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Town Board Meeting Minutes 10/15/2008
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
OCTOBER 15, 2008
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

Present:        Supervisor Frank X. Quinn, Councilmen Edward F. Rosenberg, Mark A. Quinn, Christopher A. Koetzle and Councilwoman Valerie M. DiGiandomenico

Absent: None

                Supervisor Quinn called the meeting to order at 7:30 PM; Councilman Koetzle 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.

Town Council Reports

                Councilman Koetzle – “I just want to update the Board on our work on the Small Business Economic Development Committee.  We have been meeting diligently every month.  We are moving forward with some exciting opportunities but one of the things that is coming out of the Committee is that they have the desire to reconstitute the Glenville Business Association for a variety of reasons but specifically for one reason to try and leverage more grant money for the town.  I think that is going to be an exciting opportunity for us.  Unfortunately we have missed some opportunities at the apple because we haven’t had a group that is eligible for these grants.  We are going to work in that vein and try and get more State/Federal/Metroplex money for the town regarding economic development.  I will keep you posted as we go forward.

                Any business interested in joining that association I would say to contact Tony Germano here at the Town Municipal Center at 688-1201.

                The other thing that I would like to report on comes out of highway.  We talk a lot about overtime and how to manage that best.  I just want to point out two issues that happened this past weekend.  We have had a beautiful stretch of weather but unfortunately sometimes overtime doesn’t occur because of bad weather events it comes because you can’t control other events.  On Saturday there was a water main break out by Scotchbush Road on the east side of the town that tied up a lot of the highway department personnel and then on Sunday there was a second water main break out on the west side of town.  I think as we go forward we’re looking at the budget tonight we are looking at some options before us.  We have to be mindful that overtime isn’t always an easily manageable thing even when it’s 70º and sunny there is still a potential for something happening that you just can’t ignore.  It has to be addressed because it has occurred twice this weekend and I think that is a good point for us to drive home as we look at these budgets tonight.”

                Councilwoman DiGiandomenico – “Schenectady County will be celebrating America Recycles Day on Saturday, October 25 when it will offer Schenectady County residents the opportunity to get rid of their unused or unwanted computers, electronics and fluorescent lights.  This will take place at the Waste Management and Recycling in the Scotia-Glenville Industrial Park from 8:00 am to 12:00 pm.”

                Supervisor Quinn – “Item number 5 on the agenda is a public hearing to consider any objections which may be made to the Assessment Roll for Water District No. 11 and Extensions No. 1 through 35.”

                Supervisor Quinn opened the public hearing at 7:40 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:41 pm.

                Supervisor Quinn – “Item number 6 on the agenda is a public hearing to consider any objections which may be made to the Assessment Road for Sewer District No. 9.”

                Supervisor Quinn opened the public hearing at 7:42 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:43 pm.

                Supervisor Quinn – “Item number 7 on the agenda is a public hearing to consider any objections which may be made to the Assessment Roll for Sewer District No. 4, Acorn Drive Sewer District and Sewer District No. 6 Woodhaven Waste Treatment Plant.”

                Supervisor Quinn opened the public hearing at 7:44 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:45 pm.

                Supervisor Quinn – “Item number 8 on the agenda is a public hearing to consider any objections which may be made to the Assessment Roll for Alplaus Sewer district No. 1 and Extension No. 1.”

                Supervisor Quinn opened the public hearing at 7:46 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:47 pm.

                The following people exercised the privilege of the floor.

                Dave Gallup, town resident – Mr. Gallup spoke on Fire District #4.  He stated that he would like to see it be made its’ own district which encompass the Village of Scotia.  He also stated that he feels the Town should stay with Scotia FD for now.  Mr. Gallup suggested that instead of the Village coming to the town every year with a bid he feels that the Town should state how much they have and can the Village protect it for that much money.

                He also stated that he was an opponent of the Town Administrator being hired.  He continued to state the Mr. Germano has done 15 years worth of work and is doing a fantastic job.”

                Tom Coppola, town employee – Mr. Coppola expressed his feelings on the Town Council members not being aware of the day to day work pace that the highway workers go through each day.  He stated that the board can not understand all of the tasks that they do.  Mr. Coppola stated that they are the security blanket for the town.  He continued to explain that some days are slower than others but if the phone rings at 2:00 am someone has to be there.  He stated that he has been in the private sector and now in the public sector.  We all work together highway and public work employees.  He said that he doesn’t believe that the board members understand the day to day operations of the highway and water departments.

                He asked the board members to take in consideration exactly what they do and maybe they need to drive around the town with them or sit with them whatever it may take.

                He stated that that’s all he is asking from the board and for them to be diligent in understanding what it is exactly that goes on in the highway and public works departments.

                No one else wished to speak; Supervisor Quinn closed the privilege of the floor.

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                October 3rd – Met with the Schenectady County Intergovernmental Relations Committee.  The highlight of that meeting was the briefing of their central dispatch study, what they had found and where they are planning to go.  They are still wrapping up their study and they have made some recommendations and they were asking us for some thoughts and ideas on some of the activities related to this particular study.  No decision was made, nothing was voted on and so it continues to go on.

                October 4th – The National Guard had their 60th Birthday Party.  It was sponsored by the Chamber of Commerce under the Schenectady Military Affairs Council.  There were well over 300 people in attendance.

                October 8th – We had our work shop on Fire District #4.  If you have any input on this I would like to wrap it up with the next work shop.  How do we want to proceed with this?  We talked about boundaries, we talked about services and we got data that was provided by the Beukendaal Fire Department.  You will get an agenda from me so we can address this thing and deal with it and say for ’09 what is our stance and what are we going to do with this?

                We have on the agenda tonight the requirement to vote a Preliminary Budget and we have four options in front of us.  We had the Tentative Budget that was submitted at the end of September and now we have three options in front of us this evening on the Preliminary Budget.  We do have to adopt a Preliminary Budget this evening.  I have given you all a handout, a verbal summary, of what is in each of the budgets as a result of our work shop.  If you will note when you look at appropriations the difference between the tentative budget and the three preliminaries is about 1.2 million dollars difference in appropriations.  When we look at the revenue line we see that the range there in our estimates in all four of our options is about $700,000.  How much money we wanted to devote from the fund balance was pretty close together, there was a difference of about $50,000 in the range and the amount to be raised by taxes is in the range of about 1.2 million dollars is the difference between the four of those that you have before you.

                You have got the data and we have all been into this quite heavily.  Sequentially what we do tonight is we will put these up as options, call for a vote and we will go through each of them if you want we don’t adopt one right a way which ever one we adopt that will be the one we put forward to the public as our Preliminary Budget for ’09.  That will get published and distributed to the public, we will have a public hearing at the first meeting in November and at the public any and all persons from the community can address what they like or dislike about the budget and that will be the Preliminary Budget that we vote.  On the second meeting in November we will then vote the Final Budget for the year at that meeting.

                A couple other things that you need to be aware of tomorrow night at the Senior Center at 7:00 pm the Department of Economic Development on the infection of the oak trees that are down in Glen Oaks.  They are going to talk about what it is and how they plan to attack that particular issue.

                On Saturday the 8th, ESAM is having their fund raiser breakfast so any and all of us who want to support ESAM (Empire State Aerospace Museum) there is an opportunity to go and have some pancakes to help them out.

                On the 21st we will have a meeting with some of the officials from Clifton Park to go over thoughts, ideas, and proposals and counter proposals on the sale of water to Clifton Park.

                I sent out letters to various and sundry companies in Schenectady County.  The letter said that I am interested to know if you have an interest should we ever decide to do this in bidding on any of our projects related to highways, ditches and leaves so we see if in the private sector if there is any interest.  We all know we have contracts with our unions but we also need to know what some other options are.  They owe us an answer by the first week in November so they will come back to us and say yes or no and then if they do offer such things we as a board can put together an RFP and sent it out and see what the responses would be from the private sector.”

Supervisor Quinn called for a motion on adopting the amended Tentative Budget as the Preliminary Budget.

--Supervisor’s Tentative Budget:
SUMMARY:
Reduction of 9 positions and $32,000 in Police and Highway overtime and other
operating cost savings.
Increase fund balance to be applied to 2009 Budget by $250,000 for a total of $771,000 (which accounts for the $100,000 Highway Bond Carry over)

RESULT:
$1,167,129 fund balance available
4.9% Tax Levy Increase.  However, due to $100,000 Highway Bond adjustment
 the Tax Levy is actually 2.9%.  This equates to a 2.14% Town Tax Rate and
 2.43% Village Tax Rate
$11.02 Tax Rate increase for average $173,000 Town property
$  2.21 Tax Rate increase for average $124,000 Village property

                Moved by Councilman Rosenberg and Seconded by Supervisor Quinn

Discussion…

                Councilman Koetzle – “All though I think that the intent of this budget is valuable and was wise in trying to keep the tax levy as low as possible.  I think this budget cuts too deep into essential services and eliminates far too many positions that are crucial in making sure our residents are served, that our residents are met with public safety, for example this budget would cut nine positions out of police and highway leaving, I think, 9-1-1 calls unanswered, leaving snow routes unplowed, storm damage un-cleared.  I would suggest a no vote for this budget.”

                Supervisor Quinn – “I would add a couple of thoughts on that subject matter.  Obviously I am the person who spent the time along with our staff putting that one together.  While I hear the comment “it cuts into essential services” I haven’t seen the data so we are making an assumption as far as I am concerned, that’s one person, that we would be cutting essential services.  That may be true if we continue to work the ways we have always worked.  If not and we choose to operate in some other ways then that obviously lead to two things; we get the services, as we’ve always had them, or number two just like in the corporate world we have to go for some more productivity.  I was not enjoying it or elated to put that forward but I also know what the economy is like and I also know what the tax payers say they can afford for taxes.

                The comment that it cuts nine positions has to be adjusted by the fact that positions were requested in addition to current positions as well as existing positions so it has to be adjusted.  The number nine doesn’t mean that we are cutting out nine people that are currently employed in the town; they were positions that were requested in various and sundry departments.

                Needless to say I have a vested interest in this particular budget I think its tax rate ($11.00 for the town residents and $2.00 for the village resident) 2.9% is reasonable for the citizens.”

Motion to adopt the Tentative Budget as the Preliminary Budget

        Ayes:   Supervisor Quinn
        Noes:   Councilmen Koetzle, Quinn, Rosenberg and Councilwoman   DiGiandomenico

                Supervisor Quinn – “We have three Preliminary options, so now we will vote on Preliminary Option #1:

                This is a tax increase of 12.2%.”

--Budget Option Preliminary #1
SUMMARY:
Restores all existing positions and overtime for Police and Highway
No change in revenue from Supervisor’s Tentative Budget
Fund balance to be applied to 2009 Budget is $771,000 (which includes $100,000 for the Highway Bond carryover)  

        RESULT:
$1,167,129 fund balance available
14.2% Tax Levy increase.  However, due to $100,000 Highway Bond adjustment
 the Tax Levy is actually 12.2%.  This equates to a 11.95% Town Tax Rate and
 2.43% Village Tax Rate
$61.52 Tax Rate increase for avg. $173,000 Town property
$ 2.21 Tax Rate increase for avg. $124,000 Village property

Motion on Option #1 Moved by Councilman Rosenberg; Seconded by Supervisor Quinn.

Discussion…

                Councilman Koetzle – “I think this is a better Budget, it restores the existing positions that I think are necessary to deliver the essential services to our residents.  It does carry a higher tax levy which I think the tax rate of 12.2% is too high in this option.”

                Councilman Rosenberg – “I think the thing that we are going to be struggling with through everyone of these options is we are all going to be unhappy with the tax rate.  You can’t keep the positions and keep the tax down, unless we can find somewhere else to cut.  My opinion is that the revenues need to be cut also, we are assuming that we are going to be bringing in the same amount of sales tax and the same amount of mortgage tax this year and next year that was brought in last year.  For all intensive purposes I think our economy is not going to just jump up to what we did this year.  It has gotten worst this year from January until now and I for one am not willing to gamble with – it’s going to stay the same as it is now.  I think we are in for some more rough water.”

                Councilman Koetzle – “I just want to say that I do agree with Councilman Rosenberg, I think that we have a tough economy coming ahead, we have to find that balance between still being able to deliver services to our residents and keeping the tax rate as low as possible.  I think there is another option before us tonight that addresses that a little bit better than this one.

                I also want to say the each of these budget options carry, it appears to be a 1.2 million dollar surplus fund that I think will help us meet any unforeseen shortfalls in 2009.  We have got that little bit of padding there that I think is going to be very helpful.  I am also very worried about the revenues in ’09.  I would like to see them come down a little bit but we do have an opportunity in ’09 to adjust if we need to if the economy stays sour, I think most forecasters are looking into the first six months and then after that it is going to turn around but who knows.  But we have got our cushion and I think we have a budget later that we are going to look at that balances the need of delivering the services and keeping the tax rate at a reasonable level.”

                Supervisor Quinn – “Just as a reminder that surplus is available for all four of these versions except in the Supervisor Tentative budget there is even more available.  Obviously that was my intent so that we would have a surplus.  We keep as much of that surplus as we can so that when the need comes we do have a surplus but departments can not be spending without coming back through the board for any additional thing beyond their budget.”

                Councilman Koetzle – “I am confused, your budget has a 1.2 million dollar fund balance available and so does this one.  You indicated that you have more fund balance in your budget.”

                Supervisor Quinn – “I will stand corrected on that one.”

        Ayes:   None
        Noes:   Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomencio       and Supervisor Quinn

                Supervisor Quinn – “Now we need a motion and a second on Preliminary Budget Option #2:

                This particular budget is a tax increase of 27.7%.”

SUMMARY:  
Restore all existing positions and overtime for Police and Highway
Restore $100,000 to Highway Salt Fund
Increase fund balance to be applied to 2009 budget by $50,000 or a total of
$821,000 (which includes $100,000 for the Highway Bond carry over)
Reduce Sales Tax revenue by $220,000
Reduce Mortgage Tax revenue by $65,000

RESULT:~~
~~~             $1,117,129 fund balance available
27.7 Tax Levy increase.  This equates to a 27.97% Town Tax Rate and 6.97%
  Village Tax Rate
$144.06 Tax Rate for average $173,000 Town property
$ 6.31 Tax Rate for average $124,000 Village property

Motion on Option #2 Moved by Councilman Rosenberg; Seconded by Supervisor Quinn.

Discussion…

                Councilman Rosenberg – “I’m just bringing these up so we can all discuss and vote on them…

                Councilman Quinn – “I’ll go ahead and say that I don’t even want to discuss a 27.9% tax increase.”

                Councilman Koetzle – “I’ll concur”

                Supervisor Quinn – “The reason that I seconded that motion is to make sure that we all vote for the record, all five of us, on each of these options.  We all run and we hand out little palm cards, we are going to cut taxes, we are going to control spending, all of us up here did this and so on and so forth, so that is why I too, thank you for making the motion I seconded it for that reason.”

        Ayes:   None
        Noes:   Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico       and Supervisor Quinn

                Supervisor Quinn – “We are down to Preliminary Option #3; this particular option is also working with the four main components just like the previous three, revenue appropriations, fund balance and the actual tax levy.  The bottom line on this one is 10.4% tax increase over the current budget.”

--Budget Option Preliminary #3
        SUMMARY:
        Restore all existing positions and overtime for Police and Highway
Fund Balance to be applied to 2009 Budget is $771,000 (which accounts for
Highway Bond carryover and is the same as Tentative Budget)
               Reduce $100,000 in Highway for Salt (same as Tentative Budget)
               No reduction in Sales Tax revenue (same as Tentative Budget)
                No reduction in Mortgage Tax revenue (same as Tentative Budget)
                Other reductions:
-Reduces Comptroller personnel services by $8,700
-Reduces Audit Services by $5,000
-Reduce contingency Account by $10,000 for insurance
-Reduce Control of Animals Overtime by $2,000
-Reduce Police Equipment and Police Conferences by $10,000
-Moves $10,000 in personnel services from Building to Water Fund   
                -Reduce Park Engineering Services by $3,000
                -Increase Franchise Fee Revenue by +$10,000
                -Reduce Highway Compensatory time payout liability by $15,000
                -Reduce Highway Legal Fee by $2,000
                -Reduce Highway Tree Trimming by $15,000
                
       RESULT:
$1,167,129 fund balance available (same as Tentative Budget)
10.4% Tax Levy increase or 9.66% Town Tax Rate and 8.84% Village Tax Rate
$49.75 Tax Rate for average $173,000 Town property
$ 8.00 Tax Rate for average $124,000 Village property

Motion on Option #3 Moved by Councilman Koetzle; Seconded by Councilman Quinn.

Discussion…

                Councilwoman DiGiandomenico – “I just want to read a statement:

        “At last Wednesday’s work session the 9.6% increase at that time amounted to a $36.61 tax increase that was based on an assessed value of $173,000 for the town tax.  However that rate did not include an item of $100,000 for road paving, which was somehow overlooked.  Therefore this budget item has been adjusted to include this amount that now reflects a 9.6% increase to be $49.00 instead of $36.00.  When I questioned how a 9.6% could equal an increase of $36.00 one time and the next time a 9.6% increase equal $49.00 I was told “the numbers did not account for the $100,000 debt for the highway paving, so in reality the 9.6% tax rate was actually 7.6% for a $36.61 increase”.

                Since I was quoted in the Gazette that a 9.6% tax increase equaled $36.00 on an assessed value of $173,000 in the Town my creditability has been compromised based on the information that I was given.  I just want to set the record straight.

                It is also my understanding that our reserve fund balance, I am not quite sure what it was at the end of last year when we did the budget, I think it came in around 1 million dollars, a little under and at the end after we closed the books what was the actual fund balance?”

                The Comptroller responded but the microphone did not pick up his response.

                Councilwoman DiGiandomenico – “My question to you is what the fund balance was on January 1, of this year?”

                George Phillips, Comptroller – “January 1, 2008 the total equity of the town was 2.1 million.”

                Supervisor Quinn – “That’s not the fund balance, it’s the equity position.”

                Councilwoman DiGiandomenico – “We have also looked at the numbers that were presented to us as of the end of September and by most accounts and I think Councilman Quinn has the exact percentages.”

                Councilman Quinn – “The amounts are 17% ahead on revenues and 12% behind on expenses.  It’s a pretty substantial amount.”

                Councilwoman DiGiandomenico – “So I think we are looking at a fund balance, to put everyone at ease not at 1.1 million but probably closer to 2 million plus.  I know that they are projected numbers but I am trying to give you some background as to where we stood last year with projected numbers and where we stand this year with projected numbers, so that you are not overwhelmed that we are approving a budget that has no safety net.  That was the only point that I was trying to make.”

                Councilman Quinn – “I would just like to say that the Preliminary Budget Option #3 is my preferred option because not only does it restore all of our existing personnel and the services that they provide but I think it also disciplines us in a way where there are some hard operational cuts here that I think we will have to live by.  They will be difficult to achieve but I think they are achievable.  In light of what Councilwoman DiGiandomenico just mentioned I would also reiterate that our position right now financially is very healthy.  I also agree that we are going to end up with a much greater fund balance then we are projecting right now.  I am well aware and you have heard me say this before many times, I am well aware that there are some year-end expenses that are one time and sometimes very substantial but it’s still going to be more then enough of an insurance policy, if you will.

First amendment to Preliminary Budget Option #3

                In light of that I would like to make a motion to amend this budget to commit an additional $100,000 of fund reserve towards tax reduction, which is a little bit more than 2%, hopefully in the right direction.  It would bring this down to a little under 8.4% instead of 10.4% of a tax increase and I hope you can support that.  I think that we will have more than enough left over to achieve that.”

                Supervisor Quinn – “Just to clarify your amendment are you saying amend this option or amend the final version?  What is your amendment, to this particular Preliminary Option #3?”

                Councilman Quinn – “Yes, to commit an additional $100,000 out of fund balance which would leave us $1,067,129.”

                Councilwoman DiGiandomenico – “I have a question, on the results, it states that 10.4% Tax Levy increase or 9.66% Town Tax Rate and 8.84% Village Tax Rate, could you explain this to me why there is a tax levy and a tax rate so we don’t confuse the two?”

                George Phillips – “The tax levy is the millions of dollars we have to raise from the tax payers to augment what revenue plus fund balance are not in excess of what we have budgeted for expenditure.  The tax rate is the amounts of dollars per thousand of assess value that an average tax payer of $173,000 house would have to pay on their January tax bill.”

                Supervisor Quinn – “One is right to the property owner what is your rate going to be and the other has to do with the dollar amounts to balance the budget.”

                Councilman Rosenberg – “I can support that increase in fund balance, another $100,000, assuming that there is a reduction in sales tax and mortgage tax from this year.  This current Preliminary Option #3 doesn’t take that into consideration.”

                Attorney Dickson – “Councilman Quinn has made a motion; I think you should ask for a second and vote on it.”

                Supervisor Quinn – “If we are making a $100,000 adjustment I would think we want to do the same thing for all four options because if there is $100,00 available for this one then think about it Council People, we really could be talking about the same $100,000 for any and all.

                With that please do not confuse equity with fund balance and the numbers we have are as of the end of August we are getting ready to put the numbers out for September.”

Vote on first amendment

                Motion was Seconded by Councilman Koetzle

        Ayes:   Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico
        Noes:   Supervisor Quinn

                Supervisor Quinn explained his vote – “To move this along while I don’t approve of this unless it is applied to all four options, we need to get a Preliminary Budget vote so I am voting no but we will take it up in the next three weeks.”

Second amendment on Preliminary Budget Option #3

                Councilman Rosenberg – “The numbers that we have for sales tax revenue are the same as they were for 2008 and the mortgage tax is pretty close to what we received this year.  My amendment would drop both of those numbers down by $50,000 each.”

                Councilman Koetzle – “We are back to where we began.  We added $100,000 and now we are going to take $100,000.”

                Supervisor Quinn – “He has an amendment for those two line items, to reduce the revenue stream by $50,000 each.”

                Councilman Rosenberg – “My reasoning behind that is I can justify a lower fund balance if our numbers, in my mind are appropriate to what we’re actually going to receive in revenue.  I don’t have a problem putting more fund balance but I think the revenue needs to reflect the reality as well.”

                Councilman Quinn – “I agree with the level of caution with both of those revenue items however I am very confident at this point that the revenue overage that we are going to have at the end of this year will more than cover the amount that you just mentioned.  I am saying that we will have a carry over that will more than make up for that.  I actually agree especially on the mortgage tax line I think we have to be very wary of that one.”

                Councilman Rosenberg – “What we have heard so far from the County, I don’t know that we can assume that we are going to be getting what we got this year and certainly not an increase.”

        Motion was seconded by Councilman Koetzle

                Councilman Koetzle – “This amendment would bring our tax rate back to 9.66%, right where we were.”

                Supervisor Quinn - “Correct”

                Councilman Koetzle – “I agree with Councilman Rosenberg, I think that we need to be cautious, I said earlier about revenue.  I am having a hard time reconciling the two arguments here tonight.  One is that we are going to be flushed with cash and one is we are not going to have the revenue where we thought it should be.  I think as it stands this budget balances those two arguments as best as possible.  I like to be a little more cautious, but I don’t want to do it at the expense of a higher tax rate on the residents up front and then find out at the end of the year that residents paid a higher tax and we have a bigger fund balance.  I’d rather have the opportunity to go back into that fund balance if we needed it as a savings account and say that we saved you a higher tax rate in early ’09 and maybe our revenues weren’t where we thought they should be but we have the cushion to cover it.  I think it just saves the residents a higher tax rate that might be unnecessary.  I would say no to the amendment.”

                Supervisor Quinn – “First of all we are working on an assumption about A) revenues and B) fund balance.  We are not really going to know the actual fund balance until all of the books close but we commit at this point.  The fact that we would have an adequate revenue overage this year is an assumption.  We know what we have for the projection so far and that’s based on numbers through August.  I concur with Councilman Rosenberg’s comment to be more cautious on the revenues both in mortgage and sales tax and I think that is very smart.”

Vote on the second amendment

        Ayes:   Councilmen Rosenberg, Councilwoman DiGiandomenico and Supervisor                        Quinn
        Noes:   Councilmen Koetzle and Quinn

                Councilman Koetzle – “One clarification, Mr. Supervisor, Councilman Quinn and I were noticing the published salaries for the elected officials and I think it warrants a little discussion as to what is actually happening there because it is not clear as the resolution is written.

                There will be no, as I understand it, as Councilman Rosenberg suggested in a work session, there will be no health benefits available to part-time elected officials after this budget.  We eliminate health insurance to elected officials but it appears to me that the salaries are higher than the 3.25% agreed upon.”

                Tony Germano – “What you discussed and decided was you would eliminate later on, once this budget is adopted, the health benefits for part-time elected officials but you added the health benefits in the salary plus 3.25%.  There is no increase in the salary other than the 3.25% over last year.”

                Councilman Quinn – “But if that is the case it should be the equivalent of this years salary plus opt out, plus 3.25%.  If you do that math this number is too high.”

                Tony Germano – “In last year’s budget you’re in two different line items, salary and your opt out.  You have to add those two together and then the salary account add 3.25% and opt out.  It should come up to the total that is in this budget.”

                George Phillips – “The discussion I heard relative to salary was to have a flat $4,600 adjustment upward in the part-time salary for all part-time elected officials to account for a representative number of no opt out, no dental/vision coverage for any of them.  Some had been elected at different times so there is a different percentage for opt out and in order of fairness a standard number was picked.”

                Councilman Quinn – “My biggest concern in all of this obviously is the public perception because on paper it looks like a base salary of $6,750 all of the way up to $11,639.  From a percentage standpoint for those that don’t understand we are giving our benefits up.  I just want to make sure that we do an adequate job relating this to the public because I don’t think they are going to understand it the way it’s written right now.”

                Supervisor Quinn – “Another variable in this particular discussion is not all part-time elected officials are participating in opt outs, medical, dental and so forth this is why the math isn’t straight 3.25%.”

                Councilman Rosenberg – “At what point do we..I mean my initial objective to this whole thing was to get rid of the health insurance benefits for elected part-time officials, that was my goal.  It’s being met here with a zero effect aside from the cost of living 3.25% increase but how are we setting this in stone for future boards that it’s not an option.”

                Supervisor Quinn – “You can make that a separate resolution that this is it for the future.  We are doing this in the budget tonight but if we want to preclude that in the future our Personnel Handbook would have to reflect that.”

                Councilman Rosenberg – “I think we need to make a resolution at some point that there are no more benefits for part time elected officials.”

                Councilman Koetzle – “I think the beauty of this, although as Councilman Quinn says it looks a little egregious on paper the beauty is it saves the town a tremendous amount of money because we all know one of the biggest cost drivers to the town is health insurance, double digit increases.  Those will be gone after this resolution is passed that we just mentioned and I think that is an important step for the town in going forward.”

                Councilwoman DiGiandomenico – “This brings us up to what the average Councilmember makes in most communities plus they get the benefits where we would not be getting the benefits.”





                Supervisor Quinn – “Now we will vote on Preliminary Budget Option #3 as amended:

Vote on Preliminary Budget

        Ayes:   Councilmen Koetzle, Quinn, Rosenberg and Supervisor Quinn
        Noes:   Supervisor Quinn

RESOLUTION NO. 167-2008

Moved by:       Councilman Rosenberg
Seconded by:    Supervisor Quinn

                WHEREAS, the Tentative Budget has been filed with the Town Clerk; and

                WHEREAS, pursuant to Section 108 of the Town Law, a public hearing must be held by the board upon said Preliminary Budget, on or before the Thursday immediately following the General Election,

                NOW, THEREFORE, BE IT RESOLVED that the Tentative Budget is hereby amended to establish the elected officials’ salaries at:

                Supervisor ...........................................$ 19,152.00
                Town Council Members (four)..............…$     11,639.00 [each]
                Town Clerk...........................................$  59,635.00
                Town Highway Superintendent................$    82,654.00
                

                BE IT FURTHER RESOLVED, that the Tentative Budget as amended be adopted as the Preliminary Budget for 2009; and

                BE IT FURTHER RESOLVED by the Town Board of the Town of Glenville that a public hearing upon said preliminary budget shall be held at the Glenville Municipal Center, 18 Glenridge Road, in said Town on November 5, 2008 at 7:30 P.M., or as soon thereafter as can be reached; and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is directed to prepare the proper notice of said public hearing and to publish and post said notice in accordance with said Section 108 of the Town Law; and

                BE IT STILL FURTHER RESOLVED that the Town Clerk be and she hereby is directed to have twenty-five (25) copies produced of the Preliminary Budget for public distribution and another (25-50) if and when the need arises.

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

Motion Carried

RESOLUTION NO. 168-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS, the development of Maalwyck Park requires bid documents that provide detailed engineering and landscape architecture, and

                WHEREAS, the Town of Glenville solicited proposals for such services as required by the town’s purchasing policy, and

                WHEREAS, five proposals were received for services relating to the development of Maalwyck Park, ranging from $29,000 to $62,500,

                NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Glenville is hereby authorized to enter into agreement with the Environmental Design Partnership, 900 Route 146, Clifton Park, NY, for the sum of $29,000 for services relating to the Maalwyck Park Improvement Project detailed in a proposal dated 6/11/08 (attached).

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

Motion Carried

RESOLUTION NO. 169-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                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 December 3, 2008, at 7:30 p.m., at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY for the purpose of receiving comments from the public on the proposed Agency Plan for 2009 for 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 Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None

Motion Carried




Discussion…

                Councilwoman DiGiandomenico – “Under Section VI Designation of Depositaries I would like to add Key Bank because they have some good rates that are available that some of the other banks don’t have.

                I would like to make a motion to amend the resolution to include Key Bank in Section VI Designation of Depositaries.

                Councilman Koetzle – “Is this a policy that is presented to us from a security professional or is this something that we are doing in house?”

                George Phillips – In 2004 was the last time we re-worked the policy thoroughly and we sort of left it standing.  We changed banks as years went forward.  (microphone did not pick up Mr. Phillips’ comments due to the fact he did not step up to the podium).

                Councilman Koetzle – “So this policy was presented with input from professionals but that was four years ago.  One thing that I would like to suggest is maybe if we look at the “Schedule of Eligible Securities” the last one listed on the first page is (ix) “Any mortgage related security…”, I don’t think that should be an eligible security so I would like to make an amendment to strike that as an “Eligible Security”.

                Supervisor Quinn – “On this policy, these kinds of things are reviewed by the auditors when they do their annual audit.”

                George Phillips – “They occasionally look at it, I am not sure that they have taken a lot of time to go…

                Motion moved by Councilwoman DiGiandomenico to add “Key Bank”, seconded by Councilman Koetzle.

                Ayes:   Councilman Quinn, Councilwoman DiGiandomenico, Supervisor                               Quinn
                Noes:   Councilmen Koetzle and Rosenberg

                Motion moved by Councilman Koetzle to delete (ix) from Article A, Schedule of Eligible Securities, Seconded by Councilman Quinn.

        Ayes:   Councilmen Koetzle, Quinn, Rosenberg, Councilwoman      DiGiandomenico and Supervisor Quinn
        Noes:   None

RESOLUTION NO. 170-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS Section 39 of the General Municipal Law of the State of New York requires municipalities to adopt a comprehensive investment policy,

                BE IT RESOLVED that the Town Board of the Town of Glenville hereby updates the Town’s “Investment Policy”:





INVESTMENT POLICY
TOWN OF GLENVILLE

I.  SCOPE

    This investment policy applies to all moneys and other financial resources available for investment on its own behalf or on behalf of any other entity or individual.

II.  OBJECTIVES
 
   The primary objectives of the local government’s investment activities are, in priority order,
        to conform with all applicable federal, state and other legal requirements              (legal);
        to adequately safeguard principal (safety);
to provide sufficient liquidity to meet all operating requirements (liquidity); and
        to obtain a reasonable rate of return (yield).

III.  DELEGATION OF AUTHORITY

    The Town Board’s responsibility for administration of the investment program is delegated to the Supervisor who shall establish written procedures for the operation of the investment program consistent with these investment guidelines.  Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates, and other relevant information and regulate the activities of subordinate employees.

IV.  PRUDENCE

    All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Town of Glenville to govern effectively.  Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived.
    All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.


V.  DIVERSIFICATION

    It is the policy of the Town of Glenville to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling.


VI.  INTERNAL CONTROLS

    It is the policy of the Town of Glenville for all moneys collected by any officer or employee of the government to transfer those funds to the Supervisor within three (3) days of deposit, or within the time period specified in law, whichever is shorter.
    The Supervisor is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management’s authorization and recorded properly, and are managed in compliance with applicable laws and regulations.

VII.  DESIGNATION OF DEPOSITARIES

    The banks and trust companies authorized for the deposit of moneys up to the maximum amounts are:


Depositary Name                         Maximum Amount                  Officer

First National Bank of Scotia
First Niagara Bank
Bank of America
Chase Bank
J. P. Morgan
Citizens Bank
Key Bank

VIII.  COLLATERALIZING OF DEPOSITS

    In accordance with the provisions of General Municipal Law § 10, all deposits of the Town of Glenville, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured:

        1.  By a pledge of “eligible securities” with an aggregate “market value” as provided by GML § 10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy.

        2.  By an eligible “irrevocable letter of credit” issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any.  A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements.

        3.  By an eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations.

IX.  SAFEKEEPING AND COLLATERALIZATION

   Eligible securities used for collateralizing deposits shall be held by a third party bank or trust company subject to security and custodial agreements.
    The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default.  It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities.  In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town of Glenville or its custodial bank.
    The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities.  The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities.  The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility.  Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

X.  PERMITTED INVESTMENTS

    As authorized by General Municipal Law § 11, the Town of Glenville authorizes the Supervisor to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments:

        Special time deposit accounts.

        Certificates of deposit.

        Obligations of the United States of America;

        Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America.

        Obligations of the State of New York.

        Obligations issued pursuant to LFL § 24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the Town of Glenville.

        Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation       authorizes such investments.
        Certificates of Participation (COPs) issued pursuant to GML § 109-b.

        Obligations of this local government, but only with any moneys in a reserve fund established pursuant to GML §§ 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m, or 6-n.

    All investment obligations shall be payable or redeemable at the option of the Town of Glenville within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of Glenville within two years of the date of purchase.

XI.  AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

    The Town of Glenville shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer.  All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Glenville.  Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers.  The Supervisor is responsible for evaluating the financial position and maintaining a listing of proposed depositaries, trading partners and custodians.  Such listing shall be evaluated at least annually.

XII.  PURCHASE OF INVESTMENTS

    The Supervisor is authorized to contract for the purchase of investments:

        l.  Directly, including through a repurchase agreement, from an authorized trading partner.

        2.  By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board.

        3.  By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by the governing board.

    All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company.  Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment.  All such transactions shall be confirmed in writing to the Town of Glenville by the bank or trust company.  Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law § 10.
     The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities.  The agreement shall describe how the custodian shall confirm the receipt and release of the securities.  Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

XIII.  REPURCHASE AGREEMENTS

    Repurchase agreements are authorized subject to the following restrictions:

        All repurchase agreements must be entered into subject to a Master      Repurchase Agreement.

        Trading partners are limited to banks or trust companies authorized to do       business in New York State and primary reporting dealers.

        Obligations shall be limited to obligations of the United States of America     and obligations guaranteed by agencies of the United States of America.

        No substitution of securities will be allowed.

        The custodian shall be a party other than the trading partner.


APPENDIX A

Schedule of Eligible Securities

        (i)  Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States government sponsored corporation.

        (ii)  Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the InterAmerican Development Bank, the Asian Development Bank, and the African Development Bank.

        (iii)  Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty.

        (iv)  Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys.

        (v)  Obligations issued by states (other than the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

        (vi)  Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

        (vii)  Obligations of counties, cities and other governmental entities of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

        (viii)  Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization.

        (ix)  Commercial paper and bankers’ acceptances issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of not longer than 60 days from the date they are pledged.

        (x)  Zero coupon obligations of the United States government marketed as “Treasury strips.”

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

Motion Carried

RESOLUTION NO. 171-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the regular meeting held on September 17, 2008 be and they hereby are approved and accepted as entered.

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

Motion Carried

RESOLUTION NO. 172-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                BE IT RESOLVED that the Monthly Departmental Reports for September, 2008 as received from the following:

                Assessor Department
                Building Department
                Dog Control
                Human Services – August & September
                Justice Department
                Planning Department
                Receiver of Taxes
                Section 8 Housing Payments
                Town Clerk's Office
                Water Department

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

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

Motion Carried

New Business

                Councilman Rosenberg – “Are we scheduled for another work session before the next town board meeting?”

                Supervisor Quinn – “No, but I think we probably want to have one on the budget.  Let’s schedule one for the 22nd of October at 7:30 pm.”

                Motion to adjourn was moved by Councilman Koetzle; Seconded by Councilman Rosenberg.

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






ATTEST:




______________________________
Linda C. Neals
Town Clerk