MEETING MINUTES OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 12 SPRING ST.,

SCHUYLERVILLE, NY

 

October 10, 2018

 

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 Charles Hanehan - present, Councilman Michael McLoughlin – present, Councilman James Jennings – present, Councilman Gary Squires – present.

 

Also present: Deputy Clerk Michelle Conover, Building Inspector/Zoning Officer Gil Albert, Highway Superintendent Don Ormsby, Attorney William Reynolds, Tracey Clothier, Jaime O'Neill, Lucinda Barry, Susan Yerry, Terri Korb, Paul Murphy, Robert Dougal and Randall Odell.  (sign in sheet on file in the Clerk's office)

 

Recognitions/Presentations/ Bid openings/ Public Hearings:

Supervisor Thomas Wood stated the Town received a grant a year and a half ago from New York State Department of Agriculture & Markets, to develop an Agriculture and Farmland Protection Plan.  The Town hired the LA Group as consultants and worked closely with them for a number of months, a number of meetings, number of surveys and with the community at large.  They've also had extensive involvement of the Department of Agriculture & Markets (Ag & Markets) and Ag & Markets has had 1 - 2 persons attend each meeting and did not hesitate to give the Town feedback along the way.  There were a number of experts and specialists that made presentations to those in attendance at the meetings, which aided in putting the Plan together.  The L A Group  held a large public forum with about 100 in attendance, and they reviewed SWOT (Strengths, Weaknesses, Opportunities and Threats).  SWOT is a useful framework for analyzing our Town's agricultural strengths and weaknesses and the opportunities and threats that it may face.  It'll help us focus on our strengths, minimize threats and take the greatest possible advantage of opportunities available to us.   This information was shared with the group and incorporated the into the Plan.  We have a complete Comprehensive Plan and Executive Summary, which summarizes the high points of the Plan.  We have been looking for  community input along the way.  Before opening the first Public Hearing, Supervisor Thomas Wood stated he wanted to share a couple of telephone conversations he had with two active, large farmers in the area and the thoughts and suggestions they had.  Some of this has been shared with the Town Board at agenda meetings and other meetings as we've progressed.  A point made by Joe McMahon, McMahon's Thoroughbreds, is that the Equine Industry is an integral part of the agriculture community, as well as the County of Saratoga and the State of NY.  We need to be sure to give complete and adequate recognition of this in the Plan.  Another concern pointed out by Joe McMahon, relative to the section with things the town could potentially implement, is the proposed 2% additional mortgage tax.  Supervisor Thomas Wood stated that the proposed additional tax would be placed on properties selling above a pre-set minimum number.  They've talked about the number being $500,000.00.   The first $500,000.00 would be exempt and the 2% additional mortgage tax placed on anything beyond that.  Of concern is that this additional mortgage tax is a select tax and it is to generate a pool of money that would be used to enhance the Purchase of Development Rights of farms or keeping open space open, farmland as farmland and would be controlled by the Town of Saratoga.  The 2% tax could be a deterrent against farmers, be it purchasing land or selling land, as it would escalate the closing costs of property; if it's a million dollar property it is a significant amount of money.  It could work against farmers; it could discourage a sale that was about to close or a farmer may have to reduce the price of his property to sell it, in order to offset that 2% additional tax.   Supervisor Thomas Wood stated keep in mind, this is not law.  It is only a plan, suggestions to be considered when making changes to the Comprehensive Plan or making other laws reflecting these desires.  The second telephone conversation he had was with Chris Koval, Koval Brother's Dairy LLC., and Chris Koval emphasized the importance of equine farms and encouraged him to support and encourage them.  A study of all residents in the town should be conducted to see if they'd want an additional 2% tax increase on their mortgages. 

Supervisor Thomas Wood then asked for Board input.  Councilman Charles Hanehan suggested reaching out to other towns who have added this tax and see how they're doing.  Councilman James Jennings stated Joe McMahon also wants to see a clarification on the 100' setback; it'll take a big chunk of your land away.  Supervisor Thomas Wood responded that Joe McMahon wants to know if the burden of the 100' setback is on the farmer or the neighboring property owner.  Supervisor Thomas Wood felt it was on the neighboring property, not the farmer.  He added that Malta tried to initiate a 10' - 25' setback and it didn't fly.  Councilman James Jennings asked if the Town has to put up $5,000.00 to get the $15,000.00 grant money.  Supervisor Thomas Wood replied yes, it's a 75 - 25 match grant.  Councilman James Jennings questioned why the taxpayers should have to put up the money.  Supervisor Thomas Wood responded that the options are the Town can apply for  the Ag & Markets grant and Ag & Markets would assist with their financial input or the Board can implement pieces of it as they choose, just as we modify current zoning laws.  For example, defining the term of Agriculture, which our Town Attorney can easily work us through.  We can do this or not do it. 

Supervisor Thomas Wood then introduced Tracey Clothier, the LA Group, and asked if she had any other comments on the grant.  She replied she has worked with other town agencies who have used that and it worked out well.  You can leverage the grant money if you're making changes to your zoning ordinance.  Right now Ag & Markets are taking all the money off the table and putting into the CFA Grants (Consolidated Funding Applications), and they require a match by the Town.  Supervisor Thomas Wood  asked that one doesn't need to implement the entire plan, correct?  Tracey Clothier replied correct, you can form a committee to implement some of it and it won't cost the Town anything.  These grants are awarded once a year, typically in July.  She said the Town has plenty of time to think this through.  She then reviewed the grant and how a town can use it.  Councilman James Jennings said the financial low interest support for farmers, is that coming out of Town taxpayers?  Supervisor Wood replied that is yet to be determined.  If we choose to place the additional 2% mortgage tax, there would be a pool of money to use, so you'd have to set up criteria for the loans.

 

Supervisor Thomas Wood opened the first Public Hearing of the Agriculture and Farmland Protection Plan at 7:20 p.m., asking those wishing to speak to please stand, state their name and address and limit their comments to 3 minutes:

Paul Murphy, 36 Hill Rd., stated the Comprehensive Plan is to maintain rural character of the community.  This feels like a protection plan that's cloaking increased development.  Reducing farms 10 acres down to 5 acres seems opposite of maintaining the rural feel of the town.   That's a major, major change and he'd like a referendum of the town so all residents understands that change.  It changes the complexion of the town and he's very disturbed by that.  He is against this, the proposal is driving density and is opposite of the Comprehensive Plan.

 

Supervisor Thomas Wood reponded that it has to do with agriculture pursuits.  If someone can't afford 10 acres they can purchase 5 acres and pursue smaller agriculture enterprises.  It is also for agriculture assessment purposes; it'd make it feasable for agriculture exemptions for smaller agriculture enterprises.

 

Robert Dougal, stated he's the only organic farm in Saratoga County and he'd like to see more organic farms.

 

Supervisor Thomas Wood encouraged everyone to review the Plan and stated we will continue the Public Hearing next month.  Supervisor Thomas Wood asked if there were any other comments; seeing none, Supervisor Thomas Wood made a motion, seconded by Councilman Gary Squires, to close the Public Hearing at 7:31 p.m.  Supervisor Thomas Wood- aye, Councilman Charles Hanehan - aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 5 - 0

 

Approval of Minutes: A motion was made by Councilman James Jennings, seconded by Councilman Charles Hanehan, to accept the minutes of the September 6th  agenda meeting and the September 10th 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 September 2018: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $63.00.  Fees paid to New York D.E.C. for hunting and fishing licenses $2,065.45. Fees paid to the New York State Health Department for Marriage licenses $22.50.  Dog license fees to Supervisor Thomas Wood $301.00. Miscellaneous Clerk fees to Supervisor Thomas Wood $145.55.  Total State and Local Revenues received were $2,597.50.

 

Zoning Officer’s report for September 2018: Gil Albert reported: 10 Building Permits Issued, 33 Building Inspections, 10 Certificate/s of Occupancy, 0 Junkyard Permit/s, 2 Complaint/s, 0 Fire inspection, 1 Order/s to Remedy, 2 misc., 5 Building Permit Renewals, 0 Property Maintenance Inspection.  A check for $2,812.50 was given to Supervisor Thomas Wood. 

 

Dog Control Officer's report for September 2018: Supervisor Thomas Wood read the following report:  Dog Control Officer Ed Cross answered 13 complaints, took 1 dog/s to the shelter, traveled 82 miles, issued 7 warnings, 5 summons were issued and 1 bite case/s. 

Town Court report for September 2018: Supervisor Thomas Wood read the following report: Funds collected for the month of September was $4,553.40.

 

Historian’s report for August 2018: Supervisor Thomas Wood read the following report:  The Historian had a slow month in August.  18th Century Day at the Schuyler House had 774 visitors on Sunday, August 12, 2018.  He had 72 posts on his blog.

 

Assessor’s report for September 2018: Supervisor Thomas Wood read the following report:  Enhanced STAR and AGED exemption renewal applications have been sent out.  Responses are starting to trickle in. 

 

Over the past month the Assessor has processed 17 sales.  8 sales were valid and 9 were non-valid sales.  He had 5 valid residential sales, 1 valid commercial sale, and 2 valid vacant land sales.  There were 3 non-valid residential sales, and 6 non-valid vacant land sales.

 

The Assessor's Clerk, Dorothy Lavazzo, will be coming back in November.

 

Please feel free to call, email, or stop by his office with any questions.

 

Office Hours: 

Tuesdays - 5:00 p.m. - 8:00 p.m.

Thursdays - 9:30 a.m. -2:30 p.m.

 

Highway Superintendent’s report for September 2018: 

v  Clearing debris and mowing ditch lines

v  Repairs at canal tow path

v  Addressed pot holes at Schuyler park entrance area

v  Replaced rotten culverts and shimmed on north end of River road 

v  Addressed water issue on Haas road

v  Replaced an air bag spring on truck 5

v  Replaced a cut tire and 2 rims on truck 2

v  New stainless steel dump box has been installed on truck 2

v  Received our new 2018 721G Case loader

v  Had one after hour call in for a down tree on Saratoga lake road

v  Hauled blacktop with Northumberland

 

Supervisor’s report:  

SUPERVISOR’S REPORT September 2018

 

                  GENERAL FUND – TOWNWIDE (A FUND)

 

                 Balance on hand 09/01/2018               $   885,600.51

                  Revenues                                               +    84,408.50

                  Disbursements                                        -    85,049.88

                  Balance 09/30/2018                             $   884,949.13

                 

                  GENERAL FUND – OUTSIDE VILLAGE (B FUND)

 

                  Balance on hand 09/01/2018               $1,682,245.68

                  Revenues                                              +       9,914.97

                  Disbursements                                      -        5,479.26

                  Balance 9/30/2018                              $1,686,681.39

 

                  HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)

 

                  Balance on hand 09/01/2018                $   828,302.08

                  Revenues                                               +  270,212.49

                  Disbursements                                        -    76,057.41

                  Balance 09/30/2018                             $1,022,457.16

                 

SCHUYLER PARK CAPITAL PROJECT 09/30/2018             $188,341.56

 

YOUTH RECREATION & SERVICE  09/30/2018                   $    2,063.99

 

HIGHWAY EQUIPMENT RESERVE  09/30/2018                  $147,423.56

 

BUILDING RESERVE  09/30/2018                                           $305,364.27

                 

      SCENIC BY WAYS QRTRLY  09/30/2018                              $       311.41   

 

      PARKS RESERVE  09/30/2018                                                  $ 226,956.55

 

       TRUST & AGENCY 09/30/2018                                                $  28,609.58

 

       HOME IMPROVEMENT GRANT 2  09/30/2018                   $  74,393.21

            (holding checks until funds are deposited)

                                                                                                                                                                                   

       HISTORIC HUDSON HOOSICK RIVER 09/30/2018                     $  66,112.15

        PARTNERSHIP

 

        PROPERTY TAX CAP RESERVE 09/30/2018                       $    1,309.53

 

v  Sales Tax ReceivedAugust 2018 - $122,037.00

v  Mortgage Tax - July 2018 - $14,521.82

 

Public comments on agenda items:

 

Committee reports:

 

Landfill: No report

 

Insurance: No report

 

Youth: No report

 

Senior Citizens: No report

 

Parks/Schuyler Park Committee: The Schuyler Park Committee met on Thursday 9/28/18.  Updates since last meeting held July 7/29/18:

 

In response to a water quality and quantity concern expressed to Supervisor Wood by a resident living adjacent to the Park on 9/13/18, two Schuyler Park committee members made an onsite visit to the resident on 9/20/18. The resident was concerned that irrigation at the Park had negatively impacted their water supply.

 

An informal inspection of the home’s water flow at an interior faucet noted what appeared to be an adequate flow rate as well as the absence of any turbidity. The water supply comes from a point well extending about 25 feet below the surface. The Park’s irrigation water comes from a drilled well over 150 feet below the surface. The differences between the two sources was explained to the resident. Prior to the site visit the Town of Saratoga engineer was consulted.

 

After the resident’s concerns were expressed, the water flow observed, and the committee members’ explanations provided, the meeting was concluded.

 

There has been no further action by either party concerning this matter.

 

Field maintenance is on schedule and the fields look good.

Soccer use is in full swing with school and OSAA.

Christopher Daly Foundation sign has been posted at the lacrosse netting acknowledging the donation for the netting.

There has been public concern expressed that the West End Pavilion is not yet completed – that is, the floor in the open area has not yet been poured. At the last meeting, the committee acknowledged that criticism and pledged that the floor will be installed this fall. If the committee is unable to take action with volunteers supplying the labor and thus realizing up to 8K in savings, the job will be contracted out. Half of the floor was successfully poured on 10/3/18.

 

The next Schuyler Park Committee Meeting is scheduled for 11/27/18 at 7:30 pm.

 

Office of Emergency Management: No report

 

QSFD, WEMS Inc.: Don Ormsby, Quaker Springs Assistant Fire Chief, stated they have had 75 calls this year to date.

 

Nashua Alexander, Wilton EMS Chief Operating Officer at Wilton Emergency Squad,

submitted his report which stated they answered 28 calls in the Town of Saratoga during the month of September.

 

Old Business:  Town Highway Superintendant Don Ormsby stated the striping of Louden Rd. will be completed by month's end.

 

New Business:

On a motion made by Supervisor Thomas Wood and seconded by Councilman Michael McLoughlin, the following Resolution #18-111, Honoring the 100th Birthday of Marjorie Boyce, 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 wishes to recognize and honor Marjorie Veronica White Boyce on her 100th birthday, and

            WHEREAS, Marjorie White Boyce was the daughter of Leo White and Beatrice Turcotte White, born on October 23, 1918, in Schuylerville, and

            WHEREAS, Marjorie White Boyce was one of four White family children, whose siblings names were Aletha White, Eleanor White and Leona White, that lived on Chestnut Street in Schuylerville, and

            WHEREAS, Marjorie White Boyce upon marriage, lived at 86 Green Street and 5 Crow Street in the Village of Schuylerville, and

            WHEREAS, Marjorie White Boyce was married to Spencer James Boyce, Jr.  on September 4, 1943 and was married for 48 years until his death, in 1990, and

            WHEREAS, Marjorie and Spencer Boyce had two children, Spencer J. Boyce, III  and Bonnie Boyce Merrill, and

            WHEREAS, Marjorie White Boyce graduated from Schuylerville High School in June of 1936, and

            WHEREAS, Marjorie White Boyce worked and paid her way through the School of Nursing at Catholic University in Washington, DC, graduating in 1943 as a Registered Nurse, and

            WHEREAS, Marjorie White Boyce worked as a School Nurse/Teacher at Stillwater Central School for 24 years, until her retirement, and

            WHEREAS, Marjorie White Boyce has three grandsons, Christopher (Christina) Merrill, Seth Merrill, and Spencer J. Boyce IV, and

            WHEREAS, Marjorie White Boyce has four great grandchildren, Joshua Merrill age 13, Madelyn Merrill age 10, Abigayle Merrill age 8, and Spencer J. Boyce V age 1 1/2 and

            WHEREAS, Marjorie White Boyce is a lifelong member of the Notre Dame - Visitation Church in Schuylerville, and

            WHEREAS, Marjorie White Boyce was active in local organizations, including Schuyler Hose Company Auxiliary, and Home Bureau, and

            WHEREAS, Marjorie White Boyce is a talented crafter, making many lovely knitting, ceramic, crochet, and stitching projects and has done rug hooking for many years ... even to this day producing lovely rugs, chair pads, wall hangings and more, and

WHEREAS, Marjorie White Boyce has demonstrated in her daily life the qualities and attributes which are highly desired and valued by our society, and

WHEREAS, Marjorie White Boyce is active in her Church and is a caring and giving individual, and

            WHEREAS, it is fitting that the longevity and quality of the life of Marjorie Veronica White Boyce be honored, recognized and remembered by the Town of Saratoga, now, therefore be it,

            RESOLVED, that the day of October 23, 2018, is hereby dedicated to the life of Marjorie Veronica White Boyce in grateful recognition by the Town Board of The Town of Saratoga on behalf of all the residents of the town.

 

 On a motion made by Councilman James Jennings and seconded by Councilman Michael McLoughlin, the following Resolution #18-112, Authorization to approve the Collective Bargaining Agreement with Teamster Local Union 294, 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 has engaged in labor contract negotiations with Teamsters Local Union 294, representing the Town of Saratoga Highway Department employees; and

            WHEREAS, the Town Board of the Town of Saratoga has reviewed a proposed Collective Bargaining Agreement covering calendar years 2019 - 2023, and is satisfied that approval of said agreement is in the best interest of the Town; it is now, therefore,

            RESOLVED, that the Town of Saratoga Town Supervisor, Thomas N. Wood, III, is authorized to enter into and sign a Collective Bargaining Agreement with Teamsters Local Union 294, covering Highway Department employees, having a duration of calendar years 2019 - 2023.

           

On a motion made by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin, the following Resolution #18-113, Releasing Cemetery Road to 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

                 WHEREAS, it has come to the attention of the Town that the official NYS Local Highway Inventory Map shows Cemetery Road, located on the division line between the Town of Saratoga and Village of Victory, as being a Town road; and

WHEREAS, a modification to the Local Highway Inventory Report is needed to remove Cemetery Road, it is now therefore,

            RESOLVED, that the Town Board of the Town of Saratoga releases all responsibility for Cemetery Road to the Village of Victory, starting at County Route 338 and running south for its entire length and; be it further,

            RESOLVED, that the Town Highway Superintendent is directed to remove Cemetery Road from the Town’s Local Highway Inventory Report.

 

On a motion by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan, the following Resolution #18-114, Fund Transfer - $100.00 from Assessor Personal Services-A1355.1 to Assessor Contractual-A1355.4, 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 $100.00 from A1355.1-Assessor Personal Services to A1355.4-Assessor Contractual due to unexpected expenditures.

 

On a motion by Councilman Gary Squires and seconded by Councilman Michael McLoughlin, the following Resolution #18-115, Fund Transfer - $1500.00 from Attorney Contractual-A1420.4 to Attorney Contractual-A1420.41,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 $1500.00 from A1420.4 Attorney Contractual to A1420.41 Attorney Contractual to cover additional court appearances on behalf of the Town, in courts other than our town court.

 

Privilege of the floor:  The following residents addressed the Board: Robert Dougal, 294 Wilbur Rd., Susan Yerry, 294 Wilbur Rd., Lucinda Barry, 7 Corinne Ct., Randy O'dell, 99 Brown Rd., Terri Korb, 17 Hill Rd. and Paul Murphy, 36 Hill Rd.

 

Communications:  

 

Upcoming meetings:

v  Budget Workshop - October 24, 2018.

v  Agenda meeting – Thursday, November 1, 2018 at 7 p.m.

v  Regular Town Board meeting – Thursday, November 8, 2018 at 7 p.m.  

 

A motion was made by Supervisor Thomas Wood, seconded by Councilman Gary Squires, to enter into Executive Session to discuss litigation at 9:07 p.m.  Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.

Carried 5 - 0

 

A motion was made by Councilman Charles Hanehan, seconded by Councilman James Jennings, to exit Executive Session at 9:40 p.m.  No Board action was taken.  Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye. 

Carried 5 - 0

 

Audit the Bills: On a motion by Councilman Charles Hanehan, seconded by Councilman James Jennings, the following Resolution #18-116 , Approving the Payment of Bills in Abstract 9G, 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 9G of 2018 in the following amounts:

 

General Fund DB                 Voucher No. 169 through 188                      $122,470.89

General Fund A                    Voucher No. 303 through 335                      $  22,336.40

General Fund B                    Voucher No. 48 through 52                         $       716.41

Schuyler Park H                    Voucher No. 27through 31                           $    9,070.57

Home Improvement              Voucher No. 12 through 16                          $  43,125.00

Historic Hudson                     Voucher No. 44 through 46                          $       581.41

 

                                                         Grand Total     $ 198,300.68

 

 

A motion to adjourn at 10:12 p.m. was made by Councilman Gary Squires, seconded by Councilman James Jennings.  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