DRAFT MINUTES OF THE TOWN OF SARATOGA
�REMOTE TOWN BOARD ZOOM MEETING
12 SPRING ST., SCHUYLERVILLE, NY
JULY 13, 2020
7:00 P.M.
Supervisor Thomas Wood opened the meeting at 7:01 p.m. and welcomed everyone to the remote zoom meeting.
Roll call: Town Clerk, Linda McCabe, called
the roll:� Supervisor Thomas Wood-
present, Councilman Michael McLoughlin � absent (zoomed in at 7:03 p.m.), Councilman
James Jennings � present, Councilman Gary Squires - present, Councilwoman Ruth
Drumm - present.
Others
present: Zoning Officer Gil Albert, Deputy Clerk Michelle Conover, Attorney William
Reynolds, Highway Superintendent Don Ormsby and Mr. & Mrs. John Fortune.
Approval of Minutes: A motion was made by Councilman
Gary Squires and seconded by Councilwoman Ruth Drumm, to accept the July 13, 2020
Remote Regular Meeting minutes as written.�
Roll Call vote as follows: Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin � absent, Councilman James Jennings � aye, Councilman Gary
Squires - aye, Councilwoman Ruth Drumm - aye.
Carried �4- 0
Supervisor
Thomas Wood stated the Town monthly reports of the Town Clerk, Zoning Officer,
Dog Control Officer, Highway Superintendent and the Supervisor�s Financial
report are in the Board�s packets, as well as on file in the Town Clerk�s office;
the Board can read those at their homes. ��
The
following is the Supervisor�s Financial report for the month of June:
�
����������������������� ����� �SUPERVISOR�S REPORT JUNE 2020
����������������� GENERAL FUND � TOWNWIDE (A FUND)����
����������������������������������
����� ����������� Balance
on hand 6/1/2020������ ���������� �$� 931,466.59
����������������� Revenues������������� ������������������ ����������� �+ ���15,055.67
����������������� Disbursements��������� �������������������������� �- ����57,621.46
����������������� Balance 6/30/2020����������������� ������ ������$ �888,900.80
�����������������
����������������� GENERAL FUND � OUTSIDE VILLAGE (B FUND)
����� ����������� Balance
on hand 6/1/2020���������� ������ �$1,680,306.51
����������������� Revenues�������������� ����������������� ����������� +� ���������341.50
����������������� Disbursements����� ������������������������������ �-� ������4,301.39
����������������� Balance 6/30/2020���������������� ����������� �$1,676,346.62
����������������� HIGHWAY FUND � OUTSIDE VILLAGE (DB FUND)
����������������� Balance on hand 6/1/2020����������� ��������$ ��816,573.58
����������������� Revenues����������� �������������������� ��������������+� ���71,119.87
����� ����������� Disbursements���������������� ������������������� ��- ���183,904.80
����������������� Balance 6/30/2020���������������� ������������ �$ ���703,788.65
SCHUYLER PARK CAPITAL PROJECT� 6/30/2020������ ������������ ����������� $177,070.61
YOUTH RECREATION & SERVICE� 6/30/2020 ������������������������� ����������� $� ��8,673.85
����������������� ���������������� ������������������������������������������
HIGHWAY EQUIPMENT RESERVE� 6/30/2020������������ ������������ ����������� $ 202,187.53
BUILDING RESERVE� 6/30/2020��
����������������������������������������������� ����������� $ 367,932.86
�����������������
SCENIC BY WAYS QRTRLY 6/30/2020���� ��������������������������������� ����������� $
������311.69���
PARKS RESERVE� 6/30/2020��������������������������������� ������� ��������������� ����������� $
356,956.55
TRUST & AGENCY�
6/30/2020������ � ��������� ����������������������������������������������� $
��18,968.81
HOME IMPROVEMENT GRANT 2 6/30/2020����������������������������������� ������ $��
�����113.53
(holding checks until funds are deposited)
������������ ���������������������������������
HISTORIC HUDSON HOOSICK RIVER 6/30/2020������������������������������������������ �������$ ��12,101.36
CDBG PROJECT �6/30/2020������������������������������������������������������������������������ $�� ----------- ����
PROPERTY TAX CAP RESERVE 6/30/2020������������������������������������� � �����$ ����1,310.68
GFNB Certificate of Deposit 6/30/2020�������������������������������������������������
������$ 500,000.00
NYCLASS 6/30/2020����������������������������������������������������������������������������������������������� $
701,625.86
Sales Tax received for June - $69,758.00
Mortgage Tax received for May -
$25,662.00
Supervisor
Thomas Wood thanked Mr. and Mrs. Fortune for joining the meeting and stated they
are neighbors to the property on Rt. 9P where the balcony/deck collapsed.� He then told Mr. Fortune the Town Board will
be happy to hear him once they get to Airbnbs a bit further in the meeting.� Mr. Fortune thanked Supervisor Thomas Wood.
Supervisor
Thomas Wood and the Town Board discussed re-opening Schuyler Park.� He stated according to Governor Cuomo certain
activities can now occur at parks.� The
Town of Saratoga would support opening the athletic fields and pavilions, but
there are concerns with opening the playground.�
He believes the Town should fence off the playground at this time with
snow fencing.�
Councilman
Gary Squires agreed, especially as young children don�t understand social
distancing.�
Supervisor
Thomas Wood said he had spoken with Highway Superintendent Don Ormsby and was
told the highway department has 4 feet high, yellow snow fencing and they will
encircle the playground with that fencing.�
He said they will also need to post �Off Limit Until Further Notice� signs
at the playground, along with the 6 feet Social Distancing signs.�
Highway
Superintendent Don Ormsby said he�ll get this done first thing in the morning.�
The
Town Board agreed with these steps and Supervisor Thomas Wood stated he will pass
this information onto Laurie Griffen, for the Schuyler Park Committee.
Supervisor
Thomas Wood noted the Town Board has been supplied with updated COVID
information from the County Public Health Department and that the
information
was in their packets which they can review at their leisure.
Supervisor
Thomas Wood reviewed health insurance options with the Town Board, as they come
due August first.� One plan is for active
employees and the other plan is for pre-65 years of age retirees.� The Silver Plan has increased .2% and the Gold
Plan has increased 5.1%, modest increases compared to last year�s 10%
increase.� These have the same policy
coverages, with slight increases.� He
recommended going with these plans; the Town Board agreed.
Supervisor
Thomas Wood then updated the Town Board concerning the damage incurred at the
Town Hall from the serious electrical storm of May 15, 2020.� The air conditioning condensers for the
Schuyler Room were fried when the building was struck by lightning, which must
be fixed.� The Bookkeeper�s office also sustained
computer back-up damage.� The cost of
replacing the two condensers is $3,900 each for a total of $7,800.� He stated our deductible is $2,500 and our insurance
company will stand behind us, so our net cost should be $2,500. �
Supervisor
Thomas Wood introduced Mr. & Mrs. John and Colleen Fortune and asked them
to speak to the Town Board concerning the Airbnbs.�
Mr.
Fortune stated they live at 1223 Rt. 9P, 350 feet from the Airbnb where the balcony/deck
collapsed on the lake side.� His property
has been in his family for 42 years, but these Airbnbs are party houses.� Across the street from them is another Airbnb,
owned by the same owner as the one with the collapsed balcony/deck. �There is a lot of overcrowding on those
properties as they are listed for a certain number of occupants, but there are always
more.� If you check snapchat and one of
the owner�s apps, they are advertised under different names and they advertise for
Singles, Groups and Parties.� They are
loud.� There is no thought to how this
affects the neighbors.� They had a party
beginning at 2 in the afternoon which continued through the night with karaoke outside
at 3:30 a.m. �The Airbnb have a driveway along
the road on Rt. 9P and that area of the road is not in the greatest shape.� NYS DOT has had problems with the retaining
wall in that area due to erosion and they�ve made some repairs to it, but the
renters of those Airbnbs park a lot of cars all along the road, and when the
Fortune�s came home they found people from the Airbnb parked in their own
driveway spots, and their neighbor said the renters have done this with other
homeowner�s parking areas as well.� When
emergency services have to come, they have to park in the middle of Rt. 9P,
holding traffic up for everyone out there, as there is nowhere for them to go,
so the Board may want to consider that aspect as well.� The owner doesn�t live there, and rents both his
properties out as party areas. �Mrs.
Fortune stated that it used to be peaceful there, but with these non-owner-occupied
Airbnbs bringing in 20 � 50 people it is very loud.� If they want to go out on their own deck to
enjoy an evening with family and or friends, which include small children, you
hear people swearing and getting extremely drunk and it�s very embarrassing;
the renters don�t respect other people at all.�
Mr. Fortune said the Town needs to be concerned about the liability
aspect of this as well, because if someone gets hurt they may go after the Town
and question what are the Town�s rules and regulations for this, does the Town
have anything in place? �The Town may be
subject to liability because there are no regulations in place.� The Board needs to think about regulations, parking,
fining the owners, etcetera.� Mr. Fortune
also has concerns that the owner is going to rebuild and the same thing will
happen again.� They can call the sheriff�s
department and they�ll issue a few warnings and maybe issue some fines, but as
the renters are only there for a weekend, or a few days, they don�t care.� The owner doesn�t live there, but should take
on the responsibility of being penalized for something like that.� Again, it�s advertised under different names
as mentioned earlier, such as Lads Last Stand, Party House, Speak Easy.� They reminded the Town Board that the house
across the street is owned by the same owner and is also an Airbnb.� They thanked the Board for listening to them.
Supervisor
Thomas Wood stated he appreciates their first hand, direct information of what
is going on there. He asked Building Inspector Gil Albert to speak to this.
Building
Inspector Gil Albert stated he and Town Engineer Ken Martin went out that night
and looked at the deck and found faulty workmanship from whenever it was built.� The went out the following day to check the
other decks, which are alright, but not built quite the way he would have built
them.� He required an engineer�s letter from
them stating that the existing decks are not in imminent danger of collapsing,
as that upper deck was not flashed properly when attached to the wall and only
had 4 lags going into the house and those weren�t long enough.� He received a letter on Friday with
recommendations to make it better, to install it properly, and to make it
stronger to prevent the existing decks from collapsing in future. �The owners will take care of that, as well as
removing the collapsed deck and they�d like to rebuild it properly.� He is requiring engineered plans from them
and they�ll go from there.� It looks like
that was done in 2004 and upon looking at the paperwork for that property, the
upper deck was not part of the original plans, no permits were issued for it
nor inspected/approved when it was done.�
Supervisor
Thomas Wood stated they dodged a bullet as there could have been a major
catastrophe there, with more seriously injured people or even someone killed
and we don�t want that to happen. �It
sounds like Building Inspector Gil Albert has good control for the rebuild. �
Building
Inspector Gil Albert added the Airbnbs should go through the permitting process,
annual inspections with inspection fees, adding we need Town legislation with
teeth in it.
Councilman
Gary Squires agreed and stated they should also add nuisance control and
parking fines.�
Supervisor
Thomas Wood agreed, stating that permit will be our ace in a deck of cards; if
they violate, the Town needs to heavily fine them and pull their permit to
continue doing business as an Airbnb.�
This problem is everywhere and we have a lot of Airbnbs in our Town and need
to get control of this.� He then told Mr.
and Mrs. Fortune the Town Board will pass a resolution this evening authorizing
Town Attorney William Reynolds to begin gathering information in order to draft
new legislation for non-owner occupied Airbnb.�
He encouraged Town Attorney William Reynolds to look at other towns to
review their regulations concerning Airbnb.�
Attorney
William Reynolds said he�ll take a look at other municipalities and come up with
some suggestions for the Town Board and go from there.�
Building
Inspector Gil Albert stated he will put the owners of this Airbnb on notice
and
that the process of drafting legislation, may take a couple of months.�
Supervisor
Thomas Wood stated earlier in the year the Town Board approved having Tracy
Clothier, of the L.A. Group, apply for a $30,000 grant to update the Town�s
Comprehensive Plan.� We did not receive
that grant, but we did receive a $7,100 grant from Saratoga County.� He told the Town Board he�s asked Tracy
Clothier to come up with a modified plan proposal.� She did so, including scheduled group
meetings and large community gatherings, but due to the virus he has some
concerns with this.� He questioned if the
Town Board wanted to go forward or hold off for the time being.� The Town Board agreed this should be put on hold
due to the corona virus.� Supervisor
Thomas Wood stated he will contact Tracy Clothier and tell her we�ll hold off
for now.� He then told the Board that
Hudson River Valley Greenway has a new cycle of grants, applications due by
August 9th and if the Board approves, he will have Tracy Clothier apply for a $75,000
Grant for Planning and Trail Work, adding there is no cost to the Town.� The Town Board approved.
Supervisor
Thomas Wood then told the Town Board that the Schuylerville Chamber of Commerce
contacted him and offered to gift the Town with two docks they have, which originally
were built for the Saratoga Rowing Association�s regattas that were held in
Schuylerville.� As they no longer hold
their regattas in the Village of Schuylerville, they no longer have need of the
docks.� They need to be resurfaced/redocked,
which Councilman Michael McLoughlin said will cost approximately $800.� Supervisor Thomas Wood then stated that the
Saratoga Rowing Association will bring the docks over and put them in at the
Rt. 4 boat launch, although he doesn�t have the time line when that will be done.
Supervisor
Thomas Wood discussed hydrofracking with the Town Board.� The Town has a �no hydrofracking� in place
for the Brown Road PUD/Subdivision properties, but no where else in the
town.� He stated some hydrofracking has
occurred at the lake and a neighbor�s well sustained damage from it.� Supervisor Thomas Wood stated he would like
the Town Attorney to put some regulations together.�
Building
Inspector Gil Albert stated they need to do something around the Lake District
and Rural District 2, especially for residential developers.� It won�t affect the farmers, it would be
strictly for developments and should be done sooner than later as hydrofracking
damage can be far reaching.�
Councilman
James Jennings stated the neighbors should be protected and persons hydrofracking
should compensate any damages done to neighboring wells or property.
Attorney
William Reynolds told Supervisor Thomas Wood to have the complainant put it in
writing either via email or longhand and before he�ll put some regulations
together, the Supervisor needs to get the Engineer to put together information
on hydrofracking.�
Supervisor
Thomas Wood reminded the Town Board that the service contract signed last year
for generator services will expire at the end of the month, as it was a one
year agreement.� The new contract is for
$900, which includes every aspect of the generator, including oil change,
filter change, coolant; anything relative to the operation of the unit.� He reminded the Board that we are a warming
station in case of power outages and we housed many seniors during last winter�s
storms as well.� He believes we should go
forward with this.
Councilman
James Jennings asked to review the contract and Supervisor Thomas Wood saw that
he received a copy to review.
Supervisor
Thomas Wood noted that the AUD is complete and has been submitted.� BST auditors have been in working this week
and will return next week.
New
business: �Supervisor
Thomas Wood thanked the Town Council for coming in and auditing the bills earlier
today.�
On
a motion by Councilman Michael McLoughlin and seconded by Councilman Gary Squires,
the following Resolution #20-59 � Authorization for Health Insurance
Plans, was adopted by roll call vote:�
Supervisor Thomas Wood - aye, Councilman
Michael McLoughlin � aye, Councilman James Jennings � aye, Councilman Gary
Squires - aye, Councilwoman Ruth Drumm - aye.�
Carried
�5 - 0
WHEREAS, on an annual basis the Town Board enters into insurance
contracts to provide health insurance coverage for eligible employees; and
WHEREAS,
the Board has reviewed proposals
for contracts to commence August 1, 2020; now, therefore be it �
����������� RESOLVED, that the Town Supervisor
is authorized to sign a contract for health insurance benefits for eligible Retired
Employees with Capital District Physicians Health Plan for their CDPHP SUSF 4367
HDEPO 320 SILVER effective August 1, 2020 for a one year term. The deductible
will be reimbursed by the Town through a special account that CDPHP can
withdraw deductibles from as needed. �Due
to the increase of premium, the Town will pay the first $1500.00 of deductibles
for single plans and the first $3,000.00 for family plans as currently being done.
�Since the deductibles have increased
beyond the $1,500.00/$3,000.00, the Retired Employee and the Town will each pay
50% of the increased $300.00/$600.00 deductible ($150.00/$300.00 each); and be it
further
� ��������� RESOLVED,
that the Town Supervisor is authorized to sign a contract for health insurance
benefits for Fulltime Active Employees, with Capital District Physicians Health
Plan for their CDPHP SUGFE 046 EMBRACE HEALTH EPO COPAYMENT 221 GOLD, with the Town
and Employee splitting the $500 deductible 50/50; $250 town, $250 insured employee
for the employee and spouse plan.� ������������������������������������������������������
Supervisor Thomas Wood replied that is correct.�
Attorney William Reynolds responded he has no
problem doing the resolution, but this has to be done when you want a local law
and he isn�t sure nor believes they�re at least a month or more away from
that.� He added he�d like this one
dropped for now.
�
Supervisor Thomas Wood replied that Attorney
William Reynolds is to go ahead and do the work and have it prepared for next
month�s meeting.�
Attorney William Reynolds responded some ideas,
yes.�
Supervisor Thomas Wood questioned if the Town Board
is okay with that and the Town Board agreed.�
Zoning
Officer/Building Inspector Gil Albert stated once the attorney provides his
ideas, he finds it very important that those ideas go to the Planning and
Zoning Boards for their input.� He�d especially like to hear input from the Planning Board, as they are who
will be dealing with all this.�
Supervisor Thomas Wood agreed.� ��
Attorney William Reynolds said he can put
together some ideas and concepts, but is not prepared to write a local law at
this time.�
Supervisor Thomas Wood stated Attorney William
Reynolds believes it is premature to go forward with the resolution and said it
can be withdrawn.� He then asked Councilwoman
Ruth Drumm and Councilman James Jennings if they wanted to withdraw the motion;
Councilwoman Ruth Drumm and Councilman James Jennings �stated the motion is withdrawn.
On a motion by Councilman
Gary Squires and seconded by Councilman Michael McLoughlin, the following
Resolution #20-61 � Transfer of Funds-$10,000.00 From A1990.4 Contingency,
into A3989.4 Other Public Safety COVID Contractual, was adopted by roll call
vote:� Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman
James Jennings � aye, Councilman Gary Squires - aye, Councilwoman Ruth Drumm -
aye.�
Carried �5 - 0
WHEREAS,
there are un-appropriated funds
in the A1990.4 Contingency account; now therefore be it
RESOLVED,
by the Town Board of the Town of
Saratoga, to transfer $10,000.00 from A1990.4 Contingency, into A3989.04 Other
Public Safety � Covid Contractual account, to cover expenses due to Covid-19
for 2020.
On a motion by Councilman
James Jennings and seconded by Councilman Gary Squires, the following
Resolution #20-62 � Transfer of Funds-$3,000.00 From A1990.4
Contingency, into A1220.4 Supervisor Contractual, was adopted by roll call
vote:� Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman
James Jennings � aye, Councilman Gary Squires - aye, Councilwoman Ruth Drumm -
aye.�
Carried �5 - 0
WHEREAS,
there are un-appropriated funds
in the A1990.4 Contingency account; now therefore be it
RESOLVED,
by the Town Board of the Town of
Saratoga, to transfer $3,000.00 from A1990.4 Contingency, into A1220.4 Supervisor
Contractual to cover software support.
Attorney
William Reynolds updated the Board concerning the Walnut St. �paper road�.� stating he had a conversation with Michael
Whitney�s attorney concerning this. It shows up on the maps, but his position
is we don�t own it and when property owners request, have them survey it and do
a quit claim deed and sign off.� The
property owner�s attorney will file the quit claim deed and there�s no cost to
the Town.� He noted there are a series of
properties along this paper road and that we don�t need to get involved.
Councilman
James Jennings believes we should inform the other neighbors along that area of
the road and let them know.�
Supervisor
Thomas Wood agreed and will reach out to those residents.� He stated we will hold off and do a formal
resolution next month if the Board agrees; the Board agreed to wait another
month.
Upcoming
meetings:
v Tentative Agenda meeting �
Thurs., August 6, 2020 at 7 p.m.
v Tentative Regular Town Board
meeting �Mon., August 10, 2020 at 7 p.m. �
Audit the Bills: On a motion by Councilwoman Ruth Drumm and seconded
by Councilman Michael McLoughlin, the
following Resolution #20-63 - Approving the
Payment of
Bills in Abstract 7G of 2020 was adopted by roll call vote: Supervisor Thomas Wood
- aye, Councilman Michael McLoughlin � aye, Councilman James Jennings � aye,
Councilman Gary Squires - aye, Councilwoman Ruth Drumm - aye.�
Carried
�5 - 0
RESOLVED,
by the Town Board of the Town of Saratoga to authorize
payment of the bills listed in Abstract 7G
of 2020 in the following amounts:
����������� General
Fund DB ��� No. 496 � 509 ����������� ����������� ����������� $
�10,141.58
����������� General
Fund A������� No. 433, 434, 437, 438, 452
- 454,���� $� 17,864.62
�������������������������� ���������������������457 � 464, 466 � 486, 510
����������� General
Fund B������� No. 486 -489�� ����������� ����������������������� $� ��1,145.66
����������� Schuyler
Park H������� No. 450, 490�������������������������������������� $ ������467.66
����������� Hudson-Hoosic��������� No. 436, 491 - 495����� ����������������������� $
���9,059.20
�����������
����������� ����� ����� ����������������������� Grand
Total �$ ��38,920.17
A motion to adjourn was made by Councilman Michael McLoughlin, seconded by Councilman Gary Squires, at 8:07 p.m. ��Roll Call vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin � aye, Councilman James Jennings � aye, Councilman Gary Squires - aye, Councilwoman Ruth Drumm - aye.�
Carried ��5 - 0
Meeting Adjourned
Respectfully Submitted,
Linda A. McCabe
Town Clerk