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Town Board Meeting Minutes 1/17/2007
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
JANUARY 17, 2007
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 7:30 PM.   Supervisor Quinn gave the Invocation and led 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 – “Agenda item numbers 14, 15 & 16 are to be tabled until the next regularly scheduled meeting and later on this evening we will be going into executive session to discuss some personnel matters and union contract matters.”

Town Council Reports:

                Councilman Rosenberg – “The annual re-evaluation is in progress and the folks have come up with some numbers.  I hope to have more information at further meetings.  It is in progress and there has been an increase in assessed values pretty much town wide, some neighborhoods more than others, some types of property more than others.”

                No one wished to speak during privilege of the floor.

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                On the 4th of January I ran a little orientation for the new reporter from the Gazette, for some reason we have fallen off the face of the Scotia-Glenville Journal.  I haven’t seen any articles in the Journal in a long time.

                On the 9th of January we had our meeting with the Alplaus Residents Association.  We had a question and answer session.  It was a very good and healthy town type meeting and we had some follow up tasks to do.

                On two of those tasks that were mine the folks had asked as far finding additional financing for the proposed Alplaus Sewer District, I was supposed to make some appointments and see if there are any member items between our State Legislatures.  I have a meeting scheduled with Assemblyman Tedisco and that will be this Friday.  I talked with the staff at Senator Farley’s Office, they understand the issue and they will put it in along with all of the other items that are being brought forward at this time of the year.  Now we have to wait until March when the budget is presented and acted upon by April 1st.

                On Thursday the 11th there was a conference call with the Government Supply Agency (GSA) staff.  The regional office in Boston, the attorneys down in Washington DC, myself, Metroplex, DEC and our attorney that is working on our Master Plan for the Industrial Park was part and parcel of that.

                The property and the site and the real issue is who is going to be responsible for remediation of the contamination.  There is a site in there that has diffidently been identified by all of the parties as contaminated.  The question now is, is that a GSA responsibility and if so how much or maybe they want to offer the site with that and ask the State of New York or us or anybody else that is interested in this property to clean it up.

                We know they now are responsible for it.  So the attorneys and a round house between GSA, our attorney and who is concerned about the environmental impact stuff, they are waiting for GSA to provide some data and information to Attorney. Bowitch and then we will proceed from there.  This may be a final step in the process, let’s hope it is.

                On Monday January 15th we had the ice storm.  We did not open our emergency operation center here.  I was in touch with the Schenectady County Emergency Planning Office and while there was some four thousand people in Glenville initially that were out by that evening that number had come down to several hundred and now is down to less than forty.

                While we monitored it all day and that night and the next day the Chief of Police and the staff that works on this were constantly in touch back and forth.

                We had four fire stations that were opened to take people in for warmth and food supplies.

                On January 18th I have a meeting with the Schenectady County Intergovernmental Council and there are some agendas that they want to talk over looking at opportunities for cooperation.

                On Tuesday the 23rd I will go to the Capital Region Local Government Council where the Supervisors and Mayors in the seven counties meet and discuss primarily economic impacts either current or potential for the area.  The big one that has dominated this discussion over the last few months has been the proposed A & D operation to open over in the Stillwater area.

                I need your input, so if each of you would give some thought and jot some notes down and turn them into me.  We are preparing the lease we would want to sign for the property that we have for the Homeland Security Project.  We want to include in there all of the things that we know that need to be addressed and to include any of the expenses that you as liaisons may know about from the various town departments, commissions or committees.  I want to gather all of that together so we can sit down with our attorney and formulate what the position would be as far as leasing that property to the Consortium that is trying to develop and build their operation.

                One other thing that we are looking to do and Jamie is responsible as he has been in the past; he is putting together the next edition of the Town Newsletter.  So with the target date of printing and getting it out in March any thoughts or ideas of what should be included please get them into me in the next week to ten days at the most so we can get them to Jamie.

                Obviously one of the things we would want in there is sort of the step by step survivors guide when the electricity goes or some other major catastrophe that could happen.  We can at least say here is your check list, what to do before and what to do during or after.

RESOLUTION NO. 51-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS the Town of Glenville operates a Section 8 Housing Choice Voucher Program funded by the U.S. Department of Housing and Urban Development; and

                WHEREAS the Town of Glenville is required by the U.S. Department of Housing and Urban Development to prepare and adopt a written Annual Plan that establishes local policies for administration of the Section 8 Housing Choice Voucher Program in accordance with regulations of the U.S. Department of Housing and Urban Development; and

                WHEREAS a public hearing is required to be held on said plan,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville will hold a public hearing on March 7, 2007, at 7:30 p.m., or as soon thereafter as it may be heard, at which time the Town Board will hear all persons interested in the written Annual Plan for 2007 for administration of the Section 8 Housing Choice Voucher Program; and

                BE IT FURTHER RESOLVED that the Town Clerk is hereby directed and authorized to publish a notice of this public hearing in the Daily Gazette at least forty-five days prior to the date of the hearing.

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

Motion Carried

RESOLUTION NO. 52-2007

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town of Glenville is proposing amendments to the Town of Glenville Zoning Ordinance; and

                WHEREAS, the amendments would include the addition of “not-for-profit recreation facilities” as a use permitted by site plan review within the Suburban Residential zoning district, as well as the addition of a definition of “not-for-profit;” and

                WHEREAS, pursuant to New York State Town Law, a public hearing must be conducted by the municipality’s legislative body prior to consideration of zoning ordinance amendments;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby schedules a public hearing for Wednesday, February 7, 2007 at 7:30 p.m., or as soon thereafter as possible, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York, to consider the above-noted proposed zoning amendments.

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

Motion Carried
RESOLUTION NO. 53-2007

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville is proposing several amendments to the Freemans Bridge Road Master Plan; and

                WHEREAS, the amendments primarily involve reworking of the land use plan/concept plan portion of the Master Plan;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby schedules a public hearing for Wednesday, February 7, 2007 at 7:30 p.m., or as soon thereafter as possible, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York, to consider amendments to the Freemans Bridge Road Master Plan.

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

Motion Carried

Discussion…

                Councilman Bailey – “The budget for 2007 did not include in its overtime line any money for snow removal.”

                Supervisor Quinn – “It was an oversight in the budget process.”

RESOLUTION NO. 54-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Rosenberg

                WHEREAS, the highway department is required by Town Highway Law to maintain roadways free of snow and ice; and

                WHEREAS, snow and ice operations could arise on hours other than normal business hours therefore creating overtime; and

                WHEREAS, the 2007 Budget adopted by the Town Board included a zero budget for Snow Removal 1.5/Double OT [04.00.5142.1003], and

                WHEREAS, after discussions with the Comptroller it is suggested that funds be allocated from Highway Fund Balance;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby allocates $50,000 of Highway Fund Balance to the 2007 Highway Budget 04.00.5142.1003; and

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

Motion Carried

RESOLUTION NO. 55-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Rosenberg

                WHEREAS, the Town of Glenville submitted a final application for consideration by the Governor’s Office for Small Cities under the NYS Community Development Block Grant Small Cities Program Economic Development Grant Fund; and

                WHEREAS, funding in the amount of $750,000 to include a loan to Solid Surface Craftsman, Inc. of $500,000 and a grant to Solid Surface Craftsman, Inc. of $234,000 and $16,000 in project administration fees; and

                WHEREAS, two (2) separate public hearings must be held to solicit public comment on the use of GOSC funds,

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby schedules one public hearing to be held at a Special Town Board Meeting on Wednesday, January 31, 2007 at 7:30 pm and a second to be held on Wednesday, February 7, 2007 at 7:30 pm or as soon thereafter as possible, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York.

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

Motion Carried

Discussion…

                Councilman Rosenberg – “The Town Board put out a request for proposals seeking engineering services and we received six (6) qualified engineering firms in addition to our existing firm of Kestner Engineers.  Those firms will now be on the list.”

RESOLUTION NO. 56-2007

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town of Glenville Town Board has been discussing the retention of several engineering firms for the purpose of assisting the Planning and Zoning Commission in their review of subdivision and site plan review applications; and

                WHEREAS, a Request for Proposals seeking engineering services was prepared and distributed by the Town Planning Department, which resulted in the submission of proposals from six qualified engineering firms, in addition to Kestner Engineers;

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Planner to retain the services of the following engineering firms to perform engineering reviews of applications that come before the Planning and Zoning Commission, with the costs for engineering review to be paid for by the planning/zoning applicant at the rates included in the fee schedules outlined in the firm’s proposals;

·       Kestner Engineers
·       Barton & Loguidice, P.C.
·       Clark Patterson Associates
·       Bova Engineering, PLLC
·       The Chazen Companies
·       C.T. Male Associates, P.C.
·       Laberge Group

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

Motion Carried

RESOLUTION NO. 57-2007

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

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

                Assessor Department
                Building Department
                Dog Control – Nov & Dec
                Human Services – Dec
                Highway Department
                Justice Department
                Planning 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


                Supervisor Quinn – “We have decided that based on the fact that we are not ready for approval on Items 14, 15 & 16 so we will table those until the next meeting.

                Moved by Councilman Rosenberg, Seconded by Councilwoman DiGiandomenico to table the above mentioned resolutions; all in favor.

                Supervisor Quinn – “We have a resolution that is an add on for this evening and it has to do with the town accepting Maura Lane, it is a new road with new houses.

                Moved by Councilman Bailey; Seconded by Councilman Quinn

                Councilman Bailey – “The sub-division has a roadway through it known as Maura Lane; partially constructed it lacks the top coat,  As is customary in these cases we have the Highway Superintendent review the condition of the road, he determines what remaining work is needed to bring it to an acceptable condition for dedication to the town.  In this case it needs the final top coat application and to insure that is performed we request a letter of credit, which we keep on file until the work is done.”

                Attorney Dickson – “We do not have a letter of credit, I asked to review it and found it was in fact a bond that is somewhat defective.  I just saw it this afternoon and so I think we need to, and it is about to expire also.  I think it is intended to expire on its terms in July of 2007 and they will not be able to put the top coat on by then.

                The other thing that I wanted to comment on is that this developer has two (2) streets that we have been trying to get dedicated for many months, Harlau Drive and Maura Lane.  We have been waiting for material from the developer as recently as Friday Dana (Engineering Dept) received what they call as built drawings for the road that’s proposed for acceptance tonight and we had to send them back.  He says they are okay but he is still waiting for an easement on Harlau Drive and for some reason or another it has been proposed that tonight we accept Maura Lane and not Harlau Drive.  I thought, as did everyone, that we were going to accept them together.

                Harlau Drive has been fully developed, top coated for some years but the developer has not gotten the material necessary for us to accept the road and hasn’t amended the deed.  Maura Lane is partially developed, the one that is proposed for acceptance tonight and I guess that is okay but for some reason they have been separated.  I have a little bit of a concern if we accept Maura Lane that the developer won’t be motivated to do what he has got to do on Harlau Drive because it is all sold out.

                I have been in touch with their attorney for the past two months trying to work them on this and I have confidence that they will do what they have to do but if you are going to accept Maura Lane tonight I would ask that an additional clause be inserted in the resolved clause.  In addition to title insurance having to be issued that security sufficient to the Town Attorney be given to the Town to correct that bond.”

                Councilman Bailey – “I was under the impression that we were financially covered but if you have determined that we are not, then I would suggest that we do not proceed on this”

                Attorney Dickson – “We have a bond in place for $187,000 which covers the whole development and on its terms it is to expire in two years but in parenthesis it says (1).  Now this was given two years ago I don’t know how that got by someone.  I didn’t know that this was going to be on until late this afternoon and I apologize for these comments but at this point I just found out and I thought both roads were going to be put on at the same time.

                I think we are in a position to require that be corrected and we should.”

                Councilman Bailey – “Given what you have discovered about the status of Harlau Drive what does that mean in terms of our maintenance on it?”

                Attorney Dickson – “The Town has been plowing it even though it has not been accepted and we don’t want to do that in the future, somehow we started and we have been plowing.  Under some pressure from the people on Maura Lane to plow that because we have been lucky so far and the people that are in there now are paying their highway taxes.  The school district won’t send certain types of school buses down the street so the kids are walking and that makes for safety concerns also.

                What I hope we will accomplish going forward is that these roads are accepted before there is any certificate of occupancy issued.  I think we have got that procedure in place now.  This is a hold over from a number of years ago and we have to deal with it somehow.  If it is a matter of safety you don’t want to act on it tonight you could call a special meeting during our next work session.”

                Supervisor Quinn – “We have a special meeting scheduled for January 31st and so we could act on it at that time assuming the issues that are still unresolved are resolved by that time.  Personally for my discussion thanks for earning some of your salary sir, and bringing that to our attention but I would recommend we table this one until we have the parts in place that we want to have in place.

                Procedurally do we want to vote this down or procedurally do we want to vote to table this?  What is you pleasure?

                I will entertain a motion to table this particular add on resolution until the requirements of the Town Ordinance and the Town Attorney are met.”

                Moved by Councilman Bailey; Seconded by Councilman Rosenberg, all in favor.

New Business:

                Councilman Rosenberg – “We have a new opening on the Planning and Zoning Commission.  We had someone resign and their term is up in 2008.  If anyone is interested in filling this position, there are applications available at the Town Clerk’s Office, fill it out and give it to me as soon as possible.”

                Supervisor Quinn – “It has also been recommended by the Commission that they get an opportunity to review the applications like we do so that they can offer their thoughts and ideas on this.

                Let’s hope there are some citizens out there that would like to take the opportunity to volunteer for this particular Planning and Zoning Commission opening.”

                Councilman Quinn – “This reminds me to mention one of my own committees.  We have at least one vacancy and possibly two on the Traffic Safety Committee as well that we need to fill for 2007.  If there are any interested parties you can contact me.”

RESOLUTION NO. 58-2007

Moved by:       Councilman Quinn
Seconded by:    Councilwoman DiGiandomenico

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss contract negotiations and personnel matters.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None
Motion Carried
                Supervisor Quinn adjourned this portion of the meeting at 8:11 p.m. and moved into Executive Session.

                The time being 8:40 pm Supervisor Quinn reconvened the meeting and the following action was taken.

RESOLUTION NO. 59-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville and the Glenville Highway Department Employees Association have been engaged in negotiation of a new Collective Bargaining Agreement (CBA) upon the expiration of the current agreement in 2005; and

                WHEREAS, a Memorandum of Agreement (MOA) has been signed by both parties regarding terms and conditions of amendments to the CBA,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville does hereby approve the terms and conditions set forth in the MOA dated January 12, 2007; and

                BE IT FURTHER RESOLVED that the Town Board authorizes the Supervisor to sign a new Town of Glenville/Glenville Highway Department Employees Association CBA in a form acceptable to the town’s labor counsel.

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

Motion Carried

                Supervisor Quinn adjourned this portion of the meeting at 8:43 p.m. and returned into Executive Session to discuss personnel matters.

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

                The Town of Glenville Town Board Meeting was adjourned at 9:50 PM.



                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk