REGULAR MEETING
March 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 Councilman William Topper Councilwoman Susan Sutch

ABSENT: Councilman George Weed

OTHERS PRESENT: D. Meager; T. O’Brien, Dog Control Officer; A. Oakley; K. Parker; A. Rhodes; J. Sivik, Deputy Town Clerk; C. Gutto; D. Fontanella; P. Keeler, Historian; P. Becker, Deputy Highway Superintendent; M. DeFoe, Town Clerk & many residents of Galway.

Pledge to the Flag

A motion was made by Councilwoman Sutch, seconded by Councilman Topper to approve the minutes of the February 14, 2006 meetings as submitted.
All ayes. MOTION CARRIED

Communications – Town Clerk read legal notice placed in Daily Gazette on 2/17/06 advising of temporary order limiting roads to 4 ton on Town of Galway roads. Correspondence from New York State Office of Real Property Services advising that Residential Assessment Ratio had been set at 68.07 for the Town of Galway for the period 7/1/04 through 6/30/05. Board members received copies of the following correspondence: Dog Control Officer’s report for the month of February. Notification by NYS Dept. of State regarding training for local officials. Correspondence from the State of New York, Dept. of Environmental Conservation advising of funding opportunities available to support environmental projects. Correspondence the Town Clerk requested from the Hamilton County Clerk’s office on use of snowmobiles on their roads. Saratoga County Planning Board minutes for 12/15/05 & 1/19/06. County informational memo regarding “Coordination of SCPB General Municipal Law Reviews with Saratoga County Sewer District #1 Rules & Regulations”. Notification by County of conference about Local Planning & Agriculture. Assessor’s report received, dated March 14, 2006. Town Clerk read correspondence from NYS Dept. of Transportation to Joseph Ritchey, Commissioner of Public Works for Saratoga County regarding speed limit reduction request for Donnan Road & Dean Lung Road. Speed limit reduction to 45 MPH will be received from Secretary of State for Dean Lung Road between Route 29 & Mechanic Street. NYS has determined that a lower speed limit than the statewide 55 MPH on Donnan Road between Route 147 & Jockey Street is not warranted. Resignation letter was received from Irene Barkley for her position as Deputy Town Clerk effective 2/24/06, due to health issues. Councilwoman Sutch completed her audit of Town’s financial records for the year 2005, finding all monies to be properly accounted for. The following bids were received for generator project at Town Highway Garage:

Sutch Electric
5894 Greens Corner Road
Galway, NY 12074
Bid: $9,985.00

DeCristofaro and Son Inc.
308 Centerline Road
Middle Grove, NY 12850
Bid: $11,287.00

Harold R. Clune Inc.
30 Prospect Street
Ballston Spa, NY 12020
Bid: $21,400.00

Adirondack Insurance Presentation – Dave Meager went over Town’s Insurance Policy with Town Board. Dave will review the snowmobile issue and get back to Town Board with information.

Galway Library Presentation – Arlene Rhodes advised that a committee had been formed to consider the possibility of redistricting the Library. This would change the area the Library is chartered to serve. Currently they are a Town Library, chartered to serve the Town of Galway. Arlene previously dropped off for the Town Board to review a packet of information. Packet included options for redistricting; break down of tax support for Library by Towns; patrons by Towns & different types of Library options available for NYS. Arlene stated that what the Library was requesting from the Town Board was their support with moving forward on investigating the possibility of redistricting. Also, they would appreciate any advice the Town Board could give on the option they felt most feasible. Arlene requested that Town Board reflect on information given to them and get back to her with any input or suggestions. Councilwoman Sutch questioned if Library redistricted to include the Town of Providence and the State then mandated that they be open 35 hours per week, what kind of impact would they anticipate with reference to their budget? Arlene stated that the main increase would be salary. She further stated that the committee was not far enough along to determine how extra hours would be covered. Councilwoman Sutch questioned if the committee had a feeling on what would be the best was to go for Library? Arlene stated at this time they don’t know what would be the best avenue for Library. Galway Town Board was the first group that the Library has discussed redistricting with; they will be meeting with the Town of Providence later this week. Arlene would like input from Town Board & community on what they felt Library should do to best service its population & make the funding happen.

Carmen Gutto – Mr. Gutto stated that he would like to get a determination from Board of what the problem was with the proposal he submitted last month. He would like clarification for the property owners if the project itself was the problem; density issue was problem; or combination of both. He stated that property owners were concerned with owning property in the C1 Commercial Zone, and their ability to develop this property in the future. Councilwoman Sutch – stated that the main concern with project was density. Councilwoman Sutch further stated that with a PDD request for change to zoning, it is the ability of Town Board to deny application. She stated that with reference to the C1 section of this property, the Planning Board & Town Board has received no application under normal zoning to consider. Councilwoman Sutch stated that application under PDD was for the maximum allowable density under the residential section & then an additional amount for commercial. Councilwoman Sutch & Mr. Gutto went into a discussion regarding interpretation of PDD project in regulations with combined residential/commercial uses. Councilwoman Sutch stated that she anticipated that wetland delineations would be included with application when submitted. Mr. Gutto stated that his Surveyor had completed his wetland delineation. He is currently waiting for the Army Corp. of Engineers & DEC to come out and review delineations and determine if they agree with what has been done. Once this is complete project would then be mapped to correspond with the actual allowable density. Councilwoman Sutch reiterated the need to keep project in line with comprehensive plan. Mr. Gutto felt that comprehensive plan addressed the need for affordable housing in town for young people & senior citizens. Councilwoman Sutch felt under the current scenario with density; if the Town Board forwarded project to Planning Board and applicant incurred an additional $50,000 in engineering/surveyor fees the Town Board could still deny project in the end with this much density. Mr. Gutto requested that the Town Board advise him of what they felt was an acceptable size project for this property with reference to a PDD? Councilwoman Sutch felt it was not the Town Board’s responsibility to create a project for applicant. Councilman Tillson stated for himself, that any project coming in requesting maximum usage would not receive serious attention from him. Board felt they really couldn’t go further with determining an acceptable density on an application until wetland delineation had been determined. Mr. Gutto suggested that he supply a few different project scenarios with reference to possible wetland delineation for the board to review. Councilwoman Sutch advised Mr. Gutto that he could submit an application, but a PDD is not allowed by right in zoning. Approval of a PDD is done at the discretion of the Town Board on a project they feel to be an asset to Town. Otherwise, Mr. Gutto could apply under standard zoning where regulations are very clear. Councilwoman Sutch stated that Town Board will look at any proposal he submits, but can not guarantee that the Board will like project. Board went into discussion with Mr. Gutto on allowable uses under the standard zoning. Mr. Gutto stated that zoning regulations changed in November of 2004. He went into discussion with Board on his interpretation of that change.

Privilege of the Floor - Dave Fontanella didn’t feel town houses fit community. If figures from newspaper were correct, he didn’t feel the price of these town houses were the affordable housing referenced in comprehensive plan. Mr. Fontanella agreed with Councilwoman Sutch that denying project now in the conceptual stages was better than having applicant spend a lot of money and community deny his request later.

COMMITTEE REPORTS: Library – A. Oakley stated that the winter reading program for adults this year was very successful with 47 people participating. There were 32 people from reading program that participated in the grand prize drawing. Kathy Palmatier was the grand prize winner of the certificate to Friends Lake Inn. Library will have a presentation on April 10^th at 7:00 p.m.; “Burnt Hills Veterinary Tales” presented by author Penney Heritage also helping her will be Dr. Stan Garrison. This Saturday there will be a “Story Quilt” program here at Town Hall from 10:00 a.m. until 12:00 noon. Assessor – Supervisor Hargrave stated report was already given. Historian – Phyllis Keeler stated that her office has been working on many history projects with local residents and out of town people. They just completed a research project on roads before 1900. Phyllis will have a group of people in on Thursday from New York City to review cemetery files for research on Dean Lung. Public Safety – No Report. Property – No Report. Buildings & Grounds – Councilman Topper stated that all Board Members were given a copy of the generator specification for Town Hall. Any comments would be appreciated. Emergency roof has been completed on Library building. The roof repair on Town Hall building has not been completed yet due to weather conditions. Councilman Topper stated that he had hoped to receive information from Town Engineer on Ball Field Project. Parking lot expansion study was not done previously, he believes this is what hold up is caused by. Councilman Topper questioned if he could authorize Engineering office to come to site to make necessary evaluation on project. Supervisor Hargrave stated that if bill came in under $500.00 they could, if over contract will be needed first. Councilman Topper will look into this further. Supervisor Hargrave stated that the old highway offices are about 90% completed on painting. There is one more room to be painted, then tile floor needs to be put down. One bathroom has been removed and made into a storage room. Supervisor Hargrave would be happy to give any interested person a tour of new office space being created for Historian. Public Affairs – No Report. Highway – Deputy Highway Superintendent, Phil Becker advised that he talked with Town Engineer and he would like to meet with new Highway Superintendent in April regarding bridge project on Hermance Road. Holding tank for floor drain has been received. Supervisor Hargrave thanked Deputy Highway Superintendent Becker for his help since the retirement of Bill Hansen. County & Town – Supervisor Hargrave stated that Town is in the process of finishing up 2005 year end report for State of New York. On a county level, Supervisor Hargrave has been appointed Chairman of a sub-committee to look into the possible need for a new building for Mental Health Department.

LIAISON REPORTS: Planning Board – Councilman Tillson stated that Bradley Arnold received final approval for a 2-lot subdivision on Greens Corners Road. Donato Polsinelli received final approval for a 2-lot subdivision on Jockey Street. Marjorie Hall received final approval for a 2-lot subdivision on Consaul Road. Gerard McKenna sent letter to Planning Board advising that he would be out of town for meeting and requested that application be tabled until March. The application of Ella Sherman & Donna Sowle is moving forward for a 3-lot subdivision on Route 29. Designated wetlands need to be delineated on survey map. John Hanrahan/Nancy Wurth were in for a preliminary review for a 4-lot subdivision on Jockey Street. There were complications with this application due to encroachment of utility building by neighbor on Lot 1 of proposed subdivision. Chairman will get legal interpretation from Attorney regarding Planning Boards authority to approve subdivision knowing that this encroachment exists. Mary Jane Armer received conceptual approval for a 2-lot subdivision on Birchton Road. George Longworth was in for a 2-lot subdivision on Jockey Street. Permits need to be secured from DEC before application can go further. Applicant will be building a bridge to go over wetland stream. Chairman will contact Town Engineer to get his input on bridge project. Sandra Leahy received conceptual approval for a 2-lot subdivision on Sacandaga Road. Youth – Councilman Topper stated that the Rifle Team continues to have students place in competition. Karate advance about 2-3 students a month in ranking. Youth Appreciation Day activities have been initiated, they have to pull together venders. ZBA – No Report. Senior Citizens – No Report.

MOTIONS AND RESOLUTIONS

RESOLUTION # 15-2006 – Budget Adjustments. On a motion of Councilman Tillson, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board approve the following budget adjustments:
Increase A1220.2 $450.00 Supervisor Eq.
Decrease A1910.4 $450.00 Unallocated Insurance
(Newsletter)

Increase A1620.4 $9,900.00 Buildings
Decrease A909 $9,900.00 Fund Balance
(emergency roof project)
All ayes. MOTION CARRIED

Councilman Topper made a motion, seconded by Councilman Tillson to approve the General Abstract of Vouchers (A) dated 2/18/06 thru 3/12/06 for a total of $54,560.50.
All ayes. MOTION CARRIED

Councilman Tillson made a motion, seconded by Councilwoman Sutch to approve the General Abstract of Vouchers (B) dated 2/18/06 thru 3/14/06 for a total of $713.50.
All ayes. MOTION CARRIED

Councilwoman Sutch made a motion, seconded by Councilman Tillson to approve the Highway Abstract of Vouchers (DA) dated 2/18/06 thru 3/12/06 for a total of $13,757.83.
All ayes. MOTION CARRIED

Councilman Topper made a motion, seconded by Councilwoman Sutch to approve the Highway Abstract of Vouchers (DB) dated 2/18/06 thru 3/12/06 for a total of $1,034.06.
All ayes. MOTION CARRIED

Councilman Tillson made a motion, seconded by Councilman Topper to approve the Lighting District Abstract of Vouchers (SL) dated 2/18/06 thru 3/12/06 for a total of $138.35.
All ayes. MOTION CARRIED

Councilwoman Sutch made a motion, seconded by Councilman Tillson to approve the Supervisor’s Operating Statement for the period ending 2/28/06.
All ayes. MOTION CARRIED

RESOLUTION # 16-2006 – Set dates for Zoning Workshops. Supervisor Hargrave stated that information had been received from Consultant. Town Board held workshops with Consultant; Planning Board; Zoning Board & Open Space Committee to get their input on updates needed in Zoning Regulations. The Town Board needs to begin weekly workshops to go thru zoning regulations page by page to try and bring information together with Town’s Comprehensive Plan. These workshops will be open to the public, but there will be no public comment period. Once Town Board completes this process, they will hold several public hearings for the public to comment on proposed changes to current regulations. On a motion of Councilman Tillson, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board hold zoning workshops to review the current zoning regulations for updates starting at 7:00 p.m. on the following dates: 3/20/06; 3/27/06; 4/5/06; 4/10/06; 4/17/06; 4/24/06; 5/3/06; 5/8/06; 5/15/06; 5/22/06 & 5/29/06.
All ayes. MOTION CARRIED

RESOLUTION # 17-2006 – Set date for Public Hearing on Local Law #1 -2006, Establishment of temporary moratorium on the consideration or approval of major subdivision applications in the Town of Galway. On a motion of Councilman Tillson, 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
RESOLVED that the Galway Town Board hold a Public Hearing on Friday, March 31, 2006 at 7:00 p.m. at the Galway Town Hall regarding a Local Law entitled “Local Law # 1-2006 Establishing A Temporary Moratorium On The Consideration For Approval Of Major 2006 Subdivision Applications”. Special Town Board Meeting will take place immediately following this public hearing at 7:15 p.m.
All ayes. MOTION CARRIED

RESOLUTION # 18-2006 – Appointment of Highway Superintendent. Supervisor Hargrave stated appointment would be for the remainder of 2006. New Highway Superintendent will need to be placed on ballot for next general election in November of 2006 to fill the remainder of the Highway Superintendents term. Supervisor Hargrave stated that Town Board interview three candidates for this position Karl Hoegemann; Frank Schwab & David Costanzo. Councilwoman Sutch stated that based on interview process; resumes submitted and qualification of candidates, she would recommend David Costanzo for this appointment. On a motion of Councilwoman Sutch, seconded by Councilman Topper 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
RESOLVED that the Galway Town Board Appoint David Costanzo to fill the vacancy in the Highway Superintendent position for the Town of Galway beginning April 1, 2006, term to expire 12/31/06. New Highway Superintendent will need to be placed on ballot for next general election held in November 2006 to fill the remainder of the Highway Superintendents term which expire 12/31/09.
All ayes MOTION CARRIED

RESOLUTION # 19-2006 – Authorization to add highway specification to Town Policy. On a motion of Councilman Tillson, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board authorize that the highway specification as amended by Councilman Weed be added to Town of Galway Policy.
All ayes. MOTION CARRIED

RESOLUTION # 20-2006 – Authorization for purchase of Building Department Software. Supervisor Hargrave went over software package with Town Board. On a motion of Councilwoman Sutch, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 4 NAYS – 0
RESOLVED that the Galway Town Board authorize the purchase of Building Department Software from Software Consulting Associates in an amount not to exceed $2,800.00 to be charged to Account #: B8010.4 Zoning CE.
All ayes. MOTION CARRIED

RESOLUTION # 21-2006 – Authorization for Supervisor to sign service contract with Avaya regarding telephone system. 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 service contract with Avaya regarding the Town Hall’s telephone system for $48.14 per month to be charged to Account #: A1620.4 Buildings.
All ayes. MOTION CARRIED

RESOLUTION # 22-2006 – Approval of bid for Highway Garage Generator. 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 - Abstain
RESOLVED that the Galway Town Board approve the Highway Garage Generator Bid from Sutch Electric in the amount of $9,985.00 to be charged to Account #: A5132.4 Garage CE.
3-AYES 1- ABSTAIN MOTION CARRIED

Councilman Tillson made a motion, seconded by Councilman Topper to adjourn the meeting at 9:13 p.m.
All ayes. MOTION CARRIED

Respectfully submitted,

Margaret L. DeFoe
Town Clerk