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Town Board Meeting Minutes 7/21/2010
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
JULY 21, 2010
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

                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.  

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, Highway Superintendent Tom Coppola and Comptroller George Phillips.

Town Council Reports:

                Councilman Ramotar – “We formed a committee to organize an event called “Octoberfest” to be held sometime in October.  This would be an opportunity for people to have a good time.  We will have games, bands and vendors and so forth.  We are on track and more information will follow.”

                Councilman Quinn – “Out of the Assessor’s Office a brief review of our Grievance Day this year, total grievances for 2010 in the Village we had 35 and in the Town 108 and 24 certioraris.  As far as total assessed value reduced on grievance day, in the Village it represented $541,711 which is 2% in terms of total assessed evaluation and in the Town it was $4,274,619 which is 3%.  The past few years the percentages and numbers remain relatively steady, so it pretty much stayed the course this year.”

                Supervisor Koetzle – “Item 5 on the agenda is a public hearing to consider an amendment to Chapter 270 Zoning of the code of the Town of Glenville revising the provisions addressing portable storage containers and amending the uses permitted with the General Business Zoning District.”

                Supervisor Koetzle opened the public hearing at 7:36 pm; no one wished to speak, Supervisor Koetzle closed the public hearing at 7:37 pm.

                Supervisor Koetzle – “Item 6 on the agenda is a public hearing to consider an amendment to Chapter 147 Fireworks & Pyrotechnics of the Code of the Town of Glenville.”

                Supervisor Koetzle opened the public hearing at 7:38 pm; no one wished to speak, Supervisor Koetzle closed the public hearing at 7:39 pm.

                The following people exercised the Privilege of the Floor.

                Dave Gallup, Glenville Dispatcher, thanked the Board for their support for the town’s dispatchers and dispatch unit.  He stated that they reviewed a copy of the proposed county dispatch and they feel that it leaves a lot to the imagination.  He further stated that the costs don’t make sense; the proposal is for four call takers, four dispatchers and on supervisor for each shift for the whole county.  He commented that the town presently runs three dispatchers.  He stated that the midnight shift would have two call takers and one would be for the city police department and one for the city fire and one for twenty-eight town fire departments and one for five town police departments which also includes the sheriffs department and the state police.

                He questioned how they could possibly think that one person can handle all of the town fire departments and police departments?  He stated that this is not realistic or safe!  He also stated that the county has repeatedly said that all present dispatchers would be employed by the new entity but it states in Article X “all existing employees and parties to this agreement who are working in public safety/emergency dispatch will have the “opportunity” to be employed by the county with the UCC.

                He reminded the board that it also states that “consolidation efforts may realize lower costs but it may increase costs”.  He feels that until a complete study is completed this is unknown.

                He feels that successful consolidation efforts focus on improving service and response time rather than saving money this tells me by the town agreeing to this in any way it’s making a huge gamble with the town’s money.  Mr. Gallup does not feel that this county could ever get this proposal to a point where it makes any sense both monetarily or public safety wise to implement.  He feels that any potential savings to the town would be eaten up by increased personnel and equipment costs to offset the loss of duties besides dispatching which would be lost with the departure of the dispatchers.

                Mr. Gallup asked the board to stay the course and not buckle under the pressures the county puts to them.

                Kathryn Sen, town resident, read a letter/editorial that she wrote based on some happenings in the fields behind 44 Cedar Lane, which is the property known as the sledding hill and down to the county nursing home and joins the forever wild Indian Kill.

                “Recently large trucks driving in the picturesque field behind the homes on Cedar Lane along with blue surveyor’s ribbon marking county open space have not escaped the notice of residents on this quiet street.  Neighbors toil in their yards and ask one another if anyone has heard anything about the most recent plan for the county nursing home construction, no one has.  One neighbor contacted the Town of Glenville but they stated that they didn’t know what was happening because this was county development.  The lack of transparency concerning this project that is anticipated to cost over 50 million dollars is astonishing, after all if any of us were to make modifications to our homes we would complete an application, submit the appropriate plans and obtain a permit.  Certainly we would want to let our friends and good neighbors know what impact our project might have on them and their quality of life.

                I personally believe that Schenectady County residents deserve access to quality care in a facility that is home-like with a neighborhood feeling for the county home request for proposal.  Consideration for this building should include not only function and aesthetics for residents and staff but also cost location, energy efficiency, environmental impact and design in relation to the neighborhood.

                Previously is it was proposed that the new nursing home would be constructed to the north east of the current building along Hetcheltown Road and not impact the precious open space adjacent to the forever wild Indian Kill Preserve.  Three times the size of the new Fortitech Distribution Center on 23 acres of the county airport.  It is believed that the planned 140,000 sq. ft. nursing home will lead to the removal of the communities treasured sledding hill and occupy most of the pristine acres that are home to palliated woodpeckers, song birds, northern orioles, owls, turkeys, deer fox and many other species.  The neighbors that greet one another on daily walks will loose part of their sense of community as well.

                One of the qualifications for the nursing home construction management team is to have the ability to work with staff and the public in a cooperative, harmonious and responsive manner; this is per the RFP that the county put out.

                Since the key mantra of the Schenectady County Legislature is and I quote because this is part of Susan Savage’s message on the website “working together works” they too should be held to the same high standards that are required of the construction management team.  It is hoped that the county will inform their neighbors of project plans, include us in decision making processes now and in the future before our valued open space is gone.”
                Ms. Sen also informed the board that on the County website in resolution numbers 66-09 and 67-09; 68-09 says that there will be a 200 bed facility and that the administrator of the Glendale Nursing Home further advises that the new facility will be constructed on the existing site to maximize the benefits of the current campus and was also resolved that the demolishing of the existing Glendale Nursing Home and the construction of a new 140,000 sq. ft. 200 bed nursing home will not result in any large and important impact and will not have a significant impact on the environment.

                This project is anticipated to cost over $50,500,000 and she asked the Board to consider that fact and that their town residents are represented fairly.

                Councilman Quinn asked if Ms. Sen had any direct contact at the County level.

                Ms. Sen replied that she had not.

                Supervisor Koetzle – “I was called by one of the residents as well and our Highway Superintendent had contact with the surveyors yesterday.”

                Tom Coppola, Highway Superintendent – “I did go up and look at what had happened, in the mean time we received a call from Latch Schmidt who wanted us to designate some money for that project and that was yesterday.  Prior to that I had not received any calls.  Dana Gilgore, Town Engineering Tech, will be fielding the study that they put forth to the Town of Glenville.  Dana Gilgore and my self will be the contact people if there are any questions.  At this stage we are learning as you are.”

                Supervisor Koetzle – “Did you have any contact with any surveyor?”

                Mr. Coppola – “No I did not, just correspondence with the engineer.”

                Supervisor Koetzle – “When I got the call I did not have any knowledge of what was happening in the field either, so I called Kathy Rooney, County Manager, and asked her directly what was happening and she didn’t have a lot of details.  She said that they were looking at their options; they are not sure what they are going to do yet.

                I then called County Legislature, Jim Buhrmaster, who represents this district along with four other legislatures.  I will say I had a difficult time finding phone numbers for the legislatures but I did have Mr. Buhrmaster’s phone number.  He did not have any direct knowledge as to what was happening but he is looking into it and getting me a list of contact phone numbers which I will share with the residents.

                Kathy Rooney said that when the County is ready they will invite the neighbors in and present a plan to them and she believed it would be in a month or two.

                Audrey Hughes, resident, stated that she spoke with Karen Johnson in early June and she said at that time it had definitely been decided that it was going on the hill but they are not taking the sledding hill.

                Raymond Collar, resident stated that he had been doing a little research on this trying to find out what is going on.  Mr. Collar referred to Schenectady County Legislature’s resolution #67-09 which stated that the County of Schenectady, New York has hereby authorized the new nursing home on the site of the existing Glendale Nursing Home.  He also mentioned in newspaper article from 2008 stating the Brian Gordon said they were talking with the State Department of Health to try and obtain 200 beds for the facility in addition to a provision for senior level housing on the campus.  Mr. Gordon stated in the article that he envisioned a facility that combines senior housing with medical services and it would be a model like any other in the Capital Region.  He further stated that they were looking to build a comprehensive senior community.

                Mr. Collar stated that he had heard the county would be breaking ground sometime in September.

                Councilman Boulant – “What we went through with the Baptist project is it because the county owns the land that they can do whatever they want to do?  They don’t have to go through any of our committees?  They can do whatever they want to do?”

                Mike Cuevas, Attorney – “They are a higher level of government; they do not have to go through us.”

                Supervisor Koetzle – “The power of the resident I still believe is the most powerful, the highest level of government and you have to be involved and make your voice heard to the legislatures.  I can only speak personally for myself I would be opposed to disturbing open space, I would not support the project so from that point of view I will support not going into open space but I can’t say we have a formal board resolution on that.  We would have to discuss that at our next work session.

                August 11th is our next work session; I will invite someone from the County and share their thoughts on this project.”

Supervisors Comments:

                Supervisor Koetzle shared the following information:

                There will be a public information meeting and public hearing on the power line expansion going into our town next Monday at the S-G High School auditorium.  From 6:30 pm. to 7:30pm is the public information meeting from National Grid and from 7:30 to 8:30 is for public comment on the project.

                This is the project that is going to be sending the bigger power line from Rotterdam to Saratoga County through Glenville.

                July 28th at 8:30 pm at 18 Glenridge Road, the Schenectady IDA will hold a public hearing on the “Mohawk Honda PILOT”.  There are a variety of pieces to this, there’s sales tax forgiveness that the County is interested in providing them for any of their materials that they buy and their upgrade and the PILOT that they are looking at presenting for Mohawk Honda basically will phase in the improvements made to the property over a ten year period.

                We have received financial information from the County on the maintenance of effort model that we have all been discussing.  Jamie, the Police Chief as well as George will be analyzing this data and presenting it at the next work session with their thoughts and comments on really how fair or unfair is it to the Town of Glenville in comparison to in relation to the other towns in the county.

                There is a meeting also scheduled for August 28th here at town hall regarding DOT to discuss the Glenridge Road project.

                We have submitted a corrective action plan to the State Comptroller’s Office regarding personal, private and sensitive information audit.  The Town Clerk and the Town Court and other town offices have completed an initial analysis.  We are meeting with our IT provider, Rockit Science next week to look at IT issues with the audit.  We are essentially taking corrective action on what the State Comptroller’s Office felt that we might have been a little bit lacks on.

                Budget work sheets have been distributed.  We had a quick discussion at our staff meeting the other day, really no issues or questions regarding the memo that was submitted, the department heads have until August 5th to submit back to the Comptroller and me their budgets.  We essentially presented a fairly lengthy letter that outlines what our hopes are for this budget.  It is a challenging year, it is a challenging year for a lot of municipalities but it is a challenging year for us because we have some built challenges; the use of almost 1.5 million dollars from last years FEMA money and over budgeting of the 2009 health insurance costs which amount to almost 1 million dollars used to offset a structural deficit in the 2010 budget.  We carry that structural problem into 2011 and if we don’t have that million dollar one shot that we had in 2009 to cover it then we have got some issues.  We have taken some corrective actions this year; we had some early and mid-year adjustments to the budget to try to make sure we were going to meet some of these challenges by reducing our expenditures.  We have done that with some staff changes early on, as you all know, health insurance costs is a huge, huge area for us to really be focused on.  Any of the trends right now are looking to be 12 to 15% increases, that’s trend.  We will see what that does, what we end up getting in the end but early look is not good for health insurance costs.

                We have a problem with the State Retirement Fund as well; some people have suggested that it may actually increase 3 to 4 times by 2015.  I would say that we have to look at some increase in the retirement fund this year, 20-25% probably ought to be looked at going into this budget process.

                The five principles that I have asked the department heads to think about as they put their budget together.  Councilman Quinn, we do have a zero based budget approach this year, I know you have been a long time advocate for this and our Budget Committee has also advocated for it and the department heads understand that they must start with a zero base for budgeting.

                One of the things I like to achieve with the budget that George and I will put together is to use less fund balance for operational budgets.  The reason for that is I believe that the pre 2008 economic conditions aren’t the same.  We are not going to be in the same position going forward that we have been in for years prior to 2008.  You live by using one million dollars every year to patch over structural deficits at some point we are going to run dry on that, we are going to fall hard and I would rather take a step down approach every year to get us to a point that we are a little more comfortable at.  This budget will try to rely less on the fund balance to paper over operational deficits.

                I am asking department heads to really look at only the increase in funding for capital improvements, no operational increases.  What I like to focus on in my budget before the board gets it is a road refurbishing project.  I believe it has been a long time since we have invested in that and I believe we have to begin to invest in that.  I think our Highway Superintendent agrees and supports that.

                Hold the line on debt financing.  I don’t believe we want to add anymore debt right now.  George just went through verification from Moody’s to have our credit rating; they reaffirmed our A1 rating which is a huge positive for us, it is going to keep our debt costs low.  I think it also speaks to the point that they feel comfortable that we’re looking at managing our debt correctly, we’re managing our expenditures correctly and that we’re fairly sound, fiscally and I think they are comfortable with the vision that we have going forward.  I think no new debt is an important piece of that.

                I ask that we look at inter-departmental charges and make sure that we are assessing them in an equitable way so that no resident is subsidizing any other resident.  I am asking them to take a long term approach that any tax increase has to be looked at in a multi-year prism.  We have to begin to look at how do we impact not just this year but how do we impact 2, 3, 4 or 5 years down the road?

                Once the department heads submit their budgets George and I will work on putting a budget together that you’ll see and we will go through the process and there will be plenty of time for public input and I plan on having meetings on the budget this year.

                The solar project is making progress.  The roof engineers have looked at our roof and they have completed their analysis.  The final layout is near completion of the solar panels and we will be sending a request for proposal (RFP) out for additional solar panel work that is covered by the grant.  There is no cost to the town, funding is not from taxpayers or the state.  This is important because there was some criticism by some editors from certain newspapers from this area that talked about taking money from taxpayers, not town but state taxpayers.  There is an important distinction; this is from something called “Petroleum Overcharge Restitution Fund” that is administered through NYPA, which is a public authority.  So, it is not taxpayer money, its money collected on petroleum fines and fees.  It’s a way of taking, if we liken it to the oil spill, any restitution from that and try and find a clean way of doing energy.  It’s really a good public benefit and it is going to help the taxpayers in Glenville in the long run.

                Our contract negotiations are moving along with the unions.  We have three unions and they are all up for renewal.  There is progress, there’s a meeting on August 4th with the Police Benevolent Association (PBA).  We had a meeting with the highway union and they have a proposal before them and they are looking at it.  We also hope to have the CSEA before us soon to discuss some proposals.  

                The residents should know we are looking at health insurance.  If there is an issue here that we are going to have to buckle down on, we have got to find relief on the cost of health insurance in the town and that’s kind of where we are without talking too much about negotiations.”

                Supervisor Koetzle moved ahead with the agenda items.

Discussion…

                Supervisor Koetzle – “I want to recognize our Comptroller, George Phillips for all of his hard work on this.

                George did some work on the Verizon bill and looked at and essentially somehow, someway we have been paying for lines that we did not use for eight years.  George contacted Verizon and through negotiations Verizon has offered a four year look back to credit us a monthly phone maintenance cost of $372.00 a month x 48 months = $15,696.96.  They owe us twice as much as that over the eight years but the offer has been for 50% of that.  We felt that this is probably as good as we get without having to get into some sort of battle that could be as expensive as what we might have recaptured.

                I believe our attorney had mentioned something about a look back grace period.”

                Mike Cuevas, Attorney – “It’s probably unlikely that we could go back more than six years in any event, the contract statue of limitations would be questioned about what notifications should have been made when we switched over to Grace Com, who’s responsibility that was.  So, looking at those factors it seems to be a reasonable settlement without going into litigation that might go on for another couple of years.”

RESOLUTION NO. 129-2010

Moved by:       Councilman Boulant
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville has been billed by Verizon and has been paying monthly telephone system maintenance costs to Verizon, despite having contracted for telephone services to GraceCom approximately eight (8) years ago; and

                WHEREAS, when this billing error was discovered, Verizon was contacted and negotiations for reimbursement commenced, resulting in an offer from Verizon of four (4) years of backdated cancellation credit on monthly phone maintenance costs of 327.02 x 48 months or $15,696.96 in full settlement of the Town’s claim and

                WHEREAS, the credit will be adjusted for one payment that was never made and the balance of the credit will be paid by Verizon by a check to the Town; and

                WHEREAS, the Town Comptroller and the Attorney for the Town recommend acceptance of this settlement offer as in the best interests of the Town given the uncertainty of and cost of litigation to recover the full amount of the monthly maintenance costs paid;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the acceptance of this $15,696.96 credit less one payment not processed of $327.02 as a reasonable resolution to the issue of the termination of the Town’s phone system maintenance agreement with Verizon and the payments thereon in full satisfaction of the Town’s claim against Verizon and with the stipulation that the Town will take no further action once it receives full payment of $15,369.94 from Verizon.  

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

Motion Carried

RESOLUTION NO. 130-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                WHEREAS, the Schenectady County Surrogate Court has named the Glenville Senior Center as one of four charities to receive a gift from the estate of Sally Hahn originally bequeathed to the Annie Schaffer Senior Center, and

                WHEREAS, said gift, in the amount of $9,494.23, is by final decree “to the Town of Glenville, with the use of the gift restricted for the support of the Glenville Senior Center,”

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town Of Glenville hereby authorizes acceptance of said gift from the estate of Sally Hahn for the purpose set forth in the court decree, and authorizes the Supervisor, Christopher A. Koetzle to sign the receipt and release document prepared by Hoffman & Naviasky, PLLC, for submission to the estate’s executor Trustco Bank.

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

Motion Carried

Discussion…

                Councilwoman Wierzbowski – “This is the long talked about waste oil burning furnace that was proposed by Highway Superintendent Coppola.  It will, in essence, recycle all of the town’s waste oil that we use currently.  Currently, I believe we are paying to get rid of it.  It is my understanding that within approximately three years the savings that we will realize from purchasing heating oil at the town garage will be realized in covering essentially the cost of this furnace.  It is portable, should we in the event obtain new town hall facilities we can take it with us.

                I would like to commend Superintendent Coppola for trying to find ways to save money for the town.”

RESOLUTION NO. 131-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, Thomas R. Coppola, Superintendent of Highways has informed the Town Board of the opportunity where the highway department could substantially offset its heating cost with the purchase of a waste oil furnace for the main garage; and

                WHEREAS, energy audits have been performed on Glenville’s municipal buildings to determine what energy improvements can be made, and

                WHEREAS, HRP Associates, Inc., has determined that the town Highway Garage is suitable for the addition of a waste oil burning furnace to its existing structure, and

                WHEREAS, a bid opening for the purchase of a waste oil furnace was held on July 15, 2010 with only one bid received,

                NOW, THEREFORE, BE IT RESOLVED, that the Superintendent of Highways is hereby authorized to purchase one Energy Logic EL340 in the sum of $12,224 from Total Tool LTD, 10 Kids Lane, Castleton, NY and

                BE IT FURTHER RESOLVED, that said purchase shall be made from Highway Garage Equipment line 01.00.5132.2000, and

                BE IT FURTHER RESOLVED, that a budget transfer be authorized in the sum of $5,800 from Highway Garage Renovations 01.00.5132.4109 to Highway Garage Equipment 01.00.5132.2000 for said purchase.

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

Motion Carried

RESOLUTION NO. 132-2010

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, Amanda Galivan resigned from the position of Stenographer-PT to the Building Department- Zoning Board of Appeals effective 7/1/10,

                NOW, THEREFORE, BE IT RESOLVED, that Jennifer Konik, 120 Charlton Road, is hereby appointed to the vacant position of Stenographer-Part-time to the Building Department – Zoning Board of Appeals, effective 7/22/2010, at the budgeted rate of $90/meeting - $10/hr after 2 ½ hours.

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

Motion Carried

RESOLUTION NO. 133-2010

Moved by:       Councilman Boulant
Seconded by:            Councilman Quinn

WHEREAS, there are two specific sources of revenues generated from grants that were not specifically included in the 2010 Budget; and the corresponding expenditure of the grant money was also not specifically included in the 2010 Budget,

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the following budget amendments to include the grant monies received and expended, or scheduled to be expended:

        AMOUNT  
 1.    $  9,973.00     Increase Revenue Account                01.00.3089.0000 State Aid other
 2.    $  9,973.00     Increase Expenditure Acct               01.00.1110.4000 Contractual
 3.    $     652.00    From: Fund Balance              01.00.1110.4000 Contractual
        To record JCAP grant to be used for Courtroom improvements      

 4.    $11,000.00      Increase Revenue Account                02.00.2900.0000 Misc. PD Grant
 5.    $  9,109.00     Increase Expenditure Acct               02.00.3120.4100 Supplies
 6.    $  1,891.00     Increase Expenditure Acct               02.00.3120.4622 Conferences
        To record William Gundry Broughton Grant to be used for specific police department upgrades

WHEREAS, there are accounts as described and funded in the 2010 Adopted Budget  that will exceed budget appropriations or missed revenue in 2010; and

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the following budgetary transfers:
                        FROM                 TO
 4.    $     105.00    01.00.1330.4100 Supplies                01.00.1330.4622 Conferences
 5.    $       22.50   01.00.1410.4100 Supplies           01.00.1410.4622 Conferences
 6.    $       17.12   Fund Balance       01.00.5010.4100 Supplies
 7.    $     108.02    Fund Balance       01.00.5010.4622 Conferences
 8.    $         2.47  02.00.1620.1409 Renovations             02.00.1620.4100 Supplies
12.     $     458.00    Fund Balance            02.00.4010.4500 Fees for Svces
13.     $         6.70  Fund Balance            02.00.9055.8000 Unemployment
14.     $     564.50    04.00.5110.1005 Out of Title       04.00.5110.1002 Straight O/T
15.     $  1,701.23     04.00.5110.4143 Drain, Tile etc    04.00.5110.4100 Supplies
16.     $     335.75    04.00.5130.1000 Salaries           04.00.5130.1003 1.5 O/T
17.     $     990.00    04.00.5130.4100 Supplies                04.00.5130.4122 Small Tools
18.     $  5,955.10     Fund Balance            40.01.8130.4200 Utilities
19.     $     382.96    40.09.8130.1000 Salaries                40.09.8130.1002 Straight O/T
20.     $     441.06    50.11.8310.1000 Salaries                50.11.8310.1002 Straight O/T
21.     $     199.74    50.11.8310.1000 Salaries                50.11.8310.1003 1.5 O/T

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

Discussion…

                Councilman Ramotar – “Riverstone Manor, a restaurant located in Glenville, received a $380,000 economic development loan back in 2003.  They also received a loan from Key Bank and Metroplex that was more than $380,000 which put us in second position.  Right now what they are trying to do is refinance with First National Bank of Scotia the Metroplex loan and the Key Bank loan at a better rate and what that will do is keep us in second position as well and everything else stays the same.”



RESOLUTION NO. 134-2010


Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                WHEREAS, in April 2003, Riverstone Manor, LLC gave the Town of Glenville a mortgage on its business property to secure the payment of a $380,000 economic development loan the Town of Glenville had secured for River Stone through HUD; and

                WHEREAS, at that same time Riverstone has secured financing for its business property from Key Bank and the Metroplex Development Authority, also secured by mortgages, superior to that of the Town and

                WHEREAS, Riverstone now desires to refinance its 2003 loans from Key Bank and the Metroplex Development Authority and to consolidate same into one new loan with the First National Bank of Scotia; and

                WHEREAS, the First National Bank of Scotia requires, as a condition of such new financing that the Town of Glenville enter into a subordination agreement that would provide that the Town of Glenville loan would be subordinate to the new First National Bank of Scotia loan; and

                WHEREAS, the Town Comptroller and the Attorney for the Town have examined the proposed subordination agreement and have determined that the Town will  be in the same or better security position under this agreement than it had been and recommend Board approval of same;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorize the Town Supervisor to execute a subordination agreement with the First National Bank of Scotia and Riverstone Manor, LLC subordinating the Town of Glenville mortgage to a new first mortgage between Riverstone Manor and the First National Bank of Scotia.  

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

Motion Carried

RESOLUTION NO. 135-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                BE IT RESOLVED that the Monthly Departmental Reports for June, 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. 136-2010

Moved by:       Councilman Quinn
Seconded by:    Councilman Boulant

                BE IT RESOLVED, that the minutes of the regular meeting held on June 16, 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…

                Supervisor Koetzle – “This is just to clean up an error in the easement as it was filed previously so that a clear title can be conveyed to the proper owner and it must be done by August 1st and we do not have a meeting prior to that so this needs to be acted on tonight.”

RESOLUTION NO. 137-2010

Moved by:       Councilman Boulant
Seconded by:    Councilman Quinn

                WHEREAS, Wayside Village Apartments, LLC previously gave the Town of Glenville an easement for a water line running between Sacandaga Road and Dorazio Drive; and

                WHEREAS, ABD Engineers & Surveyors have provided the Commissioner of Public Works with a new survey, dated July 21, 2010 which shows that the prior easement may encroach upon the footprint of the apartment building; and

                WHEREAS, the title insurance company for Wayside Village requires that the easement be amended in order to insure title to the premises; and

                WHEREAS, the Commissioner of Public Works has secured an agreement in exchange for approving the easement with the improvements constructed therein that the Town will not be responsible for replacing any blacktop, concrete or other improvements installed within the easement; and

                WHEREAS, the Town Engineering Technician and the Attorney for the Town have examined the proposed new easement description and survey and recommend Board approval of same;

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the Attorney for the Town to accept a deed to an easement as shown on the ABD Engineers & Surveyors survey dated July 21, 2010.  



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

Motion Carried

                Supervisor Koetzle asked for a motion to adjourn; motion to adjourn was moved by Councilman Quinn; Seconded by Councilman Boulant, everyone being in favor the meeting was adjourned at 8:21 PM.

                                                                ATTEST:





______________________________
Linda C. Neals
Town Clerk