Skip Navigation
Welcome to Glenville
Town Links
Quick LInks

This table is used for column layout.




Town Board Minutes 6/15/05

REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
JUNE 15, 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 Virginia Graney 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 Russo – “I would like to report that on Friday, June 3rd, the Supervisor and I attended a press conference on the “Lock 7 to Lock 12 Canalfest” which will be held on July 9th and July 10th.  They have a brochure out that explains all of the activities in which they are planning quite a few events along the river and it sounds like a really great weekend.

                It also coincides with something that is going to be happening at our airport called the “Airshow”.

                Also on Monday of this week I took a tour of the new Rivers Edge Restaurant located on the Mohawk River at the foot of Freeman’s Bridge.  It will become a great dining facility and a great asset to this town.”

                Councilman Denney – “I received a thank you note from Vicki Watkins, thanking the town for allowing the hanging of the flags along Alplaus Avenue and supporting the continued tradition of doing that.

                I also attended along with a handful of others the retirement party of Roger Peugh, which was a nice evening.  We had some great entertainment from Councilman Quinn, who promised to do a rendition of one of the songs tonight.” (followed by laughter)

                Councilman Quinn – “No official reports tonight, Mr. Supervisor but I do have a letter in support in the upcoming traffic law changes from Mr. & Mrs. Jeffery Jeanette of 136 Droms Road in Glenville.

        Dear Supervisor Mosher:

        I am writing in regards to the speed limit reduction to 35 miles per hour on Droms Road.  It is our understanding that the board votes on Wednesday, June 15th and we would like to express our agreement with the town’s decision to reduce the posted speed limit as residents of Droms Road.

        We have been thrilled with the response from the town regarding our concerns with public safety on our road.  Our children and family will be safer because of this decision.

        Thank you for your time and attention.  We will anxiously await to hear the final vote.

Sincerely,
Jeffrey and Jennifer Jeanette

                Councilman Bailey – “The Water and Sewer Department of the Town are hosting a training session that will involve Glenville Fire and Police Department personnel.

                The idea here is to get everybody up to speed on fire hydrant and all of the various issues related to fire hydrants, like how do you deal with them if you hit one, concern for illegal hook-ups, maintenance and other hazards related to that.

                I think it is a good example of interdepartmental teaming to get the word out to everybody.

                Also in the area of water, I think we are going to be dealing later this evening with Water District 11 warrants.  I noticed that there have been a lot of calls into the Water Department questioning the increase in the sewer charges and that was discussed earlier; it’s based on the Schenectady City charges to us and we need to remind people again that hooking up to sewer is a requirement.  Otherwise you are going to be billed for your water usage in total which is not the way to go.

                You may be seeing some markings on the road in the Sacandaga Road/Schermerhorn Street and Access Blvd. area those paint stripes will denote buried water lines and that is work being done by our engineers group, LaBerge Group to support the surveying and mapping for a pending sewer project in that area.

                I am the liaison to the Burnt Hills/Ballston Lake Summer Recreation Program and I have received their 2005 Budget worksheet.  Last year the Town of Glenville funded them $12,500.  They are going to be tightening their belt and sending a message, they are looking for only $9,000 from us this year.

                With regard to street sweeping I have been very active trying to work behind the scenes to get that process started, it is still not started but I’ve been showering Andy Coppola ideas to follow up on and I appreciate his effort in that regard.

                Virginia Graney, a Bancker Road resident, has been diligent in trying to get the situation at the corner of Bancker and Uncas corrected and due to that diligence the Town of Glenville as of June 7th the highway department had installed a guardrail at that intersection.  Hopefully that will resolve the traffic issues in that area.

                Just to show my interest, we had several weeks ago a lot of activity in the area of a computer usage policy, I think we made some good strides toward getting a workable policy put together and I haven’t seen anything recently but I would like to see that move forward.”

                The Privilege of the Floor was opened at 7:40 p.m.
                The following people exercised the Privilege of the Floor.

                Cate Richardson 368 Wagner Road
                Karen Henley    368 Wagner Road
                Barbara Jefts   1734 Vley Road
                Susan Gortva    922 Sacandaga Road
                Carl George             608 Wagner Road
                Gail George             608 Wagner Road
                John Stevens    6 Taylor Road, Rexford  Infinigy Engineers
                Kara Jefts              1734 Vley Road
                Jeremy Lundy    454 Wagner Road
                Donald Mongillo 173 Birch Lane

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

                Supervisor Mosher had no comments therefore he moved forward with the agenda items.

RESOLUTION NO. 135-2005

Moved by:       Councilman Quinn
Seconded by:    Councilman Russo

                WHEREAS this Local Law No.2 of 2005 has been introduced; and

                WHEREAS a public hearing has been duly held thereon,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville adopt Local Law No. 2 of 2005, a Local Law to amend Local Law No. 1 of 1981, known as the “Vehicle and Traffic Local Law” as follows:

                41-2 STOP INTERSECTIONS to include:

        Intersections                   Stop Sign On            Entrance(s)

        Harlau Drive                    Maywood Drive           South
        E-Street                        Prestige Parkway                East and West
        Saratoga Drive          Eltinge Place                   South
        Willow Lane                     Alder Lane                      South and North

                41-8 SPEED REGULATIONS to include:

B – A maximum speed limit of 35 miles per hour is hereby established within the Town of Glenville on the following county highways:

(17)    Baldwin Road (Schenectady County Road #49) from Swaggertown Road to Spring Road
(18)    Droms Road (Schenectady County Road #41) from Swaggertown Road to Charlton Road
(19)    Spring Road (Schenectady County Road #47) from Swaggertown Road to a point 1.0 miles northwest of Route 147.



41-8 SPEED REGULATIONS delete the following:

C – A maximum speed limit of 40 miles per hour is hereby established within the Town of Glenville on the following county highways:

(1)     Baldwin Road (Schenectady County Road #49) from Swaggertown Road to Spring Road
(4)     Droms Road (Schenectady County Road #41) from Swaggertwon Road to Charlton Road
(7)     Spring Road (Schenectady County Road #47) from Swaggertown Road to a point 1.0 miles northwest of Route 147.

                BE IT FURTHER RESOLVED that this local law shall take effect on the date of the filing with the Secretary of State of the State of New York.

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

        Motion Carried


RESOLUTION NO. 136-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS, the Water User Fee Roll of the Town of Glenville has been approved for collection as of June 1, 2005; and

                WHEREAS, such warrant for Water District #11 totals $1,715,630.68 including water rents receivables and Special Contracts,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts such roll.

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

Motion Carried

RESOLUTION NO. 137-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                RESOLVED that the following recommendations be submitted to New York State Senator Hugh T. Farley and Senator Joseph Bruno, New York State Assemblyman James Tedisco and Assemblyman Sheldon Silver, and Governor George Pataki, with a letter on behalf of the citizens of the Town of Glenville urging their immediate attention,

                WHEREAS, the residents of the Town of Glenville have collectively considered the local issues of greatest concern to them and identified high property taxes as one of the highest priority among them; and

                WHEREAS, funding for local governmental services, including public education, is provided primarily through a tax on the estimated value of property; and

                WHEREAS, the welfare of Glenville homeowners is jeopardized by the rapid increase in the costs of public education and the inability of many homeowners to pay these increased costs; and

                WHEREAS, the increasing burden of public education on taxpayers also impacts on the ability to raise other taxes to provide services and to fund Town-specific and local initiatives important to the well-being of the community,

                NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Glenville appeals to New York State public officials to implement new measures for financing public education, including the following suggested actions:

1. Ensure equity in a formula for funding public education based on the taxpayer’s ability to pay.

2. Decrease the revenue raised from tax sources based on the value of dwellings.

3. Refrain from imposing state mandated requirements upon school systems without corresponding state funding.

4. Adjust the formulas on revenues earmarked as aid to education from state lottery and other future gaming activities so that the annual percentage is substantially increase from current levels.
5. Maintain the enhanced STAR exemption for the town’s neediest citizens, but also increase the STAR exemption for senior citizens specifically at all income levels.

6. Regain lost tax revenue from the above actions through income tax.


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

Motion Carried

Discussion…

                Supervisor Mosher – “This came from the Association of Town’s.  They are looking for different ways to raise funds and they want us to send that information to Senator Hugh Farley, Senator Bruno, Assemblyman Tedisco, Assemblyman Silver and Governor Pataki making our wishes known.”

                Councilman Denney – “How come this wasn’t presented at the work session so we could have had an opportunity to review it?”

                Supervisor Mosher – “It was.”

                Councilman Denney – “I don’t think so.”

                Supervisor Mosher – “Yes it was”.

                Councilman Denney – “I don’t remember seeing it.  We did not go over it?”

                Supervisor Mosher – “Yes we did.”

                (The Town Clerk verified that it was on the agenda for the work session, but the resolution was not available at that time)

                Councilman Denney – “I can’t discuss a resolution if I don’t have it.  This is the first time that I have had a chance to read it.”

                Supervisor Mosher – “We went over the intent of the resolution at the work session.”

                Councilman Denney – “I support the intent, I just haven’t had a chance to review the language and that is my issue.”

                Councilman Bailey – “What we don’t understand I guess is the mechanics, your changing how you are getting money from the taxpayers and it is not real clear how it is being done.”

                Supervisor Mosher read the resolution

                “State Lottery has put aside, supposedly by the Constitution for education and it is not.”


RESOLUTION NO. 138-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS, by application dated May 15, 2005 and pursuant to Local Law No. 3 of 1974, Empire State Aerosciences Museum, [R/C Model Jet Event] has applied for a permit to conduct Outdoor Amusement/Entertainment at the Schenectady County Airport, 250 Rudy Chase Drive on July 15, [Friday, set up, 9 am–5 pm], July 16, [Saturday 9 am–5 pm] & July 17, [Sunday 8 am–4 pm] 2005; and

                WHEREAS, said application did include permission of the owner of the property on which said Amusement/Entertainment will be conducted, and the necessary insurance coverage; and

                WHEREAS, said application has been referred to the Chief of Police, Town of Glenville and the respective Fire Chief of the area in which said entertainment will be conducted and the Schenectady County Environmental Health Department, as required by Article II, Section C of said Local Law No. 3,

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the ESAM R/C Model Jet Event be and it hereby is approved; and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Thomas Corners Fire Chief and the Schenectady County Environmental Health Department.

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

        Motion Carried

RESOLUTION NO. 139-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS, by application dated May 26, 2005 and pursuant to Local Law No. 1 of 2003, (Mass Gathering) the Empire State Aerosciences Museum, [2005 ESAM NORTHEAST AIRSHOW] has applied for a MASS GATHERING PERMIT to conduct Outdoor Amusement/Entertainment at the Schenectady County Airport on Saturday July 9, 2005 and Sunday July 10, 2005, 8:00 AM – 4:30 PM for both days; and

                WHEREAS, said application did include permission of the owner of the property on which said entertainment will be conducted, and the necessary insurance coverage; and

                WHEREAS, said application has been referred to the Chief of Police, Town of Glenville and the respective Fire Chief of the area in which said entertainment would be conducted and the Schenectady County Environmental Health Department,


                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the ESAM Northeast Airshow, be and it hereby is approved, and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Thomas Corners Fire Chief and the Schenectady County Environmental Health Department.

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

Motion Carried

RESOLUTION NO. 140-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS, by application dated April 07, 2005 and pursuant to Local Law No. 3 of 1974, Electric City GTO's, Inc. "CRUISE OUT 2005,13th Annual Car Show & Swap Meet” has applied for a permit to conduct Outdoor Amusement/Entertainment at the Schenectady County Airport on Sunday, September 4, 2005, with rain date Monday, September 5, 2005; and

                WHEREAS, said application did include permission of the owner of the property on which said Amusement/Entertainment will be conducted, and the necessary insurance coverage; and

                WHEREAS, said application has been referred to the Chief of Police, Town of Glenville and the respective Fire Chief of the area in which said entertainment would be conducted and the Schenectady County Environmental Health Department, as required by Article II, Section C of said Local Law No. 3,

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the Electric City GTO's, Inc. be and it hereby is approved, and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Thomas Corners Fire Chief and the Schenectady County Environmental Health Department.

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

Motion Carried

RESOLUTION NO. 141-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Bailey

                WHEREAS, in order to provide for needed maintenance in the Glenville Town Parks, additional equipment is necessary; and

                WHEREAS, the Director of Human Services and the Commissioner of Public Works support the acquisition of this needed equipment as soon as possible,

                NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Public Works is authorized to purchase the following equipment (supporting memo attached):

1.      Lawn mower 6 ft. cut - $14,000 - State Contract.
2.      DR Brush Mower 30” cut - $3,000 - Competitive quotes.
3.      Broom attachment – 6 ft. sweep - $3,500 – Competitive quotes;
and
               BE IT FURTHER RESOLVED, that $10,500 be allocated from 03.00.7110.2000 – (Sub-division recreation fee fund) and $10,000 from Fund Balance.

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


Motion Carried

Discussion…

                Councilman Quinn – “Just a general question and if we don’t maybe we might want to consider it.

                The recreation fee that is derived from all of these new developments per lot; do we earmark a portion of that every year toward these types of purchases?”

                James MacFarland – “No we do not.”

                Councilman Quinn – “Is that something we might want to consider?”

                James MacFarland – “It really is discretionary on the part of the board to be used for any number of different items.  I believe this is appropriated for this at this time.

                If we want to consider a larger plan for that we can present you an arms length long for potential uses.”

                Supervisor Mosher – “Jamie, I would like to ask you a question.  Is recreation fee set aside primarily for the development of land or the purchase of land or more of a capital expenditure?”

                James MacFarland – “There really is not specificity in the language regarding that.  It is certainly for use of the town parks; whether that is for equipment and maintenance, whether it is an additional purchase, whether it is in development of recreation facilities within the park that is all within the funds ability.  Traditionally yes it is often used for perhaps acquisition of other properties or development of existing.”

RESOLUTION NO. 142-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS, a seasonal Public Works Department appointee has declined employment to pursue an internship within his career field (Benjamin Steadwell); and

                WHEREAS, another candidate was identified and available to begin work,

                NOW, THEREFORE, BE IT RESOLVED that Melissa VanHeusen, 108 Cuthbert Street, Scotia, NY 12302, is hereby appointed to the position of Laborer, Public Works Department, effective 06/06/2005 through no later than 09/30/2005 at the budgeted rate of $8.00/hr. (no benefits).

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

Motion Carried

RESOLUTION NO 143-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Denney

                WHEREAS the Town Board of the Town of Glenville accepted by Resolution No. 111-2002 the offer of dedication of Dutch Meadows Lane from Wal-Mart Stores East, LP d/b/a Store #2874; and

                WHEREAS a Maintenance Bond was required by the Town of Glenville to guarantee the proper construction of the roadway and other utilities; and

                WHEREAS said Maintenance Bond was originally $1,687,303.50, but was thereafter reduced to $100,000 to continue repairs; and

                WHEREAS all of the required work has now been completed to the satisfaction of the Town of Glenville Commissioner of Public Works,

                NOW, THEREFORE, BE IT RESOLVED that the Maintenance Bond in the amount of $100,000 given to the Town by Wal-Mart Stores East, LP d/b/a Store #2874 be and the same hereby is released.

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

Motion Carried

RESOLUTION NO. 144-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville has been purchasing electricity during the past year through an agreement with Advantage Energy; and

                WHEREAS, this contract was initially through extension of a county contract to municipalities throughout the County; and

                WHEREAS, the County is extending this contract for an additional year,

                NOW, THEREFORE, BE IT RESOLVED that the Glenville Town Board hereby authorizes the Supervisor to sign the “Electricity Savings Agreement” between the Town and Advantage Energy.

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


Motion Carried

RESOLUTION NO. 145-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS, Bordeau Builders, Inc. has provided the Town with a letter of credit in the amount of $24,946.50 as security for completing the infrastructure improvements to his Dover Place subdivision; and

                WHEREAS, due to a change in the amount of work to be done; and

                WHEREAS, the Commissioner of Public Works has recommended that the letter of credit may be reduced to $10,000,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves the reduction of the amount of security for Bordeau Builders, Inc. Dover Place subdivision to $10,000 which may be posted in cash, with a bond, or with a letter of credit.

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

Motion Carried

RESOLUTION NO. 146-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Bailey

                WHEREAS, United Refining Company of Pennsylvania, a Pennsylvania corporation (hereinafter “United Refining”), is the owner of real property located at 296 Saratoga Road (commonly known as the “Payless” site), within the Town of Glenville; and

                WHEREAS, said property is located on Saratoga Road, a.k.a. Route 50, at a prime gateway location to the Town; and

                WHEREAS, the Town is interested in beautifying the Town gateway site by creating a pocket park on the location; and

                WHEREAS, United Refining has agreed to lease said property to the Town for a rental of One Dollar ($1.00) per year; and

                WHEREAS, a proposed Lease Agreement attached hereto is acceptable to the Town;

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that Clarence Mosher, the Town Supervisor, is hereby authorized to execute the Lease Agreement with United Refining for said premises based upon the terms and conditions as set forth in the proposed Lease Agreement.

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

Motion Carried
Discussion…

                Councilman Denney – “I see under the tenant fixtures that it says we can put a sign stating “Welcome to Glenville” even though that is probably 4 or 5 miles from the border.  Do we have some flexibility there or “Welcome to Glenville Town Center”.

                Do you have any sense, base on your experience in dealing with groups like this, what is the likelihood that we are talking something could happen say short term less than 3 years or is it more likely to be more intermediate the long term before they either sell it or decide to redevelop it themselves.  You know the history of the property.”

                Attorney Mastro – “I had lengthy conversations in negotiations with the attorney for United Refining.  One of the reasons they wouldn’t sell it to the Town is that company’s philosophy is that they believe that all real estate will be worth more in the future than it is today and so they don’t divest themselves at all, they had no plans to sell.

                I think we could plan to have possession of it for the foreseeable future.”

                Councilman Denney – “You don’t expect anything in the short term… I mean it is possible…

                Mr. Mastro – “It is possible, but I have no reason to believe that there is anything that they are negotiating, there are no irons in the fire at least that is the representation that has been made to me.

                One of the by products of the negotiating on this was that I was able to get United Refining to remove some of the structures that were on the site including the canopy and all of the support structures.

                When they said what do you want it for I just told them how bad it looked and I had some photographs that I had taken and was able to describe the dilapidated canopy and they had some small concrete block facility that looked badly and as a result of my nagging about how bad it looked they took it down.

                As you are probably aware there is an ongoing remediation, sub-surface remediation to reclaim some oil spill that had been there and it’s my understanding that it is in the waning stages of being cleaned up.”

                Councilman Quinn – “How many fuel tanks are still underground there, do we know?”

                Mr. Mastro – “No I don’t, I believe the tanks themselves have been removed but there is some contamination.  They are under a DEC consent decree to remove the contamination so that the vessels themselves are gone but there’s some remedial clean up to be done.  They have an air part system where they pump into the ground and that dries out the soil.”


RESOLUTION NO. 147-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Denney

                WHEREAS, the Town has received a Petition from Degraff Bloom Custom Builders, Inc., the property owner of tax map #30.13-1-8, premises located on Bancker Avenue, in the Town of Glenville seeking an extension of Sewer District No. 5 in order to provide public sewer access to said premises,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville adopts the following order:

ORDER

        1. A petition for the establishment of an extension to Sewer District 5 of the Town of Glenville has been filed with the Town of Glenville.

        2. The proposed extension will consist, if approved, of the real property as described on the Schenectady Real Property Tax Service Agency tax maps as parcel #30.13-1-8.

        3. There is no cost to the Town of Glenville for the construction of the improvements involved in the creation of this extension to Sewer District 5.

        4. The Town Board of the Town of Glenville will hold a public hearing on the petition to establish this extension to Sewer District 5 on July 20, 2005 at 7:30 p.m., or as soon thereafter as it can be reached, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY, to hear all interested persons, and

                BE IT FURTHER RESOLVED that a copy of this order, certified by the Town Clerk, be published at least once in the official newspaper of the Town, and that said publication be not less than ten (10) days nor more than twenty (20) days before July 20, 2005, the date for the public hearing; and

                BE IT STILL FURTHER RESOLVED that a copy of this order be posted on the sign board of the Town of Glenville not less than ten (10) days nor more than twenty (20) days before July 20, 2005, the date for the public hearing.

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

Motion Carried


RESOLUTION NO. 148-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS, the Town of Glenville recently employed Creighton Manning Engineering, LLP for surveying and preliminary engineering services associated with the proposed Town Center road that will intersect Glenridge Road just west of the Glenville Municipal Center; and

                WHEREAS, the preliminary design of this proposed new road and intersection advances two major pending development projects within the vicinity of the Municipal Center, with the two projects representing an investment of $90 million to $110 million; and

                WHEREAS, the design of this new road and intersection advances a key element of the Glenville Town Center Master Plan, namely the proposed new road that would connect Rudy Chase Drive and Glenridge Road, and then extend from the north side of Glenridge Road to the traffic signal in front of Price Chopper on Route 50; and
 
                WHEREAS, the design of this new road and intersection was also necessary for the New York State Department of Transportation to advance their review of these two projects, since Glenridge Road is a New York State highway; and

                WHEREAS, the fee for Creighton Manning’s services is $7,467.50; and

                WHEREAS, pursuant to the Town of Glenville’s policy on the Authorization to Make Purchases, Obtain Services or Enter Public Works Contracts, regarding the acquisition of professional services exceeding $3,000 but not exceeding $10,000, the Town Supervisor approved the surveying and engineering, and entered into an agreement with Creighton Manning on project scope and cost;
 
                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby approves a budgetary transfer of $7,467.50 from fund balance (“B” fund) to budget line item 02.00.1445.4500 (Planner – Fees for Services) to pay for Creighton Manning’s services; and

                BE IT FURTHER RESOLVED, pursuant to a verbal pledge by the New York Development Group prior to the acquisition of Creighton Manning’s services, the Town will seek full reimbursement for Creighton Manning’s charges from the New York Development Group after they receive site plan approval for development of a large, multi-use project adjacent to the Municipal Center property; and

                BE IT FURTHER RESOLVED, that in-lieu of full reimbursement from the New York Development Group, the Town may seek full reimbursement of Creighton Manning’s charges via a partial payment from the New York Development Group and a partial payment from the Howard Group, since the Howard Group has also benefited from the design of this new road and intersection as a future means of access to their “Hampton Run” multi-family project located just west/southwest of the Municipal Center.

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

Motion Carried

Discussion…

                Kevin Corcoran, Town Planner – “Two development projects have surfaced in the Town Center area, fairly substantial projects.  In order to advance their projects they need to get new driveway, new curb cut onto Glenridge Road, which is a state highway.

                In order to expedite the review and to get DOT’s approval we advanced the preliminary design of the intersection of the new road.  In order to do that we had to hire engineering firm, Creighton Manning Engineering was hired, their services cost $7,400.  One of the developers, the N.Y. Development Group has agreed to reimbursement us upon approval of their project.  It is a good faith showing on our part, commitment to the Town Center Plan, since we are imposing some fairly ridged standards on these two developers relative to pedestrian amenities, building design, landscaping and so forth.

                Basically what this resolution is is to transfer money to pay for Creighton Manning and hopefully have that reimbursed within six months to a year.”

                Councilman Quinn – “So Kevin we are fronting, NY Development and it looks like in this resolution the Howard Group will be reimbursing the total…

                Mr. Corcoran – “Well NY Development Group committed verbally to reimburse us in total.  It was suggested last week that maybe we should get a share of that from the Howard Group since their project is already advanced to approval.  So, we haven’t approached the Howard Group yet.

                The good news is just today we did get the application from the NY Development Group so now we have real leverage.”

                Councilman Bailey – “You mentioned verbal agreements.  How much of this is nailed down in legal language so that we are not left holding the bag?”

                Mr. Corcoran – “Nothing yet.”

                Councilman Denney – “Regarding, left holding the bag, which is the question that I wanted to ask.  I’m under the impression that let’s assume neither of these two proposed projects goes through, we’re not having a plan so that is not worth anything anymore.”

                Mr. Corcoran – “That’s true.  This road needed to be designed regardless of who develops on either side of Glenridge Road in the Town Center.  This carries a design all the way over to the Price Chopper side as well so even if these two flop there’s value to having done this design.  DOT has actually pre-approved it.”

                Councilman Denney – “This is the type of work that typically a municipality would take on as part of their town planning efforts, so to have anything come in it sounds to me it is a bonus.”

                Mr. Corcoran – “My opinion is if you want to be a forward thinking town and be business friendly, development friendly then you do these sorts of things.

                We have a Master Plan that shows this pretty clearly so this shows a level of commitment that I think is actually what lured these two developers to us, to the Town.”

                Councilman Russo – “The plans that you showed us last week at the work session only show the intersections but you are saying it is the entire road.”

                Mr. Corcoran – “The road isn’t designed yet.  The developers will pick that up, but the most important aspect to DOT was its intersection with Glenridge Road and so that design at that point is a state highway.

                There are two designs, the round-a-bout or the traditional 4-way intersection.”




RESOLUTION NO. 149-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                WHEREAS, the Town of Glenville has a debt interest expense issues that have budgeted interest rates that changed between the Preliminary and Final Budget, and

                WHEREAS, while the town budgeted an estimated 2% interest rate for Bond Anticipation Notes and needs to amend this estimate for different interest rates and the serial debt issued for the revaluation, and

                WHEREAS, the town has experienced increased interest income in 2005 to help offset this debt interest expense increase;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville authorizes the expenditures increases and decreases based on the following budgetary transfers:

Expense:
01.00.9730.7000 decreased by $  6,260  Interest expense Revaluation BAN to serial debt
01.00.9730.6000 decreased by $62,600  Principal expense Revaluation BAN to serial debt
01.00.9710.6000 increased by $62,600   Principal expense Revaluation BAN to serial debt 2.85%
01.00.9710.7000 increased by $  8,923   Interest expense Revaluation BAN to serial debt 2.85%
04.00.9730.7000 increased by $     889   Interest expense plow trucks 2.37%
40.02.9730.7000 increased by $  2,160   Interest expense Pleasantview lift 2.29%
50.11.9730.7000 increased by $21,228   Interest expense Water Upgrade 2.29%

Revenue:
01.00.2403.0000 increased by $   2,663   Interest Income Revenue from Revaluation Project
50.11.2403.0000 increased by $ 21,228   Interest Income Revenue from Upgrade Project
Balance of offset of expense net increase to Fund Balances of respective funds appropriations above

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

Motion Carried

RESOLUTION NO. 150-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS funding has been made available under through the NYS Parks Grant Programs funded by the 2005 Environmental Protection Fund (EPF) and 2006 Land and Water Conservation Fund (LWCF); and

                WHEREAS the Town of Glenville is desirous of applying these funds for the development of a waterfront walkway for pedestrians and cyclists adjacent to the Freeman’s Bridge boat launch for recreational use by the public; and

                WHEREAS the Town of Glenville will participate in the project contingent upon the acquisition of matching funds, and is in support of submitting an application for funding under these conditions,

                NOW THEREFORE BE IT RESOLVED, that Clarence W. Mosher, Supervisor of the Town of Glenville is authorized to sign and submit the application on behalf of the Town as stipulated above; and

                BE IT FURTHER RESOLVED that should the matching funds be acquired and the application for funding be granted the Town will act as administrator of the grant, purchase the necessary services and materials to complete the project and be reimbursed for said expenses as per the terms of the grant agreement.

                BE IT FURTHER RESOLVED that this resolution shall be contingent upon the subject developer being required to pay a deposit, in advance with the Town a sum to reimburse the cost of the town’s application services not to exceed $2,500 in the event the developer is unable to make his matching grant allowing the Town to submit the subject application or decides to withdraw.

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

Motion Carried

Discussion…

                Susan Lombardi, Grants Administrator – “This is the waterfront project that was discussed in the work session.  There is a private developer at the Waters Edge on Freeman’s Bridge Road who would like to ask the Town to contribute in part to a grant by putting that grant in and also by possibly putting a match of funds so a 50/50 match required is the state grant it does fund waterfront development.  We would be developing a walkway in front of the new restaurant on Freeman’s Bridge Road and this has been up for discussion with the board, the question is whether or not I am going to be preparing this grant for submission.”

                Councilman Russo – “What materials would have to be purchased?”

                Ms. Lombardi – “As all the state grants the grantee would be responsible for putting forward any expenses in terms of constructing the walkway.  We would have to put the money forward as the town and we would be reimbursed by the state.”

                Councilman Russo – “So the $300,000, the state portion of the grant, we would have to expend that first and then be reimbursed.”

                Ms. Lombardi – “Correct.

                There are actually two (2) resolutions in front of you.  The first is to allow me to prepare the submission because it is due on June 30th and the second is the formal resolution which I would need to put in with the application.”

                Councilman Bailey – “So when all is said and done and the reimbursement for expenses has occurred; the cost to the town is solely the cost to administer the application for funding and administrating.”

                Ms. Lombardi – “Correct unless the town has made a decision to put forward a match to match the private developers funding.”

                Supervisor Mosher – “Before any grant is completed, before any grant is signed by me that would have to come before the board and the board would have to approve it or disapprove it.  If the board disapproves it then there would be no grant.”

                Councilman Denney – “Or other agencies or the developer could put up the grant.”

                Supervisor Mosher – “Yes.  Our matching funds might be just the administrative costs and I think …

                Ms. Lombardi – “For the purposes of preparing the grant in time to submit it I would request that we would need to know at this point whether the town is going to match anything above and beyond the administrative costs of the grant.”

                Councilman Denney – “What are the administrative costs of the grant?”

                Ms. Lombardi – “I would say roughly $10,000 over the course of the year between comptrollers, my time, different staff that would be involved.”

                Supervisor Mosher – “Any matching funds besides the administrative funds would either have to come from the developer himself total and/or Metroplex, and/or the County.  I think the developer has enough money that he is sinking into this that he could match the cost himself.”

                Councilman Quinn – “But you desire at this juncture some intent on our part to commit to something above the administrative costs.  Am I hearing you correctly or not?”

                Ms. Lombardi – “No, actually I just need the okay to go ahead and prepare the application.

                There was some discussion at the work session because the developer had requested of the Town that they put in some sort of match.  There was some discussion of the Town Council whether that was appropriate or not.  I will just need to know in terms of moving forward with this application if there will be a town match and if the town wishes me to move forward with this application?”

                Councilman Quinn – “Do we have a pretty good idea of what level we would be matching on this?  Was there a discussion of numbers?”

                Supervisor Mosher – “Anything from a $173,000 to $15,000 to $10,000 to nothing.”

                Councilman Denney – “My inclination after seeing it is that I do see some benefit for the town as a whole, particularly if some access and parking issues are addressed.  It is an immediately adjacent to the boat launch that is going to be refurbished here in the relatively near future, which is a cooperative endeavor between the town and DEC.  There’s actually some potential to expand that.

                I think there are also some opportunities to link this up potential down the road with the bike trail.

                It is more than just the town that would benefit.  I really think any matching of any substance needs to come from the County or Metroplex.  That is just my personal opinion.

                One thing I do want to ask though is because this came up so quickly what are we out if we go ahead and approve both of these resolutions, you prepare the submission and make the submission and thirty or sixty days later the developer, who is the one that is really asking us to do this, says I’m not coming up with the whole $300,000 myself and I can’t get anything from anybody else?  How much are we out in your time and effort?”

                Ms. Lombardi – “I would say in a State Grant like this you are probably looking at 30 to 40 hours of my time, however more importantly the match will have to be committed to from the developer before I submit the grant.  The owe ness will be on him at this point.  If the Town Board says our contribution is that we are administering and asking and awarding and getting this award he will have to decide at this point between now and the time I submit that…

                Councilman Denney – “Let’s say it is the day you are supposed to submit and he says no.  You’ve done the work, who is obligated to pay it.  I am assuming it is us.”

                Ms. Lombardi – “Right, I would suggest that we put in a deadline date on when he has to commit to his match so that the town does not use my time unwisely.”

                Councilman Denney – “Why don’t we just make it contingent upon him paying your fee if he is unable to obtain the match.  Is that reasonable enough?”

                Supervisor Mosher – “Yes, because he can’t get that grant.  It has to be done through the town.”

                Councilman Denney – “Is that something we could prepare relatively quickly for him to sign off on because Ms. Lombardi does need to get working on this.”

                Attorney Mastro – “I think it is a good idea and it might be a good idea also for him to deposit that amount with the town before Ms. Lombardi starts to work.

                The town learned a lesson with regard to the Spectra bill that we engaged with regard to GEP (Glenville Energy Plant).”

                Councilman Denney – “How would you amend the first resolution or maybe add another resolution.  I guess what I am looking for is that if a grant application is not made that we will be reimbursed by the developer for any cost the town has incurred in preparation and that we authorized the Supervisor to sign such an agreement between the town and the developer.”

                Attorney Mastro – We will be able to do it by adding another whereas that says something to effect that – Whereas the developer agrees to pay in advance projected town expenses associated with the application process.”

                Councilman Denney – “I think I would rather see another “Be it further resolved” rather than a “Whereas”.  How would you word it then?  Then I will amend my motion.”

                (The Board suspended action on this motion and moved on to the next agenda item, while Attorney Mastro comprised the amendment to Resolution No. 150-2005)

RESOLUTION NO. 151-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                BE IT RESOLVED that Clarence W. Mosher, as Supervisor of the Town of Glenville, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $300,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town for development of a waterfront pedestrian walkway and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

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


Motion Carried

RESOLUTION NO. 152-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

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

                Assessor’s Department
                Building Department - April
                Dog Control
                Highway Department
                Justice Department
                Police Department
                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. 153-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the meeting held on May 18, 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




RESOLUTION NO. 154-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the minutes of the special meeting held on June 8, 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 Denney – “I went through the Revenue and Expense Reports.  They were a little disconcerting.  I look at these every month when they come in and it seems like there has been a pretty huge jump in the prospective in the projected expenditures.  I just quickly added up the three main funds; the General Fund, the General Fund Outside Village and Highway and what we are showing is a projection of being over budget and spending by $892,000, which is approaching 10%, but that is huge.  It is a lot more than we were looking at in last months projections.

                So, I think at this point we are five months into the year, as far as this report is concerned, we are five and one-half though the year as of today.  At this point I think what we should probably do is go back to the department heads, go through line item by line item, what do they project those line items are going to be at.  For anything that the department heads aren’t responsible for obviously I think the Comptroller has to do that.  We should have basically a projected line item by line item analysis of what is causing this projected $900,000 over budgeting and spending and if it is in fact valid we can make whatever decisions we need to make to get things back into line, because to me all that indicates is mismanagement, you don’t overspend by 8% to 10%.  We haven’t gotten any reports on anything that has been out of line.”

                Supervisor Mosher – “I haven’t had a chance to take a look at the report yet but I would ask the same question as Mr. Denney - $900,000 that is tremendous.  We will discuss it tomorrow.”

                Councilman Denney – “Second item I am willing to defer to see if anybody else has anything because I would like to go into executive session to discuss a personnel matter but when we get our other business out of the way.”

                Attorney Mastro – “I’ve got some language on that last resolution.

                This is going to be conditioned, the reimbursement to the town is only in the event that the grant is not approved or that the developer doesn’t meet his match.

                (Resolution No. 150-2005 was amended with an added “Be it further resolved” and voted on.)

RESOLUTION NO. 155-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session in order to discuss a personnel matter relating to an officer in the Police Department

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

Motion Carried

                Supervisor Mosher adjourned this portion of the regular meeting at 9:00 p.m. and moved into Executive Session.

                The time being 9:54 p.m. Supervisor Mosher reconvened the regular meeting.

RESOLUTION NO. 156-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                WHEREAS, the Town has authorized the submission of a grant application under the State of New York for development of a waterfront walkway in front of the Water’s Edge Restaurant; and

                WHEREAS, an agreement must be entered into between the Town of Glenville and the owner of the Water’s Edge Restaurant to allow for public access to the waterfront project area,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes Clarence W. Mosher, Town Supervisor to enter into a long term use permit and/or public easement agreement with Mr. Popolizio, owner of Water’s Edge Restaurant located on Freeman’s Bridge Road.

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


Motion Carried

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

                The Town of Glenville Town Board Meeting was adjourned at 10:00 PM.






                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk