Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 10/21/2009
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
OCTOBER 21, 2009
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 7:00 PM; Councilman Koetzle 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 Rosenberg informed the board members that part of his being the President of the Scotia BID is he will be meeting with most of the BIDS in the capital region, it is a state mandate.  He stated that he hopes he can get some information from that meeting and bring it back to this Board.  He further explained that the state is trying to encourage the BIDS to work together.

                Supervisor Quinn – “Item number 5 on the agenda is a public hearing to consider any objections which may be made to the Assessment Roll for Water District No. 11 and Extensions No. 1 through 35.”

                Supervisor Quinn opened the public hearing at 7:10 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:11 pm.

                Supervisor Quinn – “Item number 6 on the agenda is a public hearing to consider any objections which may be made to the Assessment Road for Sewer District No. 9.”

                Supervisor Quinn opened the public hearing at 7:12 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:13 pm.

                Supervisor Quinn – “Item number 7 on the agenda is a public hearing to consider any objections which may be made to the Assessment Roll for Acorn Drive Sewer District and Sewer District No. 6 Woodhaven.”

                Supervisor Quinn opened the public hearing at 7:14 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:15 pm.

                Supervisor Quinn – “Item number 8 on the agenda is a public hearing to consider any objections which may be made to the Assessment Roll for Alplaus Sewer district No. 1 and Extension No. 1.”

                Supervisor Quinn opened the public hearing at 7:16 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:17 pm.

                Supervisor Quinn – “Item number 9 on the agenda is a public hearing to hear all persons interested in a proposed local law to amend the Code of the Town of Glenville, Chapter 255 “Vehicle and Traffic”, “Speed Limits”.

                Supervisor Quinn opened the public hearing at 7:18 pm.

                No one wished to speak; Supervisor Quinn closed the public hearing at 7:18 pm.

                The following people exercised the Privilege of the Floor:

                John Rack, town resident expressed his feelings on the budget.  He stated that if Scotia tax payers are having an increase and Glenville tax payers are seeing a reduction that is going to be less money coming in then what we should have.  He stated that sales tax is going to be down.  He stated that he feels we should keep everything even and give everybody the same either increase or decrease.

                Supervisor Quinn explained that part of the reason one went up $5.00 and the other went down basically $5.00,is that there are three funds involved in the main part of the budget of which the Village is involved in one and the rest of the Town in all three.  The Supervisor further explained it happens by the mathematics of it all that that’s why the Village had a different rate than the Town which is typical of every single year, it could be higher or lower any year for either fund.

                Scott Bryson, town resident expressed his concerns as everybody on the Board is reviewing the new proposed budget.  He stated that the board needs to hold the line on no tax increases.  He stated that due to a different leadership about four years ago the town taxes were raised and that they gave away our town to special interest in union demands.  He further stated that we now have some of the most ludicrous rules that he has ever seen in a town when it comes to contracting services out.  Mr. Bryson voiced his concern that the group he represents was not heard last year when they asked the Board not to raise taxes and that they are hoping this year that their voices will be heard.  He asked the board to be strong and cutting when it comes to negotiating our upcoming union contracts and be willing to make the cuts to maintain a zero budget for the hard working citizens of Glenville who are feeling the impact of the financial crisis that our nation is in.  He stated that his group is asking the board to listen and endorse the proposed budget as is.

                No one else wished to exercise the privilege of the floor.

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                October 22nd at 10:00 am the representatives from the Baptist Retirement Center will be here to update us on their proposed development located on Swaggertown Road.

                October 27th attending the monthly meeting of the local government council which is part and parcel of the Center for Economic Growth?

                Our next board meeting is on Wednesday, November 4th, and I will be out of town on Wednesday, the 28th but if you want to have a work session you may.

                All of you received your copy of the September financials and as you can see on revenues we are over but the bulk of what we are over on revenues has to do with the funds that we were reimbursed from FEMA, about $556,000 or 89% of our projected revenues are due to that FEMA money.

                On the expense sheet as you can see we are under about $428,000 but more than that is due to our health insurance.  If you back out the health insurance, the money we did not have to spend on employee health insurance we are actually $22,000 over so fundamentally we are on budget.

                You have some information that was passed out tonight; we were working on them all the way up until tonight’s meeting.  The question usually comes up, since we are going to talk about fund balance, you can see the fund balance amounts and what they were from ’05, ’06, ’07, ’08 and ’09 and of course ’09 is an estimate the others have all been audited.  You can see the 3.1m is the fund balance, we could have if this all works out, if the budget stays where it is, no emergencies or unanticipated expenses we could, if nothing changes as a result of our discussions tonight and or when we vote the preliminary budget tonight and the final budget in November.

                You have a second handout that is a summary of the proposed changes to the tentative budget that have happened as a result either of submissions by our town board members or the upkeep and updating of current funds that we have either revenue or expenses, so those are the adjustments.  On the back of the handout you can see the total proposed net savings on the appropriations side is about $16,000 and change.”

                Councilwoman DiGiandomenico – “I noticed on the ’09 fund balance that the amount applied to offset the levy and then you have un-appropriated, there is a difference of $233,492 and I was wondering what that difference was, how did you get to that total?”

                Supervisor Quinn – “Giving that we are making adjustments as we go, you can see that we are saying that is an estimate, so that is as close as we can come to the estimate up to tonight, the $2,000 difference.”

                Supervisor Quinn moved ahead with the agenda items.

                Supervisor Quinn – “Item #12 is a resolution regarding the Community Business Development Grant repayment for Solid Surface Craftsman, which deals with their request for deferring some of the payments out another year.”

                Councilman Quinn – “Just by way of explanation the Town of Glenville is the recipient of funds made available through the New York State Governor’s Office for Small Cities Economic Development.  The Town has made such funds available to Solid Surface Craftsman, which does business at 144 Freemans Bridge Road, as a low interest loan and job creation project.  This promissory not was finished on October 22, 2007 and the terms of that loan presently involve a two year where by the repayments are made as interest only.  The Town Board has determined that economic conditions justify modification of the terms where by we would be extending that period to three years as requested by the owner in order to facilitate the creation of jobs as intended in the agreement.”

                Councilman Koetzle – “As I understand it the State of New York, Division for Small Cities has endorsed this change to the agreement?”

                Tony Germano replied – “That’s correct.”  (Did not come to the microphone therefore the entire reply was not recorded.)

                Councilman Koetzle – “So the State is okay with it.”

                Mr. Germano – “Yes”

                Supervisor Quinn – “They actually built it into the program itself so it’s not like they are endorsing it, they are saying it is fine and dandy, this is reality in this economy and that’s okay within the terms and conditions of the grant.”

                Councilman Quinn – “If I recall correctly our conversation at the work session pointed out that, for lack of a better term, we’re really a facilitator in this process we are not necessarily the holder where by we’re getting extra money into the town coffers.  We basically facilitate the process.”

                Councilman Koetzle – “We would get extra money into the fund though correct?”

                Councilman Quinn – “Correct, to use at a later date.”

                Supervisor Quinn – “So once this is paid off the money is available back into the town to keep going so it’s not like we’re paying back New York State.”

                Councilman Quinn – “Exactly”

                Councilman Rosenberg – “I would like to make a motion to table this item until after the election.  As everybody here knows the person, Mr. Boulant that’s requesting this is actually running for the Glenville Town Board in the November election.  He is running against me and is running along side of Councilman Koetzle so I recommend we try to avoid any foul play on either side if we postpone this until November.

        Motion to table; Moved by Councilman Rosenberg; Seconded by Councilwoman DiGiandomenico.

                Councilman Rosenberg – “I don’t think tabling it for one more month is going to change anything and the fact that we can do it again in November if we so choose.”

                Councilman Koetzle – “As I understand it his payments become the principal and interest becomes due in November and so once that kicks in is there a way to step back from that?”

                Mr. Germano – “The contract could be still binding based on board approval.”

                Supervisor Quinn – “The Board will be meeting on November 4th.”

                Councilman Koetzle – “Do we know when it’s due in November?”

                Attorney Dickson – “It’s due October 27th.”

                Councilman Koetzle – “But if he made the full payment we could still go back and alter the agreement, back to interest only?”

                Supervisor Quinn – “Yes, to table until first meeting in November.”

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

Motion Carried


                Supervisor Quinn – “The following resolution authorizes the bonding to purchase one new 2010 Mack Granite with Henderson Body and Plow under State Contract.  We have been debating this, we passed a resolution to do it, and this is an authorization to actually pay for this by bonding it.  The next item is if this does not pass then the resolution to authorize the purchase through the fund balance.  So, we are committed to buy a truck and these next two resolutions are the way to pay for it.”

Discussion…

                Councilman Quinn – “At the work session, at one point and time I was in favor of a five year bond, in reading through this I’m seeing ten years…

                Councilman Koetzle – “I am seeing fifteen.”

                Attorney Dickson – “In anticipation of this I talked to bond council over this week.  I asked her two questions; would it be appropriate for the town board to actually insert a requirement that it be paid back in five years.  Secondly if the town board wanted to bond less than the full amount would it be appropriate to decrease the amount to be borrowed and she said in both instances pass it as it is for the following rational:  this is authorizing the Town Board to borrow, it does not set the term of repayment and what the bonding resolution should recite is the useful life of the product that you are buying which is 15 years and it also sets the maximum amount you can borrow.  You’re not constrained by the terms of this resolution to borrow the full amount of $260,000 or to take the full fifteen years to repay.”

                Councilman Quinn – “Can I assume by separate resolution it will be setting forth the term at a later date or no?”

                Attorney Dickson – “I don’t think that has been done but George has been paying these things off in five years for a long time even though the bonding resolution permits a more lengthy payback period and I don’t think you have had resolutions requiring that.”

                Councilman Koetzle – “So if this bond was to pass we do not know what the term would be, what the payment would be necessarily and I guess as a function not knowing the term we might not know the interest rate.”

                The Comptroller responded again but did not come up to the microphone.

                Councilman Koetzle – “When we bonded the communication system there was a set term on that bond, wasn’t there?”

                Again the Comptroller responded from the back of the room.

                Councilman Koetzle – “So the useful life for this we are saying is fifteen.”

                Attorney Dickson – “The useful life of these assets set forth at law, there’s no discretion.  A truck of this nature under the local finance law is fixed with a useful life of fifteen years.”

                Councilman Koetzle – “The useful life was ten years for the communication system and we set that within the resolution, that term of that bond…

                Comptroller – responded from the back of the room “no” but could not hear the rest of the comment.

                Councilman Koetzle – “I am confused as to why that resolution had a term within the resolution, this resolution does not.  If I am hearing you correctly you are saying when we bonded, just two minutes ago you said historically that doesn’t happen and we don’t set the term but I am remembering that we did not too long ago.  So I am a little confused as to what the recommendation here is.  Why do we set the term on that bond but we are not setting it on this bond?”

                Attorney Dickson – “I suspect that you didn’t set the term and that the bonding resolution recited that the useful life of that asset was ten years.  You didn’t try and set the term, you just said we’ll pay it off over its’ useful life which in this case would be fifteen years.”

                Councilman Koetzle – “I think this comes as a little bit of a surprise for us and I am not sure that is exactly correct.  I would like to make a motion to table this because I do not think we have enough information to make the right decision.  I think we need to discuss this a little more.  Councilman Quinn is correct, last we talked we had talked a five year term, we didn’t talk leaving this kind of wide open at the discretion of the highway superintendent.”

                Supervisor Quinn – “The other discretionary piece is where can we get the best rates on the bond market?  This as I read it and understand it allows us the maximum flexibility to go forth with the bonding not precluding or prohibiting us from paying it off in a much shorter period of time with what ever the conditions are for the floating of the bond so I don’t have any trouble with the original comment that you made, but I am also looking at this and saying where can we get the best terms and rates for the payoff giving the current economy and the tightness of money.”

                Supervisor Quinn asked for a second to Councilman Koetzle’s motion to table the bond resolution; no one seconded the motion.

                Supervisor Quinn – “My understanding is because of the amounts of money involved here this is one of those transactions that requires what is referred to as a “super majority” so four of the five Town Board members have to vote yes in order to pass this resolution.”

                Councilman Quinn – “It’s been mentioned that by default if it doesn’t pass the “super majority” would we automatically go to the fund balance option?  I guess my question there is is that earlier resolution that allowed us appropriation without any kind of set method that we passed a couple of weeks ago, it didn’t give us a choice, it said that we were in a position to purchase this truck but I guess my question is why by default would we have to do the fund balance immediately?”

                Attorney Dickson – “You don’t, I am just saying that if eventually no one passes a bonding resolution you’re going to have to pay for it and you are going to have this fund balance available.  Not to say that if this resolution failed tonight could be re-visited at some point in the future maybe next month or maybe next year a new town board would feel different about it.  You’re not going to pay for this for sometime, so your options are still opened certainly even if you pass this bonding resolution, if I understand bond counsel she is telling me that doesn’t mean you actually have to borrow it it is just an authorization to borrow it.”

                Councilman Quinn – “I wanted to clarify this because with the appearance of both of these back to back on the agenda it almost looks like we are painted into a corner tonight and I wanted to make sure that wasn’t the case.”

                Councilman Rosenberg – “My feeling is that if we choose to bond this tonight and that money is not used or not spent we will have additional funds in the fund balance that we could decide to not bond the truck.  This gives us the ability to bond and we won’t need to take that bond until next year.  I am not comfortable with using fund balance now as we see it but the estimate is already lower than last year and the potential here is to subtract another $260,000 from that so I would prefer to go forward authorizing the resolution to bond and at the end of the year when we count our pennies and we actually know what’s left in our fund balance.  I am hoping as in the past years we’ll have the money to pay for the truck.”

                Councilman Koetzle – “The question is what’s the reason to go ahead and bond now why don’t we just wait and make that decision at the end of the year?”

                Councilman Rosenberg – “I would like to be able to bond it so that the money we have in our fund balance, we have a budget we have to produce right now for the public and right now I would prefer not to spend.”

                Councilman Koetzle – “But legal counsel is telling us we don’t have to spend it right now, at some point he is saying.”

                Councilman Rosenberg – “I am saying for discussion purposes if we don’t have a plan to bond it we have to plan to pay cash…

                Councilman Koetzle – “I understand that but Councilman Quinn just asked our counsel are we painted into a corner and his response was “not immediately” we still have time.  So the question remains why do we have to make a decision on a bond tonight when we could wait until the end of the year and make a decision then with all the facts in front of us.  Why put the bond on the table and put us in a box, why not wait until we make that decision at the end of the year, either bond it…

                Councilman Rosenberg – “A bond doesn’t put us in a box.  We don’t have to take the bond.”

                Councilman Koetzle – “But if the Board votes to authorize to take the bond, it’s something that can happen automatically at the end of the year.  Eric, I assume it would be at the end of the year this bond would have to be acted upon.  What is the life of this resolution?”

                Attorney Dickson – “It’s immortal.  Tony, when is the truck going to be delivered?”

                Tony Germano – “In about 9 to 10 months.”

                Attorney Dickson – “So it does have budget consequences.”

                Councilman Koetzle – “So it has to be acted on within 10 months.”

                Attorney Dickson – “Well you are passing a 2010 budget, or you are in the process of that right now so I suppose if you have to make a payment of $260,000 out of the 2010 budget this is an appropriate time to be discussing how you are going to do it.”

                Councilman Koetzle – “Could we amend the budget later in the year even once it is passed?”

                Attorney Dickson – “Yes, we could do line item transfers.”

                Councilman Koetzle – “So again I still don’t see the rational for rushing into a decision at this moment and voting for the bond…

                Attorney Dickson – “I see the potential problem being that you don’t provide for the payments in cash of this $260,000 and if the town is unwilling to bond it then you have to have an unanticipated appropriation from fund balance during the calendar year 2010 which may strap you.”

                Councilman Koetzle – This was ill advised from the beginning, there is no question about it and I think you just illustrated why.”

                Supervisor Quinn – “Some might claim, too bad we didn’t do it right the first time when we passed the resolution to authorize but now for those of you that aren’t aware at another meeting this year we passed a resolution to go forth and purchase the truck.  Unfortunately we did not pass in that same resolution the funding source for it so tonight we are dealing with that.”

RESOLUTION NO. 143-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

BOND RESOLUTION, DATED OCTOBER 21, 2009, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $260,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF PURCHASING EQUIPMENT CONSISTING OF ONE 2010 MACK GRANITE WITH HENDERSON BODY AND PLOW EQUIPMENT

        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 of the purchase of equipment, i.e., one 2010 Mack Granite with Henderson body and plow equipment to be used for repairing, maintaining or removing the snow and ice and leaf and vegetation from roads in the Town at an estimated cost of $260,000 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 fifteen (15) 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 $260,000 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 of highway equipment namely, one (1) 210 Mack Granite with Henderson body and plow equipment to be used for repairing, maintaining or removing the snow and ice and leaf and vegetation from roads in the Town (the “Project”) 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 (28) paragraph a of Section 11.00 of the Local Finance Law, namely, the acquisition of  machinery and apparatus for construction and maintenance of any physical public betterment or improvement for the Town use.

        SECTION 4.  No current funds are required to be provided prior to the issuance of the bonds herein authorized to be issued or prior to the issuance of any bond anticipation notes pursuant to Section 107 of the Local Finance Law since the period of probable usefulness of the bonds herein authorized for the objects or purposes set forth above are provided for in Section 11.00 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, such amounts to be included in the levy of taxes on all taxable parcels of land in the Town, or allocated from the Town annual sales tax revenue received from the County of Schenectady.

        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.  Tax Covenant.  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 Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           Councilman Koetzle
Absent: None
Abstention:             None

Motion Carried


RESOLUTION NO. 144-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville retained Pat Dicesare to document insurance bids specifications and facilitate bids evaluation for general property casualty insurance and workers compensation, and

                WHEREAS, the bid from Cool Insurance Agency was the lowest responsible bid of $327,798 before expected dividend options; and before reimbursement from Volunteer Fire Districts of $78,475; and after recommended coverage additions for  the lines of general property casualty and workers compensation for the Town, and

        WHEREAS, the workers compensation Volunteer Fire Districts workers compensation costs of $78,475 is before expected dividend options and allocated by district as follows:
1162009_33417_0.bmp

                NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Glenville Town Board authorizes the purchase of services from Cool Insurance Agency for general property casualty insurance and Workers Compensation at a cost not to exceed $327,798 which is provided for in the 2010 budget.

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

Motion Carried
Discussion…

                Supervisor Quinn – “Various things needed to be adjusted and you can see what those adjustments are and what the total net effect would be on appropriations which are about $16,000.  The second, because you’ve asked in the past you can see you have the five years worth of what’s the unreserved un-appropriated fund balance.

                You know from our financials where we are with projections for the yearend.  Our discussions with the County, finance department says we should make what we have got shown in the budget even though you and I are reading in the newspapers the third quarter sales tax distribution across the state and in various and sundry counties is down.  Hopefully we will make it; we still have a fourth quarter to find out if that is going to happen or not.  Mortgage tax for the year looks like we are on budget for that to make the projection for the year end.  You and I are looking at the 2010 economy, we all can read and we know that people are saying this recession is not over, people are still loosing jobs and so on and so forth.  Who knows what will or won’t become stimulus money to help or hinder us?

                Therefore we’ve got volatility on both of those items, sales tax and mortgage tax on the revenue side.  Because NYS as we know has a budget deficit that has two kinds of implications, one they can curtail like they do in school districts the revenue distribution to the towns for various and sundry reasons.  As we have already experienced this year for 2010’s budget an increase in expenses that the State has passed down and here we are at the town.  Last but not least add the volatility of this 2010 budget you can see what is in the tentative budget for the unanticipated and emergencies in town.  We all know we lived through a big one last year with the snow storm but we may end up with lots of different things such as overtime for various and sundry departments.

                My caution to everyone is in putting this together as a tentative budget we did consider those factors because of their volatility.”

                Councilman Koetzle – “At the work session I asked for clarification on the salaries listed and then we put it here in the resolution, Town Highway Superintendent at $83,894; that includes the Commissioner of Public Works, I was told that we did not have to break those out because it only allocates up to…I am a little uncomfortable because the resolution doesn’t say establishes up to; it says it establishes the salaries at.”

                Tony Germano – “We actually did break it out on the last page that will accompany the Preliminary Budget.”

                Councilman Koetzle – “But it is stated in the resolution before us as one salary for one position.”

                Tony Germano – “If you go to the back of the budget you’ll see the salary of elected officials and what we did for the highway superintendent we now have Highway Superintendent/Commissioner of Public Works and we show the stipend for commissioner of public works at a separate listing of $9,800 plus his salary for highway superintendent which brings it to a total of $83,894.”

                Councilman Koetzle – “So this sheet will be changed?  This resolution also reflects the 1.5% increase and on the list of proposed amendments it reads eliminate the 1.5% for union and non-union personnel so this resolution doesn’t jive with the list of proposed amendments to the tentative budget.”

                Mr. Germano – “It doesn’t jive but if you were to decide to restore 1.5% then whatever we published on this schedule would be locked in so you don’t have to pay what is on the schedule but this would be the maximum amount that you would authorize as part of the budget.”


                Councilman Koetzle – “So to an outsider who may think that we are being a little bit disingenuous it appears like we are trying to eliminate our 1.5% before the election but we still have it in the budget in case we wanted to bring it back.”

                Mr. Germano – “We thought about that so we added a foot note to the bottom of this salary chart which says “funding to be authorized by the Town Board”.

                Councilman Koetzle – “I would feel more comfortable if we eliminate the 1.5% and not have the ability to bring it back.  If we are going to eliminate it let’s eliminate it why bring the 1.5% back later?”

                Mr. Germano – “We will amend the proposed amendments to the tentative budget to remove the 1.5%.”

                Councilman Koetzle – “On top of that, this resolution still says that the elected officials salaries are established at; so if we vote on this tonight it establishes, in my mind, the highway superintendent’s salary at almost $10,000 more than what it should be.  That should be broken out in this resolution.”

                Supervisor Quinn – “Are you saying if we change the word that the elected official’s salaries will be no more than what you see there?”

                Councilman Koetzle – “I asked last time for us just to put the highway superintendent’s salary in here, that’s it.  If he gets the stipend at the organizational meeting then he’ll get it but it doesn’t have to be in this resolution right here right now that he gets the stipend.”

                Attorney Dickson – “You do not have to list the stipend; you have to list his salary as the superintendent of highways in the published notice.”

                Councilman Quinn – “What you are saying is this $83,800 is actually the commissioner of public works total?”

                Councilman Koetzle – “The stipend is included in there.”

                Councilman Quinn – “If it is titled “Town Highway Superintendent” that is very deceptive and we should at the very least change that.”

                Councilman Koetzle – “I would suggest we make that amendment and bring the $9,900 out of the highway superintendent’s salary because that is not what it is, that almost a $10,000 stipend is awarded at the organizational meeting to somebody.  Maybe the highway superintendent, maybe someone else, but that is something for the Board to decide at that time.”

                Supervisor Quinn – “And it may not be awarded at the organizational meeting.”

                Councilman Rosenberg – “I thought at some point, I thought we were precluded to pay him more than what we advertised.  Is a stipend different?”

                Attorney Dickson – “The salary of these people that are going to be advertised can’t be more than what is in the budget but that is a separate title and there is a separate salary for that.  All you have to do in this notice is list the salary as superintend of highways.”

                Councilman Koetzle made a motion to reduce the listed salaries in the case of the Highway Superintendent’s by the stipend of the Commissioner of Public Works and additionally all of the salaries by 1.5% Seconded by Councilman Rosenberg.



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

Motion Carried

                Supervisor Quinn – “We asked all of you for additions, deletions and changes and you have our summary sheet, does anyone else want to do anything about our Tentative Budget?”

                Councilman Koetzle – “How are we doing this, are we going line by line on this memo or are we taking this as a whole?”

                Supervisor Quinn – “As far as I was concerned I gave it to you as a whole so that you could see.  You certainly have obviously line by line in here.”

                Councilman Koetzle – “I have a question about our thoughts on eliminating the 1.5% pay raise for all personnel.  So this $91,000 would be added back into the general fund…

                Supervisor Quinn – “To each of the funds.”

                Councilman Koetzle – “At some point may come out, we don’t anticipate necessarily not settling a contract or not giving some sort of raise.  Is it disingenuous then for the budget, I am asking the opinion of the Board, to try to talk $100,000 back into the fund balance for each of the balances and then after when it comes time to negotiate and it comes time to pay have to suck that money back out.  Are we just making the budget look better even though we think there is probably going to be an expenditure at some point of that amount of money, is it not better just to put it in the line item so it’s kind of open to the public that that’s part of the budget?”

                Councilman Rosenberg – “In my opinion as I said I would consent this whole thing.  The cost of living is zero this year; there is no social security increase so our seniors aren’t getting a raise.  I am perfectly willing to step up, I already offered it, we just voted on it, the Town Board not getting a raise.  I am perfectly fine saying I don’t intend…a zero percent for this year.  It has nothing to do with next year or two years from now but as far as next year goes I am on record for zero.”

                Councilman Koetzle – “No, my question isn’t what are intentions are, my question is just because it is there doesn’t mean it has to be given.  I am saying why not leave it in the line so that the public can see what we are really voting on, because otherwise later in the year, in some likelihood, suck some of that out perhaps and the public then doesn’t really see what we are doing.  In fact that full disclosure so the public sees there is a line item for personnel increases it may or may not be used.  It can go back into the fund balance if it is not used.”

                Supervisor Quinn – “That’s where it is going…it goes back there.”

                Councilman Koetzle – “But it just feels as though we are trying to put $100,000 to the good back into the budget and I don’t know if that really serves a purpose or not.”

                Councilman Rosenberg – “I have no problem with disclosure; I just know I don’t plan on…zero that is my effort and if that hangs us up in negotiations it is a fact of life. A zero percent pay increase is still going to cost us more, we are still going to pay more for benefits and step increases and everything else.”

                Supervisor Quinn – “The public can see what we are doing in the sense and that is why it is in here, we are saying zero.  That is why it comes out of here and where is it going, in a perfectly safe place, called the fund balance and if we need money we can, like we vote anything else at that time, then our position at the negotiating table for all three unions is and our budget reflects that zero.  Given that we have three negotiations on going I’m comfortable with taking it out and that is why I put it in there.  It is being authentic by saying, I think it should be zero, I took it out and here it is.  The money, assuming what we do with all of the other adjustments, is available if we need to go to it.”

                Councilman Quinn – “It really comes down to a contingency being stated as a worse case scenario or a best case scenario and I guess that’s a little frightening given the history of contract negotiations here.”

                Supervisor Quinn – “I would rather have the money in my savings account then have it on a line item which obviously gives the union; look you were willing to give us 1.5% give us another 1 or 2 or 3, okay its negotiable…

                Councilman Koetzle – “My point is just because 1.5% is there doesn’t mean you are willing to give it.”

                Supervisor Quinn – “We all agree on that.”

                Councilman Koetzle – “The additional spending, there’s $117,000 in new spending since you last released your budget.  We can go through these line by line but I don’t think we have to because they are little and they all add up.  Out of curiosity how did we miss $118,000 in the tentative budget just two weeks ago?”

                Tony Germano – “I am not sure it was a miss, after the tentative budget we asked all of the departments to go through the budget to make sure that we didn’t take something out that was severe.  We asked them to go through what is legally required and what’s a necessity and we did receive input.  The little amounts that you see being put back were based on the meeting that we had last week.  We can certainly go through them but for the most part these are items that the recommendations are that we just shouldn’t defer at this point because they are items that are covered somewhat in next years budget but not to the extent that we needed.  For example the police chief needs essentially to cover the electricity costs.  I think the original budget had a small under estimate and therefore because of the communication system we need another $31,000 to cover the electricity costs.  We could have left that off and certainly at the end of the year we could have gone to a fund balance transfer to cover that but the feeling was we discovered that so we might as well disclose it now as part of the preliminary budget.  I guess the point is it is easier to take care of these small items now then it is to wait until next year for a fund balance transfer.”

                Councilman Koetzle – “The biggest nut in this, Mr. Supervisor, is the increase in medical insurance by $45,700, I guess anticipating an additional 3% increase.  Being very familiar with the medical insurance market there really was nothing that would have changed the anticipation of what that would cost us.  What is it that in your mind increased it to 3%?”

                Supervisor Quinn – “For years we have been overestimating the expense on that line so in August and September when we are putting it together we cut back on that line almost to the actual for the current year.  When we got finished with that and the discussions with the people we use as consultants for insurance we said “might be just too conservative we should have a little bit of something here in case it goes up a little bit more than what we anticipate.  That is what you have here on this particular line item.”

                Councilman Koetzle – “Are we on a rolling rate basis or are we on a year to end basis with our insurance rates?”

                George Phillips – “Year end”

                Mr. Germano – “When the Supervisor put together his budget after meeting with the insurance brokers they basically said we should be anywhere from 15% to an 18% increase in insurance and that would factor in not only the normal cost of living for medical insurance but it would also factor in the NYS pass through which I understand is a 6% one time shot although some are telling me it may not be one time it may be something that will reoccur next year.  When we first did the budget we had 15%.  What we have done here is just increased it by 3% after talking with our brokers just to bring us to the top end of the window.”

                Councilman Rosenberg – “I have a question about the modified bulk item.  The amount that we set last year is not doubling.  Where did that come from?”

                Mr. Germano – “It was based on a discussion that we had at last Wednesday’s work shop.  I don’t know if he even made money, I think he pretty much did this as being a resident of Glenville.  The thought was listening to discussion just to increase it and to perhaps look at a modified plan of performing the bulk drop off program again.”

                Councilman Rosenberg – “The reason that I’m asking I guess is that, I know we did have that discussion, I don’t know if we decided as a Board that we wanted to add to the program.”

                Supervisor Quinn – “The Board as a board, I mean you are reacting to the Supervisor’s look at the world and this is how I saw it.  We know what we benefited from last year and we’ve got some uncertainties, account for the uncertainties as best we can and that is what you have got there.  There is a bulk item pick up, hopefully it will be in the same price range as last year, it might not be genuine to list it at the same price therefore you see the change.”

                Mr. Germano – “Let me just clarify just one thing.  If you look at the top of this it says “Proposed”.  We tried to capture what you discussed not only last week but since the budget process started and we tried to sort those out and put them into some method of semblance so that you could have them to review, knowing that you would make the final decision.  These were topics that you did talk about but certainly did not have any agreement on and this is why it says “Proposed”.

                Councilman Quinn – “Last year, this service at $9,900 and change was palatable to us as a Board because he did step forward and say, I am fully aware that I may be doing this at break even or a loss.  I am comfortable with that possibility again but my question again is should we not be doubling because that is kind of a presumption, I think we are going out on a limb there.  Wouldn’t we be better served by leaving it at last years level and then deciding as we go forward whether we want to do that again?”

                Supervisor Quinn – “We could leave it at that level, not the increase that is proposed tonight and if it comes back and we decide with a vote to go forward then if we have to go to…we may have other lines in the budget that that additional price could come from and or fund balance.”

                Councilman Quinn – “I would go back to the $9,900 and change.”

                Attorney Dickson – “Preliminarily to passing item #16 on the agenda which recites that the Tentative Budget has been amended that the Town Board entertain a motion to amend the Tentative Budget according to the handout with one change which reduces the amount of money proposed for the modified bulk program from $19,980 to $9,990."

                Supervisor Quinn entertained a motion to amend the Tentative Budget according to the handout with one change which reduces the amount of money proposed for the modified bulk program from $19,980 to $9,900.

                Councilman Koetzle – “On the list of amendments I have a question on the $9,000 for the repair to the tennis courts.  What is that for and wouldn’t that come out of the park fund?”


                Mr. Germano – “We felt that the park fund really is something that shouldn’t be used for operation and maintenance as much as it should for engineering and design.  Jamie (Director of Parks and Recreation) tells us that the tennis court is in direr needs of being fixed.  This was a result of him reviewing his budget and just putting a recommendation to the Board that it be reconsidered for $9,000 and if we don’t we could be looking at a significant expense later on.  It’s not coming from the park recreation fees.”

                Councilman Rosenberg – “It could…”

                Attorney Dickson – “No, no, no by law you have to use park land fees to acquire park land or establish recreational facilities.  You can’t use it for maintenance and repairs.  You can use it for improvements but not for repairs.”

                (vote on Supervisor Quinn’s previous motion to amend the tentative budget)

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

Motion Carried

RESOLUTION NO. 145-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                WHEREAS, the Tentative Budget has been filed with the Town Clerk; and

                WHEREAS, pursuant to Section 108 of the Town Law, a public hearing must be held by the board upon said Preliminary Budget, on or before the Thursday immediately following the General Election,

                NOW, THEREFORE, BE IT RESOLVED that the Tentative Budget is hereby amended to establish the elected officials’ salaries at:

                Supervisor ...........................................$ 19,152.00
                Town Council Members (four)..........…$ 11,639.00 [each]
                Town Clerk...........................................$  59,635.00
                Town Highway Superintendent............$        72,999.00

                BE IT FURTHER RESOLVED, that the Tentative Budget as amended be adopted as the Preliminary Budget for 2010; and

                BE IT FURTHER RESOLVED by the Town Board of the Town of Glenville that a public hearing upon said preliminary budget shall be held at the Glenville Municipal Center, 18 Glenridge Road, in said Town on November 4, 2009 at 7:00 P.M., or as soon thereafter as can be reached; and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is directed to prepare the proper notice of said public hearing and to publish and post said notice in accordance with said Section 108 of the Town Law; and

                BE IT STILL FURTHER RESOLVED that the Town Clerk be and she hereby is directed to have twenty-five (25) copies produced of the Preliminary Budget for public distribution and another (25-50) if and when the need arises.

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

RESOLUTION NO. 146-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, by application dated September 30, 2009 and pursuant to the Code of the Town of Glenville, Anthony L. Ruggiero of “T J’s Flight Line Pub LLC” has applied for a permit to conduct Outdoor Amusement/Entertainment at 22 Saratoga Road, Glenville, NY, October 31, 2009: 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; and

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves said application of this outdoor event at 22 Saratoga Road, Glenville, NY ; 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 Thomas Corners Fire Dist. #7, 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. 147-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilman Koetzle

                WHEREAS, a vacancy exists on the Town’s Board of Assessment Review due to the expiration of a term of appointment; and

                WHEREAS, the Town of Glenville solicited applications to this vacant position through its website and meeting announcements; and

                WHEREAS, the Town of Glenville has received three applications of interest for this position,

                NOW, THEREFORE, BE IT RESOLVED that R. Gregg Gibbons, 33 Washington Avenue, Scotia, N.Y. is hereby appointed to the Town of Glenville’s Board of Assessment Review for a term from October 21, 2009, through September 30, 2014, with compensation for such position set at rates established by the Glenville Town Board during their Organization Meeting; and

                BE IT FURTHER RESOLVED that Virginia Graney, 209 Parkland Avenue, Glenville, N.Y. is hereby appointed to the Town of Glenville’s Board of Assessment as a temporary member for a term from October 21, 2009, through September 30, 2010 with no compensation.

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

RESOLUTION NO. 148-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

                BE IT RESOLVED, that the minutes of the regular meeting held on October 7, 2009, are hereby approved and accepted as entered.

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

Motion Carried

RESOLUTION NO. 149-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED that the Monthly Departmental Reports for September, 2009 as received from the following:

                Assessor Department
                Building Department – Aug & Sept
                Dog Control – May - Sept
                Highway Department
                Human Services
                Justice Department
                Planning Department
                Receiver of Taxes
                Section 8 Housing Payment
                Town Clerk's Office
                Water & Sewer 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

Town Administrator’s Report:

                Tony Germano – “We previously briefed you on the status of our sewer hookups between us and the Town of Clifton Park.  We talked at the last meeting about Glencliff School they are approximately two to three weeks away to hooking into our system.  Commissioner LeClair and I met with Clifton Park last week and we went over the Intermunicipal Agreement that exists between this Board and your counterparts in Clifton Park.  Clifton Park has now obtained approval from the State Comptroller to move forward and they plan to bring on their newly created sewer district of 250 plus users to get to the extension that exists in Alplaus.  That will start, hopefully, next construction season.  Clifton Park has also issued a voucher to us to pay their share of the increase for the pipe and pump installed as part of this project to bring them on at a sum of about $136,000.  They will be paying the City of Schenectady user fees.  That effort is well underway and hopefully by next year they’ll be in the midst of construction and their sewer users will be hooking up.

                The other news that I will give you is we were contacted by the New York Power Authority who apparently has been watching some of the “Go Green” in Glenville relative to what we have been doing with solar energy and they are providing us information on a potential grant opportunity for us to look at not only on our facilities but we even talked about our landfill.  This could be a very promising opportunity for the Town of Glenville.  We will be briefing you at an upcoming workshop meeting on the details.”

New Business:

                Councilman Rosenberg – “Lowe’s is just about there, correct me if I am wrong Tony, the soft opening date is 11/23/09 and their grand opening is on the 29th at 10:00 am.”

RESOLUTION NO. 150-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss a litigation matter.

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

Motion Carried


                Supervisor Quinn adjourned this portion of the meeting at 8:35 p.m. and entered into Executive Session.

                Time being 8:45 pm Supervisor Quinn reconvened the meeting.

                The Town of Glenville Town Board Meeting was adjourned at 8:46 pm.



                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk