Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Minutes 4/19/06
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
APRIL 19, 2006
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


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

Absent: Councilman Edward F. Rosenberg

                Supervisor Quinn called the meeting to order at 8:00 PM. Councilwoman DiGiandomenico 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 except Councilman Rosenberg who was out of town.

Town Council Reports:

                Councilman Bailey – “I received a letter from the Burnt Hills/Ballston Lake Little League thanking us for the Town’s support.  They have invited me to the “Opening Day Ceremonies” on April 29th at 10:30 am.

                The water treatment plant construction continues to move along.  The heavy duty concrete work is done.  They are ahead of schedule.

                We have received several payment requests from the contractors.”

                No one wished to exercise the Privilege of the Floor

Supervisor’s Comments to the Board:

                Supervisor Quinn – “I believe we all received the invitation from the BH/BL Baseball League to attend their open house.

                The Supervisor informed the board members of the meetings which he attended and the upcoming meetings.

                April 13th – County wide Emergency Management Meeting
April 17th – Technical Committee of the Intermunicipal Watershed Board
                May 2nd – DOT - Glenridge Road Project, DOT briefing on the proposed widening of the bridges
                June 6th – Public Hearing & Public Information Session on the Glenridge Road Project
                June 8th – BH/BL Annual Flag Day Parade at 7:00 pm
                May 11th – Public hearing on the renewal of the cable television franchises for the Town of Glenville, Town of Niskayuna and the City of Schenectady at 7:30 pm at the Schenectady County Community College

                The last thing that I have is a different workshop that we are a part of along with the Village.  This is a workshop about presentation materials regarding the potential assessments that are going on with Delaware Engineering.  We are exploring the alternatives about wastewater and sewage treatment and some options that we may have.

                The content of the meeting has been set and it is for our members that are part of that (4 town representatives and 4 village representatives).  They need our input to some of the thoughts and ideas, what do we see happening and what would be our input as we get ready to go into the finals on financials.

                As soon as a date and time is set I’ll let you know.”

                Supervisor Quinn continued with the agenda items.

RESOLUTION NO. 110-2006

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville has joined the Schenectady County Cable Consortium Council for the purpose of joint negotiation of its cable television franchise agreement with Time Warner; and

                WHEREAS, the Consortium has entered into contract with Rice, Williams Associates, Inc., for consulting services related to franchise agreement renewal; and

                WHEREAS, said contract with Rice, Williams Associates, Inc. provides for a financial audit of Time Warner’s franchise fees paid to the City of Schenectady and the Town of Glenville, said audit for a period of three years in the amount of $10,800; and

                WHEREAS, the City of Schenectady and the Town of Glenville may derive additional revenue from auditing an additional three years (six total) for an additional fee of $7,700 ($3,850 each),

                NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville hereby authorizes the Supervisor of the Town of Glenville to execute such amendment as is necessary to the Consortium’s contract with Rice, Williams Associates, Inc. to provide for an additional audit term of three years at a cost to the Town of Glenville not to exceed $3,850.

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

Motion Carried

RESOLUTION NO. 111-2006

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Bailey

                WHEREAS, the New York Development Group (NYDG) is proposing a residential and commercial construction project on 40+ acres of property abutting the Town of Glenville Municipal Center to the south; and

                WHEREAS, given the substantial size of the NYDG’s proposed project, they are seeking at least two access points to their project site, one of which would include the construction of a new road over the western edge of Glenville Municipal Center property, with the terminus being a round-a-bout on Glenridge Road, in front of (off the northwestern corner of) the Municipal Center; and

                WHEREAS, the proposed road over the Municipal Center property is consistent with the Town Center Master Plan, which recommends construction of this road for several reasons, including improved traffic flow within the Town Center area, providing a connection with Rudy Chase Drive (the southern terminus of the NYDG’s proposed road) so as to relieve traffic at the intersection of Route 50 and Glenridge Road, to open up development opportunities on the fringes of the Town Center, including lands abutting the Municipal Center, and to support the eventual establishment of a municipal “campus;” and

                WHEREAS, in order for this road to be constructed, the Town of Glenville must provide an easement over its property to allow for construction of the road, which will eventually be turned back over to the Town; and

                WHEREAS, in allowing the construction of this road, the Town is making certain concessions, not the least of which is the loss of approximately 38 parking spaces to the west of the Municipal Center; and

                WHEREAS, in return for certain concessions by the Town, the NYDG has agreed to a number of conditions, one of which is to deed approximately ¼ acre of their property to the south (rear) of the Municipal Center to the Town of Glenville, for the purpose of re-establishing the “lost” parking spaces, in addition to other conditions such as adding parking to the front of the building, relocating or replacing a storage shed, creating a new vehicle access point for the Police Department in the rear of the Municipal Center, and adding landscaping, among other conditions, all costs of which are to be borne by the NYDG; and

                WHEREAS, these terms and others have been detailed in the attached “Agreement for Temporary Easement;”

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby approves the attached “Agreement for Temporary Easement” between the New York Development Group and the Town of Glenville; and

                BE IT FURTHER RESOLVED, that final approval of this easement is subject to permissive referendum.

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

Motion Carried

RESOLUTION NO. 112-2006

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS, the New York State Canal Corporation is authorized to abandon (sell) Canal Corporation-owned lands in accordance with the New York State Canal Law; and

                WHEREAS, the Canal Corporation has determined that Parcel #5041 on the west side of Washout Creek, and Parcel #5042 on the east side of Washout Creek (both parcels constituting tax map # 20.-4-32) are not needed for Canal Corporation purposes; and

                WHEREAS, the Town of Glenville has not identified this property as having value for future use as a park or for public access, in part due to the presence of two other nearby publicly-owned waterfront properties in the Town of Glenville (Town-owned Maalwyck Park and State-owned Lock 9 State Canal Park), both of which are located within 2 ½ miles of the Canal Corporation property, and the fact that the Canal Corporation property is landlocked, with public access only being available from the Mohawk River;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board has no objection to the Canal Corporation selling this property; and

                BE IT FURTHER RESOLVED, that the Town’s position on the sale/abandonment of this property does not imply Town approval of any proposed use or development of this property; and

                BE IT FURTHER RESOLVED, that any future use or development of such property shall be subject to all Town, County, State or other laws, rules, or regulations related to review, approval, or permitting of such use or development.

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

Motion Carried

RESOLUTION NO. 113-2006

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS, improvements to the Indian Meadows Park playground have been proposed in the park master plan; and

                WHEREAS, the Park Planning Commission has endorsed taking action on improving the playground as soon as possible; and

                WHEREAS, the Scotia Glenville Kiwanis Club has made a donation of $50,000 to this project and grant money is in place for an additional $45,000,

                NOW, THEREFORE, BE IT RESOLVED that the Director of Human Services is hereby authorized to advertise for bids consistent with preliminary planning for improvements to the playground at Indian Meadows Park, such bid specifications being subject to the review and approval of the town legal counsel.

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

Discussion…

                Councilman Quinn – “We all owe a debt of gratitude to Dominick Macherone for his many years of service to this community, not only in a law enforcement capacity but as you know he has been involved in a variety of community services initiatives please give him a hand.” (applause followed)

                Dominick Macherone – “I can’t tell you what an honor and a privilege it has been to serve in this community for thirty-one plus years.  You won’t find a better community throughout this whole state.  It was my honor to serve with all of the members here, with the schools, with the fire department, with our police officers and with our community.

                I am not going to say that I will miss it dearly because I plan on staying active with the community and again thank you very much for the opportunity.”

RESOLUTION NO. 114-2006

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                WHEREAS, due to the retirement of Dominick Macherone, a vacancy exists in the position of Deputy Chief of Police in the Town of Glenville; and

                WHEREAS, it is the intention of the Town Board of the Town of Glenville to provide for effective supervision and command of the Glenville Police Department until such time that a Chief of Police is appointed; and

                WHEREAS, Sergeant Richard Conley is the senior Sergeant in the department,

                NOW, THEREFORE, BE IT RESOLVED that Sgt. Richard Conley is hereby appointed to the position of Deputy Chief of Police (temporary), for a period from April 17, 2006 through May 21, 2006, at a pay rate of $76,317 per annum; thereafter increased to $85,000 per annum; and

                BE IT FURTHER RESOLVED, that the Supervisor of the Town of Glenville is hereby authorized upon the advice and consent of the Town Board to extend this temporary appointment (through the filing of required forms with Schenectady County Civil Service) as may be necessary until such time that the appointment of the Chief of Police is made.

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

Motion Carried

RESOLUTION NO. 115-2006

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the minutes of the meeting held on April 5, 2006 be and they hereby are approved and accepted as entered.

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

Motion Carried

RESOLUTION NO. 116-2006

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the special meeting held on April 12, 2006 be and they hereby are approved and accepted as entered.

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

Motion Carried

RESOLUTION NO. 117-2006

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                BE IT RESOLVED that the Monthly Departmental Reports for March 2006 as received from the following:

                Assessor Department
                Building Department
                Dog Control
                Highway Department
                Justice Department
                Receive of Taxes
                Section 8 Housing Payments
                Town Clerk's Office
                Water & Sewer Department

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

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

Motion Carried

RESOLUTION NO. 118 2006

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

A BOND RESOLUTION OF THE TOWN OF GLENVILLE APPROPRIATING $2,180,000 TO ELIMINATE THE WASTEWATER TREATMENT FACILITY SERVING ALPLAUS SEWER DISTRICT NO. 1 AND PROVIDE FOR THE CONSTRUCTION OF A FORCE SEWER SYSTEM AND PUMPING STATION CONSTRUCTION TO CONNECT EXISTING ALPLAUS SEWER DISTRICT NO. 1 IN THE TOWN OF GLENVILLE AND RIVERCREST SEWER DISTRICT IN THE TOWN OF CLIFTON PARK AND NEW EXTENSION 1 TO ALPLAUS SEWER DISTRICT NO. 1 IN THE TOWN OF GLENVILLE TO A BRANCH MAIN OF SEWER DISTRICT 9 WITHIN THE TOWN OF GLENVILLE, NEW YORK, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,180,000 AND AUTHORIZING THE ISSUANCE OF $2,180,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.

Recitals
WHEREAS, following public hearings duly called and held on July 21, 2004; September 21, 2005; October 19, 2005; December 21, 2005; March 15, 2006 and April 5, 2006, the Town Board of the Town of Glenville, in the County of Schenectady, New York (the “Town”) determined as lead agency under the Environmental Quality Review Act  that the proposed improvements and extension are unlisted actions that will not have a significant negative impact on the environment and also determined that it is in the public interest to provide for the improvement to the facilities of the Alplaus Sewer District No. 1 in the Town of Glenville , Rivercrest Sewer District in the Town of Clifton Park and the extension of new sewer pipes and manholes and pumping stations to Alplaus  Hamlet (Extension 1 to Alplaus Sewer District 1) more specifically described as those parcels north of the Mohawk River, east of the Delaware and Hudson Railroad and south of Glenridge Road, by eliminating the present Alplaus Treatment Facility and installing a new sewer connection  and laying new sewer lines to a new pumping station with shredder/grinder capabilities with the wastewater pumped to a new force main to the Maple Avenue existing transmission main at the total estimated maximum cost of $2,180,000, to be financed by the issuance of obligations of the Town; and

WHEREAS, it is now necessary and desirable to provide for financing the cost of such increase and improvement of facilities by the issuance of serial bonds of the Town;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville, in the County of Schenectady, New York (by the favorable vote of not less than two-thirds of all the members of said Town Board), as follows:

SECTION 1.  The Town hereby finds and determines that this is an unlisted action pursuant to the Environmental Quality Review Act and further finds that this action will not have a significant impact on the environment.

SECTION 2.  The Town hereby appropriates the amount of $2,180,000 to provide for the improvement to the facilities of Alplaus Sewer District No. 1 in the Town of Glenville and Rivercrest Sewer District in the Town of Clifton Park and the extension of new sewer pipes and manholes and pumping stations to Alplaus Hamlet in the Town of Glenville (Extension 1 to Alplaus Sewer District 1), by eliminating the present Alplaus Treatment Facility (the “Project”) as described in the Recitals hereof.  The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $2,180,000 and said amount is hereby appropriated therefor.  The plan of financing includes the issuance of $2,180,000 serial bonds of the Town to finance said appropriation, and the principal of and interest on said bonds as the same shall become due and payable shall be assessed, levied and collected from the several lots and parcels of land within Alplaus Sewer Districts No. 1 and Extension 1 to Alplaus Sewer District No. 1 within the Town in the same manner and at the same time as other Town charges, provided that the same shall be annually allocated by the Town Board in accordance with the benefit of the improvements to Alplaus Sewer Districts No. 1 and Extension 1 to Alplaus Sewer District 1 thereto and shall be assessed, levied and collected by the Town of Glenville from the several lots and parcels of land within the Rivercrest Sewer District in the Town of Clifton Park in accordance with the Intermunicipal Sewer Agreement dated December 21, 1999 between the Town of Glenville and the Town of Clifton Park.

SECTION 3.  Serial bonds of the Town in the principal amount of $2,180,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law (the “Law”) to finance said appropriation.

SECTION 4.  The following additional matters are hereby determined and declared:
(a)     The period of probable usefulness of said class of objects or purposes for which said $2,180,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of subdivision 4 of paragraph a. of Section 11.00 of the Law, is thirty (30) years.
(b)     The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

SECTION 5.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount and taxable real property within the Town of Clifton Park consistent with the Intermunicipal Sewer Agreement heretofore identified.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

SECTION 6.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00, Section 30.00, Section 50.00, Sections 56.00 to 60.00 and Section 63.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and the renewals thereof, determining whether to issue bonds with substantially level or declining annual debt service, prescribing the terms, form and contents of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, and any other powers or duties pertaining to or incidental to the sale and issuance of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

SECTION 7.  The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if:
(a)     such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
(b)     the provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c)     such obligations are authorized in violation of the provisions of the constitution.

SECTION 8.  This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a notice attached in substantially the form prescribed by Section 81.00 of the Law in The Daily Gazette, a newspaper published in Schenectady County, New York, having a general circulation in the Town and hereby designated the official newspapers of the Town for such publication.

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

Motion Carried


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

                The Town of Glenville Town Board Meeting was adjourned at 8:55 PM.



                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk