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Town Board Meeting Minutes 8/20/2008
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
AUGUST 20, 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: Councilwoman Valerie M. DiGiandomenico

                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 except Councilwoman DiGiandomenico who was out of town.

Town Council Reports:

                Councilman Koetzle – “As you all know this past July a continuance of severe storms with excessive rains and high winds impacted several areas of the Town of Glenville.  The storms resulted in distribution of the town’s transportation system, washout of several sections of roads and drainage ditches; extensive clogging of road drainage systems with falling trees and debris carried by torrential water flow, washouts of several residential driveways and accompanied drainage areas all across the town.  As a result of this disaster the Town of Glenville mobilized highway and police resources to open clogged drainage areas and make temporary repairs to roadways.

                After a damage survey of impacted areas we remain concerned with potential latten damage to elevation and clogged drainage areas.  Any additional significant rainfall may cause continue road and infrastructure erosion.

                The Town Highway Department is now and has been repairing damage sections of roads and culverts and the estimate so far with overtime and materials is somewhere in the area of $120,000 cost to the town.

                The Town is coordinating with the County in submitting for disaster damage to the State and Federal Governments.  Monday we were informed by the County Emergency Management Office that FEMA is going to be sending a team to assess the damage and we may be eligible for some restitution from the Federal Government in overtime and material costs.  They have not yet visited Glenville so we are not sure of the outcome of that at this time.

                Both the highway staff and the police officers that responded to this emergency did extraordinary well in cleaning up the damage and making sure that public safety was secured and I want to thank both of those departments, the Chief and the Commissioner for their work and all of the things that they did.

                We all know that the cost of energy is becoming a significant factor in any homeowners cost of their monthly utility bill, businesses and the town are different; we’re struggling with increasing costs there too.  I arranged for a meeting with Tony Germano, Town Administrator and ESCO (Energy Service Companies) which is an energy service company and this company in a de-regulated market we have an opportunity to engage in a contractual relationship that would drive down our cost of energy, electricity in particular.  We are negotiating with this company and we have been able to obtain a 2½ cent savings so far on our electric bill if we engage with Reliant Energy which is an ESCO.  It doesn’t sound like a lot but that would be $40,000 in the water plant alone.  The Senior Center is the biggest user of energy; the Municipal Center is another one that we could gain some savings with.  We are engaged in looking at ways where we could cut some costs; $40,000 is significant.  Recently Tony reached out to Scotia because part of this program, if we can aggregate our energy purchase then we can drive our costs down even further and we can aggregate with other municipalities and school districts.  The Village of Scotia can realize the same savings we are and with them joining us in this contractual relationship the town’s per kilo-watt hour goes down even more.

                On top of this the company will put us in touch with the NYS Power Authority which will run an energy audit for the town, free of charge and recommend to us how we could cut our consumption.  If we choose to enact any of the recommendations from the audit they have programs that help us pay for those.”

                Supervisor Quinn – “Item number 5 on the agenda is a public hearing to hear all persons interested in a proposed local law to amend the following sections of Chapter 270 “Zoning” of the Code of the Town of Glenville 1) expiration of site plan approvals; 2) home occupations; 3) accessory uses and structures and 4) definitions.

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

                Jack Robinson, Scotia Storage Company, Freemans Bridge Road – “I have owned this facility since 1983.  We went through this same situation, the site plan, and we have a letter here that is probably the grunt of this argument or situation that you probably face now and that we think we are grandfathered in.  We have lost over 3½ million dollars in sales in the last seven years.  We had a site plan approval in 1989 and in 1995 and then, here comes Walmart.

                We went through the moratorium, we asked for a waiver on the moratorium, it was denied.  A year late Carl Touhey, Spare Room, asked for a waiver on the moratorium and his was accepted.

                We then waited until the moratorium was lifted.  I have a letter here that I got last month through a FOIL from the town that states that Mr. Corcoran had spoken with my engineer that I was zoned over in Mr. Piotrowski’s field, which is the south side of the track.  He says we are in high tech manufacturing and then he says in addition to that we have a non-conforming use that is only good for twelve months.  Will somebody please show me in your town ordinance where it says a non-conforming use permit must be acted on within twelve months?

                I can understand your situation where you want to close the door on a developer having a two year site plan, that’s fine, why give them the site plan to begin with.  If you don’t want businesses in this town just tell us we will be more than happy to pack up and leave.”

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

Privilege of the Floor:

                Ruth Kelly, town resident – “My concern is tonight you are voting to slow the traffic speed down on Wolf Hollow Road.  My family has built a home on Wolf Hollow Road and we have been there for five years.  That road is known as a cut through and now that it is closed because of the storm damage that was done to it, it is a race way.  We live right on the corner of Hoffman Hill and Wolf Hollow, they are not stopping for the stop sign anymore and they are racing to get up the hill and racing to get down the hill.  They are not stopping for the stop sign.

                I heard that you want to lower the speed limit to 40 mph and I am requesting that it be lowered to either 30 mph or 35 mph.

                It is very, very dangerous there especially on the curve.”

                Kurt von Maucher – Mr. von Maucher returned this evening to address the veteran’s exemption for the Cold War Veterans.

                He gave many situations convincing the Board that the Cold War Veterans should be eligible to receive exemption on their taxes.

                He also talked regarding the amount of the town’s contribution in ’09 to the Memorial Day Parade.  He stated that he would like the town to increase the amount of funding in ’09 back to the amount that was given in ’07.

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

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                On August 4th - I attended a meeting with Mayor Kastberg and Tony Germano discussing some of the things we have going on about collaborative kinds of activities.  No monumental or significant changes.  We discussed such things as the possibility of combining the two water systems.  We are gathering facts and figures.  We have got joint municipal services grants that we are considering putting together on a few different projects.

                At our work session last Wednesday night we reviewed the radio dispatch equipment activities.  The fact that our equipment is 23 years old; this has been discussed for years and years so we are now down to the final end on that and I anticipate we should have that on the agenda for the next meeting to proceed on funding that.

                We have also reviewed a staffing situation in the police and highway departments, vehicle requests for the replacement of vehicles and a series of other items.  They will be on the agenda in the future because they not only affect ’08’s budget but we are preparing ‘09’s budget and we want to get all of those things straightened out.

                Budget requests – I ask each of us that is a liaison to a department; we said that we wanted a budget request from each of the departments in by this Friday, to date we only have four departments in; would you please check with your departments to make sure we get those in so we have the ’09 information that we need to, not only have our work shops on the budget, but as you know I have to turn in a tentative budget by the end of September.

                One of the outcomes of the work session, for those who were not in attendance, is that I have decided what we would do is given the status of our ’08 budget and the fact that we are down a little over $500,000 more in expenses then we have in revenue that we would not entertain any new hires, no new equipment, no overtime unless it is absolutely vital and critical for the rest of this year.

                We each received a copy from the highway department of the variety of projects that are out there; not only about these storm damages and everything that Councilman Koetzle was talking about but all of the projects.  This list of projects that have not been acted on yet this year, there are 100 items on here that came from individual residents for drainage district fixes and repairs, for paving and for other projects.  The highway department as well as the town board has to work this in to our schedule and not only our schedule but what can we actually afford.  We all know the number one thing on people’s minds is to hold down taxes.  We all know we set a budget for ’08; we passed on the budget at the end of November last year.  We try to work these things in as we can get at them but we have to look out for 28,500 people and so individual things are important to the individual people.  Just so we are all on the same frequency given where we are this year and we are down in revenue this year so far we will see by the end of the year where we are.  We know what the projections are but trying to take care of individuals the board members are looking across the board at what is good for 28,000 people and what can we do about controlling spending when revenue is totally flat.

                Starting in September the Town Board will meet the first and third Wednesday of each month at 7:30 pm and our work sessions will be held on the second Wednesday of the month at 7:30 pm.”

                Councilman Koetzle – “Mr. Supervisor you mentioned the budget and I have been working with my department heads to try to deliver a budget that is what I call austere.  Last year if you watched the budget process it was a bit scary to a lot of the residents because department heads put in what I think was called a “wish list” and we had a 60% tax increase off of that and then the board looks at that and gets it down to the second budget called the preliminary budget.  Let’s say you go from 60% to maybe 25% and then we are presented with a final budget of maybe 10%, the town board is somewhat in a box between a 10% tax increase or a 15% tax increase.

                What I would like to do is start with a “bare-bones budget” so that when the Town Board has an opportunity to look at enacting a budget it is between reasonable increases and it doesn’t put you in a box between either a tax increase or a bigger tax increase.”

                Supervisor Quinn – “I concur with your sentiments exactly.  In any department, we will just use this one because it is here for us tonight, the police department or any other department, when they have got this kind of unfunded projects that we have got to deal with this has to come in with prioritize, we did nothing else, that is really helpful for all of us as we are looking not only at ’08 but at ’09.

                We agreed as a board we will be going through with interviews with each department head and to get it down to where we know for sure what is what.”

                Councilman Koetzle – “I just feel the need to really follow the lead of the Governor and the State Legislature, tighten the belt, cap the property taxes where we can and cap the spending where we can.

                At the work session you had brought up Fire District #4.  In the interim I have received a lot of calls and e-mails and I just don’t have any answers because I just don’t know what the proposal is or what the facts are between…  

                Maybe we could discuss this at the next work session or tonight whenever it is more convenient for you to really get our hands around that so I have some sort of sense that that makes sense for us to do our not.”

                Supervisor Quinn – “What we are putting together, not only for us but probably for a public hearing is a fact sheet because there are many, many statements out there about what happens if you have a fire protection district or you do away with a fire protection district or you contract out.  We will make a fact sheet and it will go on our work session.  We will have a public hearing to see if we want to dissolve this or not.”

RESOLUTION NO. 133-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

                WHEREAS, this Local Law No. 2 of 2008 has been introduced; and

                WHEREAS, a 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. 2 of 2008, a Local Law amending the Code of the Town of Glenville, Chapter 245 “Taxation” adopting a Real Property Tax Exemption for “Cold War” Veterans as authorized by Section 458-B of the Real Property Tax Law.

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

Motion Carried

RESOLUTION NO. 134-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS this Local Law No. 3 of 2008 has been introduced; and

                WHEREAS a 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. 3 of 2008, a Local Law to amend the Code of the Town of Glenville, Chapter 255, “Vehicle and Traffic Local 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 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 Supervisor Quinn
Noes:           Councilman Rosenberg
Absent: Councilwoman DiGiandomenico
Abstentions:            None

Motion Carried

RESOLUTION NO. 135-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                WHEREAS, by application dated June 30, 2008 and pursuant to the Code of the Town of Glenville, the Maintenance Director at the Schenectady County Glendale Nursing Facility (on behalf of the employees of the Facility), has applied for a permit to host the “CAR-TRUCK-BIKE SHOW” on Saturday, September 20, 2008 (rain date September 27, 2008, 12 noon – 4 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 Glendale Nursing Facility, 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 and Supervisor Quinn
Noes:           None
Absent: Councilwoman DiGiandomenico
Abstention:             None

Motion Carried

RESOLUTION NO. 136-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS, by application dated August 10, 2008 and pursuant to the Code of the Town of Glenville, the Burnt Hills Rowing Association is holding their 7th annual Spartan Sweeps Regatta on the Mohawk River and has applied for a permit to host this event.  It will be held on Sunday, October 5, 2008 from 8 AM to 2 PM; and

                WHEREAS, said application did include 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 Burnt Hills Rowing Association, 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 and Supervisor Quinn
Noes:           None
Absent: Councilwoman DiGiandomenico
Abstention:             None

Motion Carried

RESOLUTION NO. 137-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Koetzle

                WHEREAS, a zoning map amendment application has been submitted by Bordeau Builders to change the zoning of six parcels from Mixed Use Planned Development to Residential Planned Development; and

                WHEREAS, the purpose of the zoning map amendment is to allow for the construction of two apartment buildings, totaling 18 units, at a vacant parcel at 69 Saratoga Road; and

                WHEREAS, the parcel at 69 Saratoga Road was originally targeted for an office building, which was approved as part of the original Mixed Use Planned Development; and

                WHEREAS, the other five parcels at 3, 4, 5, 6 and 7 Dover Place are currently occupied by single-family homes, and were built as part of the original Mixed Use Planned Development; and

                WHEREAS, pursuant to New York State Town Law, zoning map amendment applications require a public hearing on the part of the Town Board;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby schedules a public hearing for Wednesday, September 3, 2008 at 7:30 p.m., or as shortly thereafter as possible, at the Town of Glenville Municipal Center, to consider comments on the proposed rezoning application by Bordeau Builders for properties at 69 Saratoga Road and 3, 4, 5, 6, and 7 Dover Place.

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

RESOLUTION NO. 138-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Koetzle

                WHEREAS funding has been made available under a competitive grant process through the NYS Justice Departments Justice Court Assistance Program for funding of municipal court security projects,

                WHEREAS it is in the best interest of the Town of Glenville to apply for available funding to assist with the financing of such projects for the Town Court,

                WHEREAS the Town of Glenville’s Board approves the application for funding under the 2008 Justice Court Assistance Program with a request amount not to exceed $30,000,

                NOW THEREFORE BE IT RESOLVED that Frank X. Quinn, Supervisor of the Town of Glenville, is authorized execute all necessary documentation for the 2008 application for court funding under the NYS Department of Justice.

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

Motion Carried

RESOLUTION NO. 139-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS, the Water User Fee Roll of the Town of Glenville, Water District No. 11 has been approved for collection as of June 2008, in the amount of $1,795,173.52 and

                WHEREAS, since that date, due to clerical error, adjustments are required in order to bring the warrant up to date,

                BE IT STILL FURTHER RESOLVED that the corrected warrant for Water District #11 is. $1,793,909.34


                NOW, THEREFORE, BE IT RESOLVED that the following customers billing be adjusted:


Warrant changes with reasons for August 20, 2008 Meeting
$1,795,173.52
Acct. #
Reason for the change
Amount
Name
Location
0103101600
Meter was read incorrectly by homeowner
($118.63)
Thornton
370 Ballston Road
~
~
Reading was verified and changed
~
~
~
~
~
from $158.63 to $40.00
~
~
~
~
~
Water only
~$1,795,054.89
~
~
~
0117101600
Meter was read incorrectly by homeowner
($394.52)
Rizzo
6 Helen Court
~
~
Reading was verified and changed
~
~
~
~
~
from $434.52 to $40.00 water only
~$1,794,660.37
~
~
~
0118101200
Meter was read incorrectly by homeowner~
($131.91)
Montesano
34 Saratoga Road
~
~
Reading was verified and changed
~
~
~
~
~
from $503.54.  to $396.80
~
~
~
~
~
Water  & Sewer
$1,794,528.46
~
~
~
0119106000
Computer calculated consumption incorrectly
($166.92)
Jette
596 Saratoga Road
~
~
Recalculated and changed
~
~
~
~
~
from $197.07 to $40.00
~
~
~
~
~
Water only
$1,794,361.54
~
~
~
0128106300
Clerical error in entering reading
($141.00)
Green
147 Birch Lane
~
~
Reading was verified and changed
~
~
~
~
~
~From $237.07 to $96.07
~
~
~
~
~
Water only
~$1,794,220.54
~
~
~
0129105500
Homeowner read the wrong meter
($271.20)
Cole
142 Willow Lane
`
~
Reading was verified and changed
~
~
~
~
~
from $311.20 to $40.00
~
~
~
~
~
Water only
$1,793,949.34
~
~
~
0150300729
A second account was created for this address.
($40.00)
Cowles
729 Church Road
~
The second account was deleted after the billing
~
~
~
~
~
Water only
~
~
~
~
~
Corrected Warrant Amount
$1,793,909.34
~
~
~

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

Motion Carried

RESOLUTION NO. 140-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                WHEREAS, Glenville Partners LLC., has constructed a portion of Sarnowski Drive in the Town of Glenville extending the previously dedicated and accepted portion of Sarnowski Drive to allow for the construction of the Reserve at Glenville; and

                WHEREAS, Glenville Partners LLC., has dedicated said new portion of Sarnowski Drive and four utility easements to the Town of Glenville; and

                WHEREAS, the acceptance of this dedication has been recommended by the Commissioner of Public Works,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts the offer of dedication of the real property extending Sarnowski Drive and the four utility easements as described in the attached descriptions; and

BE IT FURTHER RESOLVED that the acceptance of the dedication of Sarnowski and utility easements shall become effective upon the approval of the deed and title by the Town Attorney and the Town Engineering Department; and

BE IT FURTHER RESOLVED that the Town Clerk of the Town of Glenville is hereby authorized and directed to record the deed in the Schenectady County Clerk’s office upon receipt of the above mentioned approvals of the Town Attorney and the Town Engineering Department.

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


Motion Carried

RESOLUTION NO. 141-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

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

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

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

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

Motion Carried

RESOLUTION NO. 142-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                BE IT RESOLVED, that the minutes of the regular meeting held on July 16, 2008 be and they hereby are approved and accepted as entered.

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

Motion Carried

RESOLUTION NO. 143-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS, the Town Board has recently approved the construction of sewer improvements within Extension No. 7 to Sewer District No. 9 commonly referred to as the Woodcrest Sewer Project; and

                WHEREAS, the Commissioner of Public Works stated that specifications have been prepared for the advertising of bids for the construction of sewer improvements to Extension No. 7 to Sewer District No. 9; and

                WHEREAS, pursuant to Section 103(1) of the General Municipal Law, it is required that this Town Board publicly advertise for bids,

                NOW, THEREFORE, BE IT RESOLVED, that this Town Board acting for and on behalf of Sewer District No. 9 of the Town of Glenville, does hereby authorize the advertising for bids for the construction of sewer improvements to Extension No. 7 of Sewer District No. 9 in the Town of Glenville, at a date and time to be determined by the Commissioner of Public Works.

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

Motion Carried

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

                The Town of Glenville Town Board Meeting was adjourned at 8:35 PM.






                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk