Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 4/15/2009
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
APRIL 15, 2009
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

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

Absent: Councilman Edward F. Rosenberg

                Supervisor Quinn called the meeting to order at 7:00 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 except for Councilman Rosenberg who was out of town.

Town Council Reports:

                Councilwoman DiGiandomenico – “In addition to our bulk item pickup, which will be held on four (4) consecutive Saturdays, April 25th – May 16th, 7:00 am – noon at the Municipal Center, the Tech Surplus Store in the Scotia-Glenville Industrial Park is accepting computers and monitors free of charge April 1st through the 30th at Bldg. 405, C Street, M – F 10:00 am to 3:00 pm and Saturdays 9:00 am to 1:00 pm.”

                Councilman Koetzle – “Regarding the bulk item pickup just a reminder that when the residents come to drop off items they will need to show identification that they are a Glenville resident.  Anything with Freon will be accepted.”

                We did get a $100,000 grant from Senator Farley for solar panels for one of our town buildings.  We are in the process right now on figuring out where it makes the most sense to put the solar panels.  The three buildings that we are looking at right now are our Town Hall, the water plant and the Senior Center.  We are going to try and do a cost benefit analysis to see where it makes the most sense to put them.  Essentially we are looking at about a $12,000 to $15,000 a year savings on electricity costs and over the 30 year expected life of the solar panel generator that is about $100,000 savings to the town at today’s rate and that rate is going to multiply in the next 10 to 20 years.

                I want to thank Senator Farley for helping us to get this grant, it was a long process and it came through his office and we really appreciate it.”

                Supervisor Quinn – “Item No. 5 is a public hearing on the proposed RESTORE NY Project Grant.

                This is a grant opportunity from the state for the various and sundry towns, villages and counties in the state to apply for grant money to help improve and/or restore properties in the area.  We will put in a grant application for $750,000 and the basis of that is that we are looking to, if we can get the owner to agree who so far has agreed to go along with us to sign off so that we can get the grant and do something about the K-Mart property.  If all goes well the building would come down and get the property shovel ready for any other agency, organization or group that is interested in the property.”

                Sue Lombardi, Grant Administrator – “In coordination with the guidelines that are set forth by the Restore NY Communities Initiative, this was published as a public hearing and that the property assessment of the proposed site was listed in the local publication as the former K-Mart building address at 204 Saratoga Road in Glenville.  The size is approximately 9.89 acres, the current building is approximately 130,000 sq. ft. and the use is commercial retail the proposed use would be the same.  The proposed activity for this project would be a demolition/reconstruction and use would be for revitalization of vacant property to help revitalize our urban center and to induce commercial investment into the community.”

                Supervisor Quinn opened the public hearing at 7:11 pm.

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

                Supervisor Quinn – “Item No. 6 is a public hearing to consider comments on the potential environmental impacts associated with the Town’s proposed 180-foot microwave tower at 1086 Church Road.

                This tower is designed to help us deal with a significant safety problem that we have for the dispatch of vehicles – fire and/or police – we have the infamous dead zones.  After much study, after tech reports, comments by professional associations, a thorough study by our police department and the technical people that they have worked with it is time for us to do something.  We have tried to locate this in several different sites, this seems to be the site that will help us make it safer for all of us and dramatically increase our communications for our public safety people.”

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

                Jerry Young, Washout Road – Mr. Young commented that he felt the town should have saved up for this and sometimes a matching grant is a black hole because it forces us to spend matching funds to the tune of $250,000.  Is it a possibility that we could look at that and is it a possibility where maybe $250,000 would solve our problem, maybe not with the best technology but it would give us the safety that we are looking for.  In that particular area is existing cell towers and there is also a water tower so I am wondering if we have explored the possibility that we don’t have to erect…I understand that 180 feet probably gives us up and above where I live and probably gives us communication everywhere by doing 180 feet.  I don’t know if you have seen a 180 foot tower before, it is pretty big and it stands out and again we are talking about a rural area.  Are there instances where we have put someone in peril, either a policeman or someone else where because of these dead zones and are we just letting them be dead zones or do we have some way of covering them now that maybe we could revise and not have to spend 1.2 million dollars.  Mr. Young also mentioned that he was concerned with putting up a 180 ft tower in a rural area.

                Gene Gauss, Ridge Road and Fire Police Lt. in the West Glenville’s Fire Company and a member of the Board of Commissioners for Fire District #6 – Mr. Gauss expressed his concern about a comment that has been brought out here and in other places – the additional structural capacity to accommodate additional public safety antennas on this new tower.  He stated that they currently have good communications using the tower at the top of Waters Road (Ennis property).  His concern is that they have been hearing some talk about moving the antenna that currently serves them over to the new tower to save money for the County.  He stated that the fire department has conducted some tests by having someone up at the Glenville Hills Fire Station with a radio to talk to somebody down at the firehouse, can’t do it due to the contour of the hill.  He restated that if there is any thought of moving Channel 14 to the new antenna there will be a new black hole up in the north end of the town.

                Ed Capovani, Church Road – Mr. Capovani stated the following comments:

                My property adjoins the water tower to the east.  The proposed 180’ radio tower will be located 450’ from my front door and 227’ from my property line.  The eastern most guy wires and their foundation and anchor systems will be 240’ and 47’ respectively.

                I acknowledge the need to update our infrastructure to provide our citizens with better services.  I also understand why you chose this location – cost savings, and that is a good thing.  However, I believe that other alternative sites were not adequately explored from the outset of the project and that its current location is the ‘easiest fit’.  I also believe that the data used for the visual impact study, the balloon test specifically is flawed.  It is my opinion that if the public were notified from the onset and had a chance to get involved early in the process, the results might have been different and more palatable for all.

                I was officially notified about the location of the tower on April 7th.  In my opinion far too little time for a citizen to do needed research, formulate an argument and organize his neighbors.  Especially considering a project such as this where health and safety, quality of life and property values are at stake.

                Ironically I first learned about the project while in attendance at the board meeting where the expenditure was approved.  I was here for another matter that interested me and prior to that meeting I knew nothing of this project.  During the meeting a resolution was made for the acceptance of new police communications system at a cost of 1.5 million.  There was no discussion about the project no questions about tower location.  The next day I read in an article in the Gazette about the project.  In the article the chief spoke of the location and I quote.

        “The town is going to build one new tower on property it owns near Sanders Road and Ridge Road in the vicinity of the Glenville Hill Fire Department.”  Why so cryptic?  Why wasn’t the location disclosed then?

                I thought nothing of the article because I assumed it was being placed on town property in the vicinity of Sanders Preserve where the old observatory was.  This seemed like a logical location there are no houses in close proximity, there is power on the site and it would have a limited impact on the neighborhood.  I suspected I was mistaken about the location when some weeks later I noticed that the common boundary between me and the water tank was surveyed and a drill rig arrived and did some test borings.  It was then I contacted the town and inquired about the tower location.  To my dismay I was informed that it would be located next door, 50’ from my front door and 4 times the height of the surrounding trees.

                On a positive note when I did raise concerns about the project they were addressed and an effort was made to find alternative solutions.  However, by the time I got involved all the field studies had been completed and to fully explore alternatives would cost additional money and time; both of which appeared not to be an option.

                I would like to address the balloon test data.  I had requested to be informed when the balloon test would be performed.  I was informed; but as it turned out the test was performed two days earlier than I was told.  So I could not take photos for my case.  When I first saw the photos that you have in your packet the height of the balloon seemed far too low.  I decided to do my own test.  Along with my neighbor Jim Cernick we filled three 18’ diameter balloons the punching type kids use.  They are heavier then your normal balloon but I realize they are not the same type used for the test.  We filled these with pure helium not a HE02 mix.  We used a 180’ 30# monofilament line as the main tether.  The conditions were similar; the winds were out of the northeast at 6 mph.  We could not get the balloon to remain perpendicular to its anchor.  The wind blew the balloon at 45-50 degree angle to the anchor.  We tried using five balloons for extra lift with a guy wire attached to right it back to 90 degrees.  This did not work either because the clearing at the site is not large enough to facilitate this.  We could not get the balloon close to 90 degrees.

                I went back to the photos in your packet and tried scaling off of known objects.  If you look at photo S-2 taken from the corner of Ridge and Church Roads; I will show you what I mean, the tank is 80 feet in diameter and 44 high, the tower is located in approx 120’ to the north northwest of the water tank and is approx 8’ to west of the water tank.  If you scale off of the tank diameter you come up with 1” equaling 53.3’ we know the water tank is 44 feet, by my calculation the tower depicted is only 120’ high.  After my experience with the balloon test I am concerned that inaccurate data was used.

                I am opposed to having this tower in my front yard for many reasons.  First and foremost is the health and safety of my family.  I realize that this is considered a low power device and is far below acceptable levels.  I was told the equivalent of a 60 watt light bulb shining above my head.  For me that is 60 watts too many.  I wonder if the people setting these standards for safety live near the devices they regulate.  The height of the antenna is also an issue for me.  Being 180’ above ground, far above all surrounding objects, it will act as a lightning rod attracting lightning to it and surrounding objects.  Does this present a risk to my family and my animals?  Is there an increased risk for electrical surges being back fed into the local grid which has the potential for destroying our electronics?

                This tower will also impact mine and my neighbors’ quality of life.  I will now have a structure that is four times higher than the tree tops and will be visible everywhere on my property.  In fact I will have the pleasure each morning and night of looking at three of the nine guy wires and their foundation which will be 47 feet off my property line and 75 feet from my driveway.  I will also be able to check out the 6x8x8’ high building, and a 4x6’ generator which will be located near the base of the tower all of which I am sure will be wrapped in chain link fence topped with barbed wire giving it that homey minimum security look and feel.  Currently the tower is not required to be lighted and I contacted the guard base who trains in the hills and they do not require it to be lit either as it does not currently interfere with their approaches.  But what if that changes?  Will you go back and reconsider this issue and move the tower?  No.  We will have a lighted tower in our front yards.  It is also unknown if the tower will affect my wireless network, wireless devices and cell phone but the potential does exist.  This site will also create a nuisance.  It will be more frequented by curiosity seekers, vandals and law enforcement.

                All of these things will have a negative impact on the value of my property.  According to some realtors that I spoke with, this tower could diminish the value of my property in excess of 50%.  One thing is for certain having this tower in such close proximity to my home makes the pool of potential buyers much smaller.  There are people that will not consider buying property in close proximity to structures emitting elevated electromagnetic radiation.  There are also groups of buyers that will not consider a property next to tall structures because of the visual impact they have.  Therefore I believe it would be difficult to deny that the value of my property will be adversely impacted.  Like many of us my home and property are my biggest investments and I am counting on these assets as part of my retirement, they are now in jeopardy.  If this resolution passes I will be coming to you looking for a significant reduction in my property assessment and will educate myself to determine what legal avenues are available to protect my investment.

                The easiest and least costly solution in my opinion is to move the tower toward the west onto the fire company land.  Moving it to the west a few hundred feet would greatly minimize the visual impact this would have on me and my neighbors.  I know this was explored by our town administrator but apparently the fire company wanted to be compensated and the town did not pursue this option.  Instead they crowded the tower to the west side of the lot.  The fire company has a 28 acre parcel which they currently do not pay taxes on and are supported by the tax payers in their district who are adversely affected.  How can this be?  It makes no sense.  By the way this is the same fire company that is storing their junk cars which they use for training behind the water tower which I see when I go up and down my driveway.  Before tonight I have never complained to you or them about this unsightly mess.  I want to be a good neighbor; apparently it is not a two-way street.

                One possible solution is to relocate the tower to a different site.  One possibility is the old observatory in the Sanders Preserve.  This site has power and if the road were extended up the hill the tower would be at the same elevation and tucked out of the way.  Another possibility is the now defunct swim club on Sanders Road.  These are what I came up with and there must be other options too.  Councilwoman DiGiandomenico provided me information where towns generate revenue by providing tower sites.  Why not find a site for this and other structures which could possibly generate revenue for the town.  It would be a win win for all.

                Mr. Capovani read the following letter submitted for the record from Hal Cowles, Church Road.

                I will not be in town to attend the hearing regarding the proposed microwave tower at Church Road, which is very close to our properties.  I would ask that you add my voice to those of others, relative to the concerns about using this location.  While I am not averse to technology, and understand that there may be need for enhancing the communications network, I think it needs to be done intelligently and in a fully circumspect manner, in terms of overall impact and potential impact.

                First of all, there is no doubt that this will have significant impact on our property values.  We enjoy a pristine setting at our homes.  The installation of this tower, which will be clearly visible to us on a full time basis, will not only diminish  our enjoyment of our substantial investments at a personal level but also will limit our ability to market our properties should we ever need to or choose to.  This will significantly impact the value of this hard earned investment, at a time when we are already suffering from a historically unprecedented depreciation in real estate value.  It would seem that this tower could be put behind the fire station, where there is no real impact on desirable properties that I know of.  Or, why not move down to Sanders Road in a location which is already land locked or unused (like the now defunct swim club, or the hundreds of acres that cannot be developed).  It makes no sense to overlook these and put this tower in our front yards.  If this does happen, I would expect significant downward assessments on our property values to reflect the fact that the values will, in fact, be compromised.

                A second concern I have relates to habitat impact.  We enjoy a wide variation in wildlife at our properties.  We have eagles, red tailed hawks, owls, palliated and other species of woodpeckers, heron, and so on – as well as many types of mammals and other ground based species.  Is there 100% agreement among reputable scientists that the type of electromagnetic radiation these towers emit is 100% harmless to all species – particularly birds?  Is there 100% agreement that it does not create a sort of “no fly zone” to which these species are sensitive in terms of their intrinsic bio-navigational anatomical features?  I don’t think there is a 100% guarantee, and at a minimum, I have concern that we will lose some of our biodiversity with this tower being so close.

                James Cernik, Church Road – Mr. Cernik read the following statement:

                The proposed location is not concealed and will make an area that already has a large industrial structure even more obvious.  Additional structures closely grouped in this area will have a profound impact on the remaining natural appearance of this area and thus de-value local properties.

                The proposed location at 911 Church Road is in plain site of my home, any view to the north of my home will include this structure if it is located at the proposed site (a photograph was presented).

In contrast to the visual impact analysis provided by the engineering firm this site is very visible to neighbors’ properties and is not obscured by foliage; the height of this tower prohibits that.  I am aware that this is a necessary project however I suggest that there must be a more visually discreet way for a location to get the job done without further impacting the natural appearance of this area and depreciating local property values.

                Could a shorter and more visibly discreet tower be located at the fire department?  Could this structure be placed into the woods where it would blend in more naturally?  The observatory property on Sanders Road has all of the necessary utilities and is obscured by trees to local residents, has that site been considered?

                Except for right of property of the town I cannot fathom why this location was chosen, it is in plain site of three (3) residences and requires a tall support structure to overcome the height of the adjacent hill.

                I fear my home will loose value; I get to pay the same taxes but now due to public need we get to look at a large metal structure darting out of the ground beside a giant blue tank.  I encourage the board to further investigate placement options for this structure, keeping in mind the personal cost that will result to the local residents and the visual impact it will have on the natural state of this property.  The current proposal seems to be more concerned with private property and minimizing the technical obstacles then minimizing the impact it will have on the surrounding community.

                Jim Spencer, Sacandaga Road – Mr. Spencer made the following comment:  He stated that he is all in favor of safety and communication, the safer the better.  What frequencies and channels is this trying to correct by installing this?  What if the antenna is moved from Waters Road, what dead zone will this create and what frequencies and what channels?

                Jack Osterlitz, Church Road – Mr. Osterlitz made the following comments:

                180 feet; 4 times the height of this building.  He agreed that it would de-value property taxes for everybody on Church Road and Ridge Road as well.  He stated that we don’t need it.  He suggested that it be put on Ridge Road with the current cell tower.  He stated he has a fear that one tower will lead to many more to come.  He does not want it and feels that we don’t need it.  He asked the board to vote it down.

                Margaret Dorries, Church Road – Ms. Dorries made the following comments:

                She informed the board that many people walk, jog and bicycle on Church Road.  She also mentioned all the wild life that is in the area.  She is concerned that one day windmills will be built in this area as well in the future.  She is concerned about the 109th that flies over the area.  She realizes that this is necessary but she does not want to see a cell tower there.  She stated that the cell tower will affect the health of the residents in the future.  She is also concerned about the possibility of more cell towers coming, bright lights from the towers shinning in their windows.  She is also concerned about the tower attracting lighting.  Will there be a beam of light circling, what about the helicopters that come down at the Glenville Hills Fire Department for medical emergencies.

                Ms. Dorries also expressed that she was concerned about the natural stream that runs through the area getting changed if they start changing the landscape there.

                She stated that she does not want to see this tower going up.

                Robert Michalek, Ridge Road – Mr. Michalek stated that none of us want to see this in our backyard.  He commented that the best solution that he heard was to use the upper Waters Road tower.  He is concerned about seeing the tower from far away.  He realizes that it is needed but does not want it in his back yard.  He was concerned that he was not notified about this proposed tower being put up.  He is also concerned that the tower will be sold off to other companies in the future.

                William Topka, Sheldon Drive – Mr. Topka recommended that the guyed wires should be positioned a little differently on the proposed lot so they take up the least amount of room.

                He stated that the fire company (Glenville Hills) can not take the responsibility of having guyed wires or a tower on their property because if anything goes wrong they would go after the fire company.  He also reminded the board that the fire company has an easement on the town’s roadway to the back of the lot.

                Lawson Harris, Johnson Road – Mr. Harris stated that he resides approximately 250 yards from the town on upper Waters Road.  He stated that people who are saying “don’t put that tower in my back yard where I can see it” having people from the West Glenville area who suffer from poor radio communications any time that the Waters Road tower is inoperative.  Mr. Harris said that the residents there are saying “don’t take that communications antenna out of our backyard”.  The question has not been answered at all, whether the town plans on moving that tower to the other side of the hill.  Mr. Harris suggested that the technical discussion should have taken place at the beginning of the public hearing because it would have answered a lot of questions.

                Supervisor Quinn introduced Lee Palmer the technical representative from NYSTEC, the firm that we contracted with to conduct the studies.

                Lee Palmer, NYSTEC – Mr. Palmer stated that approximately two years ago the town engaged NYSTEC to look at upgrading their law enforcement public safety communications to provide better coverage and better reliability for the land mobile system.  As a result of our analysis right now the police have a signal site system up on Waters Road North and they can also transmit off the town office building but given the location of the town office building the coverage isn’t really good.

                What we proposed was a four site land mobile radio system using simulcast technology so all four sites would light up at the same time.  We provide improved communications to police officers using hand-held portable radios.  More and more police operations are hand-held based.  We put the project out to bid and we left the final design up to the contractors who were proposing this system.  

·       The proposed Church Road tower site is one of a five site configuration.  The towers are inter-connected using microwave radio.  There are four land mobile radio sites, one microwave relay site in addition to the dispatch center at the town office building.
·       The land mobile radio sites were selected to provide the greatest coverage with the fewest sites.
                To the point of some of the speakers, lower towers could be used.  Two factors that go into lower towers are you need more of them so you would have to develop more sites throughout the town and also with the lower sites you have a more difficult problem using micro-wave radio as an interconnect because of the lower height and the pass losses.  The reason we like to use micro-wave for public safety is you’re not dependent on telephone lines; you are not dependent on either lines or fiber hanging in the air or fiber in the ground that could be dug up.  If you use a loop architecture or hot standby architecture; it is very robust and works good for public safety.
·       The other sites use existing structures.
·       The Church Road area of the Town was identified as deficient in coverage without the addition of a site.
·       The tower height of 180’ is necessary to complete the microwave path from the existing Waters Road North site.
                This plan has nothing to do with the fire radio system at this time.  The proposed tower is of sufficient strength that should the fire service or other public safety entities want to go on a tower there is additional structure strength.  You wouldn’t have to go back and revisit the tower.  The tower height of 180’ is necessary to complete the microwave path from the existing Waters Road North site to the Church Road site.
·       The Church Road water tank site was selected based on the following:
1.      The Town owned the land.
2.      There was sufficient space for a guyed tower
3.      There was electrical service at the site.
4.      The coverage analysis indicated that the site would compliment the other three land mobile radio sites.
·       Analysis:
1.      A visual site assessment was preformed as part of the SEQR filing.  The visual impact report has been provided.
2.      A Non-ionizing radiation analysis (NIRA) has been done.  The land mobile radio and microwave transmitters emit less than 5% of the allowable non-ionizing radiation as regulated by the FCC.
3.      The tower will not require aircraft anti-collision lighting.
4.      The tower will meet NYS Building Code requirements – EIA/TIA-222F.
5.      It will have additional structural capacity to accommodate additional public safety antennas.
6.      The tower base, shelter, and generator will be fenced.
7.      In the event of a catastrophic tower collapse (all guys on one side fail simultaneously) only the water tank would be within the fall radius.
8.      Site earth disturbance will consist of tower base and guy footings, pads for equipment and generator pads, and trenching for electrical service.

                To address the question regarding disturbance to the stream, the seasonal pond that is on site, there would be no disruption of those areas.

                We did look at moving the site around on the water tank property a little bit but given the constraints of not being able to stay on the property, moving the tower base it was like 100’ in either direction a fairly small circle.

                The lower tower under 180’ doesn’t allow us to use microwave which is very important to interconnect the sites.”

                Lt. Conley – “This has not been a rush process.  I have been involved with this project for at least five (5) years and it started before my time.  The Town’s Public Safety Committee has been in charge of looking into this system.

                I heard a couple of comments; as far as it being in a rural area – that is one of the issues we have with our communication system is we have a rural town.  We also do the topography, we need several sites.  Our current system was built in 1985, it was a standard when it was built, and it was new technology then, kind of in its infancy stage as far as frequency goes.  We are trying to correct those problems.

                This is a police antenna only at this time.  There was a question about the frequencies; it will not involve the county fire or moving anything that is all up to the county.  The County Fire Coordinator’s Office has expressed interest in locating.  I do not know if they are going to move things there or use it as an additional site.

                As far as alternatives; I was directly involved in looking into different sites and going out with the NYSTEC engineers before Mr. Palmer’s involvement in this.  We looked at probably thirty sites, not only within the town but also outside of the town.  We looked into southern Saratoga County, Rotterdam, Niskayuna and down towards the Village of Scotia.  Many sites were looked at, propagation studies were done on all of these sites and the feasibility of interconnect ability as far as microwave link system, which each site has to have a direct line of view, were looked at and it was also looked at by two radio companies that put bids in for the project.  I know for a fact the old observatory down on Sanders Road would be a nice site to put a tower, the tower would be hidden but when you hide a tower that means it’s not in line of site and unfortunately it is too close if you go just west of that.  As far as the flight path and concerns about aircraft; my understanding is that we have met all of the FAA guidelines as far lighting, as far as pilots there is a certain level or ceiling they have to stay above in order to fly and our tower will be well below that.

                The frequency is going to be 800 megahertz which is the police frequency only, so at this time that is all that is going to be on that site.

                Another concern was as far as the cell tower, this tower is not constructed to be able to withstand the weight of the microwave dishes and the antennas that the cell companies have on their towers.

                Stream disturbance – it went through in front of the ECC and it came back that there is going to be very minimal if any environmental impact.  The stream isn’t going to be disturbed; the only ground that is going to be disturbed is going to be where the pads are built for the antenna and then where the guy wires go and another small pad where the building is going to be placed for the generator.”

                Lee Palmer – “As far as lightning goes, yes the site could take lightning; trees get struck by lightning.  The site will meet state building code requirements for grounding.  I could not say it would never get struck by lighting.”

                Councilman Quinn – “Is there some level of surge protection to protect against Mr. Capovani’s concerns?”

                Lee Palmer – “Yes, the power consumption, some of the radiation the operating frequency is up in the 800 megahertz, wireless routers are typically 2.4 and 4.6 gigahertz range unlicensed operation.  The amount of power that this site is going to take, the bay station will be running approximately 150 watts.  The whole site will probably take 2,000 or 3,000 watts of power.  We use all electrical protections for grounding, surge protection so it would be the same thing as a residential structure, the same type of an impact.”

                Councilman Quinn – “With regard to the lightning, one of the ladies that spoke tonight brought up a very interesting situation.  The occasional visit from the medi-vac helicopters; as you know they don’t always have the luxury of doing that by day, sometimes they have to do it by night, is that something that might require lighting on it?  I had never considered that.”

                Lt. Conley – “Not that I am aware of by FAA standards.  Again there is a certain height which is well above what the tower would be.  It is up to the pilot to make sure they do not fly below a certain ceiling.”

                Councilman Koetzle – “I want to be clear; it is your contention Lt. Conley and Mr. Palmer that there is no other option as far as you are concerned.”

                Lt. Conley – “As far as we are concerned, there is no other option.  We have explored many, many different sites.  We have done propagation studies as far as transmitting and things like that, in line of site studies.”

                Councilman Koetzle – “We have heard from many residents tonight, talking about not having any notification on this.  I am a little confused why that didn’t happen and I am troubled by it.  This is significant for them and I think we should have notified the residents and I think it is about the second or third incident that we have had this year where a notification hasn’t gone on some sort of zoning issue or some sort of impact to a community or a neighborhood.  What is our policy on that?”

                Tony Germano – “The policy is that we publish a legal notice and that is the requirement of the law.  We go a step further, we actually do a computer search and I know in this instance we sent out, I don’t recall the actual number; I want to say it was 20 or 30 letters to abutters in the area.  We actually increased the circle of notification even though the area is not densely populated.  That would have been done for all three public hearing that were conducted, GECC, we had SEQRA and then this hearing as well.”

                Councilwoman DiGiandomenico – “I am very distressed to hear that notification did not go out because at a work session I thought it was made very clear that we the board wanted to make sure that all of the neighbors were notified and from what I am seeing people are shaking their heads no that they did not receive any kind of notification.  That really distresses me to think that there is a communication gap in our system here and I think we should look into that immediately.”

                There were several residents in the audience that did receive notification.

                Supervisor Quinn – “The fact that we have a sample of people here, obviously people interested and concerned about this area and they did or didn’t receive the notice may or may not be a communication problem, it’s assumed because you folks didn’t get one…I don’t know if you read the public notices, I don’t know if you got a letter, I am not arguing that point I am saying there is hundreds and hundreds of people involved in this whole thing, there are 28,000 people who have a safety issue here and so we …I understand that the hands are up, I understand in your honest opinion that you didn’t get notified, that’s not the same as saying it wasn’t notified and it’s not the same as saying whatever, dozens and dozen’s of other people didn’t get it and didn’t understand it  and that there were three public hearings.

                I am not denying that you didn’t get a letter, I am not denying that you didn’t know about it but I am pointing out that we have met the legal requirements and there were three different notifications.”

                Mike Ranalli, Police Chief – “I guess I am ultimately responsible for this project as the Chief of Police.  I respect everything that everyone has said here but I just ask of you to please do not loose site of ultimately what we are trying to do here and what we are trying to do here is for you.  If our ability to communicate effectively with our officers is viewed as a luxury by somebody, it’s not, it is a necessity so please don’t lose site of that.  We put a lot of work into it, Councilman Quinn is on the Public Safety Committee, Lt. Conley had mentioned for years, prior to my arrival, there has been a lot of effort put into this and it comes down to this – we have never built a radio system before here, so if there were some things that were overlooked I want you to believe there was nothing done in an underhanded manner, we were not trying to hide anything or not trying to pretend it was going to go somewhere else.  That absolutely never, never occurred and Mr. Capovani, I think we bent over backwards trying to accommodate you and tried to explain to you and show you the propagation studies, why Sanders Road wouldn’t work.  Believe me if these things would work we would do them, so if there is a flaw in the system I guess I was part of it myself being naive that following our normal process of hosting for meetings and following all of that would be sufficient.

                For those of you from West Glenville and your concerns, folks that is the rumor mill at work there, we are the Town of Glenville, we don’t control county fire.  We did hear that county fire might be interested in our space as a public safety partner.  We did consider that possibility and also the MRD system for other police departments but that’s it; that is all we are interested in.  We don’t want cell towers; we don’t want all of that within that property that was never our interest.

                I don’t want this to turn into an issue about the Board.  The next time we build a radio system that I am involved in in the Town of Glenville we are going to do it a lot better.”

                Jack Osterlitz – Mr. Osterlitz said as I stated before this is not necessary.  He stated that we don’t need this thing; every teenager in this town can communicate with every other teenager in a moment.  He said that the town already has a police communication in effect; holes in it yes, maybe there are, maybe there aren’t but you are talking about putting a 180 foot tower on top of a hill that could be a navigation hazard, a safety hazard and we are talking lights.  Mr. Osterlitz mentioned that this could be a radiation hazard.  He said you can’t do this, you simply can’t do this plus he said I don’t want you spending my money on this.

                Councilwoman DiGiandomenico – “We did not address the park grant, could you please expand on that.”

                Supervisor Quinn – “When you receive a grant from who ever the source is, that grant money is specified what it can and cannot be used for and it’s not money you can take from here and apply some, part, all or the rest of it any place you want.  So to use any of that money for any other purpose is prohibited usually unless there is something unusual and I don’t know of any right now.  You can’t use it for an alternative purpose.

                This is a much bigger project than a tower and I thank Councilman Quinn for bringing that up.”

                Ed Capovani – Mr. Capovani asked why the fire company does not pay taxes and why can’t they give up some of their property for the people that they are taxing and we are subsidizing?

                Supervisor Quinn – “Why aren’t they paying taxes; because legally they do not have to pay property taxes or school taxes because of the way they are incorporated.  The fact that if the Glenville Hills Fire Department wanted to do something and we had to negotiate liabilities; we had a discussion with them and the outcome of that was it wasn’t going to happen that is why we moved to the alternate site.  If the citizens of the town say we need this tower but we want it over there that’s between them and the fire commissioners for Glenville Hills Fire Department.”

                No one else wished to speak; Supervisor Quinn closed the public hearing at 8:45 pm.


Presentations:

                The Town Board presented a plaque to Greg Stevens for his outstanding volunteerism to the Town of Glenville along with a proclamation.

                The Town Board presented an acknowledgement and thanks to the Marines for their dedicated service to the United States of America.

Privilege of the floor:

                No one exercised the privilege of the floor

Supervisor’s Comments:

                Supervisor Quinn shared the following information:

                April 2nd – Met with Congressman Tonko’s staff regarding the Restore NY Grant and explained how we need Congressman Tonko’s help, we visited the new Fortitech facility and talked about what other development plans the County has for the western end of the airport we then visited the GSA properties at the Industrial Park.
                April 9th – DEC, GSA and Malcom Purney who has done all of the field studies for GSA on the contamination site within the 55 acres, had a meeting at the DEC headquarters.  They came up with a plan for fixing this which will be a permeable active barrier to keep the plume from moving off site.
                April 20th – Attending the Woodhaven Homeowners Association
                April 25th – Presenting a proclamation to an Eagle Scout who is receiving their Eagle Badge
                April 28th – Attending the monthly meeting of the 5 towns local government council meeting
                Received a message from a town resident, Jeffrey Peterson:

                “I just wanted to send a quick message with feedback.  I moved into the Town in August of 2008 since then I have a few contacts with Water/Sewer Departments, Town Assessor, Town Clerk, Highway/Public Works, specifically Richard LeClair, Linda Neals, Cathy Visco, Darlene Abbatecola.  Everyone has been so professional, friendly and completely approachable.  I feel as though I moved into a town where local government representatives genuinely care about the residents and work above expectations.

                Thank you so much for the wonderful experience, I look forward to the future.”

                This one is from a George Busher:

                “Congratulations on the great job of picking up all of the ice storm debris on Saratoga Drive.  It makes me proud to live in Glenville.”

                Supervisor Quinn moved ahead with the agenda items.

RESOLUTION NO. 81-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

        WHEREAS, the Town of Glenville has been considering the enactment of a Local Law to amend the Code of the Town of Glenville to establish licensing and regulations for telephone directory distribution within the Town of Glenville, and

        WHEREAS, this Town Board has held a Public Hearing on April 1, 2009 at 7:00PM, at which time all parties in interest were afforded an opportunity to be heard and to publicly comment on the amending of the Code of the Town of Glenville as set forth above,

        NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville Town Board does hereby establish a Local Law to amend the Code of the Town of Glenville to adopt Local Law #2 of 2009, a new Chapter 201 entitled: Telephone Directory Distribution as set forth below:

A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF GLENVILLE
TO ADOPT A NEW CHAPTER 201 ENTITLED:
TELEPHONE DIRECTORY DISTRIBUTION

Be it enacted by the Town Board of the Town of Glenville as follows:
        
Section 1.      The Code of the Town of Glenville is amended to ADD the following:

CHAPTER 201
TELEPHONE DIRECTORY DISTRIBUTION

§ 201-1. Intent and purpose.

Unwanted telephone books have become a waste problem, as well as a litter and nuisance problem.   Residents and businesses complain about unwanted telephone books.  The taxpayers bear the burden for clean-up, recycling and disposal of unwanted books.  As the number of telephone directory distributors increases, it has become a serious environmental concern.  In the interest of improving the quality of life for our residents, of reducing waste removal and recycling costs to local governments, and of reducing the use of natural resources, the Town Board adopts this local law to license and regulate the distribution of telephone directories within its provisions.

§ 201-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

TELEPHONE DIRECTORY - A publication that lists and publishes the names, addresses and telephone numbers of telephone customers or the advertisements, products or services of businesses or professional firms by alphabetical category, commonly known as a local telephone directory.

PERSON — Any natural person, firm, partnership, association, corporation, company, public utility or organization of any kind.

PUBLIC PLACE — Any street, sidewalk, alley, public way, public park, public square, public space, public grounds or public building.

§ 201-3. Distribution.

A.      Public places.

No person shall leave any telephone directory upon a public place within the Town of Glenville.

B.      Private property.

(1)     No person shall leave any telephone directory upon any private property which is temporarily or continuously uninhabited or vacant.

(2)     No person shall leave any telephone directory upon private property unless it is delivered within ten (10) feet of the entranceway of any residential or commercial structure whether it be public or private.

C.  All telephone directories distributed within the Town of Glenville shall conspicuously print on the front cover and/or in the Table of Contents a statement that reads, in substance, “IF YOU NO LONGER WISH TO RECEIVE THIS DIRECTORY, PLEASE CALL THE FOLLOWING NUMBER OR CONTACT THE COMPANY AT THE FOLLOWING ADDRESS:” along with a toll-free number and mailing address, or electronic mailing address, for the business that residents may use to provide verbal or written notice to the business that the resident no longer wishes to receive the directory.  Telephone directories shall not be distributed to the resident at that address for a period of five years.

§ 201-4. Licenses; fees.

A.      License required. Any person engaged in the distribution of telephone directories within the Town of Glenville shall make application to and obtain from the Town Clerk a distribution license. The application shall be written on a form prescribed by the Town Clerk. Any person obtaining a telephone directory distribution license shall be permitted to distribute telephone directories pursuant to the provisions of this chapter and the rules and regulations promulgated by the Town Clerk.

B.      Rules and regulations. The Town Clerk may promulgate rules and regulations which are necessary and proper to carry out the purposes of this chapter.

C.      Suspension or revocation. A license may be suspended or revoked by the Town Clerk only after notice in writing and an opportunity to be heard is given to the licensee. Written notice of intent to suspend or revoke a license shall be given to the licensee by registered or certified mail to the address set forth on the application. The Town Clerk shall suspend or revoke the license of any licensee found to have violated or to have permitted a violation of any provision of this chapter or any other ordinance, rule or regulation or state or federal law pertaining to the distribution of telephone directories.

D.      Transferability of license. No license issued under this chapter shall be transferable.

E.      Fees.

(1)     License fees for a telephone directory distribution license shall be $150 for each calendar year.

(2)     Upon revocation of the license, the license fee shall be forfeited.

Section 2.      This local law shall take effect as provided in Section 27 of the Municipal Home Rule Law.

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

Motion Carried

RESOLUTION NO. 82-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town has identified some opportunities to improve the customer service response and reduce costs for the phone service for the T1 phone and internet services for Town Hall; and

                WHEREAS, initially the purchase on New York State Contract # PS63072 represents a savings from the current provider of approximately $600 a month; and reflects:

        1 PRI T1 (voice) and 100 ITN~and 3Mbs Internet Connection and Managed Router.  The MRC is $1,251.91 and NRC is $2,279.00.

                WHEREAS, the TW Telecom has agreed to eliminate all but $500 of the non recurring setup charges and further reduce the 3 year price guarantee to reflect the revised proposal, after working with RockIT and the TW Telecom team is:

        1 PRI T1 (voice) and 100 ITN and 3Mbs Internet Connection.  The MRC is $1,176.91 and NRC is $500.00; per Rockit they will already be providing a Managed Router that was removed from the proposal, and to reduce the Install fee (NRC) to $500.00,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the contract for phone services with TW Telecom Inc. on the purchase of T1 phone and internet services for Town Hall.

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

Motion Carried

RESOLUTION NO. 83-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS, Fox Company Marines (2nd Battalion, 25th regiment, 4th Marine Division, Marine Forces Reserve) have been serving in Iraq in support of Operation Enduring Freedom, and training throughout the world to maintain readiness for deployment, and

                WHEREAS, Fox Company has served with distinction and valor, most recently from 2001-2009, while sacrificing time away from their country, state and hometown, and

                WHEREAS, Fox Company, a Marine Forces Reserve Unit based in Glenville, NY, will be returning home in April 2009, and

                WHEREAS, a community homecoming will be held on Sunday, April 19th, 2009, and will include a parade, reception, and recognition ceremony,

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville, in acknowledgement and thanks to our Marines for dedicated service rendered to the United States of America, the State of New York and the Town of Glenville, do hereby designate Sunday, April 19, 2009, Fox Company Marine Day throughout the Town of Glenville, and

                BE IT FURTHER RESOLVED, that the Glenville Town Board, on behalf of all its residents and businesses, offers humble thanks to all those Marines who have served and sacrificed, and most importantly, wishes to say WELCOME HOME!

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

Motion Carried




RESOLUTION NO. 84-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

                WHEREAS, by application dated March 19, 2009 and pursuant to the Code of the Town of Glenville, Jim Friello, owner of Holly Marine, 4 Freemans Bridge Road, has applied for a permit to host a Parade and Recognition Ceremony for the “Fox Company Marines” return from Iraq on Sunday, April 19, 2009 at 11:00 am; and

                WHEREAS, said application did include the necessary insurance coverage; and

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

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of Jim Friello, Holly Marine, be and it hereby is approved; and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Thomas Corners Fire District #7 Chief and the Schenectady County Environmental Health Department.

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

Motion Carried

RESOLUTION NO 85-2009

Moved by:       Councilman Quinn
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, Gregory Stevens, 2 Aleda Drive, Glenville, N.Y., volunteered to groom Indian Meadows Park’s trails for cross-country skiing during the winter of 2008/2009, and

                WHEREAS, Greg Stevens helped designate the trails to be groomed, trimmed brush and trees along the trails, built a dedicated-purpose trail groomer, utilized his own snowmobile to tow the groomer, helped coordinate the first cross-country ski race during the town’s Winterfest, and spent countless evening and weekend hours grooming the trails for the betterment of the parks and the enjoyment of the public, and

                WHEREAS, these trails improvements and grooming were received with enthusiasm by not only skiers, but by snowshoers and walkers who could now also fully utilize these trails in winter, and

                WHEREAS, many, many people came to town officials and conveyed their appreciation for the improvements to the park and the public’s ability to enjoy them,

                NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville does hereby formally wish to thank Mr. Greg Stevens for his outstanding volunteerism to the Town of Glenville and Indian Meadows Park, and in recognition and appreciation hereby proclaims Saturday, May 16th, 2009, GREG STEVENS DAY throughout the town.

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

Motion Carried

RESOLUTION NO. 86-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Annual Memorial Day Parade will be held on Wednesday, May 20, 2009; and

                WHEREAS, this particular Wednesday is when the Town Board of the Town of Glenville is normally scheduled to meet; and

                WHEREAS, all members of the Town Board will be participating in the Memorial Day Parade,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby cancels the regularly scheduled meeting of May 20, 2009.

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

Motion Carried

RESOLUTION NO. 87-2009

Moved by:       Councilman Quinn
Seconded by:    Councilman Koetzle

                WHEREAS, the Town Board of the Town of Glenville, in the County of Schenectady, deems it advisable that Fire Protection District No. 4 of the Town of Glenville be extended to include the territory described as follows:  

Commencing at a point in the center line of Amsterdam Road aka  Mohawk Avenue aka NYS Route 5 at a point where the extension southerly of the westerly line of Extension of Fire Protection District 4 intersects said road and runs thence northerly and along the westerly boundary of Fire Protection District 4 about 2500 feet to the northwesterly corner of the Extension of Fire Protection District 4 said point also being in the southerly boundary line of Fire District 5;  thence westerly along the southerly boundary of District 5 about 3000 feet to the extension northerly of the center line of B Street; thence southerly along the extension and along the center line of B Street and as extended southerly about 1900 feet to the center line of Amsterdam Road aka Mohawk Avenue aka NYS Route 5; thence easterly along the center line of Amsterdam Road about 3100 to the point or place of beginning.

                NOW, THEREFORE, BE IT RESOLVED, that said Town Board shall meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY 12302, on the 6th day of May, 2009, at 7:00PM, to hear all persons interested in the matter of the extension of such Fire Protection District, and be it

                FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Daily Gazette and to post copies of such notice in the manner provided by law.


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

Motion Carried

RESOLUTION NO. 88-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

        WHEREAS, the Town Board of the Town of Glenville, in the County of Schenectady, deems it advisable that Fire District No. 5, of the Town of Glenville, commonly known as Beukendaal Fire District, be extended to include the territory described as follows:  

Beginning at a point in the center line of the former Glindmyer Lane (also known as Velie Road) about 200 feet souther1y of the Boston and Maine Railroad right of way at the point where the southwesterly corner of Fire District 5 intersects the easterly line of former Fire District 9 and runs thence along the center line of the former Velie Road about 1750 feet to the center line of Amsterdam Road aka Mohawk Avenue aka NYS Route 5; thence easterly along the center line of Amsterdam Road about 400 feet to the extension southerly of the center line of B Street; thence northerly along the extension and along the center line of B Street and as extended northerly about 1900 feet to southerly boundary of Fire District 5; thence westerly along the southerly boundary of Fire District 5 about 200 feet to the point of beginning.

        NOW, THEREFORE, BE IT RESOLVED, that said Town Board shall meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY 12302, on the 6th day of May, 2009, at 7:00PM, to hear all persons interested in the matter of the extension of such Fire Protection District, and be it

        FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Daily Gazette and to post copies of such notice in the manner provided by law.

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

Motion Carried


RESOLUTION NO. 89-2009

Moved by:       Councilman Quinn
Seconded by:    Councilwoman DiGiandomenico

        WHEREAS, residents of Lighting District No. 3 in the Town of Glenville commonly known as the Sunnyside Gardens Lighting District have requested the Town to make arrangements to install additional street lighting in the neighborhood, and

        WHEREAS, the Town of Glenville Traffic Safety Committee has considered the matter and has recommended to the Town Board that the installation of such additional lighting is in the public interest,

        NOW THEREFORE, be it hereby

        RESOLVED, that the Town Board of the Town of Glenville acting as the Commissioners of Lighting District No. 3 of the Town Glenville does hereby authorize the Town Supervisor to enter into an agreement with National Grid for the installation of seven (7) new street lights within Sunnyside Gardens pursuant to the proposal for this work from National Grid dated December 9, 2008, a copy of which is annexed hereto.

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

Motion Carried

RESOLUTION NO. 90-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, one of the purposes of the meeting was to take action in connection with the filing of a map and plan for the establishment of a Drainage District to be known as Drainage District No. 9 of the Town of Glenville for the purpose of, among other things, providing maintenance of the drainage swale and other drainage areas within the subject Drainage District, together with the necessary costs and expenses, and

                WHEREAS, a map, plan and report have been duly filed with the Town Board in connection with the proposed establishment of a Drainage District to be known as Drainage District No. 9 of the Town of Glenville, and to include the following described real property bounded and described in a parcel as set forth in an attachment hereto and made a part hereof known and designated “Eternity Heights Subdivision, “Drainage District”” being Exhibit “A”, and

                WHEREAS, said map and plan call for the establishment of a Drainage District, as shown on said map and plan, together with all necessary work, including legal and engineering expenses and such other lawful disbursements in connection therewith, all of which costs were paid for by the developer and with no cost to the Town or the residents of the proposed district, and

                WHERAS, the operation and maintenance cost for each homeowner in the proposed district is estimated to be $50.00 per year, and

                WHEREAS, it become necessary to conduct a public hearing in connection therewith,

                NOW THEREFORE, be it hereby

                RESOLVED, that this Town Board does hereby schedule a Public Hearing for Wednesday, May 6, 2009 at 7:00PM at the Town of Glenville Municipal Center, 18 Glenridge Road, Glenville, NY 12302, for the purpose of considering the establishment of the drainage district.

        All persons interested in the subject matter are hereby notified that they will be given ample opportunity to be heard either in favor of the said proposed established District or against the same, and it is further

                ORDERED, that a copy of this Order, certified by the Town Clerk, be published once in the Daily Gazette, the first publication to be not less than ten (10) days, nor more than twenty (20) days before the date set for the said hearing; and that the Town Clerk shall also cause a certified copy thereof to be posted on the signboard of the Town, maintained pursuant to Town Law, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid.

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

Motion Carried
RESOLUTION NO. 91-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

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

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

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

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

Motion Carried

RESOLUTION NO. 92-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

                BE IT RESOLVED, that the minutes of the regular meeting held on April 1, 2009 are hereby approved and accepted as entered.

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

Motion Carried

RESOLUTION NO. 93-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS funding has been made available under a competitive grant process through Round 3 of the Restore New York’s Communities Initiative which encourages economic development and neighborhood growth by providing municipalities with financial assistance for revitalization of commercial and residential properties to help revitalize urban centers, induce commercial investment and improve housing stock, and

                WHEREAS the program requires 10% matching funds in cash or in-kind contributions, to be provided by the property owner,

                WHEREAS the Town of Glenville’s Board believes that it is in the best interest of the Town of Glenville and its citizens to apply for available funding for the property located at 204 Saratoga Road, site of the former K-Mart building, and that the proposed project is consistent with the Town of Glenville Route 50 Master Plan, and

                WHEREAS the proposed project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and the preservation of community resources, and develops and enhances existing infrastructure and other facilities in a manner that will attract, create and sustain employment opportunities, and

                WHEREAS the Town of Glenville’s Board approves submission of the application for funding under the Restore New York’s Communities Initiative requesting an amount of $750,000.00 to offset demolition and reconstruction costs associated with re-development of the site for commercial and/or retail use,

                NOW THEREFORE BE IT RESOLVED that Frank X. Quinn, Supervisor of the Town of Glenville, is authorized execute all necessary documentation for the 2009 funding application under Round 3 of the Restore New York’s Communities Initiative.

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

Motion Carried

Town Administrator’s Report:

                Tony Germano – “I want to talk about two (2) potential funding opportunities.  The first is since the President declared Schenectady County and other counties as a result of the December ice storm a major disaster there is what’s called a Hazard Mitigation Grant Program opportunity that kicks in once the President makes such a disaster declaration.

                The program is most prevalently used where there are flooding concerns and the original design was to go in an actually buy homes that are in flood plains to prevent them from being flooded out each time the water rises and to turn that land into park area and relocate such homes.

                Creatively applying the program there are opportunities to prevent what our nuisance flooding flooded areas and other types of mitigation measures in the Town of Glenville, one being in particular the intersection of Rte. 50 and Rte 146 every time it rains.  So we are looking at the opportunity of submitting a hazard mitigation grant for at least that intersection.  We have already talked to State DOT and they are very much in favor of it.  There is a match that that the community would have to put up and that would be a 25%, not hard cash but it could be an in-kind match.  The dead line closed in mid May so we will know in a couple of weeks whether or not we have enough to meet the criteria.

                The second mitigation grant that we are looking for would be to go out and do normal maintenance on streams and other drainage areas where from last years flood and from the ice storm where we had branches and limbs that had fallen to basically pay to have those materials removed from those drainage areas which otherwise if not removed would cause probably even additional flooding and undermining of roads.

                This funding comes from Congressman Tonko and this has to do with a call on a different approach for trying to obtain some stimulus money.  We submitted about 16 million dollars in probably eight or nine different projects for stimulus funding from the federal government and what the Congressman is doing is he’s taking a different approach where he looks like he might want to sponsor an appropriations bill so he is reaching out to all of the communities in his district asking for highway, transportation related projects and we would like to submit it as part of an appropriations approach to see if we could get some stimulus money.  




                The Town of Glenville Town Board Meeting was adjourned at 9:40 PM.





                                                                ATTEST:




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Linda C. Neals
Town Clerk