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Town Board Meeting Minutes 3/5/2008
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
MARCH 5, 2008
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

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

Absent: None

                Supervisor Quinn called the meeting to order at 7:30 PM; Councilwoman DiGiandomenico 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 would like to report on the Small Business and Economic Development Committee.  I have done some work, talked to some citizens about wanting to serve on that committee.  I don’t have names to bring to the Board at this time but I have been talking with a variety of business owners and there has been pretty good interest in serving on that committee.  If anyone is interested or if anyone on the Board knows of anyone that is interested please let me know so I can contact them.

                I had a chance to talk to the Commissioner of Public Works the other day.  I want to just point out that something we need to talk about at the next work session is there is a shortfall in the personnel budget of $32,634.  I think we are going to have to address that issue this month and talk about what we need to do to rectify that.

                The other issue there is salt as you probably all know rock salt is a hard to come by commodity right now.  We have a 600 ton order outstanding; it is about 2-3 weeks old, normally that would come within a couple of days, but we are out of rock salt.

                I think they have been very innovative down at the highway department and they have been mixing calcium chloride with sand to try to take care of the icing issues.  It takes about 135 – 140 tons of salt to go around once in the town.

                We have about $53,000 left for salt and there is an outstanding bill for $17,000 and another outstanding bill for sand for $3,500 so we are probably down to about $32,000 in the budget for salt going forward.

                I have been reporting to you on the overtime budget for the highway department and they are down to about $3,000 in overtime for the rest of the year.  That is something we are going to have to address along with the personnel issue; how do we get through the rest of the year on $3,000 for overtime.  As you know we do not control the weather so a lot of these storms that might come on the week end or a holiday would present a challenge for the highway department.  I am waiting for the Commissioner of Public Works to get back from his leave and maybe he and I can get together and come up with some solutions we can present to the board at the next work session.”

                Councilman Rosenberg – “There are a lot of things going on in our Planning Department but one of the big things that we all talked about is, Kevin is working on the amendments, allowing the keeping of horses on large lots in suburban residential zoning districts which isn’t allowed right now but with an amendment to the zoning ordinance that could be with some limitations of course.

                From our Assessor’s Office our Assessor has started the ground work anyway for next year’s revaluation.  That will be our third year; we are on a tri-annual schedule.  Two years ago we finished up a full re-val for the whole town and the majority of the board decided that we were not going to do an annual so we are on tri-annual and expected to have that done next year.

                This will get us back up to 100% and eligible for the $5 per parcel reimbursement.  Everybody should keep in mind, I wish I knew this when I was fighting for annual, that the Metroplex reimbursement we now find is also related to the 100% and that we are getting less money because we are not at 100%.”

                Supervisor Quinn – “Just to follow on with what Councilman Rosenberg just said.  A piece of conversation that came in from the NYS Office of Real Property Services and it says for the last year’s period for the end of June of ’07 we are down to 84%.

                More than ever we are going to need it and unfortunately I don’t know how many times people don’t understand necessarily the relationship between assessments and re-assessment versus taxes.  We will keep hammering away at it until people understand that they are not intimately related necessarily.”

                Supervisor Quinn – “Item number 5 on the agenda is a public hearing on the proposed local law to amend the Code of the Town of Glenville by deleting and repealing Chapter 151, Flood Damage Prevention and replacing it with a new Chapter 151 to be entitled “Flood Damage Prevention”.

                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.

                No one wished to exercise the Privilege of the Floor.

                Supervisor Quinn announced that the Board will go into an Executive Session at the end of the meeting to discuss contract negotiations and also a budget item related to things.

Supervisor’s Comments to the Board:

                Supervisor Quinn shared the following information with the Board.

                I have been in the Country of India for the last two weeks working as a volunteer and working with other volunteers over there.  It was a very enlightening experience.

                Here are a couple of things regarding Town business that I would like to share with you.

                Metroplex wants to talk with us about getting some input for a Small Cities Grant regarding Fortitech and Sue Lombardi, our Grant Administrator, is working on that right now.  You will see and hear more about that in the near future.

                Tomorrow afternoon the Capital District Transportation Committee, in which I represent not only us but all of the other towns in the seven county areas, has a meeting at 3:00 pm.  I will go and represent us and make sure our projects if no one else’s, regarding activities that they are involved in get addressed.”

                Councilman Quinn – “Have you received any encouraging news on the Glenridge Road project and where that stands and the whole TIPS Program?

                Supervisor Quinn – “Tomorrow’s number one item on my list; last month when I was there it was fully funded, it was still a go, still set for construction in June of ’09.  I will double check and let you know.”

                Supervisor Quinn moved ahead with the resolutions.

RESOLUTION NO. 59-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville, with assistance from the Schenectady County Office of Emergency Management and the Schenectady County Department of Economic Development and Planning Department, has gathered information and prepared the Schenectady County Multi-Jurisdictional All Hazard Mitigation Plan; and

                WHEREAS, the Schenectady County Multi-Jurisdictional All Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000 and 44 CFR Part 201; and

                WHEREAS, the Town of Glenville, along with Schenectady County, have afforded its citizens an opportunity to comment and provide input on the Plan; and

                WHEREAS, the Town of Glenville has reviewed the Plan and affirms that in cooperation with Schenectady County, that the Plan will be reviewed and updated no less than every five years;

                NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville Town Board hereby adopts the Schenectady County Multi-Jurisdictional All Hazard Mitigation Plan as the Town’s natural hazard mitigation plan, and resolves to be in compliance with the Plan and any subsequent updates of the Plan.

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

Motion Carried

RESOLUTION NO. 60-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

BOND RESOLUTION, DATED MARCH 5, 2008, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $290,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF CONSTRUCTING AN EXTENSION TO SEWER DISTRICT NO. 9

Recitals

WHEREAS, Sewer District 9 (hereinafter referred to as a sewer district) of the Town of Glenville, in the County of Schenectady, duly established by the Town Board of said Town and, as such, proposes to construct, maintain, extend and operate a sewer system for said District in accordance with Article 12 of the Town Law of New York, and the purpose hereinafter described is a special improvement authorized by Article 12; and

WHEREAS, the Town Board of the Town of Glenville (the Town) desires to provide for the financing of the cost of and the cost incidental thereto at an estimated cost of $290,000 and has and hereby determines that such payments are in the public interest of the Town; and

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

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

SECTION 1.  There are hereby authorized to be issued serial bonds of the Town of Glenville in the aggregate principal amount not to exceed the amount of $290,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.

SECTION 2.  The specific object or purpose (hereinafter referred to as purpose) to be financed by the issuance of such serial bonds is the extension of Sewer District No. 9 of said Town, to be known as Extension No. 7, consisting of  the installation of 8” gravity sewer pipes together with one pumping station and approximately 300 feet of 4” diameter HDPE force main to an existing manhole and thence to an existing wastewater pumping station to a gravity sewer intersecting with the existing Sewer District No. 9 pump station and thence carried to the City of Schenectady Wastewater Treatment Plant,  necessary for the operation of such system and including the acquisition of necessary rights-of-way and easement in accordance with and at the locations stated in the map and plan referred to in the order establishing said Extension No. 7 adopted by the Town Board (the Project).  The plan for the financing provides for the total cost thereof to be financed from the proceeds of the bonds herein authorized to be issued since no payment from current funds is required by Section 107.00 of the Local Finance Law.

SECTION 3.  It is hereby determined that the class of objects or purposes for which such serial bonds herein authorized to be issued is set forth in subdivision 4. of paragraph a. of Section 11.00 of the Local Finance Law, namely, the acquisition, construction or reconstruction of or addition to a sewer system whether or not including purification or disposal plants or building, land or rights in land, or equipment, machinery or apparatus and having a period of probable usefulness of forty (40) years.

SECTION 4.  No current funds are required to be provided prior to the issuance of the bonds herein authorized to be issued or prior to the issuance of any bond anticipation notes pursuant to Section 107 of the Local Finance Law since the cost of said improvement is to be paid by assessment upon benefited real property in the area less than the area of the municipality and the maturity of the obligations authorized by this resolution shall be in excess of five (5) years.

SECTION 5.  Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and content of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes, including renewal notes, and to make any necessary arbitrage covenants in the name of the Town, is hereby delegated to the Supervisor of the Town as the chief fiscal officer of the Town.  The Supervisor of the Town is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this bond resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes, including renewal notes, and to attest such seal.  Such serial bonds, if, as and when issued shall be authenticated by the countersignature of a fiscal agent of the Town or by the appropriate designated officer of the Town pursuant to Section 70.00 of the Local Finance Law.

SECTION 6.  The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.  An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations herein authorized as the same become due and payable, and an amount sufficient therefor shall be levied, assessed and collected from the parcels of land within said district at the same time and in the same manner as other Town charges.

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

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

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

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

SECTION 9.  The Town intends to issue the obligations authorized by this bond resolution to finance the cost of the purpose identified in Section 2 hereof.  The Town covenants for the benefit of the registered owners of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, or will not make any use of the facilities financed with the proceeds of the obligations which would cause interest on the obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the Code) (except for the alternative minimum tax imposed on individuals and corporations by Section 148 of the Tax Code, except for the environment tax imposed on corporations by Section 59A of the Tax Code and except for any obligations held by substantial users, or related persons, of the projects financed by the obligations) or subject the Town to any penalties under Section 148 of the Tax Code, and that it will not take any action or omit to take any action with respect to the obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on the obligations to become subject to Federal income taxation under the Tax Code (except for the alternative minimum tax imposed on individuals and corporations by Section 55 of the Tax Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof.  The  proceeds of any obligations authorized to be issued herein may be applied to reimburse expenditures or commitments made for such purpose on or after a date which is not more than one year prior to the date of adoption of this bond resolution.  The Town expects to expend general funds or other available moneys for the purposes which should be reimbursed from the proceeds of such obligations.        

SECTION 10.  Based upon the review by the Town, the Town Board has determined that the Project is an unlisted action under the New York State Environmental Quality Review Act will not have a significant impact on the environment and a negative declaration has been determined and issued thereunder.

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

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

Motion Carried

RESOLUTION NO. 61-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Koetzle

                WHEREAS, the Town Board approved Resolution No. 50-2008 on February 6, 2008 which increased fees for services provided by the town; and

                WHEREAS, the fee for Dog Seizure is set by State law; and

                WHEREAS, the State allows the municipality to change the fee to any amount by local law or ordinance,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville amends Resolution No. 50-2008 by deleting the $50.00 “Dog Seizure”, fee; and

                BE IT FURTHER RESOLVED, that the fee for “Dog Seizure” in the Town of Glenville is that which is set by Article 7, Section 118 of the NYS Department of Agriculture Law ($10/$20/$30).

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


Motion Carried

RESOLUTION NO. 62-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Environment Protection Agency and the Department of Environmental Conservation have mandated that municipalities operating regulated MS-4’s (Municipal Separate Storm Sewer Systems) implement comprehensive programs relating to storm water; and

                WHEREAS, the Town of Glenville has adopted a local law that regulates Stormwater Management and Erosion Control (LL#4, 2007, Article XI, Zoning); and

                WHEREAS, in order to effectively administer such local law and state/federal mandates it is necessary to implement a fee structure that reflects, in part, the costs of the program; and

                WHEREAS, the mechanism deemed most effective to protect various water bodies from deleterious effects of erosion, sedimentation and pollution is a permit that requires that all plan review, regulatory approval and installation of on-site erosion and sediment control measures be in place prior to site disturbance,

                NOW, THEREFORE, BE IT RESOLVED that the Town of Glenville hereby adopts and implements a SITE DISTURBANCE PERMIT (attached) requirement for projects/improvements disturbing one acre or more, such permit to include a fee (detailed in the town’s fee schedule) that may at the town’s behest be amended as necessary to appropriately chard applicable costs of administration.

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

RESOLUTION NO. 63-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the minutes of the regular meeting held on February 20, 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
Town Administrator’s Report

                Tony Germano – “I have just two quick updates this evening.

                I have an update on the Public Safety Training Center.  Dave Hennesey, their Chairman, has received the updated draft lease agreement that Eric Dickson put in final form.  Their attorneys are looking at it.  It includes the amended lease agreement amount and I am pleased to report that according to Mr. Hennesey the Consortium has now approved that.  They are probably going to be back to us in about a week’s time on the draft lease agreement for this board to take a look at.

                Just a couple of more pieces that would need to occur and I believe that has to be done by resolution of this board.  One would include actually authorizing the Consortium to operate the Public Safety Training Center on the site since that piece of land is not zoned accordingly and the board would have to do that by resolution.  I believe you would also need to make a SEQRA determination at the same time.

                We’ve also recently heard from the Consortium that as you recall the driving EVOC Course, that would be used for training, was originally planned on top of the aquifer and they took much pains to redesign that and work with our Planning Department, Kevin in particular and have now successfully redesigned that so that it does not conflict with the aquifer.

                Since that has been approved they would now like to expand that.  They are going to expand the EVOC Course and we should be hearing from their engineer shortly.  The good news is that it will not be expanded on the aquifer the expansion will occur off of the aquifer.

                The hope is that by mid-April for your board meeting most of this will come together and hopefully the Consortium will be at one of your work session meetings to provide you with the final update.

                The second project that I would like to brief you on is an update on the Lowe’s Project.  We have now gone through pains relative to the road build out, the Freemans Bridge Road build out that they will do in front of the store.  We had to make some adjustments as a result of some shifts in the road that may have taken some parking spaces away from some of the businesses on the Lowe’s side of the property.  In particular was the NAPA Store and Dunkin Doughnuts and one or two other locations.

                So, Kevin and I in working with Lowe’s and Lowe’s engineers, there has been a redesign of the road where by it will no longer be at grade level, it will be at curb level for the islands that will border both sides of the road, but as a result being able to shrink those islands therefor with respect to businesses like Dunkin Doughnuts we will not have to take any parking spaces.  In fact their sign, where it is, will be fine.  I think it has really been a good solution to a problem that presented itself.

                We have received signed easements from all but one of the property owners and that is Dunkin Doughnuts at this point who is now reviewing the revised sketch of where the new road and where the shoulders will be and we hope to have that signed shortly.  The next step would then be the movement of the utility lines which we have coordinated with the two utility companies.  I think we will start seeing, weather permitting, hopefully some site preparation work by Lowe’s.”

                Councilman Koetzle – “On the Lowe’s project is there any sketches that the public can view?”

                Mr. Germano – “Yes, maybe one of the things we can do is at one point put up some sketches here for the public.  I don’t know whether the sketches that we have would be available on line but I think we could certainly post them here.  We just got a revised set in today and that is certainly something we can put up that will show specifically where the new road is going to be constructed.”

                Councilman Koetzle – “Essentially Lowe’s will be set back from Freemans Bridge Road and the sign would be the same situation that Walmart has now with their sign somewhat lower scale, not a huge visible sign on Freemans Bridge Road.”

                Mr. Germano – “I am not sure if we have got the final specs on the signs yet for Lowe’s.  I know there has been some initial discussion but I don’t know if we have seen the final.”

                Councilman Koetzle – “I noticed the Cole’s Manufacturing has a moving sale everything must go sign out, is that building going away?”

                Mr. Germano – “No, not as a result of Lowe’s.”


RESOLUTION NO. 64-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss contract negotiations and an item that is tied to our budget.

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

Motion Carried

                Supervisor Quinn adjourned this portion of the meeting at 8:05 p.m. and entered into Executive Session.

                Time being 9:00 pm Supervisor Quinn reconvened the meeting.

                Motion to adjourn was moved by Councilman Quinn Seconded by Councilman Rosenberg.

                The Town of Glenville Town Board Meeting was adjourned at 9:01 PM.


                                                                ATTEST:



______________________________
Linda C. Neals
Town Clerk