Town of Glenville - Town Board Meeting Minutes 11/19/08

Town Board Meeting Minutes 11/19/08

REGULAR MEETING OF THE TOWN BOARD

TOWN OF GLENVILLE

NOVEMBER 19, 2008

AT THE GLENVILLE MUNICIPAL CENTER

18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

Present: Supervisor Frank X. Quinn, Councilmen Edward F. Rosenberg, Mark A. Quinn, Christopher A. Koetzle and Councilwoman Valerie M. DiGiandomenico

Absent: None

Supervisor Quinn called the meeting to order at 7:30 PM; 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.

Town Council Reports

Councilwoman DiGiandomenico – “Our televised meetings on Channel 16 are one month behind so we are trying to correct this.”

Councilman Quinn – “In our parks arena, I have a touching announcement, one of our residents, a gentleman by the name of Bob Berrian noticed after years of parking near the Indian Meadows Park building that the American Flag flying out front there was torn and faded. Mr. Berrian has graciously donated a 4x6 nylon flag that he recently purchased. The only thing that he asked in return was that we dedicate this flag to his father Robert Berrian, a deceased Korean War Veteran and a Joseph E. Sarnowski also a deceased Korean War Veteran. On behalf of the Town of Glenville I would just like to extend our thanks to Mr. Berrian for his gracious and patriot act.

Secondly in regard to the Traffic Safety Committee we met last week and among the many items we discussed the installation of additional stop signs in the Berkley Square/Cumberland Place neighborhood. Apparently the number of children in the neighborhood has increased dramatically and the current traffic flow and speed has necessitated greater concern and study. While our traffic engineer, Tom Melander continues to analyze data in this area we have begun the process and it will end up on our desks after a subsequent public hearing.”

Councilman Koetzle – “Just a few updates; regarding the Alplaus Sewer, everybody should be hooked up by the end of the month. There was a short delay waiting for Verizon to hook up wiring so that our alarms would be ready in case there was a mal-function. I think most residents appreciate the fact that we would be notified if there was a back up in the sewer system before we hooked up.

The proposed Woodcrest Sewer extension is on hold because the residents are looking for a more affordable option which would require a new petition and that is being done at this time. Once that is done they can move forward with that work.

The leaf program; the Highway Department is currently picking up in Zone 2 and they should start Zone 3 by next week and finish the first pass of the entire town within three weeks. They plan to start a second trip after that, weather permitting.

On a related note I received some very bad news from the Commissioner of Public Works that County Waste has informed him that as of November 28^th they will no longer be picking up bagged leaves or brush permanently. They will not restart the program in the spring; this is being done across their entire market not just here in Glenville. The cost apparently is just getting to be too much for County Waste. That really puts our residents as well as other residents in neighboring towns in a bad spot. There will be no way to get rid of your grass clippings, your leafs, your brush so Rick LeClair has been working with County Waste with some out of the box thinking and some new ideas. I am confident that we will have a solution to this problem.”

Supervisor Quinn – “We have one add on resolution tonight regarding establishing a public hearing.”

Privilege of the Floor:

Richard Dicresce, resident – Mr. Dicresce spoke regarding his used car lot which was located on the property where Lowe’s is being constructed. He informed the Board that he wanted to keep discussions opened on all options of still being able to do business here in the town.

Karen Clay, resident – Ms. Clay stated that she is a business owner and would like to bring 180 jobs to the Town of Glenville along with two other corporations. She has researched different locations and spoke with the Town’s Building Inspector. She stated that when she finds a potential site she is told that there may be a problem due to the fact that you house abused men.

She continued by referring to Mr. Dicresce’s situation and stated that she is afraid that the Town would mistreat her as well.

Mary Jane Culver, Schenectady resident – She spoke on behalf of Richard Dicresce. She said that she doesn’t know where the town board is with this situation, she stated that she attended the meeting to support him.

Jill Tietz, Schenectady resident – Ms. Tietz attended the meeting to support Rick Dicresce. She stated that she hopes that he will be able to open up his business soon.

Councilman Koetzle – “I would like to inform those in attendance tonight that there is an add-on resolution tonight that deals with this very issue. There will be some discussion later on tonight regarding this issue.”

Dan Carlton, Salisbury Chevrolet – Mr. Carlton stated that he respects what the Board does and that some of the decisions the Board has to make are not easy ones.

He stated that he supports Mr. Dicresce and feels that he is an important part of the community and has been for many years. He feels that some things have been handled wrong in this case and some things were handled right. He commended Councilman Koetzle for his part in this situation. He requested that all Board Members consider the add-on resolution tonight. He feels that this resolution is best for Mr. Dicresce and the town as well. He stated that this would open up a lot of different avenues that the town has discussed they want to explore with their expansion in the future. He feels that this would also protect those that are currently in our community that are deserving of staying in the community.

He asked that the Board members strongly consider this resolution.

Supervisor Quinn – “I would like to share a couple of things with you regarding this topic. There is an ongoing discussion that is taking place. A piece of the discussion is the resolution that we all saw tonight for the first time about setting up a public hearing. It is establishing a public hearing about zoning itself that would apply to this particular situation. So we have a resolution to set up a public hearing, next month, on zoning of which Mr. Dicresce and or anybody else would be impacted by.

The frame work is, is there a discussion going, yes. Is it on going, yes? Nobody can promise anything until we see and hear what has been proposed or what the pros and cons of what is to be discussed at that hearing. It is about a policy that affects all of us not just his individual case. Assuming that this resolution passes we will set a public hearing and proceed from there. In the meantime the policies and procedures in place take place so we are all following the law. All of us up here take oaths to support the Constitution and the laws of the Town and that is what we are doing.

Now is the opportunity for any and all of you who would like to share your thoughts and ideas about the town budget. We turned in in September by law the Tentative Budget, in the interim we had a series of work shops and by law we have to come up with what is called the Preliminary Budget that modified the Tentative Budget. We have to vote the Final Budget by today.

There is a resolution here to amend the Preliminary Budget and to move the amount of the potential from the Preliminary Budget of about 10% down to 7.4%, down maybe even further depending on these resolutions tonight to amend and then actually pass the Final Budget.”

John Toftegaard, resident – Mr. Toftegaard stated that he just wants to make sure that everyone gives thorough thought on increasing the taxes. He believes that the people in the town are taxed high. He is concerned about when he retires. He is also afraid that the value on his property is going to decrease because of the taxes. He stated that the people in Glenville are asking for cut backs. Now is the time to consider doing away with whatever luxuries we have.

Ed Capovani, resident – Mr. Capovani stated that he has lived in Schenectady County his whole life and Glenville for 30 some years. He stated that he operates a small business in the town. He stated that everyone is making cuts and he feels that the town should be doing the same. Mr. Capovani expressed that any tax increase is unacceptable. He stated that he would like to see the board make cuts and give him less service.

Scott Bryson, resident – Mr. Bryson stated that a tax rate of any kind would be irresponsible and would be the end of your career the next election. He continued by saying that many of us pay 50% of our health care or more. He stated that 70% of the tax money goes to support pay and benefits. He asked the board to vote a 0% tax increase.

Gino Sangiovanni, resident – Mr. Sangiovanni agreed with the two previous gentlemen that spoke. He stated that he has seen the taxes go up and up and up in Glenville.

Doreen Wright, resident – Ms. Wright stated that the tax increase should not be higher than the cost of living of approximately 2%. She said that families have to cut costs and as a town we should be able to do the same. She spoke regarding collaboration, merging our towns and village and city programs creating stronger and more successful programs that are more cost effective. She asked the Board to carefully discern a realistic tax proposal for our beautiful community.

Bob Geebo, resident – Mr. Geebo proposed a challenge: don’t approve this budget; approve a budget that cuts taxes by 10%, that cuts spending by 10%. He stated that we must decide the following – I want, I need and I must have. He gave some statistics regarding the economy and made a few suggestions to save money. He suggested to cut the hours of operation at the Town Hall from five days a week to two and one-half days a week, reduce the Town Hall employees to less than half time, contact all suppliers for the town – any supplier that can not reduce their costs to us by 10% will be removed from the supplier in the future. He made comments on how many men are needed in a plow truck, plowing on the week end. He stated it has to be pay cuts or head cuts.

Tom Coppola, resident and highway worker – He stated that he understands that nobody wants to pay higher taxes. He continued to explain that the services that the highway provides for the town are essential services. Mr. Coppola said that if the services were taken away the residents would feel the impact. He explained that the police department, the highway department, the water department make the infrastructure grow which makes this town bigger, which will make more taxes for the town lowering ours in the future. He stated that the workers try to do their best with what they have. He said that we need to work as a community and make this community better for everyone.

Alan Holet, resident – Mr. Holet was concerned about the number of town residents that live on fixed incomes and how is this going to affect them. He asked what happened to the consolidation efforts between Glenville and Scotia. Mr. Holet stated that he would like the board to rethink having a tax increase.

John Gaetani, resident – He stated that the town should get rid of the town administrator’s position. He would also like to see consolidation with Scotia and the County.

Dave Gallop, resident – He praised the board for their hard work on the budget and asked where all of these residents were when the board was working on the budget. He feels that the board needs to start a citizens committee to help work on the town budget for next year. He told the residents that were present that they need to get involved earlier in the process and not come at the eleventh hour and complain that the taxes are going up.

Alan Boulant, resident and business owner – Mr. Boulant stated that he is looking at cutting expenses in his business. He stated that the town must have growth to increase the tax base and long with the growth increase comes infrastructure whether it is new or repair existing and that costs money. He is a big proponent of public safety and he stated that there is going to be more need for public safety. He stated that as a community we have to not look at today but at a five year business plan. He disagrees with the suggestions to not raise taxes and further stated that that would force the town to eliminate positions and we can not afford to do that. He feels that the proposed tax increase is worth it but stated that we need to look to the future. He said that we need to make sure that the community is safe and we don’t make cuts without making sure that we have the efficiencies and find new ways to create new revenue and over react and do something that is going to hurt us in the long run.

Dan Carlton – Mr. Carlton stated that he did not understand why we have to do without and still have a tax increase. He further stated that we all have had to cut back on things. He commented that money could be saved in areas that I think have not been looked at.

Supervisor’s Comments:

Supervisor Quinn shared the following information:

November 6^th – I attended the meeting of the City, Town & County regarding the dispatch issue. They are putting in for a grant for the personnel implications of putting this all together as well as some other details on the operational piece of this, how it is going to be conducted.

November 11^th – I attended the Veterans Memorial Service down by the Thomas Corners Fire Department.

November 13^th – I attended a presentation at the Rockefeller Institute where they had from the Federal Government the Economic Advisory representatives that are the economists. They were all speaking about the future; they said the dip we see right now (stock market, job loss) is the beginning of the dip. They are saying that the dip will get much deeper. They said we are looking at two to three years.

November 18^th – I was talking with Joe Ryan at the County Highway Department about are there any opportunities or not for more shared services with the ongoing budget items.

November 19^th – I attended the Schenectady County Economic Development Corp. meeting, which is deals with the Empire Zone, to review applications they have received from business that are looking for Empire Zone benefits for construction and additions to their properties.

November 20^th – The Town of Ballston Supervisor will be here. We will discuss the contract we have with them regarding the purchase of water.

November 25^th – The Local Government Council meets and the primary subject is what are the implications of AMD.

Supervisor Quinn moved ahead with the agenda items.

RESOLUTION NO. 176-2008

Moved by: Councilman Koetzle

Seconded by: Councilman Quinn

A RESOLUTION adopting the assessment roll for Water District No. 11 of the Town of Glenville, Schenectady County, New York and the assessment roll for Extensions No. 1 through 35 of said Water District.

WHEREAS, on November 5, 2008 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Water District No. 11 of the Town of Glenville and Extensions Nos. 1 through 35 of said Water District; and

WHEREAS, assessment rolls have been prepared by the Water Commissioners of Water District No. 11, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Water District; and

WHEREAS, said assessment rolls were completed and filed in the office of the Town Clerk of said Town on June 1, 2008; and

WHEREAS, due notice of the completion of said assessment rolls and of the time and place when and where this Town Board would meet to hear and to consider any objections that might be made to said rolls was duly given by the Town Clerk by the publication of due notice thereof in The Daily Gazette, a newspaper published in the County of Schenectady and circulated in the Town of Glenville, and this Town Board duly met at the time and place specified and a hearing was duly had upon said assessment rolls,

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

SECTION 1. Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

SECTION 2. This resolution takes effect immediately.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 177-2008

Moved by: Councilman Koetzle

Seconded by: Councilwoman DiGiandomenico

A RESOLUTION adopting the assessment roll for Sewer District No. 9 of the Town of Glenville, Schenectady County, New York.

WHEREAS, on November 5, 2008 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Sewer District No. 9 of the Town of Glenville; and

WHEREAS, assessment rolls have been prepared by the Sewer Commissioners of Sewer District No. 9, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Sewer District; and

WHEREAS, said assessment rolls were completed and filed in the office of the Town Clerk of said Town on June 1, 2008; and

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

SECTION 1. Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

SECTION 2. This resolution takes effect immediately.

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

Noes: Noon

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 178-2008

Moved by: Councilman Koetzle

Seconded by: Councilwoman DiGiandomenico

A RESOLUTION adopting the assessment roll for the Acorn Drive Sewer and Woodhaven Sewer Waste Treatment Plant of the Town of Glenville, Schenectady County, New York.

WHEREAS, on November 5, 2008 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Acorn Drive Sewer and Woodhaven Sewer Waste Treatment Plant of the Town of Glenville; and

WHEREAS, an assessment roll has been prepared by the Sewer Commissioners of the Acorn Drive Sewer and Woodhaven Sewer Waste Treatment Plant, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Waste Treatment Plant; and

WHEREAS, said assessment roll was completed and filed in the office of the Town Clerk of said Town on June 1, 2008; and

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

SECTION 1. Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

SECTION 2. This resolution takes effect immediately.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 179-2008

Moved by: Councilman Koetzle

Seconded by: Councilwoman DiGiandomenico

A RESOLUTION adopting the assessment roll for Alplaus Sewer District No. 1 and Extension No. 1 of the Town of Glenville, Schenectady County, New York.

WHEREAS, on November 5, 2008 the Town Board of the Town of Glenville adopted a preliminary capital expense budget for Alplaus Sewer District No. 1 and Extension No. 1 of the Town of Glenville; and

WHEREAS, assessment rolls have been prepared by the Sewer Commissioners of Alplaus Sewer District No. 1, Town of Glenville, Schenectady County, New York based upon said preliminary capital expense budget for and in connection with said Sewer District; and

WHEREAS, said assessment rolls were completed and filed in the office of the Town Clerk of said Town on June 1, 2008; and

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF GLENVILLE, NEW YORK:

SECTION 1. Said assessment rolls are hereby approved, affirmed and adopted by the Town Board.

SECTION 2. This resolution takes effect immediately.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

Supervisor Quinn – “Now we come to the resolution for amending the Preliminary Budget. The Preliminary Budget that was filed with the Town Clerk on November 15^th is before us for any additions, changes or deletions.

If the Preliminary Budget is not adjusted tonight and it doesn’t get the votes then the Preliminary Budget by law becomes the Town’s Final Budget for next year.

Do we have a motion to amend the Preliminary Budget –?

Moved by Councilman Koetzle, Seconded by Councilman Quinn

Discussion…

Councilman Koetzle – “This budget would raise taxes for town outside, $21.50 per year. We had a previous budget that was referenced here tonight that had a 2.9 – 3% tax increase. What would that in a dollar amount be? So essentially the levy difference between what we are looking at tonight and what the Supervisor proposed originally is $10.00 per year, per house. (for the average house) So essentially the choice between cutting 13½ positions out of the budget that would seriously undermine services as opposed to putting those services back and pay an extra $10.00 per year is what we are debating here tonight.”

Councilwoman DiGiandomenico – “That amounts to 5.9¢ per day.”

Councilman Rosenberg – “I don’t agree with what you said because there was a whole bunch of other things that are different…

Councilman Koetzle – “I am asking a question, that’s all.

So, yes there is a $10.00 difference between the two budgets, one cutting 13½ positions the other restoring those positions, the bottom line.”

Supervisor Quinn – “Let’s make sure that we are talking about the same bottom line. The question was asked about the town outside; we are responsible for all three funds, general, town outside and highway where the positions are across the board. By way of summary we are saying that if these amendments, the ones we all have in front of us, go through across all three if somebody had the average home of $173,000 the increase would be $20.00. The personnel cuts are across two of the three funds.”

Councilman Rosenberg – “There are some other differences that I can identify pretty quick. In order to get to that 4.9% there has been some major changes in the fund balance, one of the changes is the sales tax revenue has been increased $57,000 for a projection for next year compared to next year and the economy isn’t getting any better. I don’t know where this other $57,000 in revenue came from.

What I see with this proposed final tonight the fund balance has been dropped down to 1 million approximately, when the State Comptroller recommends that we go between 10 & 20% of our budget, minimum 10% would be l.l54 million, which means we are about $154,000 short in our savings account. My fear here is that we are doing this just to propose to the public that we are reducing your tax levy but we are spending the fund balance to get there.”

Councilwoman DiGiandomenico – “I would also like to point out that every year we go through this and on January 1^st we suddenly discover we have a fund balance reserve of…last year we were quoted .9 million at the budget meeting and we had a fund balance reserve of 2.2 million. We are of course this year ahead of our revenue by $500,000 plus and behind on expenses of $150,000. Since we do not have a year ending balance I really believe and I am confident that the reserve fund balance as of January 1^st will greatly exceed the 1 million that is projected now.”

Councilman Quinn – “I agree, we are well ahead, double digits at a percentage in revenue this year. We are also double digits behind in expenditures we have been very disciplined in terms of this budget up to this point.

I have heard a lot of people talk about the fund balance tonight, don’t dare touch the fund balance, a town this size I think still having a million dollars in a fund balance is more than sufficient to deal with any kind of emergency that might arise.

I agree with Mr. Gaetani, this is your money folks except the fund balance. A rainy day fund but right now it is pouring, if we can give some of that money back to you to decrease the tax increase that is precisely what we should responsibly do.”

Councilman Koetzle – “I would like to second Councilman Quinn’s comments. We have to remember this fund balance is a representation of what you the people were over taxed, it’s not the Town’s money. That’s the mind set that we have to get back into, this is not the Town’s money; this is your money. Now I hear people saying that they need help, this is a way to help you; this is a way to put that money back in your pocket. The Comptroller recommends a casual recommendation of 10%, anything over that the Comptroller starts to get a little worried about because he doesn’t approve towns hording cash. It makes sense, we shouldn’t be holding onto your money. This helps us get to giving you a lower tax increase and a $10.00 difference between the Supervisor’s proposal and ours. It gets us there while preserving your snowplowing, your public safety, your leave pick up and all the other services that this town provides you. It also gives us an opportunity as Mr. Boulant mentioned, to help invest in our infrastructure so we can attract more business because the only way out of this mess and not cutting jobs, is bringing more businesses into this town to share the tax burden with you the residents and that is what we need to do. Please remember this is your money that we are giving back to you. It isn’t the town’s money and we shouldn’t be sitting here hording it.”

Supervisor Quinn – “I would like to add to the discussion at this point a couple of thoughts.

The system we used last year seems to have worked this year. We used the similar and same conservative process to get to the tentative budget as well as the preliminary and so forth. When I put the budget together and where I am tonight on the comments… no way, no way will I project that the revenues for this coming year, nobody is projecting increased revenues for a public body for the coming year and depending on the economist two or three years. We know expenses are going up, if 70% of our budget is pay and benefits and we keep the same pay and benefits and continue to work the way that we’ve worked and not increase productivity name me two companies that are doing that in this day and age. So we are looking at increased expenses for the coming year, health care is going to go up and we are not sure where revenue is and what the proposal is, is to spend more of the fund balance. This is a democracy and we don’t all think alike and we all use numbers accordingly. I am arguing that you don’t take your savings account down any more than you need to this year because we are really going to eat it next year. We are looking at increased expenses next year above and beyond this years expenses given what we have got on our plate. There is no question that it’s your money, the fund balance is your money. We also have unanticipated expenses during the year. When we get our bond ratings when we drop bonds for different things, like communication systems they look at what’s in your fund balance. I am recommending that we don’t take all of this fund balance and that we don’t use it as much as in here because you are giving away the revenue. I see it as setting up the perfect storm for next year because everything about revenue next year is unknown. Therefore have something in your savings account to deal with it.

The fund balance for this year is 1 million dollars, this is not peanuts and it’s more than the fund balance of last year.

So I would argue, it is your money I don’t have any trouble with that. I am looking at two years, what we are looking at this year versus next year is a far deeper problem.”

Councilwoman DiGiandomenico – “The majority of the people contacted me in saying use up part of the fund balance, it’s our money and I am representing the tax payers that at least took the time to contact me and give me their opinion. I am in favor of lowering the fund balance.”

Councilman Koetzle – “Just in response, I understand what you are saying. It was a difficult process for all of us, a difficult decision for all of us to come where we are but when I joined this Board last year I remember sitting there at my first work session and everyone said we only had $900,000 less than 1 million and oh the sky is falling and by the end of this year we are not going to have anything in the fund balance and all of a sudden I showed up one day and it was 2.1 million dollars. Astonishing stuff, astonishing stuff. I remember last year when I was sitting out there I heard the same comments almost from you and a few other councilmen and I will tell you another thing after the election took place and I was sitting at my home I got a nice call from former Councilman Bob Bailey, who said, Chris you don’t know what you are talking about next year it’s a guaranteed 25% tax increase. There’s no way around it, there’s no way you’re going to avoid that and respectfully I disagreed with him and here we sit not even close, on our worst budget, to 25% tax increase. The point of the matter is we are all taking guesses here. We don’t know what the future is going to bring but so far you have been wrong and I am willing to say let’s give the money back to the people, let’s preserve services, let’s give them a tax increase that’s only $10.00 more per year then what you are offering. I think that is the responsible, prudent way to go.”

Supervisor Quinn – “No matter what was said, what is the bottom line tonight? You had a choice of 2.9%, it went way up and now it’s down and what is here in this resolution, if we amend it this way are your taxes going up more. Regardless of who did what figures, I could argue with what Councilman Koetzle just said, that’s not important, there is a reason why the number he’s sighting is the number he’s sighting and I will not bore you or us with all of the numbers because there is more to this story.

Supervisor Quinn made a motion to amend this resolution as follows:

That we adopt the figures from the Tentative Budget which brings everything to the same numbers that is in the Tentative Budget which is a smaller tax increase, less percent for the year and preserves more of the fund balance for the year 2009 as well as 2010.

Seconded by: Councilman Rosenberg

Councilman Koetzle – “No to explain my vote because the amendment is not responsible and does not identify how we are going to deliver services to the corresponding cuts.”

Councilman Quinn – “No, but I would like to entertain a middle of the road approach that might add some of these cuts that Councilman Rosenberg is talking about maybe a smaller percentage and we may still be able to work on that tonight.”

Ayes: Councilman Rosenberg and Supervisor Quinn

Noes: Councilmen Koetzle, Quinn and Councilwoman DiGiandomenico

Councilman Quinn – “I would like to suggest an amendment. We are looking at approximately on the town side a 4.17% and our appropriations are a 1 million dollar increase over last year. Let’s say we do it across the board, operational cuts. Leaving it to the discretion of the department heads and I agree we shouldn’t be micro-managing. They can use the 3% cut anyway they want but it has to happen, it’s a directive, it’s not a request.

Now if I am doing my math correctly that should represent about $30,000. It brings us down closer to your goal.”

Councilman Koetzle – “I would like to ask the Town Administrator a question because that is what I had proposed and asked this budget to have a 5% across the board non-personnel cut I thought that would get us to where we are going. I understand that that was put in there and I even suggested tying the salary increase of the department manager to attain those 5% savings operational. I don’t know if you remember that conversation? Is that in here already?”

Tony Germano, Administrator – “For the most part it is, we have already cut utilities about 10% because of the savings that you got on the Smartbuy. We have cut supplies and materials; we have cut just about everything that’s considered non-personnel services. It is probably more than just 5% - 7%. If I understand it Councilman Quinn is looking for an additional 3% cut on top of this.”

Councilman Koetzle – “So there is already a 5% - 7% across the board cut. Can we sustain another 3%?”

Mr. Germano – “It certainly will be a challenge but it is one that if this Board so directs we will look everywhere for the 3% cut.”

Councilman Quinn – “It is a painful thing to contemplate and I don’t like to have to do it but we have to break it down to what is essential, what we need versus what we would like to have. I think everyone of our budgets might have a few services in there that we like but they aren’t essential. It is a compromise which brings us a little closer to the Supervisor’s original proposal.”

Councilwoman DiGiandomenico – “What is the final number now?”

Councilman Koetzle – “This is being presented without the input from the department head. It’s hard to know what kind of impact it’s going to have on the departments and if it’s going to be feasible or not to implement it. That’s the key thing to this budget, what is feasible and what is not feasible and I am just a little concerned that we don’t have time for the department heads to tell us what kind of impact that’s actually going to have and for the savings I don’t know what that relates to in real dollars.”

Supervisor Quinn - $30,000 the Comptroller said.”

Councilman Koetzle – “No, to the taxpayer, per house.”

George Phillips, Comptroller – “Very rough math, you are talking about two-thirds of a percent so you are talking about a little less than $5.00 maybe $4.00 per household for an average town outside resident.”

Supervisor Quinn – “When we go across the board we penalize the good productive people and it’s not much of a stretch for those that are not productive.

I think we are putting the tax payers at risk for next year.”

Councilman Quinn made a motion to add an additional 3% appropriation cut across the board.

Seconded by Councilman Rosenberg

Ayes: Councilmen Koetzle, Quinn, Rosenberg and Councilwoman DiGiandomenico

Noes: Supervisor Quinn

Attorney Dickson – “You want the increase in appropriations to be $979,000 rather than 1 million dollars.

We are now back to the original motion as amended by Councilman Quinn’s amendment.

The original motion to amend the Preliminary Budget by the numbers that were originally proposed in an addition as amended by Councilman Quinn’s amendment.”

RESOLUTION NO.180-2008

Moved by: Councilman Koetzle

Seconded by: Councilwoman DiGiandomenico

WHEREAS, the 2009 Preliminary Budget of the Town of Glenville has heretofore been filed with the Town Clerk on October 15, 2008,

NOW, THEREFORE, BE IT RESOLVED that the 2009 Preliminary Budget is amended for the 2009 Final Adopted Budget of the Town of Glenville by the changed items noted with an asterisk; and

BE IT FURTHER RESOLVED that Appropriations are reduced by $86,690 principally due to New York State Retirement Appropriations; and

BE IT FURTHER RESOLVED that Appropriations be further reduced by $28,812; and

BE IT FURTHER RESOLVED that Revenue is reduced by $80,535 principally due to State aid, mortgage tax and sales tax from the County.

BE IT FURTHER RESOLVED that Fund Balance Appropriations are increased by $309,288 principally to reduce the tax levy; and

BE IT FURTHER RESOLVED that Tax Levy is reduced by $315,443 principally due to the above.

Ayes: Councilmen Koetzle, Quinn and Councilwoman DiGiandomenico

Noes: Councilman Rosenberg and Supervisor Quinn

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 181-2008

Moved by: Councilman Koetzle

Seconded by: Councilman Quinn

WHEREAS, the 2009 Preliminary Budget of the Town of Glenville has heretofore been filed with the Town Clerk on October 15, 2008; and

WHEREAS, a duly public hearing was held on November 5, 2008, to hear all persons in favor of or against the Preliminary Budget as compiled for or against any item or items therein contained, and

WHEREAS, the Preliminary Budget has been amended,

NOW, THEREFORE, BE IT RESOLVED that said amended Preliminary Budget be and it hereby is adopted as the Final Budget of the Town of Glenville for the fiscal year commencing January 01, 2009, and

BE IT FURTHER RESOLVED that said adopted budget shall be spread upon the minutes of this Town Board Meeting, in its entirety.

Ayes: Councilmen Koetzle, Quinn, Councilwoman DiGiandomenico

Noes: Councilman Rosenberg and Supervisor Quinn

Absent: None

Abstentions: None

Motion Carried

FINAL

TOWN BUDGET

For 2009

Town of Glenville

County of Schenectady

Village Within or Partly Within Town

Village of Scotia, New York

CERTIFICATION OF TOWN CLERK

I, LINDA C. NEALS, Town Clerk, certify

that the following is a true and correct copy of the 2009 budget of the Town of Glenville as adopted by the

Town Board on the 19TH day of November, 2008.

Signed________________________

Town Clerk

Dated ___________________________________

RESOLUTION NO. 182-2008

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Quinn

WHEREAS, the Town Board of the Town of Glenville hereby reappoints Michele Wilcock, 511 Sacandaga Road, Glenville, to the Assessment Board of Review; and

WHEREAS, according to Chapter 193 of the Real Property Tax Law of 1986, the term of office begins (in any given year) on October 1 and ends on September 30, five (5) years later,

NOW, THEREFORE, BE IT RESOLVED that Michele Wilcock be reappointed to serve on our Assessment Board of Review in the Town of Glenville, Schenectady County, New York, commencing October 1, 2008 and expiring September 30, 2013; 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 Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 183-2008

Moved by: Councilman Quinn

Seconded by: Councilman Koetzle

BE IT RESOLVED, that the minutes of the regular meeting held on October 15, 2008 be and they hereby are approved and accepted as entered.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 184-2008

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Koetzle

BE IT RESOLVED that the Monthly Departmental Reports for October, 2008 as received from the following:

Assessor Department

Building Department

Dog Control

Human Services

Highway Department – September & October

Justice Department

Planning Department

Receiver of Taxes

Section 8 Housing Payments

Town Clerk's Office

Water Department

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

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

Discussion…

Councilman Koetzle – “As we all know here on the Board that an issue has come to our attention that has lead to the displacement of one of our small businesses on Freemans Bridge Road. It is in my few in order to advance the purpose of the Freemans Bridge Road Master Plan and to advance our economic development needs while also protecting the viability of our small businesses I am suggesting a public hearing to explore the idea that I am putting forward of allowing what we call a “Transfer of Non-Conforming Use Rights” from one non-conforming use lot to another non-conforming use lot. Essentially why I think this is something we should explore is because we have an issue where right now we have a master plan and we have certain businesses within that zone that don’t conform to the plan but they are grandfathered because they were there prior to the plan.

In order for us to move forward to get towards this master plan goal that we have, it is my suggestion that we should look at allowing someone who is not in conforming use when there are specifically being displaced by a business that will be in conforming use, allow that business to transfer their rights that they have been granted by “grandfather status” to another non-conforming lot. What that does is that allows the Town to move forward in its plan, it takes two non-conforming parcels and it combines them into one. What we have done now is we have taken the non-conforming parcel and we have encouraged it to become conforming by that business that is within the zoning of the master plan area.

I think why this has beneficial to us is because really more so than what is going on currently we need to have a system in place that will encourage non-conforming businesses to move when a conforming business wants to locate on Freemans Bridge Road. Currently and in Mr. Decrece’s situation he and any other business can fight that, that would tie up that property for months, 3, 6, 9 months, what happens when a Lowe’s want to come in or a Target or any other business, if someone is going to fight them they are going to leave, they are not going to locate there in most cases because they are not going to battle this. This would be an economical development tool that will allow us to go to the small business and say we have an opportunity for you to move elsewhere within the same zone. Otherwise the small business can say, you are putting me out of business, if you are displacing me I have no where to go in the Town of Glenville. Eventually we will consolidate non-conforming use lots until it gets to a point that we have achieved our Freemans Bridge Road goal plan. That is really the goal of this Board, is to not just put that plan on a shelve, which I think it has been there a little too long, it’s really to get us to the end goal of developing Freemans Bridge Road in a manner in which was studied.

All this resolution does is set a public hearing so that we can have more discussion on it.”

Councilman Rosenberg – “First of all I don’t know if this should even be a resolution or if it has been reviewed by our attorney. (The attorney has reviewed it).

I am not against anything that is in the resolution, I am just asking the question legality wise that’s all.”

Attorney Dickson – “I did not see it until today. The merits of the content of it in terms of procedure amending the zoning ordinance there are certain procedures required by the Town Code and by State Law that have to be followed in order for us to do this.”

Councilman Rosenberg – “Should this be a resolution or should this be new business?”

Councilman Koetzle – “In our discussion I understand Mr. Germano that we can move forward, it is our prerogative to move forward. We still have to go through the process that Attorney Dickson had suggested but it doesn’t preclude us from moving forward tonight in setting a public hearing.”

Tony Germano – “Based on our Code and State Law this would need to be reviewed by GECC and then by our Planning and Zoning Commission with a recommendation back to you. What you are doing with this resolution is setting a public hearing for December 17^th. You would expect a recommendation from both of those boards by that date.”

Councilman Rosenberg – “Eric, are you comfortable with this?”

Attorney Dickson – “The only thing that I would warn against is that you can have a public hearing and that’s not the drop dead date but by the time you adopt a local law you have to have completed the SEQRA process.”

Councilman Rosenberg – “So this is out of order but it is okay as long as we do everything.

Attorney Dickson – “It is okay as long as you don’t adopt this local law until those procedures have been conformed by then.

This particular local law seems to allow the non-conforming displaced business to go to any lot within the general business zone.”

Councilman Koetzle – “That is not how I wrote it, that was amended here today and I suggest that that be amended back to the original way I wrote it.”

Supervisor Quinn – “Before we can vote we obviously have two different thoughts, related but not identical thoughts so we have a motion, we have a second and in discussion it turns up we have some things we need to police up. The fact that you are saying a public hearing but the direction of what goes on in the public hearing is also carried out in the resolution because we are going to be saying Planning and Zoning, ZBA, GECC, Building Department all of these departments, they have to give us their recommendations on this.

We have a motion, we have a second. We can vote this.”

Councilman Koetzle – “Attorney Dickson, are you suggesting that how it is written now by the time we go through the public hearing and through the process of GECC, etc. we cannot change that from conforming to non-conforming?”

Attorney Dickson – “Ordinarily if you have a public hearing on a particular local law you can’t change the local law while it is before the board, you have to call for another public hearing. You have a unique situation here though where you intervene for a Town Board Meeting the first week in December. Before the public hearing we are going to have a Town Board meeting and a work session so it needs to be on the desk of the board ten days before the public hearing so if we made a change on the 3^rd of December, your public hearing is on the 17^th you will make it.”

Councilman Koetzle – “I suggest we go forward with that and that will give us an opportunity to come to an agreement on what is conforming and what is not conforming.”

Tony Germano – “I just want to point out that if this Board approves as an amendment the applicant still needs to go through the site plan review process for any establishment and that could take a month or two, probably more like three months.”

RESOLUTION NO. 185-2008

Moved by: Councilman Koetzle

Seconded by: Councilman Quinn

WHEREAS, on June 16, 2004, the Town adopted the Freemans Bridge Road Master Plan which calls for a variety of land uses to target and encourage certain types of development and amenities in the study area, and

WHEREAS, by Local Law No. 3 of 2006, by Local Law No. 1 of 2007 and again on or about September 3, 2008, by Local Law No.4 of 2008, the Town amended Section 270 of the Town Code relating to Zoning in order to keep that section current and to ensure that the Zoning Code appropriately addressed the needs, concerns and sentiments of Town residents, and

WHEREAS, until recently, there were several businesses on Freemans Bridge Road that would appear to be non-conforming uses for a General Business District, under the current Town Zoning Code; and

WHEREAS, one purpose of a non-conforming use is to permit established businesses to continue to operate without undue hardship, even after changes to the Zoning Code would prohibit the establishment of new similar businesses in zoning district; and

WHEREAS, the Town and the Freemans Bridge Road business community encourage economic development in the Freemans Bridge Road Master Plan study area and seek to do so without harming existing businesses, while still attempting to develop the area in accordance with the master plan; and

WHEREAS, the Board believes these objectives can best be achieved by amending the Zoning code by adding a new section 270-103, “Transfer of Non-Conforming Use”,

NOW, THEREFORE, BE IT RESOLVED: that pursuant to the Town Law of the State of New York, a public hearing on a proposed Local Law to add a new section 270-103 to the Zoning Code to permit a one-time transfer of a non-conforming use with the same zoning district to the site of another similar use site when the net result is no increase in non-conforming use and the purpose of the transfer is to facilitate economic development or development of facilities or amenities identified in a master plan for the zoning district, be held on the 17^th day of December, 2008 at 7:30 PM at the Municipal Center, Glenridge Road, in the Town of Glenville, New York and that the notice of the time and place of such hearing describing in general terms the proposed Local Law, be published once in the Daily Gazette, a newspaper circulating in the Town of Glenville.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

New Business:

Councilman Koetzle – “Since the election has come and gone there are a few candidates who have left their signs up all over town and talk about zoning and being out of compliance. Our future Congressman and our future, to be again County Legislature have signs that are out of compliance in the town. Out of respect to the residents in the town when the election is over, please get the signs down.”

The Town of Glenville Town Board Meeting was adjourned at 10:12 PM.

ATTEST:

______________________________

Linda C. Neals

Town Clerk