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Town Board Meeting Minutes 9/16/2009
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
SEPTEMBER 16, 2009
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

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

Absent: Councilman Mark A. Quinn (Councilman Quinn arrived at 7:45 PM)

                Supervisor Quinn called the meeting to order at 7:00 PM; Councilman Rosenberg gave the Invocation and led us in the Pledge of Allegiance.

                Supervisor Quinn asked the Town Clerk, Linda C. Neals, to call the roll.  Everyone was present and accounted for except for Councilman Quinn.

Privilege of the Floor:

                The following people exercised the privilege of the floor:

                John Rack, resident asked the board to keep the tax increase under 24%.

                Marshall Wroblewski, Rector Road resident explained to the board that about 6 years ago he decided to widen his driveway because he had no place to plow the snow in the winter time.  He continued to explain that he purchased the needed material to extend the existing culvert along the road.  He stated that as he was doing this he was excavating out the sand, separating the shale from the sand and using the shale for landscaping and had accumulated about a truck load in a pile.  Mr. Wroblewski informed the board that he came home from work one day and Mr. Gemmette (Deputy Highway Superintendent) was there with the excavators and they were digging out the trench making it deeper.  He stated that he asked them to get off of his property.  He asked him what happened to the pile of shale and Mr. Gemmette stated that they took it away.  We had worked out an agreement that Mr. Gemmette would do it a certain way but he didn’t and he destroyed my landscaping project.  He continued to explain that they were heading the stream toward my two oak trees.  Mr. Wroblewski continued to explain that on top of the bank he piled 14 big boulders.  He stated that the material that he had purchased was not installed but Mr. Gemmette installed an old metal pipe that sticks up on one end.  He insinuated that a few days later he saw black piping installed at the rod and gun club’s pond and it happened to be the same length and the same size as the one he had purchased that had turned up missing.  

                He stated that this happened 6 years ago and every time they dig in this hole they scope into it.  He stated that they destroyed the grate that he had across it and that they tore off three feet of the plastic culvert he had in there.  He informed the board that they showed up again on July 2nd of this year.  Mr. Wroblewski asked Mr. LeClair if he would dump the soil that was being removed on the end of his driveway but Mr. LeClair said no.  The second week in July they showed up again and dug a whole 15 feet down in front of the culvert and they filled it with big boulders and then they covered that with rip wrap and they made sure they got plenty of rip wrap inside my culvert so now the culvert is half clogged.  He stated that he asked if they would remove the rocks from the top, they didn’t do that so they are still there.  (Mr. Wroblewski submitted photographs).

                He told the board that Mr. LeClair told him that he would come back and fix it.  He stated that he has had promises for the last 6 years and nobody has ever showed up and it just keeps getting worse.  He also keeps asking to have the rocks taken off because they are causing the water to come down, flow around, picks up all of the leaves and brings them down into the culvert.  He informed the board that the tree has fallen down.

                Mr. Wroblewski told the board that he would like his culvert back, his pile of shale back and he also wants the three feet that was broken off of the other culvert.  He would also like someone to come and clean out the sixty feet of culvert because he doesn’t want it plugged up.

                Mr. Wroblewski informed the board that he would like the town to get his permission before they come on his property along with a written statement of what they are going to do before they do it.

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

Supervisor’s Comments:

                Supervisor Quinn shared the following:

                Supervisor Quinn – “You all received a copy of the August financials so you can see where we are now that two-thirds of the year has gone by.  When I was digging into all of the facts and figures that are in here, we budgeted on the revenue side for 10.2 million dollars and we are projected to have 10.8 million dollars in revenue which is about $580,000 over on the revenue side.  Please keep in mind that 95% of that is the FEMA money that we didn’t plan on and didn’t know was going to happen this time last year.  While the revenue looks good, in fact is good, what we are dealing with is the FEMA money and the rest of the budget is very, very tight on the revenue side and of course we have a third of the year left.  On the expenditure side we budgeted 11.4 million dollars and it is projected that it will be 10.9 million dollars, that’s about $480,000 under on our budgeted expenditures or 4% under.  Of the $480,000 that we are under on expenditures $471,000 or 98% is from our health insurances, that what we were told last year and what we have experienced so far through the first two-thirds of this year that while the individual lines go up and down they are balancing out.  The lines in there, the three main funds is the health insurance or 98% of the under expenditures.

                The 2010 budget is currently underway in the sense that we are working on bringing that in and that has to be presented to the Town Clerk by the 30th of September.  Then we will have the public hearing on the Preliminary Budget and then we will go to the final budget for 2010 in November.  We have at least 1.2 million in new spending that we are looking for the coming year in the expense side of it and the revenue side is flat.  We are working on three union contracts and we don’t know the impact of those so I share with you what I am after and what I am doing so far is trying to get us in here under the cost of living index.  So while the statistical number sounds enormous, 1.2 million, I am working on less than the cost of living index which is 3% on the outside and so my goal to bring to you and everybody else is to bring this thing way under what we are looking at, therefore given flat revenue, given the contracts that are pending and all of the other things, there’s going to be some cuts in expenditures.  It will be a tight budget, revenues are tight.  We did a good job on managing it so far this year.

                When I talk about the budget, on our agenda tonight we have two items, #9 and #11, one has to do with the purchase of a truck and one has to do with the allocation of funds to a REDI fund.  What I am encouraging everybody to do is hold off on both of those until we get a budget and we know what’s what.  We can always do those two items, that’s not a problem, but until we know what this budget is really going to be and we vote the final budget in November then we could act on these two items.

                We have been working for years and we continue to work on the GSA property on Route 5, trying to get those 55 acres freed up.  The fix for that has come in from the contractor for GSA to fix the plume in the ground or to control it and manage it.  It has been sent to NYS DEC for approval.  DEC had some concerns about the proposed fix for that so it is back over to GSA for their final cut.  It is the best remedy, do they agree, they are close together.  So it would be a permeable reactive barrier, which is in effect going to do this; the plume is in the ground, this moves through, they put a barrier in and as the plume goes through the barrier it deactivates the dangerous things that are in the plume.

                Update on the K-Mart property.  I understand that Metroplex has put out a release on what’s going on with the K-Mart property.  The owner of that property, J.R Realty & Co. out of NYC, has worked out the land swap with the owner of the Glenville Queen.  There is a site plan that has been developed for that property; the engineering work is under way for what the property would take.  DOT has been involved and contacted and knows what’s going on and what their requirements would be.  A lot of this is the grunt work that goes on behind the scenes.  J.R. Realty is in fact working with a commercial firm for that property, there is no agreement, there is no sale of this property and it is what it is right now.  

                Councilman Koetzle – “Regarding that news release, actually I’ll call it a press release because there wasn’t a lot of news in it.  I know you have conversations with Metroplex from time to time and I have tried to have conservations but they just don’t seem to want to come to the table and talk, but I was particularly troubled when the sentence in this press release starts with “Schenectady County Officials today provide an update on plans to redevelop the former K-Mart site in the Town of Glenville”, I find it troubling that they decide to share an update with the media without ever talking to this Board or to my knowledge anyone on this Board.  I got a call from the Gazette asking my comments to the update and I had no idea what update we were even talking about, so in your conversations and I would ask our Metroplex representative to do the same thing, is to ask the County to be a little more professional and if they are doing Town business or business within the Town to give a courtesy to the Elected Officials within the Town on the update before going to the media perhaps.

                Secondly you mentioned the REDI proposal and we should wait and I agree with you, I would love to wait until after the budget and I shared those comments with you at the last work session but there is a date here of October 26th regarding this project that we need to have all of our documentation, basically have all of our ducks in a row.  If we are comfortable that we can still get your budget and still have time prior to the 26th I’m comfortable with waiting but there seems to be a little bit of a need to spend money on the truck and so I think you can’t do one without the other knowing that we have an October 26th date to meet the requirements for the grant to NYSDOT.  I would prefer to wait, I am with you on that but if we are going to spend money prior to that then this has to be part of the mix too because if the money is not going to be there by October 26th we need to know that.”

                Supervisor Quinn – I understand what you are saying.  The grant money with this suspense date of October 26th that is phase one and that gets us in the mix with a whole bunch of other people that are seeking grant money from this organization for a project so we are in competition.  We know we are at least in the first cut, now they take it all and now they rank order according to there priorities and criteria and then they’ll come back out for phase 2.  They haven’t given us a drop dead date or a suspense date so neither I or you can’t say it will be October or December before we ever get phase 2 information that we need to go forth so I just want to remind all of us that’s the procedure that is going on.  While there is a date for phase 1 of the grant if we commit money we still don’t know if we make the cut for phase 2 we would be locking up money that we may need.  There’s no question I don’t think amongst any of us that we are all interested in the budget equally as much as any of those spending items you heard me say tonight.”

                Councilman Koetzle – “Mr. Supervisor just to clarify, the briefing I received was October 26th, the drop dead date and in doing so in addition to the proposed scope of work, as the briefing says, the Town would need to certify with a matching 25% grant fund is available and that such funding would be available within 3 months of submitting the grant application.  So as I read that by the 26th we, in submitting this, would have to certify that we had that money set aside so the REDI and this is an important distinction, is not spending that money.  Tonight if we vote for that proposal it is not voting to spend the money, it’s voting to put the money aside so that we can certify for the grant that we have got the match.  If that grant doesn’t go through it goes back to fund balance, I would suspect or we can talk about what ever happens at that point but it’s not a spending proposal tonight it’s a lock it up so that we can certify that we have got the means to go forward.”

                Supervisor Quinn – “Yes, I am with you on that.  When we look at the 26th as far as I am concern we’ve got the money, it’s perfectly safe, it’s locked up in the fund balance so if they called us on the 25th, 26th or the 27th do we have the money, and yes it is in fund balance.  If they called us on November 26th then we would have our budget done and we could say aye or nay we have enough or we don’t have enough.  So the money is in the fund balance, we have the money, we could answer them do we have the money, did we pull it out and fenced it in REDI or any other fund.  I don’t know that that’s a step we need to do.”

                Councilman Koetzle – “You and I may have a different opinion on how safe that money is as we go through the budget process as you well know the fund balance is often used for purchasing vehicles or spending down what would be a higher tax rate so I would disagree that I don’t believe it is safe and I don’t believe that we could certify by October 26th that it is safe which we would be required to do without fencing it.  I think that there is an appetite on this Board to use fund balance to buy down the tax increase and that’s why it is on tonight and that is why it is pertinent it needs to be done immediately.”

                Councilwoman DiGiandomenico – “With all do respect to everyone on the Board could we limit these comments at the appropriate time when these resolutions come up so that we don’t go over the same item again when the resolution is up?”

                Councilman Rosenberg – “I would just like to comment on the K-Mart site.  I am not going to speak for anyone else but I was aware that there were some things going on and was asked not to disclose because it is not a sealed deal and the particular people that are interested were asking that originally.  I do want to thank Metroplex for, I don’t want any decisions being made without the Board being involved but I do appreciate any help they can give us attracting anyone in because we certainly don’t have the means as a Board to go out after anybody.”

                Supervisor Quinn moved ahead with the agenda.

RESOLUTION NO. 127-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

                WHEREAS, by application dated August 23, 2009 and pursuant to the Code of the Town of Glenville, the Burnt Hills Rowing Association is holding their annual Spartan Sweeps Regatta on the Mohawk River and has applied for a permit to host this event.  It will be held on Sunday, October 4, 2009 from 8 AM to 2 PM; and.

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

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

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the Burnt Hills Rowing Association, be and it hereby is approved; and

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




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

Motion Carried


RESOLUTION NO. 128-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Water User Fee Roll of the Town of Glenville, Water District No. 11 has been approved for collection as of June 2009, in the amount of $1,702,502.53 and

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

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

2009 Water & Sewer Bill Correction Report for Resolution 9-16-09
~
~
~
~
~
~
~
~
~
Account #
~
WAS
IS
Difference
~
~
W/S
Total
~
~
~
~
~
~
~
~
~
0102100500.00
~
$56.83
$40.00
($16.83)
~
~
w
$40.00
0103103600.00
~
$333.89
$98.89
($235.00)
~
~
w
$98.89
0104105500.00
~
$107.00
$40.00
($67.00)
~
~
w
$0.00
~
~
$175.53
$90.00
($85.53)
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$130.00
0105100100.00
~
$376.24
$141.24
($235.00)
~
~
w
$141.24
0111107800.00
~
$370.20
$40.00
($330.20)
~
~
w
$40.00
0116104400.00
~
$299.13
$58.45
($240.68)
~
~
w
$58.45
0116110228.00
~
$40.00
$241.81
$201.81
~
~
w
$241.81
0117103100.00
~
$87.27
$50.43
($36.84)
~
~
w
$50.43
0118107200.00
~
$166.56
$40.00
($126.56)
~
~
w
$0.00
~
~
$217.85
$90.00
($127.85)
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$130.00
0120106500.00
~
$251.02
$124.12
($126.90)
~
~
w
$0.00
~
~
$359.39
$197.39
($162.00)
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$321.51
0122100300.00
~
$163.14
$40.00
($123.14)
~
~
w
$40.00
0122104300.00
~
$40.00
$156.47
$116.47
~
~
w
$156.47
~
~
$0.00
$0.00
$0.00
~
~
~
$0.00
0123105500.00
~
$0.00
$90.00
$0.00
~
~
s
$0.00
0123105500.00
~
$82.40
$40.00
($42.30)
~
~
w
$0.00
~
~
$0.00
0
0
~
~
~
$130.00
0124101800.00
~
$350.39
$145.75
($204.64)
~
~
w
$0.00
~
~
$486.24
$225.00
($261.24)
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$370.75
0125105996.00
~
$161.42
$251.50
$90.08
~
~
w
$0.00
~
~
$245.00
$360.00
$115.00
~
~
s
$0.00
~
~
$0.00
$0.00
$0.00
~
~
~
$611.50
0125106012.00
~
$123.64
$66.35
($85.13)
~
~
w
$0.00
~
~
$232.31
$123.64
($108.67)
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$189.99
0125107300.00
~
$126.69
$218.62
$91.93
~
~
w
$0.00
~
~
$200.64
$318.03
$117.39
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$536.65
0125108600.00
~
$140.83
$105.68
($35.15)
~
~
w
$0.00
~
~
$223.12
$173.85
($49.27)
~
~
s
$0.00
~
~
$242.38
$219.51
($22.87)
~
~
s
$0.00
~
~
$0.00
0
0
~
~
~
$360.96
0126100300.00
~
$143.28
$40.00
($103.28)
~
~
w
$40.00
0126104000.00
~
$293.81
$64.72
($229.09)
~
~
w
$64.72
0129101000.00
~
$220.01
$55.51
($164.50)
~
~
w
$55.51
0129103200.00
~
$97.83
$40.00
($57.83)
~
~
w
$40.00
0130105500.00
~
$273.57
$40.00
($233.57)
~
~
w
$40.00
0130108050.00
~
$60.86
$40.00
($20.86)
~
~
w
$40.00
0133103700.00
~
$390.48
$155.48
($235.00)
~
~
w
$155.48
0133104300.00
~
$332.83
$54.19
($278.64)
~
~
w
$54.19
0137103500.00
~
$396.97
$146.36
($250.61)
~
~
w
$146.36
0140100800.00
~
$361.32
$126.32
($235.00)
~
~
w
$126.32
0140105600.00
~
$84.83
$47.87
($36.96)
~
~
w
$47.87
0141104500.00
~
$2,233.12
$40.00
($2,193.12)
~
~
w
$40.00
0141107813.00
~
$558.13
$323.13
($235.00)
~
~
w
$323.13
0141110900.00
~
$40.00
$157.03
$117.03
~
~
w
$157.03
0142105600.00
~
$236.34
$135.53
($100.81)
~
~
w
$135.53
0142106700.00
~
$40.00
$214.72
$174.72
~
~
w
$214.72
0143113600.00
~
$473.86
$82.16
($391.70)
~
~
s
$82.16
0143115411.00
~
$339.09
$127.59
($211.50)
~
~
w
$127.59
0143115568.00
~
$822.64
$446.64
($376.00)
~
~
w
$446.64
0145105700.00
~
$129.39
$40.00
($89.39)
~
~
w
$40.00
0145200950.00
~
$86.79
$40.00
($46.79)
~
~
w
$40.00
0146105100.00
~
$149.97
$48.23
($101.74)
~
~
w
$48.23
0150100334.00
~
$430.29
$195.29
($235.00)
~
~
w
$195.29
0150100370.00
~
$83.85
$0.00
($83.85)
~
~
w
$0.00
0150300729.00
~
$394.85
$40.00
($354.85)
~
~
w
$40.00
0447102101.00
~
$63.50
$40.00
($23.50)
~
~
w
$40.00
0447105200.00
~
$40.00
$4,000.17
$3,960.17
~
~
w
$4,000.17
0548109905.00
~
$0.00
$2,589.42
$0.00
~
~
w
$0.00
~
~
$90.00
$1,762.29
$1,672.29
~
~
w
$0.00
~
~
$0.00
0
0
~
~
~
$4,351.71
Totals
~
$14,703.51
$15,020.83
($2,389.84)
~
~
~
$15,020.83

and;

                BE IT STILL FURTHER RESOLVED that the corrected warrant for Water District #11 is. $1,700,112.69

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

Motion Carried

                Councilwoman DiGiandomenico made a motion to table Item #9 on the agenda – resolution authorizing the purchase of one (1) 2010 Mack Granite with Henderson body and plow equipment on state contract at a sum not to exceed $260,000 until the next regularly scheduled meeting on the 7th of October, 2009 when there is a full board present; Seconded by Councilman Rosenberg.

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

                Supervisor Quinn moved ahead to Item #10 on the agenda.

Discussion…

                Councilman Rosenberg – “I spoke with the Highway Superintendent and he has a list of priority streets and provided this money is moved over he will be able to get some of the worst streets in the Town done.  I can’t tell you which ones they are but he knows which ones they are.  Tonight is just moving the money, not telling him where to pave.”

                Councilman Koetzle – “I have a question, not telling anyone where to pave but I am curious as to where we are paving and how much exactly we are paving for $70,000 because this, at least in my mind was set aside for truck purchases to begin a truck purchase program and I’m just curious I can’t make a decision without knowing what we are paving and what we are getting for $70,000.  I also have a question because if we are going to go and patch work a road, which I don’t know if we are or not that is what I am trying to get to, then next year we are going to pave over it, we are wasting our money and I don’t know that, so I think we need to know what roads we are doing and what we are going to do specifically with this money.”

                Councilman Rosenberg – “I am okay with the Highway Superintendent moving the money over and he knows what best to do with it and we are not giving him a truck this year, that’s pretty much guaranteed and that’s what the intention of that $70,000 was because it’s now the middle of September so if he can find a better use for the money and put it towards the road repairs that we also didn’t fund I’m okay with it.  I am not going to micromanage which roads he fixes or how he does it.”

                Councilman Koetzle – “Mr. Supervisor I understand that Councilman Rosenberg is okay with it, I am happy and that is great but I’m not and I still have to vote.  My fiduciary responsibility is I am not going to vote to allocate $70,000 to a project that I have no idea what the project is for.  This is not micromanaging, this is trying to get information about spending $70,000 and I don’t know why the road that we are paving has become a state secret all of a sudden.  The Highway Superintendent is here, he can clearly tell us what road he wants to pave and how much he is going to do with $70,000.  I don’t understand why we can’t get that information.”

                Councilman Rosenberg – “We also had the opportunity in the last two weeks to ask for that information.  That’s our due diligence unless you are telling me you asked for that information and you were refused it.”

                Councilman Koetzle – “I did at the last work session, you were there.  I asked and I was told by two Board members that that’s none of my business, I don’t need to know that.”

                Richard LeClair – “It was presented to the Board as a 2009 “A” project.  We sent it out...there’s not enough money to repair all eleven roads that were mentioned in that 2009 “A”.  There are a few streets that are definitely worse, part of another development has to have some severe repairs and I am working with the Cady Company.  They are giving me the best bang for my buck that we can get the worst parts done so we can prevent further larger expenses on those streets.  So look at the 2009 “A” and I know that within that those are the streets that might go over the $70,000.”

                Councilman Rosenberg – “Is this the five year plan that you are referring to?”

                Mr. LeClair – “Yes”

                Councilman Koetzle – “Mr. Supervisor, before he leaves that really didn’t answer the question because the 2009 “A” was a lot more than $70,000.  Are you going to go in order of that list?”

                Mr. LeClair – “I know that there are probably two streets that I would like to entirely do, Kingsbury and Catalina Streets and then there are nine other streets on that list like James Street because that is entirely gone and then we have eight other streets that were listed in there.  There isn’t enough money to pave all of the streets.”

                Councilman Koetzle – “That’s what I am asking; $70,000 is going to get you what, how far?”

                Mr. LeClair – “I am hoping to take care of a problem in one of our developments that has to be repaired and two main streets.  The Catalina Street ties into two other streets.”

                Councilman Koetzle – “That development, was that named?”

                Mr. LeClair – “The Return Development.”

                Councilman Koetzle – “So $70,000 is going to take care of Return, Kingsbury and Catalina?”

                Mr. LeClair – “I didn’t say I was going to take care of Return, there is a repair in the Return that we have to make.  I don’t have enough money this year to do it.”

                Councilman Koetzle – “So it’s going to take care of the problem in Return.”

                Mr. LeClair – “I don’t know the exact numbers; I turned it over to the professionals that will tell me the exact cost that it’s going to be.”

                Councilman Koetzle – “Just to explain my vote I believe strongly that $70,000 was put aside for a savings towards a truck that we would have given another $70,000, that said it’s clear that there is a need and I vote yes for this one time transfer.”


RESOLUTION NO. 129-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Superintendent of Highway is requesting the paving of additional roads in the Town of Glenville that are in dire need of repair/resurfacing prior to this years winter months; and

                WHEREAS, the Superintendent of Highway recommends Liquid Bituminous Materials [Paver Placed Surface Treatment] paving this year in accordance with NYS OGS contract Award Number 21641-RA-PF Group Number 31509; and

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the Superintendent of Highways to utilize Gorman Bros. [OGS Contractor PC64521] to pave town roads in the sum of $70,000; and

                BE IT FURTHER RESOLVED, that the funding for such purchases shall be as follows:
Highway Paver line 04.00.5110.4140 in the sum of $70,000

BE IT FURTHER RESOLVED, that a budgetary transfer will be necessary as follows:
Increase Highway Paver line 04.00.5110.4140 in the sum of $70,000
Decrease Highway Equipment Line 04.00.5130.2000 in the sum of $70,000

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

Discussion…

                Councilman Koetzle – “Just to give some history to this and again to echo your comments about needing to really hold off on spending right now, that would be my preference but in light of needing to go forward by the October 26th day as we talked about earlier.  The President declared a disaster area on December 28th in that wake FEMA made available hazard mitigation grants to allow municipalities to reduce or eliminate public safety threats from natural disasters.  Obviously we all know about the ponding that occurs outside of the Glenville Queen every time we have a heavy rain.  We certainly believe that’s a public safety issue.

                The Town submitted a hazard mitigation grant project for $540,000 to eliminate that threat and to improve our infrastructure in that area.  The project was approved for further submission to NYS and to apply funding for that project would require a 25% match.  The project includes reconfiguring storm water piping systems, improving parking lots and entry driveways, reconfiguring sidewalks and adding a retention and parks landscape setting out front which would also beautify not just fix the  problem.  As we mentioned we do have to commit by October 26th that we will have the money to match in order to be granted the successful money to proceed forward.  This resolution is not authorizing the expenditure of that money; this resolution is not authorizing to go forward with the grant.  If we got the grant this resolution is only taking money from the fund balance and fencing it so that we can demonstrate to the State that we have the money fenced, we are fiscally committed to this project and we also believe this would give us leverage and opportunity working with either Metroplex or DOT in going forward with this project.  There is not a threat of spending the money tonight, there is just the desire to lock it up and commit it to this project.”

                Councilman Rosenberg –“I agree with the Supervisor’s comments earlier that in fact we have a fund balance for this type of thing and I am perfectly fine relying on the fact that we have a fund balance when it comes time if we need the money.”

                Supervisor Quinn – “My position pretty much on spending any of these monies as you’ve seen and heard over the last few months is until we have a 20l0 budget in place and we know the impact on that on the taxpayers of the town I am trying to keep all of the money we can in the fund balance because each year we use the fund balance to keep the taxes down.  You heard me talk about what the expenses are that we are facing that we didn’t have to face last year.  We still have union contracts that are not negotiated and have not been finalized.  I don’t know, you don’t know and I hope we don’t end up with another snowfall problem or any other emergencies that we can come up with so as far as I’m concerned we don’t have a budget, I can’t commit to money.  The money is safe as we all talked about and we know there is a phase 1 we are through it, there is a phase 2 but I don’t know when that phase 2 is going to happen, two weeks, two months, two years I’m not sure given the State and how it does business.”

                Councilman Koetzle – “Just to respond to Councilman Rosenberg, I fully understand your comments but we also have to understand that this is a competitive opportunity and if we don’t demonstrate to the State that we have stepped up as a Board as policy makers and fence that money that may weaken us in the process and we may not get the grant at all.  So we have to understand that as part of this process we have to demonstrate the desire and all I am saying is that this resolution essentially demonstrates the desire, puts us in a stronger position to get the grant from the State, it doesn’t guarantee it.  We may not get the grant as the Supervisor said and then no harm no foul the money doesn’t get spent at all in fact the money doesn’t get spent even if we do get the grant because we have to come back and still vote to accept the grant so this doesn’t harm anybody or anything all this does is demonstrate to the grant provider that we as a Board are committed to economic development and we have got the means to see the project through.”

                Supervisor Quinn – “We are in the running for this grant and the amount of money has been talked about, there’s no guarantee how much of a grant we are going to get.  We put in for $500,000 plus we may get $100,000, $200,000, or $300,000 and again I don’t want to fence this money in and preclude us because we may not…this match may be as much as we are getting, I don’t know.  We have got too many questions yet.”

                Councilman Quinn – “By definition this is really authorizing the appropriation up to that amount, correct?”

                Councilman Koetzle – “Yes”

                Councilman Quinn – “It seems like we are using that term a little loosely.  Just so I am certain at this point we are not necessarily fencing we are saying we might up to that point or are we?”

                Supervisor Quinn – “I read it to say we do set it aside and we are committing so it’s got a tag on it.”

                Councilman Koetzle – “Councilman Quinn is correct in the wording, authorizes an appropriation of up to $135,000 in the fund to be used for the town’s share of hazard mitigation, the fiscally prudent thing to do at this point in order to make this more competitive in the grant.  I can’t for the life of me understand why we’re having a problem committing to a project that would make us more competitive and take care of such a problem right in our town center area.  It’s just really authorizing an appropriation up to the matching amount into the fund that is the key.  So, Councilman Quinn is correct.”

                Councilman Rosenberg – “I think the other thing…I sat for three years on Planning and Zoning meetings where the developer’s of properties were responsible for storm water and just in those three years, in the audience, the requirements are much more intense now then they were.  If in fact this thing that is sort of on the burner now, if the development of that site happens they are going to have to mitigate that water at their own expense and no expense to the town.  Whether it’s a grant or no grant we may not have to pay any money for it.  I agree it’s a problem it has gotten better since the development next door where they put a pond in and it took some of the water off of the hill but most of the issue down there is two-fold, one is the fact that you have got acres and acres of blacktop, there’s no where for the water to go and when it gets to the bottom of the hill there is no place for the water to go.  If you really pay attention a lot of the water is coming from the other side of the street too.  I am all for grant money if we can get money but I am not for fencing this in and at the end of the resolution as it is stated it specifically says basically up to $135,000 is going into this fund that we are creating and then we are essentially fencing that money even if that particular project doesn’t happen, that’s the way I read it anyway.”

                Councilman Koetzle – “Maybe Attorney Dickson could just clarify if that project doesn’t happen and it’s fenced for the certain purpose what happens to the money if…”

                Attorney Dickson – “I view this as pretty much a budget transfer from one line into a special line or this fund which is always up to the discretion of the Town Board to move it tomorrow if you want.”

                Councilman Koetzle – “So it’s really not fenced; that’s a poor word; it can come back into fund balance.”

                Attorney Dickson – “It would take another resolution of the Town Board to move it from where you are putting it in this resolution to another place in the budget.  Of course you have another budget that you are developing and if that money is not expended by the end of the year it would be up to the Town Board to continue that line item next year or not.”

                Councilman Koetzle – “So that’s my comment about no harm no foul if it runs out next year it just goes back to the fund balance unless it’s re-authorized into the fund.

                So it’s not spending any money here all we are doing is showing that we are committed to the project, it is that important to us, that flooding on our road, Rte. 50…

                Councilman Rosenberg – “It’s actually a State road, not our road.”

                Councilman Koetzle – “…in our town, committed to say “we want to fix that”, that’s all.”

                Supervisor Quinn – “If either the DOT people call me as the Town Supervisor or write me and say “what’s our commitment level to this” I would be happy to answer them or tomorrow morning I will call them up and say we are committed to this and we have the money and it’s in the fund balance.  Could we do it, yes,; you want me to sign it, yes I’ll sign it; without passing this resolution.  This is a resolution to possibly make us competitive for $135,000 which might be the difference between 2% and 3% tax increase if we fence it and don’t move it.”

                Councilman Koetzle – “Just to follow up on that; I hate to do it but you keep saying there’s fund balance there and we are committed to using it but the reality is that fund balance has about 17 different desires attached to it, it appears and what I am saying is right now I don’t know what level that economic development commitment is, no one knows.  You as a Supervisor can tell DOT whatever you want but if this Board doesn’t vote to support that it really means nothing so what I’m saying is, just to respond to what you are trying to say, we have to show the level of commitment by saying “this is what we want to commit to this”.  That fund balance is not committed to anything, we can use it to buy down tax increases, we can use it to buy trucks, pave roads, all of these other commitments so I am saying I’d like to just take that and show the grant provider that we are committed to it.  To say we’ve got fund balance and we’ll use it if it comes to that is not a commitment in my estimation.”

RESOLUTION NO. 130-2009

Moved by:       Councilman Koetzle
Seconded by:    Councilman Quinn

                WHEREAS, the Town Board of the Town of Glenville is committed to enhance the economic vitality of business and community interests and has taken pro-active steps to achieve this goal by creating a Small Business and Economic Development Committee, supporting the newly formed Glenville Business and Professional Association and implementing measures designed to streamline the town’s economic development policies and practices to enhance a “business friendly” environment and simplify the economic development process; and

                WHEREAS, the Town Board is also actively promoting development of the “town center corridor” to increase business activity within that corridor and to encourage community participation and enjoyment at local business establishments; and

                WHEREAS, the Town Board has determined that opportunities currently exist to advance the Town Master Plan vision for the “town center” to assist with preparing the site for future development, creating pedestrian-friendly landscaping for safe site access and enjoyment, enhancing infrastructure and site drainage and partnering with county and state agencies for needed traffic and flood control improvements; and

                WHEREAS, the Town Board has been advised by New York State that its application for up to $540,000 of hazard mitigation funding to abate flooding and infrastructure damage and the public safety threat at the intersection of Route’s 50 and 146, which is in the town Center Master Plan area has been approved for consideration,


                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby creates the Glenville “Revitalization and Economic Development Investment” (REDI) Fund and authorizes an appropriation of up to $135,000 in that fund to be used as the town’s share of hazard mitigation matching grant monies for needed site drainage control and flood abatement and creating pedestrian-friendly landscaping for safe access in coordination with county and state agencies.

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

Motion Defeated

RESOLUTION NO. 131-2009

Moved by:       Councilman Rosenberg
Seconded by:    Councilwoman DiGiandomenico

                WHEREAS, the Town of Glenville is completing the term of a lease this month on the copiers in both the planning department and the mailroom; and

                WHEREAS, the Town budgeted to make lease payments for the balance of the year,

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the lease/ purchase of two copiers for a price not to exceed $9,000 with appropriations for this payment to be taken from budget line item 01.00.1620.4000.  


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

Motion Carried

RESOLUTION NO. 132-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Koetzle

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

                Assessor Department
                Building Department - July
                Highway Department - July
                Human Services
                Justice Department
                Planning Department
                Receiver of Taxes
                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

RESOLUTION NO. 133-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                BE IT RESOLVED, that the minutes of the regular meeting held on September 2, 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

Town Administrator’s Report:

                Anthony Germano – “For those that have been watching our broadcast, our apologies there is no sound, it is not by design, on the last two broadcasts.  There have been some technical difficulties and I have been assured that they have been worked out.  I understand the last two meetings there was plenty of good video but we didn’t have any sound.

                We have an intermunicipal agreement with the Town of Clifton Park for the sharing of a new sewer that was put in the Alplaus extension.  Clifton Park called last week to tell us that they’re moving diligently to get the NYS Comptroller to approve their application for their formation of a sewer district.  It’s doubtful that they will begin any construction this year to hook on to the Alplaus extension.  The good news is that the Glencliff School is currently engaged in a construction project.  I am sure that the Commissioner has additional information on that but they may hook up this year.  Clifton Park is probably a construction season away but they assure us that they should be getting State Comptroller approval hopefully in the next month or so and then they will be doing their final engineering and we can see an addition to that sewer district per the intermunicipal agreement that we have where we could get another 250 users on that system which obviously designed to accommodate those users.”

New Business:

                Councilman Rosenberg – “I would like to put on the agenda for our next work session the Freemans Bridge Road Master Plan.  We haven’t heard anything about that in a long time and the last time I heard it almost sounded like there was a light at the end of the tunnel, that they were just going to do a few things and we had reached the top of the pile but we haven’t heard anything so if we could have an update for the next meeting that would be wonderful.”

                Councilman Quinn – “You may have noticed that I have been late to a couple of meetings recently.  My wife is undergoing some very serious treatments for leukemia right now and unfortunately that has been a very challenging situation for both me and the family.  We are doing our best and we’re trying to be at three places at once and many cases in September and October are going to be very challenging for us but she is doing well and I apologize to the public for my tardiness but that probably will be touch and go for the next couple of months.”

                Councilwoman DiGiandomenico – “Since we have a full board now could we go back to Resolution #9 that was tabled?  (authorizing the purchase of a truck)”

                Supervisor Quinn – “Agenda item number 9 we tabled that for a later date and we said the next meeting but we wanted to make sure that Councilman Quinn had an opportunity to comment on this, so would somebody make the motion to authorize the purchase of the Mack truck with the Henderson body at a sum not to exceed $260,000.

Discussion…

                Councilman Rosenberg – “The other part of this, which is the reason that it’s being submitted the way it is, is we haven’t talked about yet how we are going to pay for it.  This is just whether or not he is authorized to order one.  We can discuss if we want to do a 5 or 10 year bond or pay cash out of the fund balance later.”

                Supervisor Quinn – “So we are giving him the authorization to go out an order it; how are we going to pay the piper?”

                Councilman Rosenberg – “If we order it today under the assumption it’s going to take 8 to 9 months to deliver, if we pay cash obviously they are going to want their money at that point if we bond it the first payment will come the following year which would be 2011.”

                Councilman Koetzle – “I am troubled by that; I know you are comfortable with it, I am very troubled with it.  It’s bad enough when government spends now and pays later, we are spending now figuring out how to pay later, to me that is a disaster waiting to happen because here just figure this scenario; if this Board doesn’t authorize a bond, which needs four (4) votes as I understand it to authorize the bond, not three, it needs a super majority of four, then we are putting the future Board, whoever that may be, in a box.  They are going to have to reach into their pocket and pay cash if we can’t get to a bond resolution, maybe some people don’t want a bond, maybe some people do, but I question and Eric (Town Attorney) maybe I’m wrong, but I question on the legality certainly our fiduciary responsibility of voting to expend $260,000 without identifying where it’s coming from at this point or how it’s going to be paid at some future date.  Is that something…

                Attorney Dickson – “I don’t think there’s anything illegal with buying this if three members of the Board want to buy it.  They are going to have to obviously come up with the money somehow.  We know that there’s fund balance presently available to pay for it.  Either this Board can pass a bonding resolution this year or the new Board would have time actually to figure out what they want to do if there wasn’t a bonding resolution and pass their own bonding resolution after the 1st of January.”

                Councilman Koetzle – “But either way we are saddling a future Board with this responsibility if we can’t reach a decision by the end of this year.”

                Attorney Dickson – “If you don’t make it this year the Board next year will still be able to decide whether they want to pay cash or bond it.  Certainly you are going to give the future Board a budget in the next couple of months that is going to outline how you think it should be done.  They can obviously change that.”

                Councilman Koetzle – “But that Board will not have an option to walk away from the deal, this vote will commit that Town Board…

                Attorney Dickson – “No, they would be committed to buy it.”

                Councilman Koetzle – “I just can’t do that.  I think that is so far out of line with our fiduciary responsibility.  If we had a funding source attached to this resolution I’d feel differently.  Just going back to the other conversation we had about REDI, the Supervisor talked about; don’t worry we have fund balance, well here we go again don’t worry we may have fund balance.  We don’t know.  We don’t know how this is going to get paid for so I am not comfortable with that and I can’t support not knowing how we are going to pay for it.”

                Councilman Quinn – “I mentioned at the work session last week that my preference and it still is my preference is to bond this item.  I have no problem with supporting but it would be my suggestion that as soon as possible so we don’t saddle the next Board with that type of decision, we choose which financing plan we want to go with, if we choose to finance it that way.  I am not in favor of taking that much up front out of fund balance to pay for it in cash right now.  I still believe as I have in the past two years that our debt service as a percentage over total budget is still very reasonable compared to a lot of municipalities.  I am in favor of purchasing the truck but my preference right now and I could support language right now, is that we bond that.  Obviously we need to discuss the term a little bit more for what that’s worth.”

                Supervisor Quinn – “I will follow up with an earlier comment, there’s no harm if we wait until we have a new budget until 2010 and at that time we may know more about what our funding options are because the vehicle obviously won’t make it for this season.  At that time once we have a 2010 budget finalized in November then we know what our financing options are and we may not have money to finance it and we may only have the option of bonding it.”

RESOLUTION NO. 134-2009

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Rosenberg

                WHEREAS, the Superintendent of Highway recommends the purchase of one new cab and chassis truck with dump body and plowing equipment; and,

                WHEREAS, the truck that meets Town Highway needs is available on state contract and therefore will not require a competitive bid;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the Superintendent of Highways to purchase one 2010 Mack Granite with Henderson body and plow equipment on state contract in a sum not to exceed $260,000 as described in OGS specifications Contract #PC62374.

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

Motion Carried

RESOLUTION NO. 135-2009

Moved by:       Councilman Quinn
Seconded by:    Councilwoman DiGiandomenico

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss a personnel 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 8:20 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