REGULAR MEETING
FEBRUARY 13,, 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 Michael Tillson Councilman William Topper Councilwoman Susan Sutch
Councilman George Weed

OTHERS PRESENT: A. Oakley; J. Sivik, Deputy Clerk; D. Costanzo, Highway Superintendent; T. Killeen, Assessor; M. Concilla, Building Administrator & 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 January 9, 2007 Regular Meeting & February 6, 2007 Public Hearing as submitted.
All ayes. MOTION CARRIED

Communications – Town Clerk stated that Town Board Members received copies of the following correspondence: Highway Superintendent’s report for January & projected schedule for February; Assessor’s Report dated 2/13/07; Dog Control Officer’s report for January; Correspondence from Louis Buhrmaster requesting letter of support be sent from town to NYS DEC regarding proposed changes to Dam Safety Regulations; Letter from Saratoga County Planning Department to Michael VanWart in response to his letter requesting action from County on Town of Galway’s proposed zoning update; Letter to Michael VanWart from Supervisor Hargrave addressing concerns from February 6, 2007 letter; Letter from Michael VanWart dated February 12, 2007 requesting information on what data was used from State/County to classify his property as Agricultural on the 9/30/05 Agricultural overlay & what data was used from 2000 to give his property an Agricultural Assessment on maps 4 & 5 of Comprehensive Plan; Correspondence from Mary Adams of Whitesides Road stating her displeasure with amount Highway Department is cutting on right-of-way; Letter from Attorney Horigan regarding pending litigation on West Galway Road; Letter from Karl Hoegemann to Grievance Board stating his desire to dispute termination; Correspondence from Tim Fisher, Planning Board Member advising of his resignation from that Board as of January meeting due to the sale of his home; Correspondence to Highway Superintendent, Costanzo regarding pending litigation over intersection of Route 29 & Route 147; Letter from Jonnathan Griffin, Life Scout requesting Eagle Scout Project at Stimson’s Cemetery on Consaul Road; Letter from Highway Superintendent, Costanzo to Jonnathan Griffin advising him that Town has authorized his Eagle Scout project at Stimson’s Cemetery& Saratoga County Planning Board minutes dated December 21, 2006. Correspondence was received from Saratoga County Board of Supervisor’s advising of three properties in town to be placed on auction block for March 20, 2007: Thomas Kronk; Michael Malagiero & Stanley Lewandowski. Town of Milton advising of their Resolution petitioning state to adopt legislation to provide for property tax reform. Correspondence from Adirondack Trust Insurance Agency regarding policy change. Notification from NYS DOT regarding the upcoming replacement of culvert beginning at Route 147 & Route 29; Highway Superintendent, Costanzo stated that road would be closed for approximately 28 days. Letter from Councilman Tillson advising that he completed audit of both Justices cash receipts for 2006 and found everything to be in order. Bid opening held on January 16, 2007 for 2007 Brush Bandit, Model 1590 Brush Chipper; one bid presented from:
William Biers, Inc.
Port of Albany
Albany, NY 12202
Bid: $36,529.00
Letter from Saratoga County Treasurer’s Office with list of payments to Town of Galway for 2006 for Sales Tax, Mortgage Tax & Dog Impoundment fees. Correspondence from Greater Galway Community Service Association with Pantry report for November; meeting minutes; income/expense for 2006 and estimated amounts for 2007; Income/Expense break down for November & December 2006. Letter from Supervisor Hargrave advising that he audited Town Clerk’s records for 2006 and found everything to be in order. Correspondence from David Abrams advising that he was renewing his Liquor License with State for another two years. Annual report from Galway Youth Commission was received and available for review. Several letters were received from NYS DEC regarding: Vehicle Dismantler Facilities; Information on when a Department-issued TRP is necessary & Information on State Wildlife Grant Program. Information from Empire State Development with reference to the 2010 Census. Supervisor Hargrave stated that he received correspondence from Saratoga County Planning Board on the SEQRA review process, with sample resolution. Supervisor Hargrave stated that Mr. VanWart’s recent letter was in response to his letter. He will forward current requested information on to Consultant for her input on this data.

Privilege of the Floor – None.

COMMITTEE REPORTS: Library – A. Oakley advised that circulation for January was 1,728 with 6 new Library cards issued. “Hot Reads for Cold Nights”, the adult winter reading program will continue thru March 17^th. Library will run a “Food for Fines” program March 10^th thru 24^th. Patrons will be able to pay overdue fines with can food donations for pantry. Friends of Library will hold a dance at school on March 31^st from 8-11 p.m. open to adults & students in grades 9-12 for $10.00 including
hors d’oeuvre & dessert. Computer classes are now being offered at Library. Alissa left brochures on computer classes for distribution at Town Hall. The 2006 Annual Report was given to all Board Members for their review. Assessor – In addition to report, Tracy gave Board Member copies of information on Governor Spitzer’s Middle-Class STAR Program. Historian – No Report. Public Safety – No Report. Property – No Report. Councilwoman Sutch stated that she is in the process of auditing the Town’s book, she is currently done thru June. Councilwoman Sutch anticipates being done with the remainder of 2006 within a few weeks. Public Affairs – No Report. Buildings & Grounds – Councilman Topper stated that bid specification packet had been received from Engineer for Playing Fields. Would like everyone to review and get back to him with any concerns. Councilman Topper would like to have project ready to go out for bid next month. Supervisor Hargrave met an associate of Congresswoman Kristen Gillibrand at the Saratoga County Offices and was advised by him to apply for a grant to help fund playing field project. Councilman Topper will electronically file grant information tomorrow, before the February 15^th deadline. Highway – Highway Superintendent, Costanzo stated he had addressed the email from Mary Adams. Dave advised that the Highway Department had dumped about 12 loads of fill at ball field. Highway Department hopes to continue delivering fill thru February & March. County & Town – Supervisor Hargrave stated that there may be an announcement from County in March or April about additional funds coming from County on fund balance.

LIAISON REPORTS: Planning Board – Peter & Christina Guidarelli received approval for a 2-lot subdivision on Nassel Drive in Lake District. Much of the evening’s meeting was discussing the home occupation request on Jockey Street by Peter Harrison. Peter Harrison received approval for a home occupation involving the making/distribution of fine furniture on his property located at 6280 Jockey Street. Cellco Partnership received approval for the addition of a six foot diameter dish to the existing cell tower located at 2089 NYS Route 29. Alexander Milton was scheduled for a public hearing in February on proposed 4-lot subdivision on Galway Road. James & Pamela Lombard received approval for a lot line adjustment between two of his parcels on Hart Road A of Lake District. Douglas Cath’s application for a subdivision on McConchie Road was tabled, due to applicant not being present. Betty Keller was in for a lot line adjustment between her property and Leonard Weiss, will require further review by board. Bruce & Vivian Sleight were scheduled for public hearing in February for 2-lot subdivision on Consaul Road. Robert & Mary Cunningham purchased lot 10 from the Scripter major subdivision, and are now looking to subdivide 4+ acres from their 24.5 acre parcel. They would be creating a flag lot with this subdivision, which was a concern. Also, this will fall under the major subdivision requirements, since the original subdivision was approve within the last five years. Jane Brooker was scheduled for a public hearing in February for a 2-lot subdivision on Bliss Road. Karen & James Dotterweich were in for a presubmission conference/preliminary review – site plan review/special use permit for sales/service of tractors/power equipment/periodic rental of U-Haul equipment in the C-1 Commercial Zone located at 6049 Fish House Road. Applicants also own car wash across the road from this site. Councilman Topper stated that he didn’t receive his notification of the public hearing on the project on Jockey Street. Councilman Topper stated that he believes this problem is from U. S. Post Office, would like to possibly look at another way of notifying neighbors. Board went into discussion regarding this. Will discuss further with Planning Board Chairman. Youth – No Report. ZBA – Councilman Weed stated that Zoning Board Meeting will be held tomorrow night. Senior Citizens – Councilwoman Sutch stated she attended the February 1, 2007 meeting of the Senior’s with 26 members in attendance. They thanked Town Board for the level of funding received for 2007. One of the senior’s turned 93 on the 7^th of February.

MOTIONS AND RESOLUTIONS

Supervisor Hargrave stated that two items would be removed from the A Abstract. Both items are Amerigas payments totaling $1,973.18, the corrected total for A Abstract Vouchers will be $49,020.10.

Councilman Tillson made a motion, seconded by Councilman Topper to approve the adjusted General Abstract of Vouchers (A) dated 1/10/07 thru 2/11/07 for a total of $49,020.19.
All ayes. MOTION CARRIED

Councilwoman Sutch noted in B Account, that Planning Board Member Timothy Fisher was in a different G/L Account than the rest of Planning Board. Supervisor Hargrave stated that he would advise Bookkeeper and she will make correction as a journal entry.

Councilman Topper made a motion, seconded by Councilman Weed to approve the General Abstract of Vouchers (B) dated 1/10/07 thru 2/11/07 for a total of $9,245.42.
All ayes. MOTION CARRIED

Councilman Tillson made a motion, seconded by Councilwoman Sutch to approve the Highway Abstract of Vouchers (DA) dated 1/10/07 thru 2/11/07 for a total of 50,092.42.
All ayes. MOTION CARRIED

Councilman Weed made a motion, seconded by Councilwoman Sutch to approve the Highway Abstract of Vouchers (DB) dated 1/10/07 thru 2/11/07 for a total of $298.03.
All ayes. MOTION CARRIED

Councilman Topper made a motion, seconded by Councilman Weed to approve the Lighting District Abstract of Vouchers (SL) dated 1/10/07 thru 2/11/07 for a total of $158.95.
All ayes. MOTION CARRIED

Councilman Weed made a motion, seconded by Councilman Tillson to approve the Galway Fire Protection District (GF) dated 1/10/07 thru 2/11/07 for a total of $200,000.14.
All ayes. MOTION CARRIED

Councilman Topper made a motion, seconded by Councilwoman Sutch to approve the Harmony Fire Protection District (HF) dated 1/10/07 thru 2/11/07 for a total of $15,332.13.
All ayes. MOTION CARRIED

Councilwoman Sutch made a motion, seconded by Councilman Topper to approve the Supervisor’s Operating Statement for the period ending 1/31/07.
All ayes. MOTION CARRIED

Supervisor Hargrave stated that all Board Members received copies of the letter from Louis Buhrmaster regarding proposed changes to Dam Safety Regulations. Supervisor Hargrave questioned if Board would like to send letter in support of Mr. Buhrmaster’s request on proposed regulations? Board went into discussion regarding this matter. Board had concerns with possible liability. Supervisor Hargrave will contact Town Attorney for clarification. Current Engineering report should be made available for town. Supervisor Hargrave will also contact Environmental Design Partnership for their input on this request.

RESOLUTION # 9-2007 – Adoption of the revised Controlled Substances & Alcohol Testing Policy. 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 adopt the revised Controlled Substances and Alcohol Testing Policy.
All ayes. MOTION CARRIED

RESOLUTION # 10-2007 – Reappointment of Arlene Rhodes to the Library Board. On a motion of Councilman Weed, seconded by Councilman Topper the following resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board reappoint Arlene Rhodes to the Library Board with a term commencing 1/1/07, to expire 12/31/11.
All ayes. MOTION CARRIED

RESOLUTION # 11-2007 – Letter of support for grant request from State by Saratoga P.L.A.N. to demolish the Des Roches house on Crane Road. Councilwoman Sutch stated that Saratoga P.L.A.N. is requesting a $29,300.00 grant from Assemblyman Tedisco’s. Long range plan for site would be parking area and walking trails for public access. Board went into discussion regarding property. On a motion of Councilman Topper, seconded by Councilman Weed the following resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board authorize Councilwoman Sutch to send a letter of support to Assemblyman Tedisco’s office for his consideration of the grant request by Saratoga P.L.A.N. for removal of the Des Roches house on Crane Road.
All ayes. MOTION CARRIED

RESOLUTION # 12–2007 – Accept bid for Brush Chipper. 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 accept the bid from William Biers, Inc., for a 2007 Brush Bandit, Model 1590 Brush Chipper at a cost of $36,529.00 to be charged to Account #: DA5930.2 Machinery Equipment.
All ayes. MOTION CARRIED

RESOLUTION # 13-2007 – Approval of quote for replacement of floor in board room & kitchen. Supervisor Hargrave stated that he received the following quotes for replacement of flooring:

Four Star Flooring Ballston Carpet & Tile Carpetland
102 Quaker Road 2130 Saratoga Road 411 West Main Street
Queensbury, NY 12804 Ballston Spa, NY 12020 Amsterdam, NY 12010
$3,312.50 $3,980.00 $3,650.00

Supervisor Hargrave stated that Four Star Flooring & Ballston Carpet & Tile include the disposal of old tile material in bid. Carpetland requires town to dispose of old tile material. Board went into discussion regarding quotes. Supervisor Hargrave stated that town can’t make a down payment on work. Supervisor Hargrave stated that once materials have been delivered, town can pay potion of bill that addresses materials. No pre payment for services is allowed. Supervisor Hargrave will make arrangement for work to be done when town meetings are not scheduled. 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 accept the quote from Four Star Flooring for the replacement of flooring in meeting room & kitchen, including the removal of old materials at a cost of $3,312.50 to be charged to Account #: A1620.4 Building CE.
All ayes. MOTION CARRIED

RESOLUTION # 14-2007 – Appointment of Margaret Phillips to Planning Board. 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 appoint Margaret Phillips to the Planning Board to fill the vacancy of Timothy Fisher, term to expire 7/1/09.
All ayes. MOTION CARRIED

RESOLUTION # 15-2007 – Authorization for Supervisor to send letters to NYS DEC; Town of Galway Planning Board & Saratoga County Planning Department notifying agencies that Galway Town Board will be establishing Lead Agency Status for review of SEQRA on proposed Zoning Update. Supervisor Hargrave stated that he discussed SEQRA process with County Planning Department. They drafted a letter which the town will need to forwarded to (3) agencies notifying them of this. Three agencies then have 30 days to contact town if they object. 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 authorize the Supervisor to send letters to NYS DEC; Town of Galway Planning Board & Saratoga County Planning Department notifying them that Galway Town Board will be establishing themselves as Lead Agency for review of SEQRA on proposed Zoning Update.
All ayes. MOTION CARRIED

Other Business

Councilwoman Sutch had concerns with proposed Local Law # 1-2007. She had a copy of September/October 2006 Town Topics where it addressed administration & enforcement of State Building Code. Town Clerk will make copies of this newsletter for other Board Members to review. Town Clerk will forward copy of this correspondence to Town Attorney for his review before Board votes on Local Law in March.

RESOLUTION # 16-2007 – Schedule workshop on zoning update. Supervisor Hargrave will get a list of items Town Board will be reviewing at workshop for clerk to give out. Agricultural overlay maps; animal control/code enforcement officer acting as prosecutor on violation issues with town court; comments from Sheelagh Baily; footage requirement on adult use in commercial district & other zoning maps. Town Clerk questioned if wording was going to be put on maps indication map status as of “said” date? Clerk also suggested that a time frame be given as to when maps will be updating on new zoning. Councilman Tillson stated that maps should be updated every 3-4 years, but doesn’t want to commit to a set schedule. Councilman Tillson would like to have on map “Based on 2006 Parcel Data”. 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 schedule a workshop to review the information received from public hearing on proposed zoning regulations update on March 6, 2007 at 7:00 p.m.
All ayes. MOTION CARRIED

Councilwoman Sutch made a motion, seconded by Councilman Tillson to adjourn the meeting at 9:15 p.m.
All ayes. MOTION CARRIED

Respectfully submitted,

Margaret L. DeFoe
Town Clerk