REGULAR MEETING
AUGUST 14, 2007
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 William Topper Councilwoman
Susan Sutch Councilman George Weed
ABSENT: Councilman
Michael Tillson
OTHERS PRESENT: D. Costanzo, Highway Superintendent; T.
Killeen, Assessor; J. Sivik, Deputy Town Clerk; P. Keeler, Historian; A. Davis;
P. Hartman; K. McCarthy; B. Keller; B. Harder & M. DeFoe, Town Clerk.
Pledge to the Flag
A motion was made by Councilman Topper, seconded by Councilwoman
Sutch to approve the minutes of the July 10, 2007 Regular Meeting as submitted.
All ayes. MOTION
CARRIED
Communications – Town Clerk stated that Town Board Members
received copies of the following correspondence: Assessor’s Report dated August 14, 2007; Dog
Control Officer’s Report for July; Highway Department Report for July with
schedule for August; Building Department Report covering 7/1/07 to
7/31/07. Letter of thanks was received
from Barbara Cervenka regarding the recent hazardous waste disposal drop off
and the bulk rubbish pick-up. She
thanked the Town for their participation in these programs and expressed her hopes
that both projects would continue in future.
Thank you letter was received from the Galway Youth Commission Board,
expressing their appreciation for Town’s continued support of Family Fun
Day. Correspondence was received from
NYS Department of Real Property Services advising that final State equalization
rate of 60.00 had been established for the Town of Galway. Letter to Robert Hadley of Sacandaga Road from Mark Kennedy, of NYS
Department of Transportation. Mr. Hadley
telephoned the Saratoga
County DPW requesting the
elimination of the passing zone immediately south of Alexander
Road on NYS
Route 147.
Mr. Kennedy advised that after a review of this section of highway, it
was determined that no justification to eliminate the passing zone was
founded. He did however, state that
radar measurements of traffic speeds in this area measured approximately 50% of
motorists exceeding the 55 MPH state speed limit. Mr. Kennedy advised that he would forward his
findings to the appropriate police agencies.
Letter to Laura Moore of Jockey
Street from NYS Department of Transportation. Ms.
Moore sent letter directly to
their office requesting a reduction of the speed limit on Jockey Street. Mr. Kennedy advised that they had just
received a resolution request from the Galway
Town Board requesting that the speed
limit on Jockey Street
between Shaw Road
and County Road
45 be reduced. He further advises that an investigation of this
section of highway has been initiated, they will notify her of findings upon
completion. Letter was received from
Kelly Randall of Jockey Street
requesting action be taken on the intersection of Jockey Street
& County Road 45. Ms. Randall felt
after a recent fatality at this intersection involving a Galway School Bus that
something needed to be done (traffic light, reduction of speed limit, four way
stop). Letter of interest from Jim
Walker of Greens Corner Road
to volunteer for boards or committee’s.
Letter from Bill Van Alstyne thanking Highway Department for the great
job they did on the reconstruction of Benzal Road. He then requested a speed limit reduction
request be made by Town Board for Benzal
Road. Correspondence
was received from Time Warner Cable advising of some programming changes to
their “On Demand” lineup effective August 28, 2007. Letter from Jonnathan Griffin, Life Scout
working on Eagle Scout Project at the Stimson’s Cemetery on Consaul Road. He advised of
a neighbor’s concern regarding his work obeying State Cemetery
Regulations. Town Historian, Phyllis
Keeler advised him that she contacted county and was informed that project was
ok. Stimson Cemetery
is an abandoned cemetery and town has ownership. He was requesting written documentation from
Town Board giving permission to complete Eagle Project. Town Clerk advised that Supervisor Hargrave
sent letter to Jonnathan Griffin advising that he went over concerns with Town
Attorney and granted permission to proceed with work on Stimson Cemetery. Correspondence was received from Saratoga
County Board of Supervisor’s, advising that
the Lewandowski property on NYS
Route 147 would be scheduled to appear on auction
block set for September 18, 2007.
Supervisor Hargrave stated that the gentleman requesting to
be placed on boards or committee’s was advised of Town’s three year residency
requirement. With regard to the Jockey Street
request from Randall, Supervisor Hargrave
advised that he forwarded this letter on to Joseph Ritchey at County. Supervisor Hargrave stated that a lot of the
problems with Jockey Street
were the rerouting of traffic that way during the reconstruction of the bridge
on NYS Route
147. Joseph Ritchey sent letter back to
Supervisor Hargrave advising that they are conducting a study of the
intersection of Jockey Street
& County Road 45. Councilman Topper
would like to see a 4 way stop at this location. He would like to draft a letter to Joseph
Ritchey regarding this if Board is in agreement. Town Board felt it would be fine for
Councilman Topper to address this concern in a letter to the Commissioner of
Public Works, Joseph Ritchey. Supervisor
Hargrave stated that County will begin
the repaving of Jockey Street
from County Road
45 to NYS Route
67 within the next few weeks. Supervisor
Hargrave stated that Dr. Pribis had asked to be placed on the agenda again
tonight, but was not present.
Privilege of the Floor – Al
Davis of Jersey Hill Road
had a petition signed by 41 neighbors requesting the speed limit on Jersey Hill
Road be reduced to 40 mph. The petition further requested when posted that road be
patrolled by appropriate law enforcement agencies. Supervisor Hargrave stated that Town Board
can make a request that speed limit be looked at for reduction, they can’t
suggest a speed limit.
RESOLUTION #
49-2007 – Speed limit reduction request for Benzal Road
& Jersey Hill Road. On a motion of Councilman Topper, seconded by
Councilman Weed the following resolution was ADOPTED: AYES – 4 NAYS
– 0
RESOLVED that the Galway Town
Board authorize the Town Clerk to send a request to New York State requesting a reduction of the
speed limit for the full length of both Benzal Road and Jersey Hill Road.
All ayes. MOTION
CARRIED
Paul Hartman – Has had ongoing concerns
regarding what he believes to be commercial activity at his neighbor Nick
Vacchio residence. He and Karen McCarthy
have been sending email photographs of this activity for some time to
Town. He advised that they have been
unsuccessful at reaching the Building Administrator, Mark Concilla by telephone
of email regarding this matter.
Supervisor Hargrave stated that Mark was unable to attend tonight’s
meeting due to illness with his mom.
Supervisor Hargrave would have liked Mark Concilla to attend tonight’s
meeting to address these concerns. Karen
McCarthy – Stated that she has sent numerous email requests asking for a
meeting with both Vacchio’s & their Attorney; Mark Concilla & Town
Attorney; Paul
, herself & their Attorney & and any interested Town Board Member to
discuss this ongoing problem. She has
not received a response to this request to date. Karen stated that with all the emails showing
activity at Vacchio residence she sends to Mark Concilla and copies to the Town
Board the only response she has received is from Councilwoman Sutch. Councilwoman Sutch stated that she attended a
meeting with Mark Concilla, Town Attorney Peter Reilly & Councilman
Tillson. Town Attorney felt Mark needed
to catch Vacchio’s in the act to be able to do anything about problem. Councilwoman Sutch also contacted the
Department of State for guidance, waiting for response from them. Board went into discussion with Paul Hartman & Karen McCarthy
regarding ongoing problem with neighbor. Discussed damage to road by this
equipment with Highway Superintendent, Costanzo he will come and look at
road. Supervisor Hargrave stated that he
would contact Mark Concilla tomorrow to have him set up a meeting as requested.
William Harder &
Betty Keller – Owners of Colonial
Inn Restaurant. Mr. Harder advised that they have been
talking with Planning Board about subdividing the property on Perth
Road. Mr.
Harder referenced section of zoning law Planning Board says limits them to
approving a lot because of private road.
He feels that Planning Board is getting into an area they don’t belong
since this has to do with zoning. He
feels they should do subdivision and let building department determine from
there if it is an approvable lot for a building permit. Councilwoman Sutch tried to explain to Mr.
Harder & Ms. Keller that the Planning Board is not authorized to approve a
subdivision if it is being created on a private road outside the Lake District. Mr.
Harder & Ms. Keller referenced the home of Holly Mahoney which was granted
a building permit on this private road.
Councilwoman Sutch stated that an error was made by town with reference
to Mahoney
home. Supervisor Hargrave stated that
Planning Board would be the Board they would need to address for subdivision, not Town
Board. Councilwoman Sutch stated that
she attended the Planning Board meeting where they addressed this issue. Councilwoman Sutch stated that she believed
the Planning Board Chairman, Paul
Lent gave them a few options with property.
They could continue with application as it was, applying for lot on a
private road with the understanding that application could be denied by Planning
Board. They could reconfigure
subdivision and create a keyhole lot on Perth
Road. She
believes that Planning Board Chairman stated that the zoning law is adopted by
the Town Board. Mr. Harder & Ms.
Keller could come before Town Board to request that they make changes to that
law. Mr. Harder stated that there were
three issues: 1) Planning Board should
not get themselves involved in a Zoning issue.
2) They feel the Mahoney
subdivision overrides the requirement for plot approval by Planning Board on a
lot which is considered a private road. 3) They would like a copy of section 115-51, 5-1
& 7-2 of the Zoning Law which references design of a rear lot in accordance
with the required specification as described in that section of the law. Councilwoman Sutch addressed issue 1- Stating
that Zoning Regulations are a part of the subdivision process. Planning Board can’t create a lot that would
not be considered buildable under the current Zoning Regulation of Town. With reference to question 2- Councilwoman
Sutch stated that regulations state subdivision of a plot as approved by
Planning Board. The application they
have presented to the Planning Board for consideration has not been
approved. With reference to question 3 –
Councilwoman Sutch will have copy available for pick up tomorrow morning on the
section of law they have requested.
COMMITTEE REPORTS:
Assessor – Tracy Killeen
gave Board Members an additional packet on his guide to assessment
statistics. Public Safety – No
Report. Property – Councilwoman
Sutch stated that she will complete property audit this month. Building & Grounds – Councilman
Topper stated that Phase II of the Ball Field Project is progressing well. Supervisor Hargrave stated that contractors
requested 10 day extension on project.
Environmental Design Partnership had no problems with this request;
completion date will now be October 2, 2007.
Public Affairs – No Report.
Historian – Phyllis Keeler stated that she continues to sort,
file & organize local history information.
Phyllis presented two Joseph Henry Notebooks to the Galway
Board of Education. One notebook will be
placed in Elementary Library one in High School Library. Highway – No Report. County & Town – Supervisor
Hargrave stated that on a Town & County level, budget time has begun.
LIAISON REPORTS:
Planning Board – No
Report. Youth – Councilman Topper
stated that on Friday night our youth program will put on two short plays
starting at 7:00 p.m. at high school auditorium. Admission is free, refreshments will be
provided. Youth commission is working on
their budget. ZBA - Councilman
Weed stated that there were two applications on the July agenda for the
ZBA. Steve Honicki received approval for
a front and two side lot variances for construction of a new home on 3029 South Shore Road
in Weiss’s Grove of Lake District. Q
Squared, LLC (Jordan
May) received approval for an area variance for operation of commercial
businesses from a substandard size commercial lot of 1.52 acres rather than the
2 acre requirement. Councilman Weed
stated at the August ZBA meeting Carol Hynes received approval for a side lot
variance for an addition to property located at 5710 Crooked Street in Lake
District. Senior
Citizens – Councilwoman Sutch stated that she will be attending the Senior
meeting on Thursday. She went over
additional trips Senior’s have scheduled for remainder of year. Supervisor Hargrave stated that he had a ticket
if she was available to attend the Senior picnic at the Fair Grounds on August
28th.
MOTIONS AND RESOLUTIONS
Councilman Topper made a motion, seconded by Councilman Weed
to approve the General Abstract of Vouchers (A) dated 7/09/07 thru 8/14/07 for
a total of $36,413.25.
All ayes. MOTION
CARRIED
Councilwoman Sutch made a motion, seconded by Councilman Topper
to approve the General Abstract of Vouchers (B) dated 7/09/07 thru 8/14/07 for
a total of $13,357.57.
All ayes. MOTION
CARRIED
Councilman Weed made a motion, seconded by Councilwoman Sutch
to approve the Highway Abstract of Vouchers (DA) dated 7/09/07 thru 8/12/07 for
a total of $7,478.03.
All ayes. MOTION
CARRIED
Councilwoman Sutch made a motion, seconded by
Councilman Weed to approve the Highway Abstract of Vouchers (DB) dated 7/09/07
thru 8/12/07 for a total of $90,567.41.
All ayes. MOTION
CARRIED
Councilman Topper
made a motion, seconded by Councilman Weed to approve the Special Lighting
District Abstract of Vouchers (SL) dated 7/09/07 thru 8/12/07 for a total of
$111.88.
All ayes. MOTION
CARRIED
Councilwoman Sutch
made a motion, seconded by Councilman Topper to
approve the Supervisor’s Operating Statement for the period ending 7/31/07.
All ayes. MOTION
CARRIED
RESOLUTION # 50-2007 – Amend Resolution # 45-2007.
Supervisor Hargrave stated at last month’s meeting the Town Board
approved a resolution to install central air conditioning in the
Historian/Preservation Society Offices in an amount not to exceed $3,000.00. Supervisor Hargrave stated that he received three
quotes for this work:
BCS Refrigeration Air Conditioning & Plumbing Company
$5,153.60.
Roland J. Down
$3,887.00, not including electrical work
Suburban Services Group, Inc.
$3,983.00
Supervisor Hargrave will either need to have resolution amended or request more
quotes. Councilman Weed questioned if
these quotes were for the same size unit?
Supervisor Hargrave stated as far as he knew they all quoted same size
unit. 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 Amend Resolution # 45-2007 which authorize the Supervisor to spend up to
$3,000.00 for a central air conditioning system in the Historian/Preservation
Society Offices to $4,000.00.
All ayes. MOTION
CARRIED
Supervisor Hargrave
received one quote from C.T. Male Associates, P.C. for engineering design for
the installation of a Standby Power Generator for Town Hall Complex in the
amount of $11,600.00. Councilman Weed
requested that Supervisor Hargrave solicit a few more quotes on this project.
Supervisor Hargrave
& Councilman Topper will work on paperwork for grant project regarding
playing fields on Friday. Highway
Superintendent has given Town Board the information needed from Highway
Department participation in this project.
Supervisor Hargrave stated under Town Policy he is authorized to make
payment on contracted work.
Environmental Design
Partnership has authorized the
payments so tomorrow he will make the first installment to MEM &
Jablonski. Supervisor Hargrave wanted to
make Town Board aware of this before he made payment.
RESOLUTION # 51-2007 – Authorization for Supervisor to sign Bond Anticipation Notes in an
amount not to exceed $220,000.00 for ball field project. On a motion of Councilman Topper, seconded by
Councilman Weed the following resolution was ADOPTED: AYES – 4 NAYS
– 0
RESOLVED that the Galway Town
Board authorize the Supervisor to sign Bond Anticipation Notes in an amount not
to exceed $220,000.00 pursuant to the local finance law to finance the
construction of improvements to the Galway Recreational Fields.
All ayes. MOTION
CARRIED
Town Board will
review maps for proposed zoning revisions further
before scheduling for public hearing.
Councilwoman Sutch stated that wording needs to be placed on maps
advising that maps are guide purpose only.
RESOLUTION # 52-2007 – Authorization for Supervisor to sign agreement with County for
participation in the Reverse 9-1-1 Policy
& Procedures for Community Alert System.
Supervisor Hargrave stated this would be a fast method of notification
for residents of Saratoga
County if there is an
emergency situation relating to their safety.
On a motion of Councilman Topper, seconded by Councilwoman Sutch the
following resolution was ADOPTED: AYES – 4 NAYS
– 0
RESOLVED that the Galway Town
Board authorize the Supervisor to sign an agreement with Saratoga County for
participation in the Reverse 9-1-1 Policy and Procedures for a Community Alert
System at no cost to Town for use in disseminating emergency information to
town residents. If town uses this system
for purposes other that emergency notification, appropriate costs will be
charged to town.
All ayes. MOTION
CARRIED
Town Board had no
problem with September meeting being held on September 11th. Supervisor will give Town Clerk wording for
advertisement of Assessor position this week.
Highway Superintendent, Costanzo stated that Galway
had 9% participation in the household hazardous collect. Budget workshop dates will be set at next
meeting.
On a motion of Councilman Topper, seconded by Councilman
Weed the meeting was adjourned at 9:04 p.m.
All ayes. MOTION
CARRIED
Respectfully submitted,
Margaret L. DeFoe
Town Clerk