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:

 

ORGANIZATIONAL APPOINTMENTS AND DESIGNATIONS:

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

  1. The Supervisor shall preside at all meetings of the Board and shall preserve order and decorum in debate.
  2. The Board shall be called to order by the Supervisor.  A quorum must be present in order to conduct business of the Town.  A quorum shall be defined as three members of the Town Board.
  3. The Supervisor, immediately following the opening of every regular meeting of the Board, shall proceed to the regular order of Town business as follows: Roll Call, Approval of Minutes, Town Clerk’s Report, Zoning Officer’s Report, Dog Control Officer’s Report, Town Court Report, Tax Collector’s Report, Historian’s

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.

  1. Public Hearings:  It shall be the duty of the Supervisor to preside at all general or special business hearings, to instruct all persons addressing the Board to state their names, addresses, and to state whether they are for or against the proposal. Those in favor of the proposal before the Board should speak first and those in opposition should speak last.  At such hearings the Board may have special rules and prescribe the time to be allotted as 3 minutes to each speaker.  Once all persons wishing to speak have spoken once, any person wishing to speak a second time may do so for a maximum of 2 minutes. 
  2. At the close of the public hearing as provided for in paragraph “4” above, the Supervisor may grant any member of the general public in attendance at such meeting a reasonable opportunity to be heard on any question or subject in which the Town is concerned.
  3. Every resolution or motion must be seconded before being put to a vote by the Supervisor and all resolutions or motions shall be recorded in their entirety in the official minutes of the Town Board.
  4. The Supervisor may offer or second a resolution or a motion and need not relinquish the chair for such purpose.
  5. No motion or resolution may be brought to a vote except by the majority consent of those present unless printed or typewritten copies thereof are presented to each member of the Town Board 48 hours prior to the opening of the meeting at which such motion or resolution is offered.
  6. No member shall speak more than once on any questions until every member choosing to speak shall have spoken, no more than twice, in any case, without leave of the Town Board.
  7. When a question is under debate, no motion shall be entertained unless (a) for an adjournment or recess, (b) for the previous question to lay on the table, (c) to postpone to refer to a committee, or (d) to amend.
  8. A majority vote of all the members of the Town Board shall be required to suspend these rules of order.  A majority of the Town Board shall constitute a quorum.
  9. If the above stated rules are or become at any time in conflict with the statutory law, the statutory law shall take precedence.
  10. No member of the public shall engage in any demonstration, booing, hand clapping or otherwise disrupt the formality of a Town Board meeting.
  11. Any persons speaking to the Town Board with the consent of the Supervisor shall address their remarks to the Town Board, not to other members of the audience in the form of a debate.  Residents will be limited to speaking for three minutes unless extended by permission of the majority consent of the Town Board.  All persons speaking will be given respect and courtesy and in return are expected to be respectful and courteous.  The use of profane and inappropriate language is not acceptable. 

 

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  Deputy Town Historian - Patricia Peck

v  Highway Committee: Councilman Gary Squires, Councilman Charles Hanehan and Councilman James Jennings

v  Youth Committee: Councilman Michael McLoughlin 

v  Senior Citizen Committee: Supervisor Thomas Wood and Councilman James Jennings

v  Insurance Committee: Supervisor Thomas Wood and Councilman Charles Hanehan

v  Landfill Committee: Supervisor Thomas Wood, Councilman Gary Squires and Councilman James Jennings

v  Park Committee: Supervisor Thomas Wood, Councilman Gary Squires, Councilman James Jennings, Councilman Michael McLoughlin

v  Park Committee: Supervisor Thomas Wood, Councilman Gary Squires, Councilman James Jennings, Councilman Michael McLoughlin, 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 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

 

Park Committee: No report.  The Town Board asked that they remove the Closed sign from the park in order to allow families to park and go sledding, at their own risk.

 

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