REGULAR MEETING
February 14, 2006
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 Councilwoman Susan Sutch Councilman George Weed
ABSENT: Councilman William Topper
OTHERS PRESENT: C. Gutto; J. Vienna; D. Fontanella; P.
Bender; P. Keeler, Historian; Dr. A. Pribis; C.W. Hansen, Highway
Superintendent; M. DeFoe, Town Clerk & many residents of Galway.
Pledge to the Flag
A motion was made by Councilwoman Sutch, seconded by
Councilman Weed to approve the minutes of the January 10, 2006 meetings as submitted.
All ayes. MOTION
CARRIED
Communications – Town Clerk read the following legal
notices: Legal notice placed in Daily
Gazette on 12/31/05
& 1/7/06
advising public that Tax Collector was in receipt of tax roll and warrant. Legal notice placed in Daily Gazette on 1/8/06 advising public of
changes to the New York State Department of Agriculture & Markets Dog
Licensing Law. Legal notice placed in
Daily Gazette on 1/9/06 & 1/10/06 advising public of vacancy in Highway
Superintendent position with Town, salary $48,600.00 plus benefits. Resumes to be received until 2/1/06, interviews to be
held on 2/7/06
& 2/9/06. Legal notice placed in Daily Gazette on 1/27/06 advising public of
Zoning Workshop to be held on February
27, 2006 at 7:00 p.m.
at Town Hall to review information received from Consultant on zoning
updates. Thank you letter was received
from a senior member thanking Town Board for their increase in funds for
2006. Letter received from Councilwoman
Sutch to Town Board, advising that she had audited the Town Clerk’s financial
records for 2005 and found all monies to be correct and accounted for. Correspondence was received from NYS Dept. of
Transportation to Joseph Ritchey at Saratoga County Department of Public Works
regarding speed limit study on Donnan
Road & Dean Lung Road. They will advise Town of findings after study
is completed. Saratoga County Board of
Supervisors advising of County auction of properties scheduled for March 21, 2006. One parcel in Galway
will be on auction block, 186.-1-63, property owned by Michael Malagiero, rear
lot on NYS Route 147. Correspondence
from the Town of Perth advising that they will hold a public hearing on
February 7, 2006 at 7:30 p.m. to discuss Local Law # 1 of 2006 entitled “Local
Law amending Local Law #1 of the year 2002 so as to add an ARTICLE III-A
regarding Adult Use Businesses”. Town of
Perth Planning Board
announcement of Public Hearing on February 13, 2006 at 7:00
p.m. to hear public comment regarding proposed subdivision
regulations for the Town of Perth. Town
of Amsterdam public hearing scheduled for February 15, 2006 at 6:45 p.m. to discuss amendments to
the Town of Amsterdam Zoning Ordinance. Three resumes were received with reference
the Highway Superintendent position:
Karl Hoegemann; Frank W. Schwab, IV & David Costanzo. Board members received copies of the
following correspondence: Notification
of County Planning & Zoning conference on January 25, 2006. Forum in Albany on February 16, 2006 entitled “Fostering Healthy
Local Governments”. Building Department
report covering 1/1/06
to 2/13/06. Newspaper article from The Leader Herald,
dated 1/15/06 on
Galway Library. Galway Highway
Department Unpaved Roads Inventory Information.
Galway Highway Department Paved Roads Inventory Information. Cost analysis for water treatment systems for
both Old Garage & New Garage. Dog
Control Officer’s Report for January 2006.
Letter from Neil Cayey, Secretary of Galway Lake Campers Association to
Mark Concilla, Code Enforcement Officer regarding application #5-2006 of
William Trosan for area & side lot variances for new construction at 5764 Lake Road. Assessor’s Report dated February 14, 2006. On file with Town Clerk is summary from
Galway Volunteer Fire Company on their financial report, active member list and
activity for 2005.
Planned Development
District Application- Supervisor Hargrave advised that the Town Board
received this application on February
7, 2006. Application was for
a zoning change for property located on the corner of Route 29 & Crooked
Street. Proposed project is for 20,000
sq. ft. of commercial space; (10) apartments & (36) town houses on a 13.17
acre parcel. Supervisor Hargrave stated
that the Town Board at their discretion could turn down project at this time or
refer it to Town & County Planning Board.
They would then review project further and make a non binding decision
and return it to Town Board for final decision on zoning change. Supervisor Hargrave felt the current proposal
didn’t meet with the comprehensive plan or rural character of our town. He requested a roll call vote of Town Board
to proceed further
with project. On a motion of Supervisor
Hargrave, seconded by Councilwoman Sutch the following resolution was DENIED by
roll call vote:
Supervisor George Hargrave – NAY Councilman
Michael Tillson – NAY
Councilwoman Susan Sutch – NAY Councilman
George Weed – NAY
RESOLVED that the Galway Town Board
proceed further with the application of Carmen Gutto for a Planned Development
District for property located on Route 29 & Crooked Street; proposed project
is for 20,000 sq. ft. of commercial space; (10) apartments & (36) town
houses on a 13.17 acre parcel.
All nays. MOTION
DENIED
Privilege of the Floor –Dr. Anneke Pribis introduced herself to community, she is new
physician at Galway
Family Health
Center.
Dave Fontanella questioned if this was the end of this
proposal? Supervisor Hargrave stated
that was correct. Mr. Fontanella
questioned if application was dead with reference to resubmitting project with
different variations from time to time?
Supervisor Hargrave stated that he could not guarantee application would
not be resubmitted with changes at a later date. Dave Fontanella thanked Town Board for their
stand on proposed project. Many
community members interjected their thanks for denial of project. James
Vianna questioned if they could obtain a copy of the comprehensive
plan? Town Clerk stated she would have a
copy of comprehensive plan available for them first things tomorrow
morning.
COMMITTEE REPORTS:
Library – Supervisor Hargrave advised that he had
received an email from Alissa Oakley advising that she would not be at meeting
to give Library report this evening. Assessor
– Report already submitted. Historian
– Phyllis Keeler advised that she recently attended County Planning
meeting where she was asked to look at maps & data regarding Galway historical; cultural; & recreational resources
and make appropriate changes & corrections to data if needed. Phyllis has completed this task and handed
maps into county. She is presently
working with town residents on history projects, as well story & history of
Dean Lung. Phyllis Keeler noted her
appreciation of Town Clerk, Peggy DeFoe with reference to Town History. Town Clerk has had the “2000 Commemorative Map” & “A Map
Showing Landowners & Leaseholders In Their Respective Locations Upon The
Formation Of The Town Of Galway Session Laws Of 1792” matted, framed & hung
at Town Hall. These maps have been
greatly appreciated by residents & visitors. Property – No Report. Public Affairs – Councilwoman Sutch
stated that she attended the Planning & Zoning Seminar offered by the
County on January 25th.
Councilwoman Sutch gave an overview of this very informative
seminar. Councilwoman Sutch commended
County for training seminar, and the initiative they have taken by hiring a
firm to work on County Open Space Plan.
Their accomplishments to date are very impressive. Public Safety – No Report. County & Town/Buildings & Grounds
– Supervisor Hargrave stated that he was going to combine these reports. A water purification system at Town Hall has
been installed and approved by State.
Due to faulty water testing the State required Town to purchase water
system at a cost of $7,628.00.
Supervisor Hargrave has been successful at getting County to fund the
total cost of this system. Town has
received the go ahead for the matching funds grant in the amount of $50,000.00
for ball field project. Supervisor
Hargrave went over proposed expansion of ball field. This is a matching grant; Town will also put
$50,000.00 into project. County has
passed budget with a reduction in tax rate.
Sales tax revenue has enabled the Town to hold the line on taxes. Supervisor Hargrave advised that the last
joint meeting with the Consultant; Planning Board; Zoning Board; Focus Group
& Town Board will be February
27, 2006 at 7:00 p.m. The Town Board would like to see zoning
update completed and the beginning of public hearings on those update within
four months. Special newsletter addition
will go out when update proposal is complete and ready for town public
hearings. Highway - Highway
Superintendent, C.W. Hansen stated that roads will need to be posted for weight
limit. Would like to reserve a spot at
the Cornell Road School
in June for the new Highway Superintendent.
The agreement for expenditures of highway moneys needs to be signed by
board for yearly contract. Highway
Superintendent stated that he has created two new reports for Town Board, Road
Inventory for Paved & Unpaved Roads in Town. He advised that there is still money left
over from the building project.
Superintendent Hansen has the specifications ready to put out for bid on
generator. Since this project will be
under $10,000, Highway Superintendent is not required to put in newspaper. He will request at least three bids on
generator project. Bill would also like
to purchase a holding tank for floor drain out of remaining building fund. Supervisor Hargrave stated that he had
between $26,000 - $27,000 left in the building account. If this is not used on building it must be
used to pay interest. Superintendent
Hansen stated that Councilman Weed had a few correction to make on Highway
Specifications, he would then like specifications put into zoning regulations. Supervisor Hargrave stated that the Town had
an emergency roof replacement required on Library building. We also had an emergency roof replacement
required on the flat
portion of the Town Hall roof.
LIAISON REPORTS: Planning Board – Councilman Tillson
stated that William Wielt, Jr. received final approval for a 2-lot subdivision
on Perth Road. Special Use Permit/Site Plan Review for
Gordon & Gordon Properties for professional office plaza on Route 29 was
approved. Bradley Arnold received a
2-lot classification for property on Green Corners Road, scheduled for public
hearing. Marjorie Hall received a 2-lot
classification for property on Consaul
Road, scheduled for public hearing. Gerard McKenna was in regarding the on going
major subdivision project on NYS Route 147 that had the cul-de-sac proposal
denied by Highway Superintendent.
Planning Board has requested new maps for project to go further.
Councilman Tillson stated that much of the nights meeting was taken up
with the application of Daniel Eldeen on behalf of Ella Sherman & Donna
Sowle and Phillip & Allison Pita also interested in an additional
subdivision on this property. These were
two different applicants applying for subdivision of one parcel of land. Application will be resubmitted with owners
as the applicants and consolidation of the 3-lot subdivision on that one
application. Donato Polsinelli was in
for a 2-lot subdivision on Jockey
Street, scheduled for public hearing on the
condition that corrections need to be made to subdivision map. ZBA
– Councilman Weed stated that there was one application before the Zoning
Board. Bruce & Pamela Boghosian
received approval for an area variance to construct a garage on Jockey Street. Seniors
– Councilwoman Sutch stated that she attended the January 19th
meeting of the seniors. There were
approximately 40 people in attendance.
Clayton Dockstader turned 96 on January 24th. Councilwoman Sutch went over some of the
trips planned. She advised that the big
trip was to Alaska
on July 12th thru 19th for just under $2,000.00. This trip was open to anyone; you don’t have
to be a senior. Councilwoman Sutch
suggested if anyone was interested in trip to contact Town Clerk and she would
put them in contact with trip chairman. Youth – Supervisor Hargrave read
Councilman Topper’s report. Youth
Theater Program is planning a summer rendition of “Sleeping Beauty”. Information of performance dates will be
published in Town & School newsletters.
Donna Sowle has requested grant money from Farley & Tedisco for the
Summer Recreation Program. She is
hopeful that grant request will be approved.
Waiting for the County to announce the theme and funding for this years
Family Fun Day. Recent Youth Rifle Team
competition provided three winners for Galway. Colleen Tillson received 1st place
in Junior Class; Kyle Donnan & Krissy Weaver received 1st &
2nd place in Intermediate Junior Class. Karate has stabilized at 25-30 students. Two students passed their advancement test
this month. Weather has not worked well
with skating rink. Went into discussion
regarding skating rink.
MOTIONS AND RESOLUTIONS
Councilwoman Sutch made a motion, seconded by Councilman
Tillson to approve the General Abstract of Vouchers (A) dated 1/12/06 thru 2/12/06 for a total of
$64,150.53.
All ayes. MOTION
CARRIED
Councilman Weed made a motion, seconded by Councilwoman
Sutch to approve the General Abstract of Vouchers (B) dated 1/12/06 thru 2/12/06 for a total of
$8,114.84.
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilman
Weed to approve the Highway Abstract of Vouchers (DA) dated 1/12/06 thru 2/12/06 for a total of
$41,051.50.
All ayes. MOTION
CARRIED
Councilwoman Sutch made a motion, seconded by Councilman
Tillson to approve the Highway Abstract of Vouchers (DB) dated 1/12/06 thru 2/12/06 for a total of
$1,297.91.
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilman
Weed to approve the Galway Fire District Abstract of Vouchers (GF) dated 1/12/06 thru 2/12/06 for a total of
$186,500.19.
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilwoman
Sutch to approve the Harmony Fire District Abstract of Vouchers (HF) dated 1/12/06 thru 2/12/06 for a total of
$14,769.80.
All ayes. MOTION
CARRIED
Councilman Weed made a motion, seconded by Councilwoman
Sutch to approve the Lighting District Abstract of Vouchers (SL) dated 1/12/06 thru 2/12/06 for a total of
$147.73.
All ayes. MOTION
CARRIED
Councilwoman Sutch made a motion, seconded by Councilman
Weed to approve the Supervisor’s Operating Statement for the period ending 12/31/05.
All ayes. MOTION
CARRIED
RESOLUTION #
9-2006 – Adoption of Highway Specifications. Highway Superintendent Hansen stated that
Councilman Weed had some changes to be made to document. Councilman Weed will make changes and have
corrected document ready for next month’s approval. On a motion of Councilwoman Sutch, seconded
by Councilman Tillson the following resolution was ADOPTED: AYES
– 4 NAYS – 0
RESOLVED that the Galway Town Board
table the adoption of the Highway Specifications until next month to allow
Councilman Weed time to make the needed correction to this document.
All ayes. MOTION
CARRIED
RESOLUTION #
10-2006 – Posting of Roads to seasonal weight limits. On a motion of Councilman Tillson, seconded
by Weed the following resolution was ADOPTED:
AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board
authorize that effective immediately, all Town roads are subject to temporary
closure to all vehicles with a gross weight in excess of four (4) tons. Such closure shall take effect upon the
erection of signs by the Highway Superintendent on the section of highway for
which such traffic is excluded and continue until such time as conditions shall
permit opening. Further notice is hereby given that any
person or persons violating this order shall be subject to punishment as
provided in Section 1800 of the Vehicle and Traffic Law. Clerk will submit legal notice, Temporary
Order Limiting Roads to 4 Ton on Town of Galway
Roads, to the Daily Gazette for immediate release.
All ayes. MOTION
CARRIED
RESOLUTION #
11-2006 – Honoring Superintendent C.W. Hansen for his service to
Town. On a motion of Councilman Weed,
seconded by Councilman Tillson the following resolution was ADOPTED: AYES – 4 NAYS
– 0
RESOLVED that the Galway Town Board
honor Superintendent Charles William Hansen for his service to the Town of Galway as Highway
Superintendent.
All ayes. MOTION CARRIED
RESOLUTION #
12-2006 – Authorization for Supervisor to sign contract with
Environmental Design Partnership for the engineering work on the playing
fields. On a motion of Councilman
Tillson, seconded by Councilwoman Sutch the following resolution was
ADOPTED: AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board
authorize the Supervisor to sign a contract with Environmental Design
Partnership for engineering work required on ball field project in the amount
of $10,000.00 to be charged to Account #: A7989.4 Recreation Field CE.
All ayes. MOTION
CARRIED
Highway Superintendent advised that Parkis Mills Road FEMA
project paperwork was reviewed and approved yesterday at $68,000.00. Highway Superintendent has some more
paperwork that needs to be handed in on project, FEMA will fund about 75% of
this amount.
RESOLUTION #
13-2006 – Authorization for Highway Superintendent to attend Cornell
training course in June. On a motion of
Councilman Tillson, seconded by Councilwoman Sutch the following resolution was
ADOPTED: AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board
authorize the Highway Superintendent to attend the Cornell Road
School in June, amount
not to exceed $600.00 to be charged to Account #: A5010.4
Superintendent of Highways CE.
All ayes. MOTION
CARRIED
Other Business:
Board went into discussion with Highway Superintendent
regarding possible water system at new & old highway garage. Board determined that no system was needed at
this time.
Councilwoman Sutch felt since Town Board was working
diligently on zoning regulations and hoped to have them in place shortly. She would like to propose a six month moratorium on
major subdivision & Planned Development Districts. Councilwoman Sutch felt this would allow the
needed time to get new zoning regulations in place and allow time for Planning
Board to get familiar with new regulations.
It would also allow time for new application forms and guides to be developed. Town Clerk advised that Town Board would
authorize Attorney to do wording for moratorium, if information is back from
Attorney in time for legal notice we can have public hearing next month.
RESOLUTION #
14-2006 – Authorization for Attorney to draft language for six month moratorium on
major subdivisions & Planned Development Districts. On a motion of Councilwoman Sutch, seconded
by Councilman Weed the following resolution was ADOPTED: AYES – 4 NAYS
– 0
RESOLVED that the Galway Town Board
authorize the Town Attorney to draw up the language needed for a Local Law
establishing a six month moratorium on major subdivisions & Planned
Development District application in the Town of Galway. Public Hearing will be held on March 14, 2006 at 7:00 p.m., pending return of wording
from Attorney for Legal Notice to be placed in newspaper advising of hearing.
All ayes. MOTION
CARRIED
James Vienna
stated with reference to their PDD Application, the zoning regulations state a
procedure to follow once a PDD application has been submitted. No where does he see in zoning regulation
that the Town Board could vote on a Planned Development District Application
before it goes to the Planning Board for their recommendations & public
hearing. Mr. Vienna read from zoning
regulations & asked for clarification from Town Board on this.
Councilwoman Sutch stated that she drew up that application form at
the request of applicant to help give him an idea of what was needed for a
Planned Development District. That
application form was never
voted on or formalized. Councilwoman
Sutch stated that the County Planning Board advised them that the Town Board
was within their rights to reject application at onset rather than have
Planning Board review a project that doesn’t meet with Town’s Comprehensive Plan. Councilwoman Sutch stated that Town Board
will check with Town Attorney regarding legality of rejecting application at
onset. Mr. Vienna would like letter outlining exact reasons it doesn’t
meet with comprehensive plan. Mr. Vienna
felt this was not the feeling he got from his previous meetings with Town Board
& Planning Board. He felt in
previous meetings that both boards that there was interest in entertaining this
type of project. Councilwoman Sutch stated that she totally disagreed with Mr. Vienna. Councilwoman Sutch stated at meeting with she
and Supervisor Hargrave last month she repeatedly stated that this project was
at the discretion of the Town Board, and that density was too much for Galway. She fully
expected to see modification to that original density when the formal
application was submitted. Councilman
Tillson stated at the pre-submission conference Mr. Gutto had with Planning
Board, the density issue was a big concern to them also. Mr.
Gutto stated under the current zoning regulation regarding Planned
Development Districts, 30% of property coverage is allowed with buildings. His application is less than 15% of coverage,
well under zoning regulations allowable coverage. He would like to know what would be
acceptable by Town Board at this site so he can make a financial decision
regarding the development of this property.
He feels the Town Board is violating the rights of the property owner by
not allowing usage
of property that is allowable in zoning manual with reference to use & coverage
of property. Councilman Tillson disagreed with Mr. Gutto on purpose of PDD in
zoning regulations. He stated that the
reason the PDD was included in zoning regulations was to give the Town an
option if a project came in that was not anticipated at the time the zoning
regulations were done the Town Board would have a way to handle it. Audience started to get very vocal on
project. Supervisor Hargrave advised audience that this was not a public
hearing and further
discussion by them regarding this matter was ended. He will contact Town Attorney in the morning
to clarify the concerns previously discussed.
Councilman Weed made a motion, seconded by Councilman
Tillson to adjourn the meeting at 9:50
p.m.
All ayes. MOTION
CARRIED
Respectfully submitted,
Margaret
L. DeFoe
Town Clerk