Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 12 17 2008
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
DECEMBER 17, 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; 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

                Councilwoman DiGiandomenico – “The Town of Glenville will have openings on the Glenville Conservation Commission, the Planning and Zoning Commission and the Zoning Board of Appeals for 2009.  If you are interested you’re invited to apply for these volunteer positions.  Information is found on our website or call Jamie MacFarland at 688-1221.

                As soon as down electrical lines are repaired and the roads are cleared the Town of Glenville Highway Department will begin debris clearance and removal operations.

                The December 12th storm has brought down many trees and branches in Glenville.  After consultation with DEC and with the present oak tree disease in the Glen Oaks area please note; no oak tree branches etc. should be removed from the greater Glen Oaks area; do not place oak branches and tree limbs curbside if possible, leave them where they lay DEC will address this material at a later date; the Town will only remove limbs and branches that are clearly evergreens from the curb; if you are unsure of the type of tree or branch do not remove from the neighborhood; please inform tree service contractors that no oak tree material is to be removed from the neighborhood.  If you need more information please call DEC at 357-2155.

                The 2009 tax bills will soon be on the web site.  The Glenville Town Offices have announced that tax payers will soon be able to access their town and county tax bills on the web page.  In addition to being able to obtain the printable copy of the ’09 bill, previous town and county tax and school bills which were made payable to Glenville Receiver of Taxes will also be available for your use and information.

                If you want to receive the Glenville news automatically – log onto our website www.townofglenville.org go to the bottom of the page and click on “receive news and events in your e-mails” and they will automatically be sent to you.”

                Councilman Quinn – “The Public Safety Committee met last week and one item that dominated our discussion was the console and the status of that project.  Although we know the public may not know that because one of the tower heights, the antenna specifically extended beyond a certain height.  It had to undergo the SEQRA process so that component of the project will take a little longer but the good news is later on tonight’s agenda you will see where we are voting to approve the rest of the project so at least we can get that segment of the project going.  Based on what I have seen in the resolution already it was very well constructed and those of us who have been following this do appreciate the follow up on that.  We know it is going to take a little longer but we certainly understand the legal ramifications and why the first one had to be nullified.”

                Supervisor Quinn – “Item number 5 on the agenda is a public hearing to consider a contract for the fire protection services for 2009 to be furnished to the fire protection district established in the Town of Glenville and know as “Fire Protection District No. 4”.

                Supervisor Quinn opened the public hearing at 7:41 PM.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:42 PM.

                Supervisor Quinn – “Item number 6 on the agenda is a public hearing to hear all persons interested in a proposed local law to amend Chapter 270, “Zoning”, of the Code of the Town of Glenville, adding “Transfer of Non-Conforming Use”.

                Supervisor Quinn opened the public hearing at 7:43 PM

                Steve Downey – “I have been a town resident for over 36 years.  I am here on behalf of Rick Dicresce.  In November I sent a letter to each of you and it was also published in the Gazette and it kind of outlined my ideas or thoughts on his particular situation.

                Briefly he is a displaced person.  He was in a unique and an extraordinary situation.  What we need here today is a unique and extraordinary solution to his problem; not only his problem but those of other small businesses who might find themselves in the same situation.

                Mr. Koetzle has put forth this resolution and what I am going to ask you tonight is, this has taken way to long to accomplish in my mind, this poor guy is out of work for four months let’s get him back to work, let’s pass this resolution and get him and his business back in the revenue flow.”

                Mike Carr, Planning and Zoning Commission – “First of all I would like to apologize for not being able to attend the work session the other night; my business takes me out of town quite often.

                I have been going around and around with this.  My initial gut reaction to this; the applicant to this is unfortunately a casualty of a real estate transaction.  These types of transactions occur daily in the free market.  The transactions that result in economic difficulty for small business they should not become the direct responsibility of a public entity.

                That being said; I personally fully support small businesses and encourage the Town of Glenville to vigorously assist these enterprises with any and all of its resources.  They are the life blood of our economy.  However the assistance in nurturing these businesses must be completed within the confines of the existing zoning laws and regulations that’s why we have them.  The Planning and Zoning Commission was asked to expedite the review of the proposed zoning amendments because the Town Board’s compressed time frame for consideration of option #1 the Transfer of Non-Conforming Use.  With the Town Board scheduling a public hearing and a vote for tonight the three options were quickly placed onto our agenda for December.  We were handcuffed in the following ways; we didn’t have an environmental assessment form to review for a couple of the options; the Planning and Zoning Commission did not have the benefit at the time of the Schenectady County Planning Department’s review of the three options and at the time the Planning staff, who we deal with pretty regularly, wasn’t entirely clear on some of the particulars of these options.  The Planning and Zoning Commission is not particularly enamored with the re-working of the airport zoning district but it was the least destructive of the three options in terms of conflict with the Freemans Bridge Road Master Plan.  Had we been given more time to look at this, contemplate the three proposals perhaps we could have re-worked one or more of the proposals or developed one of our own that would have been more consistent with the Town’s vision for the Freemans Bridge corridor.

                So in general the Planning and Zoning Commission was required to follow the Town of Glenville Master Plan and the associated zoning ordinances.  The Town Board supported the Planning and Zoning Commission by approving these plans and ordinances.  The proposed change in the zoning ordinance should be carefully studied with respect to the existing plans and ordinances, as such the Planning and Zoning Commission strongly recommends that the proposed legislation is studied with respect to worse case scenarios and how it is going to affect long term development in the town; you can’t just do it quickly.  Take a look at worse case scenarios, businesses could potentially relocate to other areas within the town or within the Freemans Bridge Road Corridor prior to any approval of the proposed legislation.  If the change is deemed beneficial the Town of Glenville Master Plan and the Freemans Bridge Road Master Plan should be reviewed by the Planning and Zoning Commission, modified accordingly and formerly approved by the Town Board after the opportunity for review and comment by the public.  Site plan must be an integral part of this process, not only on what is going to happen when someone moves into a property but if someone chooses to move out of a property and leaves an environmental nightmare what’s going to happen at that point.  The process will ensure development that is profitable to businesses and keeping with the character of Glenville and compliant with all aspects of the zoning ordinances.  This process will also avoid the risks of unforeseen and unintended consequences of approving a change in zoning ordinances absent of sufficient study and public participation.

                I want to see small business thrive in Glenville but we have zoning ordinances in place for a reason and we need to follow them.”

                Dan Carlton, Salisbury Chevrolet – “I find it interesting to follow after the gentleman that just spoke, I was at the Planning Board meeting discussing the resolution like I have been to every other meeting for the past five months.  I find it rather interesting that the Planning Board can make a decision based on resolutions which they did not fully have an understanding of what they represent.  I found it interesting in the meeting that I waited for four hours for every other topic to be discussed and the minute the resolutions were put on the table to be discussed not only Rick’s situation but the other resolutions that Ms. DiGiandomenico and the others had put up on the agenda that miraculously no one was allowed to speak.  In all do respect, Mr. Rosenberg, you made some statements after my speaking at the last board meeting and to be frank I have had a week to digest them.  I take offense to the personal attacks that have been made not only on Mr. Dicresce’s’ integrity but on my integrity.  I am sick of hearing comments that I have a financial gain in this situation.  The building has already been paid for.  I stood up for Rick Dicresce whether he was somebody I knew because right now if you haven’t watched the television the auto industry has taken many blows in recent months.  The Town of Glenville may not have a problem with having to worry about car dealers in the Town because two of your largest dealers right now if the bail-out does not happen you may not have to worry about us as well.

                The Planning Board has made statements that they are supportive of local business, I have been coming to meetings the last five months and everybody says they are supportive of local businesses; that they wished they had more time to reach an educated decision for the best interest of the town and the community.  Is not five months long enough?  I am sorry the Planning Board did not have information quickly but the reason why the Planning Board did not have enough information to look at logically to be frank is I believe the Town Board dragged its feet.  I was at the last meeting, the Town work shop, Mr. Quinn and you made statements about Mr. Dicresce of new found information.  Statements have been made recently as early as this week stating that he has had a history of having a problem with the town.  Let’s set the facts straight; he was sited for a twenty-five dollar fine for having a vehicle in front of his lot which was not “legal”.  The vehicle was removed on the same day but yet there was a picture and a tone set by you Mr. Quinn that Mr. Dicresce again was a lawless person in our community.  I was on 81WGY today and many people called in totally boggled by that the town has taken this stance.  I’m involved Mr. Rosenberg, I’m involved Mr. Quinn because it’s getting personal and I come here every week because I have a problem with bullies.  I have a problem when someone is in a position of authority and they do things that hold people down and that’s what you have done, that is what you have done to him.  All of these resolutions, all three of them have merit, well there are actually four on the table but I only think three have merit, one of the resolutions that Ms. DiGiandomenico put up was to allow car dealers to be in the town.  I do believe there is a problem with the current zoning and all do respect to the gentleman that just spoke I am all for having rules and regulations but the world that we live in today and the economy that we live in today is not what it was even two years ago.  Mr. Koetzle has a resolution on the table that to be quite frank is the easiest solution to not only solving this problem but the solution to protect the town yet it’s the biggest one that I have seen people that have problems with.  Mr. Rosenberg you are the liaison to the Planning Board I was shocked at the meeting when the resolutions were brought up that you didn’t bring clarity to all three, I was shocked that somebody from the town board would not give input to fully, they didn’t even have an understanding of what it was, they couldn’t even read it, somehow it didn’t come out right.  I would have thought somebody and you are the liaison and I made comments about that that I feel that that’s a problem but I fee that you had the opportunity to explain all three resolutions clearly and I don’t truly feel that Mr. Koetzles’ resolution is clear, let’s be clear.  This does not affect businesses now coming into our community.  Certain members of this town board have been very crystal clear on what their belief is in auto dealers being in the Town of Glenville.  Again I will say I stand here offended by that statement.  I get up in the morning, I work, I go home, I shop the same places you do, I go to church the same places you do, I put my pants on the same way you do, just because we sell cars does not make us any different than anyone else.  Statements were made this week about the way our buildings look.  Mr. Lee just spent 3 million dollars to build a new building.  Anybody that drives up Route 50 that sees the businesses the majority of the car dealers in this area, I believe, have good looking facilities that are attractive and that bring some strength to not only the town but to the people that live here.  I could stand here for twelve hours; I am not going to because I’ve done it at a lot of town board meetings.  If the town believes that they care for their businesses, the slaps in the face that I personally have taken in recent months as a business that…I run a business in the Town of Glenville, I’ve even been questioned to where I live, I live in Charlton but I run a business in Glenville.  You got a business…there has to be something for being a community member in this town for sixteen years and the only thing that he has got on his rap sheet is a fine for having an unlicensed vehicle that’s for sale on his lot.  There are certain people that I know that are going to vote a certain way on these resolutions its clear.  I am hoping that somebody that’s out there that has a vote will understand that this situation is very deep and to stand behind what the laws are and not have any empathy and that’s the word and with all do respect Mr. Quinn you spoke before with the Pledge of Allegiance and every thing that you talked about was bonding the community, working together, protecting each other.  I will be real honest I haven’t seen that.  We have been…

                Supervisor Quinn – “Dan would you please address the resolution itself…

                Mr. Carlton – “If I have five months of tossing and turning I am going to get ten minutes to speak my mind…

                Supervisor Quinn – “Only if we grant that so don’t abuse it will you please.”

                Mr. Carlton – “Mr. Quinn, the only one abusing here is yourself, I am done.  Like I said I only hope the people on the board look at this resolution which is the easiest one and is it different and does not everyone agree but the truth of the matter is when I leave here tonight whether certain individuals like me or not the people in the town have called me, I have had no one on the street come up to me and say you’re a bad person for sticking up for somebody that’s been in our community for sixteen years.  I will side with those people and they are the people that voted you in, they are the people that you represent and I would sure hope that you listen to their voices.”

                Alan Boulant – “I am here on behalf of the Glenville Professional Business Association; I am the President of the association.

                I kind of had something on my mind that I was going to say until Mr. Carr got up and spoke; who I have never met before.  I will say one thing that I don’t believe in going back to horse and buggy I think cell phones are a good idea and the burger mister thing I would kind of like that.  As you can see if you read the paper work that I gave you the last two days I have set my business aside and I didn’t really go out on Mr. Dicresce’s behalf I went out on my own behalf I wanted to find out what the business owners on Freemans Bridge Road felt about the administration, Mr. Dicresce’s situation and their own situation and it was extremely enlightening.  I recommend highly that you board members do the same thing that I did because I think you would be shocked.  When I left a few businesses I had a pit in my stomach of how they portray the government of Glenville and it is very frustrating to me that I was elected the president of an organization to promote business and bring business into this area and we are the laughing stock of the Capital District right now.  If you look at the paper work that you have in front of you, you can see that the business owners that are on there are pretty much the who’s who of Freemans Bridge Road and when I presented this to them I did not just ask them to sign this piece of paper, take two minutes of their time, the minimum time that I spent at each place was at least fifteen minutes two places I spent more than forty-five minutes and I will tell you that I do not know the law, I am not a lawyer but I am a common sense person, I am a local business person, I’m passionate, I think you can see based on my efforts with Mr. Dicresce I am not going to go away and I would do the same thing for Mr. Rosenberg, Ms. DiGiandomenico, Frank Quinn, Mr. Koetzle and Mr. Quinn if you had something that you needed help with and I found it to be a good cause I would help you.  The resolutions that are in front of you, the one moving the airport line yes it would help Mr. Dicresce but it would limit the value of his property down the road and it would limit what that property could be used for.  Changing the zoning to used cars throughout the whole town from what I am being told is not a popular thing; I have not interviewed other businesses to know that.  The ones I talked to on Freemans Bridge Road really had no problem with it.  The one that they took the most interest in was Mr. Koetzle’s and the reason being was some of the businesses on Freemans Bridge Road are non-conforming businesses and they could fall under the same category as Mr. Dicresce so they did take that to heart and that was the one they asked me a lot of questions that I couldn’t answer that I wished I could get them here but I will be totally honest with you a lot of the businesses owners in Glenville are afraid, they are intimidated, they don’t want to come up and say anything because they might need something and they feel that they would be viewed negatively and I don’t think that’s proper to have our local business people feel that way.  Me personally I don’t feel that way.  I really feel that if you look at the paper work and the effort that I put into it, I spent over six hours the last two days talking to every business owner and they all unanimously feel the same way that they have no problem with Mr. Koetzle’s resolution and that it could be used to help them down the road.  Mr. Carr I understand where he is coming form, he has a job to do but he is not the voice of the businesses that are on Freemans Bridge Road and I am not taking anything away from his job because I do not have any idea of what he does but I will say to you that the community is behind this resolution and I thing that it would be in everybody’s interest to pass this if we could and move forward so we can all do our job and that is to promote growth, small business in our community that will solve a lot of problems for us.”

                No one else wished to speak; Supervisor Quinn closed the public hearing at 8:02 PM

                Supervisor Quinn – “Item number 7 is a public hearing to hear all persons interested in a proposed local law to amend Chapter 270, Zoning, of the Code of the T own of Glenville – 1) Definitions and 2) GB – General Business District.

                Supervisor Quinn opened the public hearing at 8:03 PM

                No one wished to speak; Supervisor Quinn closed the public hearing at 8:04 PM

                Supervisor Quinn – “Item number 8 is a public hearing to hear all persons interested in a proposed local law to amend Chapter 270 Zoning of the Code of the Town of Glenville – 1) Definitions and 2) AZ Airport Zoning District.”

                Supervisor Quinn opened the public hearing at 8:05 PM

                Patricia La Cross-Walker – “I live at 106 Skyway Drive and the property adjacent to it we were told that it would be for ever wild, the airport would not be able to develop it.  Somehow it became for sale and Walt Socha bought it, nine acres, developed it and put up a strip mall, put up 133 Saratoga Road.  When we bought that house it said that it would never be developed.  It was considered wet land.  Since then Walt has progressively filled in that property slowly but surely on his free retirement time I see him drive that bulldozer because I live at the end of that cul-de-sac everyday.  When they built 123 Saratoga Road which was fine, it was an office and an insurance building and a dental building great.  Since then they have put up a poll barn behind it, which was supposed to be a storage building.  Everyday there are two businesses running out of there, Suburban Landscape and Gary’s Garage Door overhead door removal, behind that is a large roll off dumpster that I have to look at every day.  Everyday at 6:30 am Suburban Landscape is there, loading up his equipment, not just storing equipment but running a business out of there.”

                Supervisor Quinn – “Please tell me how this relates to this particular thing that we are having a public hearing on?”

                Ms. LaCross-Walker – “Are you saying that if Mr. Dicresce uses that building as storage but he doesn’t put up a sign it will be okay for him to do business there?”

                Supervisor Quinn – “No”

                Ms. LaCross-Walker – “How come it is okay for Suburban Landscaping?”

Ms. LaCross-Walker comments did not pertain to the subject of the public hearing.

                Robert Vincent Gardner – “I have been listening to everybody here tonight.  It doesn’t seem that the board has a grasp of what is going on in Glenville.  I have lived in Glenville most of my life.

                I would like to tell you that Rick is a very comparable and a very important person, important small business person to this community.  It’s been five months that he has been out of work, we have heard all of this and all of that, the problem that I see is that some people are too stubborn to realize that we need business around here.  Route 50, Freemans Bridge Road and Route 5 are the character of Scotia-Glenville.  Mr. Dicresce is going to add to this area with a thriving business why would you want to take that, why would you want to chip away at the businesses in this area.  Let him stay there; let him sell the cars you will see.  I have been driving cars from Mr. Dicresce since I have been driving.

                Yes airport zoning should be allowed there, use it as a used car lot.”

                Doug Rock – “We are here in support of Rick Dicresce also as part of a merit badge for my son’s, citizenship.  I grew up on Freemans Bridge Road, I have known Rick Dicresce my whole life, and my family has known him.  I have bought several cars off of him.

                We would like to do business with Mr. Dicresce, we live in Malta but we would like to do business with Mr. Dicresce because he is quality and he is different.  He is a great asset and we believe the zoning should be amended for him.”

                David Hennel – “It’s more a question about the airport zoning it’s not necessarily about this use and what they are doing.  The question is if you expand the airport zone to include that property, understanding that there are some undesirable adult book store that then could set up shop on that property in the future if expanding that would provide for that type of business to be on the lot I am completely opposed to expanding the airport zone, so I guess that is a question is that a negative thing that could happen if this one resolution is passed?”

                Supervisor Quinn – “No, not as it is written at this time.  What you bring up as it is now but it has to go through a whole process yet to spell out what is or isn’t involved in this airport zone change.”

                Tim Tietz – “I think that people are getting off track.  My question to you is how much property we are looking at.  Are we looking at just the property that is adjoining the airport property or how far is that going to expand out past the airport?  The situation with Rick I understand that the resolutions that we are looking at the resolution that I think the most of us here are in favor of is your resolution.  That is the easiest and quickest way to get Rick back in business.  The airport rezoning issue is that just entail the property that is directly adjacent to the airport property or will that expand farther out onto Freemans Bridge Road or the other way onto Glenridge Road.  What are we looking at for a picture on this resolution for the airport rezoning?”

                Eric Dickson, Town Attorney – “This proposal is to add Mr. Dicresce’s property only to the airport zone, which will provide for used car uses in the airport zone.”

                Mr. Tietz – “So this is just specific to Mr. Dicresce’s situation.  Once this happens with Mr. Dicresce and you open that up to Mr. Dicresce’s business or that property adjoining the airport is there going to be anybody else that’s going to be able down the road be able to…now you have a past practice or a follow suit with this where they can do that if they want…somebody has property on the backside of the airport or somewhere adjacent to the airport?”

                Mr. Dickson – “Any citizen can petition the Town Board for a zone change but this proposal is just for the benefit of Mr. Dicresce’s property.

                The used car use would be a permitted use for the entire zone.  This proposal though in terms of zone change is specific to Mr. Dicresce’s property.”

                Mr. Tietz – “What I am doing here is I am in support of the resolution that this Councilman had proposed and the reason why I think that would be the best one for the Council to look at because it is going to be the quickest.  The resolution for the airport zoning is what I feel personally has to be done to get Rick up and in business and you don’t want to go with this proposal then I would be for that.

                The bottom line here is that Rick has been out of business for five months, something has got to be done.  You have got to get your heads together and there has got to be something passed tonight so Rick can get up and running.  All he wants to do is sell cars.  This is a small business that is contributed to your tax base and you really need to get Rick up and running here with whatever resolution you decide on.”

                No one else wished to speak; Supervisor Quinn closed the public hearing at 8:35 PM.

Privilege of the floor:

                The following people exercised the Privilege of the Floor:

                Dan Carlton – Mr. Carlton criticized the way the people who spoke this evening were treated.  He stated that they were not treated with respect.  He asked if the Town has someone to monitor and regulate businesses.  Again he mentioned that someone visited Rick so he knows there is a person out there.  He stated that zoning is there for a reason but you also have to regulate it.  Mr. Carlton continued to state his support for the resolution that is on the agenda for tonight’s vote.

                Patricia LaCross-Walker – Ms. LaCross-Walker stated that she has never heard any state that they were opposed to Mr. Dicresce’s situation.

                William Dunley – He commented on the fact that after Walmart came in the town placed a moratorium on Freemans Bridge Road.  He asked why small businesses aren’t allowed to progress in the Town of Glenville.  He accused the board of back-door politics.

                Bill Cremo – He stated that he is a third generation Glenville resident.  He talked about Mr. Dicresce’s contributions to the community.  He would just like to see the board do something to get Rick up and running.

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

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                On December 16th – I attended a meeting at the Glenville Hills Fire Department along with Tony Germano and our Police Chief Mike Ranalli.  We discussed locating the proposed tower and the materials that will support it.  We discussed what we thought would be the best fit for this whole police communication which will eventually include the emergency medical and fire.  We will send them a letter on specifics of what we want and at the same time respond to their concerns.

                On December 17th – The Schenectady Glenville Economic Development Council meets.  We will be reviewing economic zone developments and funding for various organizations that are seeking some of the benefits of that zone.

                The November financials have been distributed, please review them.  These figures are important to our year-end meeting which will be held on December 29, 2008.

                The next meeting will be the Annual Organizational Meeting, which will be held on January 7, 2009.

                I think I need to take the opportunity to review for the record some of the facts and figures about what is before us tonight on these three resolutions and proposals about them.

                We have, as we know Mr. Dicresce, I am just reviewing the facts for the public that is here tonight.

                In the spring of ’92 Mr. Dicresce opened his used car business on Freemans Bridge Road, the property was owned by the Piotrowski family.  At that time it was a non-conforming use in the zone so it violated the town codes.

                In ’92 the Town Building Inspector at the time verbally informed Mr. Dicresce, the business owner, that he was in violation of the town codes and laws.

                December 18th of that same year an official letter was sent from the office and it was returned as undelivered, unclaimed.  The building inspector then went personally and delivered to Mr. Dicresce a letter pointing out the violations.

                In January of ’93 another letter was sent, notice of violation, Mr. Dicresce continued to operate his business without seeking any of the non-conforming approvals from the town.  After several verbal and written warnings Mr. Dicresce continuing to do business, ignoring the notices and ignoring the warnings.  Our town code enforcement officer filed with the town court an appearance ticket to appear in court just as the town law requires.

                In May of ’93 a trial was scheduled..

                Councilwoman DiGiandomenico – “Excuse me, may I interrupt Mr. Supervisor?  Anyone who wants this information, I am sure they can go to the police department etc.  I don’t think we need to go through a step by step characterization of Mr. Dicresce.  I don’t see where this has any bearing on the subject as it is right now.  I am sorry that I have to interrupt you but I feel strongly about this.  I do not endorse this characterization of Mr. Dicresce.”

                Supervisor Quinn – “In May of ’93 the trial was scheduled.  Mr. Dicresce and his attorney went to court.  The finding, the court docket and the court record are right here.  After all was said and done Mr. Dicresce pleaded guilty and the court issued the findings…

                Councilman Koetzle – “Mr. Supervisor I would like to interrupt.  I agree with Councilwoman DiGiandomenico.  I think this is an inappropriate report.  We don’t attack residents I believe as elected officials in our report to the town board.  The town board had plenty of opportunity to get this information and this information has not been offered to the town board prior to this meeting and I think it’s out of good taste to continue to attack a resident of the Town of Glenville.”

                Supervisor Quinn – “The public hearing was held in the summer of ’93 to consider the applicant in this case Mr. Dicresce to operate a business.  He was given a conditional use permit, which is fine.  He applied and he was given it.  The conditional use permit was granted as in all other respects must conform to the applicable rules, regulations, and ordinances of the town and be consistent with the Comprehensive and Development Plan of the town.

                So given the actions and the outcomes of the town court and it’s findings and hearings, given the outcome of the public hearing to include the Conditional Use Permit and the specific conditions of it a reasonable person or maybe only me must conclude that he knew the terms and conditions of the laws, regulations, requirements, standard operating procedures that apply to the operation of used car businesses on Freemans Bridge Road, that was ’92 & ’93.

                Just for the record some of the other steps because many people have come to me and asked what the real facts were.  We hear different things; we need to know the facts.  I am trying to explain some of those.

                We know that in the beginning of 1998 Enterprise received approval from the town to establish a car rental business on the property that is owned by Salisbury and is currently owned by Mr. Dicresce.  It is explicitly stated in the meeting minutes of that that Enterprise would not sell used cars on the property.

                In 2001 after many public hearings considerable public discussion the town rewrites the Freemans Bridge codes.  They were voted into law for the benefit of all the citizens and all of the businesses.  The new zoning ruled out or precluded used cars, self storage operations and mining on Freemans Bridge Road.  The zoning is clear, the Town Board approved zoning applies to a property not to a particular owner, no new businesses related to those three things.  The procedure is in fact still in place.  If any business wants an exception to that, they apply for a non-conforming use permit as we know.  Now a whole series of events have taken place since then.  We know that the property was purchased and it doesn’t allow used car sales as we said in the zoning.  There was a sale of the property that Mr. Dicresce rented from the Piotrowski’s which displaced him for whatever the terms and conditions of their negotiations were and it had nothing to do with the Town of Glenville.  The Lowe’s process and the approval of the process went on for two years.  The Planning staff worked with Mr. Dicresce prior from him departing the Piotrowski’s property to help him find alternate solutions and alternate locations.  If it was purchased he was told flat out he would not have grounds and it was pointed out in writing the use variance for self created hardship it doesn’t apply.  On two other occasions Mr. Dicresce took out the applications for a variance, he didn’t follow up, he didn’t apply them.  All through this project that was the basic line.

                So tonight we have before us some resolutions.  We have one to be voted on and the other two to see if we want to proceed and adopt those.  What you heard me in the past say is there’s no rush to do anything here.  We have a case that is currently in the court, a repeat of prior exactly the same kinds of behavior where a particular business man opened a business and knew what the code was; new what the violations were and choose to do that.  I am not disparaging is personality or anything else it’s just the facts of the situation.  So by taking this perfectly heated discussion that relates to three direct resolutions here tonight, what I am saying is if we let this thing go its course it demonstrates that the town has some integrity by supporting existing zoning ordinances and our Master Plan.  It discourages future attempts to ignore by any other business town local laws or review procedures.

                The Town did not displace Mr. Dicresce, Mr. Dicresce was provided with options to relocate.  He knows and was given locations throughout the town where he could have relocated; he chose to go where the site is right now.  The town court ruled in the past, he was there, he was represented and he got the findings so in fairness to everyone, current and future, let the courts decide the matter and if necessary and with do public discussion and discourse we can decide if the zoning needs to be changed.  That is fair for everybody.

                All of us in this Town Board took an oath to uphold the laws of our Town to adhere to and all of us abide by that oath.  I firmly believe and it’s me and I am acting accordingly to uphold our laws by seeing to it that this gets its day in court and not by changing laws to accommodate someone who has broken the laws in the past and is currently breaking the laws.  Let’s let a neutral court decide the issue in this case before the action is taken on the resolution.  There is space available in the town for this man to open his business.  It’s a difficult issue, laws have been broken.  There are lots of ideas, lots of feelings.  We have all seen and heard them.  It’s the perfect issue for a neutral court decision.  There’s no need to rush and it’s fair to all concerned.

                Those are my thoughts on the case and before we voted I just wanted to set straight for the record some of the actual facts.”


RESOLUTION NO. 190-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville is proposing an amendment to the Town of Glenville Zoning Ordinance (Nonconforming Uses and Structures); and

                WHEREAS, this zoning amendment constitutes an “Unlisted Action” in accordance with 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}); and  

                WHEREAS, the Glenville Town Board has assumed SEQRA Lead Agency in this instance; and   

                WHEREAS, both the Glenville Environmental Conservation Commission and the Planning & Zoning Commission recommended that the Town Board find no significant adverse environmental impacts associated with this proposed zoning amendment, and further recommended that the Board issue a SEQRA “Negative Declaration;”

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that the proposed amendment to the Town of Glenville Zoning Ordinance regarding the Transfer of Nonconforming Uses, will not result in a significant adverse environmental impact; and  

                BE IT FURTHER RESOLVED, that the Glenville Town Board hereby issues a SEQRA “Negative Declaration” (attached) for this application, based on the following findings:

·       This zoning amendment will not result in any physical alteration to the environment.  Any subsequent development or alteration of land as a result of this zoning text amendment will be subject to individual SEQRA review as well as site plan review.  
·       This action will not create a material conflict with the Town of Glenville Comprehensive Plan or Zoning Ordinance.  
·       This zoning text amendment will not in and of itself trigger new development.  Consequently, this action will not adversely impact air quality, ground water, surface water, or any other natural resource.
·       This action will not impair any important historical, archeological, architectural, or aesthetic resources.

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

Motion Carried

Discussion…

                Councilman Koetzle – “As the sponsor of this resolution I just want to take a moment to explain what it is because there seems to be a lot of confusion still about it.

                There’s no doubt that there is one person that has been impacted by this, Mr. Dicresce you seem like a great person and I really want to help you but our responsibility is to the town, it isn’t to one person and so we focused a lot of our time and effort on this one person and what this one person is about and what this one person has done.  That is really not what our focus should be.  A lot of legislation starts because one person has a problem and they write their legislature and their legislature looks at that and says, “You know what if that person has a problem someone else may have a problem too so let’s do a bill to take care of that problem”.  Tonight we have an opportunity to pass a resolution that not only helps Mr. Dicresce but helps anyone else in his like situation at anytime in the future.  This is the only resolution that we have before us that is comprehensive in nature that deals with the problem and not just the symptom of the problem but deals with the actual problem.  We all know, we have all talked about it for six weeks it allows for non-conforming small businesses to move to another vacant lot or another non-conforming lot within the same area by allowing the town to transfer the non-conforming rights from one to another.

                There has been some debate, there has been some confusion about that, there has been some concern about that but really it is based on a concept that is not all that new and not all that unique.  It is based on the transfer of development rights which for people who don’t know about those widely used practice in many municipalities where one person is allowed to transfer the development rights from their property to another person somewhere else in the town.  This proposal is even less far flung than that proposal because this allows the town to transfer the non-conforming rights from one lot to another within the same zoning district.  Really when you look at it this really has already been upheld by the courts so there really shouldn’t be an issue of legality.  This proposal helps the town move forward in its master plan ideas because it really consolidates two non-conforming lots into one, it helps conforming businesses come in because it removes a barrier for them when they are coming in because they don’t have to worry about displacing a small business or fighting a court battle to displace them.

                I really urge that we look at this tonight not through the lens of one person or one persons experience but through the lens of how do we help the town, how do we help the residents, how do we do what is best for small business and best for the entire town.  I want to remind the board that a while ago we looked at an issue with zoning, it had to do with a woman that wanted to keep a horse on her lot through a zoning change and the board agreed at that time that it would be best that we even allow all similar lots to have horses or none at all.  We didn’t see the wisdom at that time in helping just one resident, we felt that it was bad public policy to do for one what we wouldn’t do for all in that same situation.  We were right that night and it is still right tonight.  We must help Mr. Dicresce there is no question about it but we must do it through the precedent of helping all small businesses in the same situation.  That is to say that we have the responsibility to be more creative, more proactive and our decisions must help the entire town.  That is our duty and that is what this resolution achieves.  I fully understand that new ideas are scary and this is a new idea but people fear what they don’t know but leaders rise above fear, they learn the facts and they do what’s best for the community and I think we have an opportunity to do that tonight.”

                Councilman Rosenberg – “I had it understood from previous conversations that this was only going to be Freemans Bridge Road.  Is that...I don’t see that in the resolution unless I am just not seeing it.”

                Councilman Koetzle – “No in the original proposal that was the original proposal it was changed at some point without my knowledge.  I think if you recall we decided at the last board meeting we talked about it with the town administrator and councilor, we thought it would be best if we amend it after its passed at the next board meeting to limit it to Freemans Bridge Road as it was originally proposed.  Right now it covers the entire town but there is an agreement that if it passes tonight there will be an amendment brought forth at the next board meeting that would prevent that from happening.”

                Councilman Rosenberg – “I want to thank Mr. Carlton for pointing out that in fact as a liaison, I said to the audience I did not participate in the meeting which I have done for three years because it is not my job.  I am not supposed to intervene in the meeting unless I am asked by the staff that is why there is no conflict of interest because I don’t participate.”

                Supervisor Quinn – “We are voting on a resolution that we have in front of us here that implies to the entire town’s business district so it is applicable to all.  So this as stated is legal enough.”

                Mr. Dickson – “It implies to the entire general business district.  Councilman Koetzle has annunciated his intention at some later date to possible amend it which will be discussed at a later date.  As it stands now it is the entire business district.”

                Supervisor Quinn- “A couple of comments that I would have on this particular resolution; I have serious reservations about the legality of the resolution while it was stated that it has been upheld in the court I think what’s been up held is related but certainly not identical.  No other town in NYS has adopted this.  Certainly the issue isn’t that new but no one else has adopted it.

                To me it appears that if we adopt this we will be defeating the actual purpose and intent of the existing overall Planning and Zoning and Master Plan that are here to protect all businesses, all people, all citizens both now and in the future.  My interpretation of this is it appears to clearly reject the purpose and the intent of non-conforming properties and what’s required and why we even have that in the zoning.  It is noteworthy that the issues presented in this resolution were not issues at all until a particular case study came up around what I previously sited was some violations.

                Opinion, my thoughts and ideas which also influence my vote, this is nothing more than a bailout of a single businessman.  We don’t need this resolution tonight.  We do have the opportunity to hear from the court when the court decides something we can certainly take this up and we would have the benefit of all of the evidence being presented and what the findings of that was.

                Obviously I have a commitment to upholding the laws if this passes I will support it because if it’s voted then it’s the law.”


RESOLUTION NO. 191-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, this Local Law No. 5 of 2008 has been introduced; and

                WHEREAS, public hearing has been duly held thereon,

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville adopt Local Law No. 5 of 2008, a Local Law to amend the Code of the Town of Glenville, Chapter 270, “Zoning” as follows:

ARTICLE XVI
SITE PLAN REVIEW

Add:

Transfer of Non-conforming Use: Effective January 1, 2008, the owner of a non-conforming use that is located in a General Business District which has an adopted master plan shall be permitted a one-time relocation of said non-conforming business use within the same General Business District, provided:

a.      The property being vacated is being vacated to accommodate: (1) a planned development project which has been approved by the Town and all boards with jurisdiction over the project or a park, recreational area or preserve area  identified in the master plan for the study area, and
b.      The property to be occupied is currently being used for a similar use or was previously used for a use that would be non-conforming under the existing zoning code and has been vacant since such last use.
c.      The onetime relocation of said non-conforming business must occur within one year from the date of being vacated.
Once transferred to the new property, the use shall be governed by all other provisions of this chapter including site plan review.

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

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

Motion Carried

RESOLUTION NO. 192-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                WHEREAS this agreement is for a one (1) year period with a cost of Three Hundred Thirty-Nine Thousand dollars ($339,000.00) for the period between January 1, 2009 and December 31, 2009; and

                WHEREAS this Town Board did call for a public hearing thereon; and

                WHEREAS in lieu of the formation of a volunteer fire district for the territorial boundaries of the protection district, it is determined that it is in the best interest of the residents of said Fire Protection District No. 4 to provide such protection services,

                NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Glenville, as representatives of the Fire Protection District No. 4, that said agreement be and it hereby is approved and the signatures of the respective Town Board Members affixed thereto.

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

Motion Carried

Discussion…

                Councilman Quinn – “After the many adjustments that we have discussed in work sessions this will bring it back to the original unit cost per Alplaus resident.”

                Tony Germano – “This brings it to $725; the $180 will bring it to $904 would be the usage that would be billed when we send out a water/sewer bill.  So what you are acting on tonight would set the debt at $675 and set the operation and maintenance at $50 per unit.”

                Councilman Quinn – “Okay but their total unit cost will still be the $904 that we approximated back at the …

                Mr. Germano – “Yes”

                Supervisor Quinn – “The $904 is when we set it up…we do know it costs money to run it during the year, things could in fact break during the year, warranties do or don’t apply and so forth.  So we don’t let the residents in Alplaus think this is a fixed rate for twenty years.  This is the adjustments to make it work.  There will be increases as bills come in over time.”

                Councilwoman DiGiandomenico – “So this cost is before we factor in the grant money.”

                Councilman Quinn – “Right, it’s the short term worse case scenario.”

RESOLUTION NO. 193-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, one,  the Commissioner of Public Works of the Town of Glenville has requested that the Town Board amend the January 2009 Tax Levy billing for Alplaus Sewer District 1 and Sewer District 1 Extension 1 for the debt portion to  approximately $725 per benefit unit for an estimated 228.5 Alplaus benefit units and 18 Clifton Park benefit units, and

                WHEREAS, two, to achieve this request the Alplaus Sewer District 1 and Sewer District 1 Extension 1 debt service and operation and maintenance tax levy will be amended from $206,472 to $165,662 or by $40,810;

                WHEREAS, three, the $725 per benefit unit charge is the estimated debt and operation and maintenance tax levy identified by the engineering planning estimates that were approved by the New York State Comptroller for this sewer extension project; and

                WHEREAS, four, the Town Board wishes to comply with this request concerning the debt service amended 2009 tax levy for Sewer District 1 and Sewer District 1 Extension 1 by utilizing fund balance, reducing appropriation and adjusting revenues earned from other General Funds; and

                WHEREAS, five, the County Finance Department has been advised of the Town Boards intention to reduce this tax levy; and

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes an additional use of debt reserve fund balance from the Sewer 1 fund of $14,617 and $10,000 from the Townwide General Fund to offset a reduction in interdepartmental billing; and

                BE IT FURTHER RESOLVED, that the Glenville Town Board hereby authorizes a $14,617 and $10,000 reduction to the 2009 tax debt service levy for Sewer District 1 and sewer District 1 Extension 1 from the previously amended levy of $206,472 and the following appropriation/revenue changes for the 2009 Budget to decrease the levy by $40,810 to $165,662:

Appropriations:
40.01.8130.1000 Personal Services               decreased by $10,000 from $16,509 to $6,509
40.01.8130.1000 Equipment                       decreased by $1,500 from $3,000 to $1,500
40.01.9030.8000 Social Security         decreased by $765 from $1,408 to $ 643
40.01.8130.4000 Contractual Intedepart. decreased by $10,000 from $27,783 to $17,783
40.01.8130.4200 Utilities                       decreased by $1,000 from $5,000 to $4,000
40.01.8130.4417 Maint. & Repair                 decreased by $2,000 from $7,000 to $5,000
40.01.8130.4500 Fees for Services               decreased by $4,000 from $6,600 to $2,600
40.01.8130.4622 Conferences             decreased by $150 from $150 to $0

Revenue:
40.01.2210.0000 Other Govt. Serv        .       decreased by $3,222 from $16,497 to $13,275
01.00.2801.0000 Intergovern Charge              decreased by $10,000 from $359,536 to $349,536

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

Motion Carried

RESOLUTION NO. 194-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Rosenberg

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

                NOW, THEREFORE, BE IT RESOLVED that John Meaney, 4 Martin La., Ballston Lake, 12019, be and hereby is re-appointed to the vacant position of Recreation Attendant, effective December 20, 2008 through March 31, 2009 at the budgeted rate of $8.00 per hour, with no benefits.

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

RESOLUTION NO. 195-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                BE IT RESOLVED, that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York on December 29, 2008 at 5:00 P.M., for the purpose of conducting any year-end business to come before said board, which meeting shall be a “SPECIAL SESSION” of the Board and open to the public.

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

Motion Carried

RESOLUTION NO. 196-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

                BE IT RESOLVED, that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York on January 7, 2009 at 7:30 P.M., on said date and at such place will conduct the ANNUAL ORGANIZATIONAL MEETING of said board for the year 2009.

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

Motion Carried

Discussion…

                Councilwoman DiGiandomenico – “With the tone of the country demanding change due to the new national administration in Washington it is time for the Town of Glenville to simplify it’s bureaucratic procedures.  Specifically the liaison procedure enforced by the current Town Board is both time consuming and cumbersome in meeting the needs and concerns of the taxpayers, businesses and residents of the Town of Glenville.  I have been told on numerous occasions by disgruntled residents that I am the most accessible member of the council to whom they can voice their concern.  Since I am officially retired I consider the town board to be my one and only job and I have the time to try and resolve problems that come to my attention.

                Under the current procedure if someone calls me with a problem concerning a specific department I must; one – contact the liaison of that department; 2 – wait for the liaison to contact me; 3 – explain the problem to the liaison; 4 – wait for the liaison to contact the department head; 5 – wait for a call back from the liaison; 6- call back the resident.  I feel that this procedure can be simplified to find a timely resolution to problems by allowing any council member to directly contact a department head to explain the concern of the people who elected us to these positions and seek a solution as quickly as possible.  I therefore submit the attached resolution.”

                Councilman Rosenberg – “Is the intent then to completely get rid of the liaison system.  Is that your intent with this?”

                Councilwoman DiGiandomenico – “No, my intent is that if I am in Town Hall and I have a question for a department head that I be allowed to go directly to that department head and ask him the question and get my answer from him…

                Councilman Quinn – “This resolution says directly from department heads or employees…I understand that you believe we have that right but we also have to understand that there is a chain of command too that we need to respect and I think that if a disgruntled employee has a problem and they communicate that directly to you first we are not respecting the department head when we do that.  There is a reason for this kind of protocol procedure and I think anybody that works in that business or a municipal operation understand that there is a reason for chain of command and a reason for those rules.  What concerns me also is that each one of these employees theoretically or these department heads theoretically can be directed by five of us in a different direction constantly and that is no way to run any kind of business.  There is a reason that we have the liaison system and there is a reason we have protocol procedure and I understand your desire to help and quite frankly I credit you for that, I think you have a wonderful passion for that but I think to dispense with any kind procedure or protocol is the wrong way to go here.”

                Councilwoman DiGiandomenico – “I also as a citizen and a taxpayer feel that I have the right to ask these questions without going to a liaison who might misinterpret my question and then he has to give me his opinion of what he thinks he heard as the answer.  This is a ridiculous procedure to have in place as a town board member.  I am going to rely on your interpretation; any liaison’s interpretation.  I think you are stifling the process and it is time to bring a change to this.

                I only do this when there is a need for this, I don’t think that I have encumbered the system but I also don’t think the system works the way it is and I really feel that I think I need the public support on this vote as well.”

                Councilman Koetzle – “So this would not do away with the liaison system, it would only facilitate communications between a board member and any member of staff of the town?”

                Mr. Dickson – “It is my understanding that it says in the resolved paragraph that any procedures that are established provide for Councilwoman DiGiandomenicos' desire to speak directly with employees and department heads and so this would be, even if the current liaison system were in place this would also be  a manner of affirming what she wants to establish which is the right of each board member to talk directly to these folks.”

                Councilman Koetzle – “So really the procedure of what would be perceived of as a undermining of a department head really can be reconciled with the procedure within the liaison system and if there is a discussion between a council person and a town employee as long as we keep that department head in the loop that the discussion is occurring I think this is a very benign resolution and really doesn’t undermine in the end the relationship between the employee and the department head.”

                Councilman Quinn – “Is the assumption that we would be keeping the liaison of that department in the loop too?”

                Councilman Koetzle – “Yes”

                Councilman Quinn – “Because in the past I’ve said quite frankly even if you give me the professional courtesy of just telling me you’re going to talk to a department head or even after the fact if something came up at the Town Hall and you just very simply say this is my plan, this is what was brought to my attention, I am totally cool with that.  I think a problem exists when board members intervene or ask questions of certain employees that are in your department and than you find out about it weeks later, that is no way to run the business in my opinion.”

                Supervisor Quinn – “On the resolve part, I have no confusion or problem with board members talking to department heads whether they are liaisons or not but when you say and or employees, the staff do not work for a board member, they work for the entire board.  My concern is we certainly are not reinforcing and in my view would be undermining the chain of command especially for effectiveness and efficiency if individual board members are going around the boss to the staff and therefore I don’t know of any case where that is effective or efficient because we are holding the department head accountable for the performance of the staff.  Obviously it also allows staff members potentially to be playing off one board member against another.

                I know we are all elected and any of us can go directly to a department and it is up to the department head who’s managing whatever staff to decide whether the staff is available or not but you take your issue.  If this could be amended to drop the last two words “or employees”, than I think it makes sense.”

                Councilwoman DiGiandomenico – “If the department head is not available he is at an off site meeting etc. and it is a simple question that an employee can answer I see no problem with that.  Are we starting to micro-manage here?  Maybe we are but that was not my intent.”

                Supervisor Quinn made a motion to keep the resolution the way it is written and deleting the last two words in the resolved part – or employees

                Councilman Rosenberg brought up a good point that the entire resolution would have to be rewritten.  Supervisor Quinn withdrew his motion.

                Supervisor Quinn made a motion to table this resolution until the wording is corrected…No one seconded the motion; Supervisor withdrew his motion.

RESOLUTION NO. 197-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

                WHEREAS, the Town Board has been discussing procedures for communications with staff and department heads for the upcoming year including the current liaison system, and

                WHEREAS, each Council member has a right to communicate directly with Town staff and employees for the purpose of expediting the process of gathering information regarding Town business, and

                WHEREAS, direct communications between department heads and employees with Town Board members will facilitate each board member’s interpretation of facts and independent deliberation regarding issues.

                NOW, THEREFORE, BE IT RESOLVED that any procedures established regarding the interaction between Town Board members and staff shall provide for and affirm each Town Board member’s right to discuss official Town business directly with department heads or employees.

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

Motion Defeated

RESOLUTION NO. 198-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

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

                Assessor Department
                Building Department
                Dog Control
                Justice Department
                Planning Department
                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

RESOLUTION NO. 199-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the minutes of the regular meeting held on November 5, 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. 200-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS, the police department radio system and its infrastructure is twenty-three years old; and

                WHEREAS, the system is obsolete and can no longer be maintained or supported,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts and approves the purchase of phase one of a new radio system at a cost of 1.1 million dollars; and

                BE IT FURTHER RESOLVED that this Town Board, being lead agency for this project, hereby finds and determines that the project, as approved, is a type 2 action pursuant to Section 617.5(c) of Title VI of the New York Code of Rules and Regulations; and

                BE IT FURTHER RESOLVED that the Town Supervisor is authorized to enter into a contract not to exceed 1.1 million dollars with Capital Digitronics of 264 Bradford Street, Albany, New York 12206, for the purchase and installation of the radio system; and

                BE IT FURTHER RESOLVED that the Town Supervisor is authorized to enter into a contract for a “Clerk of the Works” with NYSTEC of 100 State Street, Suite 900, Albany NY in an amount not to exceed $79,800 to oversee the project; and

                BE IT FURTHER RESOLVED that this Town Board’s Resolution No. 151-2008 dated September 17, 2008 is hereby rescinded and superseded.

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

Motion Carried

Town Administrator’s Report:

                Tony Germano – “I just want to update you on where we are with the impact of the day the lights went out on December 11th and 12th.

                This was a significant event, the National Weather Service has reported that some areas got up to an inch of ice and a quarter inch of ice will cause downed power lines.  It disrupted a number of our vital and essential services; a number of roads were closed due to fallen debris and electrical lines.  We had flooding in several low lying areas; we had drainage areas that were clogged.  We lost power to over fifty percent of the town.  There were several shelters that were opened including our Senior Center and I thank Jamie MacFarland for moving very quickly on Friday morning to get that Center opened.  I also thank Jeff Gemmette because one of the obstacles in getting that Senior Center opened is we had to remove a very large tree that the school owned that prevented contact to the parking lot and if you don’t know it Jeff can wield a very mean chainsaw in a hurry when he needs to and he opened that road up in a matter of minutes.  We had significant basement flooding as well in the Alplaus area in particular, loss of power means loss of sump-pumps which means basements flood.  Through it all we were also devastated that we lost two of our own who were unfortunately overcome by carbon monoxide fumes; our prayers go out to the families.  As a result of this Town Supervisor declared a local state of emergency on Friday which remains in effect until close of business today.  We activated the town’s Comprehensive Emergency Management Plan and the likes of town highway, public works, police and emergency services they all responded to the best of their ability to protect life and public infrastructure and necessary response and recovery estimates.

                The cost estimates for this disaster, right now that we submitted with the County that are being provided to the State in hopes of making our way to Washington where perhaps we will see some federal disaster money.  Our cost for debris removal right now is estimated just under $120,000; Rick LeClair has about six weeks of work ahead of him to take debris that much of which has not even been moved from where it has fallen to the roadway where he can get it.  The snows that we have recently received have covered much of that; we are looking at a storm that perhaps on Friday, they are not talking inches anymore they are talking perhaps feet.  We have an estimated 1,720 cubic yards of debris that we need to clear and bring to a place where we can chip it and properly dispose of it.”

                Councilman Quinn – “Several constituents have asked even with a chance of not getting the requisite amount of funding from higher authorities from an emergency standpoint are we guaranteeing debris cleanup from all of the properties.”

                Mr. Germano – “We’re going to pick it up; Rick’s plan is to pick it up.  My point with these snows as it gets covered we may not be able to see it all; this may be left over for next year.  Now we are racing against the clock of winter so if the weather works with us then he will pick up as much as he can.

                If they can cut it up into four foot sections and drag it neatly to the side of the road out of harms way on their property but off of town right-a-way property it will make it much more easier for our crews to pick it up.  Now it is a matter of timing, obviously our priority when it snows will be keeping highways open.

                Our total cost for this disaster in excess of $135,000 when you count police and everything that they did; you count the opening of the Senior Center for the residence of our town as well as some additional costs.  You recall the rain storms that we had in July where we had significant debris from high winds and excessive rains, that storm cost us about $100,000 to remove debris.  Many of those culverts are still plugged; we have not had the opportunity to get to them.  Two significant events in a very short period of time will cost the town $235,000; our hope is we do see some federal assistance.

                I would just like to say thank you to a number of individuals; Rick LeClair, Jeff Gemmette as well as all of the highway, water and sewer department staff.  We did have some issues with our upper water system where we were concerned about pressure and concerned about consumption so we did put a water emergency in place that lasted for pretty much the weekend.  I also want to thank Chief Ranalli, police and dispatch, they did yeomen’s work as did DPW.  I already mentioned Jamie and Carl down at the Senior Center for manning that and getting that Senior Center opened quickly and then coordinating those human needs.  Chris Flanders did a marvelous job of putting information on our website for those to be able to access information but even though a lot were without power there were an awful lot accessing our website.  We were keeping them informed about power restoration, shelters and about the town’s response activities and Chris handled all of that.  Linda and the crew in here, even though they did not have power they worked and we were opened for business and that’s nice to know.  The few residents that did come in on Friday were well served.  Of course to our residents we thank them for their patients and their understanding and their diligence.”

                Supervisor Quinn – “We also had a shelter at the S-G High School and the Red Cross manned that particular one.  For all of those costs we just heard we are only mid-December right now, obviously one of the things that is going off in all of our heads is thank goodness we have a fund balance.”

                Councilman Koetzle – “I would just like to add one more thank you to Tony Germano, I think he did a fantastic job leading the effort and communicating although I did not have access to the web for four and one-half days I do know that you communicated very quickly and efficiently with all of the board members and I think you deserve a thanks too.”

New Business

                Councilman Koetzle – “I think I would like to put an amendment to a zoning law on our next work session.  Maybe we need to work that one out at the next work session.”

                The Town of Glenville Town Board Meeting was adjourned at 10:30 PM.



                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk