REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
APRIL 4, 2007
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK
Present: Supervisor Frank X. Quinn, Councilmen, Robert E. Bailey, Edward F. Rosenberg and Councilwoman Valerie M. DiGiandomenico
Absent: Councilman Mark A. Quinn
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 for except Councilman Quinn.
Town Council Reports:
Councilman Bailey – “Progress on the water plant is nearing completion. One of the last major hurdles, I think we are in the process of getting over and that is correcting the type of paint that the contractor put on some of the piping and pumps. There are very strict regulations on that and we found that they were not followed so we are arranging for the paint to be blasted off and repainted. That process will take probably eight to ten days and another seven days of curing at the end of that is a major mile stone that allows us to fill the clear wells and start running the system to check it out.
So hopefully the plant should be started up by the middle of May.
The Public Works Commissioner has completed the inventory of all the property and equipment, vehicles, tools, spare parts that we have in the highway and the water and sewer departments. This is a major undertaking; anybody who has ever tried to inventory just the contents of their home knows it takes a bit of effort to do it and we have done this for an entire garage. That will allow better accountability for a lot of property which is really tax payers’ money.”
Councilman Rosenberg – “From our Planning Department, GECC and our Planning and Zoning Commission the Glenville YMCA requested an approval to construct a 3200 sq ft addition on the front of their existing building to be used as a wellness center.
There is an application in front of the GECC on the 26th for a Laundromat at 88 Freemans Bridge Road in an existing building. That parcel is located within a general business zoning district.
The Yates Farm townhouse development on Maple Avenue was on the GECC agenda and that’s a proposal for constructing 50 townhouse units and 13 buildings on a little over 12 acres of land on Maple Avenue. It included some improvements to Maple Avenue as well.
The Glen Cove Harbor Project on Amsterdam Road (Rte 5) was on the agenda for GECC and that is the waterfront planned development district, about 65 acres of land envisioning approximately 450 multi-family housing units including townhouses, condominiums, public and private marinas, a country inn, conference facility and restaurants. It would be served by public water and a private sanitary collection and wastewater treatment facility.
Our building department; there were 24 building permits in March, total value of those permits was 2.1 million dollars; eight new permits for new homes.”
Councilwoman DiGiandomenico – “Fishermen Attention! The Freemans Bridge Fishing Access Site/Boat Launch will be closed until further notice, effective Monday, April 9th. The site will undergo significant improvement and will re-open in early summer. The work is being performed by NYS DEC.”
Supervisor Quinn – “Tonight is a night of public hearings, so you all get a chance to join in the public hearings. We will start item number 5, a proposed local law to amend Chapter 270 of the Zoning, Article VII Intermunicipal Watershed Rules and Regulations.
The Intermunicipal Watershed is the body that established, a County wide body, the ground rules by state law for what can and can’t be done in this Watershed and any threats to it. Our town has adopted the Intermunicipal Watershed Rules for the County and this is an updating of that.”
Supervisor Quinn opened the public hearing at 7:44 p.m.
No one wished to speak; Supervisor Quinn closed the public hearing at 7:45 p.m.
Supervisor Quinn – “Next on the agenda is a public hearing on the proposed extension to Sewer District No. 9 called Glenview Gardens.”
Supervisor Quinn opened the public hearing at 7:46 p.m.
Travis Mitchell, Environmental Design Partnership – “I am here tonight representing the applicant, Belmonte Builders.
This is a sewer extension for a sixty lot sub-division approved by the Planning Board. It is located on Swaggertown Road, just south of the intersection of VanBuren Road. The project has been fully approved; the plan has been finalized by the Department of Health, Department of Environmental Conservation and the Town’s Department of Public Works.
Tonight we are here for the public hearing for the sewer district extension and what we have is a sixty lot subdivision that is located about one mile away from the existing sewer infrastructure on Route 50.
The project has been fully approved. The plan has been finalized by the Department of Health and Department of Environmental Conservation and the Town’s Public Works.
Tonight we are here for the public hearing on the sewer extension. We have a sixty lot sub-division that is located about a mile away from the existing sewer infrastructure on Route 50. We have worked with the Town over the last several years to develop the project. We have had a public information meeting with the neighbors along the routes over one year ago to discuss some of their concerns and develop our plans and our construction techniques to minimize the surface along that route.
There will be a gravity collection, sewer collection system within the sub-division with a pump station located in the south-east corner of the project. The pump station will be the source main for about 4,000 feet to the Oakhill neighborhood and then there will be a transition period to the gravity line which will extend out to Route 50.
We brought a gravity line into the Oakhill sub-division at Oakhill Drive and Ridgewood which will make it possible to bring service to any home in that area. As the gravity line is installed in that area the developer is going to install sewer laterals to the property lines of these homes.
Both the drainage district and the sewer district encompass the same area. It is the sub-division property and nothing additional. The storm water management system manages storm water that runs off roads and houses. There are four storm water management areas that will be constructed on the site. They will be constructed at the time of the roadways as they are built throughout the project. The road will be constructed and financed by the developer and dedicated to the town upon completion.
The sewer project and the drainage project are both financed by the developer.”
Anthony Bertino – “You said that you met with people along the route.”
Mr. Mitchell – “There was an informational meeting about 1 to 1½ years ago. There were two different routes that we were looking at, one was along Harlau Drive and the other was VanBuren Road. The residents were invited.”
Mr. Bertino –“I live on Oakhill and I don’t remember any meeting taking place.”
Mr. Mitchell – “Every resident was mailed a notice of this informational meeting.”
Mr. Bertino – “I guess what we are implying is that maybe a year and a half ago maybe some of us received a mailing but until tonight we just sort of happened upon this meeting accidentally. We didn’t realize the progress if any had been made along the way. To several of us it is a real surprise.
The other question that I have is that you mentioned gravity lines will be made available to all homes along the route through Oakhill and Ridgewood.”
Mr. Mitchell – “Along the route of the gravity main that is correct there will be service laterals that extend to the property line.”
Mr. Bertino – “What about the rest of Oakhill and Ridgewood which is shown in the green area on the map?”
Mr. Mitchell – “Because of the elevation of the sewer line on Route 50 the green area is not able to be served by gravity and is pressurized sewer.”
Mr. Bertino - “So what does that mean to people who are serviced by that part of the line?”
Mr. Mitchell – “Anyone that would like to connect to that portion of the line would have to pump the sewage into the line through a grinder pump system.”
Mr. Bertino – “That would be at who’s expense?”
Mr. Mitchell – “That would be at the expense of the individual homeowners.”
Supervisor Quinn – “If you are on an existing system you do not have to connect. If you choose to connect it is up to the resident to pay for and make the connection.”
Mr. Mitchell – “That is correct, the district extension is only for the sub-division property. The district extension does not include the route, so along that route you are not required to connect.”
Mr. Bertino – “Is there any plan in the future to have a local meeting to make the people aware who live on the oval itself about what their choices are?”
Mr. Mitchell - “At the meeting we held about a year to a year and a half ago we were looking for input from the residents. At this point the route has been decided on and I don’t believe there will be any additional meetings necessary.”
Supervisor Quinn – “If the citizens want an additional meeting, I am sure we could set up a work session but as you can see here this is the plan.”
James Carlton - “If we as residents choose not to connect to this new sewer system will we then be assessed with some kind of sewer line or maintenance if it’s declared a sewer district or will we never have to pay a nickel if we remain connected to our septic tanks?”
Mark Kestner – “What the Board can do, once this is constructed by the developer at his cost he’s going to turn these facilities over to the town for operation and maintenance. At that time the door could either deal either individually with people by contract and allow them to hook up or we hold an informational meeting for the people that have property that borders the sewer line and engage the interest to the formation of a sewer district that would encompass the people on Oakhill, Ridgewood and Mayfair Drive and based on that meeting we could decide whether the town would form the district and then you could actually put these grinder pumps in as part of a bonded project which would be financed over a number of
years rather than do it individually.”
Mr. Carlton – “But if we opt as an individual owner to not connect to the sewer line because there is no economic benefit to us, everything is happy the way it is.”
Mr. Kestner – “No charge to you.”
Mr. Carlton – “You mentioned both Oakhill and Ridgewood; are you going down both or are you going to select one and go down that?”
Mr. Mitchell – “The main line will be going down Oakhill and there will be a gravity line brought into Ridgewood and a smaller line to serve the residents along the back.”
Supervisor Quinn – “When this is constructed, it is constructed to the towns’ specifications. They are not going to build something and turn it over to the town without it meeting our specs, so there is a quality assurance piece in this to make sure that what ever is built, in this case it is water and drainage materials, but it is the same true with the road when the private developer builds a road and wants to turn it over to the town it has to meet the specs for the town.
The reason the people on this extension that is running out to Route 50, we have heard a lot about the rising water table in that neighborhood and therefore the opportunity, whether you signed up for this or not, the water table down there is rising, rising, rising so the families in the houses and the units down there are currently experiencing the table going up and staying up. (Mr. Mitchell and Mark Kestner both agreed with the Supervisor’s comments)”
No one else wished to speak; Supervisor Quinn closed the public hearing at 8:00 pm.
Supervisor Quinn opened the public hearing regarding the proposed drainage district no. 8 at 8:01 pm.
No one else wished to speak; Supervisor Quinn closed the public hearing at 8:02 pm.
Supervisor Quinn – “Item number 9 on the agenda is a public hearing to consider a zoning map amendment application by John and Patricia Pardi to change the zoning of 3441 Amsterdam Road from “Professional/Residential” to “Community Business”.”
Supervisor Quinn opened the public at 8:03 pm.
Arkley Mastro, Gordon, Siegel Law Firm – “I am here on behalf of the applicant, John and Patricia Pardi who applied for a change of zoning for one of two of their contiguous lots on Amsterdam Road.
They have two lots one of which houses the Clark Brown Furniture Company, which is the lot we’re seeking the zone change for. That has been a commercial establishment since the early 1950’s. It is currently zoned as a result of the December ’05 zoning update in the town as professional/residential. They also own the contiguous lot which is lot number 4 which is zoned community/business, which is what we are seeking to have the Clark Brown Furniture Business zoned to.
To give you a little history on the site the Clark Brown Furniture Company building was previously one of the Town of Glenville’s early schools. It was constructed in 1900, operated as a community school until 1949 when the school closed. It remained vacant for five years until 1954 when it opened as the Clark Brown Furniture Company. My clients purchased the business and the real estate in 1988 and have operated it as a furniture company continuously since then. As a result of December 2005 the zoning ordinance in the town they wound up with a split zoning. They have community/business, they have professional/residential and it’s just not consistent. They should be uniform since both lots are
used in connection with the business. They have been advised that should they decide in the future to sell the property they would have a difficult time selling it and that is our application today.
We don’t anticipate any new construction. We don’t anticipate any change in the use of the building. The traffic has been a pre-existing non-conforming use for many, many years so there won’t be any additional traffic change in the nature of the neighborhood or anything like that. We received a negative declaration from the GECC on the 26th of February this year indicating that there would be no negative environmental impact. We appeared before the Planning and Zoning Commission on the 12th of March this year and they passed a resolution recommending that this body change the zone to make it consistent and that is our request tonight.”
No one else wished to speak; Supervisor Quinn closed the public hearing at 8:05 pm.
Supervisor Quinn – “You will notice on the agenda that item numbers 9 and 10 have to do with the extension to the Alplaus Sewer District and the improvements to the existing Alplaus Sewer District No. 1. So what we are going to do is open both pieces of this discussion in one shot here.”
Supervisor Quinn opened the public hearing at 8:07 pm.
Barb Casey – “I come before you as the former President of the Association, Keith Abatto is taking over for me in that roll but I have been asked to continue to help with the sewer project.
Some of the questions that we have tonight are where we are with the location of pump stations for the extension and I am not sure where we are with hiring a value engineer if that is something you have decided for or against but I am curious about that as well and also for the existing district I am wondering where we are with a breakdown of the cost and the repairs that need to be done because I haven’t seen or heard anything about that at this point?
I do want to extend a thank you to the Board for the work that they have done and moving it forward. We feel like there is sense of progress in the air, we appreciate that and a special thanks to Supervisor Quinn for the work that he has done on our behalf with the legislatures in trying to secure possibly lower interest financing and to Val DiGiandomenico for her work with overseeing the Comptroller’s progress.
It is our understanding that we are looking for a July start and so I am also looking for whether we have some confirmation of that tonight?”
Mark Kestner – “The town presently has the right to occupy the pump station site where the existing treatment system is. We’ve spoken to the church regarding the pump station site and we have general agreement as to that particular site. The pump station site on Mohawk Avenue, we have had some discussions with the owner and we continue to discuss that site. We are somewhat apart on what they would like and what we are willing to offer on that site. They would like us to add capacity to the pump station to accommodate the project that they would like to build. We feel it is a much larger flow than we feel is proper for us to put in the station. I wouldn’t say we are close on that site. We talked to Niagara Mohawk on Hill Street and they don’t mind the access road to the pump station but we are speaking to the lady that owns the property directly adjacent to it and we have some shapes of the parcel that we discussed but we do not have a confirm commitment from
her at this point.”
Supervisor Quinn – “Value engineering, we have gone a couple of iterations with other engineers, right and we have got their input into the project. At this point as far as I know from our board we are not about to go out and hire value engineers because the input we got…for those of you who don’t know value engineering is getting independents to look at a project and give you their best thoughts on additions, deletions, changes, things that save money so you get an outsiders view besides what is going on in house. We have had several discussions with different value engineers and at this point statistically we are not seeing anything in anything over five figures or more is statistically significant.
The only thing that we have seen from our discussions us yes there is an alternative but the risks in the alternative of where to run some of the piping puts us right on the river and you well know besides the river going up and down it also freezes and if you have to pull maintenance on a sewer line that is under water number one by time of the year or number two by ice jam it is a pretty big risk.”
Mark Kestner – “That route along the river is something that we did look at. There is a possibility we could eliminate one pump station by the church but you would be in some individuals back yards and we had shown the line down by the river at the time the public works felt that that was not a desirable thing to do.
The issue on the break down of the costs is the decision was made to charge each of the residents in both the extension and the existing district and by contract between the Town of Glenville and Clifton Park, the residents that live in the Rivercrest Sewer District. There have been questions regarding what if the existing district proceeded ahead and built a pump station? We would then have to lay a force main from that location out through what we call the extension to Maple Avenue. Our thought is frankly the cost of construction is in digging the hole and the restoration. The gentleman that spoke early tonight about putting the grass back and the driveway and shrubbery etc. it’s not necessarily in the size or
the diameter of the pipe. You can change a 4” to a 6” pipe without radically changing the costs. The cost is in digging the hole and putting everything back. We felt there is a mutually beneficial relationship between the people in the existing district and the people in the new district. So if I were up here tonight and every dollar I take off or I give a break to the existing raises a dollar to the extension. We thought we would treat this as one project, everybody would pay the same, everybody would pay on the same basis and we felt that was fair.”
Barb Casey – “That was not the question. What repairs need to be done and when are we going to see breakdowns for what those are and how much they will cost?”
Mark Kestner – “We have allocated in the estimate of cost a sum of $45,000 to fix joints or cracks or leaks and do what we call infiltration and flow in the existing district and we also have an item for the $12,750 for doing manhole repair, which the town has already started to do.”
Councilwoman DiGiandomenico – “That work has been completed hasn’t it?”
Mark Kestner – “The manhole work has had some substantial parts completed and the town, as you know has purchased a camera and so we intend to use that to do some of the TV work and that will make the money for the sealing work go a lot further.”
Barb Casey – “Do things look good for that July time frame?”
Supervisor Quinn – “Because you, I, these people and those people have been through this before; does it look good? I don’t think you are going to get anybody up here to say but “Does it look good? Yes”. Don’t ask for the guarantee yet because we all know the contingencies that are still hanging out there. So does it look good, we would love to see that happen?”
Shelly Minahan - “Could you just go through those contingencies that you think might come into play?”
Mark Kestner – “What happens tonight is at the conclusion of the hearing the board passes a resolution and this is packaged in a book that goes to the Office of the State Comptroller. We have called the State Comptroller and asked her about how long this would take because she has looked at it once we were told it might be eight to ten weeks. There are eight projects ahead of us right now. We have asked her since this has been down for a previous review if she could bump this to the front of the line. We have not been promised that but I think we will be accommodated once we get it down there. That is totally out of our hands, that is a time line. The Comptroller is not required by law to act on
it at any particular speed but they have been good.
Then we have the issue of the contractor who was the low bidder on the project who has indicated that he will hold his bid through June that is not required legally to do that. That will be a function of what happens really to the price of oil between now and when ever we can get this to the point where we get the Comptroller authorization to award it. In the event the commodity prices stay relatively sane we can contract with him and move along quicker, if not we have to put the project back out to bid. Right now it looks like we are going to be able to deal with him and he is agreeable to start.
The contractor has no obligation right now. We can hold the bid for forty-five days which is long since passed, but we can extend that time. If you look at what has happened to the price of oil in the last thirty days, gasoline is back up and so we don’t have a control over that but he has indicated that he is willing to stay with us so far.”
Supervisor Quinn – “For those of you who aren’t aware there is also a contingency amount of money in this project for things like fluctuations and so forth. Unfortunately last time through the bidding drove us right through the contingency and over budget. This time we built another contingency in hopefully to deal with these outside influences that we can not control.”
Richard Flanders, representing the Alplaus Methodist Church – “In general the church is in favor of the sewer system and the pumping station on the property but we do have one question regarding the Rivercrest area. Our parsonage is on Rivercrest. I thought I understood it but you confused me a little bit when you were talking a few minutes ago regarding the extension and so on in the Rivercrest area. Could you explain that a little bit better to me, how is that going to affect the property owners in the Rivercrest area?”
Mark Kestner – “The Town of Glenville was approached in 1991 by the Town of Clifton Park to see if the Town would accept the sewage flow from the Rivercrest Sewer District in the Town of Clifton Park into the existing Alplaus Treatment Plant. The Town entered into a contract in 1991 the clause says that – Clifton Park shall pay Glenville and annual fee for connection to the Alplaus Sewer District. The annual fee shall be calculated by the same method and at the same rate as Glenville residents of the Alplaus Sewer District are charged to pay. So what people in Alplaus pay, people in Rivercrest pay.”
Mr. Flanders – “The rest of the question is we are already paying a sewer fee now is this an additional cost on top of that or is it going to be worked into that.?”
Mark Kestner – “It will be worked into it because you are already paying a treatment charge to the existing plant. That will get extinguished when that plant ceases operation but then you will pick up the debt service for the new system and then the treatment cost for the City of Schenectady. So the treatment is being done at the City of Schenectady Treatment Plant so you are going to substitute basically paying the town to operate the existing Alplaus Plant and yet there will be a charge through the City.”
Mr. Flanders – “How would we find out what that increase might be?” Who would we talk to to get more information on that?”
Mark Kestner – “We estimated at the present time $904 and $180 of it is what goes to Schenectady. That is based on a sixty thousand gallon a year water use at $3.00 a thousand which is what the contract is with the City. The Town of Glenville has a $50 a unit maintenance fee for units and the remainder is for debt service. Your total is $904 if you use sixty thousand gallons of water.”
Keith Abatto, current President of the Alplaus Residents Association – “I know it was mentioned that the Town was still looking to get special financing from Environmental Facilities Corp., could you give us an update on where that stands? Is that still possible in process?”
Supervisor Quinn – “We went after it. Part and parcel of our problem is while the Environmental Services, themselves, has access to new funds the number of people looking for those funds also went up.
Number two in this area is they rate all of these projects. They have a formula for rating the projects and our score in that rating system is so low, as we speak we don’t hit the threshold, we are under the threshold. If somebody cancels out, if something happens that we can document that we have got greater need for whatever reason, so right now we are under the threshold of where they are at.
We are pursuing a discussion can we access their bonding capacity, if we don’t benefit can we still use your name and tag our bond into yours and therefore get the benefit of parts of the percentage that we could save which would be significant in this dollar.”
Mr. Abatto – “The Glenridge School, have they officially signed on to this project; any idea what that might reduce the cost per homeowner going forward?”
Mark Kestner – “The Glencliff School we were going to assess that at twenty-five units and I think it was $84 that would be the reduction. They have written a letter expressing interest in doing it. I understand they want to tie into Rivercrest and I understand that Rivercrest wants a little money from the school too. So I don’t know the exact status of that aspect of it but we are ready to take them in and we would accept them.”
Mr. Abatto – “A follow up question, I assume it is one pool of money so if oil prices go up and the contractor’s bid either needs to go up or it needs to be re-bid; if there is an $84 reduction because of the school but the cost of the entire project goes up because of oil or whatever does the project still move forward if we are still under the $904 a year?”
Mr. Kestner – “We cannot spend more than the money contained in the resolutions, regardless of what the annual cost is. We can’t spend more than that amount, which is a fix.”
Mr. Abatto – “Is it the amount per homeowner per year or the total value of the project, which is the cap?”
Mr. Kestner – “You have to tell the Comptroller the total amount you are going to spend. The Comptroller also looks at the affordability of the community to pay for the bond and in that regard they look at a number of things; one is your medium household income which Alplaus has a fairly good medium household income, so I think we can pass that.”
Mr. Abatto – “I would like to ask the town to do everything in its power to start before the 4th of July. We have been at this since 1999; we had over seventy percent approval for the first petition. We had between sixty-four and sixty-five percent in 2004 and we have about the same back in February and that is while costs keep going up. So knowing that there is inflation in the economy I’m begging you to start as soon as possible and you are hearing it from me I don’t care about the 4th of July.”
Supervisor Quinn – “Rest assured we all have a vested interest in making this thing work, so where ever we can move we will move. We have got the restraints that we have all been talking about tonight but rest assured we don’t have any interest in going slower because we all know costs tend to be going up and slower doesn’t help anybody.”
Gray Watkins – “I see we have a public hearing for the formation of proposed extension no. 1, which I thought already happened.”
Eric Dickson – “It did and so far as the agenda says that it is a little inaccurate. It is a public hearing for an increase in the maximum amount to be spent for the formation, but it is an existing formatted district extension.”
Mr. Watkins – “I think we were trying to find member items, any action on that, have we heard anything on that?”
Supervisor Quinn – “The answer is while we put in to get in there and they are starting to release as we all see from the papers and everything else right? Senator Hugh Farley put in, Assemblyman James Tedisco put in, and Congressman Michael McNulty put in. As of today we have heard no comment yet. I don’t know and when we hear we will contact your President.”
Mr. Watkins – “A member item that’s dealing with a budget either this year but later then the project is awarded or contracts entered into or even next year could still be applied towards payment of infrastructure, debts, expenses…
Supervisor Quinn – “The answer is yes, as long as we keep under this budget cap.”
Tim Petta – “As part of this project has there been any inquiry into repairs that would be done in the Rivercrest District as part of this?”
Mr. Kestner – “No”
Mr. Petta – “Is there any intention to do so?”
Mr. Kestner – “No”
Mr. Petta – “What I heard is that there were plans on repairs in the existing Alplaus 1 that we are all going to participate in. I was wondering if there was any reciprocity here.”
Mr. Kestner – “Actually I don’t think the Town of Glenville can spend money outside of its corporate limits in the Town of Clifton Park. When we did take Rivercrest in there were issues with excess flows and what we did was we measured the flow coming into Alplaus and there were certain agreements in the document that addressed flow.”
Mr. Petta – I believe the concern I’m addressing is if say within a couple of years we find that we require some additional work where will the money come from?”
Supervisor Quinn – “It would have to come from Clifton Park.”
Mr. Petta – “Would it be taxed to our seventeen house district alone?”
Supervisor Quinn – “I don’t know, I can’t answer that one.”
Mr. Petta – What is the stability of the water treatment costs that have been sited in this $904? Could it change within one year or is it in place for five years?”
Mr. Kestner – “The City is a five year contract. The contract has escalation clauses based on the consumer price index so those are annual kind of things. There are certain notifications that need to be made by the City to terminate the Town or for the Town to terminate the City. There are certain sections that we are allowed to renew, we have to notify them but basically there are cost escalation clauses in the contract which is normal for electric and fuel. We are in the second of a five year contract.”
Mr. Petta – “If there was a 10% increase in the water treatment cost how does that influence this number that has been formulated, this $904. Does that cause it to jump 10%?”
Mr. Kestner – “No, it is $3 per thousand so if it went up 10% (estimated average home uses 60,000 gallons of water) at $3 per thousand if would be $180 so if it went up 10% it would be another $18 dollars. It does not bump the debt service and it does not automatically bump the towns cost.”
Barb Casey – “Does adding the school as an outside user does that subject the contract with Schenectady to re-negotiation before the end of the five year contract?”
Mr. Kestner – “No it doesn’t bump us but we need permission from the City to bring the school in because they are outside of the Town of Glenville.”
Ms. Casey – “So is it possible that they say we will bring them in only if we get to change your rate…
Mr. Kestner – “I don’t think so, no.”
Jon Rich – “I have got a concern after seven years of this moving along. I understand that we are in discussions with somebody with respect to the pump station on Mohawk Avenue. The concern I have is could this hold up the project? I would understand that we have an ultimate imminent domain issue if that is possible. Can we start on that so it doesn’t hold up the project?”
Eric Dickson – “We can start on it at anytime that somebody tells me that it is necessary. We will certainly keep that in mind. The imminent domain proceeding is fairly quick, it doesn’t take too long. The Town can get the property very quickly; the question of compensation for that property is put off.”
Bud Watson – “In regards to the pump station on Mohawk Avenue I would just like to ask the Board when the negotiation project starts that they monitor the process just for the fact that there has been a proposed of having condominiums or a development in that area just so they are not handcuffed into giving into the enlarged pump station. As a parent and with children on the street the living conditions right now; it is a historic area right now. If the imminent domain does come up in order to avoid it that the negotiations process does not somewhat get out of hand. I would hope that you would monitor that for us.”
No one else wished to speak; Supervisor Quinn closed the public hearing at 8:47 pm.
The following people spoke during privilege of the floor.
Chris Marotta – “A few issues I would like to address to the Town Council in my opinion the News Letter put out by the Town needs to strongly address the ordinance of number one, barking dogs; number two, leash law; number three cleaning up after ones dog. I would also like to see the Town Council consider a law against letting cats roam free. In regards to garage sales I would like to propose a possible fee for a permit to anyone wishing to hold a garage sale in keeping with the two times per year. This could possibly raise revenue. I would also like to see the town band the use of ATV’s, snowmobiles, go carts, dirt bikes and motorcycles on suburban residential lots. These are vehicles that
should be limited to the proper areas of use such as designated trails and tracks not in backyards. If at all possible I would like the town to take these issues into consideration and I would like a follow up discussion.”
No one else wished to speak; Supervisor Quinn closed the privilege of the floor.
SUPERVISOR’S COMMENTS
Supervisor Quinn reported the following information:
On the 22nd we met with the Alplaus Residents Association. Very interesting, very helpful, a give and take and we look forward to that.
On the 23rd we had a meeting right here with our staff and the value engineering people.
On the 29th I was over at the 109th and the Schenectady Military Affairs Council was having a conference about the deployment of the 109th. They are going to be deployed and for us in Glenville besides supporting any and all of our troops these happen to be right here in our backyard. What will happen is we should all be aware and we ask for people’s recognition and tolerance because they have to train to go on multiple kinds of missions. While the mission is classified they are going to either to Afghanistan and or Iraq and or both because they provide a logistics and support mission so to train properly for that two things will happen for all of us in town. They have to practice
approaches from multiply angles so while we have certain runways out here that face certain directions and they have been using a particular pattern for approaches and take offs they are going to be trying all kinds of approaches and take offs. They are going to be trying all kinds of approaches and take offs. If you hear a plane over your residence and you hadn’t heard one before it is part of the training. They will also be extending the hours of flight so you might see and hear aircraft at different times than you ever experienced before.
Today we had a meeting here with Delaware Engineering. Councilwoman DiGiandomenico, myself, our key staff and some key elected representatives from the Village met with Delaware Engineering to go over the analysis they have done as part of an on going project and it was an analysis of whether we should continue to provide all of this water and sewage over to Schenectady or what about having one that is right here either in Glenville or Scotia. What were the pros and cons, what were the feasibilities issues, what were potential issues and concerns? Now that we have the engineering report you will all receive one and they is a proposed meeting between our board and the Village Board what we normally have as our second work
session on Wednesday night the 25th. Do we want to proceed, if so under what conditions and if not, why not.”
Tomorrow our new Town Administrator, Tony Germano starts and we look forward to that.
I ask if you would give me your input for the goals. We have goals for 2007 and it is time for us to update those. So any and all changes, additions, deletions including if you have no changes let me know because that is a piece we are putting together not only for setting performance outcomes but if we need to adjust and align allocation of people, equipment, money and time this is a barometer for us to use that.
Let me know; you know there was a proposal for us to upgrade this audio visual for here and for all of our committees and commissions. We postponed that at the time and the vendor wants to know if we would like to reschedule that for some work session.
On May 5th we will have the formal grand opening of our playground up at Indian Meadows Park. All of our equipment is in so there will be some sprucing up done for our official grand opening.
Our Park Planning Commission wants to present to the Board at a work session on April 11th on where they are at and where they are trying to go.”
Supervisor Quinn moved ahead with the agenda
RESOLUTION NO. 97-2007
Moved by: Councilman Bailey
Seconded by: Councilwoman DiGiandomenico
INCREASE OF THE MAXIMUM AMOUNT TO BE EXPENDED FOR
EXTENSION NO. 1 OF ALPLAUS SEWER DISTRICT NO. 1
WHEREAS, a written petition has been filed with the Town Clerk of the Town of Glenville and duly presented to the Town Board of the Town of Glenville, requesting an increase of the maximum amount to be expended for the establishment of Extension No. 1 to Alplaus Sewer District No. 1., Town of Glenville, County of Schenectady, State of New York.
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 24, 2007, 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 22, 2007; and
WHEREAS, a public hearing was held, pursuant to Resolution No. 86-2007, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, new York, on April 4, 2007 at 7:30 in the evening, and all persons interested in said petition were heard and proof having been presented concerning the same; and
WHEREAS, the Attorney for 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 was accompanied by a Map, Plan and Report prepared by Kestner Engineers, P.C., dated July, 2003 and revised November 3, 2006, which shows the boundaries of the extension and a general plan of the proposed sewer system to be constructed, including pump stations, all outlets and the terminus, course and profile of each proposed main sewer; and
WHEREAS, said capital project has previously been determined to have no significant environmental impact pursuant to the State Environmental Quality Act; 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 increase in the maximum amount to be expended in establishing the district extension.
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 Extension No. 1 of Alplaus Sewer District No. 1 are benefited by the proposed increased expenditure; 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 by the proposed increase of the maximum amount to be expended in establishing the district extension are included within the limits of the extension No. 1 and that no property or property owners or interested persons benefited by the proposed increase in expenditures have been excluded therefrom; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Glenville hereby finds and determines that the increase in the maximum amount to be expended for the establishment of extension No. 1 to Alplaus Sewer District No.1, 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 increase in the maximum amount to be expended in establishing Extension No. 1 to 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 increase in the maximum amount to be expended in establishing Extension No. 1 to Alplaus Sewer District No. 1; and
BE IT FURTHER RESOLVED, that the maximum amount to be expended for the improvements in establishing extension No. 1 to Alplaus Sewer District No. 1 is $1,893,369.00, an increase of $426,903.00 from the original authorization of $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 believes 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; and
BE IT FURTHER RESOLVED, that the Town Supervisor be and hereby is directed to execute said Application on behalf of the Town Board.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 98-2007
Moved by: Councilman Bailey
Seconded by: Councilman Rosenberg
PUBLIC INTEREST ORDER IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ALPLAUS SEWER DISTRICT
WHEREAS, the Town Board of the Town of Glenville, New York (the “Town”), has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Town Law §202-b, relating to the increase and improvement of the facilities of the Alplaus Sewer District No. 1 (the “District”) in the Town, consisting of the construction of pumping stations, including furnishings, equipment, machinery and apparatus incidental thereto, and eliminating existing wastewater treatment facilities and connecting proposed facilities to Sewer District No. 9 for conveyance of wastewater to the City of Schenectady for treatment and disposal; and
WHEREAS, this Town Board previously authorized the proposed improvements at an estimated cost of $713,534.00 and it is now estimated that the maximum cost of these improvements will be $921,631.00, an increase of $208,097.00; and
WHEREAS, at a meeting of the Town Board duly called and held on march 21, 2007, an order was duly adopted by it and entered in the minutes specifying the Town Board would meet to consider the increase and improvement of the facilities of the District in the Town at a maximum estimated cost of $921,631.00; and
WHEREAS, the Alplaus Sewer District No. 1 is a party to an inter-municipal agreement with the Rivercrest Sewer District of the Town of Clifton Park under the terms of which Rivercrest residents are assessed and charged on an equal basis with Alplaus Sewer District residents, so that the cost to be assessed to Alplaus Sewer District properties is not expected to exceed $729,648.00, with Rivercrest Sewer District properties assessed the remaining $191,983.00; 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 24, 2007, 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 22, 2007; and
WHEREAS, a public hearing was held, pursuant to Resolution No. 87-2007, at the Glenville Municipal Center at 18 Glenridge Road, Glenville, New York, on April 4, 2007 at 7:30 in the evening, and all persons interested in said rehabilitation and improvement of the Sewer District were heard and proof having been presented concerning the same; 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; and
WHEREAS, said capital project has previously been determined to have no significant environmental impact pursuant to the State Environmental Quality Review Act.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville hereby finds and determines that the improvements and expenditure are 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 Map, Plan and Report submitted by Kestner Engineers, P.C., dated July 2003 and revised November 3, 2006; 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 $921,631.00.
NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Glenville as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the improvement, to increase and improve the facilities of the District in the Town, consisting of the construction of pumping stations, including furnishings, equipment, machinery and apparatus incidental thereto and eliminating existing wastewater treatment facilities and connecting proposed facilities to Sewer District No. 9 for conveyance of wastewater to the City of Schenectady for treatment and disposal, at a maximum estimated cost of $921,631.00.
Section 2. This order shall take effect immediately.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 99-2007
Moved by: Councilman Bailey
Seconded by: Councilwoman DiGiandomenico
WHEREAS, the Glenville Department of Public Works have several pieces of equipment that have been replace or declared unusable; and
WHEREAS, the Town has the opportunity to participate in the Annual Countywide Auction to sell said equipment for best price; and
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby declares the following equipment surplus and authorized the Commissioner of Public Works to sell for market value or best price;
1989 Mack DM6 Vin#1M2B183C4KW005109
1982 Ford F700 Vin#1FDPF70H6CVA01023
1975 Rosco 2 Ton Roller Vin# 20773
1968 Leaf Loader
Trailer Mounted Jetter Model FMC
1986 2020 Highway Spreader
1995 Ford F250 Vin# 2FTHF26H0SCA10906
1999 6.5’ Ford Pick Up Box and fiberglass cap
Snapper Walkbehind 26” Mower 6 speed Hi-Wheel
[4x] 2T Gorman Rupp Pumps with electric motors
Parkard Bell 56X Multimedia Printer
Lexmark 2030 Color Jet Printer
Casio PCR-255p Electro Cash Register
[4x] GE Two-Way Portable Radio with chargers
Polaroid Camera
[13x] Control Panel for Sewer Pumps
[3x] 60 amp GE Heavyduty Stainless Steel Switch Boxes
[2x] 30 amp GE Heavyduty Stainless Steel Switch Boxes
[4x] Simplex Control Panels 208 Volt 3 Phase Fiberglass boxes
Pump Control Panel Fiberglass
Aerator Control Panel Fiberglass
Phase Protector Relays Fiberglass Panel Box
Fiberglass Control Panel
3” CHE Diaphragm Pump Model #5303W, Serial #5303P20T0
ONAN Portable Generator, Serial #H780349209
1995 Chevy Cavalier Vin#1G1JC5243S7105093
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstention: None
Motion Carried
RESOLUTION NO. 100-2007
Moved by: Councilman Rosenberg
Seconded by: Councilwoman DiGiandomenico
WHEREAS, the Town of Glenville is in the process of preparing a master plan for redevelopment of the Scotia-Glenville Industrial Park area; and
WHEREAS, this project is considered a Type I Action in accordance with 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}); and
WHEREAS, as the agency responsible for undertaking this project, the Town oversaw the SEQRA Lead Agency Coordination process; and
WHEREAS, during the 30-day lead agency coordination process, which concluded on March 20, 2007, none of the other involved agencies raised objections to the Glenville Town Board assuming SEQRA Lead Agency for this action;
NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby assumes SEQRA Lead Agency for preparation and review of the Scotia-Glenville Industrial Park Area Master Plan.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 101-2007
Moved by: Councilman Rosenberg
Seconded by: Councilman Bailey
WHEREAS, the Town of Glenville is in the process of preparing a master plan for redevelopment of the Scotia-Glenville Industrial Park area; and
WHEREAS, this project is considered a Type I 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;
NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that preparation of a master plan for redevelopment of the Scotia-Glenville Industrial Park area could result in a significant adverse environmental impact, consequently, the Town Board hereby issues a “Positive Declaration;” and
BE IT FURTHER RESOLVED, that the reasons supporting this determination are as follows:
· There are potential land use impacts associated with this action (i.e. phasing of construction, expanded parking, compatibility with neighboring land uses, expansion and/or identification of brownfields, etc.).
· Potential transportation system and neighborhood impacts from increased traffic levels.
· Possible cultural resource impacts; specifically, visual impacts on historic areas associated with new construction.
· Potential impacts on visual resources from new structures.
· Potential water quality and storm water impacts from the narrow contamination plumes on the site and the addition of impervious surfaces within the study area.
· Possible impacts on utilities as a result of increased water usage and wastewater generation in association with new development.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 102-2007
Moved by: Councilman Rosenberg
Seconded by: Councilwoman DiGiandomenico
WHEREAS, the Great Flats Aquifer supplies high quality drinking water to over 150,000 Schenectady County residents, including over 20,000 residents in the Town of Glenville; and
WHEREAS, the provisions of the New York State Public Health Law that authorize the imposition of penalties upon persons who violate regulations pertaining to the contamination of public water supplies have not been amended in many years; and
WHEREAS, the current law, which provides for a fine of up to $200 per violation for persons who contaminate public water supplies, does not adequately deter would-be polluters from contaminating drinking water supplies; and
WHEREAS, Assemblyman Paul Tonko and Senator Hugh Farley have both introduced legislation that would increase the penalties for persons found to have violated regulations pertaining to the contamination of public water supplies; and
WHEREAS, said draft legislation was introduced in the Senate on January 11, 2007 (Assembly Bill # 2057 and Senate Bill # 902);
NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby urges the New York State Legislature to approve Assembly Bill 2057 and Senate Bill 902; and
BE IT FURTHER RESOLVED, that the Clerk of the Glenville Town Board shall send a certified copy of this resolution to Senator Hugh T. Farley, Assemblyman James Tedisco, and Assemblyman Paul Tonko, as well as the Albany Legislative Offices of the Speaker of the Assembly and Majority Leader of the Senate.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 103-2007
Moved by: Councilwoman DiGiandomenico
Seconded by: Councilman Bailey
WHEREAS, the Town of Glenville received a grant in 1995 for an Inventory and Planning Project, and
WHEREAS, in order to accomplish such a project, the grant established part-time positions for Inventory Clerks, and
WHEREAS, in order to maintain the destruction of obsolete records per "Records Retention and Disposition Schedule" published by the State of New York, and
WHEREAS, all 2006 departmental records, files, reports and other miscellaneous material must be indexed and filed within the archives of the municipality,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby reappoints the following individual as a Part-time Clerk,
Joan Spencer Szablewski
88 Skyway Drive
Glenville, NY 12302
NOW BE IT FURTHER RESOLVED, that she be paid at an hourly rate of ten dollars and fifty cents ($10.50), not to exceed seventy-five (75) hours, without any benefits, to be taken from budgeted account 01.00.1410.1000.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 104-2007
Moved by: Councilman Bailey
Seconded by: Councilman Rosenberg
WHEREAS, there exist several openings on the Park Planning Commission, which serves to advise the Town Board on matters relating to the town’s parks; and
WHEREAS, the Park Planning Commission recommends that Steven Kingsley be appointed to the commission,
NOW, THEREFORE, BE IT RESOLVED, that Steven Kingsley, 2814 Washout Rd., is hereby appointed as a member of the Town of Glenville Park Planning Commission for a term from 4/4/07 – 12/31/07; and
BE IT FURTHER RESOLVED, that the Town Board expresses their appreciation to Mr. Kingsley for his volunteerism to the town and its parks.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
RESOLUTION NO. 105-2007
Moved by: Councilwoman DiGiandomenico
Seconded by: Councilman Rosenberg
BE IT RESOLVED, that the minutes of the regular meetings held on March 7 and March 21, 2007 be and they hereby are approved and accepted as entered.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstentions: None
Motion Carried
New Business:
Councilman Rosenberg – “If we could add to our next work session and possibly an update from yourself as far as the collaboration efforts that we started well over a year ago with the Village. It sort of dead-ended. I know we talked about once they got their new administration in place, but now it is April. I would like to get an update about where they are with it and maybe we could all talk about restarting it.”
RESOLUTION NO. 106-2007
Moved by: Councilman Bailey
Seconded by: Councilman Rosenberg
BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss personnel matters.
Ayes: Councilmen Rosenberg, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: Councilman Quinn
Abstention: None
Motion Carried
Supervisor Quinn adjourned this portion of the meeting at 9:10 p.m. and entered into Executive Session to discuss personnel matters.
Time being 10:45 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 10:46 PM.
ATTEST:
______________________________
Linda C. Neals
Town Clerk
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