REGULAR MEETING
AUGUST 10, 2004
Supervisor Hargrave called the meeting to order at 7:30 p.m. The following Town Board Members were present:
PRESENT: Supervisor George Hargrave Councilman Michael Tillson Councilwoman
Susan Sutch Councilman
Charles Quinlan
Councilman William Topper
arrived late at
OTHER PRESENT: D. DeRidder; B. Schlueter; J. DeLaFleur; P. Keeler; E. Keeler; P. Dobo; C. DeJesus; T. Killeen, Assessor; T. O’Brien, Dog Control Officer; C.W. Hansen, Highway Superintendent & M. DeFoe, Town Clerk.
Pledge to the Flag
A motion was made by Councilwoman Sutch, seconded by
Councilman Quinlan to approve the minutes of the July 13, 2004 meeting as
submitted.
All ayes. MOTION
CARRIED
Communications – Bids received and open 8/2/04 10:00 a.m. New Highway Garage:
General Contractor Bids Amount Bid Alternate #1 (Insulation)
Munter Enterprises $393,800 $1,140
Mercer $431,781 $1,770
Stephen Miller $449,500 $4,000
Mechanical Bids Amount
Bid Alternate #1
(Insulation)
Mercer (Withdrawn) $105,120 $ 6,180
Lenz $139,900 $10,000
Family Danz $160,913 $ 4,990
Electrical Bids Amount
Bid Alternate #1
(Air Condition)
Harold R. Clune $
97,800 $ 520
J. McBain Inc. $107,000 $1,300
Lenz Hardware $112,900 $1,100
Note: Mercer’s
Mechanical Bid was withdrawn by letter dated August 5, 2004.
Recommendations from Environmental Design Partnership regarding bids:
1). Consider awarding General
Construction Contract to Munter Enterprises, Inc. of Middle Grove, NY, low
bidder at $393,800.
2). Consider awarding the Electrical
Contract to Harold R. Clune, Inc. of Ballston Spa, NY, low bidder at $97,800.
3). Recommendation to re-bid Mechanical Contract for the purpose of obtaining
more than two proposals.
4). The General Contractor’s alternate for additional insulation appears to be
reasonable and acceptance should be considered.
Environmental Design Partnership will notify low bidders to begin preparation
of their Performance Bonds and other requirements upon authorization from Town
Board.
Town Clerks stated that all board members were given a copy of the following correspondence: Building department permit report for 7/1/04 to 7/31/04. Letter from Albert Dewey, Emergency Services Director for Saratoga County advising of mandatory meeting regarding FEMA reimbursement from storm damage in May- June 2004. Representative at this meeting must have Letter of Intent to apply for FEMA funding. Galway Public Library Proposed Budget for 2005. Letter from Galway Volunteer Fire Company regarding their Bi-Annual Report. Saratoga County Planning Board minutes for June 2004. Dog Control Officers report for July 2004. Saratoga County Self Insurance Plan advising that premiums due for the Town of Galway for 2005 will be $14,003.80. Letter from the Town of Milton Zoning Board of Appeals advising that public hearing will be held on the 26th of August at 7:00 p.m. to hear the variance request of Tetonic Engineering & Elaine Austro for placement of a cell tower at 6632 Middle Grove Road. Correspondence was received from Barrie Hampton of C & R Restaurant advising that he was applying to the State for renewal of his liquor license effective 9/1/04- 8/31/06. Legal Notice placed in the Daily Gazette on July 16, 2004 regarding notice to bidders on new highway garage proposal, sealed proposals will be received by the Office of the Town Clerk of the Town of Galway, 5910 Sacandaga Road, Galway, NY until 10:00 a.m. on August 2, 2004. Bid opening will be immediately following.
Privilege of the Floor – None.
COMMITTEE REPORTS:
Library – C.
DeJesus stated that circulation was up in July 20% from last year. Summer reading program now has about 160
children signed up. They had six special
programs held in July with a total of 138 children participating. Story hour is up in numbers for the summer,
and continues to be held every other Monday & Thursday. There were 33 new cards issued in July. Assessor – No Report. Public Safety – No Report. Property – Councilwoman Sutch stated
that she is just starting the annual property audit. Building & Grounds – No
Report. Supervisor Hargrave stated that
bids for new highway garage will be discussed later in meeting. Public Affairs – No Report. Historian – P. Keeler stated as a
result of the article in town newsletter, they had a number of Galway Veterans
complete the NYS Veterans Museum form and take part in the video
interview. They are now placed in the
Archives at the NYS Museum in Saratoga. Phyllis
is eager to help any interested Galway Veteran in their completion of this form
and setting up interview. Highway
– Highway Superintendent Hansen stated that they have just about completed all
paving. They will be trying a new top
coat application, “micro-pave” on Antioch Road & Hudson Road. He has made the decision to lay off CHIP
sealing busy roads, but will use on Alexander Road & Bell Road which are
both low volume roads. Bill requested
that board give him a letter of intent for FEMA meeting on the 18th. Sidewalk outside of Town Hall in front &
back of building will be pulled out and paved this week. Supervisor has a few quotes on sealing
parking lot, this will need to be taken care of before fall. Superintendent Hansen stated that he will be
ordering new road signs for “Rubacks Grove Road”, which was incorrectly signed
at some point.
Presentation by Edward Holohan of Penflex, Inc. – Doug DeRidder, Fire Chief
introduced Mr. Holohan to board. Mr.
Holohan went over his proposal for a benefit program for the town’s Volunteer
Fire Fighters. To precede with this
program the Town Board would have to make a resolution requesting proposal be
placed before township for an election.
Proposition would then be placed on ballot and residents would have to
have a majority vote in favor for it to be established. Town Clerk advised time frame for this item
to be placed on November ballot.
Councilwoman Sutch asked for clarification in the Actuarial Assumption
& Provision chart with reference to maximum years of prior service credit
being 5 years; prior service cost funding years is 10? The town would have up to 10 years to pay for
a firefighters 5 year prior service credit.
This is not considered a pension plan.
Fiduciary liability for these funds would be that of the town’s. Penflex, Inc. would hold actuarial assumption
liability. Fire Department has the
record keeping responsibility. The Town
Clerk had concerns regarding possible F.O.I.L. requests for information on
individual firefighters. She explained
that a F.O.I.L. request is required by law to be addressed within five business
days. If these records were not housed
at the town hall her ability to comply with this law is of concern. Mr. Holohan stated that all state audit
information for this plan will be covered in yearly statement from Penflex,
Inc. Councilwoman Sutch questioned if
each individual municipality sets their own investment guidelines for this type
of program? Mr. Holohan stated that was
correct. Councilwoman Sutch questioned
if these projected monthly benefits were firm, since the town had the fiduciary
responsibility on investments and may want to be conservative in their
investments? Mr. Holohan stated that
town would be guaranteeing these set monthly benefits. There are two ways to obtain this benefit,
tax payers & investment income. If
the town chose to go ultra conservative in their investing, they would be
responsible for the remainder of benefits.
Supervisor Hargrave stated that the board would need time to review information
before making a decision. Supervisor
Hargrave stated that town budget is set in November. Fire Department doesn’t have to provide
figures to board until March 31st.
Supervisor Hargrave has concerns with board coming up with an accurate
figure for tax purposes with only an estimated projection on these benefits
during budget time. Mr. Holohan will be
available to meet with board after they review information.
Committee Reports - County & Town – Supervisor Hargrave stated on county level
they are still working with APA on radio system. NYS Office for Technology is working with APA
on system recommendations. On town
level, we have started budget process.
Department heads have received their worksheets for budget figures.
LIAISON REPORTS: Planning Board – Councilman Tillson advised that Planning Board received a letter from Town of Broadalbin Planning Board regarding their review of a 2 lot subdivision for Ronald & Gail Opanhoske which straddles the Broadalbin Galway town lines. Broadalbin advising that they had no interest in that particular subdivision. The following applications received conceptual approval and were scheduled for public hearing in August: James McCauley, Sr. 2-lot subdivision on Donnan Road. Paul & Darcy Foust 3-lot subdivision on Perth Road. Ronald & Gail Opanhoske 2-lot subdivision on Spring Road. Henry & Doris Hersey 3-lot subdivision on Mechanic Street. Large part of meeting was taken up by the application of Pyramid Network Services-Cingular Wireless for a site plan review/special use permit to allow co-location of cellular antennas on existing cellular tower located at 2089 Route 29 property owned by George & Sandra Stanislowski & leased by Crown Castle. Youth – No Report. Supervisor Hargrave stated that Heather Tillson was a silver medal winner at the Empire State Games. Councilman Tillson stated that Galway team got silver medal for air rifle. ZBA – Councilman Quinlan stated that July meeting had three applications before board. All three variances were granted. There is one application set for August agenda. Senior Citizens – Councilwoman Sutch attended the senior meeting on the 15th. They will be attending the Mac-Haydn theatre on August 12th. BBQ was held here at Town Hall on the 5th, and very well attended by the seniors. Sonia Chase resigned from the Aging Advisory Board at County and Councilwoman Sutch had volunteered to take her position. Councilwoman Sutch was turned down by county for this position because she was not old enough. Ruth Gerardi has volunteered to take this position with county. Monroe Fun Band performed for seniors on July 15th. Antique appraiser will be in at next meeting of seniors.
RESOLUTION #
34-2004 – Budget Adjustments. On
a motion of Councilman Quinlan, seconded by Councilman Tillson the following
resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board
authorize the following budget adjustments:
Increase DA5140.1 Machinery $4,500.00
Decrease DA5140.4 Brush & Weeds $4,500.00
(Cutting of Brush now highway job)
Increase B7310.4 Youth Programs $3,000.00
Decrease B909 Fund Balance $3,000.00
(Grants from State will offset this)
Increase A5132.4 Garage $1,500.00
Decrease A7989.4 Rec. Field $1,500.00
(New Bldg. Engineering of $8,000 will be reimbursed from Bonding)
Increase DA5130.2 Machinery $16,750.00
Decrease DA909 Fund Balance $16,750.00
(Budgeted funds for Zipper)
All ayes MOTION
CARRIED
Councilman Quinlan made a motion, seconded by Councilman
Tillson to approve the General Abstract of Vouchers (A) dated 7/15/04 thru
8/4/04 for a total of $12,173.19.
All ayes. MOTION
CARRIED
Councilman Topper made a motion, seconded by Councilwoman
Sutch to approve the General Abstract of Vouchers (B) dated 7/15/04 thru 8/4/04
for a total of $8,896.30.
All ayes. MOTION
CARRIED
Councilman Quinlan made a motion, seconded by Councilman
Topper to approve the Highway Abstract of Vouchers (DA) dated 7/15/04 thru
8/6/04 for a total of $23,405.89.
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilwoman
Sutch to approve the Highway Abstract of Vouchers (DB) dated 7/15/04 thru
8/4/04 for a total of $10,249.41.
All ayes. MOTION
CARRIED
Councilman Topper made a motion, seconded by Councilman
Tillson to approve the Lighting District Abstract of Vouchers (SL) dated
7/15/04 thru 8/4/04 for a total of $84.45.
All ayes. MOTION
CARRIED
Councilwoman Sutch made a motion, seconded by Councilman
Quinlan to approve the Supervisor’s Operating Statement for the period ending
7/31/04.
All ayes. MOTION
CARRIED
MOTIONS & RESOLUTIONS
RESOLUTION #
35-2004 – Authorization for letter of intent for FEMA reimbursement for
May-June 2004 storms. On a motion of
Councilman Quinlan, seconded by Councilman Tillson the following resolution was
ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board
send a letter to FEMA advising that the Galway Town Board authorizes C.W.
Hansen, Highway Superintendent the authority to represent the Town of Galway
with a letter of intent with reference to applying for FEMA funding for storm
damage in the Town of Galway from May-June 2004.
All ayes. MOTION
CARRIED
RESOLUTION #
36-2004 – Accept low bid for general contractor on new highway building. Supervisor Hargrave stated that the
recommendation from the Town Engineer was to accept the low bid from Munter Enterprise for $393,800 and also the
alternate # 1 insulation for an additional $1,140. On a motion of Councilman Topper, seconded by
Councilman Tillson the following resolution was ADOPTED: AYES – 5
NAYS – 0
RESOLVED that the Galway Town Board
accept the low bid from Munter Enterprise for the General Contractor bid
portion on the new highway garage in the amount of $393,800 and the alternate #
1 insulation for an additional $1,140.00.
All ayes. MOTION
CARRIED
RESOLUTION #
37-2004 – Accept low bid for electrical contractor on new highway
building. Supervisor Hargrave stated
that the recommendation from the Town Engineer was to accept the low bid from
Harold R. Clune for $97,800 without the alternate air conditioning bid. On a motion of Councilman Tillson, seconded
by Councilwoman Sutch the following resolution was ADOPTED: AYES – 5
NAYS – 0
RESOLVED that the Galway Town Board
accept the low bid from Harold R. Clune for the Electrical bid portion on the
new highway garage in the amount of $97,800.
All ayes MOTION
CARRIED
RESOLUTION #
38-2004 – Authorization for legal notice to re-bid mechanical portion of new highway
garage. Supervisor Hargrave stated that
the recommendation from the Town Engineer regarding the mechanical portion of
the bids on new highway garage were to re-bid mechanical portion, since one bid
was withdrawn and only two bids were left on this portion. On a motion of Councilman Topper, seconded by
Councilwoman Sutch 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
authorize the Town Clerk to place a legal advertisement in The Daily Gazette
for the purpose of soliciting new bids from qualified contractors relative to
the mechanical portion of the construction of a new Highway Garage in the Town
of Galway, bids to be opened on August 31st, 2004 at 10:00 a.m.
All
ayes. MOTION
CARRIED
RESOLUTION # 39-2004 – Bonding for additional $100,000 on highway garage. Supervisor Hargrave stated that it was the suggestion of the bonding attorney that we bond for an additional $100,000 on highway garage. The following resolution was offered by Councilman Topper, seconded by Councilman Tillson, to wit;
BOND RESOLUTION DATED
A RESOLUTION SUPPLEMENTING A BOND RESOLUTION DATED MAY 11, 2004, AUTHORIZING THE ISSUANCE OF ADDITIONAL SERIAL BONDS OF THE TOWN OF GALWAY, SARATOGA COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $100,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE THE CONSTRUCTION OF A NEW TOWN HIGHWAY GARAGE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
WHEREAS, pursuant to a bond resolution dated May 11, 2004, the Town Board of the Town of Galway, Saratoga County, New York (the “Town”) authorized the issuance of serial bonds of the Town to finance 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, at an estimated maximum cost of $600,000; and
WHEREAS, the Town Board of the Town has determined that additional funds are required to finance said purpose and desires to supplement said prior resolution by authorizing the issuance of additional serial bonds of the town in an aggregate principal amount not to exceed $100,000;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town (by the favorable vote of not less than two-thirds of all of the member of the Board) as follows:
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 $700,000. Pursuant to a bond resolution dated May 11, 2004, the Town Board authorized the issuance of serial bonds of the Town in an amount not to exceed $600,00 to finance the total cost of said purpose. This resolution is intended to supplement said prior resolution by authorizing the issuance of additional serial bonds of the Town in an amount not to exceed $100,000 to provide additional funds to finance the total cost of said purpose.
SECTION 2. The Town Board plans to finance an additional $100,000 of the total cost of said purpose by the issuance of additional serial bonds of the Town in an amount not to exceed $100,000, 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 United States Treasury Department.
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 AYE
Councilman Charles Quinlan AYE
Councilwoman Susan Sutch AYE
Councilman Michael Tillson AYE
Councilman William Topper AYE
The foregoing resolution was thereupon declared duly adopted.
Other Business
Supervisor Hargrave stated that the Town wide neighborhood watch group had a meeting at the Galway Fire House. A request was made from them to hold their meetings at the Town Hall. The board felt since this was a town wide organizational meeting use of Town Hall would be authorized. They will contact Town when they get dates and times for meeting.
RESOLUTION #
40-2004 – Public referendum on Library budget increase. Supervisor Hargrave stated that he had received
the Library budget request for an increase of $10,254 over last year’s budget
figure. This is an increase of 27.7%
over last year’s budget. Board felt it
would be necessary to go for a public referendum on increase to make sure of
community backing. Supervisor Hargrave
stated that he would have to contact Town Attorney tomorrow to get this on
ballot for November if board made decision to request public referendum on
increase. On a motion of Councilman
Topper, seconded by Councilwoman Sutch the following resolution was
ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board
authorize the Town Attorney to draft a Public Referendum to be placed on the
November ballot with reference to allowing an increase in the Library budget in
an amount not to exceed $47,334.
All ayes MOTION
CARRIED
RESOLUTION #
41-2004 – Change in September Town Board Meeting date due to Primary
Election. Supervisor Hargrave stated
that Primary would be held on September 14th, board would need to
schedule meeting for another day. On a
motion of Councilman Topper, seconded by Councilman Quinlan the following
resolution was ADOPTED:
AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board
authorize the Town Clerk to place a legal advertisement in the Daily Gazette
advising that the September 2004 meeting of the Galway Town Board will be
changed from September 14, 2004 to September 15, 2004 at 7:30 p.m. due to the
Primary Election.
All ayes. MOTION
CARRIED
On a motion of Councilman Topper, seconded by Councilman
Tillson the meeting was adjourned to executive session at 9:13 p.m. to discuss
contract negotiations with highway department.
Councilwoman Sutch requested that Highway Superintendent attend executive
session.
All ayes MOTION
CARRIED
On a motion of Councilman Tillson, seconded by Councilman
Topper the board returned to regular session at 10:00 p.m.
All ayes MOTION
CARRIED
On a motion of Councilwoman Sutch, seconded by Councilman Topper the meeting
was adjourned at 10:00 p.m.
All
ayes MOTION
CARRIED
Respectfully submitted,
Margaret L. DeFoe
Town Clerk