DRAFT MINUTES OF THE
REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF
SARATOGA, 30 FERRY ST.,
SCHUYLERVILLE,
NY
Thursday,
November 10, 2005
7:00 P.M.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:00 p.m.
Roll call: Town Clerk Ruth Drumm
called the roll.� Supervisor Thomas
Wood- present, Councilman Bruce Cornell - present, Councilman Charles Hanehan-
present, Councilman Michael McLoughlin � present, and Councilman Fred Drumm-
present.
Also present: Town Attorney William Reynolds, Deputy Town Clerk Linda McCabe,��� Zoning Officer Robert Hathaway, Assessor/Bookkeeper Catherine DeFelice, Historian Sean Kelleher, Elizabeth Koval, Clarence Fosdick, Sherry Doubleday, Sam Palazzole, Dan Barber, Gene Derby, Stephen Bodnar, and David Hall.
Recognitions/Presentations/ Bid openings/ Public Hearings:
Resolution #05-101 � Recognizing American
Legion Post #278 � was introduced by Supervisor Thomas Wood and seconded by
Councilman Fred Drumm as follows:�
WHEREAS, the Old Saratoga Post #278 of the American Legion was
chartered on September 10, 1935 and has provided 70 years of service to the
Schuylerville area community and Schuylerville area veterans and
WHEREAS, Old Saratoga Post #278 has approximately 175 members
and
WHEREAS, Old Saratoga Post #278 has annually organized and
sponsored a Memorial Day Parade and related activities honoring our veterans
and
WHEREAS, Old Saratoga Post #278 sponsors the Americanism
Oratorical Contest and encourages Schuylerville area students to participate and
WHEREAS, Old Saratoga Post #278 sponsors outstanding young men
and women to participate in the annual Boys State and Girls State programs and
WHEREAS, Old Saratoga Post #278 annually organizes and sponsors
Veterans� Day programs and events that recognize our veterans and pay tribute
to their service and sacrifice to their country and
WHEREAS, Old Saratoga Post #278 sponsors activities and
provides facilities for boy scout and cub scout troops and
WHEREAS, Old Saratoga Post #278 provides the funding for all
scout membership fees, scout trips, and jamboree attendance and
WHEREAS, Old Saratoga Post #278 Auxiliary sponsors the Memory
Tree program recognizing deceased loved ones and
WHEREAS, Old Saratoga Post #278 is the meeting place and home
of the Saratoga National Cemetery Honor Guard and
WHEREAS, many Old Saratoga Post #278 members are active
members in the Saratoga National Cemetery Honor Guard and
WHEREAS, Old Saratoga Post #278 serves as the official Red
Cross Emergency Evacuation Center for our village and town and
WHEREAS, Old Saratoga Post #278 regularly sponsors Red Cross
blood drives and
WHEREAS, Old Saratoga Post #278 serves as the home of the
Schuylerville area senior citizens meetings and
WHEREAS, Old Saratoga Post #278 has made their building
available free of charge for events sponsored by area churches and
organizations and���
WHEREAS, Old Saratoga Post #278 provides color guards for
local parades and ceremonies and
WHEREAS, Old Saratoga Post #278 performs public service
activities for area veterans that are in need and
WHEREAS, Old Saratoga Post #278 annually gives back over
$10,000 to sponsor Schuylerville area community activities now therefore be it
RESOLVED, that the Town Board of the Town of Saratoga does
hereby recognize and honor to the highest degree possible American Legion Old
Saratoga Post #278 and all of the members for their service to the Village of
Schuylerville and Town of Saratoga and be it further
RESOLVED, that in observation of Veterans� Day 2005 we honor
our veterans and recognize our debt of gratitude to the brave American veterans
that stepped forward when their country called and answered with unselfish
giving that in many cases required the ultimate sacrifice and be it further
RESOLVED, that the Town of Saratoga is honored and blessed to
have Old Saratoga Post #278 members as town residents and continues to
encourage and vigorously support the Old Saratoga Post and their efforts in
every way possible.��
Roll Call:�
Supervisor Thomas Wood III � aye, Councilman Bruce Cornell � aye,
Councilman
Fred Drumm � aye, Councilman Charles Hanehan � aye
Councilman
Michael McLoughlin � aye�� Carried 5 - 0
Resolution #05-99 - Julia Clemans � 103rd
Birthday Recognition � was introduced by Supervisor Thomas Wood and seconded by
Councilman Charles Hanehan as follows:��
WHEREAS, the Town of Saratoga wishes to recognize and honor
Julia Walsh Clemans on her 103rd birthday, and
WHEREAS, Julia Clemans born December 5, 1902, in the Town of
Saratoga on Walsh Road, and
WHEREAS, Julia has been a resident of the Town of Saratoga for
all these years, and
WHEREAS, Julia still lives on Walsh Road which was named after
her family, and
WHEREAS, it is fitting that the longevity of Julia Clemans be
honored and recognized by the community, Town of Saratoga, and remembered, now,
therefore be it,
RESOLVED, that the day of December 5, 2005, is hereby dedicated
to the life of Julia Clemans in grateful recognition by the Town Board of The
Town of Saratoga on behalf of all the residents of the town.
Roll Call: Supervisor Thomas Wood � aye,
Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman
Michael McLoughlin � aye, Councilman Bruce Cornell � aye�� Carried 5 � 0
Supervisor
Thomas Wood gave a brief summary of the budget and added that it is reasonable,
accurate, and conservative.� He noted
that the town tax rate would be $1.50 per thousand, down from $1.57 per
thousand last year. Proof of legal notice on 11/3/05 having been furnished, he
then opened the Public Hearing on the
2006 Preliminary Budget at 7:20 p.m.
Bob Hathaway, asked for clarification on
the ambulance district tax.� Town
Attorney William Reynolds explained that it is by contract with the town.�
Councilman Bruce Cornell, asked Sherry Doubleday,
GSES, when the squad took over coverage on the whole town and she replied three
or four months ago.
Having
heard all persons wishing to be heard, Supervisor Thomas Wood closed the public
hearing at 7:22 p.m.�
Supervisor
Thomas Wood gave a brief overview of the proposed Zoning Amendments covered in
Local Law # 3 of 2005 which include � Building Permit and Special Permit Fee
Increases, adding Boat Storage as a Special Permitted Use in the Lake
Commercial, Rural, and Rural Residential Districts, and adding Water
Regulations for new wells. Proof of legal notice on 10/27/2005 having been
furnished, he opened the Public Hearing
on Local Law # 3 of 2005 at 7:25 p.m.�
Clarence Fosdick, Burgoyne Rd., asked if the
water regulations included the technical recommendations of Town Engineer Kenneth
Martin and Supervisor Thomas Wood replied that it did.
Dave Myers, representing Patrick
Burke, commented regarding the water regulations and suggested that the water
in the column be taken into consideration as some wells are several hundred
feet deep. Supervisor Thomas Wood noted that further conversation with Town
Engineer Kenneth Martin is needed.�
Clarence Fosdick, added that as a retired
engineer, in his experience the water in the column may or may not be there in
low yield wells.
Walt Taras spoke against the new
regulations, stating that they are excessive.�
He noted that there should be a distance requirement for the monitoring
of neighboring wells.� He noted that many
times deep wells are sulphur and that well driller opinions on shallow wells should
be considered.��
�
Having
heard all persons wishing to be heard, Supervisor Thomas Wood closed the public
hearing at 7:32 p.m.�
Supervisor
Thomas Wood introduced Local Law # 4 of 2005 � Subdivision Regulation Amendment
to increase Park & Recreation Fees for new subdivisions to $300 per lot or
site (increased from $200 per lot).�
Proof of legal notice on 10/27/2005 having been furnished, he opened the
Public Hearing on Local Law # 4 of 2005 at
7:33 p.m.�
Zoning Officer Robert
Hathaway suggested
that existing lots with new construction should pay the park fee too.� Town Attorney William Reynolds suggested
that the fee could be tied to the building permit.
Having
heard all persons wishing to be heard, Supervisor Thomas Wood closed the public
hearing at 7:35 p.m.�
PUD (Planned Unit
Development):�
Applicant: Saratoga
Builders, 8 Campion Lane, Saratoga Springs, NY 12866
Owner: Valente Realty
Partners & Sophie Offenberg
SBL # 155.-1-27.1 &
3� Rural Residential�
Sam
Palazzole, partner with Dan Barber of Saratoga Builders, presented the mixed
unit development to the board.� He
proposed 31 single family residences, 4 two family residences and a 36 acre
horse farm with boarding facilities and a walking/riding trail on the 82 +/-
parcel at the corner of Rt. 29 & Louden Rd.� He noted that only the horse farm�s ingress and egress would be
on Route 29, the residences would use Louden Rd.� The horse farm would own the riding trail that circles the
development and would be responsible for the maintenance and liability. The
trail would not be open to the public.�
An indoor riding arena is being considered.� He noted that the development would be tree lined and no houses
would be visible from Route 29.� Sam
Palazzole stated that he is flexible on the number of duplexes.� Supervisor Thomas Wood suggested that the
board further consider the application and have a decision whether to refer the
application to the planning board or deny it at the next meeting on December 12th.���
Approval of Minutes: All board members had received and read the minutes
of the October 12th, 2005 regular meeting and the October 28th,
2005 special meeting.� A motion was made by Supervisor Thomas Wood
and seconded by Councilman Michael McLoughlin to accept the minutes of the
October 12th and 28th meetings as written. Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan �
aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin -
aye.� Carried 5� 0.�
Town Clerk�s report, October 2005: Town Clerk Ruth Drumm stated the following: Fees paid to the County Treasurer for Dog Licenses - $79.55. Dog license fees paid to the NYS Dept. of Agriculture and Markets - $33.00. Fees paid to New York D.E.C. for hunting and fishing licenses - $1,241.63. Fees paid to NYS Health Dept. for Marriage Licenses - $22.50. Dog license fees to Supervisor Thomas Wood - $197.45. Clerk fees to Supervisor Thomas Wood - $111.87. Total State, County, and Local Revenues received were $1,686.00.
Zoning Officer�s report, October 2005: Zoning Officer Robert Hathaway stated that� 7 Building Permits, 4 C.O.�s, 13 Building inspections, and 2 complaints were answered. A check for $1,205.00 was given to Supervisor Thomas Wood.�
Assessor�s report:� Supervisor Thomas Wood reported on The New York State Office of Real Property Services 2005-2006 Real Property Tax Administration Technology Improvement Grant Program (RPTATIP).� It is a special five year program for an Online Assessment Roll System Software (OARS) Program for towns where assessments, parcel information, and grievance forms would be provided on line.� A grant can be applied for to cover the cost which is $3,783.34 in the first year and $1,214.01 for the additional years.� Further consideration is needed on the program.�
Supervisor Thomas Wood added that discussions continue as to whether to get back to 100 % assessed value.� We are currently at 91.69% and it could require a 29% increase in assessments next year to come up to 100% again.��
Dog Control Officer�s report, October 2005: The report was read by Supervisor Thomas Wood which stated Rick Sullivan answered 14 complaints including 3 dog bites, took 2 dogs to the shelter, traveled 100 miles, , issued 8 warnings, and no summons� were issued.�
Town Court report: Supervisor Thomas Wood read the court report and the following cases were closed in October: 73 Vehicle & Traffic, 8 Criminal/Penal Law, 11 DEC/ENCON, 0 Dog cases, 3 DWI, 0 Town & Village Ordinance, 2 Small Claims/Civil, 3 Evictions, 1 Divestiture Forms sent to County Court, 10 attended the Science of Speed School, 2 Defendants sentenced to probation, 26 hours of community service issued, 5 days of jail time issued and fees paid to the NY State Comptroller - $6,091.��
Supervisor�s report: Supervisor
Thomas Wood presented October 2005 balances in Town funds as follows:
General A $810,015.44, General B $92,153.98, Highway Outside $128,157.30, Youth
Recreation & Services $185.49, Highway Equipment Reserve $30,677.83,
Building Reserve $817,782.13, and Fire Protection $0.00.� October revenues were $113,037.33 and
expenses were $305,600.71.� The total
October 2005 balance is $1,878,972.17.
Public comments on agenda items:
Sean Kelleher noted that the $200 request by
Lakes to Locks for brochure costs may be a second request and if the first
request was paid then the town would not be obligated to pay the second
request.� It was determined that the
first request had been paid so no further payments were necessary.�
Clarence Fosdick asked what the total assessment in the town is now and Supervisor
Thomas Wood responded that it is 293,903,355.��
Committee reports:
Highway:� No report. Supervisor Thomas Wood reported that the highway crew assisted the Hudson�s Crossing project of planting bulbs at the Lock 5 site by providing fill.� The fill used was left over from the Burgoyne Rd. construction.� Many thanks for their help.�
Landfill: No report.
Insurance: No report.�
Youth Committee report: No report.
Buildings: Supervisor Thomas Wood reported that the RFP�s (Request for Proposals)
received for the architectural and engineering services were presented at the
November 2nd meeting and are being further reviewed by the
committee.�� The firms will give
presentations on November 16th to the committee and further
discussion and a decision will be made by December 12th.���
�
Senior Citizens
report: Councilman Bruce Cornell reported that the Quaker Springs and Old
Saratoga Seniors met and veterans were honored guests at the November 9th
meeting with 88 members attending.���
����
Park Committee report: Councilman Michael McLoughlin reported that the deed for the Quaker Springs Mineral Park property has been received by the town.�� He noted that the Quaker Springs Mineral Park property can now be included in the Pocket Parks Plan and improvements to the property can be made.� Anyone with suggestions should contact Mike.�
Zoning Amendment Advisory Committee (ZAAC):� Councilman Charles Hanehan reported that both subcommittees will meet to discuss the proposed changes on December 1st at 7:00 p.m.� He then thanked Paul Griffin for all his hard work on the project.��
General Schuyler Emergency Squad (GSES),
the Quaker Springs Fire Department (QSFD), the Saratoga Lake Protection and
Improvement District (SLPID), and the Saratoga Lake Association (SLA)
Reports:���
Sherry Doubleday, GSES, reported that the building plans are proceeding and borings are
being done.� She noted that there should
be one more Planning Board meeting before approval and that construction is
planned to start in the spring.
Old business:
Councilman
Fred Drumm introduced Resolution #
05-104 adoption of the Preliminary
Budget and Councilman Michael McLoughlin seconded it as follows:
This Board having, on November 10, 2005 at
7:00 p.m., duly held a public hearing on the��
preliminary budget approved by this Board and filed with the Town Clerk
for the fiscal year commencing January 1, 2006, and having heard all persons
desiring to be heard in the matter, and the matter of the budget for this Town
for such fiscal year having been fully discussed and considered, it is
RESOLVED,
that said preliminary budget approved and filed as aforesaid, is hereby adopted
and established as the annual budget for this Town for the fiscal year
beginning January 1, 2006, and that such annual budget as so adopted is
detailed in the minutes of the proceedings of this Town Board, and be it
further
RESOLVED,
that the Town Clerk of this Town shall prepare and certify as provided by law,
duplicate copies of said annual budget hereby adopted, and deliver one of such
copies to the Supervisor of the Town, and that she shall present such copy to
the Board of Legislators of the County as required by law.
Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman
Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.� (The 2006 budget is included in the minute book on file in the
Town Clerk�s office).
Resolution # 05-100 - Lead
Agency Designation� Local Law #4 of 2005 was introduced by Councilman Charles Hanehan
and seconded by Councilman Bruce Cornell as follows:
����������� WHEREAS, the Town Board of the Town
of Saratoga is amending the Zoning Ordinance with Local Law #4 of 2005, and
����������� WHEREAS, the approval of Local Law
#4 of 2005 is an Action subject to the provisions of the New York State
Environmental Quality Review Act (S.E.Q.R.) and the regulations promulgated to
implement said Environmental Quality Review Act, and
����������� WHEREAS, the provisions of S.E.Q.R.
require the designation of a �Lead Agency� to determine the environmental
significance of the Action, and
����������� WHEREAS, this agency has complied
with the provisions of S.E.Q.R. pertaining to �Lead Agency� designation, now,
therefore, be it
����������� RESOLVED, that the Town Board of the
Town of Saratoga is hereby designated the �Lead Agency� for the purpose of
conducting the S.E.Q.R. review of referenced Local Law #4 of 2005.�
Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman
Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.�
Resolution # 05-96 - Zoning
Amendment Law � Negative Declaration was introduced by Councilman Michael McLoughlin
and seconded by Councilman Fred Drumm as follows:
����������� WHEREAS, the Town Board of the Town
of Saratoga is the designated �Lead Agency� for the purpose of conducting the
S.E.Q.R. review of the effects of the Amendments to the Zoning Ordinance in
Local Law #4 of 2005, and
����������� WHEREAS, the �Lead Agency� has
caused the appropriate and necessary forms and materials pertaining to S.E.Q.R.
review of the project to be prepared, and
����������� WHEREAS, upon review of the
information recorded on the project Environmental Assessment Forms and
consideration of the magnitude and importance of each impact, the �Lead Agency�
has reasonably determined that the proposed project will result in no major
impacts and, therefore, is one which may not cause significant damage to the
environment, now, therefore, be it
����������� RESOLVED, that this agency, as the
designated �Lead Agency� cause the preparation and filing of a Negative
Declaration pertaining to Local Law #4 of 2005
in accordance with prescribed
regulations.
Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman
Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.�
Resolution #05-97 adopting Local Law #3 of 2005 -
Zoning Amendments - Building Permit
and Special Permit Fee Increases, adding Boat Storage as a Special Permitted
Use in the Lake Commercial, Rural, and Rural Residential Districts, and adding
Water Regulations for new wells was
POSTPONED by a motion introduced by Councilman Michael McLoughlin and
seconded by Councilman Charles Hanehan so that further review and consideration
can be made by the board on the water regulations for new wells.� A meeting with Town Engineer Kenneth Martin
will be made for his input.�� Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan �
aye, Councilman Bruce Cornell � aye, and Councilman Michael McLoughlin -
aye.� Carried 5� 0.�
Resolution #05-98 � Adoption of Local Law #4 of 2005-
amending the subdivision regulations to increase payment in lieu of park land
dedication to $300 per lot or site was
introduced by Supervisor Thomas Wood and seconded by Councilman Charles
Hanehan.� Town Attorney William Reynolds
advised that since Local Laws must be passed consecutively, this Law should be
amended to be numbered as Local Law #3 of 2005.� Supervisor Thomas Wood made a motion to amend Local Law # 4 to be
renumbered as Local Law #3 and this was seconded by Councilman Fred Drumm. Supervisor Thomas Wood - aye,
Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce
Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.� A vote on the passage of
the amended main motion, now Local Law #3 of 2005, was taken and is as
follows:
WHEREAS, the Town Board of the Town of Saratoga has reviewed
the aforementioned change and has determined the need for an increase, and
WHEREAS, the Town Board of the Town of Saratoga has held a
public hearing and received input from the townspeople, now therefore be it,
RESOLVED by the Town Board of the Town of Saratoga to adopt
Local Law # 3 of 2005, increasing the payment in lieu of park land dedication
to $300 per lot or site.
�Supervisor Thomas Wood - aye, Councilman Fred
Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye,
and Councilman Michael McLoughlin - aye.�
Carried 5� 0.� (Local Law #3 of
2005 is on file in the Town Clerk�s office).
Supervisor
Thomas Wood announced that an Option and Land Lease Agreement & Option Fee
Payment with SBATowers, Inc. for a cell tower site at the town dump property
off Hayes Road has been signed.� The
applicant will now go to the Planning Board and begin the procedures required
for cell tower approval.
New business:
Resolution #05-102 � Fund
transfer of $9,000 to Buildings- was introduced by Supervisor Thomas Wood and
seconded by Councilman Bruce Cornell as follows:
WHEREAS, the Town
Board of the Town of Saratoga recognizes the need for a fund transfer to cover
additional expenses, therefore be it
RESOLVED, by the Town Board of the Town of Saratoga to transfer
$9,000 from Contingency Account # A1990.4 to Account # A 1620.4 Buildings.�
Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman
Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.�
Resolution #05-103 � Fund
transfer of $5,742 to Retirement � was introduced by Councilman Charles Hanehan and
seconded by Councilman Fred Drumm as follows:
WHEREAS, the Town
Board of the Town of Saratoga recognizes the need for a fund transfer to cover
additional expenses, therefore be it
RESOLVED, by the Town Board of the Town of Saratoga to transfer
$5,742 from Contingency Account # A1990.4 to Account # A 9010.8
Retirement.�
Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman
Bruce Cornell � aye, and Councilman Michael McLoughlin - aye.� Carried 5� 0.�
Communications:
Helen Endres, Director of
Public Health, Saratoga County provided the following regional flu clinic schedule
for the 2005-2006 flu season:
November
28 � Ballston Spa Senior Center -� 9:00
� 11:00 a.m.
December
5 � Hadley Town Hall � 9:00 � 11:00 a.m.
December
9 � Shenendehowa Senior Center � 1:00 � 3:00 p.m.
December
16 � Town of Moreau Community Center � 9:00 � Noon
Mayor John Sherman has requested a meeting for
discussion of the installation of the Diorama
at the Village�s Visitor Center.� Supervisor
Thomas Wood has spoken with Mayor Sherman and a meeting will be scheduled with
Sean Kelleher.
Supervisor
Thomas Wood announced that Home Energy
Assistance Program (HEAP) Applications are available at the Town Clerk�s
Office.�
Privilege of the Floor:
Lawrence
Mitchell, 115
Schuyler St., presented the board with a letter regarding the fire
departments/districts in the town.� He
asked if they would read it and he would answer any questions that arise.�
David Hall, stated that there are �S�
curves on Louden Road and he questioned where the proposed housing
development�s (PUD) road would be coming out on Louden Rd.� It was noted that the Planning Board would
address that issue when and if it goes to them.�
Clarence
Fosdick
suggested regarding the proposed subdivision on Rt. 29 and Louden Rd., that the
access to Louden Road should be widened for better site distance.� This could be accomplished by the developer
purchasing the corner lot.�
Councilman
Charles Hanehan congratulated the winning candidates in the recent election.
Upcoming meetings:
v
Building committee �
Wednesday, November 16, 2005 at 6:00 p.m.
v
Special Town Board Meeting �
Wednesday, November 16, 2005 at 8:00 p.m.
v
Building committee -
Wednesday, December 7th at 6:00 p.m.
v
Town Board Agenda meeting �
Thursday, December 8th at 7:00 p.m.
v
Town Board Regular meeting �
Monday, December 12th at 7:00 p.m.
Audit the Bills: Per abstract 11/10/2005 (11G): General A $17,686.52, General B $613.52, Youth $464.60, (11H): Highway Outside $31,926.36, Building Reserve $1,673.95, and Trust & Agency $405.72 for a total expense of $52,770.67.
�
A motion to adjourn at 9:34 p.m. was made by Councilman Fred Drumm and seconded by Councilman Bruce Cornell.� Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilman Bruce Cornell � aye, Councilman Michael McLoughlin � aye
Carried 5 � 0.
Respectfully Submitted,
Ruth Drumm
Town Clerk