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Town Board Minutes 1/18/06
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
JANUARY 18, 2006
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Supervisor Frank X. Quinn, Councilmen, Robert E. Bailey, Mark A. Quinn, Edward F. Rosenberg and Councilwoman Valerie M. DiGiandomenico

Absent: None

                Supervisor Quinn called the meeting to order at 8:00 PM. Supervisor Quinn gave the invocation and lead us in the Pledge of Allegiance.

                Supervisor Quinn asked the Town Clerk, Linda C. Neals, to call the roll.  Everyone was present and accounted for.

                Supervisor Quinn – “We have the privilege of Susan Savage, who’s the Chair for the Schenectady County Legislature and she has something interesting for us to do tonight.”

                Susan Savage – “It is a pleasure to be here and join you tonight to watch all of you in your new roles.  As I said on January 1st I look forward to working with all of you.

                One of the assets that we have in County Government is the County Library system which you know well having the Glenville Branch located right next door.  One of the initiatives that our County Library system has undertaken this year is a program called “One County, One Book” and I am very excited about the program and most of us on the County Legislature are participating in it.  I am excited about it for a lot of reasons; one I think that it is a very unifying program for our County.  Sometimes we break ourselves down into very small communities but we are One County and we share so many things in common including that library system.

                This program not only promotes unity it promotes literacy in our community and this year the book that was chosen by friends at that library is “To Kill A Mockingbird” and I think many of us may have read this as teenagers.

                I had the opportunity to have the book presented to me and what I am doing and what others are doing throughout the community are passing that book on to other people.  There is information that I will include in the copy that you have.  I am going to pass my book to the new Supervisor Frank Quinn and I have copies for each of the board members to start.  You might want to pass it on to a family member, or a friend.  There is the opportunity to go on line and share your comments.

                This is an important book and I think it is a fun thing to do.  It’s an opportunity for people from ten to one hundred to all read the same book, think about the impact that it has on our lives.

                I was presented this copy by Janet Hutchinson last Wednesday and so I want to make that presentation to Supervisor Quinn and encourage him to pass it along to other members and I’d like to present each Town Board member with their own copy.”



Town Council Reports:

                Councilman Quinn – “The Traffic Safely Committee met last week and discussed a variety of items but two seemed to be more prevalent.  First of all there are concerns about traffic on Route 50 and more curb cuts being allowed by the State of New York for new projects.

                Our traffic engineer is conducting a sign inventory so all missing or damaged signs should be replaced shortly.

                The Public Safety Committee also met last week and as you can imagine the primary concern was once again our communications console.  We are still in the consultant phase of that project and we do have a concern that our console may fail with the increased obsolesces of parts and we are well aware that the County has an initiative for centralized dispatch but we are kind of caught between a rock and a hard place.  Hopefully we will see some real movement on the ongoing phases of that project.”

                Councilman Bailey – “Recall back on December 7th, we passed a resolution awarding the contracts for the Water Treatment Plant addition.  This is a substantial expansion of the water plant that we have down along the river.

                I met today with the general construction contractors, the electrical contractor, plumbing contractor and the heating/ventilating/air-conditioning contractor right here for a couple of hours, with Mark Kestner, Commissioner of Public Works, Councilwoman DiGiandomenico and other town staff.

                We went through the way the contract is going to be run, the various reports that are due and project schedules.  Fundamentally we allowed the construction to kick off today, there are construction trailers, some of them are on the site and some will be coming in within the next few days.  We hope to break ground on Monday.  The period of performance should be approximately one (1) year.

                We have had a lot of rain and there has been a lot of news recently on the Gilboa Dam, people are worried about that.  There’s a mitigation work underway to try and ensure that nothing adverse happens there.  That has led to a series of public meetings and there will be one held here in Glenville, at the Glenville Senior Citizens Center, January 25th at 7:00 pm and it will be presented by the Schenectady County Office of Emergency Management.  The concern of course is if the Gilboa Reservoir were to cascade down through the Schoharie Creek, down the Mohawk River and then come down by us, it would potentially worst case flood low lying areas so we want to get that word out.

                I spent almost a couple of hours over at the Highway Department reviewing budget situations.  This is one of the things that we are going to need to look at in an upcoming work session.

                In my roll as liaison to the Zoning Board of Appeals, there is a Zoning Board of Appeals meeting this coming Monday, right here in this room at 7:00pm.

                There are several items on the docket:

1.      Application – 151 Hetcheltown Road, for the construction of a detached garage.
2.      Baptist Retirement Center – New Signage
3.      Application – Gary Heflin, to sub-divide two lots on the corner of Valleywood and Redwood.
4.      Application – Stewarts, 411 Ballston Road – to expand their sign
5.      Application – Bordeau Builders – 97 Pashley Road – sub-division
                Another item of interest to people down near the Scotia-Glenville High School there will be a public information meeting on January 26th from 7:00 to 9:00 pm in the cafeteria.  It will present the sidewalk project.  This is a project that’s been working for a couple of years now and had been planned for longer than that.  We are looking at the addition of sidewalks along a number of streets.

                Assuming that winter comes back we will be holding the Glenville Winterfest on Saturday, February 4th, rain date February 8th at Indian Meadows Park at 9:30 to 11:30 am.”

                Supervisor Quinn – “The Winterfest is a golden opportunity for anyone with children as well as grandchildren.  Come and enjoy.”

                James MacFarland – “We plan on horse drawn sleigh rides, broomball game, refreshments, hot air balloon, skydivers, sledding, cross country skiing, a variety of activities.”

                Councilman Rosenberg – “I have the Assessor’s Monthly Report for December.  Mostly routine things and they continue to work with the appraisal consultants on the re-evaluation for the Town.  Preliminary values will be mailed out on March 1st.”

                Councilwoman DiGiandomenico – “Friday I met with Rick LeClair and some of his department heads and rode in a truck for three (3) hours and got myself acquainted with various water treatment plants, sewer plants and I am happy to say that I am amazed by how immaculate everything is maintained and commend all of the workers for that.”

Privilege of the floor:

                The following people exercised the privilege of the floor:

                Jeffery Luke – Proprietor of Schenectady Seed, Freeman’s Bridge Road – Disagrees with the Freeman’s Bridge Road Master Plan Zoning amendments.

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

Supervisor’s Comments to the Board:

                Supervisor Quinn – “I am sure all the Board members have met the gentleman up hear sitting on my left.  This is Eric Dickson, he is our attorney, he’s joined our team as of January and he will be serving with us as the primary attorney for the town.

                Eric has over eighteen (18) years of experience in town municipal law and working with town boards so we look forward to having him with us.

                For those of you who are not around here in the daytime we’ve continued the staff meetings that were going on in the past, each Monday at 9:30 a.m. prior to any of the regularly scheduled board meeting.  If you are trying to get anything in and you need to submit anything or give your questions or comments to me on the close of business on Fridays and I will get them to the staff if you can’t make the meeting.

                We have an upcoming Annual Association of Towns Conference going on in NYC in February, so if anyone is interested please let me know.

                The staff and all of us are working on and you will see some reports in the future, sorting out properties and property lines and so forth down in the Industrial Park.  We’ve got fire district boundaries, who owns what and there has been some confusion in the past.  The Village of Scotia, the Town, the fire districts all have to get this straighten out.

                The major developer that was here last month for the Freeman’s Bridge development, this box store, has withdrawn their proposal and they are no longer interested in that.

                Some upcoming meetings for the board members:  on Thursday the 19th at 1:00 pm at Zone Five Police Academy on the proposed training center.  The consortium that now exists has got Zone Five as a major participant and so I am going to discuss with those folks what they see and how they see things coming together.

                Next Tuesday on the 24th at 10:00 am the New York Development Group will be here to discuss the proposed easement on the Town property and so we will be meeting with Peg Huff and Kevin Corcoran as well.

                On February 1st at 7:00 pm prior to our board meeting there will be a public information session about the re-evaluation that we are currently undergoing.  The public is invited and there will be time for questions and answers.

                Next Wednesday the 25th we anticipate having a work session at 7:30 pm.

                There are two (2) add on items for tonight’s agenda, the first has to do with the abolishment of the Town Attorney position and the second one has to do with the property on Rector Road.”

RESOLUTION NO. 51-2006

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS this Local Law No. 1 of 2006 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. 1 of 2006, a Local Law to amend Local Law No. 1 of 1981, known as the “Vehicle and Traffic Local Law” as follows:

255-8 – Speed limits:  (add)

B.      A maximum speed limit of 35 miles per hour…

Dawson Road from Route 147 to the Glenville Charlton Town

J.      A maximum speed limit of 15 miles per hour…

A maximum speed limit of fifteen (15) miles per hour is hereby established with the area known as Scotia Glenville High School, being located west of Sacandaga Road (Route 147); north of Seeley Street – Schermerhorn Street and Wren Street; east of Business Boulevard – Prestige Parkway and Access Boulevard; and south of Burch Parkway

255.2 – Stop Intersections:  (add)

Intersection of                 with/stop sign                  on entrance(s)

Maritime Drive                  Mohawk Avenue                   South and North
Access Blvd.                            Sparton Way                             East
Prestige Parkway                        Middle School Easterly Loop             South
                                        Driveway
Prestige Parkway                        Middle School Westerly          South
                                        Driveway
Prestige Pkwy Westerly          Middle School West Parking              West
Driveway                                Area

Business Blvd Driveway          Middle School West Parking              East
                                        Area

255.4 – Yield Intersections:  (add)

Intersection of                 with/yield sign                 on entrance(s)

Pine Street                             McArthur Drive                  South
Pine Street                             Rockland Road                   South

Prohibiting of Left Turns  (add)

A.)     Vehicles proceeding east on Maritime Drive to proceed north on Mohawk Avenue.

Prohibiting of Right Turns  (add)

A.)     Vehicles proceeding west on Maritime Drive to proceed north on Mohawk Avenue.

                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 Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 52-2006

Moved by:       Councilman Bailey
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, there are twenty-three fire departments, seven police agencies and three emergency medical service agencies in Schenectady County; and

                WHEREAS, the current decentralized dispatch system in Schenectady County includes five public service answering points located in the City of Schenectady, Glenville, Niskayuna and Rotterdam Police Departments and the State Police Facility in the town of Princetown; and

                WHEREAS, the County of Schenectady and its municipalities are interested in exploring the feasibility of establishing a centralized dispatch system; and

                WHEREAS, the need for enhanced interagency cooperation and interoperability has increased within the emergency response systems; and

                WHEREAS, there has been increasing consensus among the various emergency response agencies that centralized dispatch would increase effectiveness of response; and

                WHEREAS, the feasibility of such a centralization requires intensive fiscal, cost benefit, programmatic, organization and legal analysis; and

                WHEREAS, it is assumed that a centralized dispatch is likely to be in the taxpayers’ best interest; and

                WHEREAS, the New York State Department of State has issued a grant application entitled Shared Municipal Services Incentive Grant Program;

                NOW, THEREFORE, BE IT RESOLVED that the Town of Glenville, New York is authorized to participate with the County and the other municipalities in the submission of an application to the New York State Department of State Shared Municipal Service Incentive Grant Program for purposes of studying the feasibility of developing a centralized dispatch system in the County of Schenectady; and

                BE IT FURTHER RESOLVED, that the Town of Glenville, New York shall dedicate the staff resources necessary to participate in and assist in the work as outlined in this grant application,

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 53-2006

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville has budgeted for a Planning Department internship position for 2006; and

                WHEREAS, the Town is desirous of continuing the internship position in 2006 to assist Planning staff on a number of tasks including the pending open space plan, zoning research, Geographic Information System updates, planning/zoning application review, etc.; and

                WHEREAS, the Town of Glenville has customarily hired graduate students from the State University of New York at Albany’s (SUNYA) Planning program; and

                WHEREAS, Jim Creighton, 5 Farnsworth Drive, Slingerlands, and a student currently enrolled in SUNYA’s graduate planning program, occupied the internship in 2005, and has performed his duties in an exemplary manner;

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby re-appoints Mr. Creighton to the position of Planning Department intern, effective January 19, 2006, and terminating on December 31, 2006, at a pay rate of $9.75 per hour, with a maximum expenditure of $8,400 for 2006, and with no benefits; and

                BE IT FURTHER RESOLVED, that the internship for this period is part-time, with a maximum of 14 hours per week, except during June, July, and August, when the position will be full-time (35 hours/week in June and 30 hours/week in July and August).

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 54-2006

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS, in order to provide for the maintenance and supervision of the skating rinks at Indian Meadows Park, “Recreation Attendants” are hired on a seasonal basis,

                NOW, THEREFORE, BE IT RESOLVED that Michael Benoit, 20 Pinewood Drive, Glenville, N.Y. and Michael Archibald, 12 Irving Road, Scotia, N.Y. be and hereby are appointed to the vacant positions of Recreation Attendant, effective January 19, 2006 through December 31, 2006 at the budgeted rate of $8.00 per hour, with no benefits.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 55-2006

Moved by:       Councilman Bailey
Seconded by:    Councilman Rosenberg

BOND RESOLUTION, DATED January 18, 2006, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $295,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF CONSTRUCTING AN EXTENSION TO WATER DISTRICT NO. 11

WHEREAS, Water District 11 (hereinafter referred to as a “water district”) of the Town of Glenville, in the County of Schenectady, duly established by the Town Board of said Town and, as such, proposes to construct, maintain and operate a water system extension for said District in accordance with Article 12 of the Town Law of New York, and the purpose hereinafter described is a special improvement authorized by Article 12; and

WHEREAS, the amount of allocable cost of such extension to be assessed to individual and two-family households is less than the amount requiring State Comptroller approval; and

WHEREAS, the Town Board of the Town of Glenville (the “Town”) having held a public hearing on October 6, 2004 desires to provide for the financing of the cost of and the cost incidental thereto at an estimated cost of $295,000 and has and hereby determines that such payments are in the public interest of the Town; and

WHEREAS, such Town Board has determined that any obligations authorized or issued pursuant to the financing described in this resolution shall mature in not more than forty (40) years as prescribed in the Local Finance Law to permit this resolution to become effective upon its adoption:

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town as follows:

SECTION 1.  Based upon the review by the Town, the Town Board hereby determines that the Project is a Type II action under the New York State Environmental Quality Review Act.

SECTION 2.  There are hereby authorized to be issued serial bonds of the Town in the aggregate principal amount not to exceed the amount of $295,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.

SECTION 3.  The specific object or purpose (hereinafter referred to as “purpose”) to be financed by the issuance of such serial bonds is the extension of Water District No. 11 of said Town, to be known as Extension No. 30, consisting of the laying of water mains, the installation of distribution pipes, and hydrants, necessary for the operation of such system and including the acquisition of necessary rights-of-way and easement in accordance with and at the locations stated in the map and plan referred to in the order establishing said Extension No. 30 adopted by the Town Board (the “Project”).  The plan for the financing provides for the total cost thereof to be financed from the proceeds of the bonds herein authorized to be issued since no payment from current funds is required by Section 107.00 of the Local Finance Law.

SECTION 4.  It is hereby determined that the class of objects or purposes for which such serial bonds herein authorized to be issued is set forth in subdivision 1. of Section 11.00 of the Local Finance Law, namely, the construction of an extension to a water system and having a period of probable usefulness of forty (40) years.

SECTION 5.  No current funds are required to be provided prior to the issuance of the bonds herein authorized to be issued or prior to the issuance of any bond anticipation notes pursuant to Section 107 of the Local Finance Law since the cost of said improvement is to be paid by assessment upon benefitted real property in the area less than the area of the municipality and the maturity of the obligations authorized by this resolution shall be in excess of five (5) years.

SECTION 6.  Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and content of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes, including renewal notes, and to make any necessary “arbitrage” covenants in the name of the Town, is hereby delegated to the Supervisor of the Town as the chief fiscal officer of the Town.  The Supervisor of the Town is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this bond resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes, including renewal notes, and to attest such seal.  Such serial bonds, if, as and when issued shall be authenticated by the countersignature of a fiscal agent of the Town or by the appropriate designated officer of the Town pursuant to Section 70.00 of the Local Finance Law.

SECTION 7.  The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.  An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations herein authorized as the same become due and payable, and an amount sufficient therefor shall be levied, assessed and collected from the parcels of land within said district at the same time and in the same manner as other Town charges.

SECTION 8.  When this bond resolution takes effect, the Clerk of the Town shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law at least once in “The Daily Gazette”, the official newspaper of the Town, a newspaper having a general circulation in the Town.

SECTION 9.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

1.)  Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

2.)  the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20)days after the date of such publication, or

3.)  such obligations are authorized in violation of the provisions of the Constitution of the State of New York.

SECTION 10.  The Town intends to issue the obligations authorized by this bond resolution to finance the cost of the purpose identified in Section 2 hereof.  The Town covenants for the benefit of the registered owners of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, or will not make any use of the facilities financed with the proceeds of the obligations which would cause interest on the obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the “Code”) (except for the alternative minimum tax imposed on individuals and corporations by Section 148 of the Tax Code, except for the environment tax imposed on corporations by Section 59A of the Tax Code and except for any obligations held by substantial users, or related persons, of the projects financed by the obligations) or subject the Town to any penalties under Section 148 of the Tax Code, and that it will not take any action or omit to take any action with respect to the obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on the obligations to become subject to Federal income taxation under the Tax Code (except for the alternative minimum tax imposed on individuals and corporations by Section 55 of the Tax Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof.  The  proceeds of any obligations authorized to be issued herein may be applied to reimburse expenditures or commitments made for such purpose on or after a date which is not more than one year prior to the date of adoption of this bond resolution.  The Town expects to expend general funds or other available moneys for the purposes which should be reimbursed from the proceeds of such obligations.        

SECTION 11.  This bond resolution shall take effect immediately upon its adoption by the required votes by the Town Board of the Town.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 56-2006

Moved by:       Councilman Bailey
Seconded by:    Councilman Rosenberg

BOND RESOLUTION, DATED JANUARY 18, 2006 AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $284,000 AGGREGATE PRINCIPAL
AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE EXTENSION OF WATER DISTRICT NO. 11 AT WAGNER AND BARHYDT ROADS IN ORDER TO COMPROMISE OR SETTLE CLAIMS  AGAINST THE TOWN ARISING OUT OF THE CLOSURE OF THE TOWN LANDFILL.

WHEREAS, the Town Board of the Town of Glenville,  in order to compromise and settle claims against the Town resulting from the closure of the Town sanitary landfill north of Barhydt Road and east of Wagner Road and possible contaminated household wells,  desires to provide for the financing of the cost of providing public water to Wagner and Barhydt Roads and the cost incidental thereto at an estimated cost of $284,000 and has and hereby determines that such payments are in the public interest of the Town, and

WHEREAS, by providing such public water the Town will eliminate the need for the continuing sampling of household well supplies of households on Wagner and Barhydt Roads adjacent to the closed landfill, and

WHEREAS, in consideration of providing public water to households on Barhydt and Wagner Roads, identified property owners on Barhydt/Wagner Roads have executed acknowledgments and general releases to the Town of Glenville, its officers, agents, servants, and employees of and from all manner of action and actions, cause and causes of actions, suits, debts, dues, damages, judgments, claims and demands whatsoever, in law or in equity, which against the said Town the property owners, their heirs, executors or administrators, hereafter can, shall, or may have against the Town arising out of the operation and/or closure of the Town of Glenville landfill, and

WHEREAS,  the  serial bonds or bond anticipation notes  issued pursuant to the financing described in this resolution shall mature in not more than five (5) years as prescribed in the Local Finance Law to permit this resolution to become effective upon its adoption;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville as follows:

SECTION 1.  Based upon the review by the Town, the Town Board hereby determines that the Project is a Type II action under the New York State Environmental Quality Review Act.

SECTION 2.  There are hereby authorized to be issued serial bonds of the Town of Glenville in the aggregate principal amount not to exceed the amount of $284,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.

SECTION 3.  The specific objects or purposes to be financed by the issuance of such serial bonds will be the extending of public water to Wagner and Barhydt Roads households and the cost incidental thereto at an estimated cost of $284,000  in order to compromise and settle claims against the Town resulting from the closure of the Town sanitary landfill north of Barhydt Road and east of Wagner Road (the “Project”).

SECTION 4.  The Town Board of the Town of Glenville has ascertained and hereby states that (i) the estimated maximum cost of the Project listed in Section 2 is not more than $284,000; (ii) no money has heretofore been authorized to be applied to the payment of the cost of the Project; (iii) the Town plans to finance the cost of the Project from funds raised by the issuance of obligations authorized herein, the proceeds of which are hereby appropriated therefor.

SECTION 5.  It is hereby determined that the specific objects or purposes of the Project listed in Section 2 are objects or purposes of the class described in subdivision 33(a)(1),  of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such objects or purposes is five (5) years.  Such serial bonds authorized for the Project shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of such serial bonds issued for the Project or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds for the Project.

SECTION 6.  Subject to the terms and conditions of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the renewal of such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and any bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewal notes, is hereby delegated to the Town Supervisor of the Town of Glenville, as chief fiscal officer of the Town.  The Town Supervisor or Deputy Supervisor of the Town of Glenville  is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to or on all such serial bonds and all such bond anticipation notes and to attest such serial bonds and such bond anticipation notes.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Supervisor or Deputy Supervisor of the Town of Glenville.

SECTION 7.  When this resolution takes effect, the Town Clerk shall cause the same to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the official newspaper of the Town, a newspaper having a general circulation in the Town.

SECTION 8.  The validity of such serial bonds and of such bond anticipation notes issued in anticipation of the issuance of such serial bonds may be contested only if:
1.)  such obligations are authorized for an object or purpose for which the Town is not authorized to expend money;

2.)  the provisions of law which should be complied with at the date of the publication of this resolution are not complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

3.)  if such obligations are authorized in violation of the provisions of the Constitution of the State of New York.

SECTION 9.  The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this resolution as the same shall become due.  An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations hereby authorized as the same become due and payable, such amounts to be included in the levy of the taxes on all taxable parcels of land in the Town.

SECTION 10.  The Town covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, and will not make any use of the facilities financed  with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the “Code”) (except for the alternative minimum tax imposed on corporations by Section 55 of the Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal l income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the bonds and any bond anticipation notes issued in anticipation of the sale of bonds may be applied to reimburse expenditures or commitments made for such purposes on or after a date which is not more than one year prior to the adoption date of this bond resolution of the Town.  The Town expects to expend general funds or other available monies for the purposes described in Section 2 hereof which shall be reimbursed from the proceeds of such obligations.

SECTION 11.  The Town hereby covenants for the benefit of the holders of the obligations authorized by the resolution that the Town will comply with Rule 15c2-12 of the Securities Exchange Act of 1945, as amended, (the “Rule”) and, in particular, paragraphs (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule by providing to a nationally recognized municipal securities information repository, as required by the Rule:(1) at least annually, current financial information; and (2) notice of any material event, unless an exemption from such paragraph 5 applies pursuant to the Rule.

SECTION 12.  This resolution shall take effect immediately upon its adoption.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 57-2006

Moved by:       Councilman Bailey
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS a written petition has been presented to and filed with the Town Clerk of the Town of Glenville requesting that an extension to Water District No. 11 of the Town of Glenville be established to include real properties as described by section, block and lot numbers attached to the petition and consisting of thirty-eight (38) parcels located on Rector Road in the Town of Glenville; and

                WHEREAS a map, plan and report prepared by Kestner Engineers, P.C. dated April 2005, revised July 2005 has been filed in the office of the Town Clerk of the Town of Glenville,

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

ORDER

1.      A petition to extend Water District No. 11 along Rector Road has been filed with the Town Clerk of the Town of Glenville on or about November 2, 2005.

2.      The real property to be included in the extension is described by section, block and lot numbers as identified on the Schenectady County Real Property Tax Service Agency Tax Map as listed below:

14.-1-15.1, 14.1-16, 14.-1-17, 14.-1-18, 14.-1-19, 14.-1-20, 14.-1-21, 14.-1-22, 14.-1-23, 14.-1-34, 20.-4-13, 20.-4.14.1, 20.-4-15.2, 20.-4-15.12, 20.-4-15.111, 20.-4-15.112, 20.-4-41, 20.-4-42, 20.-4-43, 20.-4-44, 20.-4-45, 20.-4-46, 20.-4-47, 20.-4-48, 20.-4-49, 20.-4-50, 20-4-51, 20.-4-55, 20.-4-56, 20.-4-57.11, 20.-4-57.12, 20.-4-59, 20.-4-66, 21.-1-1, 21.-1-2.1, 21.-1-3

3.      The improvements proposed are the installation of water mains and appurtenances along Rector Road as indicated above.

4.      The maximum amount proposed to be expended for the extension is $1,250,000.00.

5.      A portion of the extension for these improvements is for the benefit of the entire Water District No. 11.  The portion attributable to Water District No. 11 as a whole and proposed to be expended therefore is $1,085,000.00.  The amount proposed to be expended for the extension itself is the balance: $165,000.00.  

6.      The estimated annual cost to the typical property is:

a.      District:       $    7.00
b.      Extension:      $538.63

There is also a Town fee for the water meter, and double check valve assembly supplied by the Town for installation by the plumber.  The Town fee includes the Town’s required inspection costs as well. The Town provided items are currently billed at $250.00 for the usual residential service.             

7.      The map, plan and report describing this proposed extension are on file in the Town Clerk’s Office and may be inspected there by members of the public.

8.      The proposed financing method to be employed in the construction of this water district extension is by issuing a bond for $1,250,000.00 payable over twenty years.

                NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Glenville will hold a public hearing on the petition to establish this extension to Water District No. 11 on February 1, 2006 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, New York, to hear all persons interested in the establishment of this extension to the water district; 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 nor more than twenty days before February 1, 2006, the public hearing date; 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 10 days nor more than twenty days prior to the public hearing date.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 58-2006

Moved by:       Supervisor Quinn
Seconded by:    Councilman Bailey

                WHEREAS, over the past several years, the Town of Glenville has hired C.L. Marvin and Company, P.C. to complete Audits of the Town's Financial Statements, and

                WHEREAS, this audit is conducted in accordance with generally accepted auditing standards, the standards for financial audits contained in Government Auditing Standards,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the Supervisor to enter into an agreement with C.L. Marvin and Company, P.C., 11 British American Boulevard, Latham, New York, 12110, to provide the audit of the Town's general purpose financial statements for the year ended December 31, 2005, in the form of the N.Y. State Comptrollers’ Annual update document; and

                BE IT FURTHER RESOLVED that the fees for these services will be based on the actual time spent at their standard hourly rates; and

                BE IT STILL FURTHER RESOLVED that the fees for this service shall be Ten Thousand Ninety Dollars ($10,090.00), based on preliminary estimates by C. L. Marvin and Company, P.C., plus the additional amount of Nine Hundred Twenty-Five Dollars ($925.00) for auditing Section 8 Housing, totaling an amount not to exceed Fourteen Thousand Dollars ($14,000.00), to be taken from budgeted account 01.00.1320.4500 except for One Thousand Thirty Dollars ($1,030.00) for auditing the Highway Fund-Part Town to be taken from account 04.00.5140.4000; Five Hundred Fifteen Dollars ($515.00) for auditing the Water Funds to be taken from account 50.11.8310.4500; Five Hundred Fifteen Dollars ($515.00) for auditing the Sewer Funds to be taken from account 40.09.8130.4500 and Nine Hundred Twenty-Five Dollars ($925.00) for auditing the Sewer Capital Project Fund to be taken from account 40.09.8130.4500.

Ayes:   Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           Councilman Quinn
Absent: None
Abstentions:            None
Motion Carried

RESOLUTION NO. 59-2006

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

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

                Assessor Department
                Building Department
                Justice Department
                Highway 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 Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO 60-2006

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the minutes of the Organizational Meeting held on January 4, 2006 be and they hereby are approved and accepted as entered.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO 61-2006

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the minutes of the Special Town Board Meeting held on January 11, 2006 be and they hereby are approved and accepted as entered.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

Discussion…

                Supervisor Quinn – “This is a resolution for the Town Board in considering how best to provide the legal services for the Town of Glenville.  We determined that it is really in our best interest to abolish the position or the office if you will of Town Attorney.

                When you have an Office of the Town Attorney it has certain limitations to go with it and one is who ever serves in that office must be a resident of the town and number two as an officer of the town they get a two (2) year appointment and so we feel and I am in favor of this one hundred percent (100%) that we want to have certainly the legal services and we want to have the best legal services we can get for our town.  We are abolishing the position so that there will be no confusion and getting us on the right footing to go forth in the future.”

RESOLUTION NO. 62-2006

Moved by:       Supervisor Quinn
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town Board has been considering how to best provide for legal services for the Town of Glenville; and

                WHEREAS, the Town Board has determined that it is in the town’s best interest to abolish the office of Town Attorney,

                NOW, THEREFORE, BE IT RESOLVED that the office of Town Attorney for the Town of Glenville be and it hereby is abolished.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 63-2006

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS a report dated January 12, 2006 has been submitted to the Town Board of the Town of Glenville by Paul Borisenko, Building Inspector for the Town of Glenville, indicating that the building located at 1644 Rector Road, Glenville, New York also identified as parcel #14.-1-34 on the tax maps of the Town of Glenville, is so unsafe and dangerous that it 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 the Building Inspector recommended that the building be secured,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby determines that the building at 1644 Rector Road, tax map ID 14.-1-34 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

                BE IT FURTHER RESOLVED that a notice be served upon the persons and in the manner set forth in Sections 9-5, 9-6, and 9-7 of the Code of the Town of Glenville, New York.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None

Motion Carried

New Business

                Councilman Quinn – “I would like to read a letter from our Traffic Engineering Technician, Tom Melander:

                An evaluation of the Town of Glenville traffic statistics for last year, 2005, demonstrates that traffic accident severity has decreased in the past year.  There were no fatal accidents in 2005 and the frequency of personal accidents decline by 14.9%.

                The Town assigned police officers to traffic enforcement during 2005 and has declined the rate of serious accidents as evidence of their good work.”

                Councilman Bailey – “I think we all received the communication from the BH-BL Central Schools, about their Participation in Government Festival.”

                Supervisor Quinn – “You each have it right?  It is their civic government courses.”

                Councilman Bailey – “They basically ask two things, would some entity in the town be willing to put together a little dog and pony show about what government/public service involves and secondly would we be willing to shadow or mentor a small number of students.  We could have them participate with us, sit with us in a work session and sit beside us during a public meeting.  I think that would be a good experience for them.”

                Councilwoman DiGiandomenico – “I was going to meet with James MacFarland in the near future to discuss this and to volunteer to be the point of contact.”

                The Town of Glenville Town Board Meeting was adjourned at 9:00 PM.

                                                                ATTEST:



______________________________
Linda C. Neals
Town Clerk