REGULAR MEETING
MAY 11, 2004
GALWAY TOWN HALL

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 Councilman William Topper Councilwoman Susan Sutch
Councilman Charles Quinlan

OTHER PRESENT: S. Pandori, Library; T. O’Brien, Dog Control Officer; T. Killeen, Assessor; P. Dobo; B. Ross; 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 April 13, 2004 meeting as submitted.
All ayes. MOTION CARRIED

Communications – Town Clerk stated that all board members were given a copy of the Building Department Permit Report for the period 1/1/04-4/30/04. Letter was received from Betty A. Keller, owner of Colonial Inn advising that she was renewing her liquor license with the state. All board members received copies of the Dog Control Officers Report for March & April 2004. Clerk advised that she received the yearly information from Crown Castle International regarding the tower located on Route 29 in Galway. All board members were also given a copy of this correspondence. Town Clerk further advised that she has been unsuccessful at obtaining this same information from the Nextel Partners on the Kania Road tower. Clerk requested this information from Nextel in 2003 in writing & made several telephone calls with no results. She has written again in 2004 with no response from Nextel. Town Clerk has forwarded this information on the Peter Reilly, the Planning Board Attorney for him to follow up with Nextel on getting required information. Legal notice placed in Daily Gazette on April 16, 2004 advising that Town Clerks Office would be closed on April 19^th & 20^th to allow Town Clerk & Deputy to attend a training seminar in Saratoga Springs. Legal notice placed in Daily Gazette on April 19^th, 2004 with reference to adoption of resolution subject to permissive referendum on construction of new highway garage. This legal notice will have to be redone, amount of bond anticipation note was incorrect & square footage of proposed building was incorrect.

Privilege of the Floor – Peter Dobo from East Street in Galway expressed to board his opinion on ways to address his ongoing noise ordinance problem & who he considered would be a good candidate for enforcement. Mr. Dobo also gave the board a web site address that may be able to help them address noise ordinances and how to enforce them. He questioned the procedure followed for notification of hearings on changes to this ordinance. The Town Clerk advised Mr. Dobo that once the Town Board schedules hearings on proposed changes to zoning law or ordinance, she would place a legal advertisement in the Daily Gazette. The clerk also posts a copy of that legal advertisement at Town Hall; Bank; Post Office & Library. Bob Ross from Rocky Ridge Road stated that he would like to see a law passed to keep his road forever a dirt road. Highway Superintendent Hansen stated that Rocky Ridge Road is not on his 5 year plan. C.W. Hansen stated that he would try and discourage anyone from making this road hard top due to the fact that the road is so flat and there is no place for adequate drainage. Hansen stated that this is a very swampy area. The only way to get proper drainage would be to build road up several feet. C.W. Hansen stated that he didn’t know if board could make such a law regarding a roadway. He will check on this the next time he is at Cornell Road School. Bob Ross also questioned when the new garage was going out for bid? Bill Hansen stated that the Town Engineer feels they should be ready to hit bid stage in 3-4 weeks. Bill Hansen explained bid process to Mr. Ross. Bob was concerned with prevailing wage requirement and making sure that this requirement was followed. Bill Hansen advised that we follow NYS requirements, and the state is the enforcing agency on prevailing wage.

COMMITTEE REPORTS: Library – S. Pandori stated that three pre-school classes had field trips to Library. Special Education classes from 3^rd, 4^th & 5^th grades will be having a field trip to Library on Monday. On Saturday the 22^nd they will host a perennial exchange. The 23^rd they will host a program on women’s health. The week of the 25^th, Sara will be visiting the K-5 classes at school to talk about the summer reading program. Thursday the 27^th they will have a program on container gardening. Memorial Day the Friends of the Library will have a float in parade and a really huge book sale. On June 8^th they will have a program on writing resumes. Starting the end of this week the Library will have some staff changes. They will have co-directors. Charlotte DeJesus is currently the Library Clerk and is going for her masters in Library Science; she will begin job sharing with Sara. Both will be there ½ time and Charlotte will be in charge while Sara is on maternity leave over the summer. Charlotte Bermas will be taking the Library Clerk position. Councilman Topper questioned if parking area problem had dried up? Sara stated that it had and is now drivable. C.W. Hansen questioned where septic tank was located. He will stop down and Sara will show him location of septic tank. Assessor – T. Killeen stated that he had obtained an identification badge as requested by Supervisor. Tracy gave board members a copy of the 2004 Tentative Assessment Roll Summary Sheet & went over this information with board. Grievance Day is two weeks from today. County & Town – Supervisor Hargrave stated on a county level they will have meetings with the APA regarding the radio towers on June 10^th & 11^th. Sheriff, Jim Bowen just announced a program he will be implementing that makes radios available to all village police agencies, ambulance corps. & fire departments. Town level we are working on proposed highway garage project. Public Safety – No Report. Property – No Report. Building & Grounds – Councilman Topper stated that playing field project looks very good. Tree lines are gone and most of rocks have been removed. Fence need to be put up between playing field and parking lot. Bill Hansen stated that they put three more 10’ culvert pipes in to allow area to walk over. Supervisor Hargrave stated that the painting is going well inside Town Hall. They will also be doing some carpet work. Public Affairs – No Report. Historian – No Report. Highway – Highway Superintendent Hansen stated that the highway department has had a terrible problem this spring with beaver causing road flooding. Bob Ross is interested in live trapping these beaver to repopulate a different area. Bill stated that he would like to finish up at ball field tomorrow with seeding. Tomorrow, Albany Truck Sales will be bringing a 2003 left over truck which is on state contract for highway department to look over. They are scheduled to purchase new truck in 2005. If this truck looks like what they are interested in purchasing in 2005, Bill Hansen would like to work out delivery in December & purchase in January of 2005. Paperwork has been filed for the second time on $5,000 for the culvert replacement done last October on Hermance Road. Mowing tractor should be in within the next few weeks. New speed limit signs have been posted. They indicated in letter that two signs were in violation; Bill stated that those signs were in Town of Milton. Highway Superintendent advised that he marked the road for Milton on location for their signs, but to date Milton has not made corrections requested by State. Clerk advised that State carbon copied them on this correction. Insurance company did their inspection and everything came out good. Maintenance records were the main thing the insurance company review, and they seemed very pleased with what they found. Black top cost is currently at about what it was last year.

LIAISON REPORTS: Planning Board – Councilman Tillson stated that Planning board granted final approval to Edward Gorga for a 2-lot subdivision on Crane Road. Ann Johnston was scheduled for a public hearing on her 2-lot subdivision on Bliss Road. Christopher Sowle was scheduled for a public hearing on his Special Use Permit/Site Plan Review for conversion of one bay of the existing C & G Car Wash located at Route 29 & Fish House Road to a NYS motor vehicle inspection/repair shop. Christine DeLucia received classification for a lot line adjustment on her property on Benzal Road. Arthur Spector received a 3-lot classification for his property located on Jockey Street. Melodye Eldeen received a 3-lot classification for her property located on Greens Corners Road. Youth – Councilman Topper stated that there were two new start up groups for Youth Commission this month. Youth Volleyball for girls & a 6^th grade track program. Family Fun Day request from Donna Sowle that County T-shirt are made available for that date. There were 6 students tested for advancement in Karate and all 6 were promoted. Karate had a 400% increase in insurance going from about $230 to just shy of $1,000 per year. Al Blakely found coverage including medical for about $500. Youth commission would like to have a ream of paper left out for them on their meeting night. Youth commission would like to be notified by email if vouchers due date is changed. Ken Beebe is looking into the possibility of park & recreation funds being available thru Congressman’s John Sweeney’s office. ZBA – No Report. Senior Citizens – Councilwoman Sutch stated that the Seniors have canceled their May 20^th meeting here at Town Hall so they can attend a program sponsored by the county “Hats off to Seniors”. They had a good turn out for their trip yesterday to Lake George.

RESOLUTION # 25-2004 – Budget Adjustments. On a motion of Councilman Quinlan, seconded by Councilman Topper the following resolution was ADOPTED:
AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board authorize the following budget adjustments:
Increase DA5130.2 Machinery $17,500.00
Decrease DA889.3 Fund Balance $17,500.00
Increase DA9050.8 Unemployment Insurance $150.00
Decrease DA1910.4 Unallocated Insurance $150.00
All ayes MOTION CARRIED

Councilwoman Sutch made a motion, seconded by Councilman Quinlan to approve the General Abstract of Vouchers (A) dated 4/13/04 thru 5/3/04 for a total of $6,457.42.
All ayes. MOTION CARRIED

Councilman Quinlan made a motion, seconded by Councilman Topper to approve the General Abstract of Vouchers (B) dated 4/13/04 thru 5/3/04 for a total of $1,160.54.
All ayes. MOTION CARRIED

Councilman Topper made a motion, seconded by Councilman Quinlan to approve the Highway Abstract of Vouchers (DA) dated 4/13/04 thru 5/3/04 for a total of $2,169.73.
All ayes. MOTION CARRIED

Councilwoman Sutch made a motion, seconded by Councilman Tillson to approve the Highway Abstract of Vouchers (DB) dated 4/13/04 thru 5/3/04 for a total of $7,154.10.
All ayes. MOTION CARRIED

Councilman Topper made a motion, seconded by Councilman Quinlan to approve the Lighting District Abstract of Vouchers (SL) dated 4/13/04 thru 5/3/04 for a total of $101.77.
All ayes. MOTION CARRIED

Councilman Quinlan made a motion, seconded by Councilman Topper to approve the Supervisor’s Operating Statement for the period ending 4/30/04.
All ayes. MOTION CARRIED

MOTIONS & RESOLUTIONS

RESOLUTION # 26-2004 – Authorization for Highway Superintendent to advertise for bids on the new Town Highway Garage. On a motion of Councilman Tillson, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board authorize the Highway Superintendent to advertise for bids on the new Town Highway Garage when completed bid package is received from Town Engineer.
All ayes. MOTION CARRIED

RESOLUTION # 27-2004 – Authorization for Resolution honoring Kenwood Bills, Deceased Veteran. On a motion of Councilwoman Sutch, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board authorize a resolution in honor of Kenwood Bills, a Deceased Veteran.
All ayes. MOTION CARRIED

Other Business- Supervisor Hargrave stated that Alice Bingham stated that the Baptist Church in village was celebrating 100 years of history and would like to place display in cases at Town Hall. Supervisor Hargrave stated that we had to be very careful with separation of church & state. Councilman Tillson suggested that Town Historian, Phyllis Keeler help with preparation on this to address history.

RESOLUTION # 28-2004 – Authorization for Supervisor to spend up to $4,000 on carpet for Town Hall. Supervisor Hargrave stated that carpet would be placed in following offices: Justice; Bookkeeper; Deputy Clerk; Supervisor; Assessor; court room & full hallway. Carpet in Building Department Office & Conference Room will be shampooed. Supervisor Hargrave doesn’t believe those two rooms have had enough traffic to warrant new carpet. 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 Supervisor to have the Town Hall offices carpeted at an amount not to exceed $4,000 to be charged to Account #: 16204.1 Buildings.
All ayes. MOTION CARRIED

Town Board discussed the need for replacement of front door on Town Hall and also the columns. Supervisor Hargrave stated that edging on flat part of roof will be painted to match snow slides once the inside painting has been completed. Outside of building will be steam cleaned and trim painted.

RESOLUTION # 29-2004 – Authorization to issue bonds in the amount of $600,000 for the construction of town highway garage, subject to referendum if so petitioned. The following resolution was offered by Councilman Topper, seconded by Councilman Tillson, to wit;

BOND RESOLUTION DATED APRIL 13, 2004

A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF GALWAY, SARATOGA COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $600,000 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.

BE IT RESOLVED, by the Town Board of the Town of Galway, Saratoga County, New York (the “Town”) (by the favorable vote of not less than two-thirds of all of the members 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 $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 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 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.

Councilman Quinlan stated as Chairman of the Zoning Review Committee he went to the Saratoga County Planning Department and talked with Mike Valentine regarding zoning questions. Mike gave Councilman Quinlan a contact name for an attorney out of Clifton Park to help with questions. This attorney helped the Planning Board Chairman, when she was working on the comprehensive plan update. Councilman Quinlan will forward noise ordinance questions to both county and this attorney for their input. Councilman Quinlan is hoping to have information formatted and ready for review by county & Town Board for next meeting. Town Clerk stated that when changes were being made to comprehensive plan the proposed changes were given to all boards for their review prior to public hearings. Town Clerk requested that when draft is ready that it be given to her to forward on to all different boards for their review.

Supervisor Hargrave stated with reference to the July Town Board meeting that both the Town Clerk and Supervisor would be on vacation. Supervisor Hargrave will be away the 1^st & 2^nd week in July & the Town Clerk will be away the 2^nd & 3^rd week in July. Supervisor Hargrave gave board option of changing date of July meeting. Board will make decision regarding this at June meeting.

Supervisor Hargrave stated that the Town Hall would be closed the 3^rd Thursday in July, the Seniors will be having the Monroe Fun Band in to perform.

Councilman Topper made a motion, seconded by Councilman Quinlan to adjourn the meeting at 8:55 p.m.
All ayes MOTION CARRIED

Respectfully submitted,