Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Minutes 12/1/04
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
DECEMBER 1, 2004
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Councilmen Mark A. Quinn, Robert E. Bailey, James W. Denney and Deputy Supervisor Peter V. Russo

Absent: Supervisor Clarence W. Mosher

                Deputy Supervisor Russo called the meeting to order at 7:30 PM.  Councilman Bailey gave the Invocation and Val DiGiandomenico was asked to lead us in the Pledge of Allegiance.

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

Town Council Reports:

                Councilman Quinn – “I met recently with Deputy Chief Macherone and Justices Migliore and Englert to address the court security situation.

                For the time being we will be deploying officers who are already in the patrol zone here to the courts in order to increase their presence there.  I am very happy to report that Judge Englert was kind enough to write a letter commending this move thus far.

                Secondly the Police Search Committee will be meeting to hold it’s organizational meeting tomorrow night and that is for the purpose of hiring a new Police Chief in January.  I spoke to former Deputy Supervisor Bradley and he is confident that we can hire a new chief within a two month time frame.”

                Councilman Bailey – “On the 23rd I attended a special meeting of the Schenectady County Legislature.  This was a meeting wherein they addressed the resolution to divide up the sales tax within the County.

                It was an interesting meeting.  Unfortunately it was not well attended.  I was the only representative from any of the towns there.  But ultimately the resolution was passed.  The break down is on an annual basis.  About eleven (11) million dollars goes to the City of Schenectady, roughly seven (7) million seven (7) hundred and some odd thousand is divided amongst the towns.

                There is a basis for that and that appears to be an equitable split.”

                The Privilege of the Floor was opened at 7:35 PM
                The following people exercised the Privilege of the Floor.

                Dave Gallup, 430 Sacandaga Road – Beukendaal Fire Department
                Chief Kasko, 36 Sacandaga Road – Scotia Fire Department
                Virginia Graney, 209 Parkland Avenue
                Daniel Wanmer, 8 Cartwheel Drive – Scotia Fire Department
                Val DiGiandomenico, Via Del Zotto Drive
                Mike Mclaughlin, 4 No. Ten Broeck Street, Scotia Mayor

                No one else wished to speak; Deputy Supervisor Russo closed the Privilege of the Floor.


RESOLUTION NO. 274-2004

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS, traffic safety and enforcement continues to be a priority and focus in the Town of Glenville; and

                WHEREAS, a key traffic safety initiative by law enforcement agencies across the State involves participation in the statewide “Buckle Up New York” seat belt enforcement campaign; and

                WHEREAS, the Town of Glenville Police Department has been an ongoing partner in this statewide traffic safety initiative from its inception; and

                WHEREAS, the Town of Glenville has applied for grant funding and has been awarded an annual grant in the amount of $3,000 by the State of New York Governor’s Traffic Safety Committee & Department of Motor Vehicles to participate in the statewide “Buckle Up New York” enforcement campaign, and

                WHEREAS, the grant period for this program is from October 1, 2004 through September 30, 2005, and

                WHEREAS, the goal of this traffic safety initiative is to raise the seatbelt compliance rate and to reduce injuries resulting from motor vehicle crashes across New York State utilizing multi-agency checkpoints and saturations patrols, combined with media outreach, and

                WHEREAS, this grant will not require matching funds by the Town of Glenville,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the Town Supervisor to sign into the Grant Agreement with the State of New York Governor’s Traffic Safety Committee to authorize the Town of Glenville Police Department to participate in this initiative.

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

RESOLUTION NO. 275-2004

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                WHEREAS the Town of Glenville did not request proposals for workers’ compensation coverage; and

                WHEREAS the Marshall Sterling provides the current Workers’ Compensation coverage,

                NOW, THEREFORE, BE IT RESOLVED that the Town of Glenville accepts the renewal of Marshall & Sterling and awards it the Workers’ Compensation coverage for the period January 1, 2005 through December 31, 2005 pursuant to the terms of its’ November 4, 2004 renewal notice.



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

Motion Carried

Discussion…

                Deputy Supervisor Russo – “What they are trying to do county wide is to come up with an agreement with Time Warner for all the towns in the city and that is basically what this consortium is.”

                James MacFarland – “We would have the ability to designate anyone we so choose to this council.”

                Councilman Denney – “We have not made that appointment at this time and I believe that we will do so at our Organizational Meeting if we adopt this.

                On the last page, this is the only element of it that I have an issue with.  The heading of it is “Municipal Approval of Counsel Actions” and it says that the municipalities agree that they will accept and take appropriate action on counsel recommendations unless the municipality adopts a resolution finding that such recommendations are not in that municipality’s best interest.  Any such resolution shall set forth specific reasons why the counsel recommendation is not the best interest of the municipality.

                I guess my attitude is that this seems to me that that is kind of jumping the gun and I am not prepared to seed that we need to do something in a certain way based on the recommendation of a body that hasn’t even been established yet.”

                Councilman Bailey – “I look at it as an escape clause, if the gang goes in a direction that we the Board of Glenville don’t want to go we can pass a resolution that says you are not going to do that.”

                Councilman Denney – “Why do I have to give them any reasons?  Why do we need to state it because in a prior section here (2.0) it says any municipality may resign from the council at any time.”

                Councilman Bailey – “If we have an issue I have no problem standing up and telling them what the reason is.”

                Councilman Denney – “We may not want to.  It may be to our disadvantage from a negotiating standpoint with Time Warner.  There may be a rational for not giving a reason from a negotiating perspective, so why should we commit to doing something that might not be in our best interest.

                We can resign obviously.  They didn’t say we have to give it a reason so we could always do that but it just seems to me that why should we bind ourselves to do something that might not be in our best interest.”

                Councilman Bailey – “Then there is probably a legal question, if we resign are we still bound by the agreement even though we have decided not to attend?”

                Attorney Mastro, Jr. – “I think the whole purpose of this is simply to increase each municipalities bargaining position with Time Warner and I think the draft or the agreement tried to straddle the line to create a unified negotiating front with Time Warner while at the same time not handcuffing any of the boards to go along with it so the provision that you are referring to is an opt-out provision and they just wanted some rational and the rational could be general.  We don’t think it is in the best interest of our rural residents to be a part of this type of agreement.”

                Councilman Quinn – “In banning together is negotiating from another position of strength.”

                Attorney Mastro, Jr. – “That is absolutely right.  That’s all it is.”

                Councilman Denney – “Why do you have to commit to some future action if you are already making the statement that you are prepared to do that.”

                Attorney Mastro, Jr. – “I think it is just part of the agreement.  We ban together for negotiation purposes and then I think Time Warner in negotiating with the representative of the group.  They have to have some comfort that they are negotiating with spokespeople who can represent the entire group of municipalities.  Other wise they could divide and conquer again.  The escape clause is, suppose they come up with an agreement and there is one particular provision we don’t think is good for the people in West Glenville it gives us an opt-out so that we are not absolutely bound and then we can negotiate directly on our own with Time Warner.”

                Councilman Denney – “What worst does it put us at if we did make it a determination and one of the other communities took issue with it and said “no that is really kind of bogus” what kind of risk are we placing ourselves at?.

                Attorney Mastro, Jr. – “I don’t think there’s any risk.  The worst risk is we separate from the pack and then Time Warner takes a real hard line with us and we are negotiating…

                Councilman Denney – “I am not advocating that, all I am saying is that I think this language is a little stronger than I would like.  On the other hand we could just resign.

                I am prepared to vote for it but I don’t like the language and if it could be changed personally I would rather see it be either eliminated or modified in some way, soften it up.”

                Deputy Supervisor Russo – “We could do that with this resolution because we didn’t draft this resolution, correct.”

                Attorney Mastro, Jr. – “We didn’t prepare the contract.  I think the escape language is a little bit more difficult to make it a little more difficult to get out and to try to get the commitment to the municipalities to cooperate with the negotiations.”

RESOLUTION NO. 276-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, municipalities within Schenectady County have determined that it is in their best interest to jointly negotiate franchise renewal agreements with Time Warner Cable, and

                WHEREAS, Schenectady County has offered their assistance in coordinating this effort resulting in the preparation of an agreement for the formation of a Schenectady County Cable Consortium Council, and

                WHEREAS, this agreement has been reviewed by the Town Attorney and Director of Human Services who approve of its content,  

                NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Glenville is hereby authorized to enter into an inter-municipal agreement resulting in the Town of Glenville’s participation in the Schenectady County Cable Consortium Council.

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

Motion Carried

RESOLUTION NO. 277-2004

Moved by:       Councilman Denney
Seconded by:    Councilman Quinn

                WHEREAS, a zoning map amendment application has been submitted by Concord Development Company, LLC to change the zoning of three parcels consisting of 9.11+ acres on Maple Avenue from Suburban Residential to Multi-Family Residential; and

                WHEREAS, the purpose of the zoning map amendment is to allow for the construction of a 52-unit townhouse project; and

                WHEREAS, the site in question in located on the west side of Maple Avenue, across from where Alplaus Avenue intersects Maple Avenue; and

                WHEREAS, if successful with the rezoning proposal, the applicant will be reconfiguring these three parcels, as well as two other parcels already zoned Multi-Family Residential in order to pursue the townhouse project; and

                WHEREAS, prior to the Town Board acting on a zoning map amendment application, the Board must hold a public hearing;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby schedules a public hearing for Wednesday, December 15, 2004 at 7:30 p.m., or as shortly thereafter as possible, at the Town of Glenville Municipal Center, to consider comments on the proposed rezoning application by Concord Development Company for properties located on Maple Avenue.

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

Motion Carried

RESOLUTION NO. 278-2004

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS due to the approval of a new subdivision in the Habel Lane area of the Town of Glenville, Habel Lane has been reconfigured; and

                WHEREAS the reconfiguration requires Habel Lane to have current residences to be renumbered thus allowing for the new lots to have appropriate address sequencing; and

                WHEREAS the renumbering set forth below has been recommended and approved by the Schenectady County 911 Coordinator, the Alplaus Fire Chief and the Town Building Department,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes for the following current addresses be changed to the following new addresses:


Tax Map ID                      Current address         New address

22.-1-13.5                      17 Habel Lane           11 Habel Lane
22.-1-13.121            19 Habel Lane           13 Habel Lane

                AND BE IT FURTHER RESOLVED that the following parcels of land are hereby assigned the following street addresses:

Tax Map ID                      Address

22.-1-28                        15 Habel Lane
22.-1-27                        17 Habel Lane
22.-1-26                        19 Habel Lane
22. -1-25                       21 Habel Lane

                AND BE IT STILL FURTHER RESOLVED that Linda C. Neals, Town Clerk, is hereby directed to send a copy of this resolution, within ten days of its adoption, to the Assessor, the Planning Board, the County Clerk and the United States Post Office, and

                AND BE IT STILL FURTHER RESOLVED that a copy of this resolution be published in the Daily Gazette and that the owners of each of the parcels of property identified above be notified by mail of these address changes and assignments.

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

Motion Carried


RESOLUTION NO. 279-2004

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS, the police department has received notification from four (4) police officers of their intentions to apply for retirement in 2005, and

                WHEREAS, we anticipate that two of these retirements will occur during the first six months of 2005, and   

                WHEREAS, said retirements will create police officer vacancies in the police department that will take over one (1) year to replace, and

                WHEREAS, the police department must be vigilant in its planning and forecasting to maintain proper staffing levels to provide for the public safety and services to the residents of the Town, and

                WHEREAS, the next Basic Course for Police Officers will start on January 19, 2005,   

                NOW THEREFORE BE IT RESOLVED, that this Town Board does hereby authorize the Chief of Police to conduct interviews with prospective candidates from the Schenectady County Civil Service list and to hire one candidate to be named to this position in the police department with an effective date to coincide with the start of the Basic Academy, and

                BE IT FURTER RESOLVED that the compensation for said officer be as set forth in the current P.B.A. contract.

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

Motion Carried

RESOLUTION NO. 280-2004

Moved by:       Deputy Supervisor Russo
Seconded by:    Councilman Denney

                BE IT RESOLVED, that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York on December 29, 2004 at 7:00 P.M., for the purpose of conducting any year-end business to come before said board, which meeting shall be a “SPECIAL SESSION” of the Board and open to the public.

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

        Motion Carried

RESOLUTION NO. 281-2004

Moved by:       Deputy Supervisor Russo
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York on January 5, 2005 at 7:30 P.M., on said date and at such place will conduct the ANNUAL ORGANIZATIONAL MEETING of said board for the year 2005.

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

Motion Carried

RESOLUTION NO. 282-2004

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the meeting held on November 3, 2004 be and they hereby are approved and accepted as entered.


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

Motion Carried

New Business:

                Councilman Quinn – “In response to Mr. Gallup’s comments I will be talking in more detail in my report at the next Town Board meeting about the status of the console.”

                Motion to adjourn was moved by Councilman Denney and Seconded by Councilman Quinn.

                The Town of Glenville Town Board Meeting was adjourned at 8:25 PM.

                                                                ATTEST:

______________________________
Linda C. Neals
Town Clerk