Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 9/17/2008
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
SEPTEMBER 17, 2008
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

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

Absent: Councilmen Edward F. Rosenberg and Christopher A. Koetzle were absent during roll call; Councilman Koetzle arrived at 7:40 pm and Councilman Rosenberg arrived at 8:15 pm

                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.

Privilege of the Floor:

                No one wished to speak.

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                For the last week the town board has been involved in budget reviews.  On the 10th and on the 12th we met with the department heads to go over the proposed budget for 2009.  We all know that revenue is flat and expenses primarily based on contractual work, but there are other expenses involved in this year.  We have the budget through August here so look it over, make your notes and let’s discuss this at the next work session meeting.  It allows us at least to have that much of an historical data as well as projections that are obviously based on historical activities.

                On the 2009 Tentative Budget a couple of things, one now that we have done the activities we have gone through already, I need any final thoughts and final recommendations that you have got on that budget because I am the guy who is responsible for turning in the tentative budget by the end of this month.  Please share with me any thoughts and ideas especially about the appropriations and expenses.

                We are using for a bench mark, if you haven’t already noted the consumer price index increase for the year as far as we can tell right now we are using the 6% as the CPI for the year.

                We all sit on the Schenectady County Aquifer, all five towns and the city are part and parcel of that one water source; finally the Governor has signed legislation that increases the fines for the Intermunicipal Watershed violations.  Now the fines have gone up to $1,000 per day plus there are penalties to include possible jail time and that wasn’t so in the past.

                On the 24th of this month I will attend the Schenectady County Military Affairs Council meeting.

                On the 30th I will attend the Local Government Council meeting.

                On the 3rd of October I will attend the Schenectady County Inter- Municipal Council meeting.

Town Administrator Report:

                The first thing I would like to talk about is the budget process now that we have had department head budget meetings our next step is to meet with department heads and review the appropriations and more importantly to take a look at sources of revenue and make sure we have the most up to date numbers that we possibly can get our hands on.  We will be talking to County Officials about anticipated tax revenues; we will be looking at all of our fee accounts as well as doing the projecting that we would normally do, we will then provide that information to the Supervisor and he will then take it to the next step.

                If any of you have any additions to the budget process that you were involved in last week or obviously any questions, please let us know.

                I am going to talk about a couple of on-going projects the first of which has to do with a resolution that is in front of you tonight and it is the Woodcrest Sewer Project.  As you know we have been working that project for probably a period of 1½ to 2 years.  This involves 19 benefit users in the Woodcrest subdivision and about 1½ years ago we sent that to the State Comptroller’s Office as is required to seek approval for the amount of debt that would be incurred as a result of building that sewer system extension.  The total project cost was about $290,000 which included engineering as well as the build out.

                About two weeks ago we issued bids to the construction world on the build out on that system and today the bids were opened and unfortunately the lowest bid that came in is $100,000 over the construction price.  We’re analyzing those bids now.  The Superintendent of Highways is looking at a number of options to try and keep this project moving forward.  We are also trying to determine why the bids are higher then the contracted estimated amount?  So, we are still looking at options, there is a possibility for a redesign of this system that would not require the digging of pipe maybe we could look at the pushing of pipe which could reduce significantly the cost to install and Commissioner LeClair and staff will continue to work through that and let everybody know.

                I also want to mention on a positive note that the Alplaus Sewer Project, according to the Commissioner are on schedule for an October 4th completion date and that would give residents a good solid two months to hook up.  That system should be up and running in a couple of weeks.

                The third project that I want to talk about is right outside our door, the Hampton Run Project.  Some buildings have gone up, the temporary road has been put in, the drainage system and drainage pond have been put in for water run off.  We are working with the developer right now to take a look at the site elevation.  As you all know, even though we don’t have a plan yet, NY Development is proposing to put in a road that would connect Glenridge Road down through the airport property; that will be the permanent access way eventually for the Hampton Run site.  We are in the process of meeting with both developers to make sure we have an understanding of where that access road will actually be.  There are also some drainage problems as a result of the build out of this project on the eastern end of the project, Wilson Drive, and the developer is making provisions now to take care of any remaining drainage problems.

                The final note on development, positive note, yesterday afternoon there was a pre-construction meeting with the Lowe’s development team.  They are planning to come into town and start site prep next week.  Everything is proceeding according to what it has to to allow that to happen.  They have indicated to us that the current time that the utilities still need to be moved, that will be a project that will probably occur in the late fall through the early winter.  Once that has occurred on Freemans Bridge Road they would then start the construction of the build out enhancements that they have agreed to do at their cost to Freemans Bridge Road.”

                Councilman Quinn – “Regarding Woodcrest Sewer Extension, this delay that you talked about do you know how it will effect the total time table in terms of the project?”

                Mr. Germano – “We are looking at that now, if we are one dollar over the $290,000 approved by the State Comptroller, as you know, we have to go back to them for approval again so we are looking at ways that we can accomplish this project and provide everybody with necessary sewer while keeping that price.  If we can’t then we would most likely have to go back to the State Comptroller.  One thing we will need to do very soon and the Commissioner is working on that, is have a meeting with those nineteen residents to make sure that they understand where we are in the process and talk to them about potential options but once those options are available we want to review them with you and then go out and meet with those residents.

                I wish I could say that it is a matter of a couple of weeks but I think it is going to be longer than that.  If we can come up with a redesign that keeps us within budget then we could go back out for a board authorized bid for a second time.  There is a chance this project could be completed before the winter comes.”

                Councilman Quinn – “I think I already know the answer to this question.  When we go out to bid on a project like this are the bidders aware of the fiscal constraints that are already placed upon us by the Comptroller’s Office?”

                Mr. Germano – “Yes, I believe they are all familiar with how this process unfolds and what the requirements are.  We did on this project, run into some soils that were not good soils as a result there was some added costs to take out which is called bad soil and then if you have pipe going through good soil and bad soil, the freezing and unfreezing causes a tremendous shift.  We also believe that fuel costs contributed to the increased cost to accomplish this project.  So there are a number of factors that contributed to it.”

                Councilman Quinn - “I guess my question is if they know what kind of fiscal constraint we are under are they aware during the process that they can only go to certain amounts and still be competitive?”

                Mr. Germano – “Do we publish the bottom line in terms of available dollars?  No, that’s not something that we do, that’s not something that is required to be done but you know they could certainly ask for that information and we could provide it.”

                Councilwoman DiGiandomenico – “I just want to update the Town of Glenville’s News and Events mailing list.  We have implemented a new way of keeping our residents informed of events and meetings that are occurring in the town.  Whenever a new event or document is posted to the web-site you have an opportunity to receive a copy of that posting in your personal e-mail box automatically.  It won’t be necessary to visit the web-site although we encourage you to do so.  In order to enroll in this service simply click on www.townofglenville.org go to the bottom of the page under Glenville News and Announcements, click on receive News and Events in your e-mail.  Presently there is a printable copy of your Glenville school tax bill.

                The second thing is energy costs.  As you know we are all concerned about energy costs now and for the coming winter.  The Glenville Senior Center will hold two seminars to help the public learn how to cope.  These free seminars will be held on September 26th and October 24th at 1:30 pm at the Senior Center and will include presentations, a question and answer session as well as the one on one discussion.  The program is entitled “Energy, Smart Ways to Lower Fuel Costs”.  Learn about low costs and no costs ways to save energy and reduce your energy bill.  Also learn about programs that can help you afford energy efficient improvements, with subsidies, low interest loans, free services for qualifying households.  Participants will receive a free energy kit including weather stripping, shrink wrap window installation, outlet and light switches, gaskets and more.  No pre-registration, again those dates are September 26th and October 24th at 1:00 pm at the Senior Center.”

RESOLUTION NO. 148-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss a two (2) personnel matters.

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

Motion Carried

                Supervisor Quinn adjourned this portion of the meeting at 7:56 p.m. and entered into Executive Session.

                Time being 8:27 pm Supervisor Quinn reconvened the meeting.  No action was taken.

Town Council Reports:

                Councilman Quinn – “In the Public Safety arena we have two pretty monumental resolutions regarding our communications console tonight.  We will certainly discuss the merits of those and the expense of the system at that point when we entertain the resolution but before we do that I would just like to thank the folks that were involved in the process namely the Public Safety Committee with the Chairmanship of Joe Homer, they did a terrific job in marshalling this process.  Lee Palmer who was our consultant from NYSTEC, certainly Chief Ranalli and Lieutenant Conley who now enjoy status as communication consultants through no fault of their own.  They did a terrific job, really they spent a lot of operational time on the analysis in collecting the data and interacting with various entities and I just want to thank them all and any other staff that I am forgetting within the department please extend our thanks.”

                Supervisor Quinn moved ahead with the agenda items.

Discussion…

                Councilman Rosenberg – “Essentially this is the one that we just had the public hearing on.  There has been a small change from the public hearing as they down graded the request.  Still looking for the same zoning but the proposal has been reduced from 18 units to 16 units.”
RESOLUTION NO. 149-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, Bordeau Builders has submitted a zoning map amendment application to rezone 69 Saratoga Road, as well as 3, 4, 5, 6 and 7 Dover Place, from Mixed Use Planned Development to Residential Planned Development for the purpose of constructing a two building, 16-unit apartment complex on the Saratoga Road parcel; and

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

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

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

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that the proposed zoning map amendment by Bordeau Builders 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 a zoning map amendment from one form of Planned Unit Development to another.  The original proposal called for an office building, plus five homes which have already been built on Dover Place.  This proposal would substitute a 16-unit apartment project for the office building.  The physical and environmental impact of the apartment project would be comparable to the impact of the office building, which was previously issued a SEQRA “Negative Declaration.”  In other words, in the judgment of the Town Board, this proposal will not result in a significant adverse environmental impact.

·       From an environmental impact assessment point of view, this is a reasonable proposal, given the fact that the property in question fronts a busy State highway.  A relatively small apartment complex at this location should not trigger any significant environmental impacts, in consideration of existing noise levels associated with Route 50 traffic, and the fact that an open space buffer exists between the Dover Place residences and 69 Saratoga Road.  

·       This action will not significantly impact air quality, ground water or surface water quality, archeological resources, recreational facilities, etc.  Air quality impacts from the apartment proposal will be negligible in a setting where 15,000+ cars per pass in front of the site on a daily basis.  The fact that this project will be served by public sewer will minimize any impacts on ground water quality.  Surface water/runoff will be adequately managed per the Town’s MS4 storm water regulations.  There are no historic structures or uses on the site, nor is the site used for recreational purposes.

·       This proposal will not impact any agricultural resources.  The property in question is not located in an Agricultural District and it is not being used for agricultural purposes.  Further, given the fact that this is a small property surrounded by single-family home development, it is not well-suited for agricultural use.

·       This action will not create a hazard to human health, nor will it result in a major change in either the quantity or type of energy to be used.  The development of additional housing units in a residential setting does not pose a health hazard.  The construction of 16 apartment units is inconsequential from an energy use perspective, especially in a municipality with over 11,000 housing units.  

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

Motion Carried

Discussion…

                Supervisor Quinn – “When we look at any of these zoning things, zoning articles in our case there are factors to be considered.  In making any decision on a proposed zoning map or zoning text amendment the Town Board shall consider recommendations of Planning and Zoning Commission as well as the concerns and comments that were raised during a public hearing, which we have done.

                The following factors are to be considered:

·       Whether the proposed zoning amendment will be compatible with the Town of Glenville Comprehensive Plan?

·       Whether the proposed amendment will be compatible with neighboring land uses?

·       Whether the zoning amendment will preserve nearby land values?

·       Whether the character of the neighborhood will be preserved following this amendment if it passes?

·       Whether the proposed zoning amendment is compatible with the various other purposes of this ordinance as identified in the base ordinance Article 1?

                So those are our criteria’s, there may be lots of things that we like or dislike about any project on any property but that is our criteria on voting.”

                Councilman Rosenberg – “The initial proposal was for two buildings consisting of eighteen units with ten detached garages and they did, based on some comments from the Board, reduce that down to sixteen units with ten detached garages.  My own personal comments on that would be that this is according to our Planning Department; there is a need for this type of residence in the town.  It seems to be well positioned, I did make a site visit there myself, and it seems to be a good spot for it.

                There were no public comments at the public hearing.”
                Councilwoman DiGiandomenico – “There are sixteen units and only ten garages, is there anyway that they could incorporate the garages in with the condominium?”

                Councilman Koetzle – “I would like to explain my vote.  I am voting no for this resolution based on the criteria that you set forth just a moment ago.  I am very concerned, I still have not yet seen any data that would suggest to me that we are not over developing the town with this type of housing based on what’s been approved already and what is in the pipeline.  When you read the resolution it says “the development of a complex on this property should not negatively effect nearby property values”.  I have seen no data what so ever to support that statement although I have asked for it on many occasions.  We do have in our Comprehensive Plan that we do need more of this housing, it is not specific and it doesn’t give us the threshold of what point this is going to start hurting the values of the existing home stock within the town.  So, I am not comfortable moving forward at this point, I don’t know what the long term impact is going to be on the values of the existing stock.”

                Councilman Quinn – “I am voting yes, but I have to say that Councilman Koetzle’s point is well taken and I think that going forward it’s probably something in terms long-term trend we should look at in terms of data analysis.  I don’t want to indict any one developer based on a trend which may or may not occur, I don’t think that’s fair.

                I am voting yes but I agree with Councilman Koetzle that going forward we have more of that data available to see what the long term trends are of evaluations are especially on adjoining properties.”

RESOLUTION NO. 150-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

                WHEREAS, Bordeau Builders has submitted a zoning map amendment application to rezone 69 Saratoga Road, as well as 3, 4, 5, 6 and 7 Dover Place, from Mixed Use Planned Development to Residential Planned Development; and

                WHEREAS, the purpose of the proposed rezoning is to allow the applicant to construct a two building, 16-unit apartment complex, along with 10 detached garages in two buildings, at 69 Saratoga Road; and

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

                WHEREAS, the Town of Glenville Planning and Zoning Commission recommended that the Town Board approve this proposed zoning map amendment; and

                WHEREAS, the Schenectady County Planning Department, pursuant to Sections 239-l, 239-m and 239-n of General Municipal Law, reviewed this application and have deferred to local consideration, meaning that a super-majority vote of the Town Board is not required to approve this application – a simple majority is sufficient;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby approves the proposed zoning map amendment by Bordeau Builders to rezone 69 Saratoga Road, as well as 3, 4, 5, 6 and 7 Dover Place, from Mixed Use Planned Development to Residential Planned Development; and

                Be it further resolved, that the approval of this zoning map amendment application is based on the following findings:

·       This proposal is reasonably consistent with various goals and objectives of the Town of Glenville Comprehensive Plan, which call for a mix of housing types and provision of housing for a variety of demographic and income groups.

·       A 16-unit apartment project in this location is reasonably compatible with neighboring land uses.  The property is located in a residential setting, which includes single-family home development as well as a 28-unit senior apartment building 600 feet to the northeast of the Bordeau property, on the opposite side of Route 50.  And with public water and sewer both being available at this site, and given the property’s location on a State highway, where high traffic volumes tend to discourage traditional single-family home development, the Bordeau Builders property is well-suited for multi-family development.   

·       The development of an apartment complex on this property should not negatively affect nearby property values.  The Bordeau proposal calls for a relatively small apartment project in a residential setting.  Further, throughout Glenville there are several areas where multi-family projects co-exist with single-family neighborhoods, with no apparent impact on nearby property values.  Property assessments of single-family homes near multi-family projects in Glenville do not indicate that multi-family projects bring down the value of single-family homes.    

·       This proposal is compatible with various other provisions of the Town of Glenville Zoning Ordinance, including one of the objectives of the Zoning Ordinance, which states that the zoning regulations are designed to “Increase housing options so as to accommodate a broader spectrum of demographic groups, including senior citizens, single-parent households, minorities, young married couples, and other low to moderate income socioeconomic groups” [Article I – Section 270-2H].  

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

Motion Carried

RESOLUTION NO. 151-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

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

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

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts and approves the purchase of a new radio system at a cost of 1.5 million dollars, and that the Town Comptroller is authorized to bond this cost over a ten year period; and

                BE IT FURTHER RESOLVED that the Town Supervisor is authorized to enter into a contract with Capital Digitronics of 264 Bradford Street, Albany, New York 12206, a State Contract authorized vendor for radio systems and other sub vendors used by Capital Digitronics for the purpose of completing this project; and

                BE IT FURTHER RESOLVED that the Town Supervisor is authorized to enter into a contract for a “Clerk of the Works” to oversee the project and make sure that everything is done properly and working.

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

Motion Carried

RESOLUTION NO. 152-2008

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

BOND RESOLUTION, DATED SEPTEMBER 17, 2008 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,515,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF PURCHASE AND INSTALLATION OF A POLICE RADIO COMMUNICATION AND TRANSMISSION SYSTEM

WHEREAS, the Town Board of the Town of Glenville, in the County of Schenectady, proposes to purchase and install a police radio communication and transmission system;

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 $1,515,000 and has and hereby determines that such payments are in the public interest of the Town;

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 ten (10) 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 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 $1,515,000 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 purchase and installation of a microwaved based simulcast analog megahurtz  radio communication and transmission system for the Town of Glenville Police Department consisting of a main console, radios for the console, antenna systems with TTA and dishes and cables and a master clock necessary for the operation of a police department  communication and transmission system.  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 25. of Section 11.00 of the Local Finance Law, namely, the purchase and installation of a police radio communication and transmission system.

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.

SECTION 5.  The Supervisor of the Town is hereby authorized to designate the bonds as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of l986, as amended, if the Town does not issue in excess of $10,000,000 of its general obligations in the calendar year in which the bonds are issued.  The Town covenants it will take any necessary action, do all things and not take any prohibited action to insure that the interest on the bonds will be exempt from Federal income taxation at all times.

SECTION 6.  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 7.  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 8.  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 9.  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 10.  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 11.  Prior to the issuance of obligations authorized to be issued by this bond resolution, the Town Board of the Town shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York Department of Environmental Conservation, all orders of the New York Department of Environmental Conservation and all applicable Federal laws and regulations in connection with environmental quality review relating to the specific object or purpose authorized to be financed herein (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Town Board of the Town will readopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Town Board of the Town that the project will not have a significant effect on the environment.

SECTION 12.  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. 153-2008

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

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

                Assessor Department
                Building Department
                Dog Control
                Highway Department
                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. 154-2008

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the minutes of the regular meeting held on August 20, 2008 be and they hereby are approved and accepted as entered.

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

Motion Carried

Discussion…

                Supervisor Quinn – “We have been reviewing the town’s use of electricity as well as natural gas.  We have been trying to figure out how best we can save like everybody else.
                The Power Authority of the State of New York has offered to conduct an audit and a feasibility report for identifying opportunities where we might make some savings.”

                Councilman Koetzle – “This is actually step two of a two step process that we are working on with changing our energy provider which we authorized at our last meeting.  This portion of it is an audit looking at all of our usage, town wide.  It is a cost free audit and it really does not mean we have to follow the recommendations but if we do follow the recommendations there are components of this program that offer very low interest loans that use the energy savings to pay back the loans.  Once that is done then the town will realize all of the savings from the program.”

RESOLUTION NO. 155-2008

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town Board has been reviewing the Town’s use of electricity and natural gas in an effort to determine whether cost saving measures can be implemented, and

                WHEREAS, the Power Authority of the State of New York has offered to conduct a facility audit and feasibility report which would identify opportunities for energy savings procedures which might be implemented to reduce energy costs and realize environmental benefits in facilities owned and operated by the Town of Glenville, and

                WHEREAS, the energy audit to be performed by the Power Authority of the State of New York will be provided at no cost to the Town of Glenville.

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the Town Supervisor to enter into an agreement with the Power Authority of the State of New York to conduct a facilities audit and feasibility report for the Town of Glenville and to execute any agreements in connection therewith, at no cost to the Town.

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

Motion Carried

New Business:

                The Board members decided to get together to discuss the ’09 budget next week.

                Motion to adjourn was moved by Councilman Rosenberg; Seconded by Councilwoman DiGiandomenico.

                The Town of Glenville Town Board Meeting was adjourned at 8:56 PM.


                                                                ATTEST:


______________________________
Linda C. Neals
Town Clerk