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Town Board Minutes 3/16/05
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
MARCH 16, 2005
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


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

Absent: None

                Supervisor Mosher called the meeting to order at 7:30 PM.  Councilman Russo gave the Invocation and Mark Kestner 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.

Town Council Reports:

                Councilman Quinn – “The Supervisor and I attended the Traffic Safety Committee Meeting last week.  Tom Melander, who is our Traffic Engineer in the town, prepared a town wide traffic analysis for 2004.  The good news is that accident frequency was down versus 2003, but the bad news is that accident severity was up slightly and by severity that means fatal and personal injury accidents.  Both the Supervisor and I took the first steps in drafting a resolution that would reduce the speed limit on many of our connector roads to 35 mph.

                I have also met with Chief Boyle and Deputy Chief Macherone and we’ve discussed possible ways of improving traffic safety, which include the possible resumption of our traffic safety vehicle, you may recall that was solely dedicated to traffic safety and also adopting a zero tolerance approach to hostel or road rage types of incidents.  I don’t know how the rest of you feel but I can tell you my own experience is I see a lot more hostel driving in this town as well as most of suburbia and it is time to put an end to that.”

                Councilman Bailey – “The Supervisor, James MacFarland, Jeff Gemmette and I met yesterday on the plans to appoint a person to handle our OSHA duties.”

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

                Dave Gallup, 430 Sacandaga Road

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

Supervisor’s Comments:

                Supervisor Mosher – “It is always good to get letters of “thanks” and this gentleman appeared before the Town Board a few weeks ago to talk about a dangerous dog situation.  He has written to Richard Trzeciak, Dog Control Officer and I would just like to read a part of it.

Dear Rick:

Thank you for your letter dated March 4, 2005 regarding the “dangerous dog” situation at 158 Birch Lane.  I very much appreciate the update on the final disposition of the case.  I am pleased with the final result for myself, and for our neighborhood, but I fear that the problem is just being transferred to another neighborhood in another Town.  However, we have no control over that situation and can only hope that whatever Town Flynn moves to has as good a dog control officer as we do in Glenville.  I was also very pleased with the help and response that I received from the other Town Officials.

I wish to thank you for all of your help and cooperation over the past couple of years.  It is rewarding to see the system work when all parties concerned get together and resolve the problem.  I will pass the good news on to my neighbors as I see them outside this spring.

Rick thanks again for helping to make our great neighborhood safe and peaceful once more.  I no longer feel like a “prisoner” in my own house and can once again walk my dog along Birch Lane without fear of Flynn’s dog.

Sincerely,
K. Wayne Bunn

                The second letter addressed to me was from the Scotia-Glenville Seniors, Inc.:

Dear Clarence:

The Town’s contribution of $100 to the Memoir Project has been received and is much appreciated.  Our booklet will be finished in a few weeks, just in time to present it at the annual Anniversary Party at the Glenville Senior Center on April 3.

Jamie MacFarland is a valuable member of the Memoir Project Committee.  He provides us with historical information, names and dates, and his special way of solving problems and encouraging success!

Many thanks for your support.  The Town of Glenville will receive a copy of the booklet when it is complete.

Sincerely,
Joan Gould
Memoir Project Coordinator


RESOLUTION NO. 86-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                WHEREAS, by resolution #230-2001 the Town Board determined that the building located at 536 Swaggertown Road is unsafe and dangerous and presents a clear and imminent danger to the life, safety and health of any person who may be in it or near it; and

                WHEREAS, bids for demolishment have been obtained and the low bid is that of Dunmore Contracting, Inc., 284 Finley Road, Ballston Spa, NY for $9,500; and

                WHEREAS, the dangerous and unsafe building was demolished by Dunmore Contracting, Inc. on June 11th, 12th, and 13th of 2002 and the remaining basement area was filled with clean fill,

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that Dunmore Contracting, Inc. be paid $9,500 for completion of said demolition; and

                BE IT FURTHER RESOLVED that Dunmore Contracting, Inc. be paid the $9,500 from fund balance of the Town outside fund and charged to 02.00.3620.4500 (fee for services, safety & building inspection) and will be paid for by decreasing the budget for account 01.1990.4600 contingency.

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

Motion Carried

RESOLUTION NO. 87-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS an application dated November 19, 2004, has been made to the State Comptroller of the State of New York for permission to expand Sewer District No. 1; and

                WHEREAS said application was signed by Clarence W. Mosher, Supervisor, of the Town of Glenville; and

                WHEREAS the Town Board has reviewed the application made at its request,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves the contents of the application made to the State Comptroller for permission to expand Sewer District No. 1 and believes the same to be accurate.


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

Motion Carried

RESOLUTION NO. 88-2005

Moved by:       Councilman Bailey
Seconded by:    Russo

                WHEREAS, the Town of Glenville has accepted bids on Water District #11 Extension #30 and #31 of $644,113.69; and

                WHEREAS, the Town issuance of bond debt will be delayed by several months to comply with permissive referendum public notice requirements,

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the inter fund borrowing from the Town General Fund of up to $644,113.69 to the capital project of Water District #11 Extension #30 and #31 until the bond debt can be issued this year to replace the due to and due form borrowing.  The finance charge will reflect the interest income that the funds otherwise would have earned.

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

Motion Carried


RESOLUTION NO. 89-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Quinn

                WHEREAS funding has been made available under through the Empire State Development Corporation under the Community Capital Assistance Program (CCAP) for the upgrade of the Police Department E911 Console system, and

                WHEREAS the Town of Glenville is desirous of applying these funds to the purchase of a Recording System and related equipment in the amount of $28,126 as per the Town accepted bid (Resolution 297-2004) of Business Electronics, Inc., and

                WHEREAS the Town Board of the Town of Glenville approves of the purchase of this equipment,

                NOW THEREFORE BE IT RESOLVED, that Clarence W. Mosher, Supervisor of the Town of Glenville is authorized to sign and execute the contract for the Town of Glenville E911 Console Project,

                BE IT FURTHER RESOLVED that the Town of Glenville will purchase the necessary Console equipment and be reimbursed for said expenses.

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

Motion Carried

Discussion…

                Attorney Mastro, Jr. – “These are the two resolutions that are substantially the same and they relate to resolution #9.

                Following the public hearing with regard to water district extensions 30 and 31 the public hearing was held on the 6th day of October 2004 and the resolution was published in the Gazette, which is the official newspaper of the Town of Glenville, however when it was published it didn’t indicate that this was a resolution that was subject to a permissive referendum, which means that if a petition is received by the Town Board, signed by more than 5% of the eligible voters that resolution could be placed on the ballot for a referendum by the voters in the next November election.

                Since that wasn’t noticed in the newspaper in that manner, the Board has to readopt the resolution, the Clerk has to post it in the Daily Gazette within ten days of the date of this meeting and a period of thirty days runs during which the voters get a chance to object to the resolution basically before the Town goes ahead and extends the water district to extension 30 & 31.

                The second aspect of the resolution pertains to SEQRA, which is the State Environmental Quality Review Act.  Water, Sewer and other type utility extension are not subject to the State Environmental Quality Review Act and there was no mention of that in the earlier resolution.  The resolution according to the Comptroller’s regulations before you can bond this type of project has to recite that this resolution addresses any type II action, which means it is an unlisted action not subject to SEQRA and although it is not subject to it and it is unlisted it didn’t say it was exempt so we have added that to the resolution and that is the reason that the amended resolution is being voted on by the Board tonight and that applies to extension 30 and extension 31.”

RESOLUTION NO. 90-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Quinn

                WHEREAS, the Town Board of the Town of Glenville has determined that it would be prudent and cost effective to extend the public water system at Wagner and Barhydt Roads, to be know as Extension No. 30 to Water District No. 11; and

                WHEREAS, a public hearing to establish said extension to Water District No. 11 of the Town of Glenville was held on the 6th day of October, 2004, at which time all persons interested in the establishment of the extension to the Water District were heard; and

                WHEREAS, a certified copy of the Order of the Town Board calling for the hearing on the extension was duly published in the Daily Gazette, the official newspaper of the Town, on September 25, 2004, and a certified copy of the Order calling the public hearing was posted on the bulletin board in the Municipal Center in the Town of Glenville on September 25, 2004; and

                WHEREAS, a Map, Plan and Report dated April, 2004 and revised June 3, 2004 and September 3, 2004 was submitted by Kestner Engineers, P.C. detailing the extension to Water District No. 11, at Wagner and Barhydt Roads, to be known as Extension No. 30; and

                WHEREAS, the Town Board has given due deliberation to the hearing and the testimony and allegations presented and has determined to approve the extension requested in the Petition; and

                WHEREAS, the proposed extension to Water District No. 11 is a Type 2 Action under the New York State Environmental Quality Review Law;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby determines and finds as follows:

                1.      All of the property and property owners within the proposed extension to the Water District are benefited thereby.

                2.      All the property and property owners benefited are included within the limits of the proposed extension to the Water District.

                AND IT IS FURTHER RESOLVED that the property included within the proposed Extension No. 30 to Water District No. 11, is described as follows:

                The descriptions of the real property in the proposed extension to Water District No. 11 are identified on the Schenectady County Real Property Tax Service Agency Tax Maps as follows:  Section 20, Block 4, Lot Nos. 21, 22, 39, 62, 63, 64, 65; Section 20.20, Block 1, Lot 1; Section 21, Block 1, Lot Nos. 8, 9, 10, 11, 13.1, 13.2, 14, 15, 16, 17.1; and Section 29, Block 2, Lot 21; and

                AND IT IS FURTHER RESOLVED that the total cost of the improvements, of $579,000.00 shall be borne by the entire Town and paid by the issuance of municipal bonds; and

                AND IT IS FURTHER RESOLVED that the Town Board of the Town of Glenville approves the construction of the necessary improvements to provide water in the extension to the Water District as set forth in the Map, Plan and Report; and

                AND IT IS FURTHER RESOLVED that this Resolution is subject to a Permissive Referendum as set forth in Section 206(3) and Section 206-a(4) of the Town Law; and

                AND IT IS FURTHER RESOLVED that the Town Clerk of the Town of Glenville, within ten days after the adoption by the Town Board of this Resolution establishing the newly created Extension No. 30 to Water District No. 11, shall publish in the Daily Gazette, the official newspaper of the Town of Glenville, the following Notice:  

NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM
A Resolution was adopted on March 16, 2005, by the Town Board of the Town of Glenville creating an extension to Water District No. 11 in the Town of Glenville which includes parcels of land at Wagner and Barhydt Roads.  The cost of the improvements shall be borne as follows:  $284,000.00 shall be borne by the Town-wide General Fund and the sum of $295,000.00 shall be borne by the entire Water District No. 11 and extensions.  This Resolution is subject to a Permissive Referendum.

                AND IT IS FURTHER RESOLVED that in the event no Petition for Permissive Referendum is filed with the Town of Glenville within thirty days to request a referendum or, if a referendum is held and the referendum is approved by duly qualified voters, then and in that event, the Town Board of the Town of Glenville hereby requests that the State Comptroller grant permission to expend a maximum amount of $579,000.00 as the cost of establishing this water district extension to Water District No. 11; and

                AND IT IS FURTHER RESOLVED that in the event a Permissive Referendum is not requested or if the Referendum is approved after a vote held thereon, the Town Board of the Town of Glenville hereby directs the Town Clerk to file a certified copy of this Resolution in duplicate in the Office of the State Department of Audit and Control in Albany, New York, and directs that said application be executed and verified by the Supervisor of the Town of Glenville after having been prepared by the Town Attorney of the Town of Glenville in conjunction with the Town Engineer and Town Comptroller.

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

Motion Carried

RESOLUTION NO. 91-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Bailey

                WHEREAS, the Town Board of the Town of Glenville has determined that it would be prudent and cost effective to extend the public water system at Wagner and Barhydt Roads, to be know as Extension No. 31 to Water District No. 11; and

                WHEREAS, a public hearing to establish said extension to Water District No. 11 of the Town of Glenville was held on the 6th day of October, 2004, at which time all persons interested in the establishment of the extension to the Water District were heard; and

                WHEREAS, a certified copy of the Order of the Town Board calling for the hearing on the extension was duly published in the Daily Gazette, the official newspaper of the Town, on September 25, 2004, and a certified copy of the Order calling the public hearing was posted on the bulletin board in the Municipal Center in the Town of Glenville on September 25, 2004; and

                WHEREAS, a Map, Plan and Report dated April, 2004 and revised June 3, 2004 and September 3, 2004 was submitted by Kestner Engineers, P.C. detailing the extension to Water District No. 11, to serve a portion of Barhydt Road between Rector Road and Wagner Road, to be known as Extension No. 31; and

                WHEREAS, the Town Board has given due deliberation to the hearing and the testimony and allegations presented and has determined to approve the extension requested in the Petition; and

                WHEREAS, the proposed extension to Water District No. 11 is a Type 2 Action under the New York State Environmental Quality Review Law;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby determines and finds as follows:

                1.      All of the property and property owners within the proposed extension to the Water District are benefited thereby.

                2.      All the property and property owners benefited are included within the limits of the proposed extension to the Water District.

                AND IT IS FURTHER RESOLVED that the property included within the proposed Extension No. 31 to Water District No. 11, is described as follows:

                The descriptions of the real property in the proposed extension to Water District No. 11 are identified on the Schenectady County Real Property Tax Service Agency Tax Maps as follows:  Section 20, Block 4, Lot Nos. 17, 18, 19.1, 20, 52, 53, 54; Section 20.16, Block 1, Lot 1; and

                AND IT IS FURTHER RESOLVED that the total cost of the improvements, of $172,000.00 shall be borne as follows:  $50,000.00 shall be borne by Extension No. 31, Water District No. 11, and $122,000.00 shall be borne by the entire Water District No. 11 and paid by the issuance of municipal bonds; and

                AND IT IS FURTHER RESOLVED that the Town Board of the Town of Glenville approves the construction of the necessary improvements to provide water in the extension to the Water District as set forth in the Map, Plan and Report; and

                AND IT IS FURTHER RESOLVED that this Resolution is subject to a Permissive Referendum as set forth in Section 206(3) and Section 206-a(4) of the Town Law; and

                AND IT IS FURTHER RESOLVED that the Town Clerk of the Town of Glenville, within ten days after the adoption by the Town Board of this Resolution establishing the newly created Extension No. 31 to Water District No. 11, shall publish in the Daily Gazette, the official newspaper of the Town of Glenville, the following Notice:  

NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM
A Resolution was adopted on March 16, 2005, by the Town Board of the Town of Glenville creating an extension to Water District No. 11 in the Town of Glenville which includes parcels of land on Barhydt Road between Rector Road and Wagner Road.  The cost of the improvements shall be borne as follows:  $50,000.00 shall be borne by Extension No. 31, Water District No. 11, and $122,000.00 shall be borne by entire Water District No. 11.  This Resolution is subject to a Permissive Referendum.

                AND IT IS FURTHER RESOLVED that in the event no Petition for Permissive Referendum is filed with the Town of Glenville within thirty days to request a referendum or, if a referendum is held and the referendum is approved by duly qualified voters, then and in that event, the Town Board of the Town of Glenville hereby requests that the State Comptroller grant permission to expend a maximum amount of $172,000.00 as the cost of establishing this water district extension to Water District No. 11; and

                AND IT IS FURTHER RESOLVED that in the event a Permissive Referendum is not requested or if the Referendum is approved after a vote held thereon, the Town Board of the Town of Glenville hereby directs the Town Clerk to file a certified copy of this Resolution in duplicate in the Office of the State Department of Audit and Control in Albany, New York, and directs that said application be executed and verified by the Supervisor of the Town of Glenville after having been prepared by the Town Attorney of the Town of Glenville in conjunction with the Town Engineer and Town Comptroller.

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

Motion Carried

RESOLUTION NO. 92-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                BE IT RESOLVED that the Monthly Departmental Reports for February 2005 as received from the following:

                Building Department
                Dog Control
                Justice Department
                Police Department
                Receiver of Taxes
                Section 8 Housing Payments
                Town Clerk's Office

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

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

Motion Carried

RESOLUTION NO. 93-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the minutes of the meetings held on February 2, 2005, February 16, 2005, February 23, 2005 and March 2, 2005 be and they hereby are approved and accepted as entered.

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

Motion Carried


New Business:

                Councilman Bailey – “I have a thought about the Fire District Boundary Committee that was set up and I mentioned this to you, Supervisor Mosher, yesterday.

                The resolution of boundary issues, such as this, strikes me as being a legal issue, so I am not clear on what the committee’s purpose is going to achieve or what role they are going to play.  For what ever reason the committee was formed we should be giving it a written charge as to what its purpose is and that will keep it focused, productive and hopefully useful to meet our needs.

                If their function is to gather information which is appropriate for such a committee than that should be made clear to them.  As a citizen committee my check of the Town Law says that their role is restricted to being advisory only and they should also be informed that they are not allowed to spend any public money.

                The Board is where these decisions should be made and I guess that would be done based on relevant facts which if necessary a committee could bring to us but the key point is I think there should be a written charge to this group and I think that this Board should have a chance to vote on what that function is.”

                Supervisor Mosher – “I agree with you Councilman Bailey.  There will be a mission statement so we don’t have any miss-steps this time.  Richard Nebolini handled Fire Protection District No. 4, he worked without a mission statement but I think a mission statement is in order.  That mission statement will be prepared prior to the next work session and will be presented to the Board to approve that mission statement before any meeting of the board is convened.”

                Councilman Russo – “I have just one item to mention, which will be on our work session to discuss next week and that pertains to garbage collection, town-wide.  I don’t know how many of you received your monthly bill from County Waste or Superior but mine went up 33?% and I think that’s atrocious.  The cost of living doesn’t go up that much.

                I know it was looked into years ago and I plan to present at our next work session some facts and figures for us to discuss.”

                Supervisor Mosher asked the Town Board to change the date of the regular work session from March 23rd to March 30th due to the celebration of Holy Week.

                Councilman Denney – “On the Committee issue I guess I am looking at it from a larger perspective because I read about this fire district issue in the paper.  That was the first I heard about it and as you know from some e-mails this week I’ve got some concerns about the Open Space Committee as well.

                I guess where I am coming from is the Board should be involved earlier in the process not later.  We should be involved in whether there is a committee at all as well as what the scope of that committee’s work is going to be and who is on it.  It seems to me that a lot of these things are getting pretty far down the path before we are involved.  A comment was made that “we don’t want to turn anyone away”, well I don’t agree with that, I have no problem turning someone away if I don’t think they are suited for the committee.

                The Board had zero input in any of that and yet that is what we are making promises in the paper about and I just think it sets the wrong tone with not only the people that are submitting their names but it kind of boxes us in the corner too.

                I am one hundred percent behind the Open Space Plan, but it came up kind of quick as far as the committee element of it.  I don’t think any of us knew what the time frame was on that.  Around nine months ago we adopted a Freeman’s Bridge Road Masterplan, according to staff no work has been done on getting the zoning done to effectively implement that.  We have a plan but we don’t have the zoning to match up with it.  It seems to me that we need to be prioritizing and I don’t want to be throwing new things on to staff and on to us if we are not moving down the path with other things that frankly might take priority.  I would be more concerned and I think the citizens would be more concerned about a big box retailer coming into the area where Walmart is then they are worried about a farm in West Glenville being developed with condos and townhouses, which we all know isn’t going to happen because there is no infrastructure there to support it.

                It is a matter of what are we trying to protect and where are we trying to be proactive and what is the first thing that we should be addressing and what should we be doing later.  I guess that is the kind of discussion I would have rather see happen before we got that far along the path with this committee.  We have got two committees that we are talking about a little bit here that have been to the press already and I am not convinced that we even need a committee for one of the issues, the fire issue.  I think we could use some assistance from people in the community but I am not convinced that it needs to rise to a formal committee.  I think a lot of it as Councilman Bailey said is legal in nature and that needs to be handled by legal staff.  I think a lot of it becomes very sensitive politically and I think that needs to be handled by all of us who have the obligation to handle those more sensitive issues, citizens don’t have that obligation.

                I guess my concern is mostly about process and I just want to make sure that going forward we, as a body, are more involved in it early on rather than later on because I think that gets egg on everybody’s face.”

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

                The Town of Glenville Town Board Meeting was adjourned at 8:05 PM.


                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk