Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Minutes 11/17/04
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
NOVEMBER 17, 2004
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Supervisor Clarence W. Mosher, Councilmen Peter V. Russo, Mark A. Quinn and Robert E. Bailey

Absent: Councilman James W. Denney

                Supervisor Mosher called the meeting to order at 7:30 PM.  Supervisor Mosher gave the Invocation and Andy Coppola was asked to lead us in the Pledge of Allegiance.

                Supervisor Mosher asked the Town Clerk, Linda C. Neals, to call the roll. Everyone was present and accounted for except Councilman Denney who was out of town.

Town Council Reports:

                Councilman Russo – “A brief update on our fire training facility.  I think as you are aware we had mentioned that we are forming a consortium for the Community College, the Zone Five Police Academy and Safety Central.  Hopefully we’ll be making a presentation before the end of the year to Metroplex and other foundations.

                Secondly I’d like to mention that Saturday we had the grand opening of the Sutherland House.  Many of you saw the article in the Gazette Newspaper in which Jim Golden was singled out as having been the spark behind the renovation of that building as our History Center.  I know that Jim got his Rotary Club involved in it to the tune that they were just going to go up there and paint, they didn’t know Jim that well because it was more than painting that was done and it is a really fine building and it has it’s own access now behind the library.

                It is a great asset and I want to thank Supervisor Mosher for being the spark plug for the purchase and the foundation of that facility for the Town.”

                Councilman Quinn – “Just by way of announcement Mr. Supervisor, due to a death in the family of a committee member on the Traffic Safety Committee, their meeting has been rescheduled until tomorrow (11/4/04) at 4:00 p.m.”

                Councilman Bailey – “Just to supplement what Councilman Russo said that the opening of the History Center was a very nice affair, but I think what is inside is the nicest part of it.  There is a lot of history in there and I encourage everybody to go in and take a look at it.

                It’s really kind of interesting, my home is on one of the older roads in town and it is interesting to look at maps dated before the Civil War and see what I am sure was just a horse trail and my road still follows that trail.  If I look at some of the old settlers names on there I can find open foundation pits where there houses must have been.

                It is nice just to feel a part of history.

                Second item is just to mention that we had a public information session on a new community residence that is proposed and Mr. MacFarland will speak further on it later in the meeting.”

                The Privilege of the Floor was opened at 7:37 p.m.
                The following people exercised the Privilege of the Floor.
                Theresa Short, 19 Cedar Lane
                Carol Kiddle, 514 Orlinda Avenue
                Dan Wanmer, 8 Cartwheel Drive

                No one else wished to speak; Supervisor Mosher closed the Privilege of the Floor at 7:50 p.m.

Supervisor’s Comments:

                Supervisor Mosher called upon Deputy Chief Macherone and Councilman Quinn to come forward and explain the award that was presented to the Town of Glenville.

                Deputy Chief Macherone – “This year we were presented with, on November 9th an award from “Mother’s Against Drunk Driving”.

                We were recognized as one of nine agencies state wide to receive the “Law Enforcement Challenge Award” from the Mother’s Against Drunk Driving and the Department of Criminal Justice Services.

                This was in recognition of our traffic enforcement initiatives, really targeting on DWI enforcement also.  We have been the top in the County; this is our second year in DWI arrests.  We did submit for this award as a combination of DWI arrests and also our seatbelt enforcement, our child safety program.

                We are very proud and honored; on behalf of the Police Department to receive this recognition.”

                Councilman Quinn presented the award and congratulated the Police Department along with picture taking.

                Supervisor Mosher – “I’d like to call forward Jamie MacFarland to fill us in on the group home information meeting that was held recently.”

                James MacFarland – “Monday night we had a public information meeting at the Senior Center to discuss a proposed community residence at 72 Charlton Road.  It was nice that Supervisor Mosher and Councilman Bailey were able to make it.

                It was really one of the better public information meetings and that it was pretty thoughtful on the part of the public who attended as well as the representatives of OMRDD.

                Essentially the purpose of course was to bring the potential developer, the Developmental Disability Services Office together with the residence in the area so they can really understand what was occurring in converting the home to a community residence and then allow for any questions and answers that would come up.

                The main issues that were brought up, which I think are fairly common in these sorts of things, were really keeping the residential nature of the area in place to the best degree possible and safe access and egress from the property.  In particular the changes that they are proposing include enlarging the house to a degree, doubling the parking availability potentially for six to seven cars at a time and then putting a mound septic system in the back yard.

                There was a pretty good frank exchange between neighbors who were concerned about it and a representative from OMRDD.  At this point he can’t really promise anything in terms of satisfying everyone of the neighbors issues but certainly a good dialog was established and I think they will make a good faith effort to try to accommodate the neighbors concerns.

                I can add that, again I thought the neighbors to the property were really thoughtful in their comments and very respectful, which was nice to see, it hasn’t always been as smooth as that.  There would be the ability tonight if the board chose to act in some manner.  Our policy would typically call for no action unless there was something remarkable that had been presented prompting some sort of an objections or a recommendation of an alternative site.  If the board does not act tonight, and I guess my personal recommendation would be no action would be necessary, then as of November 21st a forty day waiting period will have past and the home would be allowed to be developed under the Mental Hygiene Law.”

                Councilman Quinn – “How many people stated any level of objection or concern in terms of neighbors, do you know how many?”

                Mr. MacFarland – “The gentleman that lives across the street had the most concern.  I think he and the neighbor right next door; I can’t even say they presented objections as much as concerns about again safe access, egress, so about three people all together made comments on the plan, a couple other questions besides that.”

                Councilman Quinn – “So the bulk of concerns were regarding safety more than anything?”

                Mr. MacFarland – “Certainly safety on Charlton Road and additionally the conversion of the house; again they need to prepare it for five residents who will be living there that the house maintain a residential character to its appearance and it appears as if their plans would allow for that.”

                Councilman Quinn – “You may recall one of the questions that I had last week was the ratio of aids to these folks, some of whom are not ambulatory.  Did you find out how many aids at any one time are going to working at the facility?”

                Mr. MacFarland – “They will, except for periods of the day when there may be as many as four of them absent from the home in some sort of treatment plant, when the home is fully occupied with five residents their typical would be two staff at that particular time.

                The other issue again, I know we talked a little bit about off street parking and making sure that was done.  There could be as many as six cars in that parking area at a time.  There was certainly discussion that that was greater than might be typical in a home but certainly homes that we see out there do have quite a few cars around, so trying to have the parking in a appropriate location screened to the greatest degree possible so there didn’t appear to be a large parking lot in the front of the yard were really the concerns.”

                Councilman Quinn – “Is it a standard or can they accommodate more cars…

                Mr. MacFarland – “There is a standard driveway there that is actually fairly sizable now and they propose to enlarge that to the creek side or the right side of the property as you view it.  There’s also some potential for a circular drive in front to allow for a little safer access and egress however not wanting that circular driveway to become also a parking area right in front of the home.  OMRDD indicated that they hadn’t specifically finalized those plans yet but would certainly be taking the neighbors concerns into play.”

                Councilman Bailey – “I think the consensus was that, although there might be some advantages of a circular driveway that nobody really thought it was the best choice.  That is the impression that I had.

                You asked about objections, let me just jump in and say it was also my impression that the people that spoke about it left the meeting with a feeling of trust and that, which I think is very good.  I don’t think that anybody really objected.  The individual that Jamie mentioned prefaced his remarks a couple of times by mentioning a couple of times that he had a nephew or a niece that needed the kind of care that this facility provided and he understood the need for it and he did not object to it he just was pointing out that it is a road that has some high speed traffic and it is on a curve.

                I visited the site after the meeting, unfortunately it was dark but I could see some things, with regard to expanding the driveway that is going to be moving in the direction of the creek.  Is there room there without threatening the creek or getting into issues with DEC or whoever controls the creek?”

                Mr. MacFarland – “They indicate that there is room there.  The driveway that is there is fairly large already but they will have to expand that in order to potentially accommodate those six cars and additionally the need to initially get to the back of the home where the septic system will also be occurring.  So they will have to satisfy environmental regulations when it comes particularly to that water body.  Although as we learn this is a bit of a unique project in that as a State operation not a private not for profit acting agent of the State but the State itself they won’t be needing to come to the Town for building permits or septic permits they can issue those on their own, similar to what a school could do.

                I have informed our building department and engineering department of their plans.  We will ask for copies of their plans as a courtesy and to have on file here.”

                Councilman Bailey – “Does the engineering department handle raised beds or is that the County?”

                Mr. MacFarland – “They would react in concert with the County on those…

                Councilman Bailey – “I thought they asked the County to review those.”

                Commissioner Coppola – “Yes they do.”

                Mr. MacFarland – “We will double check but their indication was essentially that they would be able to issue those permits.”

                Councilman Bailey – “I heard them say that they would keep us in the loop but they may not be looking to us for specific approvals.”

                Councilman Russo – “This location, not the idea of the house but the location, seems to be because it is a County road a high speed road in essence it is not a neighborhood it just seems like the wrong location to put a group home on.  I don’t know who makes those decisions at the State level…..

                Councilman Bailey – “There has been a team of people evidently based on what we heard there looking for a long time.  The thing to keep in mind is that three of the five residents that would be housed there are Glenville people.  Their families live right here in Glenville.”

                Councilman Russo – “No I don’t question the idea of it being in Glenville it is just that specific site seems to be very dangerous to me.”

                Councilman Bailey – “Part of the driveway plan is a configuration that is intended to allow people to drive in, turn around and drive out as opposed to backing out so they have given a lot of thought to what is going on here.”

                Supervisor Mosher – “They asked us if we would work with Latch Schmidt to see if some signage could be put up on both sides of the house to slow down traffic.”

                Mr. MacFarland – “There has been some work done on that corner to improve sight distances as cars are coming around.  There are some things that we can do I don’t think it would hurt to bring it to our Traffic Safety Committee just for comment, talk to Latch Schmidt at the County and make it as best as they can, but on this issue they said they went through seventy-nine homes and this is it.”

RESOLUTION NO. 261-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                        A RESOLUTION adopting the assessment roll for Water District No. 11 of the Town of Glenville, Schenectady County, New York and the assessment roll for Extensions No. 1 through 26 of said Water District.

                WHEREAS, on November 3, 2004 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Water District No. 11 of the Town of Glenville and Extensions Nos. 1 through 26 of said Water District; and

                WHEREAS, assessment rolls have been prepared by the Water Commissioners of Water District No. 11, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Water District No. 11 and Extensions Nos. 1 through 26 of said Water District; and

                WHEREAS, said assessment rolls were completed and filed in the office of the Town Clerk of said Town on June 1, 2004; and

                WHEREAS, due notice of the completion of said assessment rolls and of the time and place when and where this Town Board would meet to hear and to consider any objections that might be made to said rolls was duly given by the Town Clerk by the publication of due notice thereof in The Daily Gazette, a newspaper published in the County of Schenectady and circulated in the Town of Glenville, and this Town Board duly met at the time and place specified and a hearing was duly had upon said assessment rolls,

                NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

                SECTION 1.  Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

                SECTION 2.  This resolution takes effect immediately.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 262-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                        A RESOLUTION adopting the assessment roll for Extension No. 2 of Water District #8 of the Town of Glenville, Schenectady County, New York.

                WHEREAS, on November 3, 2004 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Extension No. 2 of Water District No. 8 of the Town of Glenville; and

                WHEREAS, assessment rolls have been prepared by the Water Commissioners of Water District No. 8, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with Extension No. 2 of Water District No. 8; and

                WHEREAS, said assessment rolls were completed and filed in the office of the Town Clerk of said Town on June 1, 2004; and

                WHEREAS, due notice of the completion of said assessment rolls and of the time and place when and where this Town Board would meet to hear and to consider any objections that might be made to said rolls was duly given by the Town Clerk by the publication of due notice thereof in The Daily Gazette, a newspaper published in the County of Schenectady and circulated in the Town of Glenville, and this Town Board duly met at the time and place specified and a hearing was duly had upon said assessment rolls,

                NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

                SECTION 1.  Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

                SECTION 2.  This resolution takes effect immediately.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 263-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                        A RESOLUTION adopting the assessment roll for the Acorn Drive Sewer and Woodhaven Sewer Waste Treatment Plant of the Town of Glenville, Schenectady County, New York.

                WHEREAS, on November 3, 2004 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Acorn Drive Sewer and Woodhaven Sewer Waste Treatment Plant of the Town of Glenville; and

                WHEREAS, an assessment roll has been prepared by the Sewer Commissioners of the Acorn Drive Sewer and Woodhaven Sewer Waste Treatment Plant, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Waste Treatment Plant; and

                WHEREAS, said assessment roll was completed and filed in the office of the Town Clerk of said Town on June 1, 2004; and

                WHEREAS, due notice of the completion of said assessment rolls and of the time and place when and where this Town Board would meet to hear and to consider any objections that might be made to said rolls was duly given by the Town Clerk by the publication of due notice thereof in The Daily Gazette, a newspaper published in the County of Schenectady and circulated in the Town of Glenville, and this Town Board duly met at the time and place specified and a hearing was duly had upon said assessment rolls,

                NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

                SECTION 1.  Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

                SECTION 2.  This resolution takes effect immediately.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None
Motion Carried

RESOLUTION NO. 264-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                        A RESOLUTION adopting the assessment roll for Sewer District No. 9 of the Town of Glenville, Schenectady County, New York.

                WHEREAS, on November 3, 2004 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Sewer District No. 9 of the Town of Glenville; and

                WHEREAS, assessment rolls have been prepared by the Sewer Commissioners of Sewer District No. 9, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Sewer District; and

                WHEREAS, said assessment rolls were completed and filed in the office of the Town Clerk of said Town on June 1, 2004; and

                WHEREAS, due notice of the completion of said assessment rolls and of the time and place when and where this Town Board would meet to hear and to consider any objections that might be made to said rolls was duly given by the Town Clerk by the publication of due notice thereof in The Daily Gazette, a newspaper published in the County of Schenectady and circulated in the Town of Glenville, and this Town Board duly met at the time and place specified and a hearing was duly had upon said assessment rolls,

                NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

                SECTION 1.  Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

                SECTION 2.  This resolution takes effect immediately.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 265-2004

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS the Town of Glenville is experiencing an unforeseen increase in the State Aid STAR administration fund money budget line 01.00.3042.0000 of approximately $12,838; and

                WHEREAS the Town needs to make a provision in the budget because the Assessor’s office is preparing appraisals for defense of certiorari cases filed on K-Mart and Cambridge Manor properties charged to the account 01.00.1355.4500

                NOW, THEREFORE, BE IT RESOLVED that the Glenville Town Board hereby authorizes the increase in the following budget lines:

                Expense:
                01.00.1355.4500 by $12,838 appraisal costs

                Revenue:
                01.00.3042.0000 by $12,838 STAR administration fund


Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstention:             None

Motion Carried

RESOLUTION NO. 266-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville needs to amend its Premium Only Plan for 2004; and

                NOW, THEREFORE, BE IT RESOLVED, that Amendment Number One to the Premium Only Plan effective January 1, 2004, presented to this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment; and

                BE IT FURTHER RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify employees of the employer of the adoption of this Amendment Number One to the Premium Only Plan by delivering to each employee a copy of the summary description of the changes to the Plan in the form of the Summary Plan Description – Material Modification presented to this meeting, which form is hereby approved.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

Discussion:

                Arkley L. Mastro Jr. – “The next three resolutions all involve the offer of dedication of new roadways to the Town of Glenville for ownership and maintenance in the future.  It is that time of year when the builders and developers have been building throughout the spring and summer and they see snow coming and they want to make sure that the town snowplows go down their streets so they are offering their streets to the Town for acceptance and that is what each of these resolutions are for.

                The first one involves a property known as Countryside Court off of Lakehill Road in the Town of Glenville.  The road is complete the Commissioner of Public Works has indicated that the road is down in its’ entirety, including a top coat.  The Town of Glenville has a letter of credit in an amount sufficient to guarantee any maintenance and repair that may be done in the next twelve months and this resolution indicates the Boards’ intent to accept this road upon my review of the title report showing that the title is clear.

                I recommend its’ approval.”

RESOLUTION NO. 267-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS, a certain parcel of land designated as Countryside Court, Lakehill Road Subdivision, has been offered for dedication to the Town of Glenville for highway purposes by Frank A. Emmer and Tricia A. Emmer, the owners of said land as described in an abstract of title prepared by Bennett Abstract Corporation dated August 4, 2004; and

                WHEREAS, by notification dated October 25, 2004, Andimo A. Coppola, the Commissioner of Public Works of the Town of Glenville, has recommended acceptance of said parcel for dedication for highway purposes, upon the completion of construction of said roadway in accordance with Town of Glenville specifications and the filing with the Town of Glenville of a Letter of Credit in the amount of One Hundred Thirty-Nine Thousand Two Hundred Twenty-Seven Dollars ($139,227) to guarantee any maintenance and repairs required to said roadway by the Town for a period of one (1) year after said road is constructed and accepted by the Town; and

                WHEREAS, said Letter of Credit has been filed and the Commissioner of Public Works has indicated road construction has been completed to his satisfaction; and

                WHEREAS, Arkley L. Mastro, Jr., the Town Attorney, has ordered a policy of title insurance relating thereto;

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville in regular session duly convened that upon notification from the Town Attorney that the title insurance policy has been issued, the Town Board agrees to accept the deed of dedication on the said road, to be known as Countryside Court, and directs the Town Clerk to record the same in the Schenectady County Clerk’s Office.

Ayes:           Councilmen Russo, Quinn, Bailey, and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

Discussion:

                Arkley L. Mastro, Jr. – “This resolution is similar to the last except it involves several roads in the Willowbrook Subdivision.  This also provides that the Town of Glenville retain either a performance bond or a letter of credit when the developer purchases a performance bond or a letter of credit it costs them a premium like any other insurance policy.  This developer has chosen not to buy a performance bond but provided the Town of Glenville with a check in the amount of one and one half times the completion of the road, which is done with the exception of the top coat of asphalt.

                This authorizes the Town Attorney to record the deed once we have determined the title search shows that the property is free and clear of any liens.  I recommend its’ approval.”

RESOLUTION NO. 268-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, certain parcels of land within the Willowbrook Subdivision have been offered for dedication to the Town of Glenville for highway purposes by Princetown Developers, LLC, the owners of said lands as shown on four (4) plans prepared by Gilbert VanGuilder Land Surveyor, PLLC dated September 15 and 20, 2004; and

                WHEREAS, by notification dated October 25, 2004, Andimo A. Coppola, the Commissioner of Public Works of the Town of Glenville, has recommended acceptance of said parcels for dedication for highway purposes, upon the completion of construction of said roadways in accordance with Town of Glenville specifications and the filing with the Town of Glenville of an attorney check in the amount of Fifty-Three Thousand Six Hundred Sixty-Six Dollars ($53,666) to guarantee completion of the top coat of asphalt and any maintenance and repairs required to said roadways by the Town for a period of one (1) year after said roads are constructed and accepted by the Town; and

                WHEREAS, said attorney check has been deposited with the Town Comptroller and the Commissioner of Public Works has indicated road construction has been completed to his satisfaction subject to the above top coat application; and

                WHEREAS, Arkley L. Mastro, Jr., the Town Attorney, has ordered a policy of title insurance relating thereto;

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville in regular session duly convened that upon notification from the Town Attorney that the title insurance policy has been issued, the Town Board agrees to accept the deed of dedication on the said roads, to be known as Alder Lane, Colin Drive, Dorothy Lane, and stormwater management area within the Willowbrook residential subdivision, and directs the Town Clerk to record the same in the Schenectady County Clerk’s Office.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

Discussion:

                Arkley L. Mastro, Jr. – “This resolution had some last minute modifications because it was determined that in addition to roads being offered for dedication, being Mountainwood Drive and a portion of Jordan Road, that it was intended to offer to the Town an additional road within the Glenview Point Subdivision to be known as Valleywood Drive.

                Superintendent of Public Works has inspected those roads, found them to be built to Town specifications with the exception of the last top coat of asphalt which will be done in the spring.  We have letters of credit equal to one and one half times the amount necessary to put that top coat on.  It is my understanding that since the resolution was drafted an additional letter of credit was received by the Town Clerk so in addition to the $55,000 indicated on the resolution we now have an additional $50,000.  The letters of credits now total $105,000 and again this is subject to my review and approval of the title work for the roads.

                With a simple amendment that the total letter of credits now equal $105,000 and I recommend its approval.”

                Councilman Quinn – “Does the second letter of credit represent the addition of Valleywood Drive extension?”

                Mr. Mastro, Jr. – “Yes.”

RESOLUTION NO. 269-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, certain parcels of land within the Glenview Pointe Subdivision Phases II and III, known as Mountainwood Drive, Valleywood Drive Ext., and a portion of Jordan Road, have been offered for dedication to the Town of Glenville for highway purposes by Beam Reach, LLC, the owners of said lands as shown on a plan prepared by John M. McDonald Engineering, P.C. dated July 27, 2004; and

                WHEREAS, by notification dated October 25, 2004, Andimo A. Coppola, the Commissioner of Public Works of the Town of Glenville, has recommended acceptance of said parcels for dedication for highway purposes, upon the completion of construction of said roadways in accordance with Town of Glenville specifications and the filing with the Town of Glenville of a letter of credit in the amount of Fifty-Five Thousand Dollars ($55,000) and a check in the amount of Fifty Thousand Dollars ($50,000) totaling One-Hundred Five Thousand Dollars ($105,000) to guarantee the top coat completion and any maintenance and repairs required to said roadways by the Town for a period of one (1) year after said roads are constructed and accepted by the Town; and

                WHEREAS, said letter of credit has been filed and the Commissioner of Public Works has indicated road construction has been completed to his satisfaction, subject to the above top coat application; and

                WHEREAS, Arkley L. Mastro, Jr., the Town Attorney, has ordered a policy of title insurance relating thereto;

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville in regular session duly convened that upon notification from the Town Attorney that the title insurance policy has been issued, the Town Board agrees to accept the deed of dedication on the said roads, to be known as Mountainwood Drive, Valleywood Drive Ext., and a portion of Jordan Road within the Glenview Pointe Subdivision Phases II and III, and directs the Town Clerk to record the same in the Schenectady County Clerk’s Office.


Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 270-2004

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS the Town of Glenville Comprehensive Plan was adopted by the Town of Glenville Planning & Zoning Commission on April 9, 1990, and is endorsed by the Glenville Town Board shortly thereafter; and

                WHEREAS the Comprehensive Plan remains a relevant, valuable document that is continuously consulted by the Town’s Planning and Zoning Commission, Environmental Conservation Commission, Park Planning Commission, Town Board and Town staff,

                NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville reaffirms the validity of the Town of Glenville Comprehensive Plan, in recognition that the Plan continues to serve as a basis for decision-making by various Town commissions and Boards.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 271-2004

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                WHEREAS there is funding available under a competitive grant process through the NYS Office of Parks, Recreation and Historic Preservation to provide funding for the 2004 Recreational Trails Program; and

                WHEREAS the Town of Glenville in collaboration with the County of Schenectady is desirous of filing an application for funding for the restoration of the portion of the Mohawk-Hudson Hike Bike Trial located in Glenville, New York,

                NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville approves of the submission of an application for funding offered by the NYS Office of Parks, Recreation and Historic Preservation under the auspices of the 2004 Recreational Trails Program; and

                BE IT FURTHER RESOLVED that the Town agrees to fund its portion of the costs of the project which will equal twenty percent of the total project cost, to be matched with in-kind services and budgeted recreational fee revenues dedicated to Parks development and maintenance; and

                BE IT STILL FURTHER RESOLVED that Clarence Mosher, Town Supervisor, is authorized to act on behalf of the County of Schenectady in all matters related to this grant submission and financial assistance, and is authorized to sign, certify and file the application for funding.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 272-2004

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                BE IT RESOLVED that the Monthly Departmental Reports for October 2004, as received from the following:

                Assessor’s Department
                Building Department
                Justice Department
                Police Department
                Receiver of Taxes
                Town Clerk's Office
                Water Department
                Section 8 Housing Payments

be, and they hereby are accepted, approved for payment and ordered placed on file.

Ayes:           Councilmen Russo, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            None

Motion Carried

RESOLUTION NO. 273-2004

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the meeting held on October 20, 2004 be and they hereby are approved and accepted as entered.

Ayes:           Councilmen Russo, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Denney
Abstentions:            Councilman Bailey

Motion Carried

New Business

                Councilman Russo – “We received the notice about the County Legislature Meeting on the sales tax.  If you saw today’s newspaper about the City being very upset with their $11 million dollars, I think if we should get as many people down there as possible.

                It is next Tuesday night at 7:00 p.m.  I just wanted to call it to everyone’s attention.”

                Supervisor Mosher – “I had a conversation this afternoon with the Chairwoman of the County Legislature, Susan Savage, she was in Florida.

                The County has sort of laid down the law to the City, take it or leave it and that came out very clear in the paper this morning.  They are afraid that if they don’t get an agreement from the City for $11 million dollars that the State will make them except $9.1 million dollars.  I don’t know why but that would be quite a reduction.

                I had a long conversation with Cathy Lewis and she is going to be at that meeting.  She has asked a lot of questions and has gotten no answers from the County.  I talked to Supervisor Luke Smith this afternoon; he has acted a spokesman for the Supervisors.  Not all of his comments were in today’s paper.  He is looking for assistance in economic development for the different towns.  We would get the same amount of sales tax money as we have gotten.

                Originally when we had a meeting in August with all of the Supervisors and the City and the County, we were told that it was pretty much agreed upon that we would get the same amount of money that we have gotten in the past just for one year and then after this one year started we would all work together for a new sales tax agreement.  We think that there is more money there.  The County Legislature has said that there is more money there, but we never seem to get above that magical sixty-percent where we get more money.  We are always at about fifty-seven, fifty-eight percent.

                I am glad that we are going to get the same amount of money that we have gotten in the past years.  There was the talk that we might get less or none.  We couldn’t afford it.  I told the County Legislatures that we would have a taxpayer’s revolt on our hands in all of the towns.

                I advise you all to go and represent the Town of Glenville.  I think we are going to do alright.  I wish that we had just agreed upon one year at this amount and that we had come to an agreement, all of us together, for more sales tax money because I think there is more sales tax money there.  What they are looking for in the County Legislature right now is a four to six year contract.  They say a six year contract is to protect us in case the sales tax goes down.  I can live with four years.  I would like to see if we can’t live with something less than that.”

                Councilman Russo – “I know that the newspaper published what the total sales tax that the County received was close to $24 or $25 million in that area and what the divvied up among the towns and the city comes to $17 million and the rest of it going to the County and that was not the original intent.”

                Councilman Quinn – “It is very frustrating because nobody can explain with any kind of rational how the money is distributed.  It is very often contrary to common financial sense.”

                Supervisor Mosher – “Not the least has been the sales tax that has been paid by General Electric that has to be paid back to General Electric there has been no determination how or when or if we are going to pay back that sales tax.”

                Motion to adjourn was moved by Councilman Russo and Seconded by Supervisor Mosher.

                The Town of Glenville Town Board Meeting was adjourned at 8:40 PM.




                                                                ATTEST:



_______________________________
Linda C. Neals
Town Clerk