MINUTES OF THE REGULAR
TOWN BOARD MEETING
OF THE TOWN OF SARATOGA
12 SPRING ST., SCHUYLERVILLE, NY
May 9, 2016
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at
Roll call: Town Clerk Linda McCabe,
called the roll. Supervisor Thomas Wood-
present, Councilman Charles Hanehan - present, Councilman Michael McLoughlin – absent
(arrived at 7:04 p.m.), Councilman James Jennings – present, Councilman Gary
Squires – present.
Also
present: Zoning Officer/Building Inspector Gil
Albert, Highway
Superintendent Don Ormsby Jr., Deputy Clerk Michelle Conover, Town Attorney William Reynolds, Ruth Drumm,
Stephen & Joann Bodnar, Bill Moreau, Thomas Drew, Tom Carringi, Clifford
Hanehan, Chris Benn, Jaime O’Neill and other interested persons.
Recognitions/Presentations/ Bid openings/ Public Hearings:
Supervisor
Thomas Wood presented Stephen E. Bodnar, with Resolution #16-74 - Recognition
of Stephen E. Bodnar for his dedicated service to the Town of Saratoga.
On a motion made by
Supervisor Thomas Wood and seconded by Councilman Charles Hanehan, the
following Resolution #16-74, Recognition of Stephen E. Bodnar for his dedicated
service to the Town of Saratoga, 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, Stephen E. Bodnar is a lifelong resident of the Town
of Saratoga and WHEREAS, Stephen E.
Bodnar graduated from Schuylerville Central School in June,
1962 and has operated a large
dairy farm on Hanehan Road in the Town of Saratoga for his entire life, and
WHEREAS, the Town of Saratoga created a Zoning Ordinance and
established a Zoning Board of Appeals in March 1981, and
WHEREAS,
Stephen E. Bodnar was first appointed as one of seven initial members to the
Zoning Board of Appeals in March 1982, and
WHEREAS, Stephen E. Bodnar has
continuously served as a conscientious, active member of the Town of Saratoga
Zoning Board of Appeals for 35 years, serving as Chairman of the Zoning Board
of Appeals for 12 years, beginning in January 2004, and
WHEREAS, Stephen E. Bodnar has been
active in many efforts on the Town of Saratoga to revise and update the Zoning Ordinance
and create a Town Comprehensive Plan, now therefore be it
RESOLVED, that the Town of Saratoga
extends a most sincere and genuine thank you to Stephen E. Bodnar for his 35
years of service and leadership to the town, and be it further
RESOLVED, that the positive impact
of Stephen E. Bodnar’s input to the Zoning Board of Appeals shall be long
remembered and reflected in the growth and development patterns in the Town of
Saratoga.
Public Hearing on the Mass Gathering Permit for Sundae on the Farm: Proof of notice in the Saratogian on April 29th having been provided, Supervisor Thomas Wood opened the Public Hearing
at 7:18 p.m. for the Mass Gathering Permit for Sundae on the Farm to be held on
June 12th, at the Turning
Point Farm, asking those wishing to speak to please state their name and
address for the record; no one spoke.
A motion was made by
Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to close the
public hearing at 7:19 p.m. Supervisor Thomas Wood -
aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye,
Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried 5 – 0.
Public Hearing on Local Law #4 of 2016-Temporary Moratorium
Prohibiting Clear Cutting of Forested
Land in the Town of Saratoga: Proof of notice in the Saratogian on April 29th having
been provided, Supervisor Thomas Wood
opened the Public Hearing at 7:20 p.m. for Local Law #4, asking those
wishing to speak to please state their name and address for the record; no one
spoke.
A motion was made by
Supervisor Thomas Wood and seconded by Councilman Charles Hanehan to close the
public hearing at 7:21 p.m. Supervisor Thomas Wood -
aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye,
Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried 5 – 0.
Public
Hearing on Local Law #5 of 2016 - Repealing
Article I of Chapter 216 of the Town of Saratoga Code - Dealing with the
dumping of horse manure: Proof of notice in the Saratogian on April 29th having
been provided, Supervisor Thomas Wood
opened the Public Hearing at 7: 23 p.m. for Local Law #5, asking those
wishing to speak to please state their name and address for the record; no one
spoke.
A motion was made by
Supervisor Thomas Wood and seconded by Councilman Michael McLoughlin to close
the public hearing at 7:24 p.m. Supervisor Thomas Wood -
aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye,
Councilman James Jennings – aye, Councilman Gary Squires - aye.
Carried 5 – 0.
Approval of Minutes: A motion was made by Councilman
Michael McLoughlin and seconded by Councilman Charles Hanehan to accept the
minutes of the April 11, 2016 regular meeting as written. Supervisor Thomas Wood - aye, Councilman
Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James
Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
Town Clerk’s report for April 2016: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $76.00. Fees paid to New York D.E.C. for hunting and fishing licenses $1,129.77. Fees paid to the New York State Health Department for Marriage licenses $45.00. Dog license fees to Supervisor Thomas Wood $330.00. Clerk fees to Supervisor Thomas Wood $176.23. Total State and Local Revenues received were $1,1772.00.
Zoning Officer’s report for April 2016: Gil Albert reported: 11 Building Permits, 16 Building Inspections, 3 Certificates of Occupancy, 1 Junk Yard Permits, 0 Orders to Remedy, 0 Fire inspections, 2 Complaints, 1 Building Permit Renewal/s, 0 Property Maintenance Inspections, and 5 miscellaneous appointments. A check for $2,541.45 was given to Supervisor Thomas Wood.
Dog Control officer’s report for April 2016: The report was read by Supervisor Thomas Wood: answered 20 complaints, took 0 dogs to the shelter, 0 bite case, traveled 47 miles, issued 18 warnings and 5 summons were issued.
Town Court report for April 2016: The following were closed: 38 Vehicle & Traffic, 6 Criminal/Penal Law, 1 DEC/ENCON, 1 Dog case, 2 DWI’s, 0 Town & Village Ordinance, 0 Small Claims/Civil, 2 Evictions, 2 Hearings, 1 (case transfer) Divestiture Forms sent to County Court, 1 Defendant/s sentenced to probation, 0 hours of community service issued, 0 days of jail time issued, 0 Orders of Protection issued, and $6154.00 in fees were paid to the NY State Comptroller.
Tax Collector’s report for April 2016:
Total number of bills collected - 3,010
Total tax collected - $3,075,069.96
Percentage
collected – 92.8%
Historian’s report:
April 2016
The
Historian had 9 posts on our website with 91 visitors, four of which were
inquiries for research. He is finishing
up his research on baseball player John Mulligan. He also attended a meeting of the Saratoga
County Historians at the Brookside Museum.
He took a family vacation tour of Washington DC and was amazed at the
various references to Saratoga and how many people in Washington have visited
Saratoga; referencing that one of the four paintings of American History in the
Rotunda in the US Capitol is of the Surrender of Burgoyne. He was also surprised that 4 statues, out of
100, in the National Statuary Hall Collection in the United States Capitol,
have connections to Saratoga. There is a
National Archives exhibit on how the American victory at Saratoga was
communicated. Our community is mentioned
in marble at the Arlington Memorial Amphitheater and in the Smithsonian
Institution’s National Museum of American History.
The
following will take place in May:
May
19 – Joint meeting of the Old Saratoga Historical Association and the
Stillwater Historical Association – 7:00 p.m. at the Battlefield Visitor’s
Center – subject will be the Incas.
May
21 – Heritage Hunters will meet at the Town Hall at 1:00 p.m. – subject will be
the history of the Civil War.
Assessor’s report for April 2016:
The month of April was spent
getting things finalized for the Tentative Assessment Roll and
submitting them to Saratoga
County for production. The Tentative Assessment
Roll is available for public inspection at the Town Hall and on our website. Sales from the county have not been released
from March 1st to date.
The Assessor will be sitting with the roll on the
following dates:
Monday evening May 16th - 4:00 – 7:00 p.m
Saturday May 21st - 12:30
p.m. – 4:00 p.m.
Grievance Day will be held on Tuesday, May 24th
from 4:00 – 8:00 p.m.
The Assessor’s office
continues to be open Tuesdays and Wednesdays, 9:00 a.m. – 1:00 p.m.
Highway
Superintendent’s report: April
2016
v Re-grade on Swamp & Dodd Rd.
v Cutting brush and sweeping intersections with
boom mower
v Swept the developments with the Elgin Sweeper
v Full maintenance of fluids, filters, brake
checks & inspections on trucks 1, 2, 3 & 5 have been completed
v Maintenance on the Elgin & small roller is
completed
v Pick-ups have been inspected; pick-up #2 needed
brakes & front universal repairs
v Pick-up purchased from the Water Dept. had tie
rods replaced, front end alignment, new flatbed
installed and repainted the truck orange
v Spent 2 days clearing & chipping on the
Siege Trail & 2 days addressing Schuyler Park parking lot
v Plowed at 1 storm & sanded at 1 storm
v Four men took a Tractor Mower Safety Training
Course sponsored by Capital Tractor
v Highway Superintendent attended a training
class given by Cornell on Running a Highway Department, here at the Town Hall
Supervisor’s
report:
SUPERVISOR’S REPORT APRIL 2016
GENERAL FUND – TOWNWIDE (A FUND)
Balance on hand APRIL 1 $ 1,178,623.14
APRIL Revenues + 67,654.98
APRIL Disbursements - 90,003.20
Balance APRIL 30 $ 1,156,274.92
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
Balance on hand APRIL 1 $ 1,467,131.66
APRIL Revenues + 2,164.86
APRIL Disbursements - 90,286.59
Balance APRIL 30 $ 1,379,009.93
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
Balance on hand APRIL 1 $ 688,472.37
APRIL Revenues + 208,133.31
APRIL Disbursements - 89,019.78
APRIL Balance APRIL 30 $ 787,585.90
SCHUYLER PARK CAPITAL PROJECT APRIL
30 $ 150,437.44
YOUTH RECREATION & SERVICE APRIL 30
$ 2,822.10
HIGHWAY EQUIPMENT RESERVE APRIL 30
$
103,012.14
BUILDING RESERVE APRIL 30 $ 204,745.52
SCENIC BY WAYS GRANT APRIL 30 $ 311.01
PARK RESERVE APRIL 30 $ 101,956.55
TRUST & AGENCY APRIL 30 $ 55,881.46
MOBILE
HOME GRANT APRIL 30 $ 24.31
HOME
IMPROVEMENT GRANT APRIL 30 $ 19,329.95
(holding
checks until funds are deposited)
CDBG
GRANT APRIL 30
$ 19.46
HISTORIC HUDSON HOOSICK RIVER APRIL 30 $ 231,874.87
PARTNERSHIP
v Sales Tax Received – April
2016 - $121,482.00
v Mortgage Tax - March 2016 - $9,586.50
Public comments on agenda items: None
Committee
reports: No report
Landfill:
No report
Insurance: No report
Youth: No
report
Senior Citizens: The Old Saratoga Seniors met on
April 20th for a sandwich
luncheon and tea cup auction. The
following trips are planned:
July 22nd - Erie
Canal
September 23rd
- Lake George Steamboat
Please contact Mary LaMora at #584-7986
for reservations by 4/26/2016.
Next month’s meeting will be
held on May 4th with a casserole luncheon.
The Quaker Springs Sunshiners
met on April 11th with 23 members in attendance. They had a chicken and biscuit prepared for
them by Faye Bratage and was assisted by Anise Burke and Kathy Thomas. Trips are being discussed with the possibilities
of a boat ride, visit to cloisters and
perhaps a museum. They also had a
meeting on March 14th with guest speaker Christy Durant from the
Sumit at Saratoga which is a new senior apartment building that recently opened
on Perry Rd. in Wilton, NY. Faye Bratage
has received information from Earharts in PA with a listing of different shows
and contacted Upstate to see what trips they will be offering.
Councilman Gary Squires
stated the following about Schuyler Park:
v The website has been updated to remind visitors to the
park that it is a ‘NO DOGS ALLOWED’ park.
v Emails were sent out to all coaches to notify the
parents about driving slowly in the
park as well as to enforce the ‘NO DOGS ALLOWED’ rule.
v Ed Smith is working on signs to reinforce the rules in
effect – ‘NO DRIVING ON THE FIELDS’ and ‘NO DOGS ALLOWED’ in the park. There have been two instances of trucks
driving across the fields; one of whom is a T-Ball coach.
He noted that Jim Collins has
spread calcium on the roads/parking lot to help keep the dust down and that
Laurie Griffen contacted those who emailed her about the dust, letting them
know it was being addressed.
Office of Emergency Management: No report
GSES,
QSFD, SLPID/SLA Reports:
Quaker Springs Fire
Department: 14 calls for the month of
April
Old
Business:
New
Business:
On a motion
made by Councilman Michael McLoughlin and seconded by Councilman Gary Squires, the following
Resolution #16- 72 – Local Law #4 of 2016 – Enacting a Temporary Moratorium Prohibiting Clear
Cutting of Forested Lands 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 of Saratoga is
currently undertaking a study of the effects and suitability of establishing a
land use regulatory scheme regarding the clear cutting of forested land in the
Town of Saratoga. The Town Board is of
the opinion that a period of time is needed in order to adequately review,
study and plan for such a land use regulation, and
WHEREAS, for purposes of this temporary moratorium, clear
cutting shall be defined as follows: A forested stand of greater than two acres
in which substantially all trees have been removed in a single operation or a
series of related operations, therefore be it
RESOLVED
that this moratorium shall take effect immediately and continue
for a period of six months from the effective date of this local law. (Local Law #4 of 2016 is attached)
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to
file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
Town of Saratoga
Local
Law No. 4
of the year 2016
A local law to enact a temporary moratorium prohibiting
the clear cutting of forested land in the Town of Saratoga .
Be it enacted by the Town Board
of the
(Name of Legislative Body)
Town of Saratoga as follows:
SECTION 1 – Legislative Findings.
The
Town of Saratoga is currently undertaking a study of the effects and
suitability of establishing a land use regulatory scheme regarding the clear
cutting of forested land in the Town of Saratoga. The Town Board is of the opinion that a
period of time is needed in order to adequately review, study and plan for such
a land use regulation.
SECTION
2 - Moratorium.
There
is enacted a temporary moratorium prohibiting the clear cutting of forested
land, as defined below, in the Town of Saratoga. This moratorium shall continue for a period
of six months from the effective date of this local law.
SECTION
3 - Definition.
For purposes of this temporary moratorium, clear cutting
shall be defined as follows:
Clear Cutting
A forested
stand of greater than two acres in which substantially all trees have been
removed in a single operation or a series of related operations.
SECTION 4- Penalties for
Violation
The penalties for a violation of this local law shall be
the same as set forth in Section 400-70 of the Town Code.
SECTION
5 – Effective Date.
This local law shall take effect
immediately.
On a motion made by
Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin, the
following Resolution #16-73 – Local Law #5 of 2016 – Repealing
Article I of Chapter 216 of the Town of Saratoga Code- Dumping of Horse Manure,
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 repeal Article I of Chapter 216 of the Town Code of the
Town of Saratoga - Dumping of Horse Manure, is hereby repealed in its entirety,
and be it further
RESOLVED, by the Town Board of the
Town of Saratoga, to adopt Local Law #5 of 2016 – Repeal Article I of Chapter
216 of the Town of Saratoga Code (Local Law #5 of 2016 is attached)
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to
file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
Town of Saratoga
Local
Law No. 5
of the year 2016
A local law to repeal Article I of Chapter 216 of the Town
of Saratoga Code.
Be it enacted by the Town Board
of the
(Name of Legislative Body)
Town of Saratoga as follows:
SECTION 1 – Repeal of Law
Article I of Chapter
216 of the Town Code of the Town of Saratoga (Dumping of Horse Manure) is
hereby repealed in its entirety.
SECTION
5 – Effective Date.
This local law shall take effect
immediately.
On a motion made by
Councilman Charles Hanehan and seconded
by Councilman Gary Squires, the following Resolution #16- 75 – Mass Gathering for Sundae on the Farm 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 has received and reviewed the application for a Mass Gathering Permit
by the Saratoga County Ag Promotion Committee, 50 West High Street, Ballston
Spa, NY 12020 for Sundae on the Farm, on Sunday, June 12h at Turning Point
Dairy, County Road 67, Town of Saratoga, from noon to 4:00 p.m. The estimated
number of people attending is 3,800+/-, and
WHEREAS,
the required information has been submitted, as required by Local Law #2
of
2006, and
WHEREAS, the Town Board of the Town
of Saratoga has held a public hearing on May 9th , 2016 for input by interested
persons; and
WHEREAS,
the event is desirable for the town; therefore be it
RESOLVED,
by the Town Board of the Town of Saratoga that the permit is granted.
On a motion made by
Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin, the
following Resolution #16-76 – Zoning board of Appeals Appointment – Nicholas
Schwartz, 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, Stephen Bodnar, Zoning Board of Appeals Chairman,
has submitted his resignation, therefore be it
RESOLVED,
that the Town Board of the Town of Saratoga appoints
Nicholas Schwartz to fulfill the term of Stephen Bodnar (1/1/12 – 12/31/16), as
Member of the Zoning Board of Appeals from 5/9/16 – 12/31/16.
On
a motion made by Councilman Michael McLoughlin and seconded by Councilman Gary Squires, the following
Resolution #16- 77 – Purchase of Development Rights – Drumm Farm, 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, Fred
W. Drumm; Ruth L. Drumm; Mitchell Drumm Produce, Corp by Fred W. Drumm and Ruth
L. Drumm; and 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, are the owners of certain real property (the
“Property”) consisting of approximately
171.51+/- acres of viable agricultural land in tax map parcels
#156.-3-30.111, #156.-3-46, #169.-2-34, #169.52-1-1, #170.21-1-5.24, and
#170.21-1-5.21 located on Burgoyne Road, NYS Rte. 32 S and Cemetery Avenue, in
the Town of Saratoga and the Village of Victory, Saratoga County, New York.
Fred W. Drumm, Ruth L. Drumm, and Mitchell Drumm Produce intend to permanently
protect their farm for agricultural purposes by conveying a permanent conservation
easement on the Property, and
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), and
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;” and
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;” and
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;” and
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;” and
WHEREAS,
the property is located within Saratoga County, whose Agricultural and Farmland
Protection Board passed a resolution endorsing the conservation of this property
and submission of a funding application to NYS for such purpose on May 5, 2016.
Saratoga County adopted an Agricultural and Farmland Protection Plan in
December, 1997 and a Green Infrastructure Plan in November, 2006. The Agricultural 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” and
The Green Infrastructure
Plan recommends:
c. “Help county
municipalities and other partners create protection priorities, goals, and
strategies for the conservation of natural heritage” (pg. 67)
d. Create greenway
corridors between natural system hubs.
WHEREAS,
the majority of the property is located within the Town of Saratoga which was
adopted a Comprehensive Plan in February 2002. The Plan identifies agriculture
as the most important industry in Saratoga, vital to the town’s economic
well–being. The plan recommends:
a. Preserve and encourage agricultural use within the
town (pg. 2-1)
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” (pg.
2-2)
i. “Encourage private
groups such as Saratoga PLAN to implement conservation easements to protect the
town’s unique environmental areas”. And
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, and
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, and
WHEREAS,
Fred W. Drumm; Ruth L. Drumm; Mitchell Drumm Produce, Corp by Fred W. Drumm and
Ruth L. Drumm; and Ruth L. Drumm serving as Temporary Administrative Agent for
Fred W. 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 and limited
residential use associated with farming operations. Now, therefore be it
RESOLVED,
that the Town of Saratoga Town Board passed a Resolution on May 9, 2016 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 on Drumm Farm, owned by Fred W. Drumm; Ruth L. Drumm;
Mitchell Drumm Produce, Corp by Fred W. Drumm and Ruth L. Drumm; and Ruth L.
Drumm serving as Temporary Administrative Agent for Fred W. Drumm, and for Saratoga PLAN to hold and uphold a
perpetual conservation easement on the land.
On
a motion made by Councilman Michael
McLoughlin and seconded by Councilman Gary Squires, the following
Resolution #16- 78 – Purchase of Development Rights – McMahon Thoroughbred
Farm, 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,
Joseph and Anne McMahon are the owners of certain real property (the
“Property”), known as the McMahon Thoroughbred Farm, consisting of
approximately 234+/- acres of viable agricultural land in tax map parcels
#194.-2-58, # 207.-1-17.2 and # 207.-1-9 and located on NYS Rte. 32, County
Rte. 71 and Dodd Road, in the Town of Saratoga, Saratoga County, New York. Joseph and Anne McMahon are interested in
protecting their farm for agricultural purposes by conveying a permanent
conservation easement on their property, and
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), and
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;” and
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;” and
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;” and
WHEREAS,
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;” and
WHEREAS,
the property is located within Saratoga County, whose Agricultural and Farmland
Protection Board passed a resolution endorsing the conservation of this property
and submission of a funding application to NYS for such purpose on May 5, 2016.
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 Agricultural 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” (pg. 67)
d. Create greenway corridors between natural system
hubs.
WHEREAS,
the property is located within the Town of Saratoga which was adopted a
Comprehensive Plan in February 2002. The Plan identifies agriculture as the
most important industry in Saratoga, vital to the town’s economic well
–being. The plan recommends:
a. Preserve and encourage
agricultural use within the town(pg. 2-1)
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”(pg. 2-2)
i. “Encourage private groups such as Saratoga PLAN to
implement conservation easements to protect the town’s unique environmental
areas”. And
WHEREAS,
the property consists primarily of productive agricultural land. The property contains of 32% prime soils and
31% soils of statewide importance as defined by the U.S. Department of
Agriculture Natural Resources Conservation Services, and
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 mission 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, and
WHEREAS,
McMahon Thoroughbred Farm, Joseph and Anne McMahon 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 May 9, 2016 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 on McMahon Thoroughbred Farm, owned by Joseph and Anne
McMahon, and for Saratoga PLAN to hold and uphold a perpetual conservation
easement on the land.
On
a motion made by Councilman James
Jennings and seconded by Councilman
Gary Squires, the following Resolution #16- 79 – Authorization for Legal
Action – Zoning Infraction – Paul C. Matey & Nicholas Scialdone, 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 has been made aware of violations of the Town Code by Paul C. Matey and
Nicholas Scialdone, 698 Rt. 29, involving a failure to respond to an expired
permit notice, sent on 2/12/2016, and
WHEREAS,
the Zoning Officer has been unable to resolve this issue with Paul C.
Matey and Nicholas Scialdone, it is now, therefore be it
RESOLVED
by the Town Board of the Town of Saratoga, to authorize legal action by
the Town’s Attorney, in local court, to enforce compliance.
On
a motion made by Councilman Michael
McLoughlin and seconded by Councilman Charles Hanehan, the following
Resolution #16- 80 – Authorization for Legal Action – Zoning Infraction – Richard
Best, 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 has been made aware of Richard Best’s
violation of the Town Code, Local Law #1 of 2016, and
WHEREAS, the Zoning Officer has been
unable to resolve this issue with Richard Best, it is now, therefore be it
RESOLVED
by the Town Board of the Town of
Saratoga, to authorize legal action by the Town’s Attorney in local court to
enforce compliance.
Communication: Supervisor Thomas Wood
noted that he gave the Councilmen the new report he received on the elevator
for their review. Councilman James
Jennings stated he will bring in the $20 for the Schuylerville Scholarship when
back next month.
Privilege
of the floor: No
one addressed the Board. Councilman
Charles Hanehan asked Jaime O’Neill to supply the Board with information on the
NYS Ag & Markets Farmland Protection Plan; she will be happy to oblige.
Upcoming
meetings:
v
Agenda meeting – June 9, 2016 at 7:00 p.m.
v Regular town board meeting –
Monday, June 13, 2016 at 7:00 p.m.
Audit the Bills: On a motion by Councilman James
Jennings and seconded by Councilman Michael McLoughlin, the
following Resolution #16-81 - Approving the Payment of Bills in Abstract 4G, was
adopted by vote: Supervisor Thomas
Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – 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 #5G in the following amounts:
General Fund A Voucher No. 127 through 159 $ 15,457.14
General Fund B Voucher
No. 19 through 25 $ 4,917.63
Schuyler Park H Voucher
No. 6 through 11 $ 4,904.90
Highway DB Voucher
No. 65 through 89 $ 25,416.55
HH Voucher
No. 6 through 8 $
12,213.37
Grand Total $ 62,909.59
A motion to adjourn at 9:10 p.m. was made by
Councilman Charles Hanehan and seconded by Councilman Gary Squires. Supervisor
Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael
McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 - 0
Respectfully Submitted,
Linda A. McCabe
Town Clerk