Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 4/20/2011
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
APRIL 20, 2011
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, Councilman John C. Pytlovany and Councilwoman Gina M. Wierzbowski

Absent: Councilmen Alan Boulant and Sid Ramotar were out of town.

                Also present were Attorney Michael Cuevas and Director of Operations James MacFarland.

Town Council Reports:

                Councilwoman Wierzbowski – “Just a reminder to our residents that the Town will be having the bulk item pick up during the week of May 2nd.  There is a list of acceptable items and non-acceptable items on our website and also available at Town Hall.  Also, County Waste is picking up the bagged leaves again this year.”

                Councilman Pytlovany – “On Saturday, April 30th, the Police Department will have a prescription drug drop off from 10:00 am until 2:00 pm.  Any prescription drugs that are in their original containers can be dropped off and will be properly disposed of.

                On June 4th the DARE Advisory Board is having its Annual Golf Tournament to benefit the Town’s DARE Program.  It is held at the Fairways of Halfmoon.  As the information comes in it will be posted on the Town’s website.”

                Supervisor Koetzle – “Item No. 5 on the agenda is a public hearing to hear all persons interested in a proposed local law to amend Chapter 255, “Vehicle and Traffic”, Speed Limits.

                Supervisor Koetzle opened the public hearing at 7:35 pm.

                No one wished to speak; Supervisor Koetzle closed the public hearing at 7:36 pm.

Presentation:

                John Blowers, President, Burnt Hills/Ballston Lake Board of Education and Will Farmer, Board Member presented the 2011-2012 Budget.

Privilege of the Floor

                No one exercised the Privilege of the Floor

Supervisor’s Comments:

                Supervisor Koetzle shared the following information:

                The Baptist Retirement Center, just for informative purposes, will be doing some light grading and maintenance work on their new site on Swaggertown Road.  It is not actual project work; it is just maintenance to keep the property looking good.

                The Woodhaven Homeowner’s Association will be meeting on Tuesday, April 26th at the Senior Center at 7:00 pm.

                The Town Newsletter is in draft form and will be out through the “Your Home Town” monthly magazine the first week in May.  It will also be on our website.

                Mohawk Honda will have its grand opening this Saturday, April 23rd at 11:00 am.

                Key Bank, which looks fantastic, is opening officially on April 28th with a 5:30 pm reception and we are all invited to that.

                I just wanted to point out that there was an acknowledgment from a resident in the letter to the editor section of the Daily Gazette that feels that the police consolidation process was abruptly and prematurely ended.  I just wanted to point that out because I think that person was quite astute, I still believe there’s opportunity there, just as we have talked to the school district about opportunity for services.  I think we still have to pursue what we can with the Village and I just want to keep that on our agenda and on the forefronts of our minds as we go forward.  We can not close the door to talk about shared services.

                An update on the Time Warner issue, the Town sent a letter to Time Warner recently stating our position that Time Warner did not have the right to pass through the 5% of gross revenue since our contract with them called for 2%.  We also requested that they cease and desist as you know for passing through that 5% going forward, they wrote back again, disagreeing with our position by restating their previous position.  Attorney Cuevas has contacted the NYS Attorney General’s Office for assistance and coordination of the Town action going forward.

                We received a letter from the Department of Transportation (DOT) that the Glenridge Road Project that has been in the works for 37 years is about to begin.  The project is awaiting award and they anticipate the award sometime within the next 30 days.  Construction will begin sometime thereafter and last through the winter of 2013.  There will be a one (1) week closure of Glenridge Road which will be east of Hetcheltown Road where the bridge is.  That will be closed this summer for about one week to locate a gas main.  When they are done with that the work will continue through 2013 but there will be a closure of Glenridge Road for the entire summer of 2013.  Traffic will be diverted through Alplaus, unfortunately and we have already alerted those residents.  They will be using the Bruce Drive connection.

                We are very excited and when it is completed the bridge will be able to take two lanes of traffic.  They are not going to raise the bridges, just expand them so two cars can fit through at the same time.”

                Supervisor Koetzle moved ahead with the agenda items.

RESOLUTION NO. 73-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Pytlovany

                WHEREAS, by application dated March 23, 2011 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 07, 2011 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,

                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:   Councilman Pytlovany, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: Councilmen Boulant and Ramotar
Abstention:             None

Motion Carried

RESOLUTION NO. 74-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Pytlovany

                WHEREAS,        the Burnt Hills – Ballston Lake Business Professional Association (BH-BL BPA) will hold its 10th Annual Flag Day Parade on June 9, 2011 from approximately 6:40 P.M. to 8:30 P.M.; and

                WHEREAS, the parade route will be generally along Route 50 and Kingsley Road, with a portion of the route in the Town of Glenville and another portion in the Town of Ballston; and

                WHEREAS, the BH-BL BPA has submitted a map of the parade route, an event brochure, event application, insurance certificate and other required documents to the New York State Department of Transportation (NYSDOT); and

                WHEREAS, the NYSDOT has granted the BH-BL BPA a special use permit for the parade, but requires the BH-BL BPA to comply will all municipal ordinances; and

                WHEREAS, the Code of the Town of Glenville §§ 204-4 thru 204-9 requires a permit for Outdoor Public Exhibitions and Entertainments, and the amount therefore is established by Chapter 139 of said Code in the sum of $150; and

                WHEREAS, §139-16 of the Code of the Town of Glenville states, “No fee shall be charged if the applicant shall be a religious or charitable organization;” and

                WHEREAS, the BH-BL BPA Flag Day Parade serves a generally educational and community purpose;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves the application, authorizes the Town Clerk to issue the permit and waive the permit fee for the BH-BL PBA 10th Annual Flag Day Parade.

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

Motion Carried




Discussion…

                Supervisor Koetzle – “This is an easement that has been granted for a period of time and has expired and we extended it a month ago.  This resolution extends it for six months which would then give us an opportunity to revisit it and extend it further if we so decide at that point.  There is nothing new in the project, nothing has changed at all in this project other than the fact that their easement has expired and that we need to renew their easement.  The easement would be from our entrance outside the police entrance through the parking lot and into the land behind this building.  What they would like to do, these developers, is eventually hook up to Rudy Chase Drive by the airport and begin developing the property behind the municipal center that they own.  They have a variety of uses for the property and all of them are conceptual at this time, nothing is going forward.”

RESOLUTION NO. 75-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Pytlovany

                WHEREAS, the New York Development Group (NYDG) has proposed a residential and commercial construction project on 40+ acres abutting the Town of Glenville Municipal Center to the south; and

                WHEREAS, given the size of the project, NYDG is proposing two access points, one of which would include the construction of a new road over the western edge of the Glenville Municipal Center property; and

                WHEREAS, the proposed road over the Town Municipal Center property is consistent with the Town Center Master Plan; and

                WHEREAS, in order for the project to move forward, NYDG requires an easement for access to its property over the Town Municipal Center property; and

                WHEREAS, by Resolution No.11-2006, dated April 19, 2006, the Town Board granted a temporary easement to the New York Development Group for the purpose of constructing a road along the westerly side of Glenville Municipal Center property, more particularly described in a document entitled, “Agreement for Temporary Easement Between the New York Development Group and the Town of Glenville” which was attached to the Resolution referred to above; and

                WHEREAS, the temporary easement has been extended by Town Board resolutions, most recently on March 16, 2011 which extension is shortly due to expire; and
                WHEREAS, the New York Development Group has requested a twenty-four month extension of the easement; and

                WHEREAS, the Town Board believes it to be in the best interests of the project and the Town to grant an extension of six months so that it can periodically review the progress and any changes in the project;

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville hereby approves a six month extension to the temporary easement described above and authorizes the Supervisor to execute any and all documents necessary to effectuate this resolution.

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

Motion Carried

RESOLUTION NO. 76-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Pytlovany

                WHEREAS,        the Commissioner of Public Works has found that good quality vehicles, parts, equipment and machinery can be purchased at auction at prices much lower than would be had through normal procurement methods ; and

                WHEREAS, Section 103 (1) of the New York State General Municipal Law (GML) requires that all purchase contracts in excess of $20,000.00 be awarded to the lowest responsible bidder and Section 103 (6) of the GML permits municipalities to purchase surplus and second hand supplies, materials or equipment, without competitive bidding, from the federal government, the State of New York or any other political subdivision, district or public benefit corporation and Section 104-b of the GML requires municipalities to adopt a procurement policy for the purchase of goods not subject to the competitive bidding requirements of GML §103 (1) ; and

                WHEREAS, the Town of Glenville adopted Procurement Policy and Procedures (Year 2011) by Resolution 5-2011, which provides, in Guideline 6 (f), an exception to the requirement for written proposals or quotations for goods purchased at auction; and

                WHEREAS, the Commissioner of Public Works requests specific authority to make auction purchases in 2011 in an amount not to exceed $15,000.00 and guidance as to how those funds may be expended; and

                WHEREAS, the Town Board, considering the above, believes a clarification of the Town Procurement Policy and Procedures is warranted;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the Town Commissioner of Public Works to expend an amount not to exceed $15,000.00 for equipment, vehicles or parts offered for sale at public auction; and

                BE IT FURTHER RESOLVED that if the auction is run by or for the U.S. Government, the State of New York or any of their political subdivisions, the Commissioner may expend any amount up to the $15,000.00 limit without prior Town Board approval; however, in the case of a private auction, the Commissioner must seek informal quotes for equipment or vehicles similar to that which he may wish to purchase at auction and then may not exceed the lowest informal quote in bidding at auction; and in no event shall the Commissioner expend more than $10,000 on any one item at private auction.

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

Motion Carried

RESOLUTION NO. 77-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Pytlovany

                BE IT RESOLVED that the Monthly Departmental Reports for March, 2011 as received from the following:

                Assessor Department
                Dog Control
                Economic Development & Planning Department
                Justice Department
                Receiver of Taxes
                Section 8 Housing
                Town Clerk's Office

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

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

Motion Carried


RESOLUTION NO. 78-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Pytlovany

                BE IT RESOLVED, that the minutes of the regular meeting held on April 6, 2011, are hereby approved and accepted as entered.

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

Motion Carried

                Supervisor Koetzle asked for a motion to adjourn; motion to adjourn was Moved by Councilman Pytlovany; Seconded by Councilwoman Wierzbowski, everyone being in favor the meeting was adjourned at 8:11 PM.


                                                                ATTEST:




_____________________________
Linda C. Neals
Town Clerk