGE (DB FUND)
Balance on Hand 12/1/2015 $ 597,937.14
DECEMBER Revenues $
138,270.81
DECEMBER Disbursements (59,416.36)
Balance on Hand 12/31/2015 $ 676,791.59
SCHUYLER PARK
CAPITAL PROJECT DEC 31 151,540.21
YOUTH RECREATION
& SERVICE DEC 31 2,821.16
HIGHWAY EQUIPMENT
RESERVE DEC 31 102,978.10
BUILDING RESERVE
DEC 31 204,677.84
SCENIC BY WAYS
GRANT DEC 31 - QRTLY 310.97
PARKS RESERVE DEC 31
101,956.55
FIRE PROTECTION DEC
31
0.34
TRUST & AGENCY
DEC 31 (TA & CDPHP) 48,159.12
MOBILE HOME GRANT
DEC 31 10,881.26
HOME IMPROVEMENT
GRANT DEC 31 479.83
CDBG GRANT DEC 31 11.73
HISTORIC HUDSON HOOSICK RIVER DEC 31 192,871.87
PARTNERSHIP
v December 2015 Sales Tax Received - $101,703.00
v November 2015 Mortgage Tax- $15,708.00
Public comments on agenda items: Mary Beth Macica and Wendy Lukas addressed the Board.
Committee
reports:
Landfill: No report.
Insurance:
No report.
Youth: No report.
Senior Citizens: No report
Office of Emergency Management (OEM): No report
GSES,
QSFD Reports: No report
General
Schuyler Emergency Squad: No
report
Quaker
Springs Fire Department: Chief
Don Ormsby Jr. reported that there were 88 total
calls in 2015.
Old
business:
v Salt Shed Update: A Legal ad has been placed for RFPs and bid requests are on the Towns webpage. All bids are due no later than the close of business on February 3, 2016 and bids will be opened at the February 4, 2016 agenda meeting. Awarding of the bid will take place at the regular town board meeting on February 8, 2016. Project completion date is set for June 2016.
New business: On a motion
by Councilman Gary Squires and seconded by Councilman Charles Hanehan, the following Resolution
#16-29 Appointing Rawson Gamage to the Board of
Assessment Review (BAR) was adopted by vote: Supervisor Thomas Wood - aye,
Councilman Michael McLoughlin absent, Councilman
Charles Hanehan aye, Councilman James Jennings
aye, Councilman Gary Squires aye.
Carried 4 0.
WHEREAS, Anne Crandall has resigned her position on the Board
of Assessment Review (BAR) which will expire on September 30, 2018; therefore
be it
RESOLVED, that the Town Board of the Town of Saratoga hereby
appoints Rawson Gamage on 01/11/2016, to fulfill the
BAR 5-year term of Anne Crandall, beginning 10/01/2013 - 09/30/2018.
On a motion by Councilman James
Jennings and seconded by Councilman Charles Hanehan,
the following Resolution #16-30
Appointing Councilman Gary Squires as a member of the Schuyler Park Committee
was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin absent, Councilman Charles Hanehan
aye, Councilman James Jennings aye, Councilman Gary Squires aye.
Carried 4 0.
WHEREAS, the Town of Saratoga and the Town of Northumberland
have entered into a municipal cooperation agreement for the operation of
Schuyler Park; and
WHEREAS, the Schuyler Park Municipal Cooperation Agreement
requires the establishment of a six person committee; three of which are to be
residents of the Town of Saratoga and three of which are to be residents of the
Town of Northumberland; and
WHEREAS, the three year term of Councilman Fred Drumm is vacant; now therefore be it
RESOLVED, that Councilman Gary Squires be appointed to fulfill
the remaining three year term through May 11, 2018 on the Schuyler Park
Committee.
(Resolution #16-31, Designating Lead
Agency for the purpose of conducting an Environmental Review of a Proposed
Action, was voted on at the 01/07/2016 town board agenda meeting. Resolution #16-31 is on file in the Clerks
office)
On a motion by Councilman Charles
Hanehan and seconded by Councilman James Jennings the
following Resolution #16-32 SEQR
Negative Declaration Local Law #1 of 2016 Additional Regulations in Rural
District II and Lake Residential District was adopted by vote: Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires aye.
Carried 4 0.
WHEREAS, the Town Board of the Town of Saratoga, Saratoga
County, New York (the "Town") is considering enacting a certain
amendment to the Zoning Ordinance of the Town of Saratoga (the Action); and
WHEREAS, pursuant to Article 8
of the Environmental Conservation Law, Chapter 43-b of the Consolidated Laws of
New York, as amended (the "SEQR Act") and the regulations adopted
pursuant thereto by the Department of Environmental Conservation of the State
of New York ("DEC"), being 6 NYCRR Part 617, as amended (the
"Regulations"), the Town Board as lead agency desires to determine
whether this Action may have a significant effect on the environment and
therefore require the preparation of an environmental impact statement; and
WHEREAS, there has been
prepared a full environmental assessment form for the Project (the
"EAF"), a copy of which was previously reviewed by the Town Board and
a copy of which is on file in the office of the Town Clerk; and
WHEREAS, pursuant to the
Regulations, the Town has examined the EAF in order to make a determination as
to the potential environmental significance of Action; and
WHEREAS, the Action appears to
constitute a "Type I Action" (as defined by the Regulations);
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SARATOGA, SARATOGA COUNTY NEW YORK AS FOLLOWS:
1. Based on an examination of
the EAF and based further upon the Town's knowledge of the area and such
further investigation of the proposed zoning amendment and its 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 Action constitutes a "Type 1
Action" (as defined in the Regulations);
(c) No potentially significant effect on the
environment is noted in the EAF for this Action, and none are known to the Town;
(d) This Action will not have a significant
effect on the environment; and the Town will not require the preparation of an
environmental impact statement with respect to the Action; and
(e) As a
result of the foregoing, the Town has prepared a negative declaration with
respect to the Action.
2. The Town Clerk is hereby
directed to file a negative declaration with respect to the Action (said
negative declaration attached hereto); and a copy of the negative declaration
shall be maintained in the office of the Town Clerk in a file that will be
readily accessible to the public.
3. This resolution shall take effect
immediately.
The foregoing resolution was thereupon declared duly
adopted.
On a motion by Councilman Charles
Hanehan and seconded by Councilman Gary Squires, the
following Resolution #16-33 Adoption of
Local Law #1 of 2016 was adopted by vote: Supervisor Thomas Wood - aye,
Councilman Michael McLoughlin absent, Councilman
Charles Hanehan aye, Councilman James Jennings
aye, Councilman Gary Squires aye. Carried 4 0.
WHEREAS, the Town Board has recognized the need to amend the
Zoning
Ordinance pertaining to
additional regulations in the Rural District II and the Lake Residential
Districts; 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 #1 of 2016 Additional Regulations in Rural District II and Lake
Residential districts to our Zoning Ordinance.
(Local Law #1 of 2016 is attached.)
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. 1
of the year 2016
A local law amending the Zoning Ordinance of the
Town of Saratoga.__________________________________
Be it enacted by the Town Board
of the
(Name of Legislative Body)
Town of Saratoga as follows:
The Zoning
Ordinance of the Town of Saratoga is hereby amended in the following respects:
Section 1 Additional
Regulation in the Rural District II
and Lake Residential Zoning
Districts
A
new section 400-8.15 is added as follows:
The inside or outside
parking, cleaning, maintenance or storage of commercial vehicles or of
construction related equipment, other than a commercial pickup truck or a
compact tractor, and the outside storage of construction materials on premises
in the Rural District 2 and Lake Residential zoning districts is prohibited, except
during the active loading or unloading of merchandise, the active performance
of a commercial service for the premises, or in conjunction with a permitted
construction project.
Section 2 Effective Date
This
local law shall take effect immediately.
(Resolution
#16-34, Designating Lead Agency for the purpose of conducting an Environmental
Review of a Proposed Action, was voted on at the 01/07/2016 town board agenda
meeting. Resolution #16-34 is on file in
the Clerks office)
On a motion by Councilman
Charles Hanehan and seconded by Councilman James
Jennings the following Resolution #16-35
SEQR Negative Declaration Local Law #2 of 2016 Increased Penalties for
Zoning Violations was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin
absent, Councilman Charles Hanehan aye, Councilman
James Jennings aye, Councilman Gary Squires aye. Carried
4 0.
WHEREAS, the Town Board of the
Town of Saratoga, Saratoga County, New York (the "Town") is
considering enacting a certain amendment to the Zoning Ordinance of the Town of
Saratoga (the Action); and
WHEREAS, pursuant to Article 8
of the Environmental Conservation Law, Chapter 43-b of the Consolidated Laws of
New York, as amended (the "SEQR Act") and the regulations adopted
pursuant thereto by the Department of Environmental Conservation of the State
of New York ("DEC"), being 6 NYCRR Part 617, as amended (the
"Regulations"), the Town Board as lead agency desires to determine
whether this Action may have a significant effect on the environment and
therefore require the preparation of an environmental impact statement; and
WHEREAS, there has been
prepared a full environmental assessment form for the Project (the
"EAF"), a copy of which was previously reviewed by the Town Board and
a copy of which is on file in the office of the Town Clerk; and
WHEREAS, pursuant to the
Regulations, the Town has examined the EAF in order to make a determination as
to the potential environmental significance of Action; and
WHEREAS, the Action appears to
constitute a "Type I Action" (as defined by the Regulations);
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SARATOGA, SARATOGA COUNTY NEW YORK AS FOLLOWS:
1. Based on an examination of
the EAF and based further upon the Town's knowledge of the area and such
further investigation of the proposed zoning amendment and its 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
Action constitutes a "Type 1 Action" (as defined in the Regulations);
(c) No potentially significant effect on the
environment is noted in the EAF for this Action, and none are known to the
Town;
(d) This Action will not have a significant
effect on the environment; and the Town will not require the preparation of an
environmental impact statement with respect to the Action; and
(e) As a
result of the foregoing, the Town has prepared a negative declaration with
respect to the Action.
2. The Town Clerk is hereby directed to file a
negative declaration with respect to the Action (said negative declaration
attached hereto); and a copy of the negative declaration shall be maintained in
the office of the Town Clerk in a file that will be readily accessible to the
public.
3. This resolution shall take effect
immediately.
On a motion by Councilman James
Jennings and seconded by Councilman Gary Squires, the following Resolution #16-36 Adoption of Local Law #2
of 2016 was adopted by vote: Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires aye. Carried 4 0.
WHEREAS, the Town Board has recognized the need to amend the
Zoning
Ordinance pertaining to penalties for zoning
violations; 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 #2 of 2016 Zoning Amendments - Penalties for Zoning Violations
(Local Law #2 of 2016 is attached.)
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. 2
of the year 2016
A local law amending the Zoning Ordinance of the
Town of Saratoga.
Be it enacted by the Town Board
of the
(Name of Legislative Body)
Town of Saratoga as follows:
The Zoning
Ordinance of the Town of Saratoga is hereby amended in the following respects:
Section 1 Penalties for
Violation
Section
400-70 is amended to read as follows:
Any
person, firm or corporation who or which violates any provision of this chapter
shall be guilty of an offense, and upon conviction may be penalized by a fine
not exceeding three hundred fifty dollars or imprisonment for a period not to
exceed six months, or both, for conviction of a first offense; for conviction
of a second offense both of which were committed within a period of five years,
punishable by a fine not less than three hundred fifty dollars nor more than
seven hundred dollars, or imprisonment for a period not to exceed six
months, or both; and, upon conviction for a third or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine not less than seven hundred dollars nor more than one thousand
dollars or imprisonment for a period not to exceed six months, or both.
Each weeks continued violation shall constitute a separate additional offense.
In addition, the Town Board may also maintain an action or proceeding in the
name of the Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of this chapter.
Section 2 Effective Date
This
local law shall take effect immediately.
Supervisor Thomas Wood stated
that Resolution #16-37 is for supporting
the Purchasing of the Development Rights (PDR) of Wild Wood Farms, the Wood
Family Irrevocable Trust, Allen W. Wood IIs property. He stated that he and Councilman Charles Hanehan will recuse from voting
since they are both related to persons involved. He also explained that due to
the absence of Councilman Michael McLoughlin there was
no quorum for this resolution, so he tabled it.
Supervisor Thomas Wood then stated the Board will hold a special meeting
this week to vote on Resolution #16-37
since it is time sensitive.
On a motion by Councilman
Charles Hanehan and seconded by Councilman Gary
Squires the following Resolution #16-38
Fund Transfer - $$8,641.44 from A1220.1- Supervisor to A1410.1-Town Clerk was
adopted by vote: Supervisor Thomas
Wood - aye, Councilman Michael McLoughlin absent,
Councilman Charles Hanehan aye, Councilman James
Jennings aye, Councilman Gary Squires aye.
Carried 4 0.
RESOLVED,
by the Town Board of the Town of
Saratoga to transfer $8,641.44 from Supervisor A1220.1 to Town Clerk
A1410.1 for 2015 end of year expenses.
On a motion by Councilman James
Jennings and seconded by Councilman Gary Squires the following Resolution #16-39 Fund Transfer -
$2048.58 from A1620.2 - Buildings to A1620.4 - Buildings for additional 2015
expenses was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin
absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires aye. Carried 4 0.
RESOLVED,
by the Town Board of the Town of
Saratoga to transfer $2048.58 from Buildings-A1620.2 to Buildings A1620.4 for
2015 end of year expenses.
On a motion by Councilman Charles
Hanehan and seconded by Councilman Gary Squires the
following Resolution #16-40 Fund
Transfer - $1242.95 from A5132.2 - Garage to A5132.4 - Garage for additional
2015 expenses was adopted by vote:
Supervisor Thomas Wood - aye, Councilman Michael McLoughlin
absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires aye. Carried 4 0.
RESOLVED, by the Town Board of the Town of Saratoga
to transfer $1242.95 from Garage A5132.2 to Garage A5132.4, for additional 2015
end of year expenses.
On a motion by Councilman James
Jennings and seconded by Councilman Gary Squires the following Resolution #16-41 Fund Transfer - $124.20
from A5132.2 - Garage to A5182.4 - Street Lighting for additional 2015 expenses
was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin
absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman
Gary Squires aye. Carried 4 0.
RESOLVED, by
the Town Board of the Town of Saratoga to transfer $124.20 from Garage A5132.2 to
Street Lighting A5182.4, for additional 2015 end of year expenses.
Communications:
Privilege
of the floor: Wendy
Lukas and Thomas Yannios addressed the Board.
Upcoming
meetings:
v Agenda meeting Thursday,
February 4, 2016 at 7:00 p.m.
v Regular Town Board meeting
Monday, February 8, 2016 at 7:00 p.m.
Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman James Jennings the following Resolution #16-42 Approving the payment of bills in Abstract 14G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin absent, Councilman Charles Hanehan aye, Councilman James Jennings aye, Councilman Gary Squires aye.
Carried 4 0.
RESOLVED, by the Town Board of the Town of Saratoga that the bills be paid
on Abstract #14G (1/11/2016 for the remainder of 2015) in the following
amounts:
General Fund A Voucher
No. 466 through 479 $
8,072.48
General Fund B Voucher
No. 87 through 87 $ 190.38
Schuyler Park H Voucher
No. 40 through 40 $ 69.33
Highway DB Voucher
No. 258 through 261 $ 151.77
Grand Total $ 8,483.96
Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman James Jennings the
following Resolution #16-43 Approving the
payment of bills in Abstract 1G was adopted by vote: Supervisor Thomas Wood
- aye, Councilman Michael McLoughlin absent, Councilman
Charles Hanehan aye, Councilman James Jennings
aye, Councilman Gary Squires aye.
Carried 4 0.
RESOLVED, by the Town Board of
the Town of Saratoga that the bills be paid on Abstract #1G (1/11/2016) in the
following amounts:
General Fund A Voucher No. 1 through 9 $ 7,561.52
Highway DB Voucher
No. 1 through 4 $ 247.22
CDBG Voucher
No. 1 through 7 $
13,500.00
Home Improvement 21 Voucher No. 1 through 4 $
22,653.00
Grand
Total $ 43,961.74
A motion to adjourn at 9:37 p.m. was made by Councilman James Jennings and seconded by Councilman Charles Hanehan. Supervisor Thomas Wood aye, Councilman Michael McLoughlin absent, Councilman Charles Hanehan - aye, Councilman James Jennings aye, Councilman Gary Squires aye.
Carried 4 0.
Respectfully Submitted,
Linda McCabe
Town Clerk