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Town Board Meeting Minutes 9/15/2010
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
SEPTEMBER 15, 2010
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

                Supervisor Koetzle called the meeting to order at 7:30 PM;

                Supervisor Koetzle asked the Town Clerk, Linda C. Neals, to call the roll.  

Present:        Supervisor Christopher A. Koetzle, Councilmen Alan Boulant, Mark Quinn, Sid Ramotar and Councilwoman Gina M. Wierzbowski

Absent: None

                Also present were Attorney Michael Cuevas, Director of Operations James MacFarland, Building Inspector Paul Borisenko, Comptroller George Phillips and Highway Superintendent Tom Coppola

                Supervisor Koetzle – “We will be going into an executive session at the end of this meeting to discuss a personnel matter and a contractual matter.  We do not anticipate any action to be taken.”

Town Council Reports

                Councilman Quinn – “Just one quick comment on the budget process.  This Friday afternoon Jamie, Darlene our Assessor and I will be evaluating the resumes that we received for the appointment to the Board of Assessment Review.  It is always good to know that we have very qualified people for both present and future vacancies on that front.

                Just a quick comment on the budget meeting we had last week, kudos on what I thought was a very comprehensive presentation of the budget.  I was also very impressed with the people that attended from the populous because they were very well educated as to some of our options and I thought that some of their comments were very positive and I am looking forward to that process continuing in that fashion.

                The one thing that I would like to reiterate that you mentioned and I think you and I have been on the same page with this one for several years, we really need our unions to be financial partners and that is really the terminology I would like to hear.  For years in the public sector our employees have been enjoying great job security and pretty steady increases in pay and given the state of the economy and the way our tax payers are dealing with very, very difficult financial hardships I think we have to come together and all make sacrifices on that front.  I think “financial partners” is a very good way to put that.”

                Councilman Ramotar – “Foods and Frostings will be having a grand opening tomorrow at 11:00 am, located at 15 Glenridge Road.  Please join them if you are able.

                Also in reference to Baptist Health, outside of the public hearing they are moving right along and they have completed everything that they need to do and they will be starting to build sometime in the spring.

                There is a handout on the table regarding the Glenville Oktoberfest.  It’s going to be a great event.  It will take place on October 2nd from 2:00 pm to 10:00 pm.  Hope to see you all there.”

                Supervisor Koetzle – “The next item on the agenda is a public hearing regarding the unsafe property located at 145 Haigh Road.  I would ask our Building Inspector, Paul Borisenko to come forward and give a brief explanation on the issue.”

                Paul Borisenko – “This is a sad situation with the property owner basically having some issues with hording and health issues.  We have been dealing with this for roughly five (5) years now.  We had him in court many, many, many times and finally it got to the point where we had to have him leave his home.  The home has been unsecured; it is unsanitary, unsafe and the neighbors have been saints.  This is just a bad situation that just needs to be corrected.

                What I’m proposing in this case is to secure the property, clean up the grounds of debris and at this time also the brush, the rubbish and the weeds will be cut.  The inside of the house is chucked full of garbage and debris, it’s pretty shocking to go in there.  It is unsafe and unsanitary and we have to deal with the inside of this house also.”

                Supervisor Koetzle opened the public hearing at 7:40 pm, no one wished to speak; Supervisor Koetzle closed the public hearing at 7:41 pm.

                Supervisor Koetzle – “The next item is a public hearing regarding 37 Marion Blvd and again I will invite Mr. Borisenko to explain.”

                Paul Borisenko – “This property is basically the same situation but has not been a problem for quite as long.  In this case we have an absentee owner, who lives out of state.  We have sent numerous registered letters, notices of violations and at first we were getting some cooperation and then it just stopped.  This property is behind on its taxes and there is no good or easy solution in sight.  The property is overgrown, brush and debris, the house is unsecured and it happens to be in a residential neighborhood where it is a real unattractive nuisance and there has been some reports of kids getting in.  It’s a problem that is just getting worse and needs to be taken care of.

                That house still has some value to it, there has been interest in it but if we don’t do something about it because it has continued to deteriorate and it will get to a point where we will end up demolishing it.

                What we are proposing there is to clean up the yard and the grounds so that the leaves, the brush and debris are all cleaned up.  The water is running in the basement, we need to shut the water off by what ever means it is going to take.  It may be as easy as doing something in the house, it may require us to dig up outside to get to the water main shut-off and we need to secure the property.”

                Supervisor Koetzle opened the public hearing at 7:43 pm

                A resident asked when the town would take possession of this house.

                Attorney Cuevas replied – “We don’t have the right to take possession of the homes.  The Board at this point can authorize the town to take action, corrective action and then to bill the property owner for the expense.  If they don’t pay for the expense of the clean up and securing the property then that would go on to their tax bill and it would be a lean against the property.  So if their taxes go unpaid they may loose the property do to the unpaid taxes when the County does a foreclosure proceeding.  Before that we can’t just take the property.”

                Bill Shader, town resident – “There are a few of us here from that area and one of the neighbors is starting to smell mold in her house, which is probably coming from 37 Marion Blvd. because of the windows being opened and the house is soaking wet.  While it hasn’t been a nuisance as long as the Haigh Road property, the neighbors are close to this place and everybody knows what mold can do.  I don’t think that it is something that should be put on the back burner too long, it’s a health issue.”

                Barbara Hatfield, town resident – “I am right next door with a driveway between.  This house smells of mold and if it does go for taxes how long does that take before you could sell it for taxes?”

                Attorney Cuevas – “In order for the County to bring a proceeding there must be all or part of two years taxes owed but whether or not the county would immediately do that is really up to them.  I noticed that this year they seem to be in regular procedures as far as doing their foreclosure proceedings so that hopefully if the taxes remain unpaid this year it could be on their foreclosure list for next year.”

                Mr. Borisenko – Stated that Nick Barber, Director of Real Property, informed him that they would be closing on this property in 2014.”

                Attorney Cuevas – “As I said, they can use all or part of two years taxes for foreclosure proceeding.  When it is a residential property they have the discretion to give extensions of an additional two years.  I don’t know if anybody has applied to the County for that but if the County doesn’t have enough properties to do foreclosure proceedings they might hold them for a number of years and not do them on a regular two year cycle.  That’s the only thing I can imagine why they wouldn’t do that until 2014.”

                Ms. Hatfield – “If the property is setting there vacant would they let it set there for three years?”

                Attorney Cuevas – “It may mean further action may be required of the Town; right now we’re trying to do what we feel is necessary and the building inspector thinks we can secure the property now and at least stabilize it by shutting off the water and so forth. We will try that but if it continues to deteriorate he may have to come back to the Town Board to seek demolition of the property if that becomes necessary.”

                No one else wished to speak; Supervisor Koetzle closed the public hearing at 7:50 pm.

                Supervisor Koetzle – “The next item on the agenda is a public hearing regarding 1983 Amsterdam Road.”

                Mr. Borisenko – “I was here about 1½ years ago, the house burned on New Years Eve and at that time it was unsafe.  The structure was completely gutted, there was nothing but a frame left, and I really don’t know what kept it standing.  The Board authorized at that time around $7,000 to hire a contractor to knock the house down because there was no cooperation from the owner.  The ownership situation is a complicated matter, the owner of record has been dead for about twelve years, and the estate has never been settled.  The attempts to contact the son who is the executor of the estate have been futile.  We have sent many notices and we have tried to track him down through various measures.  Neighbors have given us addresses that we sent registered letters to and found that he no longer lived there.

                There are also, on the property, two other structures, one was a camp like structure and the other one is a shed which are also in the process of falling down.  All of these structures are also chuck full of stuff.  We are proposing to remove the debris left over from the burnt house, out house; clean out the foundation, which everything is knocked in and fill that in and at the same time remove the other two structures which are in a real state of disrepair.”

                Supervisor Koetzle opened the public hearing at 7:52; no one wished to speak; Supervisor Koetzle closed the public hearing at 7:53 pm.

                No one exercised the Privilege of the Floor.

Supervisor’s Comments

                Supervisor Koetzle shared the following information:

                We held our two budget meetings, one was at the Senior Center and one was held here at the Town Hall.  The turn out was greater at the one held here.  I think we did have at least an opportunity to present to the residents some of the issues that we are facing as we go through the budget cycle as the tentative budget is due September 30th.  I have met with the budget committee and Jamie, the Comptroller and I have had meetings along with Attorney Cuevas to talk about the budget, where we are going and how we are going to get there.
                We are facing some increases in our budget that we can’t fully control at this particular time.  Somewhere between, and we have to preview this with the fact that these are moving numbers, they may not be the same as we get towards the end of the budget cycle because they are some what fluid, we are facing somewhere between $265,000 and $300,000 increase in our health insurance line.  That is the biggest item in this budget that we have to address, anything else we do it’s important but its simply not going to rise to the level of trying to address our health insurance issues.  With that said one of the ideas that came out of the meetings is to re-institute a health insurance committee.  Apparently there was a committee that used to meet and it was made up of employees and management.  They talked about options in health insurance and what some of the ideas might be to try and alleviate some costs.  We are going to get that committee back together.  That was a good suggestion made by one of our employees, Roger Harrison.  Jamie is setting up a meeting with our health insurance broker to start talking about some new ideas and new ways of mitigating this health insurance increase.

                On the revenue side, the mortgage tax is down, we are going to be down and we have talked about this for six months now, probably about a $30,000 net line.  As we put this tentative budget together, I personally do not see any evidence that would suggest that we should increase that revenue line for 2011.  I think we are anticipating probably going into 2011 looking at reducing that by about $65,000.  That is a revenue line that we pointed out at the budget meeting, just in 2007 it was almost one million dollars revenue to this town, this year we will be lucky if we get $575,000.  You’re looking at that revenue being cut in half in three years.

                As we go forward the residents will have an opportunity to hear more about the budget, I will deliver it on the 30th of September as required and you will all have an opportunity to take a look at it and make some amendments and then we will move forward from there.

                I had the honor along with Councilwoman Wierzbowski, to attend a ceremony on Saturday, September 11th at the Lighthouse Restaurant.  I just want to say that Pat and Karen Popolizio were gracious hosts.  They held a wonderful ceremony; John Wells was part of the group that puts this together.  It was a touching tribute; there was a father there that had lost a son on 9/11.  It was a great event that paid tribute to those that lost their lives that day.

                Councilman Ramotar already mentioned the ribbon cutting at “Food and Frostings”, 18 Glenridge Road, tomorrow at 11:00 am.

                The county nursing home issue continues.  Several residents attended the county meeting last night to talk about the issue because obviously there is still a lot of concern with open space and where it’s going.  There are still not a lot of answers.  I have spoke with five Legislatures about the fact that we need to make sure that this home stays in Glenville and I would hope that if any of you have an opportunity to call the legislatures it would be helpful.  I have been playing phone tag with the County Manager, Kathy Rooney.  I don’t think there are a lot of answers but we need to make sure that we continue to talk about 200 plus jobs in Glenville and how important it is that it stays there.  We talked about if they do go to Rotterdam what they will be doing is taking not just one huge property off the tax roll but as a county tax payer we will be losing that tax.

                They still say that there is no economical way for them to try to build on the foot print of the existing site and still service the seniors in there.  I don’t understand that because that building was built for 500 beds and I think they’re maxed at 175 right now.  I don’t know if everything has been explored so what I am trying to do is get at least the information behind; what was the process; what have they looked at; what are the numbers behind it?  I would like to take a tour of the facility with a county official because I hear things, I hear conditions are deplorable; I don’t know what that means; I have never visited anyone there.  If anyone is interested in going on a tour with me maybe we could arrange that.

                Supervisor Koetzle moved ahead with the agenda items.

Discussion…

                Tom Coppola, Highway Superintendent – “This is an amendment to the Original Warrant that was adopted in June; basically what this does is corrects any meter readings that were submitted incorrectly.  Sometimes a resident will read their gas meter by mistake so when this happens we have to submit a corrected meter reading.”


RESOLUTION NO. 155-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, the Water User Fee Roll of the Town of Glenville, Water District No. 11 has been approved for collection as of June 2010, in the amount of $1,721,993.65 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:


2010 Water & Sewer Bill Correction Report for Resolution   9-15-10
Account #
~
WAS
IS
Difference
W/S
Total
141106400
~
$129.51
$40.00
($89.51)
w
$40.00
122104700
~
$187.53
$90.00
($97.53)
s
$0.00
122104700
~
$116.40
$40.00
($76.40)
w
$130.00
110104900
~
$212.51
$110.50
($102.01)
w
$110.50
140101900
~
$40.00
$99.05
$59.05
w
$99.05
116109209
~
$1,533.50
$828.50
($705.00)
W
$828.50
119101100
~
$87.00
$40.00
($47.00)
w
$40.00
149101135
~
$214.46
$449.46
$235.00
w
$449.46
447103490
~
$3,209.24
$2,609.24
($600.00)
s
$0.00
447103490
~
$2,483.40
$2,013.40
($470.00)
w
$4,622.64
116110215
~
$322.00
$674.50
$352.50
w
$674.50
120100700
~
$135.79
$85.54
($50.25)
w
$85.54
116109239
~
$641.82
406.82
($235.00)
w
$406.82
145200940
~
$63.50
$135.29
$71.79
w
$135.29
124100900
~
$496.91
$179.59
($317.32)
w
$0.00
124100900
~
$673.29
268.19
($405.10)
s
$447.78
146109200
~
$505.66
$270.66
($235.00)
w
$270.66
137108800
~
$87.00
$98.00
$11.00
w
$98.00
135107400
~
$181.00
$154.66
($26.34)
W
$154.66
145200700
~
$40.00
$140.15
$100.15
W
$140.15
145200922
~
$144.50
$59.34
($85.16)
W
$59.34
145200673
~
$56.80
$40.00
($16.80)
W
$40.00
145200973
~
$205.98
$64.98
($141.00)
W
$64.98
116110102
~
$116.88
$90.00
($26.88)
S
$0.00
116110102
~
$61.06
$40.00
($21.06)
W
$130.00
134104900
~
$312.34
$77.34
($235.00)
W
$77.34
132108600
~
$40.00
$64.63
$24.63
W
$64.63
113103400
~
$364.06
$40.00
($324.06)
W
$40.00
138101200
~
$78.45
$40.00
($38.45)
W
$40.00
138105600
~
$70.03
$55.93
($14.10)
W
$55.93
150600549
~
$104.71
$0.00
($104.71)
W
$0.00
135100228
~
$40.00
$0.00
($40.00)
W
$0.00
135100228.1
~
$110.50
$193.50
$83.00
W
$193.50
129108005
~
$40.00
$222.21
$182.21
W
$222.21
548109910
~
$71,490.35
$115,838.09
$44,347.74
w
$115,838.09
548109909
~
$99,696.61
$94,712.26
($4,984.35)
w
$94,712.26
115111100
~
$87.00
$40.00
($47.00)
w
$40.00
447109850
~
$1,412.57
$204.50
($1,208.07)
w
$204.50
132105600
~
$175.60
$195.08
$19.48
w
$195.08
548109904
~
$56,049.85
$0.00
($56,049.85)
W
$0.00
548109908
$9,923.16
$0.00
($9,923.16)
$0.00
TOTALS
~
$251,940.97
$220,711.41
($31,229.56)
~
$220,711.41

and;

                BE IT STILL FURTHER RESOLVED that the corrected warrant for Water District #11 is. $1,690,764.09

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 156-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, the Town of Glenville is the recipient of a $100,000 New York Power Authority grant for the purpose of installing a solar photovoltaic system, and

                WHEREAS, the town’s engineering consultant on this project, HRP Associates, recommended installation of such system at the Glenville Municipal Center, and prepared specifications that were formally bid, and

                WHEREAS, formal bidding resulted in a project cost significantly less than the funding allowable under the grant, and

                WHEREAS, a request for proposal was issued to competent solar energy providers to expand the solar PV system such that the grant award is maximized,

                NOW, THEREFORE, BE IT RESOLVED, that Epergy, LLC, 450 Duane Ave, Schenectady, NY 12304, is hereby awarded the solar PV system expansion contract for the work specified in the RFP in the amount of $19,870, and

                BE IT FURTHER RESOLVED that the Supervisor of the Town of Glenville is hereby authorized to enter into agreement with Epergy, LLC, 450 Duane Avenue, Schenectady, NY 12304 for such contract work.

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:    None

Motion Carried

RESOLUTION NO. 157-2010

Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                WHEREAS, Regional Computer Recycling & Recovery (RCR&R) has proposed to provide computer and electronic equipment recycling and data security services to the residents of the Town of Glenville by holding a computer and electronic equipment drop-off day at the Glenville Municipal Center; and

                WHEREAS, RCR&R operates a large scale facility with 65 full-time employees where computers and office electronics are sorted, consolidated, processed and recycled for reuse or de-manufactured for environmental disposal in full compliance with all U.S. Environmental Protection Agency and New York State Department of Environmental Conservation rules, regulations and guidelines; and

                WHEREAS, there will be no cost to the Town for the services provided by RCR&R and no cost to Town residents for the disposal of computer processing units and other accepted electronic items and only modest fees for the disposal of computer monitors ($5.00) and televisions ($10.00); and

                WHEREAS, the responsible disposal of computer and electronic equipment will save landfill space, protect our environment and save residents on disposal costs;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the Town Supervisor to enter into an agreement with Regional Computer Recycling and Recovery to hold a computer and electronic equipment recycling day in the Town of Glenville at the Glenville Municipal Center at no cost to the Town.

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 158-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS,        the Building Inspector of the Town of Glenville has filed a report in writing with the Town Board of the Town of Glenville containing his findings and recommendations regarding certain premises situate on 145 Haigh Road designated by Tax Map No. 29.5-2-49, in which report the Building Inspector states his opinion that said premises are unsafe and dangerous  to the public health, safety and general welfare of the community and recommends the immediate securing of the windows and doors, the shut off of water to the premises and the cutting of the lawn, brush, weeds and shrubs located on the property; and

                WHEREAS, the Building Inspector of the Town of Glenville has also reported significant quantities of garbage, debris and waste materials (hereinafter collectively referred to as “rubbish”) have been stored, deposited, thrown and/or discarded on the premises identified above; and

                WHEREAS, the Building Inspector has notified the Property Owner, William Grabo, by certified mail and physically posting notice on the property that the rubbish should be removed, the lawn, weeds, brush and shrubs cut and the structure secured; and

                WHEREAS, the Property Owner having taken no steps to remove the rubbish, cut the lawn, weeds, brush and shrubs or secure the premises by September 1, 2010, the Town Board of the Town of Glenville adopted a resolution calling for a public hearing on September 15, 2010 at 7:30 PM at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York to hear all persons interested regarding the unsafe property at 145 Haigh Road; and

                WHEREAS,        having heard all persons at the public hearing held on this matter and the Building Inspector reporting that the rubbish has not been removed, the lawn, weeds, brush and shrubs have not been cut, and the structure has not been secured as of September 14, 2010, and after due deliberation thereon;

                NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF GLENVILLE HEREBY FINDS AND DETERMINES THAT:

1.       Significant quantities of rubbish have been stored, deposited, thrown and/or discarded on the property owned by William Grabo located at 145 Haigh Road in the Town of Glenville, County of Schenectady, State of New York (Tax Map No. 29.5-2-49).
2.      That the Building Inspector of the Town of Glenville notified the property owner, by certified mail and by physically posting notice on the property, of the nature of the violations thereon and demanded that the rubbish be removed, the lawn, weeds, brush and shrubs cut and the premises be secured.
3.      That the rubbish was not removed, the lawn, weeds, brush and shrubs were not cut and the building was not secured prior to the Town Board Meeting on September 1, 2010.
4.      That the Town Board adopted a resolution calling for a public hearing regarding the unsafe property located at 145 Haigh Road for September 15, 2010.
5.      That the Town Board held the aforementioned public hearing on September 15, 2010 and heard all persons interested in addressing the Board on this issue.
6.      The rubbish has still not been removed from the property and continues to be stored, deposited, thrown and/or discarded on the property. The rubbish presents a fire hazard and a health hazard and causes and represents an imminent danger and risk to the health and safety of the public.
7.      The lawn, weeds, brush and shrubs have not been cut and represent a health and safety hazard to the public.
8.      That the structure on said premises has not been secured. That the structure is unsecured and an attractive nuisance and presents a fire hazard and a health hazard and represents an imminent danger and risk to the health and safety of the public.

                NOW THEREFORE, BE IT RESOLVED that the property owner is hereby required, directed and ordered within ten days after a certified copy of this resolution is either personally served upon him or mailed to him by certified mail, return receipt requested (addressed to his last known address)  (i) to remove (at his cost and expense) all of the rubbish from the property and (ii)  to have the rubbish immediately thereafter taken to a location where its storage or deposit is in compliance with applicable provisions of law and (iii) to secure the windows and doors of the structure and (iv) to cut the grass and/or weeds, brush  and shrubs growing on the property; and

                IT IS FURTHER RESOLVED that in the event the property owner or his estate fails to comply with the requirements of this resolution within the deadline established herein, the Town is hereby authorized and empowered (by virtue of the provisions of the Town Law, the New York State Building and Fire Code, and other applicable provisions of law), to enter upon the premises and to cause the rubbish to be removed from the property, to secure the windows and doors of the structure and to shut the water service to the structure and to cut the grass, weeds, brush and shrubs. The total expense of such demolition and rubbish and debris removal shall be assessed by the Town Board on the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges; and

                IT IS FURTHER RESOLVED that in the event it becomes necessary for the Town to secure the structure and to remove all debris an rubbish from the property, and to cut the grass, weeds, brush and shrubs, the Supervisor of the Town is hereby authorized and empowered to enter into a contract on behalf of the Town with a suitable contractor or, if the same can be accomplished at a lesser cost through the use of Town employees, with the Department of Public Works, to (i) enter on the property and (ii) demolish the structure located thereon and (iii) to remove the debris from the structure and the rubbish from the property and to take it to a location where it may be stored or deposited in compliance with applicable law.
Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

Discussion…

                Councilman Boulant – “One of the residents that spoke stated that this residence has been vacant for three years and Mr. Borisenko stated that the county wouldn’t be able to do anything until 2014; that’s seven years.”

                Mr. Borisenko – “The taxes are up to date.”

                Councilman Boulant – “We haven’t been able to contact those residents and they’ve paid the taxes?  We don’t know where the money is coming from?”

                Mr. Borisenko – “One of the owners is an out-of-town owner and we did receive responses from our notices and now we are not getting any.  We haven’t had a response for the past year.”

                Supervisor Koetzle – “That’s when they stopped paying taxes.  Something must have happened.”

                Councilman Boulant – “It seems like a long time can go by before anything can happen.  Nothing else can be done?”

                Attorney Cuevas – “In order to take the property; the county is choosing to take the longest period of time because they can do it with all or part of two years taxes, so if school taxes weren’t paid and then the next year the town taxes weren’t paid you could bring foreclosure proceedings based on that, even if they paid town taxes the prior year. With residential property they have the option to give 2 two-year extensions and probably rather than deal with extensions they just stretch everybody out for six years.”

                Councilwoman Wierzbowski – “I do know that Mr. Borisenko has tried to go through the courts to get citations issued, appearances by the property owner and he has had no response and no success so this was, in talking with Mr. Borisenko, the one option that was opened to us as a board to try to do something at least to secure the property, to clean the mess up and try to help the residents have a better quality of life in their neighborhood.  Unfortunately there is not a lot that the law allows us to do beyond this right now.”

                Councilman Quinn – “If they are ignoring the tax liens beyond a certain point and there is just an overwhelming health hazard, like this situation, is there no way that could at least expedite the process or trump just the tax aspect of that?  This just seems like a “catch 22”, awfully frustrating.”

                Attorney Cuevas – “Our authority is granted by town law and so our authority is to enforce the Building and Fire Code which Mr. Borisenko is doing and since we don’t do our own foreclosure proceedings, the county does them for all of the towns and that is why they make us whole for the taxes because they have control of the process.  It’s different for the City of Schenectady where they do their own foreclosure proceedings, these days they don’t do that either they sell their tax liens, but when they did their own proceedings they had more control over the process unfortunately as a town we don’t.”

                Supervisor Koetzle – “Can we request that they do not extend any extensions?”

                Attorney Cuevas – “It’s probably worth discussing with the County Attorney’s Office what their…why they have that power.”

                Councilman Quinn – “You are saying statutorily we have no authority.”

                Supervisor Koetzle – “I do have particular concern hearing about the mold and the impact on the neighbors.  I do know mold can be a terrible thing to deal with obviously.  Will we stay on top of making sure the mold dries up?  Will we go in and inspect it.”

                Mr. Borisenko – “We can, I don’t know how far the board wants to go above and beyond making the building secure.  I am very confident that by securing the property, shutting the water off, dealing with the moisture problems the mold will not go away but it won’t be a problem for the neighbors.”

                Attorney Cuevas – “I think to that point we may be able to get somebody from County Health/Environmental Health, when we do go to the property, to go with us and access the situation.”

RESOLUTION NO. 159-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Quinn

                WHEREAS,        the Building Inspector of the Town of Glenville has filed a report in writing with the Town Board of the Town of Glenville containing his findings and recommendations regarding certain premises situate on 37 Marion Boulevard designated by Tax Map No. 29.15-1-43, in which report the Building Inspector states his opinion that said premises are unsafe and dangerous  to the public health, safety and general welfare of the community and recommends the immediate securing of the windows and doors, the shut off of water to the premises and the cutting of the lawn, brush, weeds and shrubs located on the property; and

                WHEREAS, the Building Inspector of the Town of Glenville has also reported significant quantities of garbage, debris and waste materials (hereinafter collectively referred to as “rubbish”) have been stored, deposited, thrown and/or discarded on the premises identified above; and

                WHEREAS, the Building Inspector has notified the Property Owner, Shawn P. Baker, by certified mail and physically posting notice on the property that the rubbish should be removed, the lawn, weeds, brush and shrubs cut and the structure secured; and

                WHEREAS, the Property Owner having taken no steps to remove the rubbish, cut the lawn, weeds, brush and shrubs or secure the premises by September 1, 2010, the Town Board of the Town of Glenville adopted a resolution calling for a public hearing on September 15, 2010 at 7:30 PM at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York to hear all persons interested regarding the unsafe property at 37 Marion Boulevard; and

                WHEREAS, having heard all persons at the public hearing held on this matter and the Building Inspector reporting that the rubbish has not been removed, the lawn, weeds, brush and shrubs have not been cut, and the structure has not been secured as of September 14, 2010, and after due deliberation thereon;

                NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF GLENVILLE HEREBY FINDS AND DETERMINES THAT:

1.      Significant quantities of rubbish have been stored, deposited, thrown and/or discarded on the property owned by Shawn P. Baker located at 37 Marion Boulevard in the Town of Glenville, County of Schenectady, State of New York (Tax Map No. 29.15-1-43).
2.      That the Building Inspector of the Town of Glenville notified the property owner, by certified mail and by physically posting notice on the property, of the nature of the violations thereon and demanded that the rubbish be removed, the lawn, weeds, brush and shrubs cut and the premises be secured.
3.      That the rubbish was not removed, the lawn, weeds, brush and shrubs were not cut and the building was not secured prior to the Town Board Meeting on September 1, 2010.
4.      That the Town Board adopted a resolution calling for a public hearing regarding the unsafe property located at 37 Marion Boulevard for September 15, 2010.
5.      That the Town Board held the aforementioned public hearing on September 15, 2010 and heard all persons interested in addressing the Board on this issue.
6.      The rubbish has still not been removed from the property and continues to be stored, deposited, thrown and/or discarded on the property. The rubbish presents a fire hazard and a health hazard and causes and represents an imminent danger and risk to the health and safety of the public.
7.      The lawn, weeds, brush and shrubs have not been cut and represent a health and safety hazard to the public.
8.      That the structure on said premises has not been secured. That the structure is unsecured and an attractive nuisance and presents a fire hazard and a health hazard and represents an imminent danger and risk to the health and safety of the public.

                NOW THEREFORE, BE IT RESOLVED that the property owner is hereby required, directed and ordered within ten days after a certified copy of this resolution is either personally served upon him or mailed to him by certified mail, return receipt requested (addressed to his last known address)  (i) to remove (at his cost and expense) all of the rubbish from the property and (ii)  to have the rubbish immediately thereafter taken to a location where its storage or deposit is in compliance with applicable provisions of law and (iii) to secure the windows and doors of the structure and (iv) to cut the grass and/or weeds, brush  and shrubs growing on the property; and

                IT IS FURTHER RESOLVED that in the event the property owner or his estate fails to comply with the requirements of this resolution within the deadline established herein, the Town is hereby authorized and empowered (by virtue of the provisions of the Town Law, the New York State Building and Fire Code, and other applicable provisions of law), to enter upon the premises and to cause the rubbish to be removed from the property, to secure the windows and doors of the structure and to shut the water service to the structure and to cut the grass, weeds, brush and shrubs. The total expense of such demolition and rubbish and debris removal shall be assessed by the Town Board on the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges; and

                IT IS FURTHER RESOLVED that in the event it becomes necessary for the Town to secure the structure and to remove all debris and rubbish from the property, and to cut the grass, weeds, brush and shrubs, the Supervisor of the Town is hereby authorized and empowered to enter into a contract on behalf of the Town with a suitable contractor or, if the same can be accomplished at a lesser cost through the use of Town employees, with the Department of Public Works, to (i) enter on the property and (ii) demolish the structure located thereon and (iii) to remove the debris from the structure and the rubbish from the property and to take it to a location where it may be stored or deposited in compliance with applicable law.
Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 160-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS,        the Building Inspector of the Town of Glenville has filed a report in writing with the Town Board of the Town of Glenville containing his findings and recommendations regarding a certain structure situate on premises on 1983 Amsterdam Road designated by Tax Map No. 29-4-7, in which report the Building Inspector states his opinion that said structure is unsafe and dangerous  to the public health, safety and general welfare of the community and recommends its immediate securing or removal; and

                WHEREAS, the Building Inspector of the Town of Glenville has also reported significant quantities of garbage, debris and waste materials (hereinafter collectively referred to as “rubbish”) have been stored, deposited, thrown and/or discarded on the premises identified above; and

                WHEREAS, the Building Inspector has notified the Property Owner, James D. Lemmo (deceased) or his estate, by certified mail and physically posting notice on the property that the rubbish should be removed and the structure secured or demolished; and

                WHEREAS, the Property Owner having taken no steps to remove the rubbish or secure or demolish the premises by September 1, 2010, the Town Board of the Town of Glenville adopted a resolution calling for a public hearing on September 15, 2010 at 7:30 PM at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York to hear all persons interested regarding the unsafe property at 1983 Amsterdam Road; and

                WHEREAS, having heard all persons at the public hearing held on this matter and the Building Inspector reporting that the rubbish has not been removed, the property has not been secured or demolished as of September 14, 2010, and after due deliberation thereon;

                NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF GLENVILLE HEREBY FINDS AND DETERMINES THAT:

1.      Significant quantities of rubbish have been stored, deposited, thrown and/or discarded on the property owned by James D. Lemmo (deceased) located at 1983 Amsterdam Road in the Town of Glenville, County of Schenectady, State of New York (Tax Map No. 29-4-7).
2.      That the Building Inspector of the Town of Glenville notified the property owner, by certified mail and by physically posting notice on the property, of the nature of the violations thereon and demanded that the rubbish be removed and the premises be secured or demolished.
3.      That the rubbish was not removed and the building was not secured or demolished prior to the Town Board Meeting on September 1, 2010.
4.      That the Town Board adopted a resolution calling for a public hearing regarding the unsafe property located at 1983 Amsterdam Road for September 15, 2010.
5.      That the Town Board held the aforementioned public hearing on September 15, 2010 and heard all persons interested in addressing the Board on this issue.
6.      The rubbish has still not been removed from the property and continues to be stored, deposited, thrown and/or discarded on the property. The rubbish presents a fire hazard and a health hazard and causes and represents an imminent danger and risk to the health and safety of the public.
7.      That the structure on said premises has not been secured or demolished. That the structure, a garage or storage shed, is filled with rubbish and presents a fire hazard and a health hazard and represents an imminent danger and risk to the health and safety of the public.

                NOW THEREFORE, BE IT RESOLVED that the Executor of the estate of the property owner is hereby required, directed and ordered within ten days after a certified copy of this resolution is either personally served upon the Executor of the estate of the property owner or mailed to him by certified mail, return receipt requested (addressed to his last known address) (i) to remove (at his cost and expense) all of the rubbish from the property and (ii)  to have the rubbish immediately thereafter taken to a location where its storage or deposit is in compliance with applicable provisions of law and (iii) to demolish the garage or storage shed remaining on the property and to properly dispose of all rubbish stored or located therein and (iv) to mow the grass and/or weeds growing on the property; and

                IT IS FURTHER RESOLVED that in the event the property owner or his estate fails to comply with the requirements of this resolution within the deadline established herein, the Town is hereby authorized and empowered (by virtue of the provisions of the Town Law, the New York State Building and Fire Code, and other applicable provisions of law), to demolish the garage or storage shed and to cause the rubbish and remnants of the garage or storage shed to be removed from the property. The total expense of such demolition and rubbish and debris removal shall be assessed by the Town Board on the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges; and

                IT IS FURTHER RESOLVED that in the event it becomes necessary for the Town to demolish the structure and to remove all debris an rubbish from the property, the Supervisor of the Town is hereby authorized and empowered to enter into a contract on behalf of the Town with a suitable contractor or, if the same can be accomplished at a lesser cost through the use of Town employees, with the Department of Public Works, to (i) enter on the property and (ii) demolish the structure located thereon and (iii) to remove the debris from the structure and the rubbish from the property and to take it to a location where it may be stored or deposited in compliance with applicable law.
Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 161-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS,        a written petition has been presented to and filed with the Town Clerk of the Town of Glenville requesting that an extension to Water District No.11 of the Town of Glenville be established to include real property described by section, block and lot number in the petition and consisting of one parcel located on Swaggertown Road in the Town of Glenville; and

                WHEREAS, a map, plan and report prepared by The Chazen Company, Engineers with a revised date of July 16, 2010 has been filed in the office of the Town Clerk of the Town of Glenville; and

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby adopts the following order:

ORDER

1.      A petition to extend water service from Water District No. 11 from existing water mains at intersections of Horstman Drive and Swaggertown Road and N.Y.S. Route 50 (Ballston Road) and Swaggertown Road to the premises at 7 Swaggertown  Road has been filed with the Town Clerk on or about August 25, 2010.
2.      The real property to be included in the extension is described by section, block and lot number as identified on the Schenectady County Real Property Tax Service Agency Tax Map as: 30.09-2-20.1
3.      The improvements proposed are the installation of water mains and appurtenances on Swaggertown Road, from existing water mains at Horstman Drive and N.Y.S. Route 50 (Ballston Road) to 7 Swaggertown Road with additional connections from the property to the existing water mains in Birch Knoll Drive and Horstman Drive to provide redundant loops as indicated above.
4.      The amount proposed to be expended for the extension will be borne entirely by the developer.
5.      While the improvements may benefit other users in the future, no portion of the cost will be attributable to Water District No.11.
6.      The estimated annual cost to the typical property is:
a.      District:       $0.00
b.      Extension:      To be determined as it will increase as project is developed.
7.      The map, plan and report describing this proposed extension are on file in the Town Clerk’s Office and may be inspected by members of the public.
8.      The proposed financing method to be employed in the construction of this water district extension is private financing by the developer Baptist Health, Nursing and Rehabilitation Center, Inc.

                NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Glenville will hold a public hearing on the petition to establish this extension to Water District No. 11 on October 6, 2010 at 7:30 PM or as soon thereafter as the matter can be reached, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, New York to hear all persons interested in the establishment of this extension to the water district; and

                BE IT FURTHER RESOLVED that a copy of this order certified by the Town Clerk shall be published at least once in the official newspaper of the Town and that said publication be not less than ten nor more than twenty days before the October 6, 2010 public hearing date.

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 162-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS,        a written petition has been presented to and filed with the Town Clerk of the Town of Glenville requesting that an extension to Sewer District No.9 of the Town of Glenville be established to include real property described by section, block and lot number in the petition and consisting of one parcel located on Swaggertown Road in the Town of Glenville; and

                WHEREAS, a map, plan and report prepared by The Chazen Company, Engineers with a revised date of July 16, 2010, has been filed in the office of the Town Clerk of the Town of Glenville; and

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby adopts the following order:

ORDER

1.      A petition to extend Sewer District No. 9 from an existing manhole in Freemans Bridge Road across the lands of Two Guyz Realty, LLC, a/k/a 175 Freemans Bridge Road (Mohawk Honda), then across Ballston Avenue, then generally westerly along Horstman Drive, then to the intersection of Swaggertown Road and Horstman Drive down Swaggertown Road to the subject property has been filed with the Town Clerk on or about August 25, 2010.
2.      The real property to be included in the extension is described by section, block and lot number as identified on the Schenectady County Real Property Tax Service Agency Tax Map as: 30.09-2-20.1
3.      The improvements proposed are the installation of sewer mains and appurtenances along the route described in “1” as indicated above.
4.      The amount proposed to be expended for the extension is approximately $1,600,000.00 to be borne entirely by the developer.
5.      While the improvements may benefit other users in the future, no portion of the cost will be attributable to Sewer District No.9.
6.      The estimated annual cost to the typical property is:
a.      District:       $0.00
b.      Extension:      To be determined as it will increase as project is developed.
7.      The map, plan and report describing this proposed extension are on file in the Town Clerk’s Office and may be inspected by members of the public.
8.      The proposed financing method to be employed in the construction of this sewer district extension is private financing by the developer Baptist Health, Nursing and Rehabilitation Center, Inc.

                NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Glenville will hold a public hearing on the petition to establish this extension to Sewer District No. 9 on October 6, 2010 at 7:30 PM or as soon thereafter as the matter can be reached, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, New York to hear all persons interested in the establishment of this extension to the sewer district; and

                BE IT FURTHER RESOLVED that a copy of this order certified by the Town Clerk shall be published at least once in the official newspaper of the Town and that said publication be not less than ten nor more than twenty days before the October 6, 2010 public hearing date.

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

                Councilman Quinn – “Unfortunately we had a septic system failure at Indian Meadows Park that necessitated the repairs in the amount of $12,880.  The good news is that this was not a budget buster, we were able to find this money in other line items so it didn’t involve a terrible impact to the budget in that regard.”



RESOLUTION NO. 163-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                WHEREAS, emergency repairs were made to the septic system at Indian Meadows Park as a result of failure of the system in July 2010, and

                WHEREAS, the Commissioner of Public Works, Engineering Technician II, and the Director of Human Services monitored the repair sequence, approving additional work as investigation into the cause of the failure progressed, and

                WHEREAS, the Commissioner of Public Works, Engineering Technician II and the Director of Human Services have reviewed the invoice for the septic system repair and recommend approval for payment,

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville hereby approves payment of the invoice dated July 29, 2010, in the amount of $12,880 to Nicoll Construction, 898 Saratoga Road, Ballston Lake, NY, 12019, to be charged to account number 02.00.7110.4400.

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:    None

Motion Carried

RESOLUTION NO. 164-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                BE IT RESOLVED that the Monthly Departmental Reports for August, 2010 as received from the following:

                Assessor’s Department
                Building Department
                Dog Control
                Highway Department
                Justice Department
                Planning Department
                Section 8 Housing Payments
                Town Clerk's Office

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

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 165-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                BE IT RESOLVED, that the minutes of the regular meeting held on September 1, 2010 are hereby approved and accepted as entered.

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

New Business:

                Councilman Boulant – “Mr. Supervisor, an idea that we have had discussions about with the Glendale Home; a suggestion that many people have made and now Mr. Bartos and I have exchanged emails about and he said that he has made inquiries to the county of a novel idea as we are always looking for dollars to help alleviate the burden on the residents.  Maybe doing something with the Glendale Home at the existing Baptist site when Baptist Health builds their new facility on Swaggertown Road.  Maybe the county getting out of the nursing home business like other counties are and Mr. Bartos has shown interest and possibly being involved in something of that nature and possibly taking the existing facility, demolish it and sell it to a developer for a very well thought out residential development to put it back on the tax rolls, take some of that 50 million dollars that the county is throwing out there to improve the existing Baptist facility to accommodate them.  This is something that should be discussed further.”

                Supervisor Koetzle – “For the life of me, I do not understand why the County has not explored this option.  It seems like the most obvious option.  Baptist Retirement was built in 1977 and an addition was done in 1994; I believe that the current Glendale Nursing Home was built in 1936 so that would be a huge upgrade.  To your point you can certainly do upgrades for less than 50 million dollars.  Perhaps they could contract with Baptist and that would save it from being an empty building.

                All I can say at this point is that I have reached out to the legislatures and to the county manager, I have talked about this with them, I’ve offered that as an option but I haven’t gotten a lot of feed back so I would strongly suggest to everyone on this board to call the legislatures and voice your thoughts on this.  It’s just too important for us to loose 220 jobs in the town, it’s too important to have an empty building sitting there, to save 50 to 60 million dollars to county tax payers on building a new home, to preserve open space and the list is so long as to why we should be looking at this project.  I really encourage everybody on this board and every resident to call your legislatures and tell them to think this through and be transparent on the process because I don’t think any of us have seen any numbers or any plans, any ideas or any thoughts on this.

                I agree with Councilman Boulant, it is frustrating but we will continue to work the best we can.”

                Councilwoman Wierzbowski – “I would just echo both of your sentiments.  I agree with the ideas that Councilman Boulant has.  I think as elected officials we have a responsibility to be fiscally responsible as tax payers and 50 million dollars is a lot of money no matter where you live and Schenectady County is one of the smallest counties if not the smallest county in NYS and our population coincides with that small geographical area and it’s going to be a burden that is felt by every single one of us in this county for many, many years to come and I just think it would be reprehensible for the county to not go forward and at least legitimately look at this option and then present legitimate reasons why they may not choose to go that route.  I just can’t see why they wouldn’t.”

                Councilman Ramotar – “I would also like to add to what Councilman Boulant mentioned it’s a great idea.  Is there anyway that we can facilitate a meeting.”

                Supervisor Koetzle – “I have been working on it.  I believe that we are close to having Legislature Finn come and meet with the residents on Cedar Lane.  The residents of Cedar Lane are focused on one issue and that’s open space so their issue isn’t what to do with the county home or where to put it or anything like that.  They are just looking to preserve open space and I support them in that personally, I believe it is the right thing to do but this issue is slightly different.  I think we need to continue to try and talk about getting together and have a discussion with them and I think it starts with the county manager and I will continue to try and facilitate that.  I think it starts with a tour of the facility.  I really would like to get in there and take a look at it and maybe, Mr. Bartos, we could take a tour of your facility and invite the legislatures.  Maybe a good start would be with a “meet and greet” of the facilities.”

                Supervisor Koetzle adjourned this portion of the meeting 8:37 pm and entered into Executive Session.

RESOLUTION NO. 166-2010

Moved by:       Councilman Boulant
Seconded by:    Councilman Quinn

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

Ayes:   Councilmen Boulant, Quinn, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

                Time being 10:15 p.m.; Supervisor Koetzle reconvened the meeting and announced that no action was taken during the Executive Session.

                Supervisor Koetzle asked for a motion to adjourn; motion to adjourn was moved by Councilwoman Wierzbowski; Seconded by Councilman Quinn, everyone being in favor the meeting was adjourned at 10:16 PM.


                                                                ATTEST:





______________________________
Linda C. Neals
Town Clerk