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Town Board Meeting Minutes 4/21/2010
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
APRIL 21, 2010
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

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

Absent: None

                Supervisor Koetzle called the meeting to order at 7:30 PM; gave the Invocation and led us in the Pledge of Allegiance.

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

                Supervisor Koetzle stated that representatives from the BH/BL Board of Education would be giving an update on the proposed 2010-2011 school district budget and that the Town Board will enter into an executive session at the end of the meeting to discuss a legal matter and a contract update.

Town Council Reports:

                Councilman Quinn – “Last Monday, Jamie and I attended the newly constituted Efficiency in Government Committee (EIG) meeting.  They are a very enthusiastic group with some very good ideas.  Dave Tomasky was unanimously voted upon as the new Chair.

                One of the task items will be to cross reference the Strategic Plan with some of the recommendations that they made several years ago to see if there is some implication but better yet maybe some areas that either we didn’t cover or they didn’t that we can expand upon, so we are looking forward to that.”

                Councilwoman Wierzbowski – “Just a reminder that we will be having the town wide roadside bulk item pick up that will begin on May 15th.  It will be completed in one week and we ask the residents to put their items out only one week prior to the 15th.  The entire list of acceptable/non-acceptable items is available on our website www.townofglenville.org .”

                Councilman Ramotar – “Earlier today Councilman Boulant, myself and town staff visited the new Dimension Fabricators site located in the Glenville Business and Technology Park at the former Super Steel site.  The owner, Scott Stevens, gave us a tour of the plant.  Dimension Fabricators plans on having a 5 million dollar investment in Glenville.  They will have 60 employees.

                The Economic Development and Planning staff and I met with Ray Gillen of Metroplex to determine where certain projects stand, one being the K-Mart property.  The owner is still in discussion with a large retailer to re-develop the site with a big box project which includes a 40,000 sq. ft. building, but because of the slumping economy and tight lending standards it’s delayed the project.

                The General Service Administration (GSA) has settled a clean-up method with NYS Department of Environmental Conservation for the TC plume that exists on the GSA property and Metroplex and the Town are in agreement that GSA needs to address the contamination before the property gets sold or put up for auction.

                Metroplex is looking at working with prospects of development of two other sites, one being the Schenectady County Airport near the County ice rink and a ten (10) acre vacant site west of the Dimension Fabricators in the Glenville Business and Technology Park.

                The Town of Glenville Small Business and Economic Development Committee (SBED) will host a small business “Toolbox Seminar” on Tuesday, May 4th from 8:00 am to 10:00 am at the Glenville Municipal Center, 18 Glenridge Road.  This seminar is to talk about the basics of economic development lending available to businesses.  It is a two hour class that will include a presentation from Metroplex and US Small Business Administration.  This is just another step that we are taking to help fill some of the vacant properties in Glenville.”

                Supervisor Koetzle – “Item #5 on the agenda is a public hearing on a proposed local law to amend Chapter 255, Vehicle and Traffic, Speed Limit and Stop Intersections, of the Code of the Town of Glenville.  This proposed local would place a stop sign at the intersection of Alder Lane and Willow Lane and to reduce the speed limit on Hoffman Hill Road extension from 40 mph to 30 mph.”

                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 – “Item #6 on the agenda is a public hearing to consider the amendment to the Code of the Town of Glenville to add a new Chapter 63, “Small Claims Settlement Board”.  This Settlement Board would have the authority to settle any claims of $500 or less made against the town.  The Settlement Board would be made up of the Town Attorney/Attorney to the Town, Town Comptroller and the Director of Operations.”

                Supervisor Koetzle opened the public hearing at 7:42 pm.
                No one wished to speak; Supervisor Koetzle closed the public hearing at 7:43 pm.

                Supervisor Koetzle invited John Blowers, Vice-President/Finance Chair for the BH/BL Board of Education to come forward.

                BH/BL School Board members present were John Blowers, Elizabeth Herkenham and John Pericone.

                John Blowers – “I would like to share a few highlights from our budget that we have just accepted as a board and that we will be putting before the voters on May 18th and also talk about some ideas about maybe partnering between municipalities and agencies.  For more information visit their website www.bhbl.org .

                Mr. Blowers explained the steps involved in how they build the budget.  He stated that they have the following to consider, state aid, enrollment, state & federal mandates, input from parents, state and local economy, potential tax caps, staff retirements, rulings by the courts or state comptroller, etc.

                He stated that the primary two sources of revenue are state aid (36%), property tax (61%), other 2% and fund balance 1%.  On the expense side the majority is on salary and benefits, which provides the education for our students.  The second is debt service followed by pupil service, transportation and operation and maintenance.

                When we went into this process this year, about six (6) months ago our preliminary budget was essentially the Governor announcing that he was going to eliminate 1.4 billion dollars in state aid, for us that means 1.6 million in less aid.  We recognized last year that this was going to be a multi-year challenge that we were heading into so we have developed some strategies to combat that.  Elizabeth will explain.

                Elizabeth Herkenham – “As a board we take a look at five (5) different areas to try and bring our budget in line with what needs to be done and they are: state aid restoration, retirement savings, fund balance, bargaining unit concessions and staffing & program reductions.

                The Assembly has restored about $650 million to the budget, not finalized yet but has some promise to it.  A retirement incentive offered will save us $200,000.  We have a fund balance of $2 million; applying $1 million to tax levy and allocate the second million to next year.  We expect to start growing this balance again with health insurance savings.

                Staff Concessions:  2009-2010 co-pay increases resulting in $110k savings and in 2010-11 exploring Medicare option w/potential $250k savings over several years; lowest increase in contracts negotiations.

                Reducing programs and staffing; 2009-10 $1 million reduction in staffing, & program costs, reductions of more than 16 full-time positions which effected about 24 individuals and this year we are looking at about $1.5 million reduction in staffing & program costs which is a scary scenario, it turns out to be about 25 equivalent staff people.  We have a real concern with that.

                We have less than a 0.01% budget to budget increase because of all of the concessions and all of the various different areas that I touched upon earlier.  Because we are having a reduction in state aid there still will be a tax levy associated with that and that works out to be a 2.2% tax levy on average across the state.

                This is all based on the Governor’s proposal so if the Assembly comes back with an additional $650 million dollars in restoration we have discussed what we would do with those additional funds; reduce the tax levy to our community; restore some of the programs and build a fund balance.

                Mr. Blowers mentioned the following proposals:

        Staffing Cuts:
                Equivalent of 25 full-time staff: 3.5% of current teachers, 4.9% of current support staff, 5.7% of current administrators

        Material Things:
                Cut equipment & supply codes already frozen for 2 years.
                Don’t replace 13-year old snow plow and sports uniforms.

        Services & Programs:
                Loss of Open Door program for 1st graders, Career Fair
                Cut staff development & several summer services
                Fewer field trips, non-league sports competitions, scrimmages
                BOCES STEP program for suspended pupils

        Staffing cuts in 2010 Proposed Budget
·       Equivalent of 25 positions in FTEs
·       Reduced K-12 curriculum structure (resulting in less curriculum oversight, development & continuity): Eliminate 1 district dept. head & middle school teacher leaders
·       Loss of elementary, middle school & high school teachers
·       Loss of some monitors & teacher assistants
·       Loss of secondary librarian & 3 elementary library clerks
·       Loss of some custodial & clerical positions

                When we talk about a 2.2% tax increase, on average a home assessed at $170,000-$175,000, that would equate to somewhere between $68 - $90 increase.

                Potential Partnership Opportunities

1.      Shared services
·       Building & grounds supplies
·       Fleet acquisition/disposition
2.      Joint Ventures
        Explore inter-municipal agreement
·       Support area growth – especially business/commercial growth
·       Explore vehicle washing station

Supervisor’s Comments:

                The following exercised the privilege of the floor:

                Valerie DiGiandomenico mentioned several newspaper headlines that caught her attention in the past few weeks.  The first one was from the Town of Milton, “Public shows support for Anti-Nepotism Law – Jobs for Committee Members questioned”.
·       Overseeing the hiring of relatives for municipal jobs
·       Allow a maximum of four (4) employees to sit on political committees in Milton
·       No town employees that are members of appointed boards should be involved in any political party that endorse candidates for elected offices

Second headline “Milton – Proposed Law Targets Nepotism – Board to hold public hearings on ethics legislation”
·       Town Board in Milton expected to enact new ethics laws and clearing appearances of nepotism and political connections from town hall are stressed in the proposed legislation:

                “No elected official or town employee in a supervisory position would be allowed to participate in the hiring, promotion, discipline or firing of a family member in town government.”

Third headline “Stillwater, Town passes new tougher Ethics Code, State Comptroller push for rules to avoid any conflict of interest in local government.
·       Stillwater approved revised ethics code that strengthens language prohibiting gifts to town officials.
·       State Comptroller DiNapoli called on all municipalities to review their ethics regulations and he highlighted the need to avoid even the appearance of conflict of interest in government.  The Comptroller said that there would be a mandate.
·       The new Stillwater code restricts public officials from receiving gifts, we have taken out the gray area and said don’t take any gift.

                New Scotland’s law would change terms and establish a code of conduct for members of the Town Planning Board.
·       Law would change terms of appointment to four (4) years as opposed to seven (7)
·       Limit each member to three (3) consecutive terms, law allows for termed out members to return after two (2) years
·       So it goes without saying the Planning Board appointments, just like any appointment are politically motivated.

        In local elections the ones that most closely represent what their constituency wants the victor goes the spoils and one of the spoils of winning a town council position is to try to appoint someone you feel is the best candidate to serve this position.  More often then not, that individual will have the same political leaning as the person nominating them.

        In view of the State Comptroller’s mandate I would like to suggest that Glenville’s Ethics Committee look at revising the town’s present code to include some of the points that were presented.

        Ms. DiGiandomenico presented copies of the Town of Milton Code of Ethics (draft) and asked the Board to forward it to the Town’s Ethic Committee members for their review.

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

                Supervisor Koetzle shared the following information:

                Regarding the presentation by the BHBL School Board, we will continue to talk about opportunities, not only with BHBL but with the other school districts in the town.  Tom Coppola, Superintendent/Commissioner had some good ideas on a vehicle washing station.  I think we have a good opportunity to share some of those costs and make something work for our residents.

                On the letter to the County regarding the Unified Dispatch proposal, that letter was sent out and I have not heard back from anybody on it.  I am hopeful that it starts a conversation.  I have tried everyway I can to start a conversation so this is another opportunity to do that.

                Contract negotiations, as you all know are under way with PBA.  We will be scheduling dates with the Highway and CSEA Unions soon.

                George and I met with the Finance Committee, this was our second meeting.  We discussed a few ideas on metrics, how can we gage how we are doing, performance budgeting throughout the year with department heads, we have talked about metrics that made sense to the board so that the board had a good dashboard understanding where we are with our budget.  We are also looking at multi-budgets and we really have to begin to look at this process with a three to five year version to try and understand what our decisions today are going to mean in the future so that committee is continuing to look at those issues and we will be continuing to meet.

                We are all invited to the BHBL Little League opening day which is May 8th at 10:00 am.  May 8th is also the annual Indian Kill Open House Fishing Day.

                Our newsletter was mailed out in the Weekly on April 8th, it is also available on our website and extra copies can be obtained at the Town Clerk’s Office.  I also put out extra copies of the Strategic Plan and the letter to the County regarding the UCC (Unified Communications Center) so that people can begin to understand our position on the UCC.

                Jamie and Mike Cuevas met with Time Warner Cable last week regarding our franchise agreement renewal.  We are continuing to work towards an agreement.  The next meeting is May 26th and we are currently looking for an estimate on the cost of cable to our water plant and a few park locations as part of the negotiations.

                EFC has signed off on our 0% bond for the Alplaus Sewer District so we are free to go ahead and submit our paperwork.  That is going to lead to a reduction of cost to the sewer users.  Our estimate was based on more than a 0% interest rate so that is good news for the Alplaus sewer system.

                Clifton Park has signed the 60 day extension on the water purchasing agreement.

                Our mortgage tax revenue is down considerably probably almost $30,000 down from February and $30,000 down for March, so we’re are about $60,000 down from what we were projecting in the revenue line.  If this trend holds we are looking at about an $81,000 deficit in revenue through the year, now if this trend holds, I don’t have a lot of confidence in a huge turnaround in the housing market this year, the tax credit for the buyers is going away, interest rates are holding where they are, I don’t see them dipping to encourage anyone to buy so I think we have to, after another month in I think we have to start to look at what does this mean to our budgeting if this continues  I don’t want to get too far down the road and get too far into a hole and then say all of a sudden maybe $100,000 - $150,000.  I want us to keep an eye on this.

                George is preparing the annual update for the NYS Comptroller, his auditors are coming in from UHY on May 16 – 28 to conduct an audit, which we need done.

                The Memorial Day Parade is May 26th; our work session that evening will be either cancelled or rescheduled depending upon our needs.

                The monthly revenue and expenditure has been placed in your mail bins, please take a look at it.

                I would like to address a letter to the editor regarding the Baptist rezoning.  There was talk that the Board came in with a pre-conceived idea and that speeches were pre-written and we weren’t listening to the public.  I just want to make mention so residents are quite aware that this process didn’t happen in one night.  This process started six (6) months ago with the previous Board. I had started looking at this issue back in October and I know that these Board members have looked at this issue since at least January if not before and so to say that we came to a meeting one night with a pre-conceived idea, our minds already made up, is a little naive to the fact that we have had public hearings on this, we have had public input on this and it wasn’t that night the privilege of the floor that was necessarily the all mend all comments from residents.  I just want the public to be aware that it wasn’t just the one night event that we just showed up one night and that was the first time we had heard comment on it.  I have had many calls and emails from residents in the neighborhood and across the town weeks prior to that so I encourage any resident who thinks that they want to get information to us, that we are not getting the content of, get it to us.  The fact that we just show up with a pre-conceived idea and aren’t listening to the public”

                Councilman Boulant – “I agree with your comments.  This Board put hours and hours of listening and I was kind of offended by that also.”

                Councilwoman Wierzbowski – “Thank you for clarifying that Mr. Supervisor.”

                Supervisor Koetzle moved ahead with the resolutions

Discussion…

                Councilman Quinn – “By a unanimous vote of the members present the Committee recommends that Dave Tomasky be appointed Chair and he has agreed to serve in that capacity.  We all received a copy of his resume sometime ago from Mr. MacFarland.  He has a long history of both process and program management.  He has done a great deal in the private sector with cost efficiencies and like.”

RESOLUTION NO. 91-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                WHEREAS, the Town of Glenville Efficiency in Government (EIG) Committee is fully constituted, with seven members, a Town Board Liaison (Quinn), and staff support (MacFarland), and

                WHEREAS, the EIG, by vote of members present at its last regular meeting (4/12/10) recommends that Dave Tomasky be appointed Chair, and Mr. Tomasky has agreed to serve in that capacity,

                NOW, THEREFORE, BE IT RESOLVED that Dave Tomasky, 1 Lolik Lane, Glenville, NY, is hereby appointed Chairman of the Efficiency in Government Committee for a period from April 22, 2010 through December 31, 2010.

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

Motion Carried

Discussion…

                Councilman Boulant – “This is a new requirement by the State Civil Service Commission.”

                Supervisor Koetzle – “The Chief was hired in 2006 with the express written agreement that the Town would seek a 211 Waiver as long as he was employed here.  This is the fourth waiver that we are applying for; this is the first time that the Board has to authorize it because of the changes that Councilman Boulant pointed out in NYS law.  Previously we’ve done this administratively through the Supervisor’s request to Civil Service so this is not a new waiver.  The Town has satisfied all requirements for this waiver in the past; we have solicited other candidates and conducted a competitive testing for the position.  The test was offered in January of this year, there were no takers.  The Chief has already past this test so no further testing is required from him.  We believe that the Chief has a unique set of skills.  I was asked, do we want to retain the Chief under these conditions?  The Chief is an attorney and I think that is an important piece, I think, of having a skill-set for your Chief and I think it is quite unique.  He is also an acknowledged expert in police training and with a younger force that skill set is important and I think he has done a fantastic job for this department.  Nothing about this waiver is different than what we have done in the past, nothing is out of the ordinary, and nothing is unique.  It was previously a Supervisor’s authorization, that’s no longer allowed and so this Board has to act on it.  I urge a yes vote.”

                Mike Cuevas, Attorney – “An explanation of the waiver is when someone has been previously employed in the State’s Civil Service and retires from Civil Service then in order for another government entity to hire them they have to submit to the Section 211 waiver which would allow you to hire someone who’s already retired from Civil Service.”

RESOLUTION NO. 92-2010

Moved by:       Councilman Boulant
Seconded by:    Councilman Quinn

                WHEREAS, a new requirement for Section 211 waiver applications to the State Civil Service Commission specifies approval from the appointing authority (Town Board),

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville does hereby authorize the submission of a Section 211 Waiver Application to the NYS Civil Service Commission on behalf of Police Chief Michael Ranalli.

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

Motion Carried

RESOLUTION NO. 93-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                WHEREAS, by application dated April 13, 2010 and pursuant to Town of Glenville General Code, Schenectady County Environmental Advisory Council has applied for a permit to conduct Outdoor Amusement/Entertainment at the Indian Kill Nature Preserve on Hetcheltown Road, May 08, 2010 and

                WHEREAS, said application did include permission of the owner of the property on which said Amusement/Entertainment will be conducted, and the necessary insurance coverage; and

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

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves said application of the Schenectady County Environmental Advisory Council’s “Indian Kill Open House Fishing Day”; and

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

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

Motion Carried

RESOLUTION NO. 94-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, the Clifton Park Water Authority and the Town of Glenville have previously entered into an agreement for the bulk purchase of water by the Authority from the Town; and

                WHEREAS, the aforesaid agreement expired on December 31, 2009 and was extended by a written agreement of the parties for an additional ninety (90) days to March 31, 2010; and

                WHEREAS, the Authority desires to further extend said contract on the same terms and conditions as set forth therein, except as modified by the proposed extension agreement filed herewith, for a period of sixty (60) days; and

                WHEREAS, the Authority serves an adjacent municipal corporation with whom the Town of Glenville and the Glenville Water District wish to cooperate concerning providing water for bulk purchase to the extent same is possible and consistent with the Town’s desire to avoid any adverse impacts to its existing water customers; and

                WHEREAS, the Glenville Water District has determined that it has sufficient source water, treatment capacity and pumping ability to deliver the required volume of water to the Authority; and

                WHEREAS, the Town desires to sell water in bulk to the Authority on the same terms and conditions as the agreement which expired December 31, 2009, except as modified by the proposed second extension agreement, for an additional period of sixty days from April 1, 2010 to May 31, 2010;

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville, acting as the Board of Commissioners of Glenville Water District No. 11, hereby authorizes the Supervisor to execute an agreement extending the Bulk Water Purchase Agreement between the Clifton Park Water Authority and the Glenville Water District No. 11, under the same terms and conditions, for a period of sixty (60) days.

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

Motion Carried

RESOLUTION NO. 95-2010

Moved by:       Councilman Boulant
Seconded by:    Councilman Quinn

                WHEREAS, a retirement in the town of Glenville Police Department will be filled by lateral transfer from the comptroller’s Office; and

                WHEREAS, temporary assistance is needed in the Comptroller’s Office to fill the vacancy created by the lateral transfer,

                NOW, THEREFORE, BE IT RESOLVED that Joseph Beaver, 15 Mohawk Avenue, Alplaus, NY is hereby appointed to the position of Clerk (Temporary) at a pay rate of $20 per hour, effective April 22, 2010.

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

RESOLUTION NO. 96-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

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

                Assessor’s Department
                Building Department
                Dog Control
                Highway Department
                Justice Department
                Planning Department
                Receiver of Taxes
                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. 97-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                BE IT RESOLVED, that the minutes of the regular meeting held on April 7 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

Discussion…

                Councilman Ramotar – “This new law would have owners of vacant properties register and based on the registration determine their responsibilities of those owners, depending on how long those vacant properties remain vacant.”

                Councilman Boulant – “This is essentially to make people who have vacant properties accountable for the visual and structural integrity of the building.”

RESOLUTION NO. 98-2010

Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                WHEREAS, I am introducing a Local Law to add a new Chapter 108 “Vacant Buildings Registry” to the Code of the Town of Glenville; and

                WHEREAS, a duly scheduled public hearing must be held in order to change such a law,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center on Wednesday, May 5, 2010 at 7:30 P.M., or as soon thereafter as can be reached, at which time and place will hear all persons interested in a proposed local law to add a new Chapter 108 “Vacant Buildings Registry” to the Code of the Town of Glenville; and

                BE IT FURTHER RESOLVED that the Town Clerk be, and she hereby is directed to prepare the proper notice of said hearing in accordance with law as follows:

CHAPTER 108 – VACANT BUILDINGS REGISTRY

§108-1. Legislative findings and purpose.

        (A)  It is the finding of the Town Board that buildings that remain vacant are unsightly, unsafe and have a negative effect on their surroundings, neighborhoods and the town. Vacant buildings and structures are more likely than occupied buildings and structures to become infested with rodents, vermin, insects, wild animals and other health threatening organisms; they are also more likely to provide shelter to criminals and vagrants who use such places to evade the police and to conduct illicit activities. Vacant buildings and structures are also prone to becoming attractive nuisances to children, young adults and others. This is troublesome for both residential and commercial districts. Unfortunately, many buildings, once vacant, remain that way for many years. The purpose of this article is to establish a program for identifying and registering vacant buildings; to determine the responsibilities of owners of vacant buildings and structures; to speed the rehabilitation and reuse of vacant properties; to prevent and eradicate blight; to enhance the appearance of town neighborhoods and commercial districts; to minimize the potential for vandalism and criminal use of vacant buildings and structures and to preserve and build the property tax base of the town .

§108-2  Definitions.

        (A) Unless otherwise stated, the following terms shall, for the purposes of this article, have the meanings indicated in this section.

(1) EMERGENCY SITUATION

(a) An emergency situation is deemed to exist where the condition of a building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of occupants, emergency responders, and/or the general public. Such conditions include, but are not limited to, fire hazards, falling or dilapidated buildings, structures, or any part thereof, loss of significant water, heat, ventilation, or a lack of sanitary conditions.
        
(2) ENFORCEMENT OFFICER

        (a) A duly authorized representative of the Town Building Inspector.

(3) OWNER

(a) That person, persons, entity or entities listed on the records of the Glenville Town Assessor as the owner(s) of record, those identified as the owner or owners on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this article.

(4) SECURED BY OTHER THAN NORMAL MEANS

(a) A building secured by means other than those used in the design of the building.

(5) UNOCCUPIED

(A) A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by an Enforcement Officer. In determining whether a building is unoccupied, the Enforcement Officer may consider, among other factors, the following:

        (1) Whether lawful residential or business activity has ceased.

        (2) The percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units.

        (3) Whether the building is substantially devoid of contents or contains only fixtures or personal property of a minimal value.

        (4) Whether the building lacks utility services.

        (5) The building is the subject of a foreclosure action.

        (6) The duration of the vacancy.

        (7) The presence or reoccurrence of code violations.

        (6) UNSECURED
(A) A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders is deemed “unsecured”.

        (7) VACANT BUILDING

(A)     A building or the major portion (determined by square footage) of a building which is:

(1)     Unoccupied and unsecured;

(2)     Unoccupied and secured by other than normal means;

(3)     Unoccupied and an unsafe building, as determined by the building        inspector;

(4)     Unoccupied and has multiple housing or building code violations;

(5)     Illegally occupied; or

(6)     Unoccupied, in the case of a multi-family residential or commercial building for a period in excess of 45 days or in the case of a one or two family residential building for a period of 120 days.

        §108-3. Vacant building registration.

(A)     The owner shall register with the Building Inspector no later than 45 days after any building becomes a vacant building, as defined above or not later than 45 days after being notified by the Building Inspector of the requirement to register. The Building Inspector may identify vacant buildings through routine inspections as well as through notification by residents, neighborhood associations and other party that a building may be eligible for inclusion in the registry.

(B)     The registration shall be submitted on forms provided by the Building Inspector and shall include the following information supplied by the owner:

(1)     A description of the premises, including but not limited to, square footage, number of stories, age of the building and the most recent use of the building.

(2)     The names and addresses of the owner or owners. If the owner is a corporation, limited liability company, or partnership, the address for each director,        manager, or partner, as the case may be. The address(es) must include a street address; a post office box is not acceptable.

(3)     If the owner does not reside in Schenectady County or any adjoining county, the name and address of a third party with whom the owner has a contract or agreement for property management. The address must include a street address; a post office box is not acceptable.

(4)     The names and addresses of all known lienholders and all other parties with an  ownership interest in the building. Each address must include a street address; a post office box is not sufficient.

(5)     A name, address and telephone number where a responsible natural person         (not a corporation, limited liability company or partnership) can be reached at         all times during business and non-business hours.

(6)     A vacant building plan as described in subsection C.

(C)     The owner shall submit a vacant building plan which must meet the approval of the Building Inspector. The owner must identify his ultimate objective for the building and then the owner’s plan must contain, at a minimum, the information appropriate to that objective:

(1)     If the building is to be demolished, a demolition plan, indicating the proposed time frame for demolition.
(2)     If the building is to remain vacant, a plan for the securing of the building in accordance with the provisions of the New York State Building Code and a description of the procedure that will be used to maintain the property, together with a statement of the reasons why the building will be left vacant.

(3)     If the building is to be returned to an appropriate use or occupancy, a rehabilitation plan for the building. The rehabilitation plan shall include a timetable, not exceeding 365 days from the date of submission and will include progress benchmarks for periods of no more than three months each. The Building Inspector may grant an extension of the plan for good cause shown, upon a submission, in writing, by the owner detailing the reasons why same is necessary. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured during the rehabilitation.

(D)     The Building Inspector shall provide the owner with a written referral to the Department of Development and Planning for information outlining available programs that might be useful to the owner in developing a rehabilitation plan.

(E)     The owner shall comply with all applicable laws and codes.

(F)     The owner shall notify the Building Inspector of any changes in the information supplied on the vacant building registration, including any changed plan for the building, within 30 days of the change. Proposed revisions to the rehabilitation plan or the timetable therefore must be submitted in writing and approved by the Building Inspector.

(G)     The owner shall keep the building secured and safe and the building’s grounds properly maintained in accord with the Property Maintenance Code of New York State Building Code. Failure to secure the building or maintain the grounds could result in remedial action by the Town, revocation of the approved remedial plan and/or penalties as provided by law.

(H)     Within 30 days of the transfer of ownership of a vacant building, the new owners shall register or re-register the vacant building with the Building Inspector. The new owners shall be bound by the approved rehabilitation plan for the building unless, or until, the new owner has revisions submitted to and approved by the Building Inspector.

§108-4. Vacant Building Fees.

(A)     The owner of a vacant building shall pay an annual fee for the period the building remains a vacant building. Such fee shall be reasonably related to the administrative costs for registering and processing the vacant building registration form, reviewing and approving rehabilitation plans, securing and providing rehabilitation assistance and the costs of monitoring and inspecting the vacant building site.

(B)     For a single family or two family residential building, the first year annual fee shall be $100; for other residential or commercial buildings not exceeding 10,000 square feet, the first year annual fee shall be $200; for multi-family residential or commercial buildings exceeding 10,000 square feet, the first year annual fee shall be $300. For each year that a building remains a vacant building, the annual registration fee shall increase by the amount of the first year annual fee until the fifth year when the registration fee for that year, and each successive year, for a one or two family residential building shall be $500, the fee for other residential and commercial vacant buildings not exceeding 10,000 square feet shall be $1000 and multi-family residential or commercial buildings exceeding 10,000 square feet shall be $1500.

(C)     The first year annual fee shall be paid no later than 30 days after the building shall have become vacant. For each year after the first, the applicable fee shall be paid no later than 30 days after the anniversary date of when the building became vacant. Failure to timely pay the applicable vacant building registration fee shall result in a delinquency fee of 2% per month for each month the fee remains unpaid.

(D)     The registration fee, and any delinquency fees, shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.

(E)     After the owner is given notice of the registration fee, including any delinquency fees, upon failure of the owner to pay the amount(s) due, said amount(s) shall constitute a debt due and owing to the Town, and the Town may commence a civil action to collect such unpaid debt.

(F)     Any registration fee and any delinquency fees associated therewith, remaining unpaid upon transfer of title to the vacant building shall be paid by the new owner within 30 days of the transfer of title.

(G)     The Building Inspector shall maintain a complete file on each vacant building in the Town which shall include, at a minimum, the vacant building registration form, record of payment of vacant building registration fees, inspection records, records of complaints or other comments by neighbors, community organizations or others as to the status or blighting influence of the building, and any photographs or plans of the vacant building.
§108-4  Exemptions.

(A)     A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Building Inspector. This request shall include the following information:

(1)     A description of the premises;
(2)     The name(s) and address(es) of the building owner or owners;
(3)     A statement of the nature of the damage with photographs of same; and
(4)     A statement of intent to repair and reoccupy the building in and expedient manner or the intent to demolish the building.
§108-5  Inspections.

(A)     The Building Inspector shall inspect any premises in the Town for the purpose of enforcing and ensuring compliance with the provisions of this article. Upon the request of the Building Inspector, an owner may provide access to all interior portions of an unoccupied building in order to permit a complete inspection.
(B)     The Building Inspector shall submit a monthly report to the Town Council in which he lists all buildings declared vacant under the provisions of this article, the date upon which they were declared vacant and whether a vacant building registration form and plan has been filed for the building. The report shall also include all buildings that had been declared vacant and which are no longer subject to the provisions of this article.

§108-6  Penalties.

(A)     The failure of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building or to pay any fees required to be paid pursuant to the provisions of this section, within thirty (30) days after they become due, shall constitute a violation punishable upon conviction thereof by a fine in an amount not less than $100 nor more than $1,000 for each failure or refusal to pay a required vacant building registration fee, as applicable. However, the minimum fine for a violation of this chapter shall not be less than double the amount of the registration fee due and owing. There shall be no unconditional discharges or suspended sentences upon conviction or a plea of guilty to a violation of this chapter and the minimum fines are mandatory and must be imposed.

Section 2.      Effective Date

        This Local Law shall take effect immediately.

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

Motion Carried

RESOLUTION NO. 99-2010

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 legal matters and contract negotiations.

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

Motion Carried

                Supervisor Koetzle adjourned this portion of the meeting at 8:27 p.m. and entered into Executive Session.

                Time being 9:29 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 Councilman Boulant; Seconded by Councilman Quinn, everyone being in favor the meeting was adjourned at 9:30 PM.


                                                                ATTEST:



______________________________
Linda C. Neals
Town Clerk