TOWN OF SARATOGA TOWN BOARD
MINUTES OF THE ORGANIZATIONAL MEETING
12 SPRING ST., SCHUYLERVILLE, NY
January 14,
2019
7:00 P.M.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:00 p.m.
Roll call: Town Clerk, Linda McCabe, called
the roll: Supervisor Thomas Wood-
present, Councilman Michael McLoughlin – present, Councilman Charles Hanehan- present,
Councilman James Jennings – present, Councilman Gary Squires - present.
Also present: Town Attorney William Reynolds, Deputy Town Clerk Michelle Conover, Zoning Officer Gil Albert, Highway Superintendent Don Ormsby Jr., Sherry Doubleday, Terri Korb, Louis & Alicia Farone and Paul Murphy.
Recognitions/Presentations/ Bid openings/Public Hearings:
On a motion by Councilman
Charles Hanehan and seconded by Councilman Gary Squires, the following Resolutions #19-01-Setting
the Rules of the Board, was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles
Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye. Carried
5 – 0
Resolution #19-01 - 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,
Assessor’s Report, Highway Superintendent’s Report, Supervisor’s 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.
On a motion by Councilman
Michael McLoughlin and seconded by Councilman James Jennings, the following Resolutions #19-02 through
19-22 - Organizational Designations and Appointments, were adopted by vote:
Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman
Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires
- aye.
Carried 5 – 0
v Resolution #19-02 - 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 #19-03 - designating the Glens Falls National Bank & Trust Company as the official bank depository.
v Resolution #19-04 - designating The Saratogian as the official newspaper for the Town.
v Resolution #19-05 - authorizing the Supervisor to invest idle cash balances.
v Resolution #19-06 authorizing the Supervisor to submit claims for state aid for youth recreation programs.
v Resolution #19-07 - authorizing the Supervisor to execute & pay contracts & annual appropriations as provided in the budget.
v Resolution #19-08 - approving the salaries & highway scale of wages and additional
benefits as set forth in the 2019 budget.
v Resolution #19-09 - appointing the Supervisor as health insurance administrator.
v Resolution #19-10 - 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 #19-11 - authorizing the Highway Superintendent to spend/purchase up to $2,000 without prior notice to Town Board.
v Resolution #19-12 - setting the mileage rate for actual town business at .58 cents per mile.
v Resolution #19-13 - setting the election inspector rates at $100 and machine custodians at $75 per machine for Special Elections.
v Resolution #19-14 - appointing Ed Cross as Dog Control Officer.
v Resolution #19-15 - appointing William Reynolds as the Attorney for the Town.
v Resolution #19-16 - appointing the Building Inspector/Code Enforcement Officer as Gilman Albert.
v Resolution #19-17 - appointing Gilman Albert as the Fire Code Officer.
v Resolution #19-18 - appointing Linda McCabe as Registrar of Vital Statistics, Clerk to the Planning Board and Clerk to the Zoning Board of Appeals.
v Resolution #19-19 - appointing Dr. Christopher Thomas as the Health Officer.
v Resolution #19-20 - appointing Kenneth Martin as the Engineer for the Town.
v Resolution #19-21 - appointing Bernie Wood as Uniform Court Officer.
v Resolution #19-22 - appointing Dorothy Lavazzo as part-time Assessor’s Clerk.
On a motion by Councilman
James Jennings and seconded by Councilman Michael McLoughlin, the following Resolutions #19-23 - Blanket
Official Undertaking for Town Officers, was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles
Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried 5 – 0
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 and
Public Officials Liability Policy MPLTSARA001
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.
Supervisor Thomas Wood made the following annual
appointments:
v
Deputy Supervisor – Councilman Michael McLoughlin
v
Bookkeeper - Patricia Temple
v
Payroll Clerk - Jennie McReynolds
v
Town Historian - Sean Kelleher
v Insurance Committee: Supervisor Thomas Wood and Councilman Charles Hanehan
v Park
Committee: Supervisor Thomas Wood, Councilman Gary Squires,
Councilman James Jennings, Councilman Michael McLoughlin
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 and
Deputy Registrar of Vital Statistics.
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
Michael McLoughlin and seconded by Councilman Charles Hanehan to accept the minutes
of the December 27th, 2018, special year-end meeting as written. Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James
Jennings – aye, Councilman Gary Squires - aye.
Carried 5 - 0
Town Clerk’s report for December 2018: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $52.00. Fees paid to New York D.E.C. for hunting and fishing licenses $341.06. Fees paid to the New York State Health Department for Marriage licenses $22.50. Dog license fees to Supervisor Thomas Wood $225.00. Clerk fees to Supervisor Thomas Wood $169.69. Total State and Local Revenues received were $810.25.
Zoning Officer’s report for December 2018: 7 Building Permits, 12 Building Inspections, 0 Certificates of Occupancy, 0 Junkyard Permits, 0 Complaints, 0 Fire Inspections, 1 Order to Remedy, 0 misc. appointments, 2 Building Permit Renewals and 0 Property Maintenance Inspections. A check for $2,069.50 was given to Supervisor Thomas Wood.
Dog Control officer’s report for December 2018: The following report was read by Supervisor Thomas Wood: Ed Cross, Dog Control Officer answered 15 complaints, took 0 dogs to the shelter, 0 bite cases, traveled 25 miles, issued 11 warnings and 0 summons was issued.
Town Court report for December 2018: Supervisor Thomas Wood read the following report: Funds Collected - $4,865.00.
Tax Collector’s report for December 2018: Supervisor Thomas Wood read the following
report submitted by Tax Collector Marge
Kirkpatrick: Town tax bills were mailed out on December
28th to all town property owners.
As of January 8,
2019, 260 residents had paid their tax bills which brought the total amount collected
to $221,614.68. The Town is now accepting
credit cards for tax payments and she had two residents who paid with their
credit cards and appreciated the convenience of being able to pay with their
credit cards.
Please Note: The Tax Collector collects taxes in January on Monday,
Wednesday and Friday from 9:30 am to 3:00 pm.
Taxes may also be paid for by credit card or at the Glens Falls National
Bank in Schuylerville. (The office will be closed on Martin Luther King Jr. Day.)
Historian’s report for
December 2018: Supervisor Thomas Wood stated that
Historian Sean Kelleher submitted an annual report summarizing the 2018 monthly
reports he has previously submitted to the Town of his activities and
achievements; the multi-page summary report is on file in the Town Clerk’s
office.
Assessor’s report December 2018: Supervisor Thomas Wood read the following
report: The Assessor's office is busy
with processing agriculture, senior citizens, and enhanced STAR exemptions, as
well as non-profit applications.
In the month of December the
Assessor's office processed 6 residential sales in the Village of
Schuylerville, 13 residential sales in the Town of Saratoga, 3 vacant parcels
and 1 commercial property.
The Assessor's office is open:
Tuesdays - 3:00 p.m. - 8:00 p.m.
Wednesdays - 9:00 a.m. - 1:00 p.m.
Thursday - 9:00 a.m. - 1:00 p.m.
Highway
Superintendent’s report for December 2018:
v
Tree trimming in
the ditch lines
v
Clearing leaves
and debris from culverts and addressing potholes
v
Chainsaw
maintenance
v
Installed screens
on trucks
v
Feeder chain bearings
on truck 1 have been replaced
v
Boom truck issue
has been fixed
v
Strobe lights
repaired on truck 3
v
Oil and filter
changed on chipper
v
Clean and grease
the trucks
v
Replaced worn
door sweeps at garage man doors
v
Ran wire for new
security cameras and cell booster
v
Transferred 2-way
radio to new truck 4
v
Sent crew to 811
national grid safety seminar
v
Worked on brakes
for Victory's truck
v
Sanded for 6
storms and plowed for 1
Supervisor’s
report: Supervisor Thomas Wood reviewed the 2018 Goals set by the Board, stating
some of the goals had been accomplished and some not. Those
not accomplished will serve as the basis for some of the 2019 Goals. The proposed 2019 Goals were as follows:
1. Keep Town property taxes as low as possible,
closely monitor all Town expenditures and strive to have no additional
increases in the upcoming year.
2. Complete construction of
the new salt storage shed and finish Surrender March Trail.
3. Modify design, rebid and construct new boat
launch in the Hudson River on Rt. 4 and study for a possible canoe launch and
parking area on Fish Creek, near Bryant's Bridge.
4. Amend definitions in the
zoning ordinance to reflect recommendations of the newly adopted agriculture
and farmland protection plan.
5. Increase rental occupancy to 100%.
6. Appoint a new Town Emergency Action Plan
coordinator and update current plan.
Supervisor's
Report:
SUPERVISOR’S REPORT DECEMBER 2018
GENERAL FUND – TOWNWIDE (A FUND)
Balance on hand 12/1/2018 $ 979,528.66
Revenues + 72,664.04
Disbursements - 91,343.09
Balance 12/31/2018 $ 960,859.61
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
Balance on hand 12/1/2018 $1,857,039.42
Revenues +
118,129.28
Disbursements - 218,478.91
Balance 12/31/2018 $ 1,756,689.79
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
Balance on hand 12/1/2018 $ 826,116.31
Revenues + 154,985.34
Disbursements - 179,855.47
Balance 12/31/2018 $ 801,246.18
SCHUYLER PARK CAPITAL PROJECT 12/31/2018 $153,652.62
YOUTH RECREATION & SERVICE 12/31/2018 $ 7,122.89
HIGHWAY EQUIPMENT RESERVE 12/31/2018 $101,974.06
BUILDING RESERVE 12/31/2018 $ 292,429.56
SCENIC BY WAYS QRTRLY 12/31/2018 $ 311.45
PARKS RESERVE
12/31/2018 $ 226,956.55
TRUST
& AGENCY 12/31/2018 $ 54,787.32
HOME
IMPROVEMENT GRANT 2 12/31/2018 $ 30,776.78
(holding
checks until funds are deposited)
HISTORIC HUDSON HOOSICK RIVER 12/31/2018 $ 37,947.33
PARTNERSHIP
PROPERTY TAX CAP RESERVE 12/31/2018
$ 1,309.70
2018 Sales Tax Received - $113,931.00
November Mortgage Tax
Received -
$16,083.50
Public comments on agenda items: No one spoke.
Committee
reports:
Landfill: No report.
Insurance: No report.
Youth: No
report.
Senior Citizens: Councilman James Jennings reported the following: The Quaker Springs Sunshiners Seniors met on
December 10th with 26 members in attendance for their Christmas
luncheon meeting, with entertainment provided by Sue Beebe, who showed everyone
how to take care of Christmas flowers.
There will be no meetings during the months of January and February.
Marion A. DeHeer resigned as
president, effective January 1, 2019.
She thanks the Town Board for all they've done for the Seniors during
her tenure as president. She also noted
the new officers for 2019 are as follows:
President - Marion Craine
Vice President - Mary Jo Ball
Secretary - Virginia Cornell
Treasurer - Roberta Hewitt
Office of Emergency Management (OEM): Sherry
Doubleday thanked the Board for the opportunity that allowed her to serve as
the volunteer doing the job of emergency management for the Town of Saratoga
for many years. Supervisor Thomas Wood
thanked her for her service.
WEMS,
QSFD Reports: Supervisor Thomas Wood read the following: Nashua Alexander reported that Wilton EMS had
12 calls for the Town of Saratoga, 22 calls in the Village of Schuylerville and1
call in the Village of Victory.
Assistant Fire Chief Don Ormsby reported that
Quaker Springs Fire Department had a total of 98 calls for the year 2018. He added that Mike Booth was elected as a
Fire Commissioner and the Commissioner meetings are now being held at 6:00 p.m.
instead of 7:00 p.m.
Old
business: None.
New
business:
On a motion by Councilman Charles
Hanehan and seconded by Councilman Gary Squires, the following Resolution #19-24 - Approval
to Enter into a Contract for Fire Protection for the Village of Victory, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael
McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings –
aye, Councilman Gary Squires - aye.
Carried 5 – 0.
RESOLVED by the Town Board of the Town of Saratoga to
authorize entering into the fire protection contract with the Village of
Victory, for a term beginning January
1, 2019, through December 31, 2019 and will provide consideration to the
Village of Victory in the amount of $13,094.00.
The full agreement is on file in the office of the Town Clerk; and it is
further
RESOLVED,
that the form of such contract
shall be subject to prior review and approval by the Town Attorney.
On a motion by Councilman Gary Squires and seconded
by Councilman Michael McLoughlin, the following Resolution #19-25 - Approval
to enter into a contract for fire protection for the Village of Schuylerville, was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin –
aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman
Gary Squires - aye.
Carried
5 – 0.
RESOLVED, by the Town Board of the Town of Saratoga to
authorize entering into the fire protection contract with the Village of
Schuylerville, for a term beginning January
1, 2019, through December 31, 2019 and will provide consideration to the
Village of Schuylerville in the amount of $37,025.00. The full agreement is on file in the office
of the Town Clerk; and be it further
RESOLVED,
that the form of such contract
shall be subject to prior review and approval by the Town Attorney.
On a motion by Councilman Charles Hanehan and
seconded by Councilman James Jennings, the following Resolution #19-26 - Authorization
to enter into Senior Citizens' Contracts, was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles
Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried
5 – 0.
WHEREAS, the Town Board has determined that it is in the
public interest to offer support and recreational services to the elderly
residents of the Town; and
WHEREAS, the Old Saratoga Seniors and Quaker Springs Seniors
have offered to provide such services to senior citizens who are residents of
the Town; it is now therefore
RESOLVED, that the Supervisor is
authorized to sign contracts with Old Saratoga Seniors and Quaker Springs
Seniors to provide support and recreational services to senior citizen
residents of the town for the 2019 calendar year at a cost of $2,500.00 for
each contract; and it is further
RESOLVED, that the form of such
contracts shall be subject to prior review and approval by the Town Attorney.
On a motion by Councilman Michael McLoughlin and
seconded by Councilman Gary Squires, the following Resolution #19-27 - Authorization
to Enter into a Contract for Attorney Services, was adopted by vote:
Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman
Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires
- aye.
Carried
5 – 0.
WHEREAS,
the Town Board has determined that it is in the Town’s interest to have the
services of William F. Reynolds as an attorney for the Town as needed;
therefore be it
RESOLVED, that the Supervisor is authorized to sign a
contract with William F. Reynolds for attorney services for 2019 in the amount
of $30,000 for general legal services for Town business with additional
services for non-Town court litigation at an hourly rate of $150.00 per
hour.
On a motion by Councilman Michael McLoughlin and
seconded by Councilman Gary Squires, the following Resolution #19-28 - Zoning Board
of Appeals Appointments - Clarence Fosdick, Clifford Hanehan, Steve Mehan and Thomas
Carringi, was adopted by vote: Supervisor Thomas Wood - aye,
Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye,
Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried
5 – 0.
WHEREAS,
the terms of Zoning Board of
Appeals (ZBA) Members Clarence Fosdick, Clifford Hanehan, Steve Mehan and Thomas
Carringi have expired; therefore be it
RESOLVED,
that the Town Board of the Town
of Saratoga reappoints Clarence Fosdick for a one year term as Member of the ZBA,
from 01/01/2019 – 12/31/2019, Steve Mehan for a two year term as Member of the
ZBA, from 01/01/2109 - 12/31/20, Thomas Carringi for a four year term as Member
of the ZBA, from 01/01/2019 - 12/31/2022 and Clifford Hanehan for a five year
term as Member of the ZBA, from 01/01/2019 - 12/31/2023.
On a motion by Councilman James Jennings and
seconded by Councilman Charles Hanehan, the following Resolution #19-29 - Approval To
Enter Into An Agreement for Emergency Medical Services with Wilton Emergency
Squad Inc., was adopted by vote: Supervisor Thomas Wood - aye,
Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye,
Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried
5 – 0.
WHEREAS, the Town Board of the Town of Saratoga is authorized
by virtue of Section 122 (B) of the General Municipal Law of the State of New
York to provide general ambulance service for the town; and
WHEREAS,
the Wilton Emergency Squad, Inc. has trained and experienced personnel and is
certified by the Department of Health of the State of New York as an ambulance
service; and
WHEREAS, the Wilton Emergency Squad, Inc. is desirous of furnishing emergency medical services to the Town
under the terms and conditions set forth in the Emergency Medical Services
agreement; now, therefore be it,
RESOLVED, by the Town Board of the Town of Saratoga to
authorize entering into the Emergency Medical Services with the Wilton
Emergency Squad, Inc. for the term beginning January 1, 2019, through December
31, 2019 and will provide consideration in the amount of $314,429.00.00. The full agreement is on file in the office
of the Town Clerk; and it is further
RESOLVED,
that the form of such contract
shall be subject to prior review and approval by the Town Attorney.
On a motion by Councilman Charles Hanehan and
seconded by Councilman Michael McLoughlin, the following Resolution #18-30 -
Endorsement
of Drumm Farm's PDR Application, was adopted by vote:
Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman
Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires
- aye.
Carried
5 – 0.
WHEREAS,
Ruth L. Drumm; Fred W. Drumm by Ruth L. Drumm serving as Temporary
Administrative Agent for Fred W. Drumm as decreed by the Saratoga County
Surrogate Court for purposes of conveying a conservation easement; and Mitchell
Drumm Produce, Corp by Fred W. Drumm and Ruth L. Drumm, are the owners of
certain real property consisting of approximately 171.7 +/- acres of viable agricultural land
in tax map parcels #156.-3-47, #156.-3-49, #156.-3-30.3, #169.-2-34, #169.52-1-1,
#170.21-1-5.21 and #170.21-1-5.24 located on Burgoyne Road, NYS Rte. 32 S and
Cemetery Road, in the Town of Saratoga and the Village of Victory, Saratoga
County, New York and collectively referred to herein as “Drumm Farm” or the
“Property”. Ruth L. Drumm, Fred W. Drumm,
by Ruth L. Drumm serving as Temporary Administrative Agent for Fred W. Drumm,
as decreed by the Saratoga County Surrogate Court for purposes of conveying a
conservation easement, and Mitchell Drumm Produce intend to permanently protect
their farm for agricultural purposes, by conveying a permanent conservation
easement on the Property.
WHEREAS, Saratoga PLAN is a New York not-for-profit
corporation within the meaning of Article 49, Title 3 or the Environmental
Conservation Law of the State of New York (together with any successor statute,
the “ECL”), is organized for, among other purposes, conserving real property,
is a tax exempt and qualified organization within the meaning of Sections
501(c)(3), 509(a) and 170(b)(1)(A)(vi) of the Internal Revenue Code (the
“Code”), and is a “qualified organization” to accept, purchase, and hold
conservation easements under Section 170(h) of the Code of Treasury Regulation
Section 1.170A-14(c).
WHEREAS, Article 14, Section 4 of the New York State
Constitution States: “The policy of this state shall be to conserve and protect
its natural resources and scenic beauty and encourage the development and
improvement of its agricultural lands for the production of food and other
agricultural products;”
WHEREAS, Section 49-0301 of the ECL states: “The legislature
hereby finds and declares that in order to implement the state policy of
conserving, preserving and protecting its environmental assets and natural and
man-made resources, the preservation of open spaces, the preservation,
development and improvement of agricultural and forest lands, … is fundamental
to maintenance, enhancement and improvement of … balanced economic growth and
quality of life in all areas of the state;”
WHEREAS, The Property is located within Saratoga County’s
Agricultural District #1, created pursuant to Article 25-AA of the New York
State Agriculture and Markets Law (the “AML”).
Section 300 states: “It is hereby
found and declared that many of the agricultural lands in New York State are in
jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into
farm areas, competition for limited resources results … it is, therefore, the
declared policy of the state to conserve, protect and encourage the development
and improvement of its agricultural land for production of food and other
agricultural products … It is the purpose of this article to provide a
locally-initiated mechanism for the protection and enhancement of New York
State’s agricultural lands as a viable segment of the local and state economies
and as an economic and environmental resource of major importance;”
WHEREAS, Article 25-AAA, Section 321 of the AML states: “It is hereby found and declared that
agricultural lands are irreplaceable state assets. In an effort to maintain the economic
viability, and environmental and landscape preservation values associated with
agriculture”, the Commissioner is authorized to administer programs to assist
counties in developing agricultural and farmland protection plans to assist
both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects
that will preserve viable agricultural land, are located in areas facing
significant development pressure and serve as a buffer for a significant
natural public resource containing important ecosystem or habitat
characteristics;”
WHEREAS, The Property is located within Saratoga County, which
adopted an Agricultural and Farmland Protection Plan in December 1997 and a
Green Infrastructure Plan in November 2006.
The
Agriculture and Farmland Protection Plan recommends:
a. Support Local PDR Projects:
i. “Encourage partnerships between landowners, local
governments, private organizations, and the county to leverage access to
existing state and federal funds for Purchase of Development Rights (“PDR”).”
b. Support Agricultural Conservation Easements:
i. “Encourage landowners to learn more about private
conservation options like conservation easements and promote public-private
partnerships to expand these efforts.”
The
Green Infrastructure Plan recommends:
a.
“Help
county municipalities and other partners create protection priorities, goals,
and strategies for the conservation of natural heritage.”
b.
“Create
greenway corridors between natural system hubs.”
WHEREAS, The Property is located within the Town of Saratoga,
which adopted a Comprehensive Land Use Plan (the “Plan”) in 2002 that
recognizes “the irreplaceability of the Town’s ‘Prime’ agricultural soils, the
importance of actively farmed lands to the agricultural industry, the rural
landscape character of the community, and the inherent susceptibility [of
farmland] to development.” The Plan identifies a long-term goal of the Town “to
preserve the ‘Prime’ agricultural soils and actively-farmed land to the
greatest extent possible.” Furthermore, the Comprehensive Land Use Plan
recommends:
a.
Preserve
and encourage agricultural use within the Town
i.
“Encourage
public, private and not for profit groups to purchase or secure by other means
development rights from farmland while allowing agricultural use to continue.”
b.
Preserve
and protect the unique natural areas and plant and animal communities within
the Town
i.
“Encourage
private groups such as Saratoga PLAN to implement conservation easements to
protect the Town’s unique environmental areas.”
WHEREAS,
The Property consists primarily
of productive agricultural land. The
Property contains of 37% prime soils and 39% soils of statewide importance as
defined by the U.S. Department of Agriculture Natural Resources Conservation
Services.
WHEREAS, Saratoga PLAN determined that accepting a
conservation easement on the Property will enhance the long-term agricultural
values of the Property and promote the use of soil conservation practices,
which will further Saratoga PLAN’s charitable purposes of protecting the
distinctive rural character of Saratoga County and its lands and waters of a
significant historic and ecological value. The Property ranks highly in
Saratoga PLAN’s agricultural landscape analysis of 2013 and is located within a
priority agricultural conservation area in the organization’s conservation plan
of 2014.
WHEREAS, Ruth L. Drumm; Fred W. Drumm by Ruth L. Drumm serving
as Temporary Administrative Agent for Fred W. Drumm; Mitchell Drumm Produce,
Corp by Fred W. Drumm and Ruth L. Drumm; and Saratoga PLAN agree that the
purpose of the agricultural conservation easement will be to conserve Viable
Agricultural Land by preventing the conversion of the Property to non-farm
uses. In achieving such prevention the
Property shall be forever reserved for continued Agricultural Use; now,
therefore, be it
RESOLVED, that
the Town of Saratoga Town Board passed a Resolution on January 14, 2019, at a
regular Town Board meeting, to endorse the submission of an application from
Saratoga PLAN, in cooperation with Saratoga County Planning Department, to New
York State Department of Agriculture and Markets for funding to Purchase
Development Rights of Drumm Farm and for Saratoga PLAN to hold and uphold a
perpetual conservation easement on the land.
Councilman Charles Hanehan
recused himself and left the room prior to the following resolution:
On a motion by Councilman Michael McLoughlin and
seconded by Councilman James Jennings, the following Resolution #18-31 - Endorsement
of Hanehan Farm's PDR Application, was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin –
aye, Councilman Charles Hanehan – recused, Councilman James Jennings – aye, Councilman
Gary Squires - aye.
Carried
4 – 0 and 1 Recused
WHEREAS, Charles and Barbara Hanehan
are the landowners of certain real property consisting of approximately 117.7
acres in Tax Map Parcel #168.-2-82 located on County Road 68, and Clifford and
Kathleen Hanehan are the landowners of certain real property consisting of
approximately 57.6 acres in Tax Map Parcel #181.-1-58 located on County Road
67, both properties being in the Town of Saratoga, Saratoga County, New York
and collectively referred to herein as “Hanehan Farm” or the “Property”. The landowners are interested in protecting
the Property for agricultural purposes by conveying a permanent conservation
easement on the land;
WHEREAS, Saratoga
PLAN is a New York not-for-profit corporation within the meaning of Article 49,
Title 3 of the Environmental Conservation Law of the State of New York
(together with any successor statute, the “ECL”), is organized for, among other
purposes, conserving real property, is a tax exempt and qualified organization
within the meaning of Section 501(c)(3), 509(a) and 170(b)(1)(A)(vi) of the
Internal Revenue Code (the “Code”), and is a “qualified organization” to
accept, purchase, and hold conservation easements under Section 170(h) of the
Code of Treasury Regulation Section 1.170A-14(c);
WHEREAS,
Article 14, Section 4 of the New York State Constitution states: “The policy of
this state shall be to conserve and protect its natural resources and scenic
beauty and encourage the development and improvement of its agricultural lands
for the production of food and other agricultural products;”
WHEREAS,
Section 49-0301 of the ECL states: “The legislature hereby finds and declares
that in order to implement the state policy of conserving, preserving and
protecting its environmental assets and natural and man-made resources, the
preservation of open spaces, the preservation, development and improvement of
agricultural and forest lands, … is fundamental to maintenance, enhancement and
improvement of … balanced economic growth and quality of life in all areas of
the state;”
WHEREAS, The Property is located
within Saratoga County Consolidated Agricultural District #1, created pursuant
to Article 25-AA of the New York State Agriculture and Markets Law (the “AML”).
Section 300 states: “It is hereby found and declared that many of the
agricultural lands in New York State are in jeopardy of being lost for any
agricultural purposes. When nonagricultural development extends into farm
areas, competition for limited resources results … it is, therefore, the
declared policy of the state to conserve, protect and encourage the development
and improvement of its agricultural land for production of food and other
agricultural products … It is the purpose of this article to provide a
locally-initiated mechanism for the protection and enhancement of New York
State’s agricultural lands as a viable segment of the local and state economies
and as an economic and environmental resource of major importance;”
WHEREAS,
Article 25-AAA. Section 321 of the AML states: “It is hereby found and declared
that agricultural lands are irreplaceable state assets. In an effort to
maintain the economic viability, and environmental and landscape preservation
values associated with agriculture,” the Commissioner is authorized to administer
programs to assist counties in developing agricultural and farmland protection
plans to assist both county and municipal governments in the implementation of
such plans. The Commissioner gives priority to projects that will preserve
viable agricultural land, are located in areas facing significant development
pressure and serve as a buffer for a significant natural public resource
containing important ecosystem or habitat characteristics;”
WHEREAS, The Property is located within Saratoga County, which adopted an
Agricultural and Farmland Protection Plan in December 1997 and a Green
Infrastructure Plan in November 2006.
The
Agriculture and Farmland Protection Plan recommends:
a. Support Local PDR Projects:
i. “Encourage partnerships between landowners, local
governments, private organizations, and the county to leverage access to
existing state and federal funds for Purchase of Development Rights (“PDR”).”
b. Support Agricultural Conservation Easements:
i. “Encourage landowners to learn more about private
conservation options like conservation easements and promote public-private
partnerships to expand these efforts.”
The
Green Infrastructure Plan recommends:
c.
“Help
county municipalities and other partners create protection priorities, goals,
and strategies for the conservation of natural heritage.”
d.
“Create
greenway corridors between natural system hubs.”
WHEREAS,
The Property is located within the Town of Saratoga, which adopted a
Comprehensive Land Use Plan (the “Plan”) in 2002 that recognizes “the irreplaceability
of the Town’s prime agricultural soils, the importance of actively farmed lands
to the agricultural industry, the rural landscape character of the community,
and the inherent susceptibility [of farmland] to development.” The Plan
identifies a long-term goal of the Town “to preserve the ‘Prime’ agricultural
soils and actively-farmed land to the greatest extent possible.” Furthermore,
the Comprehensive Land Use Plan recommends:
c.
Preserve
and encourage agricultural use within the Town
i.
“Encourage
public, private and not for profit groups to purchase or secure by other means
development rights from farmland while allowing agricultural use to continue.”
d.
Preserve
and protect the unique natural areas and plant and animal communities within
the Town
i.
“Encourage
private groups such as Saratoga PLAN to implement conservation easements to
protect the Town’s unique environmental areas.”
WHEREAS,
The Property
consists primarily of productive agricultural land. The Property contains
approximately 37% prime soils and 36% soils of statewide importance as defined
by the U.S. Department of Agriculture Natural Resources Conservation Services.
WHEREAS, Saratoga PLAN determined that accepting a Conservation Easement on the
Property will enhance the long-term agricultural values of the Property and
promote the use of soil conservation practices, which will further Saratoga
PLAN’s charitable purposes of protecting the distinctive rural character of
Saratoga County and its lands and waters of significant historic and ecological
value. Furthermore, the Property is located within a high priority area for
farmland and forestland conservation identified by Saratoga PLAN in its
conservation plan, adopted in January 2014;
WHEREAS, Hanehan Family Dairy LLC,
Charles and Barbara Hanehan, Clifford and Kathleen Hanehan, and Saratoga PLAN
agree that the purpose of the agricultural conservation easement will be to
conserve Viable Agricultural Land by preventing the conversion of the Property
to non-farm uses. In achieving such prevention, the Property shall be forever
reserved for continued Agricultural Use; now, therefore, be it
RESOLVED, that
the Town of Saratoga Town Board passed a Resolution on January 14, 2019 at a
regular Town Board meeting, to endorse the submission of an application from
Saratoga PLAN, in cooperation with the Saratoga County Planning Department, to
New York State Department of Agriculture and Markets for funding to Purchase
Development Rights of Hanehan Farm and for Saratoga PLAN to hold and uphold a
perpetual conservation easement on the land.
On a motion by Councilman Gary Squires and seconded
by Councilman Michael McLoughlin, the following Resolution #18-32 - Fund
Transfer - $200.00 from A1990.4-Contingencey
to A5182.4-Street Lighting Contractual, was adopted by vote:
Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman
Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires
- aye.
Carried
5 – 0.
RESOLVED
by the Town Board of the Town of
Saratoga, to transfer $200.00 from A1990.4-Contingency to A5182.4-Street
Lighting Contractual, to cover year end budget adjustments.
On a motion by Councilman Michael McLoughlin and
seconded by Councilman James Jennings, the following Resolution #18-33 - Fund
Transfer - $200.00 From Contingency-A1990.4
to Assessor Clerk Personal Services-A1355.11, was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin –
aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman
Gary Squires - aye.
Carried
5 – 0.
RESOLVED,
by the Town Board of the Town of Saratoga, to transfer $200.00 from
Contingency-A1990.4, to Assessor Clerk Personal Services-A1355.11, to cover payroll
through year end.
On a motion by Councilman Michael McLoughlin and seconded
by Councilman Gary Squires, the following Resolution #18-34 - Fund
Transfer - $300.00 from DB5140.1 Brush
& Weeds Personal Services to DB5130.4 Machinery Contractual, was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin –
aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman
Gary Squires - aye.
Carried
5 – 0.
RESOLVED, by the Town Board of the
Town of Saratoga, to transfer $300.00 from DB5140.1 Brush & Weeds Personal
Services to DB5130.4 Machinery Contractual, to cover year end expenses.
On a motion by Councilman Michael McLoughlin and
seconded by Councilman Charles Hanehan, the following Resolution #18-35 - Fund
Transfer - $4,100.00 from DB5140.1 Brush & Weeds Personal Services to
DB5142.4 Snow Removal Contractual, was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin –
aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman
Gary Squires - aye.
Carried
5 – 0.
RESOLVED, by the Town Board of the Town of Saratoga, to
transfer $4,100.00 from DB5140.1 Brush & Weeds Personal Services to
DB5142.4 Snow Removal Contractual, to cover year end expenses.
Communications:
O.E. M. letter of resignation from
Sherry Doubleday.
Privilege
of the floor: Alicia
Farone, 717 Rt. 29, addressed the Board.
Upcoming
meetings:
v Agenda meeting – Thursday,
February 7, 2019 at 7:00 p.m.
v Regular Town Board meeting –
Monday, February 11, 2019 at 7:00 p.m.
A
motion was made by Councilman Charles Hanehan, seconded by Councilman Gary
Squires, to approve proposed Local Law
#1 of 2019, formerly known as proposed Local Law #3 of 2018. Supervisor
Thomas Wood - nay, Councilman Michael McLoughlin – nay, Councilman Charles
Hanehan – nay, Councilman James Jennings – nay, Councilman Gary Squires - nay.
Opposed
5 – 0, Motion Defeated
Audit the Bills: On
a motion by Councilman Michael McLoughlin and seconded by Councilman James
Jennings, the following Resolution #19-36 - Approving the Payment of Bills in Abstract
14G of 2018, was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin –
aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman
Gary Squires - aye.
Carried
5 – 0.
RESOLVED,
by the Town Board of the Town of
Saratoga to authorize payment of the bills listed in Abstract 14G (2019) in the following amounts:
General Fund DB Voucher
No. 250 through 255 $
4,366.63
General Fund A Voucher
No. 415 through 424 $ 6,110.54
General Fund B Voucher No. 88 through 90 $ 244.12
(voided #87 as it
belongs in B account)
Schuyler Park Voucher
No. 42 $ 71.30
Historic Hudson Hoosic Voucher
No. 69 through 70 $ 2,188.50
Grand Total $
12,981.09
Audit the Bills: On a motion by Councilman Charles Hanehan and
seconded by Councilman Gary Squires, the
following Resolution #19-37 - Approving the Payment of Bills in Abstract 1G of
2019 was adopted by vote: Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James
Jennings – aye, Councilman Gary Squires - aye.
Carried 5 - 0
RESOLVED, by
the Town Board of the Town of Saratoga to authorize payment of the bills listed
in Abstract 1G of 2019 in the following
amounts:
General Fund DB Voucher
No. 1 through 7 $ 4,589.45
General Fund A Voucher
No. 1 through 18 $ 11,472.35
General Fund B Voucher No. 1 $ 270.00
Historic Hudson Hoosic Voucher
No. 1 through 3 $ 2,982.50
Grand Total $
19,314.30
A motion to adjourn at 8:35 p.m. was made by Councilman Michael McLoughlin and seconded by Councilman Gary Squires. Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried 5 - 0
Meeting Adjourned
Respectfully Submitted,
Linda A. McCabe
Town Clerk