Town of Glenville - Town Board Meeting Minutes 4/18/2007

Town Board Meeting Minutes 4/18/2007

REGULAR MEETING OF THE TOWN BOARD

TOWN OF GLENVILLE

APRIL 18, 2007

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 7:30 PM. Councilwoman DiGiandomenico gave the Invocation and led us in the Pledge of Allegiance.

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

Supervisor Quinn – “Item number 16 on the agenda, a resolution amending salaries is being tabled for this evening because we have had some developments today that tie into that so we will not be dealing with number 16 this evening and at the end of tonight’s meeting after new business the Board will adjourn for an executive session to discuss labor negotiations and a personnel matter.

Town Council Reports:

Councilman Quinn – “I met with the Public Safety Committee and some representatives from Mohawk Ambulance came to do a presentation on the various contract offerings. We had a great many questions for them. As you know we did not renew that contract this year but they gave us some features of a variety of contracts throughout the municipalities in the region and they are going to come back to us with a presentation of their responses hopefully we in turn will do the same for you folks.”

Councilman Bailey – “The Board will find a letter in their mail to this effect.

Mr. LeClair, Mr. Gemmette, Mr. Gilgore and Mr. Russell met with Mark Kestner and a group of people from the Woodhaven section, members of the group of the nineteen residents that are interested in getting sewers built in the Woodcrest area. They explored the situation and I think everybody is on a common understanding. It is my understanding that sixteen of the nineteen residents have indicated that they would sign the petition. Projected cost for a new sewer system in that area would be approximately $290,000 which works out to about $1140 per household. We are moving ahead on that based on the positive response. So what that means is that we will be submitting the Part 85 Application to obtain the Comptroller’s approval, go out for bid award and then start construction at some point.”

Supervisor Quinn – “Woodcrest, for those of you in the audience that don’t know, is a little sub-piece of the whole Woodhaven neighborhood. So this is a sub-group the other members didn’t want to join in a much larger proposed sewer district.”

Councilman Bailey – “The water plant situation that continues to move ahead. The decision has been made to disinfect the clear wells, which is a major step forward that would be followed by filling the tanks, doing the final instrumentation hookups and of course doing a completion of the punch list items which is typical for a multi-million dollar project.

We could be looking at initial start up of the plant by the end of April and that would not be beneficial service but start up for operational testing which would run through perhaps the first half of May. So maybe by mid May late May at the latest we should be pumping water out into the town for beneficial use.

Obviously the recent weather was taxing on everybody; I know I saw a lot of people with hoses coming out of their basements. The Town’s Public Works employees did an exceptionally good job. They were dealing with flooded manholes, plugged manholes and culverts all over the town.”

Councilwoman DiGiandomenico – “I would like to give an Alplaus Sewer update. On Friday, April 13^th, the Part 85 Application for the Alplaus Sewer District was delivered to the State Comptroller in Albany by our Engineering Technician, Dana Gilgore. Dana will update us on the latest regarding the application and we will forward the information to those concerned.

At this time I would also like to thank Rosalie Fahey, George Phillips, Rick LeClair, Eric Dickson, Linda Neals, Kevin Corcoran, Dana Gilgore, Amanda Galvin, Cathy Visco and Mark Kestner for their prompt attention and cooperation in completing this application in a timely manner. Also thanks to Barb Casey and all of the people of Alplaus who worked so hard to pull this all together. What a team, job well done! Thank you.

The next item I would like to report on is the Schenectady County 15^th Annual Indian Kill Open House Fishing Day on Saturday, May 12^th, 8:30 a.m. - 12:00 p.m. It is held at the Indian Kill Nature Preserve on Hetcheltown Road, which is across from the County Composting Facility. You must be a Schenectady County resident, 15 years of age or younger, children under 12 must be accompanied by an adult. You can pre-register before May 9^th at Goldstock’s on Freemans Bridge Road, Taylor & Vadney on Broadway in Rotterdam and The Boat House on Aqueduct Road in Niskayuna.”

Nobody wished to speak during the privilege of the floor

Supervisor’s Comments:

Supervisor Quinn reported the following information to the Board

On 4/19 I will be attending the Schenectady Military Affairs Council meeting with the Commander at the 109^th Air Wing. I am a representative to that council.

Also on 4/19 the Schenectady County Intergovernmental meeting will take place. This is a meeting of the County, the City and the Supervisor’s, Mayor’s and so forth to discuss items of mutual interest. Some of the items are potential shared services, so I will let you know what comes out of that.

On 4/20 the BOA Steering Committee will be meeting to get input and that has to deal with the proposed master plan for the Industrial Park on Route 5.

On 4/24 there is a meeting at Metroplex to discuss some of the proposals and some of the activities regarding the Kivort property down on the river, so it is just an initial sharing of thoughts and ideas.

On 4/25 I will be attending the Local Government Council Meeting in Albany where the officials of the surrounding seven counties meet to discuss items of mutual interest. The primary thing that is due is a report. They have been making a study and collecting data on the impact of organizations such as A & D, who is suppose to be going into Luther Forest and what the infrastructure implications are for the surrounding areas, because besides that company coming over to Luther Forest area they will bring with them, as they have in almost every other town, suppliers and so forth. What could that mean for the surrounding communities especially in terms of infrastructure?

On 4/25 there will be a joint meeting of our Town Board and the Village Board. We are going to go over the Delaware Engineering study. I think all of you have this study, please read it and prepare your questions because there is a lot of stuff in it and we would want to be clear amongst ourselves first and foremost about what this study is saying and what some of the implications are so that we can carry on a discussion with our colleagues in the Village. No action is to be taken; it is just an information discussion meeting to, since we are partners in this study, discuss what it is saying, what some of the alternatives are and do we or don’t we want to proceed with this project?

Please pay specific attention to the items not only in this report but you received a one pager from our Town Planner, Kevin Corcoran and he raises some very good questions.

On 5/1 the local Rotary Clubs, actually the district 7190, that covers seven counties around us, they bring in young professionals from other countries and they come here and see how we do business, we send a team to the other country. In this case it is Brazil and so one of the incoming professionals is a city manager so on Tuesday the 1^st of May I will be doing an orientation.”

Supervisor Quinn moved ahead with the resolutions on the agenda.

RESOLUTION NO. 107-2007

Moved by: Councilman Rosenberg

Seconded by: Councilwoman DiGiandomenico

WHEREAS, Town Law Sections 267 and 271 mandate that, effective January 1, 2007, all planning board and zoning board of appeals members in New York State, as well as alternate members, must complete a minimum of four hours of training per year; and

WHEREAS, the above sections of Town Law provide that planning board and zoning board of appeals members shall not be eligible for reappointment unless they meet the minimum training threshold; and

WHEREAS, the above sections of Town Law state that the legislative bodies of towns must specify which activities qualify as satisfactory training;

NOW, THEREFORE, BE IT RESOLVED, that the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet New York State requirements when said training pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices;

New York State Department of State

New York State Department of Environmental Conservation

New York State Department of Transportation

New York State Department of Health

New York State Office of Parks, Recreation, and Historic Preservation

New York State Department of Agriculture and Markets

Office of the State Comptroller

Hudson River Valley Greenway

New York State Association of Towns

New York Planning Federation

American Planning Association

Upstate New York Chapters of the American Planning Association and its sections

Metro New York Chapter of the American Planning Association and its sections

Capital District Regional Planning Commission

Capital District Transportation Committee

Central New York Regional Planning and Development Board

Herkimer-Oneida Counties Comprehensive Planning Program

Lake Champlain–Lake George Regional Planning Board

Long Island Regional Planning Board

Southern Tier Central Regional Planning and Development Board

Southern Tier East Regional Planning and Development Board

Southern Tier West Regional Planning and Development Board

Genesee-Finger Lakes Regional Planning Council

Hudson Valley Regional Council

Tug Hill Commission

Adirondack Park Agency

Schenectady County Planning Department

Albany County Planning Department

Saratoga County Planning Department

Schenectady County Soil and Water Conservation District

Schenectady County Department of Environmental Health

Albany Law School

Pace Law School

Cornell University and its Cooperative Extension Offices

SUNY Albany Department of Geography and Planning

On-line training programs offered by the New York Municipal Insurance

Reciprocal, Pace University and Land Use Law Center, and the Lincoln

Institute of Land Use Policy

and

BE IT FURTHER RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board, upon request of a Planning & Zoning Commission or Zoning Board of Appeals member, and following a recommendation by staff of the Planning Department; and

BE IT FURTHER RESOLVED, that any new member appointed to fill the last six (6) months or less of a term shall be exempt from training for this period but shall comply with these training requirements, beginning with the next calendar year; and

BE IT FURTHER RESOLVED, that training received by a member of the Planning & Zoning Commission or Zoning Board of Appeals in excess of four hours in any one year may be credited towards the training requirements of the following calendar year; and

BE IT FURTHER RESOLVED, that the Planning Department shall create and maintain a system to track the training of individual members, and such information shall be presented to the Town Board prior to the Town Board making any reappointments of Planning & Zoning Commission and Zoning Board of Appeals members.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 108-2007

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Rosenberg

WHEREAS, a vacancy exists in the Comptroller’s Office for the position of Assistant to the Comptroller due to a retirement; and

WHEREAS, a competitive Civil Service test was administered for this position, an eligible list subsequently established, and interviews were conducted with all of the eligible candidates; and

WHEREAS, the interview panel was unanimous in their recommendation of the candidate who could best fill this position,

NOW, THEREFORE, BE IT RESOLVED, that Jeffrey Prescott, 2 Wyndon Rd., Ballston Lake, NY, 12019 (Town of Glenville) is hereby appointed to the vacant position of Assistant to the Comptroller, effective May 21, 2007, at the budgeted pay rate prescribed in the CSEA contract ($35,033); and

BE IT FURTHER RESOLVED, that Mr. Prescott will be subject to the rules of the Civil Service, which include a twenty-six week probationary period.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 109-2007

Moved by: Councilman Rosenberg

Seconded by: Councilman Quinn

WHEREAS, the Glenville Town Board has determined it is the best interest of the Town of Glenville to retain professional recruitment services to identify a candidate for Town Administrator; and

WHEREAS Executive Recruiter Roberta M. DiFrancesco was successfully retained and recruited the current Town Administrator, Anthony J. Germano;

WHEREAS Medical insurance opt out costs should be budgeted for the current Town Administrator, Anthony J. Germano;

WHEREAS the Town Board authorized the Supervisor to retain the services of one or more executive search firms, on a contingency basis, to assist this Town Board in its solicitation of candidates for the position of Town Administrator with Resolution 60-2007;

NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes the hiring and payment of Ms. Roberta M. DiFrancesco, executive recruiter, of 31 Southwood Drive, Slingerlands NY, for the purpose of recruiting Anthony J. Germano, Town Administrator, at a cost not to exceed Thirteen Thousand Five Hundred Dollars ($13,500), and

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Board authorizes the costs charged and budgetary transfer decrease from 01.00.1010.1000(Personal Services) be appropriated as an increase to the following accounts:


~			Increased 2007 expense by
01.00.1010.1009			$4,000
(Medical opt out)

01.00.1010.4000			$13,500
(Contractual)

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 110-2007

Moved by: Councilman Rosenberg

Seconded by: Councilwoman DiGiandomenico

WHEREAS, a zoning map amendment application has been submitted by John and Patricia Pardi to change the zoning of their 0.94-acre property at 3441 Amsterdam Road (tax map # 20.16.-1-5) from Professional/Residential to Community Business; and

WHEREAS, the Town of Glenville Town Board has assumed SEQRA (State Environmental Quality Review Act) Lead Agency for this project;

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that this proposed zoning map amendment will not result in a significant adverse environmental impact. Consequently, the Board hereby issues a SEQRA Negative Declaration; and

BE IT FURTHER RESOLVED, that the reasons supporting the Negative Declaration are as follows:

· Rezoning the parcel in question from "Professional Residential" to "Community Business" is more reflective of the existing use of this property (furniture store). Further, the applicant owns property adjacent to the subject property to the east that is currently zoned "Community Business." Consequently, this rezoning is consistent with adjacent zoning, in addition to recognizing the predominant land uses in the immediate area.

· This action does not involve any new construction or alteration to the land. This is a change of zoning on a parcel that is currently occupied by a furniture business. As a result, there will be no adverse impacts to air quality, ground or surface water quality, traffic levels, noise levels, solid waste production, erosion, flooding, etc. as a result of this action.

· The property in question is already occupied by an existing business. The change of zoning, consequently, will not result in the destruction of large quantities of vegetation, nor will it impact any wildlife species or habitat areas.

· Since there will be no construction or physical disturbance to the property as a result of this action, there will be no change in either the use or intensity of use of the parcel, nor will there be any impact on agricultural land, open space, or recreational resources.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 111-2007

Moved by: Councilman Rosenberg

Seconded by: Councilman Quinn

WHEREAS, the purpose of the zoning map amendment is to make the zoning of this property consistent with the zoning of the adjacent property to the southeast, which is also owned by John and Patricia Pardi, and to allow the Pardis to reasonably market their commercial building; and

WHEREAS, the Glenville Town Board, as the SEQR Lead Agency for this application, has issued a Negative Declaration; and

WHEREAS, both the Glenville Environmental Conservation Commission and Planning and Zoning Commission recommended that this zoning map amendment proposal be approved;

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby approves the zoning map amendment application by John and Patricia Pardi to change the zoning of their 0.94-acre property at 3441 Amsterdam Road from Professional/Residential to Community Business; and

BE IT FURTHER RESOLVED, this approval is based on the following findings:

· The proposed zoning (Community Business) of the Pardi property is the same as the zoning of the adjacent property to the east – also owned by the Pardis- as well as the “strip” of properties along both sides of Route 5 east of the Pardi property, all the way to and a bit beyond the intersection of Route 5 and Vley Road.

· This action should not impact nearby land values in that the amendment represents only a slight increase in zoning intensity (going from a low intensity residential/commercial zone to a relatively low intensity commercial zone). Further, the property in question is already occupied by a retail business (Clark & Brown Furniture) that is consistent with the Community Business zoning designation.

· This zoning map amendment will not impact the character of the neighborhood. The site is already occupied by a long-established business (Clark & Brown Furniture). This zoning amendment doesn’t alter this fact. Further, this property abuts a four-lane state highway, in an area where a mix of commercial, residential and vacant properties can be found.

· This proposed zoning amendment is consistent with other provisions of the Town of Glenville Zoning Ordinance. Most notably, this rezoning eliminates a current nonconforming land use (retail store in a Professional/Residential zone) by changing the zoning to Community Business, which does permit small scale retail (up to 20,000 sq. ft. of gross floor area).

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 112-2007

Moved by: Councilman Bailey

Seconded by: Councilman Rosenberg

WHEREAS, a Petition, Map and Plan were previously filed with the Town Board, and said Map and Plan having been prepared by a duly licensed surveyor and engineer, showing the boundaries of the proposed Drainage District, in accordance with the Town Law, and

WHEREAS, this Town Board did call a public hearing to be held on April 4, 2007, and due notice of said public hearing was given, as required by the Town Law, and the said Town Board having a public hearing on April 4, 2007, in connection therewith, and evidence having been taken at the said public hearing in connection with the relief asked for, and after due consideration having been given in connection with the proceeding and the evidence produced at the said public hearing;

IT IS DULY ORDERED, that the Town Board of the Town of Glenville does hereby DETERMINE as follows:

(a) The Petition in this proceeding has been filed and acknowledged or proved as required by law, and said Petition is otherwise sufficient;

(b) That all property and property owners within the proposed Extension are benefited thereby;

(d) That it is in the public interest to grant, in whole, the relief sought,

AND IT IS FURTHER

ORDERED, that this Town Board does hereby approve of the establishment of said Drainage District No. 8, as asked for in said Petition, and does also approve of the improvement asked for in said Petition, and in accordance with the Map and Plan filed therewith and the cost of constructing the improvements associated with this Extension will be paid by the developers of Glenview Gardens Subdivision and there will be no cost to the Town of Glenville, and no part of which is to be raised by borrowing,

AND IT IS FURTHER

ORDERED, that this Town Board further determines that the Petition in this matter complies with the requirements of Section 191 of the Town Law as to the sufficiency of signers, and the boundaries set forth in said Petition.

AND IT IS FURTHER ORDERED, that the approval herein of the establishment of aid Drainage District includes a certain tract, piece or parcel of land located in the Town of Glenville, County of Schenectady and State of New York, more particularly bounded and described as “Glenview Estates”, prepared by Environmental Design Partnership, LLP, and as set forth in Exhibit "A" attached hereto and made a part hereof.

AND IT IS FURTHER ORDERED, that the Town Clerk be, and she hereby is, directed to have a certified copy of these ORDERS and DETERMINATIONS of this Town Board duly recorded in the Office of the County Clerk of the County of Schenectady, and a certified copy thereof also filed with the STATE COMPTROLLER OF THE STATE OF NEW YORK within ten (10) days after the adoption of the same, and when so recorded, such ORDERS and DETERMINATIONS shall be presumptive evidence of the regularity of the proceedings of this Drainage District.

AND IT IS FURTHER

ORDERED, that the Plans and Specifications for said improvement, prepared by Environmental Design Partnership, LLP, are approved.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

EXHIBIT “A”

22.1-4-41

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22.1-4-9.111

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22.1-4-95

RESOLUTION NO. 113-2007

Moved by: Councilman Bailey

Seconded by: Councilman Quinn

WHEREAS, a Petition, Map and Plan were previously filed with the Town Board, and said Map and Plan having been prepared by a duly licensed surveyor and engineer, showing the boundaries of the proposed Extension, and the general plan of the proposed Sewer System therein, in accordance with the Town Law, and

IT IS DULY

ORDERED, that the Town Board of the Town of Glenville does hereby DETERMINE as follows:

(a) The Petition in this proceeding has been filed and acknowledged or proved as required by law, and said Petition is otherwise sufficient;

(b) That all property and property owners within the proposed Extension are benefited thereby;

(d) That it is in the public interest to grant, in whole, the relief sought,

AND IT IS FURTHER

ORDERED, that this Town Board does hereby approve of the establishment of said Extension, as asked for in said Petition, and does also approve of the construction of the improvement asked for in said Petition, and in accordance with the Map and Plan filed therewith and the cost of constructing the improvements associated with this Extension will be paid by the developers of Glenview Gardens Subdivision and there will be no cost to the Town of Glenville, and no part of which is to be raised by borrowing,

AND IT IS FURTHER

ORDERED, that the said properties described in said Petition, as set forth on the Map accompanying the same, be and the same are hereby annexed to Sewer District No. 9 of the Town of Glenville, to be known as Extension No. 6 to Sewer District No. 9.

The approval herein of the establishment of said Extension includes a certain tract, piece or parcel of land located in the Town of Glenville, County of Schenectady and State of New York, more particularly bounded and described as “Glenview Estates”, prepared by Environmental Design Partnership, LLP, and as set forth in Exhibit "A" attached hereto and made a part hereof.

AND IT IS FURTHER

ORDERED, that the construction work asked for in said Petition be, and the same is hereby authorized in accordance with the Map and Plan accompanying the same, at a cost to be paid for by the Petitioner, and no part of which is to be raised by borrowing, and the necessary work, as shown on said Map and Plan as asked for in said Petition, together with the necessary legal, engineering, and other lawful expenses and disbursements are hereby authorized in connection therewith; which such total cost shall not exceed the amount set forth above.

AND IT IS FURTHER

ORDERED, that the Town Clerk be, and she hereby is, directed to have a certified copy of these ORDERS and DETERMINATIONS of this Town Board duly recorded in the Office of the County Clerk of the County of Schenectady, and a certified copy thereof also filed with the STATE COMPTROLLER OF THE STATE OF NEW YORK within ten (10) days after the adoption of the same, and when so recorded, such ORDERS and DETERMINATIONS shall be presumptive evidence of the regularity of the proceedings of this Extension, and the construction work asked for therein.

AND IT IS FURTHER

ORDERED, that the Plans and Specifications prepared by Environmental Design Partnership, LLP, for the said improvements, are approved.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 114-2007

Moved by: Councilman Bailey

Seconded by: Councilwoman DiGiandomenico

WHEREAS, this Local Law No. 3 of 2007 has been introduced; and

WHEREAS, public hearing has been duly held thereon,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville adopt Local Law No. 3 of 2007, a Local Law to amend the Code of the Town of Glenville, Chapter 270, “Zoning” Article VII, “Intermunicipal Watershed Rules” as follows: (additions are indicated by underline; deletions by ~~strikeout~~)

§ 270-37. Applicability.

A. This article herein set forth, duly made and enacted in accordance with the provisions of sections 1100 through 1107 of the Public Health Law, shall apply to the wells which comprise the sources of public water supply for the following municipal jurisdictions in Schenectady County:

~~Town of Glenville~~

~~Town of Niskayuna~~

~~Town of Rotterdam~~

~~Village of Scotia~~

~~City of Schenectady~~

A B. This article shall apply to any lands, premises and uses within the respective protection zones created ~~herein~~ by Article 11, Title 1, §§ 1100-1107 of the NYS Public Health Law and shown on the Intermunicipal Watershed Rules and Regulations Schenectady Aquifer Protection Zones Map, Plate #1, dated February 1990, and the Intermunicipal Watershed Rules and Regulations Municipal Property Inventory Maps dated February 1990. Said map, or series of maps, all notations or other information shown thereon are part of this article and are located in the office of the Town Clerk ~~of each municipality and the County~~. This article is intended to be superimposed on the existing underlying zoning districts ~~land use laws of each municipality served by the Schenectady Aquifer~~ to supplement the underlying development standards with additional requirements designed to protect the aquifer and the municipal water supply ~~augment and enhance those protective measures already in place~~. This article shall in no way ~~affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.~~ exempt any existing or proposed land uses or development activities from complying with the Intermunicipal Watershed Rules and Regulations contained in Article 11, Title 1, §§ 1100-1107 of the NYS Public Health Law.

§ 270-42 Penalties for offenses.

Any person, firm or corporation who violates, disobeys, refuses to comply with or resists the enforcement of this article shall be subject to those penalties specified in section 1103 of the Public Health Law. Any such violation may be enjoined subject to sections 1102, 1104 and 1105 of the Public Health Law.

The Town Board hereby exercises its authority under § 10, subdivision 1(ii)(d)(3), of the Municipal Home Rule Law, and any other applicable provision of law now or hereinafter enacted, to supersede the applicable provisions of § 268, subdivision 1, of the Town Law, and any other applicable or successor law, in order to impose a penalty and fine structure that best reflects the needs of the community and the importance of protecting the municipal water supply. For each violation of the provisions of this Article, the owner, general agent, person in charge of the premises, architect, engineer and/or contractor of the building, structure or premises where such violation has been committed or exists shall be guilty of an offense punishable by a fine or penalty of not less than $250 nor more than $5,000 or by imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; upon conviction of a second violation, where the offense is committed within a period of five years of the first offense, a fine of not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent violation where the offense is committed within a period of five years of the first and second offense, a fine of not less than $1,500 nor more than $15,000 or by imprisonment for a period not to exceed six months, or both. Each day such violation continues following notification by the Town or service of a summons shall constitute a separate offense punishable in like manner. The Town Board shall have such other remedies as are allowable by law.

Any person, firm or corporation who violates disobeys, refuses to comply with or resists the enforcement of any provision of these intermunicipal watershed rules and regulations or the terms of any permit or other approval granted hereunder shall also be subject to those penalties specified in Article 11, Title 1, § 1103 of NYS Public Health Law as may be applicable, in addition to the penalties enumerated herein.

Section 2.) Article VII, §270-43 of the Code of the Town of Glenville is deleted.

Section 3.) This local law shall take effect immediately.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 115-2007

Moved by: Councilman Quinn

Seconded by: Councilman Rosenberg

WHEREAS, the Kiwanis Club of Scotia-Glenville intends to make a generous donation to the Town of Glenville for the purpose of assisting in the improvement of the playground area at Indian Meadows Park, and

WHEREAS, the Kiwanis Club of Scotia-Glenville wishes to protect itself against future liability arising from public use of said playground,

NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Glenville is hereby authorized to sign a Hold Harmless Agreement with the Kiwanis Club of Scotia Glenville, such agreement having undergone review and approval by town legal counsel.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 116-2007

Moved by: Councilman Bailey

Seconded by: Councilwoman DiGiandomenico

WHEREAS, the Commissioner of Public Works has recommended that the position of Engineering Aide be created in order to perform a variety of critical functions to the Public Works department, including, but not limited to, MS-4 and cross-connection compliance, and

WHEREAS, the position has been analyzed by the Town Board, which concurs that the need for an Engineering Aide exists,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville does hereby authorize the creation of the position of Engineering Aide in the Department of Public Works, and directs the Director of Human Services to submit the required documents to the Schenectady County Civil Service Commission for their approval.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 117-2007

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Rosenberg

BE IT RESOLVED that the Monthly Departmental Reports for March 2007 as received from the following:

Assessor Department

Building Department

Dog Control

Human Services

Highway Department

Justice Department

Planning Department

Section 8 Housing Payments

Town Clerk's Office

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

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

New Business:

Councilman Rosenberg – “We are close to our cut off as far as getting two new people appointed to the Board of Assessment Review. The last scheduled class is on May 2^nd. We only have one special meeting between now and then so I would like to discuss this in executive session.”

RESOLUTION NO. 118-2007

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 to discuss contract negotiations and 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 8:10 p.m. and entered into Executive Session to discuss personnel matters.

Time being 8:20 pm Supervisor Quinn reconvened the meeting and the following action was taken.

RESOLUTION NO. 119-2007

Moved by: Councilman Rosenberg

Seconded by: Councilwoman DiGiandomenico

WHEREAS, it is in the best interest of the Town to increase the number of members on the Assessment Board of Review from three (3) to five (5),

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby appoints the following individuals to serve on the Assessment Board of Review in the Town of Glenville, Schenectady County, New York; Virginia Graney, 209 Parkland Avenue, Glenville commencing immediately and expiring September 30, 2009 and James Bishop, 287 Swaggertown Road, Glenville commencing immediately and expiring September 30, 2010; and

BE IT FURTHER RESOLVED that the Board of Assessment Review be reimbursed as follows: $100.00 per person per day for Grievance Day and $25.00 per person per hour for sessions following Grievance Day, with the Chairman of the Board of Review receiving an additional $50.00 for his/hers services.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

Time being 8:20 pm the Board re-entered into Executive Session to continue their discussion regarding personnel matters.

Time being 9:30 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 9:31 PM.

ATTEST:

______________________________

Linda C. Neals

Town Clerk