Town of Glenville - Town Board Minutes 4/5/06

Town Board Minutes 4/5/06

REGULAR MEETING OF THE TOWN BOARD

TOWN OF GLENVILLE

APRIL 5, 2006

AT THE GLENVILLE MUNICIPAL CENTER

18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

Present: Supervisor Frank X. Quinn, Councilmen Robert E. Bailey, Mark A. Quinn, Edward F. Rosenberg and Councilwoman Valerie M. DiGiandomenico

Absent: None

Supervisor Quinn called the meeting to order at 8:00 PM. Councilwoman DiGiandomenico gave the invocation and lead us in the Pledge of Allegiance.

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

Town Council Reports:

Councilwoman DiGiandomenico – “I just wanted to read the announcement on the Annual Spring Clean-Up/Bulk Item Program, which will begin on April 24^th. (the article from the newspaper and website was read).”

Councilman Quinn – “Several members of the Public Safety Committee met with Art Crouse who is our consultant from AK Associates. He indicated his intention to have the first of several requests for proposals completed for the furniture which will house our communication equipment by tomorrow. Subsequent RFP’s will be prepared by the end of summer hopefully for the radio equipment itself.

With regard to the DARE Advisory Board, just by way of announcement, the Annual DARE Golf Tournament will be held at the Fairways of Halfmoon on Saturday, June 3^rd at 9:00 am and they are still looking for foursomes as well as hole and tee sponsors. This is their major fund raiser every year.”

Councilman Bailey – “The water plant progress is good down there along the river where we are constructing the addition to the water plant. If not by now sometime this week the final major concrete pour will be completed, it may already be in place.

Progress is good and I think we are a few weeks ahead of schedule. Because we are making progress, progress payments are coming in and I have received requests for the first progress from Lenz Hardware, they are dealing with the heating, ventilating and air-conditioning. Lenz Hardware has two contracts they also have the plumbing contract and I have a progress for that also. The first progress payment is in the amount of $7,600 and the second one is $4,892, both for insurance coverage that they need to have in place to start work. The third item I received just this evening, which I have not had time to review yet, which is for BCI Construction, the general contractor doing the majority of the work there and this is a significant progress payment in the amount of $190,133.”

Supervisor Quinn – “For all of us up here and for the audience tonight we’re going to make two amendments to tonight’s agenda the remaining items. We have got one item that we are going to delete from the agenda because we need to do a little bit more work and on the agenda it is listed as #17, it is a resolution approving an agreement between NY Development Group and the Town regarding a potential easement. We will have one add on at the very end and that is a personnel agenda item where we will go into executive session to discuss pending personnel actions that we have here in the town.

Supervisor Quinn – “Item No. 5 is a public hearing to hear all persons interested on the proposed extension and improvements of facilities for the existing Alplaus Sewer District No. 1.

Supervisor Quinn opened the public hearing at 8:11 p.m.

No one wished to speak; Supervisor Quinn closed the public hearing at 8:12 p.m.

The following people exercised the privilege of the floor:

Michael Brockbank, 1494 Wendell Ave., Schenectady – “I am here tonight as an attorney representing Ida and Raymond Piotrowski, the owners of the Piotrowski Farm.

Piotrowski’s have been for the last three or four years and myself involved with the town in the development of the Master Plan for the Freeman’s Bridge Road area which takes into account in a major way the Piotrowski Farm and the other areas and other landowners adjacent to them in the Freeman’s Bridge area.

During that time the Piotrowski family has been cooperative with the town in the development of a Master Plan and they have accepted the concept of zoning although it is a limitation of freedom they understand that zoning is necessary. With minor differences we have gone back and forth with the town the master plan developed and the master plan matured over a period of time. It therefore caught us off guard last week when a news report said that the board in worksession might be considering changing some aspects of the Master Plan.

We hope that that won’t happen and we want to say or reveal to the town board on the Master Plan the Piotrowski family has entered into a contract several months ago with someone to develop a portion of their land based on the master plan and in furtherance of the master plan. We believe that this development will enhance the Freeman’s Bridge Road area, compliment the existing areas and be in furtherance of the master plan. It does take into account the type of zoning contemplated for that portion of the Piotrowski land that is on Freeman’s Bridge.

We stand ready to meet with the new town officers, the new town board members as we have in the past with town staff and town board members to iron out any differences that may exist and also to consider the larger impact because the Piotrowski land is not only on Freeman’s Bridge but it extends down to Sunnyside Road. One of the benefits for instance in the recent development of the Wal-mart was the creation of Dutch Meadows Lane which is at no cost to the town a new road in the town. I am pleased to report that there is the possibility, definite possibility that another access road would be developed with this new developed area, again at no cost to the town and or to the town residents.

Therefore we hope on behalf of the family that the town would adhere to the master plan rather than changing it at this date and the following speakers will speak to the nature of the new development so that you will have more information about the particulars.”

Ned Walker, Walker Planning & Design – “I am a landscape architect and a certified planner representing Ray Piotrowski directly.

I have been working with the Piotrowski family over the past three years to resolve land use issues as related to the draft Freeman’s Bridge Master Plan and more particularly last year as it moved forward through adoption in June of 2004 and in 2005 the Town Board saw fit to implement the zoning recommendations in the land use plan. That as you know came up to a vote, was tabled and is back under consideration.

I think what I would like to do tonight is just very briefly let you know that we are ready and willing at your direction to sit across the table again, iron out differences, work collaboratively as we have in the last three years towards implementation of the master plan.

The last two speakers tonight represent tonight the prospect that has got serious interest in 29 acres of Mr. Piotrowski’s land and basically we are here to give you the courtesy of knowing that an application was filed today for rezoning in support of this new development.

We have with us here tonight a Senior Executive from Lowe’s International. It will be a Lowe’s flagship store located on the property.”

Joe Lanaro, Chief of Engineering, Chazen Companies – “We have been retained to represent Lowe’s regarding this project. We are very excited about this project; we believe its project conducive to the findings of the Master Plan that was adopted by the town a few years back and our office has been working on this project for sometime now and has completed extensive surveys of the property, environmental studies, we will be advancing some surface programs and as of today a zoning change application has been submitted today to help further this project. We anticipate on submitting some additional applications in the near future for minor subdivision and site plan considerations by the Planning Board as well as the zoning application submitted to the Town Board.

I just wanted to again state that we are very interested in working with the Board and feel that this will be a catalyst project for some of the primary objectives of the master plan.”

Rob Jess, Sr. Site Development Manager, Lowe’s Home Improvement Warehouse – “We are very excited about the potential opportunity to build a store in the Town of Glenville on the Piotrowski property.

To let you know that we have been searching the market for a long period of time and we identified the Piotrowski property as being an ideal piece especially in light of the Master Plan. This is a very exciting opportunity; I work on numerous stores throughout the North East. This is just a great opportunity; looking at a Master Plan which we feel that our use will just fit into that use like a glove and as Mr. Lanaro had indicated we think there is a really good opportunity for the project to really help realize some of the goals of the master plan.

I wanted the town to realize that Lowe’s is real and provided that we can get the necessary zone change and the necessary approvals we would like to build a store in the Town of Glenville on the Piotrowski property.”

No one else wished to speak; Supervisor Quinn closed the Privilege of the Floor.

Supervisor’s Comments to the Board:

Supervisor Quinn – “I would like to share with my colleagues some ideas, thoughts and activities that have been going on.

I think each of you have received a copy of the notice that we received here in the town regarding the Scotia/Glenville area sidewalk project that has been in the mill for five years or more.

Recently the Village Board voted that they will no longer pursue this project and therefore are pulling out. They fully recognize their responsibility in sharing any costs that we have all incurred to this point and they are perfectly prepared and willing and able to do that.

My understanding is that the school district is looking at doing the same thing and they are saying whether they want to proceed or not.

We had a recent meeting with the Department of Transportation on this subject reviewing what are the options? This was prior to the Village Board’s announcement. We met with DOT to discuss where are we at? The cost of this project has increased significantly over time and as they have grown we looked at what are the alternatives? What different ways can we deal with this and stay within the budget that we have all set aside as one-third partners in this project? We have explored those and apparently the board decided on it’s own to proceed from there.

The informal hearings that were held for the assessment review process are wrapped up right now. We have had 2,240 of our citizens go for those informal interviews, get some information and now they have to decide whether or not they want to pursue any other actions like go to the formal hearings.

The 2,240 folks that took advantage of this are basically about twenty percent (20%) of all of our properties in the town, given its over ten years since the last real assessment; we’ve asked how unusual that is twenty-percent (20%) high, low, average, what is it? The firm that we hired is saying it is right on the money. That is what they experienced in Glens Falls which they recently completed and the other towns around the state.

In addition to the 2,240 that did the interviews we received approximately 25 to 30 of them did not show and we’ve got another 200 mail-ins that have come in. Out of the 11,000, data wise, if we pull out the 9,600 parcels that are residential and you use the past tax bills what you will find is about 29% of the residential units had their taxes decreased $300 or more and about 26% went up about $300 or more. On the condominiums it is a little different. About 27% of those folks had taxes reduced by $300 or more, about 3.8% went up $300 or more. On the commercial properties we have about 58% of those had a reduction in taxes of about $300 or more and about 29% had an increase of about $300 or more. So overall in the town when you look at the 11,204 properties in the town you would find 28% went down by $300 or more and almost an identical number went up by $300 or more and then there is a group in the middle that went up $100 or down $100.

We will continue to pursue this, put the final reports together. Rosalie as our Assessor will come up with the final data and numbers.

On a different matter the County Intermunicipal Watershed Board, the group that is County wide and responsible for protecting the Great Flats Aquifer in the recharge area, the source of drinking water for 150,000 people in our county. It is a group of town supervisors, the city, the county representatives and we are a member of that. If you see my name in the paper with anything having to do with the Watershed Board, despite my efforts not to be elected I was overwhelmingly elected to be the Chair of that board.

Today I was at a meeting of the County wide Intermunicipal Planning Group and again the town supervisors, the mayor of the city and the county manager, the village mayors etc. A couple of the three topics that we got into today, the Shared Highway Service Agreement and did all of the towns and the cities send in resolutions so that they can begin to see what we can in fact pull off as joint efforts in the sharing of services, equipment and all of those things. That is off the ground and ours is in there with them. They are looking at county wide public works grant proposals. One of them would be around 9-1-1 and the dispatchers and they put in for a grant on that one. While that process is off the ground apparently no one believes anything of substance will come out of that. First the study, then the recommendations and then do we or don’t we want to do things as a joint effort around dispatching and all of the technology that goes with it.

The bulk of the meeting was devoted to the Emergency Management Planning and how we are going to integrate the command and control structures for that. There is a whole significant amount of proposed training and these tie in from the federal level to the state level, down to the county level and then right down here to us in our command post and how we would run things for any of the possible emergencies.

We have got to recommend whose going to be the people because we are going to have to have representatives on the County wide command structure and we all have got to get certain kinds of training.

Today I met with Ray Gillen from Metroplex and we were talking about a couple of topics. The first is now that these re-assessments are underway you all know we have got a series of Pilots (payment in lieu of taxes) and so I’m trying to get the data which really is in the IDA on the Pilots that currently exist because how are they written? They could be written so that there is no change in the Pilot no matter what happens to the property value but they could be written that we are locked into something or are the past contracts that took place over the years are we locked in or not. If we are not locked then if the property values went up then the Pilot payments ought to go up accordingly.

We were discussing potential economic development issues for the Industrial Park.

We have this study underway with Delaware Engineering and we are trying to get our homework assignment organized so that the town and the village representatives can get a meeting together to identify certain pieces of information and data that will help Delaware Engineering as they are doing that survey for us giving us alternatives and options about the discharge and the sewer things in the years to come.

Last on the schedule is April 11^th at 9:00 am we will be meeting here with the gentlemen from the New York Development Group to discuss some things they would like to take up with us.”

Supervisor Quinn continued with the agenda items.

RESOLUTION NO.98-2006

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Bailey

WHEREAS, the Town Board has authorized preparation of a draft Open Space Plan; and

WHEREAS, to assist Planning staff in the preparation of the Open Space Plan, the Town Board has opted to appoint an Open Space Committee consisting of Glenville property owners; and

WHEREAS, the Open Space Committee shall consist of 27 members in total, nine of which will be appointed to a Steering Committee,

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby appoints the following individuals to the Town of Glenville Open Space Committee;

Charlie Beers, III 1137 Sacandaga Road

Diane Berning 173 Sunnyside Road

Maureen Crowley 19 Vley Road

Dan Grzybowski 932 West Glenville Road

Aaren Hatalsky/Hugh Jenkins 1761 West Glenville Road

Al Haugen 1550 Gower Road

Dorothy Hickok 1537 Washout Road

Dan Hill 541 Sacandaga Road

Stephen Janack 65 St. Stephen’s Lane West

Barbara Jefts 1734 Vley Road

Ray Koch 2146 Touareuna Road

Stanley Lee 130 Johnson Road

Larry McArthur 29 Onderdonk Road

Michael McHale 10 Hill Street

Clarence Mosher 30 Cypress Drive

George Nigriny 172 Spring Road

Jack Osterlitz 409 Church Road

Michael Pileggi 1733 Ridge Road

Judy Rightmyer 18 Velina Drive

Mike Sheppeck 241 Alplaus Avenue

Don Snell 31 Willowbrook Road

Hank Stebbins 2487 Ridge Road

Michael Sterthous 3 Sunnyside Road

Mark Storti 9 Barry Lane

Daniel Testo 3077 Waters Road

Harry Willis 12 Washington Road

Joseph Zeglen 219 Sunnyside Road

BE IT FURTHER RESOLVED, that the following individuals are hereby appointed to the Steering Committee, which is the core group that will have primary responsibility for advancing the Open Space Plan;

Al Haugen Hank Stebbins

Dan Hill Mike Sterthous

Barbara Jefts Mark Storti

Judy Rightmyer Harry Willis

Don Snell

and;

BE IT FURTHER RESOLVED, that the Steering Committee shall be responsible for selecting the Committee’s Chairman and Deputy Chairman.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 99-2006

Moved by: Councilman Bailey

Seconded by: Councilman Quinn

WHEREAS, the Town of Glenville, the County of Schenectady, and other County municipalities have the power and authority to contract for the purpose of renting, leasing, exchanging, borrowing or maintaining of machinery and equipment, with or without operators, with other municipalities; and

WHEREAS, the Town of Glenville, the County of Schenectady, and other County municipalities have the power and authority to borrow or lend materials and supplies to other municipalities; and

WHEREAS, the Town of Glenville, the County of Schenectady, and other County municipalities have machinery and equipment which is not used during certain periods; and

WHEREAS, the Town of Glenville, the County of Schenectady, and other municipalities often have materials and supplies on hand which are not immediately needed; and

WHEREAS, this Town Board has determined that it will be in the best interest of the Town to enter into an agreement with the County of Schenectady and other County municipalities for shared highway services for the leasing, lending, exchanging or maintenance of highway equipment and materials,

NOW, THEREFORE, BE IT RESOLVED that this Town Board does hereby authorize the Superintendent of Highways to act in behalf of the Town for the leasing, lending, exchanging, borrowing, or maintaining highway equipment and materials with the County of Schenectady and other County municipalities; and

BE IT HEREBY FURTHER RESOLVED, that this Town Board does hereby authorize the Supervisor to enter into an intermunicipal agreement for shared highway services with the County of Schenectady and other County municipalities, pursuant to the terms and conditions of said agreement.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstention: None

Motion Carried

RESOLUTION NO 100-2006

Moved by: Councilman Rosenberg

Seconded by: Councilwoman DiGiandomenico

WHEREAS, the Town of Glenville is in the process of updating and reorganizing its Code Book (i.e. compilation of local laws and ordinances); and

WHEREAS, these zoning amendments constitute an unlisted action in accordance with 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}); and

WHEREAS, the Glenville Town Board has assumed SEQRA Lead Agency in this instance; and

WHEREAS, both the Glenville Environmental Conservation Commission and the Planning & Zoning Commission recommended that the Town Board find no significant adverse environmental impacts associated with the re-codification effort, and that the Board issue a SEQRA “Negative Declaration;”

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that the proposed amendments to its Code Book will not result in a significant adverse environmental impact; and

BE IT FURTHER RESOLVED, that the Glenville Town Board hereby issues a SEQRA “Negative Declaration” (attached) for this application, based on the following findings:

· This action does not involve any construction or land disturbance; it merely involves the reorganization and modernization of the Town’s Code Book.

· This action does not create a conflict with any adopted Town goals or plans. This is primarily an administrative action.

· This action does not impair any historical, archeological, architectural, or aesthetic resources.

· Since this action does not involve construction, it will not cause any adverse changes in existing air quality, ground or surface water quality, traffic levels, ambient noise levels, etc.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 101-2006

RESOLUTION TO ENACT LOCAL LAW NO. 3-2006

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Rosenberg

WHEREAS a public hearing was held the 1st day of March, 2006 by the Town Board of the Town of Glenville, notice of which was given as required by the Municipal Home Rule Law, the Open Meetings Law and the Town Law of the State of New York; and

WHEREAS at said public hearing the Town Board considered the enactment of proposed Local Law No. 3-2006, entitled A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF GLENVILLE INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF GLENVILLE”; and

WHEREAS all interested persons were given an opportunity to be heard with respect to the enactment of said local law,

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 3-2006 be enacted as follows:

ARTICLE I

Adoption of Code

§~1-1. Legislative intent.

In accordance with Subdivision 3 of §~20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions, including the 1966 Code, of the Town of Glenville, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 270, together with an Appendix, shall be known collectively as the “Code of the Town of Glenville,” hereafter termed the “Code.” Wherever reference is made in any of the local laws, ordinances and resolutions contained in the “Code of the Town of Glenville” to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.

§~1-2. Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions, including the 1966 Code, in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Glenville, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §~1-3 below.

§~1-3. Repeal of enactments not included in Code.

A. All local laws and ordinances of a general and permanent nature of the Town of Glenville in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

B. Specifically, The following chapters of the 1966 Code are intended to be repealed with adoption of the 2005 Code:

(1) Chapter 2, Abandoned Motor Vehicles.

(2) Chapter 4, Approval of Plats.

(3) Chapter 9, Buildings, Unsafe.

(4) Chapter 11, Dance Halls.

(5) Chapter 14, Drainage Control.

(6) Chapter 17, Electrical Code.

(7) Chapter 19, Firearms and Explosives.

(8) Chapter 21, Fire Prevention Code.

(9) Chapter 30, Ordinances, Adoption of.

§~1-4. Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in §~1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:

A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Glenville prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Glenville or any penalty, punishment or forfeiture which may result therefrom.

C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of Glenville.

D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Glenville.

E. Any local law or ordinance of the Town of Glenville providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Glenville or any portion thereof.

F. Any local law or ordinance of the Town of Glenville appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Glenville or other instruments or evidence of the Town's indebtedness.

G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

H. The levy or imposition of special assessments or charges.

I. The annexation or dedication of property.

J. Any local law or ordinance relating to salaries and compensation.

K. Any local law or ordinance amending the Zoning Map.

L. Any local law or ordinance relating to or establishing a pension plan or pension fund for Town employees.

M. Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.

N. L.L. No. 3-1985, adopted 5-15-1985, providing for the regulation of indirect contributors to the municipal wastewater system, as amended.

O. Any local law adopted subsequent to 10-20-2005.

§~1-5. Severability.

If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§~1-6. Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Glenville and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Glenville by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§~1-7. Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the “Code of the Town of Glenville” or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable.

§~1-8. Code book to be kept up-to-date.

It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Glenville required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§~1-9. Sale of Code book; supplementation.

Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Town Board. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§~1-10. Penalties for tampering with Code.

Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Glenville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Glenville to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.

§~1-11. Changes in previously adopted legislation; new provisions.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Glenville, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.

B. In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)

C. Nomenclature. In the following chapters, titles of officials and/or departments are updated to reflect current nomenclature:

(1) In Chapter 217, Sewers, references are revised as follows: "Superintendent of Sewers" and "Superintendent" are amended to read "Commissioner of Public Works or designee"; "Town of Glenville Health Department, Division of Environmental Health" is amended to read "Town of Glenville Department of Public Works"; and "Senior Engineering Technician" is amended to read "Engineering Technician II."

(2) In Chapter 259, Water, Articles II and III, references to the "Superintendent of Water" are revised to read "Commissioner of Public Works or designee."

D. References to NYCRR Part 617 in Chapter 132, Environmental Quality Review. References throughout this chapter to the old NYCRR Part 617 numbering are updated as follows:

Old Reference Updated Reference

617.4 617.14

617.8 617.9

617.10 617.12

617.12 617.4

617.13 617.5

§~1-12. Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Glenville, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the sections of this local law shall be numbered §§~1-1 to 1-13, inclusive.

§~1-13. When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 102-2006

Moved by: Councilman Bailey

Seconded by: Councilman Quinn

EXTENSION NO 1 OF ALPLAUS SEWER DISTRICT NO. 1

WHEREAS, a written petition has been presented to and filed with the Town Clerk of the Town of Glenville requesting an extension of Alplaus Sewer District No. 1; and

WHEREAS, that the extension consists of the real property described in the list of parcels attached to the petition, consisting of 139 parcels identified on the Schenectady County real property tax service agency tax maps by the section, block and lot numbers included therewith; and

WHEREAS, a certified copy of the Order of the Town Board calling for the hearing on the petition was duly published in the Daily Gazette, the official newspaper of the Town of Glenville on March 20, 2006, and a certified copy of the Order calling the public hearing was posted upon the bulletin board in the Municipal Center in the Town of Glenville on March 17, 2006; and

WHEREAS, a public hearing was held, pursuant to Resolution No. 93-2006, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, New York, on April 5, 2006 at 8:00 in the evening, and the petitioners having appeared in support of the application for the sewer district extension and the improvements, and all persons interested in said extension were heard and proof having been presented concerning the same; and

WHEREAS, the Town Attorney of the Town of Glenville has examined the petition and affirmed to the Town Board that the petition is signed and acknowledged, as required by law and is otherwise sufficient; and

WHEREAS, the Assessor of the Town of Glenville has certified to the Town Board that the petition is signed by the owners of taxable real property situate in the proposed district or extension owning in the aggregate at least one-half of the assessed valuation of all of the taxable real property of the proposed district or extension and by resident owners owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the proposed district or extension and all such property owners are benefited thereby; and

WHEREAS, it is in the public interest to grant the relief requested in the petition; and

WHEREAS, the petition for the extension and the improvements was accompanied by a Map, Plan and Report prepared by Kestner Engineers, P.C., dated July, 2003, which shows the boundaries of the proposed extension; and

WHEREAS, the Town Board has given due deliberation to the hearing and the testimony and the proof presented and has determined to approve the extension requested in the petitions;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that the petition is signed and acknowledged or proved as required by law and is otherwise sufficient and complies with the applicable provisions of the Town Law of the State of New York; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that all of the property and property owners within the proposed extension of Alplaus Sewer District No. 1 are benefited thereby; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that all of the property and property owners benefited are included within the limits of the proposed extension and that no property or property owners or interested persons benefited by the extension have been excluded therefrom; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that the extension and expenditure for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that the cost of the proposed improvements is to be assessed in whole or in part against the benefited area and that all real property to be assessed will be benefited by the proposed improvements and that no benefited property has been excluded; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby approves the extension of the Alplaus Sewer District No. 1, as set forth in the petition and Map, Plan and Report submitted by Kestner Engineers, P.C., subject to the review, approval and Order of the Comptroller of the State of New York approving the proposed extension of Alplaus Sewer District No. 1; and

BE IT FURTHER RESOLVED that the maximum amount proposed to be expended for the improvements to this extension to Alplaus Sewer District No. 1 is $1,466,466.00; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville does hereby confirm that the Application for permission of the State Comptroller was prepared at the direction of the Town Board of the Town of Glenville and that the Town Board believed the contents of said Application to be accurate, and hereby directs the Town Clerk to file a certified copy of this Resolution, along with such other appropriate documents as are necessary, with the Comptroller of the State of New York for approval and Order.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 103-2006

Moved by: Councilman Bailey

Seconded by: Councilman Rosenberg

IMPROVEMENT OF ALPLAUS SEWER DISTRICT NO. 1

WHEREAS, a written petition has been presented to and filed with the Town Clerk of the Town of Glenville requesting an improvement of Alplaus Sewer District No. 1; and

WHEREAS, that the District consists of the real property described in the list of parcels attached to the petition, consisting of 66 parcels identified on the Schenectady County real property tax service agency tax maps by the section, block and lot numbers included therewith; and

WHEREAS, a public hearing was held, pursuant to Resolution No. 93-2006, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, New York, on April 5, 2006 at 8:00 in the evening, and the petitioners having appeared in support of the application for the sewer district rehabilitation and improvements, and all persons interested in said rehabilitation were heard and proof having been presented concerning the same; and

WHEREAS, the Assessor of the Town of Glenville has certified to the Town Board that the petition is signed by the owners of taxable real property situate in the existing and proposed district or extension owning in the aggregate at least one-half of the assessed valuation of all of the taxable real property of the existing and proposed district or extension and by resident owners owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the existing and proposed district or extension and all such property owners are benefited thereby; and

WHEREAS, it is in the public interest to grant the relief requested in the petition; and

WHEREAS, the Town Board has given due deliberation to the hearing and the testimony and the proof presented and has determined to approve the rehabilitation and improvements requested in the petitions;

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that all of the property and property owners within the existing District and the proposed extension of Alplaus Sewer District No. 1 are benefited thereby; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that all of the property and property owners benefited are included within the limits of the existing District and the proposed improvements and that no property or property owners or interested persons benefited by improvements or the extension have been excluded therefrom; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby finds and determines that the improvements and expenditure for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Glenville hereby approves the improvements of the Alplaus Sewer District No. 1, as set forth in the petition and Map, Plan and Report submitted by Kestner Engineers, P.C.; and

BE IT FURTHER RESOLVED that the maximum amount proposed to be expended for the improvements to the existing Alplaus Sewer District No. 1 is $713,534.00.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 104-2006

Moved by: Councilman Bailey

Seconded by: Councilman Rosenberg

WHEREAS, the Town of Glenville has authorized work by Kestner Engineers, P.C. on the Alplaus Sewer District No. 1 Extension No. 1 of $193,336, and

WHEREAS, the Town issuance of bond debt for Alplaus Sewer District No. 1 Extension No. 1 will be delayed by several months to comply with public notice requirements,

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the inter fund borrowing from the Water Town District #11 fund up to $193,336 for the Alplaus Sewer District No. 1 Extension No. 1 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 Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 105-2006

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Bailey

BE IT RESOLVED, that the minutes of the meeting held on March 15, 2006 be and they hereby are approved and accepted as entered.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 106-2006

Moved by: Councilman Bailey

Seconded by: Councilman Rosenberg

BE IT RESOLVED that the Town Board of the Town of Glenville hereby schedules a Special Meeting to be held on Wednesday, April 12, 2006 at 7:30 pm.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstention: None

Motion Carried

RESOLUTION NO. 107-2006

Moved by: Councilman Quinn

Seconded by: Councilman Rosenberg

BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session in order to discuss pending personnel matters.

Ayes: Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstention: None

Motion Carried

Supervisor Quinn adjourned this portion of the meeting at 9:00 p.m. and moved into Executive Session.

The time being 10:15 pm Supervisor Quinn reconvened the meeting.

Motion to adjourn was moved by Councilman Rosenberg and Seconded by Councilman Bailey.

The Town of Glenville Town Board Meeting was adjourned at 10:16 PM.

ATTEST:

______________________________

Linda C. Neals

Town Clerk