PUBLICHEARING
APRIL13, 2004
Supervisor Hargrave opened the public hearing at
PRESENT: Supervisor George Hargrave Councilman Michael Tillson
Councilman William Topper
ABSENT: Councilwoman Susan Sutch Councilman Charles Quinlan
OTHERS PRESENT: K. Parker, Gazette Reporter; L. Sanders, Code Enforcement Officer & M. DeFoe, Town Clerk.
Town Clerk read the legal notice as printed in the Daily
Gazette on
REGULAR MEETING
Supervisor Hargrave called the meeting to order at
PRESENT: Supervisor George Hargrave Councilman Michael Tillson Councilman
William Topper Councilwoman Susan
Sutch
Councilman
Charles Quinlan
OTHER PRESENT: D. Meager, Insurance Agent; P. Keeler, Historian; K. Parker, Gazette Reporter; S. Pandori, Library; T. O’Brien, Dog Control Officer; T. Killeen, Assessor; P. Dobo; L. Sanders, Code Enforcement Officer; P. Becker, Deputy Highway Superintendent & M. DeFoe, Town Clerk.
Pledge to the Flag
A motion was made by Councilman Topper, seconded by
Councilman Quinlan to approve the minutes of the
All ayes. MOTION
CARRIED
Communications – Town Clerk read correspondence received
by fax today from Pamela Hargrave & Scott Welch of
David Meager from the Round Lake Office of Adirondack Trust
Insurance gave an overview of the Town of
Privilege of the Floor – Peter Dobo from
COMMITTEE REPORTS:
Library – S. Pandori stated out with a “Thank You”
to the Highway Department for their help when a car was stuck in soft ground over
dry well at library. Sara stated that
she would give Councilman Topper the building and ground persons name to
discuss further this on going problem.
Circulation for March was over 1900 books and materials, this is a 35%
increase over last March. She read
stories at the Lioness Breakfast with the Easter Bunny held at school. This Friday they will hold a program for
children “Butterflies in a Bag”. This
and another program were funded by an Art Council Grant. In May the pre-school will come for their
annual field trip. They will also have
an after school program in May, where a representative from Cornell Cooperative
Extension will do a program on gardening with children. They have 2-3 children programs planned per
week for the summer. Ballston Spa
National Bank has given them $1,000.00 again this year towards summer reading
program. Historian – P. Keeler advised
board of Silver Anniversary for Pantry.
Pantry was established in 1979 with the help of Liz Feulner. This year thanks to the Galway Lions, the
pantry operates out of a new facility which was previously the
LIAISON REPORTS: Planning Board – Councilman Tillson
stated that Planning board granted final approval to Rue Kemmerling for a 3-lot
subdivision on Jockey Street & Ballston-Galway Road. Final approval was granted to Edward Gorga
for a 2-lot subdivision on
Councilman Topper made a motion, seconded by Councilman Tillson
to approve the General Abstract of Vouchers (A) dated
All ayes. MOTION
CARRIED
Councilman Quinlan made a motion, seconded by Councilwoman Sutch
to approve the General Abstract of Vouchers (B) dated
All ayes. MOTION
CARRIED
Supervisor Hargrave stated that there was $41,785.00 voucher
in this abstract for a John Deere tractor to be used for mowing of
shoulders. Councilwoman Sutch made a
motion, seconded by Councilman Topper to approve the Highway Abstract of
Vouchers (DA) dated
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilwoman Sutch
to approve the Highway Abstract of Vouchers (DB) dated
All ayes. MOTION
CARRIED
Councilman Quinlan made a motion, seconded by Councilman Topper
to approve the Lighting District Abstract of Vouchers (SL) dated
All ayes. MOTION
CARRIED
Councilman Topper made a motion, seconded by Councilman Quinlan
to approve the Supervisor’s Operating Statement for the period ending
All ayes. MOTION
CARRIED
MOTIONS & RESOLUTIONS
RESOLUTION # 20-2004
– Approval of Local Law # 1-2004.
Councilwoman Sutch noted that the following changes were being made to
Section 2 regarding time frame from 45 days to 62 days. Also Section 5 wording changed to read: This law shall take effect upon filing with
the Secretary of State and shall remain in effect until six months from that
date. On a motion of Councilman Topper,
seconded by Councilwoman Sutch the following resolution was ADOPTED with stated
changes by ROLL CALL VOTE :
Supervisor George Hargrave – Aye Councilman
Michael Tillson – Aye
Councilman William Topper – Aye Councilwoman
Susan Sutch – Aye
Councilman Charles Quinlan - Aye
RESOLVED that the Galway Town Board approve:
LOCAL LAW NO. 1 OF THE
YEAR 2004
A LOCAL LAW: ESTABLISHING A SIX MONTH TEMPORARY MORATORIUM
ON THE CONSIDERATION FOR APPROVAL OF MAJOR SUBDIVISION APPLICATIONS AND PLANNED
DEVELOPMENT DISTRICTS APPLICATIONS BY THE
BE IT ENACTED BY THE TOWN BOARD
OF THE TOWN OF
The Town of
There is enacted a temporary moratorium on the further consideration or approval by the Galway Town Planning Board of any subdivision or planned development districts applications within the Town which consists of more than four lots. This moratorium shall continue for a period of six months from the effective date of this local law. It is intended that this local law expressly supercede the provisions of Section 276(6) of the New York Town Law requiring that the Planning Board act on applications for final plat approval within 62 days of their submission.
The Town of Galway is cognizant that any
projects which have been previously submitted to the Galway Planning Board and
are actively being pursued with the Town shall not be affected by the proposed
and/or potentially necessary amendments to the Zoning Ordinance and shall
therefore be exempt from the moratorium and that minor subdivisions as
previously defined be the town through enactment of legislation, together with
minor additions to existing uses, be it residential, agricultural, or
commercial, so long as such uses have been determined to not cause deleterious
effects and/or effect the safety and well being of the citizens of Galway and
shall also be exempted from the proposed moratorium so long as they are in strict
compliance with the Zoning and Use regulations currently in effect in the Town
of Galway. These actions may be exempted
after review based upon consideration of the health, safety, welfare, and
aesthetics within the Town of
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this law shall not affect the validity of any other part of this law which can be given effect without such part or parts.
This law shall take effect upon filing with the Secretary of State and shall remain in effect until six months from that date.
All ayes. MOTION CARRIED
RESOLUTION # 21-2004
– Designation of Town Board as Lead Agency for the purpose of conducting an environmental
review of the proposed construction of a town highway garage. On a motion of Councilman Quinlan, seconded by
Councilman Tillson the following resolution was ADOPTED by ROLL CALL VOTE:
Supervisor George Hargrave – Aye Councilman
Michael Tillson – Aye
Councilman William Topper – Aye Councilwoman
Susan Sutch – Aye
Councilman Charles Quinlan – Aye
RESOLVED that the Galway Town Board designate
the Town of Galway Town Board as “Lead Agency” for the purpose of conducting an
environmental review of the proposed construction of a town highway garage and
offices on town lands north of Hermance Road and east of NYS Route 147.
WHEREAS, the Galway Town Board proposes to undertake the
construction of a town highway garage and ancillary office space of
approximately 10,000 SF on town lands (
WHEREAS, the approval of said project is an “unlisted” action
subject to the provisions of the
WHEREAS, the provisions of SEQR require the designation of a “Lead Agency” to determine the environmental significance of the Action, and
WHEREAS this Town Board has determined that no other agencies are involved in the review or approval of the action, now therefore be it,
RESOLVED that the Town of
All ayes. MOTION
CARRIED
RESOLUTION #
22-2004 – Authorization that the Town Board as lead agency has prepared
and is filing a negative SEQR Declaration.
On a motion of Councilman Topper, seconded by Councilman Tillson the
following resolution was ADOPTED by ROLL CALL VOTE:
Supervisor George Hargrave – Aye Councilman
Michael Tillson – Aye
Councilman William Topper – Aye Councilwoman
Susan Sutch – Aye
Councilman Charles Quinlan – Aye
RESOLVED
that the Galway Town Board as Lead Agency authorize the preparation of a
negative SEQR Declaration.
WHEREAS, the Town of
WHEREAS, the “Lead Agency” has caused the appropriate and necessary forms and materials pertaining to its 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 will not cause significant negative impact to the environment, now, therefore, be it
RESOLVED, that
this agency, as the designated “Lead Agency”, shall cause the preparation and
filing of a Negative Declaration pertaining to the proposed
All
ayes. MOTION
CARRIED
RESOLUTION # 23-2004 – Authorization to issue bonds in the amount of $600,000 for the construction of town highway garage, subject to referendum if so petitioned. Councilwoman Sutch would like to have town bond as much as they can upfront and pay down if so desired as funds permit. The following resolution was offered by Councilman Topper, seconded by Councilman Tillson, to wit;
BOND RESOLUTION DATED
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE
TOWN OF
BE IT
RESOLVED, by the Town Board of the Town of
SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the construction of an approximately 10,000 square-foot, pre-engineered steel-frame highway garage on property owned by the Town off Route 147/Sacandaga Road in the Town. The estimated maximum cost of said purpose is $600,000.
SECTION 2. The Town Board plans to finance the total cost of said purpose by the issuance of serial bonds of the Town in an amount not to exceed $600,000, hereby authorized to be issued therefore pursuant to the Local Finance Law.
SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 11(a) of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is thirty (30) years.
SECTION 4. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will be in excess of five (5) years.
SECTION 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of said bonds.
SECTION 6. The
proceeds of the bonds authorized by this resolution, and any notes issued in
anticipation thereof, may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the specific purposes set
forth herein. This resolution shall
constitute a statement of official intent for purposes of Treasury Regulation
Section 1.150-2 of the
SECTION 7. Each of the bonds authorized by this resolution, and any notes issued in anticipation thereof, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on said bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable.
SECTION 8. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes, and the power to prescribe the terms, form and contents of said serial bonds and said bond anticipation notes (including, without limitation, dates, denominations, maturities, interest payment dates, consolidation with other issues, manner of execution and redemption rights), and the power to determine to issue said bonds providing for substantially level or declining debt service, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds, are hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Town Clerk is hereby authorized to affix the corporate seal of the Town to any of said serial bonds or any bond anticipation notes and to attest such seal.
SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt obligations” in accordance with Section 265(b) (3) of the Code.
SECTION 10. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
(1) Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 11. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in The Daily Gazette, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, after the period of time shall have elapsed for the submission and filing of a petition for a permissive referendum and a valid petition shall not have been submitted and filed.
SECTION 12. This resolution is adopted subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was
duly put to vote on a roll call, which resulted as follows:
Supervisor George Hargrave VOTING AYE
Councilman Charles Quinlan VOTING
AYE
Councilwoman Susan Sutch VOTING AYE
Councilman Michael Tillson VOTING AYE
Councilman William Topper VOTING AYE
The foregoing resolution was thereupon declared duly adopted.
RESOLUTION #
24-2004 – Speed limit reduction request for north end of
RESOLVED
that the Galway Town Board authorize a request to be sent to the NYS Regional
Traffic Engineer requesting a reduction in the speed limit on the north end of
Armer Road in the Town of Galway.
All
ayes
Supervisor Hargrave went over the time line for the bond from Walsh & Walsh.
With reference to the noise ordinance the Supervisor stated
that he would answer Mr. Dobo’s questions.
Supervisor Hargrave stated that the Zoning Review Committee is still
working on changes to the Zoning Law.
Once they have completed their review, the Town Board will have hearing
to review any proposed changes to that law.
Councilman Quinlan stated that the Town of
On a motion of Councilwoman Sutch, seconded by Councilman
Topper the board went into executive session at
All
ayes
The board resumed their regular meeting at
Councilman Topper made a motion, seconded by Councilwoman Sutch
to adjourn the meeting at
All ayes MOTION
CARRIED
Respectfully submitted,