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Town Board Meeting Minutes 6/18/2008
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
JUNE 18, 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:

                Councilman Quinn – “I met with the Public Safety Committee yesterday and we have received two proposals from vendors on our communication console.  They have been turned over to our technical consultant, Lee Palmer for evaluation and we should have his recommendation within a week or so.  When it is time to vote on the selected proposal we will do our best to provide all of you with as much technical detail as possible so you can make an education decision.  One of the prices is very close to what we forecasted.

                This is more of a general apology to our constituency.  Much like Councilwoman DiGiandomenico a couple of weeks ago I found out that my e-mails that went to town hall were not being forwarded to my business e-mail address and when I finally gained access to the town hall account I found in excess of 1,000 e-mails that dated back a whole year.  I have already begun retrieving them and responding to constituents that tried to reach me.  I apologize to anyone who never received a response, it will be coming.  The problem has been rectified and the system is working just fine now.”

                Councilman Koetzle – “I met with the Commissioner of Public Works, Rick LeClair, if you recall at the last work session we had talked collectively as a group asking that each of the department heads take a look at take-home vehicles and the policy of using gas and looking for ways of trying to save as much as we can.  Rick went to his staff and had that discussion with them and I am happy to report that two of his Road Supervisors volunteered to give up their take-home vehicles which will be a savings to the town.  I think Rick and his staff needs to be congratulated for taking our request seriously and the need to save money.

                We will have a Small Business and Economic Development Committee meeting tomorrow morning in this room at 7:30 am.  We will have a presentation from Sue Lombardi, Town Grant Writer, about the process and some of the things we can do to maybe fund some of the ideas that we are coming up with.  We are going to talk about commercial code enforcement issues that seem to be creeping up in the town, web-site developments for our business community, our strategic plan and maybe have a BID (Business Improvement Development) discussion.  This is held on the third Thursday of every month here at town hall at 7:30 am.”

                Councilman Rosenberg – “From the Assessor’s Office, May 27th was Grievance Day.  They had 102 grievances filed plus 47 from the Village, totaling 149.

We received information from the Capital District Regional Planning Commission that as far as residential building permit activity in 2007 Glenville witnessed considerable residential growth last year.  Glenville led Schenectady County in single family building permits with 47, Niskayuna was next with 28.  We also led the County with new multi-family permits we had 19 permits totaling 200 units, Rotterdam was about the same.  In the Capital District as a whole Glenville was the third in total multi-family units, behind Wilton and Rotterdam.  We also are the third in the Capital District for total residential units of 247; Wilton was ahead of us at 423 and Rotterdam at 280.

                We also had a good showing in the value of our residential permits.  We led Schenectady County with 10.5 million in value for single family home permits.  For all residential home units we issued a total of 24 million for 2007.”

                Presentation by Katherine Daniels, New York Planning Federation

                Ms. Daniels – “We applied for a $25,000 grant from the Schenectady Foundation to develop a Transfer Development Rights Program (TDR) that we hoped would be a model to the communities within the County and in fact the whole Capital District.  We offered the opportunity to use these funds to develop this program to Glenville and Scotia specifically because we were very impressed with the quality of planning work that had been done here.  The Town Master Plan, the Freemans Bridge Road Plan, the local waterfront revitalization, the on going and newly adopted Open Space Plan.  We felt that this program would dove-tail very nicely and help you actually implement those plans.

                You appointed together with the Village a committee of citizens of these two communities that have worked hard over the last two years to put this program together.  One of the committee members Bob Powell is here with us tonight he is the Planning Board Chair from the Village of Scotia.  We also have Mark Storti with us who has been on the Open Space Committee.

                What we wanted to do tonight was to make sure that you feel comfortable with this program, answer any questions you have, any concerns you have and try to explain a little bit about how it would work.

                The original idea behind the TDR program is to protect and preserve large areas of land.

                What New Yorkers want is not always what New Yorkers get because what most towns have, including Glenville, is rather large lot zoning.  Unfortunately although it may be intended to preserve and protect open space land it really just kind of further spreads out suburban and rural sprawl.  There are alternatives to conventional large lot development and they include both parcel-scale or small lot type of open space protection and more landscape scale or large area protection.  If you want to protect just small areas of open space use you can use techniques such as your conservation sub-division that you currently have in the ordinance or you just move around development on a given site.  You could do purchase of development rights, which of course involves typically expenditure of local funding which is difficult to come up with that kind of funding.

                Zoning of course, restrictive zoning can help you protect large landscapes but it is a very controversial approach that’s not in use much in New York and the other way to protect large landscape is TDR, which is typically not a controversial, for the most part, approach but still can be very effective in terms of protecting rather large areas of land.

                What TDR does is it provides another option for land owners.  Instead of the traditional options of developing all of your land or part of your land or not developing it at all a land owner can effectively get value for the land by transferring the right to develop it elsewhere.  The landowner has the option of getting value for the land without actually developing it.  That can be very attractive to a land owner.  So what communities do that adopt TDR programs is they establish what we call “sending areas” that include the areas the community considers to be valuable for open space; farm lands, forest lands, wet lands, well head protection areas, these sort of things, now that you have done that through the open space process, you have already identified areas that would be within a “sending area” and then you send those rights, that is willing landowners who are interested in sending those rights, can sell them to others to be used in what we call the receiving areas.  You have effectively identified those through the adoption of your Town Center and Freemans Bridge Road areas.

                The owner of the sending parcel sells those development rights and what they agree to do is record a permanent conservation easement on their land so that it can never be developed so the rights are separated, severed from the land and are transferred into a more urban or urbanizing area.  The developer or the owner of the land in the receiver area buys those development rights and the reason that they are willing to do that is because they are able to build at somewhat higher density then they other wise would be able to under existing zoning or other wise receive other types of benefits.  This way both the landowner and the developer have the incentive to participate in a program like this.

                There are several basic elements of TDR programs and they include state enabling legislation, which we currently have here in NYS, amendments to the comprehensive plan and zoning ordinance, which would be required.  I have already drafted a TDR Ordinance that could be adopted by the Town and another one for the Village, a generic environmental impact statement that finds no significant environmental impacts and conservation easements to preserve the sending area sites.

                The TDR program works best in communities that are growing because that fuels the market, it is a market program, it’s really not a town or government program but a market program that the town or village facilitates.  We have involved landowners and developers from the start, we had several public meetings, we have had nothing but interest on the part of the people who come to the meetings, and we haven’t seen any controversy or any concerns with the program as it is developed.  We have selected the sending and receiving areas and they reflect a large part of the western part of the Town as well as two well-head protection areas, one for the Town and one for the Village, also a farm up to the north-east and then the Piotrowski property within the Village.

                We have carefully chose incentives that we thought would appeal to both the landowners and the developers.  The incentive for the landowners would be currently the zoning is a 3-acre minimum lot size in the sending areas the incentive would be that landowners would be able to transfer density at one unit per 2 acres, that’s a 50% density bonus, for example on six acres of land, where as you would be able to develop 2 units if you developed them on site, if you transferred them you would be able to transfer 3 units worth of development.  Several incentives for developers including being able to build more impervious surface in your commercial areas, right now your lot coverage requirement is fairly low for commercial land; to be able to double the density of single family dwellings in the Freemans Bridge Road area, which has been rezoned to mixed-use-development is recommended in that plan.  That would allow development of 7,500 sq. ft. lots and currently the Town doesn’t allow any kind of medium density residential development and there is a real need for that and the developers on the Committee said they definitely would be interested in using those two types of incentives.

                Balancing TDR supply and demand, you want to make sure your sending and receiving areas are the right size so you don’t have developer looking for development rights who can’t find enough in the sending areas or sending area landowners who aren’t able to sell their development rights.

                Managing impacts, we don’t think that there should be significant impacts because we are not proposing higher residential densities in areas where there are other close by residential users who would be likely to object to that.

                Partnerships, we have developed a really good partnership with the Mohawk Hudson Land Conservancy and we thing we are really fortunate because they had agreed to hold most of the easements that would be recorded by landowners and that is huge because the Town and the Village wouldn’t have to hold those easements and monitor them over time.  Mohawk Hudson Land Conservancy has its top preservation priority, the bulk of the sending areas that have been identified by us and in your own open space plan so we are very fortunate to have them to be a part of this.

                The way we designed the ordinance it would apply within the sending areas and require that 80% of property be preserved so that land owners wouldn’t have to preserve all of their land, they could separate out a few lots if they wanted to keep them for themselves. The bulk of the property would have to come into this program if they wanted to participate.  Usually there is a minimum of 20 acres because the Mohawk Hudson Land Conservancy isn’t interested in really small properties or properties where people want to develop half of it.

                We have tried to make the process as simple as possible for the land owner.  They could come in to the Planning Department, request a TDR certificate, not have to pay anything, not have to get a new survey done and using GIS the planner could help find out how large the parcel is, whether there are development restraints and the certificate is just meant to tell the land owner how many development rights they could transfer.  The land owner would seek a TDR buyer either on their own or if the Town has a TDR bank and registry on a web-site you could have a list of buyers and sellers right on line.

                A land owner that decided to go through with the process would actually sign and record a TDR deed and a conservation easement and then receive compensation from the development rights, either from the developer or the Town or the Mohawk Hudson Land Conservancy.

                The program creates the opportunity to preserve whole landscapes.  It not only preserves open space lands but also directs development to appropriate areas where you already have infrastructure, so it is an efficient use of existing infrastructure which is a cost savings to the community.  If offers compensation to land owners.

                After this point we would be close to a public hearing process if you felt that you were comfortable enough with this.  We have had several public meetings but we wanted to bring it before you tonight to give you a chance ask questions.”

                A question and answer period took place between Ms. Daniels and the Town Council.

                Supervisor Quinn – “Item number 6 on the agenda is a public hearing to hear comments on the proposed extension to Water District No. 11, Extension No. 35, Owl Creek Estates, Hetcheltown Road.”

                Supervisor Quinn opened the public hearing at 8:20 pm.
                No one wished to speak; the Supervisor closed the public hearing at 8:21 pm.

Privilege of the floor:

                Cliff Frasier – “I live up in West Glenville and I am here to listen about the TDR Program.  I would be interested in the sending area and being a part of the pilot program.  One of the good things about this is the State is really interested in seeing what programs work.  There is other grant funding available through DEC.”

                Ron Provost – Mr. Provost stated a complaint regarding the leave pick up.  He stated that Saratoga Drive was not done as well as Sutherland Drive.  He said that he was informed a month and a half ago that the program was completed.

                He also asked questions regarding the Cold War Veterans proposed exemption.

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

Supervisor’s Comments:

                Supervisor Quinn shared the following thoughts and ideas.

                June 6th – I attended the meeting of the Town Supervisors with the Schenectady County 2009 Bi-Centennial Committee.  We reviewed their initial planning, we offered some thoughts and ideas about how they might want to either increase or decrease certain activities that at least they were thinking of at the initial stage.

                June 10th – I attended the meeting of the Schenectady County Military Affairs Committee.  The primary agenda had to do with Stratton Air Base and the 109th Air National Guard.  They have an upcoming 60th Anniversary celebration coming up in October of this year.

                June 14th – I presented two Eagle Scout proclamations at the Immaculate Conception Church.

                June 16th – I signed the papers for the bonding for Woodcrest sewer extension.

                June 16th – Tony and I met with the Schenectady County Manager, Kathleen Rooney, to discuss the dispatch equipment and procedures.

                June 17th – I met with representatives from the League of Women Voters to discuss the Intermunicipal Rules and Regulations.

                June 20th – I have a meeting with the Inter-Government Group at the county.

                July 3 & 4 – The Alplaus Annual 4th of July celebration.

                You all received a copy of our budget and where we are at.  I ask all of you to review it very, very carefully because we need to make some additional decisions on unfunded projects for this year.  In this budget you will notice that expenses are much higher than we budgeted but as you remember from our work session we picked off some items that we said we would like to see what did they cost and they are now in this budget.

                This budget document is conservative.  Our revenue is over by 1% but our expenses are off by 9% at the moment.

                We have polling places for the next year.  We have 28 election districts and we are down to 15 polling locations.  

                Rte 5 and the GSA properties, one is the 7 acres that is currently up for auction.  That auction is ongoing until July 15th, and then they will close the auction and decide what’s what and who’s who.  The bidding is open until July 15th.

                The 55 acres that are out there, that we are looking at and trying to get them to move on so that that can go up for bids and auctions.  The firm that was doing the feasibility study, the last piece before anybody sets the price.  They will finish their report and then a meeting with DEC to see what they found or what they have; the GSA will take that data and say this is our asking price for the 55 acre parcel.  This is the last piece of work.”

                Supervisor Quinn moved ahead with the agenda.

RESOLUTION NO. 112-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS, a need currently exists in the Police Department for the positions of police officer, and

WHEREAS, Laurence Jay Borwhat has requested a lateral transfer from the Schenectady Police Department, and

                WHEREAS, an Interview Committee consisting of elected, town and police officials met with the candidates, conducted interviews and made its recommendation, and

                WHEREAS, the Police Chief hereby concurs with the recommendations of the interview committee,

                NOW THEREFORE BE IT RESOLVED, that this Town Board does hereby authorize The Chief of Police to hire Laurence Jay Borwhat of Glenville, New York 12302 to the position of  Police Officer in the Glenville Police Department, with an effective date of July 7, 2008, and

                BE IT FURTHER RESOLVED, that the compensation and benefits for Laurence Jay Borwhat be as set forth in the current P.B.A. Contract, as a third year officer for six months and thereafter he will receive compensation and benefits of a fourth year officer; and

                BE IT STILL FURTHER RESOLVED, that the Town Clerk, on behalf of this Town Board, be and she hereby is authorized and directed to notify said officer of the afore mentioned appointment.

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

Motion Carried

                Chief Ranalli – “Thank you very much for this opportunity, the Board is well aware that we have had a little bit of turmoil in the police department this year.    Jay brings with him eight years of police experience, four years with the Montgomery County Sheriffs and four years with the Schenectady City Police Department.  Jay’s experience will help us get back on track and keep our department moving and again thank you for your support through this entire process.

                Welcome aboard Jay.”

RESOLUTION NO. 113-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town of Glenville has evaluated quotes from three payroll services with bids ranging from approximate annual costs of $6,300 to $11,400 including human resources programs, and

                WHEREAS, this review has resulted in a preferred service of Paychex based on experience with New York municipal customers, and

                WHEREAS, the quote from Paychex reflects a price of $7,000 annualized in the first year for payroll processing, and optional services to potentially phase in of approximately $1,500 for two time clocks and approximately $1,500 for human resources programs;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the Supervisor to enter into an agreement with Paychex, to provide the payroll processing services for the Town of Glenville for implementation at the earliest most effective timetable and at a later date if deemed necessary by the Supervisor phase in time clocks and human resources programs.

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

Motion Carried

RESOLUTION NO. 114-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Koetzle

                WHEREAS, the last resolution authorizing persons entitled to withdraw funds from bank accounts held by the Town of Glenville named Frank X. Quinn, Supervisor of the Town of Glenville, Valerie M. DiGiandomenico, Town Councilwoman of the Town of Glenville and Anne Peltier, Deputy Comptroller as the authorized signatories on said accounts; and

                WHEREAS, Anne Peltier is transferring to the Police Department Executive Secretary I position with the Town of Glenville;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby designates Frank X. Quinn, Supervisor of the Town of Glenville, Valerie M. DiGiandomenico, Town Councilwoman of the Town of Glenville, and Jeffrey Prescott, Assistant to the Comptroller of the Town of Glenville, individually, not jointly, to be the only persons authorized to withdraw funds from any and all bank accounts held by the Town of Glenville; and

                BE IT FURTHER RESOLVED the designation of Anne Peltier of the Town of Glenville as one of the authorized signatories on Town accounts is revoked.

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

Motion Carried

RESOLUTION NO. 115-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

                WHEREAS, by application dated May 8, 2008 and pursuant to Code of the Town of Glenville, the Ladies Auxiliary of the Alplaus Volunteer Fire Company No. 1 Inc., [Paddling for a Cure] has applied for a permit to conduct Outdoor Amusement/Entertainment at the Burnt Hills Rowing Association Maritime Road in Alplaus on July 20, 2008, Sunday from 6 AM to 3 PM: and

                WHEREAS, said application did include permission of the owner of the property on which said Amusement/Entertainment will be conducted, and the necessary insurance coverage; and

                WHEREAS, said application has been referred to the Chief of Police, Town of Glenville and the respective Fire Chief of the area in which said entertainment will be conducted and the Schenectady County Environmental Health Department, as required by the Code of the Town of Glenville.

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the Ladies Auxiliary of the Alplaus Volunteer Fire Company No. 1, “Paddling for a Cure” be and it hereby is approved; and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Alplaus Fire District #2 Chief and the Schenectady County Environmental Health Department.

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

Motion Carried

RESOLUTION NO. 116-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Koetzle
                WHEREAS, the Town of Glenville is proposing a number of revisions to the Town of Glenville Zoning Ordinance, most of which are minor; and

                WHEREAS, these zoning amendments constitute 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, the Glenville Environmental Conservation Commission finds no significant adverse environmental impact associated with these proposed zoning amendments and recommends that the Board issue a SEQRA “Negative Declaration;”

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that the proposed amendments to the Town of Glenville Zoning Ordinance 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 action involves relatively minor zoning text amendments.  There will be no physical alteration to the landscape as a result of this action.
·       This action will not adversely impact air quality, ground water, surface water, or any other natural resource.
·       This action will not create a material conflict with the Town of Glenville Comprehensive Plan or Zoning Ordinance.  On the contrary, this action results in the clarification of certain regulations and definitions as well as the elimination of conflicts between our Zoning Ordinance and other regulations, most notably the New York State Building Code relative to home occupations.
·       This action will not impair any important historical, archeological, architectural, or aesthetic resources.

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

Motion Carried

Discussion…

                Councilman Rosenberg – “Everybody has an issue with one or more of these but my recommendation is that we vote it as is, if we want to pull this apart later for instance if we want to change the expiration of the site plan approvals to a longer term or what ever we can make amendments to this one local law rather than if you don’t agree with one thing in here for some reason and you say no and the thing goes down then everything goes down.

                We advertised this as one local law so we can’t pull one or the other out.”

                Councilman Koetzle – “So you are saying that we can not amend any portion of this tonight.

                I am troubled by one piece in this resolution.  Most of these seem minor the keeping of horses in a suburban residential district concerns me.  I also see that the recommendations out of the Planning and Zoning and the GECC are negative, they don’t support this zoning amendment.  I am having trouble supporting that piece of the resolution; I’d like to see an amendment.”

                Attorney Dickson – “An amendment is not possible legally because of the way it was introduced as one local law.  We have the opportunity only to vote in favor or against it.”

                Councilman Koetzle – “So if the entire resolution goes down tonight, these can come back in different pieces but they would have to go through a public hearing again?”

                Attorney Dickson – “That’s correct.”

                Councilwoman DiGiandomenico – “I have a problem with the expiration of site plan approvals, the one year, I think that is too short of a time.  I would like to see it be two years.”

                Councilman Rosenberg – “I would add, Councilman Koetzle, that the GECC didn’t necessarily say no, basically what they are saying is that they would like to see a minimum lot size of only 5 aces.  The Planning and Zoning did say no but I think the GECC was actually looking for us to lesson it from 10 acres to 5 acres.”

                Councilwoman DiGiandomenico – “I don’t agree with that zoning whether it is 5 or 10 acres.  I don’t think it is fair to the people that are already there to change the zoning.”

                Supervisor Quinn – “Are the people that are already there and living under certain conditions negatively impacted by what is here?  There is no negative impact that I know of.  It’s just the issues themselves that are articulated in here right.”

                Councilwoman DiGiandomenico – “If you live next door to them you are impacted.”

                Supervisor Quinn – “If you live next door yes I agree.  If you are an owner who has currently got anything in this they are not negatively impacted.

                If we vote this whole thing tonight we definitely have the option to come back to amend any one piece that we are stuck on in here and put that one piece up for a vote also.  But since it was introduced as a one piece document I would recommend, we are each going to do what we have to do, we vote the whole and if we have to change anything then let’s bring it up later and change it.”

                Councilman Koetzle – “Mr. Supervisor I respect that opinion but I have a hard time voting for legislation I believe is flawed or is bad with the intention of coming back and fixing it.  I don’t think that is a smart thing to do.

                One clarification on this, I see in the resolution it refers to horses and in some background paper work it refers to farm animals, the resolution is only specific to horses correct not all farm animals.”

                Supervisor Quinn – “That is correct.”

                Councilwoman DiGiandomenico – “What if we pass this and say the minute we pass this somebody comes in and applies for the zoning change regarding the keeping of horses?”
                Councilman Koetzle – “I do support most of this resolution.  In theory I don’t have an issue necessarily with people keeping horses on 10 acres but if it is zoned suburban residential I have an issue with it therefore I vote no.”

                Councilman Quinn – “I have to say in addition to that I support the vast majority of these proposals but I feel compelled to vote in the negative because it is bad president to be setting Town law that we are going to go back and change when in the interim, based on Councilwoman DiGiandomenico’s comments, people may come in and change the character during that period.  I am going to have to vote no.”

                Councilwoman DiGiandomenico – “For the reasons previously stated I have to vote no.”

RESOLUTION NO. 117-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town of Glenville is proposing a number of revisions to the Town of Glenville Zoning Ordinance, most of which are minor in nature; and

                WHEREAS, said proposed amendments (attached) address the following topics:  1) The keeping of horses in Suburban Residential zoning districts; 2) Accessory uses and structures; 3) Home occupations; 4) Expiration of site plan approvals; and 5) Definitions; and

                WHEREAS, the primary purpose of these zoning amendments is to better define terms, eliminate conflicts with other regulations and clarify certain provisions; and

                WHEREAS, the Glenville Town Board, as SEQRA Lead Agency, has issued a SEQRA “Negative Declaration” for this action; and

                WHEREAS, pursuant to New York State Town Law and the Town of Glenville Zoning Ordinance, the Glenville Town Board held a public hearing on these amendments on May 28, 2008;

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville adopts Local Law No. 2 of 2008, a local law to amend the Code of the Town of Glenville, Chapter 270, Zoning; and

                BE IT FURTHER RESOLVED, that approval of the zoning ordinance amendments is based on the following findings:

·       The amendments being approved are minor, with the primary purpose being to eliminate conflicting provisions, clarify certain regulations and better define certain terms.
·       The amendments do not conflict with the Town of Glenville Comprehensive Plan, Town Center Plan, Freemans Bridge Road Master Plan or any other adopted planning-related policy or land use regulations.
·       Given the relatively minor nature of the zoning amendments, the adoption of these amendments will not negatively impact land values, nor will they result in incompatible neighboring land uses.

·       The proposed amendments will not adversely impact any particular neighborhood’s character.

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

Motion Defeated

RESOLUTION NO. 118-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                WHEREAS, the Water and Sewer User Fee Roll of the Town of Glenville has been approved for collection as of June 1, 2008; and

                WHEREAS, such warrant for Water District #11 totals $1,528,495.13 including water rents receivables and Special Contracts and Sewer totals $266,678.39,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts such roll.

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

Motion Carried

RESOLUTION NO. 119-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville is experiencing substantial costs for post retirement medical coverage for individuals that are Medicare eligible and are grandfathered into post Medicare coverage due to being originally hired prior to January 1, 1991 ; and

                WHEREAS, the Town can reduce premiums expenses by implementing a Medicare supplemental plan and having these retirees enroll; and

                WHEREAS, CDPHP is an existing health insurance provider for the Town of Glenville that has a plan that some of these retirees are willing to enroll in to save the Town premium dollars, and

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the Supervisor to sign a contract with CDPHP of 500 Patroon Creek Blvd. Albany, NY 12206-1057 for a Medicare supplemental employer plan.  

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

Motion Carried

RESOLUTION NO. 120-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                WHEREAS, a Petition, Map and Plan were previously filed with the Town Board, and said Map and Plan having been prepared by a duly licensed surveyor and engineer, showing the boundaries of the proposed Extension, and the general plan of the proposed Water System therein, in accordance with the Town Law, and

                WHEREAS, this Town Board did call a public hearing to be held on June 18, 2008, and due notice of said public hearing was given, as required by the Town Law, and the said Town Board having a public hearing on June 18, 2008, in connection therewith, and evidence having been taken at the said public hearing in connection with the relief asked for, and after due consideration having been given in connection with the proceeding and the evidence produced at the said public hearing,

                IT IS DULY

                ORDERED, that the Town Board of the Town of Glenville does hereby DETERMINE as follows:

(a)     The Petition in this proceeding has been filed and acknowledged or proved as required by law, and said Petition is otherwise sufficient;

(b)     That all property and property owners within the proposed Extension are benefited thereby;

(c)     That all property and property owners benefited are included within the limits of the proposed Extension;

(d)     That it is in the public interest to grant, in whole, the relief sought,

                AND IT IS FURTHER

                ORDERED, that this Town Board does hereby approve of the establishment of said Extension, as asked for in said Petition, and does also approve of the construction of the improvement asked for in said Petition, and in accordance with the Map and Plan filed therewith at a cost to be paid by the petitioner, and no part of which is to be raised by borrowing.

                AND IT IS FURTHER

                ORDERED, that this Town Board further determines that the Petition in this matter complies with the requirements of Section 191 of the Town Law as to the sufficiency of signers, and the boundaries set forth in said Petition.

                AND IT IS FURTHER

                ORDERED, that the said properties described in said Petition, as set forth on the Map accompanying the same, be and the same are hereby annexed to Water District No. 11 of the Town of Glenville, to be known as Extension No. 35 to Water District No. 11.

        The approval herein of the establishment of said Extension includes a certain tract, piece or parcel of land located in the Town of Glenville, County of Schenectady and State of New York, more particularly bounded and described as “Owl Creek Estates” prepared by Insite Northeast, Inc., and as set forth in Exhibit "A" attached hereto and made a part hereof.

                AND IT IS FURTHER

                ORDERED, that the construction work asked for in said Petition be, and the same is hereby authorized in accordance with the Map and Plan accompanying the same, at a total cost to be paid for by the petitioner, and the necessary work, as shown on said Map and Plan as asked for in said Petition, together with the necessary legal, engineering, and other lawful expenses and disbursements are hereby authorized in connection therewith; which such total cost shall not exceed the amount set forth above.

                AND IT IS FURTHER

                ORDERED, that the Town Clerk be, and she hereby is, directed to have a certified copy of these ORDERS and DETERMINATIONS of this Town Board duly recorded in the Office of the County Clerk of the County of Schenectady, and a certified copy thereof also filed with the STATE COMPTROLLER OF THE STATE OF NEW YORK within ten (10) days after the adoption of the same, and when so recorded, such ORDERS and DETERMINATIONS shall be presumptive evidence of the regularity of the proceedings of this Extension, and the construction work asked for therein.

                AND IT IS FURTHER

                ORDERED, that the Plans and Specifications for said improvement, prepared by Insite Northeast, Inc., are hereby approved.

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

Motion Carried

RESOLUTION NO. 121-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, I am introducing a proposed local law to amend Chapter 245 “Taxation” of the Code of the Town of Glenville; and

                WHEREAS, a duly scheduled public hearing must be held in order to adopt such a law,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center on Wednesday, July 16, 2008, at 7:30 p.m., or as soon thereafter as the matter can be reached, at which time and place it will hear all persons interested in a proposed local law to amend Chapter 245 “Taxation" by adopting the Real Property Tax Exemption for “Cold War” veterans; and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is directed to prepare the proper notice of said hearing in accordance with law.

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

Motion Carried

RESOLUTION NO. 122-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS, I am introducing a Local Law to amend Chapter 255, “Vehicle and Traffic” of the Code of the Town of Glenville; and

                WHEREAS, a duly scheduled public hearing must be held in order to change such a law,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center on Wednesday, July 16, 2008 at 7:30 P.M., or as soon thereafter as can be reached, at which time and place will hear all persons interested in a proposed local law to amend Chapter 255, Vehicle and Traffic Law of the Code of the Town of Glenville; and

                BE IT FURTHER RESOLVED that the Town Clerk be, and she hereby is directed to prepare the proper notice of said hearing in accordance with law as follows:

Section 255-8 – Speed limits (add)

C. - A maximum speed limit of 40 miles per hour is hereby established within the Town of Glenville on the following county highways: to include:
        
Wolf Hollow Road (Schenectady County road No. 59) a point 1200 feet north of Route 5 to the southerly intersection of Wolf Hollow Road and Hoffman Hill Road Extension.

Section 255-2. - Stop Intersections (add)

        Intersection of                 With/Stop Sign on                       Entrances
        Acorn Drive                     Valleywood Drive                        West
        Riverside Ave.          Bradbury St.                            North and South
        Bradbury Street         Charles St.                             East and West
        Evergreen Blvd.         Hadel Road                              West

Section 255-4. - Yield Intersections (delete)

                Intersection of Yield Sign On                   Entrance(s)
                Evergreen Blvd  Hadel Road                      West    

                BE IT FURTHER RESOLVED, that this resolution shall take effect when filed with the Secretary of the State of New York.

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

Motion Carried
RESOLUTION NO. 123-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS, the water department is in need to replace two vehicles used to complete their daily jobs and tasks; and

                WHEREAS, the vehicles being replaced will be determined surplus and sold for fair market value; and

                WHEREAS, the Commissioner of Public Works will purchase the two Ford F250 4x4 from state contract award number 20339/PC 62886 therefore bidding is not required,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the Commissioner of Public Works to purchase one 2008 Ford F-250 4x4 with service body [item 18] at a sum not to exceed $27,500 and one 2008 Ford F-250 with V Plow [item 14] at a sum not to exceed $24,100 from VanBortel Ford on state contract, and

                BE IT FURTHER RESOLVED that funding for such purchases to be as follows;
Item 18 Account 50.11.8340.2000 sum not to exceed $27,500
Item 14 Account 40.09.8130.2000 sum not to exceed $24,100

                BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby declares one 1999 Ford F-250 Vin# 1FTPX28L1XNC12147 and one 2001 Dodge Van E250 Vin# 2B7JB21Y11K555652 surplus and authorizes the Commissioner of Public Works to sell for fair market value.

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

Motion Carried

RESOLUTION NO. 124-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

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

                Assessor Department
                Building Department – April & May
                Dog Control
                Highway Department
                Human Services – April & May
                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. 125-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the minutes of the regular meetings held on May 7, and May 28, 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

New Business:

                Councilman Rosenberg – “I would like to add the proposed zoning amendments that were defeated this evening I would like to add that to our agenda for the next work session.”

                Supervisor Quinn – “I would like to add to that agenda that we finalize the unfunded projects and the budget implications.”

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

                The Town of Glenville Town Board Meeting was adjourned at 9:15 PM.


                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk