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Town Board Minutes 9/07/05
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
SEPTEMBER 7, 2005
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

Present:        Supervisor Clarence W. Mosher, Councilmen Peter V. Russo, Mark A. Quinn and James W. Denney

Absent: Councilman Robert E. Bailey

                Supervisor Mosher called the meeting to order at 7:30 PM.  Councilman Denney gave the Invocation and Adolf Zeglen was asked to lead us in the Pledge of Allegiance.

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

Town Council Reports

(Malfunction of tape recorder, this portion of the meeting experienced interference on the tape)

                Supervisor Mosher – “Item No. 5 is a public hearing to hear all interested persons in the proposed extension to Sewer District No. 9, 81 Skyway Drive and 85 Skyway Drive.

                Supervisor Mosher opened the public hearing at 7:38 p.m.  No one wished to speak; Supervisor Mosher closed the public hearing at 7:39 p.m.

                The following people exercised the privilege of the floor:

                Barbara Jefts           1734 Vley Road
                Mike Shannon            436 Wagner Road
                Mark Storti                      Barry Lane
                Richard Milewski                1452 Washout Road
                Gary McPherson          7 Pembroke Street
                Ron Pucci                       1648 Gower Road
                Armand Canestraro               1680 Gower Road
                Virginia Graney         209 Parkland Avenue

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


Supervisor’s Comments:

                Supervisor Mosher – “I received the following communication and I would like to read it:

Supervisor Mosher,

        I am very pleased to inform you that our eleven year old “All-Star Team” won the Little League Eleven Year Old All Star Tournament and they are the champions in the State of New York.  There were approximately five hundred teams that entered and we are the best.

                This is the first time in our history that our team won the championship and I was wondering if the Town could somehow recognize their accomplishment

Sincerely,
Fred Mastrianni
President of the BH/BL Baseball League

                The Town is going to recognize their accomplishment.  We are going to pass out proclamations at the next Town Board session on September 21st to each and every one of the team players.”


RESOLUTION NO. 178-2005

Moved by:       Councilman Denney
Seconded by:    Supervisor Mosher

                WHEREAS, Cavoli’s Grinding Service, Inc., formerly of 551 Sacandaga Road, is seeking approval from the Glenville Town Board to receive Empire Zone benefits after having recently relocated from the Town of Glenville to 1921 Broadway, Schenectady, within the Schenectady-Glenville Empire Zone; and

                WHEREAS, pursuant to Section 959 of the General Municipal Law, a “shift resolution” is required from the “sending” municipality if a business desires to relocate from the sending municipality to another municipality and derive Empire Zone benefits in the new municipality; and

                WHEREAS, pursuant to General Municipal Law, the legislative body of the “sending” municipality must hold a public hearing prior to acting upon a shift resolution,

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby schedules a public hearing for Wednesday, September 21, 2005, at 7:30 p.m., or as soon thereafter as possible, to consider authorizing a “shift” of Cavoli’s Grinding, Inc. from the Town of Glenville to the City of Schenectady, for the purpose of permitting Cavoli’s to derive Empire Zone benefits.

Ayes:                   Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:                   None
Absent:         Councilman Bailey
Abstentions:                    None

Motion Carried

Discussion…

                Supervisor Mosher – The business was being operated out of a residence.  There is nothing wrong with having a business of this type in a residence but if he were operating out of a store front it would be a different story.”

                Councilman Denney – “I agree with that, in a residence you are restricted as to the number of employees that you can have, the number of people you can have come in or out on a daily basis.  While I agree it would be desirable if a person located in the town, the entire town isn’t eligible for Empire Zone Benefits.  It is actually fairly limited and obviously for a business this small a lot of the areas really aren’t appropriate.  I think we should support it with our best wishes.”

                Attorney Mastro, - “I think that this business probably operated as a preexisting and non-conforming use and was allowed to remain in the residence for that purpose and the law prevents them from expanding.  In order to expand they would have to move.”

                Kevin Corcoran – “Certainly they want the deriving benefits from the Empire Zone that has got to be an incentive for them to move.  We did get a letter from Mr. Cavoli, the president of the company.  They said there’s really three reasons besides the Empire Zone Benefits they want to expand their business, they have outgrown their space, they want to introduce a retail component for cutlery, which they don’t have now and they claim they don’t have the space to do it on Sacandaga Road.  They are also leasing, they are renting from a relative and they said there was a change in living arrangements at the house that necessitated them moving.”

RESOLUTION NO. 179-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Quinn

                WHEREAS, the Town of Glenville due to the emergency nature of the damage on Gower Road due to summer rain has awarded bids for emergency road repairs and does not want to experience any unnecessary delays in payment; and

                WHEREAS, the Town issuance of bond debt will be delayed by approximately two months to comply with public notice/marketing requirements,

                NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the damage to Gower Rd, the bidding requirements to comply with General Municipal law is waived in this instance and the Glenville Town Board hereby authorizes the inter fund borrowing from the Town Highway Fund of up to $160,000 to the capital project of emergency road repairs of Gower Road until the bond debt can be issued this year to replace the due to and due from borrowing.  The finance charge will reflect the interest income that the funds otherwise would have earned.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:            None

Motion Carried


RESOLUTION NO. 180-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

BOND RESOLUTION DATED SEPTEMBER 7, 2005 A RESOLUTION APPROPRIATING $162,000 TO RECONSTRUCT A GOWER ROAD UNDERPASS AND A 12' X 100' SECTION OF GOWER ROAD DAMAGED FROM HEAVY RAINS AND FLOODING ON JULY 1, 2005, WITHIN THE TOWN OF GLENVILLE, NEW YORK STATING THE ESTIMATED MAXIMUM COST THEREOF IS $162,000, AND AUTHORIZING THE ISSUANCE OF $162,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.

Recitals
                WHEREAS, on July 1, 2005, severe rain storms resulted in flooding along Gower Road within the Town of Glenville damaging four sections of a 4 ft round concrete culvert pipe running under Gower Road which was washed out into a 50 ft. ravine under Gower Road damaging approximately 12' x 100' of Gower Road surface (the “Project”) requiring immediate remediation and repair; and

                WHEREAS, the Town Board of the Town of Glenville, in the County of Schenectady, New York (the “Town”) determined that is was in the public interest to immediately remediate and reconstruct the washed out underpass and road surface sections of Gower Road at the total estimated maximum cost of $162,000, to be financed by the issuance of obligations of the Town; and

                WHEREAS, at a meeting of the Town on September 7, 2005, it was determined that due to the emergency nature of the matter, the contracts to perform the work were not subject to the bidding requirements of the General Municipal law; and

                WHEREAS, it is now necessary and desirable to provide for financing the cost of such remediation and reconstruction of Gower Road by the issuance of serial bonds of the Town,

                NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, IN THE COUNTY OF SCHENECTADY, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Town Board), as follows:

Section 1.  The Town Board hereby finds and determines that the Project is a Type II action pursuant to the Environmental Quality Review Act and no further environmental review is required.


Section 2.  The Town hereby appropriates the amount of $162,000 to provide for the emergency remediation of the conditions at Gower Road by replacing an underpass and approximately 12' x 100 ‘ of roadway on Gower Road as describe in the Recitals hereof.  The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $162,000 and said amount is hereby appropriated therefor.  The plan of financing includes the issuance of $162,000 serial bonds of the Town to finance said appropriation, and the principal of and interest on said bonds as the same shall become due and payable shall be assessed, levied and collected from the taxable real property of the Town.

Section 3.  Serial bonds of the Town in the principal amount of $162,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law (the “Law”) to finance said appropriation.

Section 4.  The following additional matters are hereby determined and declared:
(a)     The period of probable usefulness of said class of objects or purposes for which said $162,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of subdivision 20(b) of paragraph a. of Section 11.00 of the Law, is ten years.
(b)     The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

Section 5.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount less any grants received.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 6.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00, Section 30.00, Section 50.00, Sections 56.00 to 60.00 and Section 63.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and the renewals thereof, determining whether to issue bonds with substantially level or declining annual debt service, prescribing the terms, form and contents of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, and any other powers or duties pertaining to or incidental to the sale and issuance of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 7.  The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if:
(a)     such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
(b)     the provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c)     such obligations are authorized in violation of the provisions of the constitution.

SECTION 8.  This bond resolution shall take effect immediately upon its adoption by the required votes by the Town Board of the Town.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:    None

Motion Carried

RESOLUTION NO. 181-2005

Moved by:       Councilman Quinn
Seconded by:    Councilman Denney

                WHEREAS, it has been several years since we purchased the firearms that our officers carry; and

                WHEREAS, these weapons have been reliable for several years but are now showing structural cracks and damage, and we are also experiencing malfunctions when using them on the range; and

                WHEREAS, it is recommended by the range officers and the Chief of Police that these weapons be replaced; and

                WHEREAS, the money to purchase these weapons will come out of our 2005 budgeted equipment line, 02.00.3120.2000, and the remaining balance will come from our seizure account,

                NOW, THEREFORE, BE IT RESOLVED that the Chief of Police be authorized to trade-in twenty-five (25) Ruger KP94DC and purchase twenty (20) Sigglow 26R40BSK and twenty (20) holsters for a price of $9,504.06.

Ayes:           
Noes:           
Absent: 
Abstention:             
Motion Carried


Discussion…

                Councilman Quinn – “This authorizes the Chief of Police to trade in twenty-five Rugger, purchase twenty Sigglow and twenty holsters for a price of $9,504.06.  The one thing that was not mentioned is that this will come out of our 2005 budgeted equipment line and the balance out of our seizure account.”

                Chief Boyle – “The weapons that we presently have which are the 40 caliber Rugger we have twenty-five of them, we have had them for ten years, they are starting to wear.  The slides are not extracting like they are suppose to a lot of the times we use them because they are starting to wear, we have had some fractures in a few, they’re jamming.  They just are not safe.  We did a study since last year at this time, reviewing different weapons from different companies, different caliber of weapons and we found this weapon to be the most viable to use for our department.  Homeland Security also did the same study of all different weapons as well and they purchased sixty-five thousand of these weapons.  To me it appears to be an excellent weapon.  Again we are using existing monies in our budget we are not going beyond that and plus our seizure account.  It is obviously a tool that we need in our business unfortunately.”

RESOLUTION NO. 182-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                WHEREAS, Andimo Coppola, Commissioner of Public Works has informed the Town Board that they will be unable to properly maintain and repair town roads or remove snow, ice and leaf vegetation from the roads in a timely manner without purchasing two new trucks; and

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the Commissioner of Public Works to advertise for bids on the purchase of two plow trucks; and

                BE IT FURTHER RESOLVED, that all bids must be received in the Town Clerk’s Office, 18 Glenridge Road, Glenville, New York by no later than 10:00 AM, on September 26, 2005 and opened on September 26, 2005 at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York at 10:10 AM, and

                BE IT FURTHER RESOLVED, that funding for the purchase of the trucks shall be the proceeds of a bond.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstention:             None

Motion Carried


RESOLUTION NO. 183-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

BOND RESOLUTION, DATED SEPTEMBER 7, 2005, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $300,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF PURCHASING EQUIPMENT CONSISTING OF TWO DIESEL POWERED SINGLE AXLE CAB AND CHASSIS WITH PLOW AND DUMP BODY TRUCKS

                WHEREAS, the Town Board of the Town of Glenville (the “Town”) desires to provide for the financing of the cost of and the cost incidental thereto of the purchase of equipment, i.e., two (2) single axle, cab and chassis trucks with equipment and apparatus to be used for repairing, maintaining or removing the snow and ice and leaf and vegetation from roads in the Town at an estimated cost of $300,000 and has and hereby determines that such payments are in the public interest of the Town; and

                WHEREAS, such Town Board has determined that any obligations authorized or issued pursuant to the financing described in this resolution shall mature in not more than fifteen (15) years as prescribed in the Local Finance Law to permit this resolution to become effective upon its adoption,

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville as follows:

SECTION 1.  There are hereby authorized to be issued serial bonds of the Town of Glenville in the aggregate principal amount not to exceed the amount of $300,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.

SECTION 2.  The specific object or purpose (hereinafter referred to as “purpose”) to be financed by the issuance of such serial bonds is the purchase of highway equipment namely, two (2) single axle,  cab and chassis trucks with equipment and apparatus to be used for repairing, maintaining or removing the snow and ice and leaf and vegetation from roads in the Town (the “Project”) the total cost thereof to be financed from the proceeds of the bonds herein authorized to be issued since no payment from current funds is required by Section 107.00 of the Local Finance Law.

SECTION 3.  It is hereby determined that the class of objects or purposes for which such serial bonds herein authorized to be issued is set forth in subdivision (28) paragraph a of Section 11.00 of the Local Finance Law, namely, the acquistion of  machinery and apparatus for construction and maintenance of any physical public betterment or improvement for the Town use.

SECTION 4.  No current funds are required to be provided prior to the issuance of the bonds herein authorized to be issued or prior to the issuance of any bond anticipation notes pursuant to Section 107 of the Local Finance Law since the period of probable usefulness of the bonds herein authorized for the objects or purposes set forth above are provided for in Section 11.00 of the Local Finance Law.

SECTION 5.  The Supervisor of the Town is hereby authorized to designate the bonds as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of l986, as amended, if the Town does not issue in excess of $10,000,000 of its general obligations in the calendar year in which the bonds are issued.  The Town covenants it will take any necessary action, do all things and not take any prohibited action to insure that the interest on the bonds will be exempt from Federal income taxation at all times.

SECTION 6.  Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and content of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes, including renewal notes, and to make any necessary “arbitrage” covenants in the name of the Town, is hereby delegated to the Supervisor of the Town as the chief fiscal officer of the Town.  The Supervisor of the Town is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this bond resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes, including renewal notes, and to attest such seal.  Such serial bonds, if, as and when issued shall be authenticated by the countersignature of a fiscal agent of the Town or by the appropriate designated officer of the Town pursuant to Section 70.00 of the Local Finance Law.

SECTION 7.  The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.  An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations herein authorized as the same become due and payable, such amounts to be included in the levy of taxes on all taxable parcels of land in the Town, or allocated from the Town annual sales tax revenue received from the County of Schenectady.

SECTION 8.  When this bond resolution takes effect, the Clerk of the Town shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law at least once in “The Daily Gazette”, the official newspaper of the Town, a newspaper having a general circulation in the Town.

SECTION 9.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
1.)  Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
2.)  the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20)days after the date of such publication, or
3.)  such obligations are authorized in violation of the provisions of the Constitution of the State of New York.

SECTION 10.  Tax Covenant.  The Town covenants for the benefit of the registered owners of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, or will not make any use of the facilities financed with the proceeds of the obligations which would cause interest on the obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the “Code”) (except for the alternative minimum tax imposed on individuals and corporations by Section 148 of the Tax Code, except for the environment tax imposed on corporations by Section 59A of the Tax Code and except for any obligations held by substantial users, or related persons, of the projects financed by the obligations) or subject the Town to any penalties under Section 148 of the Tax Code, and that it will not take any action or omit to take any action with respect to the obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on the obligations to become subject to Federal income taxation under the Tax Code (except for the alternative minimum tax imposed on individuals and corporations by Section 55 of the Tax Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof.  The  proceeds of any obligations authorized to be issued herein may be applied to reimburse expenditures or commitments made for such purpose on or after a date which is not more than one year prior to the date of adoption of this bond resolution.  The Town expects to expend general funds or other available moneys for the purposes which should be reimbursed from the proceeds of such obligations.

SECTION 11.  Prior to the issuance of obligations authorized to be issued by this bond resolution, the Town Board of the Town shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York Department of Environmental Conservation, all orders of the New York Department of Environmental Conservation and all applicable Federal laws and regulations in connection with environmental quality review relating to the specific object or purpose authorized to be financed herein (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Town Board of the Town will readopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Town Board of the Town that the project will not have a significant effect on the environment.

SECTION 12.  This bond resolution shall take effect immediately upon its adoption by the required votes by the Town Board of the Town.


Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:            None

Motion Carried

RESOLUTION NO. 184-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

BOND RESOLUTION, DATED SEPTEMBER 7, 2005, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $172,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF CONSTRUCTING AN EXTENSION TO WATER DISTRICT NO. 11, EXT 31

                WHEREAS, Water District 11 (hereinafter referred to as a “water district”) of the Town of Glenville, in the County of Schenectady, duly established by the Town Board of said Town and, as such, proposes to construct, maintain and operate a water system for said District in accordance with Article 12 of the Town Law of New York, and the purpose hereinafter described is a special improvement authorized by Article 12; and

                WHEREAS, the Town Board of the Town of Glenville (the “Town”) desires to provide for the financing of the cost of and the cost incidental thereto at an estimated cost of $172,000 and has and hereby determines that such payments are in the public interest of the Town; and

                WHEREAS, such Town Board has determined that any obligations authorized or issued pursuant to the financing described in this resolution shall mature in not more than forty (40) years as prescribed in the Local Finance Law to permit this resolution to become effective upon its adoption,

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville as follows:

SECTION 1.  There are hereby authorized to be issued serial bonds of the Town of Glenville in the aggregate principal amount not to exceed the amount of $172,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.

SECTION 2.  The specific object or purpose (hereinafter referred to as “purpose”) to be financed by the issuance of such serial bonds is the extension of Water District No. 11 of said Town, to be known as Extension No. 31, consisting of the laying of water mains, the installation of distribution pipes, and hydrants, necessary for the operation of such system and including the acquisition of necessary rights-of-way and easement in accordance with and at the locations stated in the map and plan referred to in the order establishing said Extension No. 31 adopted by the Town Board (the “Project”).  The plan for the financing provides for the total cost thereof to be financed from the proceeds of the bonds herein authorized to be issued since no payment from current funds is required by Section 107.00 of the Local Finance Law.

SECTION 3.  It is hereby determined that the class of objects or purposes for which such serial bonds herein authorized to be issued is set forth in subdivision 1. of Section 11.00 of the Local Finance Law, namely, the construction of an extension to a water system and having a period of probable usefulness of forty (40) years.

SECTION 4.  No current funds are required to be provided prior to the issuance of the bonds herein authorized to be issued or prior to the issuance of any bond anticipation notes pursuant to Section 107 of the Local Finance Law since the cost of said improvement is to be paid by assessment upon benefited real property in the area less than the area of the municipality and the maturity of the obligations authorized by this resolution shall be in excess of five (5) years.

SECTION 5.  Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and content of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes, including renewal notes, and to make any necessary “arbitrage” covenants in the name of the Town, is hereby delegated to the Supervisor of the Town as the chief fiscal officer of the Town.  The Supervisor of the Town is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this bond resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes, including renewal notes, and to attest such seal.  Such serial bonds, if, as and when issued shall be authenticated by the countersignature of a fiscal agent of the Town or by the appropriate designated officer of the Town pursuant to Section 70.00 of the Local Finance Law.

SECTION 6.  The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.  An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations herein authorized as the same become due and payable, and an amount sufficient therefor shall be levied, assessed and collected from the parcels of land within said district at the same time and in the same manner as other Town charges.

SECTION 7.  When this bond resolution takes effect, the Clerk of the Town shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law at least once in “The Daily Gazette”, the official newspaper of the Town, a newspaper having a general circulation in the Town.

SECTION 8.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
1.)  Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
2.)  the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20)days after the date of such publication, or
3.)  such obligations are authorized in violation of the provisions of the Constitution of the State of New York.

SECTION 9.  The Town intends to issue the obligations authorized by this bond resolution to finance the cost of the purpose identified in Section 2 hereof.  The Town covenants for the benefit of the registered owners of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, or will not make any use of the facilities financed with the proceeds of the obligations which would cause interest on the obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the “Code”) (except for the alternative minimum tax imposed on individuals and corporations by Section 148 of the Tax Code, except for the environment tax imposed on corporations by Section 59A of the Tax Code and except for any obligations held by substantial users, or related persons, of the projects financed by the obligations) or subject the Town to any penalties under Section 148 of the Tax Code, and that it will not take any action or omit to take any action with respect to the obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on the obligations to become subject to Federal income taxation under the Tax Code (except for the alternative minimum tax imposed on individuals and corporations by Section 55 of the Tax Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof.  The  proceeds of any obligations authorized to be issued herein may be applied to reimburse expenditures or commitments made for such purpose on or after a date which is not more than one year prior to the date of adoption of this bond resolution.  The Town expects to expend general funds or other available moneys for the purposes which should be reimbursed from the proceeds of such obligations.

SECTION 10.  Based upon the review by the Town, the Town Board hereby determines that the Project is a Type I action under the New York State Environmental Quality Review Act and that a negative declaration has been determined thereunder.

SECTION 11.  This bond resolution shall take effect immediately upon its adoption by the required votes by the Town Board of the Town.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:            None

Motion Carried

RESOLUTION NO. 185-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

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

ORDER

Please take notice that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY on Wednesday the 21st day of September, 2005 and at 7:30 PM on said date; and at such place, will hear all persons interested on the proposed increase and improvement of facilities for the existing Alplaus Sewer District, consisting of installing pipes, manholes, and pumping stations to eliminate operation of the existing wastewater treatment facilities serving said Alplaus Sewer District No. 1 and also the Rivercrest Sewer District, Town of Clifton Park; and to connect to the facilities of the Town of Glenville Sewer District No. 9 for conveyance of the wastewater to the City of Schenectady for treatment; and to also enlarge the sewer service area within the Alplaus hamlet area by the extension of new sewer pipes and manholes and pumping stations to the remaining populated section of Alplaus Hamlet, to constitute Extension No. 1 to the Alplaus Sewer District No. 1.

1.      A petition to extend the Alplaus Sewer District No. 1 was filed with the Town Board.  A previous public hearing on all of these matters was held on July 21, 2004.  Subsequently the Town Board passed resolutions to establish Extension No. 1 and to increase and improve the facilities of Alplaus Sewer District No. 1. This will be a single unified project.  A further Public Hearing is being held at this time to be certain that all interested parties have been given notice and an opportunity to be heard.
2.      The real properties to be affected directly by the termination of operation of the Alplaus Wastewater Treatment Plant are those properties currently served by the existing sewers in Alplaus Sewer District No. 1, Town of Glenville, and by the existing sewers in the Rivercrest Sewer District, Town of Clifton Park.  These properties are those described by the map, section and block numbers as identified on the Schenectady County Real Property Tax Service Agency Tax Maps for the Alplaus Sewer District No. 1, which are as follows:


Parcels in existing Alplaus Sewer District No. 1


23.18-2-10
23.18-3-55
23.18-2-11
23.18-3-57.1
23.18-2-12
23.18-3-57.2
23.18-2-13
23.18-3-58
23.18-2-14
23.18-3-59
23.18-2-16
23.18-3-60
23.18-2-17
23.18-3-61
23.18-2-18.1
23.18-3-62
23.18-2-8
23.18-3-63
23.18-2-9
23.18-3-64.1
23.18-3-21
23.18-3-66.1
23.18-3-22
23.18-3-67
23.18.3-23
23.18-3-68
23.18-3-24
23.18-3-69
23.18-3-25
23.18-3-70
23.18-3-26
23.18-3-71
23.18-3-28
23.18-2-3
23.18-3-29
23.18-2-4
23.18-3-30
23.18-2-5.1
23.18-3-31
23.18-2-6.1
23.18-3-32
23.18-2-7.2
23.18-3-33
23.18-2-15
23.18-3-34
23.18-2-19
23.18-3-35
23.18-3-36
23.18-3-37
23.18-3-38
23.18-3-39
23.18-3-40
23.18-3-41
23.18-3-42
23.18-3-43
23.18-3-44
23.18-3-45
23.18-3-46
23.18-3-47
23.18-3-48
23.18-3-49
23.18-3-50
23.18-3-51.1
23.18-3-52
23.18-3-53
23.18-3-54
and those properties as described by the map, section, and block numbers as identified on the Saratoga County Real Property tax services tax maps which are as follows:

Existing Rivercrest Sewer District, Town of Clifton Park


Served parcels

269.18-1-37
269.18-1-38
269.18-1-39
269.18-1-40
269.18-1-41
269.18-1-42
269.18-1-43
269.18-1-44
269.18-1-45
269.18-1-46
269.18-1-48
269.18-1-49
269.18-1-50
269.18-1-51
269.18-1-52
269.18-1-53
269.18-1-54

along with such lands as are utilized by the Town of Clifton Park for the routing of their sewer lines and facilities.


3.      The proposed construction of the interceptor sewers from the existing Alplaus Wastewater Treatment Plant to the existing Sewer District 9 facilities makes the extension of sanitary sewers feasible for the presently unsewered portion of the Alplaus Hamlet, generally described as the area west and north of the existing sewered area, being north of the Mohawk River, east of the Delaware and Hudson Railroad, and south of Glenridge Road.  These properties are further described by the map, section and block numbers as identified on the Schenectady County Real Property Tax Service Agency Tax Maps as listed below, as the proposed Town of Glenville Extension No. 1 to Alplaus Sewer District No. 1.





Parcels for Proposed New Sewer Service Area – Extension No. 1 to
Alplaus Sewer District No.1

      23.-1-20
    23.18-1-26
23.18-3-1.111
23.14-1-1.11
23.18-1-27
23.18-3-10
23.14-1-1.21
23.18-1-28
23.18-3-11
23.14-1-10
23.18-1-29.1
23.18-3-12
23.14-1-2
23.18-1-3
23.18-3-13
23.14-1-3.1
23.18-1-31.1
23.18-3-14
23.14-1-4
23.18-1-32
23.18-3-15
23.14-1-5
23.18-1-33
23.18-3-16
23.14-1-6
23.18-1-34
23.18-3-17
23.14-1-7
23.18-1-35
23.18-3-18
23.14-1-8
23.18-1-36
23.18-3-19
23.14-1-11
23.18-1-37
23.18-3-2
23.18-1-1
23.18-1-38
23.18-3-20
23.18-1-10
23.18-1-39
23.18-3-27
23.18-1-11
23.18-1-4
23.18-3-3
23.18-1-12
23.18-1-40
23,18-3-4
23.18-1-13
23.18-1-6.1
23.18-3-5
23.18-1-14
23.18-1-7
23.18-3-6
23.18-1-15
23.18-1-8
23.18-3-7.1
23.18-1-16
23.18-1-9
23.18-3-7.2
23.18-1-17
23.18-2-1.111
23.18-3-8
23.18-1-18
23.18-2-1.211
23.18-3-9.111
23.18-1-19
23.18-2-1.221
23.-2-23
23.18-1-2.1
23.18-2-2
23.-2-24.1
23.18-1-20
23.18-2-20
23.-2-25.11
23.18-1-21
23.18-2-21
23.18-1-22
23.18-1-23
23.18-1-24
23.18-1-25
 



23.-2-25.12
31.5-1-27
23.-2-25.2
31.5-1-28
23.-2-26
31.5-1-29
23.-2-27
31.5-1-3
23.-2-28
31.5-1-31.1
23.-2-29
31.5-1-32
23.-2-30
31.5-1-33
23.-2-32.1
31.5-1-34
30.-1-8.131
31.5-1-35
31.5-1-1
31.5-1-36
31.5-1-10
31.5-1-37
31.5-1-11.1
31.5-1-38
31.5-1-11.2
31.5-1-39
31.5-1-12
31.5-1-4
31.5-1-13
31.5-1-40
31.5-1-14.1
31.5-1-41
31.5-1-14.2
31.5-1-42
31.5-1-15
31.5-1-43
31.5-1-16
31.5-1-45
31.5-1-17.1
31.5-1-46
31.5-1-18
31.5-1-47
31.5-1-19
31.5-1-48
31.5-1-2
31.5-1-49
31.5-1-20
31.5-1-5
31.5-1-21
31.5-1-6
31.5-1-22
31.5-1-7
31.5-1-23
31.5-1-8
31.5-1-24
31.5-1-9
31.5-1-25
31.5-1-26

Total 139 parcels. 167.5 service units

4.      The maximum amount that is proposed to be expended for the total project is $2,180,000.00.  This cost is apportioned as follows between the three groups proposed to be served by the project :                  Existing Alplaus Sewer District No. 1, Town of Glenville   $   564,699.00
Existing Rivercrest Sewer District, Town of Clifton Park    $   148,835.00
Proposed Extension No. 1 Alplaus Sewer District No. 1,    $1,466,466.00
                   Town of Glenville

5.      The inter-municipal agreement between the Town of Glenville and Town of Clifton Park includes provisions that Rivercrest Sewer District residents be assessed and charged on an equal basis as Alplaus Sewer District residents, in any future improvements as Rivercrest did replace a portion of the Alplaus sewer lines at the time of their connection to the system.

6.      The costs of the project are proposed to be financed by the Town of Glenville by the issuance of bonds for a 30 year term.  Annual debt service costs shall be recovered from the properties served by or benefited by the project on the basis of the parcel’s flow contribution in comparison to the flow contribution of an average single family home, to be called a service unit.  As an example, a two family home would be considered as two service units, one per household.  In addition to the debt service cost, there would be an annual cost for wastewater treatment by the City of Schenectady, and an annual cost for the operation and maintenance of the Alplaus System, and the conveyance of the wastewater in the Sewer District 9 facilities to Schenectady.  The debt service cost is dependent upon the interest rate of the bond issue.  Several rates are presented below to demonstrate the range.  The Town of Glenville historically has had very good bond ratings and these rates shown are expected to include the final rate to be obtained at this time.

Debt service annual costs will vary with the number of service units assessed each year.  Typically service areas add units through new construction.  When the debt is retired at the end of the bond issue, the debt service for this project will no longer be collected.  Annual operating costs and City treatment changes will be adjusted as Town costs change over time.  These O&M and treatment rates have been established for the first year of this project.  See attached spreadsheet for estimated service unit costs at various bond issue interest rates.  As an example, a single family home at a 4.50 % interest rate will pay $767.47 per year.

7.      Each property owner not presently served, will also face a one-time personal cost to connect his property’s sanitary pipe to the sewer service lateral connection pipe installed by the project at the edge of the public right of way.  This service connection pipe will need to be completed within two years of the new sewers becoming available for use.  Cost can be roughly estimated at $25.00 per foot.

At the time of connection to the sewer system a new connection will also need to pay the Town permit and inspection fee of $100.00.

The property owner will also need to close out and fill his existing septic tank, with a typical cost of $400.00.

The one-time total first year connection costs for a typical home is about $2200.00.

8.      The Map, Plan & Report are available for review at the office of the Town Clerk during normal business hours.

9.      The purpose of this project is to eliminate the presently deteriorating and occasionally overloaded existing wastewater treatment plant in Alplaus, and to reduce the pollution of the Mohawk River from the unreliable individual septic systems currently in use in the unsewered parts of the Hamlet of Alplaus.

10.     The Town Board will meet on September 21, 2005 at 7:30 in the evening or as soon thereafter as the matter can be reached, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY to hear all persons interested in this improvement project and the establishment of Extension No. 1 to Alplaus Sewer District 1 in the Hamlet of Alplaus.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:    None

Motion Carried


Discussion…

                Attorney Mastro, Jr. – “This will be the last in a long series of public hearings that have already occurred on the Alplaus Sewer District extension.  The purpose for the public hearing is to make certain that any, not only the residents that are within the proposed Alplaus Sewer District extension but also those who are just outside the district and might want to be incorporated in the district and have noticed that the Town is about to take some action and to petition to be heard one way or the other.

                There have been a number of public hearings on this.  It has been a complex project and after consultation with the comptroller it was agreed that we would have one last public hearing and public information session.”

RESOLUTION NO. 186-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS, a recommendation to amend the Sanders Preserve Use Policy was made by the Town of Glenville Park Planning Commission; and

                WHEREAS, a public hearing was held on August 17, 2005 at the Glenville Municipal Center to hear all persons interested in commenting on said proposed amendments; and

                WHEREAS, the Glenville Town Board wishes to consider the four (4) elements of the Park Planning Commission recommendations separately,

                NOW, THEREFORE, BE IT RESOLVED that the Town of Glenville Ordinance governing Park Regulations be amended by affirmative vote on each of the following:

                26-6    FIREARMS; HUNTING PERMITS

                Amend Introductory as follows:

                No firearms of any kind, air rifles and pistols, slingshots, bows and arrows, or similar items are permitted to be used or carried on park land with the exception of the Sanders Preserve.  A seasonal hunting permit issued by the town is required for the use of firearms (or longbow) for the purpose of hunting in designated areas of the Sanders Preserve.  To obtain a permit:

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstention:             None
Motion Carried

Add

D.      No “unprotected species” hunting (as defined by New York State Department of Environmental Conservation) may occur in the Sanders Preserve except during turkey, small and big game seasons.
Ayes:           None
Noes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Absent: Councilman Bailey
Abstentions:            None
Motion Defeated
                Add

E.      No rifles utilizing centerfire or rimfire ammunition may be used in the Sanders Preserve. (clarification – all shotguns and muzzleloaders are allowed)

Ayes:           None
Noes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Absent: Councilman Bailey
Abstentions:            None
Motion Defeated

                26-6A   SANDERS PRESERVE SIGN IN/OUT - Add

                All users of the Sanders Preserve must sign in and out in the registry provided in the Sanders Road parking area.

Ayes:           Councilmen Denney, Quinn and Supervisor Mosher
Noes:           Councilman Russo
Absent: Councilman Bailey
Abstentions:            None

Motion Carried

RESOLUTION NO. 187-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                WHEREAS, Adolf J. Zeglen residing at 213 Sunnyside Road, Glenville, NY has petitioned the Town Board of the Town of Glenville to establish an extension to Sewer District 9 of the Town of Glenville;


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



ORDER

        1. A petition for the establishment of an extension to Sewer District 9 of the Town of Glenville has been filed with the Town of Glenville.

        2. The proposed extension includes the following parcel of land as identified on the Schenectady Real Property Tax Service Agency tax maps as parcel 30.19-1-15.

        3. There is no anticipated cost to the Town of Glenville for this extension to Sewer District 9.

        4. The Town Board of the Town of Glenville will hold a public hearing on the petition to establish this extension to Sewer District 9 on September 21, 2005 at 7:30 p.m., or as soon thereafter as it can be reached, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY, to hear all persons interested in this extension to Sewer District 9 of the Town of Glenville, and

                BE IT FURTHER RESOLVED that a copy of this order, certified by the Town Clerk, be published at least once in the official newspaper of the Town, and that said publication be not less than ten (10) days nor more than twenty (20) days before September 21, 2005, the date for the public hearing; and

                BE IT STILL FURTHER RESOLVED that a copy of this order be posted on the sign board of the Town of Glenville not less than ten (10) days nor more than twenty (20) days before September 21, 2005, the date for the public hearing.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:            None

Motion Carried

New Business

                Councilman Denney – “We do have an add on this evening, a follow-up on an item that was discussed in a worksession last week, Councilman Quinn wasn’t there.  We had a presentation from our Town Planner, Kevin Corcoran about the lack of time to be able to allocate towards completing the preparation of the changes in zoning necessary to implement the Freemans Bridges Road Master Plan which we adopted well over a year ago.

                I will just add on that my position has been that we shouldn’t be pursuing an open space plan until we have implemented zoning for a prior plan.  We need to clear the decks because the open space plan is absolutely necessary, I think there is a pretty broad consensus of the board and the community that it is a desirable activity.  We have had lots of discussions in prior worksessions about the fact that the planning department is stressed.  There is a lot of growth going on in the town.  We have two full time people in there and they’ve got an awful lot of work to do just to keep up with the boards and commissions that they are working with and the applicant.
                Last week during the worksession we discussed the possibility of bringing on somebody just temporarily for a few weeks, so that Kevin could put himself in a room somewhere and not have to deal with the day to day issues that come up.  We have talked to a prior employee in that department who has agreed to come on essentially part-time.  We did some research over the last couple of days.  I brought up the idea of bringing in a independent contractor basis, that creates some potential labor issues not to mention some tax issues.

                Attorney Goldberger has been consulted with the labor perspective and he has some suggestions on how we should go about implementing this.  Basically the first step would be is a resolution that you have in front where we are resolving that the Glenville Town Board hereby authorizes the Town Supervisor to file such paper work as is necessary with the Schenectady County Civil Service Commission to create the temporary position of Planner I.  This does not fill the position, it doesn’t compel us to fill the position all it does is gets us on the agenda for the Civil Service Commission who meets on the 20th.  Kevin would like to get going on this towards the end of this month or early next month and we have another meeting on the 21st.  If we do this they will address it on the 20th, on the 21st we will have it on the agenda to fill the position where we will have a proposed hourly rate, who the person would be, the number of hours we want to limit it to what ever we want to put in the resolution can be there.  This doesn’t compel up to do anything.

                If we want to get the zoning done before the end of the year we need to act on this tonight so that is the reason it is an add it was discussed at last weeks worksession that it was coming.”

RESOLUTION NO. 188-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS, in order to progress various zoning changes recommended in the Freemans Bridge Road Master Plan, there exists a need in the Town of Glenville Planning Department for a temporary planner position, at the Planner I Civil Service level, for a period not to exceed three weeks,

                NOW, THEREFORE, BE IT RESOLVED that the Glenville Town Board hereby authorizes the Town Supervisor to file such paperwork as is necessary with the Schenectady County Civil Service Commission to create the temporary position of Planner 1.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstention:             None


Motion Carried

                Motion to adjourn was moved by Councilman Russo and Seconded by Councilman Denney.

                The Town of Glenville Town Board Meeting was adjourned at 9:01 PM.

                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk