REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
FEBRUARY 4, 2009
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
Councilman Quinn – “I am very pleased to announce that the Town of Glenville is hosting our “Annual Winterfest” at Indian Meadows Park on Droms Road, this Saturday from 11:00 am to 3:00 pm. This year we are featuring skating, sledding, skiing, horse drawn sleigh rides, nature walks, and a citizen’s cross-country ski race. There will also be ski and snow shoe equipment available for demos and they will also be giving lessons. There will be a campfire and refreshments will be provided by the Glenville Rotary. There will also be an interesting event that I have participated in in the last few years, it’s known as broom-ball.
It is a great event and we hope that people can come out and support it.”
Councilman Koetzle – “The Assessor has asked me to remind residents that the deadline to submit the application for the STAR exemption is March 1st. She did have a successful day on January 26th at the Senior Center where she addressed the interested people in the STAR Program. I was told that the attendance had more than doubled from last year.
She also asked me to mention that the tax bills are now on line on the town’s website. The residents can now go to our website and down load their tax bill and you can go back a couple of years.
The Assessor has asked me to notify the residents that the County Clerk has notified the Town of a scam that is going on in the mail. There’s a private company offering to sell certified copies of your deed at exorbitant prices. The National Deed Service, Inc. is the name of the company and they have mailed thousands of Schenectady County residents offering to obtain a certified copy of their deed for $59.50. Other private companies are doing this as well. You can obtain a copy of your deed from the County Clerk’s Office for a fee of just $5.00.
I would like to read an e-mail that I received from our Town Clerk regarding our Assessor because I think it is important when someone notes that one of our employees have gone above and beyond their duties.
Linda Neals writes – “I would like you to know that Darlene Abbatecola is a wonderful addition to our staff. Many people that have been in to pay their taxes are just stopping by to thank her for helping them out when they had called her and she answered their questions regarding their assessments and exemptions that they may be eligible for.
She is wonderful with our residents; she puts a lot of effort into her job because she cares. She is very patient and understanding especially with our seniors. She always invites residents into her office so they can talk in private and when they leave they are thanking her over and over again for her help.
Her performance as an assessor is outstanding. She even held an information session at the Senior Center again this year.
I feel that the Board members should be informed when staff members are performing above and beyond their job description. Darlene is one of those who bends over backwards to help our residents.”
Councilman Koetzle – “I just wanted to acknowledge that it is recognized the work that she is doing for us and the residents and very much appreciated.
I also want to make mention of a Small Business Mixer that the Glenville Professional Business Association is going to have on February 12th at 5:30 pm. All Glenville businesses are invited. We are calling it the “Fall in Love With Glenville Mixer” and it is at the Waters Edge Lighthouse on Freemans Bridge Road. They will be having a quick informational meeting before the mixer.
I would like to bring the residents up to date on the bulk item program. As you all know last year we paid County Waste about $9,990 to provide the bulk item pick up service. In December County Waste advised us that that cost would be $64,000 this year. No other waste hauler is able to provide this service for $9,990 so we are looking at other options as we speak.
The loose leaf pick up for 2009 is still on and will still be performed by the Town of Glenville Highway Department. Services for this will become more available as we get closer to the fall. As soon as the snow melts the highway department will be picking up the leaves that were covered with snow.
We now have FEMA funding for the storm damage pick up. We will be reimbursed for 87½% of our expenses that relate to that storm. Details will become available for the debris removal as we get better weather and less snow on the ground.”
Councilman Rosenberg – “I attended my first Public Safety meeting a couple of weeks ago. It was pretty interesting and there will be a resolution tonight on one of the things they were discussing regarding stop signs.
Today I actually took a tour of the police department, which I have never seen for three years, now that I am their liaison. I spent a few hours with the Chief today to discuss some of his issues and some of my concerns. He did give me some information on the taser program, we have had them here for a while but he had elected to do extensive training from what I understand. Some municipalities do basic training and send the people out with them but he had decided not to do that. About two-thirds of the officers have been through that training program. He informed me that by the middle of March the entire department should be through that program.
I have asked the Chief to compile a report and to meet with us about some of the things that have been going on in his department and enlighten us.”
Councilwoman DiGiandomenico – “The Scotia-Glenville Seniors need volunteer drivers and dispatchers for its daily van service. The van transports Scotia and Glenville seniors to non-medical appoints from 9:00 – 3:00 M – F, mostly within the Glenville area. No special license is required just drive the van, just a clean license and a desire to help others. Dispatchers receive transportation requests and schedule the vans route. Dispatch hours are M-F 9:00 to 12:00; to volunteer contact the Senior Center at 374-0734 and ask for Cindy.
The Schenectady County Health Department will once again be hosting a rabies clinic; Saturday, February 21st at the Rotterdam Senior Citizens Center at 2639 Hamburg St., Rotterdam, please bring previous rabies certificate if any. This clinic is free to Schenectady County residents. Cash donations will be appreciated.”
Councilman Koetzle – “The Small Business Economic Development Committee received a grant through the Chamber of Commerce funded by Metroplex for $35,000 that will be partially funding two main street façade improvement programs on Freemans Bridge Road; Barrier Free System and Checkerhill Farms will both be receiving money for beautification of their place of businesses. Thirty-five thousand ($35,000) is a first try at this and getting that type of support from Metroplex and the Chamber is a big deal.”
The following people exercised the Privilege of the Floor:
Patricia Vieta, town resident – Ms. Vieta commented on the plowing. She stated that it has been phenomenal. She lives on a dead-end road and stated that there was a little bit of a problem with the plow trucks leaving all of the snow at the end of her road. She contacted Rick LeClair and ever since then the plow truck operators have been doing a superb job. She also stated that she leaves very early for work and the roads are always very clear and safe when she heads off to work.
Virginia Graney – Ms. Graney commented on the tax bills. She stated that the County, NY and Federal mandates should read more clearly on the bill. She also asked what the difference was between the town general and the town outside. Ms. Graney then brought up the issue of the fire districts. She presented a flyer that had mysteriously been left in her mailbox. She resides in Fire Protection District #4 and she told that board that she had been complaining about the cost for that coverage for probably 15 years. She said that according to the flyer she is paying twice as much as Thomas Corners and twice as much as East Glenville. She continued by stating that this has been an issue for many years and
needs to be resolved.
Supervisor Quinn – “A couple of points for information; the rates people are charged depending on the fire district that you live in, including the one she just talked about, #4 are set by the Fire Commissioners. The Village has it’s own, the Town has six (6) volunteer fire companies, she happens to live in one of the six that is a special district, it is a fire protection district that was formed long after all of the others were formed but the Fire Commissioners determine the rate, not the Town Board we just collect the money with your tax bill. In the case of Fire Protection District #4 the Town Board are the Fire Commissioners for that district. It’s below Mohawk Avenue and it comes all the way up
around behind Baptist Retirement Center. Its parts of the town that were added over the years after the rest of the districts were formed. We put that out for bid each year and we ask all of the volunteer companies as well as the Scotia Fire Department to bid on what it will cost to cover Fire District #4. It covers homes and a major part of the Industrial Park. This year as well as the last three (3) years no one else bid on that except the Scotia Fire Department and therefore that was the price, we did not get competitive bidding and so that’s where that price is coming from. Some of you may not have seen or heard anything but that price has been going up on the average over the last ten (10) years 10% a year so it is 100% over the last ten years. We do have that on our agenda, we are working on it and it is obvious why with the price going up at that rate.
On the question she brought up, sometimes we can respond to queries from the public, the three things on your tax bill from the town, the town general fund, the town outside fund and the highway fund; the rest of those pieces on your bill that relate to water, sewer and so forth, relate to the people in that particular district. The town general fund is a tax that all of the people in the town pay but also the residents of the village because the town provides certain services for the village. Mostly it is all administrative services, the village has its own police department, we have our own but there are other services, the planners and other kinds of administrative services the town provides.
On the town outside that’s any of the services that are unique to town residents, village residents do not pay any of that tax. There you find our police department and many of the other departments that we have.
The last one is the highway department which is the town’s highway and not the village’s.
Those are the three (3) main funds that have been established for at least forty (40) years.
We have a great deal of heartburn as to how those tax bills get printed because we are trying to educate the people in our town about the fact that the county, we think, is not playing fare and square, we don’t print the bills, they have a say in this but what gets printed on there besides the money is state and federal mandates and so forth. We don’t think that is enough information, we have fought this battle with them so that the citizens would know what’s included in there and why that is different than the state from anything having to do with the town. We have lost most of those battles; we have got a little word smiting done on it but we continue to do that. We are trying to make sure that the citizens
understand that about .66 on a dollar comes in the school tax bill, the next 24% is the county tax and about .10 on a dollar is the town and we are trying to make sure that people understand.
We are trying to get this thing separated even further with greater explanation.”
Judy Ferguson – Ms. Ferguson read a letter regarding the proposal to rezone the Woodlin Club property.
Dear Mr. Corcoran and Members of the Commission:
Thank you for allowing input from residents who are concerned about the rezoning issue. I am unable to attend tonight’s meeting but wish to submit this letter.
I have been a resident of St. Anthony Lane for thirty (30) years and I am very concerned about the proposal to allow a 116 unit development down the street from me. I was active as a realtor in the Glenville area for fifteen (15) years and strongly believe that this project would be detrimental to the property values and our quality of life in the Helen Estates.
There are already ninety-two households using the one entrance and egress onto Glenridge Road and 116 more would certainly pose additional problems at the intersection of St. Anthony Lane and Glenridge Road. Safety concerns alone should prevent approval of this project.
Other concerns exist as well such as a glut of multi-family units when the real estate market is very stressed already, having a noise and safety buffer corridor around the airport runway area and drainage down to the Indiankill Nature Preserve and the stream itself.
I urge you to consider all aspects of this proposal and reject it.
Yours truly,
Arlene Jackson
Ms. Ferguson stated that in speaking with a few neighbors we are concerned about the sewage situation with the Indiankill being so close and we are all on septic systems. She also said that the incline of the slope because it is quite severe back there, the impact on wildlife and concerned that they are being pushed out and their lower property taxes.
Supervisor’s Comments:
Supervisor Quinn shared the following information
Supervisor Quinn stated that due to inclement weather the Board did not have a meeting on January 21st
January 15th – Attended the monthly meeting of the Schenectady County Military Affairs Council.
January 17th – Some of us made the tour of the Glenville History Center
January 20th – A meeting was held here and Tony Germano, Rick LeClair and I met with the Town of Ballston Supervisor and their attorney. We discussed the water contract that we have with them and they are interested in whether there are any options for changing the contract.
We explained that they needed a long-term contract years back to get funding and grants for their own town and so they needed from us a contract for 20 plus years of water service. We were interested in selling but the reason it was so long and broad was because it met their needs way back then.
We discussed and reviewed the alleged impact of the famous Saratoga County Water Commission that’s coming on line and bringing water to the Town of Ballston and what is that going to cost because they are stuck now; they have a long term contract with us and here comes the Saratoga County Board of Supervisors that have set this thing up to bring water into them, now they have two sources of water and so they are obviously concerned.
They are stuck in the middle and they don’t have enough hard data and so we said thank you, we have got to protect our town residents. We have a long term contract in effect, we will talk and they are very satisfied with our water and our service but they are forced into buying water from the Saratoga Water Company.
January 27th – On behalf of the Women League of Voters I made a presentation up at the Glendaal School because their students, they have a contest every year which school will have the most children participate and go to the polls on election day and so the second year in a row the Glendaal School had 58% of the kids go to the polls last November.
January 27th – I participated in the monthly meeting of the Local Government Council. The agenda was the Deputy Commissioner for shared services in the Department of State. We discussed what grants we all applied for, how they are going and what is their encouragement and what are some of the dilemmas that they are seeing at the Department of State.
January 30th – I met with most of the other town supervisors, mayors and so forth in Congressman Tonko’s districts. Information sharing on what is in this house version of the stimulus package he was looking for feedback.
In the stimulus package is the following; community development, which is grants, emergency food and services, education and the repair of facilities also some higher education and wireless grants.
Environment – underground storage tanks and brown-field cleanups
Health – health information technology so that they can use the technology to hopefully reduce the cost of that and health care services for the uninsured.
Housing area – they have public housing, neighborhood stabilization, homeless assistance, rural housing and facility centers for independent living.
Transportation – federal highway funds, urban rural according to the existing state formulas, high speed intercity rail, aviation – airport improvements, environmental infrastructures around clearing water, US Army Corp of Engineers, new construction for commuter rail services, upgrades and repairs of transit services, Amtrak Rail service, upgrades and repairs of transit services, Amtrak intercity, electric transportation, alternative buses and trucks, airport improvement, transportation security, finding explosive devices.
I asked where the things for the suburbs are. We have got people loosing their jobs, we pay all of our taxes and I said there is little or nothing for the suburbs it is all for the cities.
February 4th – Schenectady County meeting with the State Emergency Management Office as well as some representatives from the Federal Government about the snowfall that we had in December.
Upcoming events:
February 7th – Winterfest
February 10th – We are meeting with the GSA (General Services Administration) and the NYS DEC representatives in Albany offices. We had a review of where they are at. They finished the field study about contamination on that site and when they finish that DEC and GSA have to put their heads together about remediation for the fumes that are in the ground there. This is the meeting where that is supposedly ironed out and for the key leader to know what the status is now.
February 12th – I have a meeting with Congressman Tonko’s key staff person for economic development along with Ray Gillen from Metroplex on the same GSA property.
RESOLUTION NO. 43-2009
Moved by: Councilwoman DiGiandomenico
Seconded by: Councilman Rosenberg
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 2008 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 Inventory Clerk, Joan Spencer Szablewski, 88 Skyway Drive, Glenville,
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 Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstentions: None
Motion Carried
RESOLUTION NO. 44-2009
Moved by: Councilman Rosenberg
Seconded by: Councilman Quinn
WHEREAS, the Town of Glenville awarded the bids brokering for lines of general property casualty insurance and workers compensation to Marshall and Sterling, and
WHEREAS, the bid for the lines of general property casualty for the Town is under budget by approximately $15,000 inclusive of the estimated cost for the new water plant upgrade/old plant retrofit casualty insurance costs,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Glenville Town Board authorizes the purchase of services from Marshall and Sterling for general property casualty insurance at a cost not to exceed $186,792 exclusive of the new water plant upgrade/old plant retrofit casualty insurance costs.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstentions: None
Motion Carried
RESOLUTION NO. 45-2009
Moved by: Councilman Rosenberg
Seconded by: Councilman Koetzle
WHEREAS, I am introducing a Local Law to amend Chapter 255, “Vehicle and Traffic” of the Code of the Town of Glenville; and
WHEREAS, a duly scheduled public hearing must be held in order to change such a law,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville will meet at the Glenville Municipal Center on Wednesday, February 18, 2009 at 7:00 P.M., or as soon thereafter as can be reached, at which time and place will hear all persons interested in a proposed local law to amend Chapter 255, Vehicle and Traffic Law of the Code of the Town of Glenville; and
BE IT FURTHER RESOLVED that the Town Clerk be, and she hereby is directed to prepare the proper notice of said hearing in accordance with law as follows:
ADD:
Section 255-2. - Stop Intersections
Intersection of With/Stop Sign on Entrances
Berkley Square North/Cumberland Place Berkley Square West South
Berkley Square West/Cumberland Place Berkley Square North East
Berkley Square North/Berkley Square West Cumberland Place West
BE IT FURTHER RESOLVED, that this resolution shall take effect when filed with the Secretary of the State of New York.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstention: None
Motion Carried
RESOLUTION NO. 46-2009
Moved by: Councilman Koetzle
Seconded by: Councilman Quinn
WHEREAS, on the 15th day of August, 2007, this Town Board did, by Resolution No. 162-2007, establish Extension No. 7 to Sewer District No. 9 of the Town of Glenville, and
WHEREAS, the Commissioner of Public Works and the Town Board as Commissioners of the Sewer District have been considering a proposed modification of the plan for the construction of the improvements within the district extension, and
WHEREAS, the proposed modification consists of the replacement of 1420 linear feet of eight inch gravity sewer main, pumping station and 270 linear feet of two inch mainline pressure sewer (force main) and appurtenances, with the installation of 19 grinder pumps, 1750 linear feet of two inch main line pressure sewer and 2400 linear feet of 1 ¼ inch pressure sewer laterals, along a portion of Woodcrest Drive from Woodhaven Drive to Maplewood Drive, along Maplewood Drive to Woodhaven Drive, and
WHEREAS, it is necessary to call for a Public Hearing in connection with the consideration of the proposed modification referred to above.
NOW, THEREFORE, BE IT RESOLVED, that this Town Board as Commissioners for Sewer District No. 9 of the Town of Glenville does hereby call for a Public Hearing to be held on February 18, 2009 at 7:00PM at the Glenville Municipal Center, 18 Glenridge Road, Glenville, New York, to consider the modification of plans for the construction of improvements within Extension No. 7 of Sewer District No. 9 of the Town of Glenville; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published in The Daily Gazette, the official newspaper of the Town, and posted in the manner prescribed by law.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstention: None
Motion Carried
RESOLUTION NO. 47-2009
Moved by: Councilman Koetzle
Seconded by: Councilwoman DiGiandomenico
WHEREAS, Richard LeClair, Superintendent of Highways has informed the Town Board that they will be unable to properly maintain and repair town roads or remove snow, ice and leaf vegetation from the roads in a timely manner without purchasing a new truck; and
WHEREAS, the Superintendent of Highway is requesting the purchase of one cab and chassis with dump body and plowing equipment to replace one dump plow truck; and
WHEREAS, the truck that meets our needs is available on state contract therefore not requiring the competitive bid process,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the Superintendent of Highways to purchase one 2009 Sterling L9511 Cab and chassis with Tenco body equipment package in a sum not to exceed $177,000 as described in OGS specifications from Tracey Road Equipment NYSOGS Contract #PC62376, such authorization shall supercede the authorization contained in resolution #165-2008; and
BE IT FURTHER RESOLVED, that the funding for such purchase shall be as directed by the Town Board forthcoming in a separate resolution authorizing the financing thru borrowing.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstention: None
Motion Carried
RESOLUTION NO. 48-2009
Moved by: Councilman Koetzle
Seconded by: Councilwoman DiGiandomenico
BOND RESOLUTION, DATED FEBRUARY 4, 2009 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $177,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF PURCHASING HIGHWAY EQUIPMENT
WHEREAS, the Town Board of the Town of Glenville (the “Town”) desires to provide for the financing of the cost of and the cost incidental thereto of the purchase of one cab and chassis with dump body and plowing equipment to provide for and facilitate the repair of town roads and removal of snow, ice and leaf vegetation from roads in the Town at an estimated cost of $177,000 and has and hereby determines that such payments are in the public interest of the Town;
WHEREAS, such Town Board has determined that any obligations authorized or issued pursuant to the financing described in this resolution shall mature in not more than five years as prescribed in the Local Finance Law to permit this resolution to become effective upon its adoption;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville as follows:
SECTION 1. There are hereby authorized to be issued serial bonds of the Town of Glenville in the aggregate principal amount not to exceed the amount of $177,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.
SECTION 2. The specific object or purpose (hereinafter referred to as “purpose”) to be financed by the issuance of such serial bonds is the purchase of highway equipment namely, one cab and chassis with dump body and plowing equipment to provide for and facilitate the repair and removal of snow, ice and leaf vegetation from roads in the Town (the “Project”) the total cost thereof to be financed from the proceeds of the bonds herein authorized to be issued since no payment from current funds is required by Section 107.00 of the Local Finance Law.
SECTION 3. It is hereby determined that the class of objects or purposes for which such serial bonds herein authorized to be issued is set forth in subdivision (28) of paragraph a of Section 11.00 of the Local Finance Law, namely, the acquisition of machinery and apparatus for construction and maintenance of any physical public betterment or improvement for the Town use.
SECTION 4. No current funds are required to be provided prior to the issuance of the bonds herein authorized to be issued or prior to the issuance of any bond anticipation notes pursuant to Section 107 of the Local Finance Law since the period of probable usefulness of the bonds herein authorized for the objects or purposes set forth above are provided for in Section 11.00 of the Local Finance Law.
SECTION 5. The Supervisor of the Town is hereby authorized to designate the bonds as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of l986, as amended, if the Town does not issue in excess of $10,000,000 of its general obligations in the calendar year in which the bonds are issued. The Town covenants it will take any necessary action, do all things and not take any prohibited action to insure that the interest on the bonds will be exempt from Federal income taxation at all times.
SECTION 6. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and content of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes, including renewal notes, and to make any necessary “arbitrage” covenants in the name of the Town, is hereby delegated to the Supervisor of the Town as the
chief fiscal officer of the Town. The Supervisor of the Town is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this bond resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes, including renewal notes, and to attest such seal. Such serial bonds, if, as and when issued shall be authenticated by the countersignature of a fiscal agent of the Town or by the appropriate designated officer of the Town pursuant to Section 70.00 of the Local Finance Law.
SECTION 7. The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations herein authorized as the same become due and payable, such amounts to be included in the levy of taxes on all taxable parcels of land in the Town.
SECTION 8. When this bond resolution takes effect, the Clerk of the Town shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law at least once in “The Daily Gazette”, the official newspaper of the Town, a newspaper having a general circulation in the Town.
SECTION 9. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
1.) Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
2.) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20)days after the date of such publication, or
3.) such obligations are authorized in violation of the provisions of the Constitution of the State of New York.
SECTION 10. Tax Covenant. The Town covenants for the benefit of the registered owners of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, or will not make any use of the equipment financed with the proceeds of the obligations which would cause interest on the obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the “Code”) (except for the alternative minimum tax imposed on individuals and corporations by Section 148 of the Tax Code, except for the environment tax imposed on corporations by Section 59A of the Tax Code and
except for any obligations held by substantial users, or related persons, of the projects financed by the obligations) or subject the Town to any penalties under Section 148 of the Tax Code, and that it will not take any action or omit to take any action with respect to the obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on the obligations to become subject to Federal income taxation under the Tax Code (except for the alternative minimum tax imposed on individuals and corporations by Section 55 of the Tax Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof.
The proceeds of any obligations authorized to be issued herein may be applied to reimburse expenditures or commitments made for such purpose on or after a date which is not more than one year prior to the date of adoption of this bond resolution. The Town expects to expend general funds or other available moneys for the purposes which should be reimbursed from the proceeds of such obligations.
SECTION 11. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Town Board of the Town shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York Department of Environmental Conservation, all orders of the New York Department of Environmental Conservation and all applicable Federal laws and regulations in connection with environmental quality review relating to the specific object or purpose authorized to be financed herein (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date
of adoption of this bond resolution, the Town Board of the Town will readopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Town Board of the Town that the project will not have a significant effect on the environment.
SECTION 12. This bond resolution shall take effect immediately upon its adoption by the required votes by the Town Board of the Town.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstentions: None
Motion Carried
RESOLUTION NO. 49-2009
Moved by: Councilman Quinn
Seconded by: Councilman Koetzle
WHEREAS, the Town of Glenville Town Board, on January 7, 2009, established the following list of engineering firms who are eligible to perform engineering review services for applications that come before the Planning and Zoning Commission (PZC):
· Kestner Engineers
· Barton & Loguidice, P.C.
· Clark Patterson Associates
· Bova Engineering, PLLC
· The Chazen Companies
· C.T. Male Associates, P.C.
· Laberge Group
· Foit-Albert Associates
· John M. McDonald Engineering
· Lansing Engineering, P.C.
· Environmental Design Partnership
· Infinigy Engineering & Surveying
· Ingalls & Associates, LLP.
· Schafer Engineering Associates
and
WHEREAS, subsequent to establishment of this list, Greenman – Pedersen, Inc. (GPI), a multi-disciplined engineering consulting firm with offices in Albany, asked if they could be added to the above list; and
WHEREAS, GPI is a reputable firm that is capable of assisting the PZC in the review of technical elements of subdivision and site plan review applications;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adds Greenman – Pedersen, Inc. to the above list of engineering consulting firms who are eligible to provide review services to the Planning & Zoning Commission.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstentions: None
Motion Carried
RESOLUTION NO. 50
Moved by: Councilman Koetzle
Seconded by: Councilman Rosenberg
WHEREAS, on the 7th day of January, 2009, this Town Board did, by Resolution No. 1-2009, establish that all regular Town Board meetings and work sessions would convene at 7:30 pm, unless otherwise designated within sufficient time; and
WHEREAS, the Town Board determined that it would be best to convene at 7:00 pm,
NOW, THEREFORE, BE IT RESOLVED that effective February 11, 2009, all regular Town Board meetings and work sessions shall convene at 7:00 pm, prevailing time, unless otherwise designated with in sufficient time.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstention: None
Motion Carried
Discussion…
Councilman Koetzle – “What becomes of the nearly $10,000?”
Supervisor Quinn – “If it is in the budget, which it is, it would be applied to the fund balance.”
Councilman Koetzle – “This resolution doesn’t say that. This resolution just simply puts the money back; it doesn’t say where it is going.”
Tony Germano – “The money won’t evaporate it’ll remain in the account and if it’s not spent by the end of the year it will go back into the fund balance.”
Councilman Koetzle – “But again it doesn’t say that, it is just basically saying we will not appropriate $9,990 and that is it.”
Mr. Germano – “No, it says the Town Board authorizes an expenditure of no more than $9,990.”
Councilman Koetzle – “Then the logic of passing a resolution of not spending money on a program that we still think may be spent by the end of the year because it is not going any where but into the fund balance at the end of the year in this recycling fund correct?”
Mr. Germano – “The Board could authorize expenditure for another purpose.”
Councilman Koetzle – “I guess until we have that I don’t see the value in killing a program that really ought not to be dead yet.
We voted to raise highway tax 18% in this budget, we appropriated this money in this budget based on that 18% tax increase and now just over one month into the new year we get some bad news from the contractor that is currently running the program and we are ready to just stop the program. I don’t think that is something that we should be doing. We should be looking for solutions to this problem not trying to say “okay residents we taxed you on this and we put it in the budget and now that money is going to sit there and we are not going to spend it”. This is a problem we should be researching a little bit more. I understand we have done a lot of work on it so far, I understand that we haven’t had
any takers yet but there are creative solutions that I think we should still be looking at and I think this resolution is premature.”
Councilman Rosenberg – “I think this entire board wanted to approve the expenditure that we have expended over the last few years so that the service could be provided but we have now found because of a few different reasons; one of the things that the contract that we have used in the past subsidized that pick up with the junk metal that they pick up and they get the money for that. Junk metal came up in price and everybody and anybody was grabbing the stuff before they even got there. That was one of the problems so their income came down. They have now increased tipping fees like everybody else at the recycling facility and then we are all well aware of the fact that we warned the companies that they would have to
pay prevailing wage to their workers who were not making prevailing wage which also made the contract more expensive to them.”
Councilman Koetzle – “No we went through this last year, the company was paying prevailing wage. We thought they would have to increase the $46,000 but upon further inspection that wasn’t true. They could still do it for $10,000 as long as they paid their employees prevailing wage. They could still do it for $10,000 they do not have to charge $64,000.”
Councilman Rosenberg – “That’s not what I am saying, I’m saying part of the reason it made it more expensive for the contractor to provide the service to us was that they became aware of the fact that they would have to pay their employees that rate while they were doing the job.”
Councilman Koetzle – “They were paying their employees more than the rate and that rate has been around for years and years and years.”
Councilman Rosenberg – “That is not the information that I received but at any rate what we are trying to do, I think the majority of the board wanted to do from the work session that I attended in regard to this, none of us want to give this up but I think spring time is coming, we only meet every couple weeks as it is; what we are trying to say is we have done what we could to try and…this isn’t dead and I think expectation is that we can leave the money here. If any body on this board at any point finds a resource where this job could get done for $10,000 I think there’s full board support that we can announce it. I think in the mean time there are a lot of people that plan on this months ahead of time
and there may be someone that is buying a refrigerator or changing a dishwasher, washer or dryer that was planning on putting it out and if we tell them now not to plan on us picking it up we don’t have resources. We are going from $9,900 up to $64,000 and that $55,000 difference is a 1½% tax increase next year.”
Councilman Koetzle – “I asked them let’s be clear about the message that we are sending because on one hand you’re saying your sending a message that we don’t have the program anymore but on the other hand you’re sending the message that the program is not dead we are ready to bring it back out at any given moment…
Councilman Rosenberg – “I am saying that the money is there, if somebody else finds another way to get this done, including yourself, if you have a way to get this done for $10,000 I don’t thing you will get any resistance from this board. That money will be sitting there if somebody comes up with something but in the mean time we owe it to the residents to tell them currently we don’t have an avenue to pick up your bulk-item.”
Councilman Koetzle – “I don’t see the logic of what we are doing here. We are saying we are killing the program but we are not killing the program. We are using the money but we are not using the money. I don’t know why…why it has to be a spring clean up if we find a solution and we do it in July I don’t understand why we can’t do that.”
Councilman Rosenberg – “We can do that if we leave the money there.”
Councilman Koetzle – “So what is the purpose of this resolution?”
Supervisor Quinn – “Read the three resolves at the bottom of the resolution: the Town of Glenville will not appropriate additional funds about $9,990 for spring bulk waste pick up service. So we didn’t kill it, we have got the money, it’s on the line, it will not be higher than $9,990. The second one is saying that we need to tell the people; inform everybody this is what’s going on and it won’t be available in the spring ’09. Yes there is money and it is there, we are not going to expend it and the citizens must comply with the provisions of the Town Code, which prohibits the storage of garbage, waste, junk and all other related materials so all we really are saying is hey
everybody the program as it has been done in the past is not longer viable, we have money if we find something in between, it doesn’t say May, June, July, August, September or October. We have the money, it’s a line item if we find a solution behind here and there but we owe it to you to tell you now that this in not going to be an available service. So in the resolves we are not telling you to wipe it out we are saying it is not available.”
Councilman Rosenberg – “This is just to notify the residents that on February 4th we don’t have an avenue to make this program work.”
Councilman Quinn – “I would submit that our experience at least up to this point has been that the market place and the vendors that are available to us can’t on God’s green earth afford to do this for $9,990. I have no problem what so ever with terminating this right now and moving this into something that is a more laudable line item.
I don’t need to keep this in that line item because I don’t think anybody can afford to do it for that kind of money.”
Supervisor Quinn – “I would caution about moving this somewhere if we have got all of these items that would be competing for $9,000 and voting tonight to move it to any one of those would be presumptuous on our part until we see let’s look at whatever the needs are and then decide if we want to commit this.
I would add to the discussion and you have heard me say this before but I’m going to say it again. This is a service that’s critical and important to some of the people in the town. To use this money is to tax all of the people in that particular fund so we are asking everybody to pay for a service that some people use. There is an equity question there that some people stumble on and I am one of them.”
RESOLUTION NO. 51-2009
Moved by: Councilman Rosenberg
Seconded by: Councilwoman DiGiandomenico
WHEREAS, the approved 2009 Town Budget authorizes an expenditure of no more than $9,990 for contracted services for bulk waste pick up throughout the Town during one week in April; and
WHEREAS, in past years this service was contracted at a price not exceeding $9,990; and
WHEREAS, the Supervisor sent out a request for proposal and received one formal written response with a quotation of $64,575 for this one week spring bulk waste pick up service for all residents in Town; and
WHEREAS, the Town has diligently examined a number of alternatives for a spring bulk waste pick up program each of which were not attainable,
NOW, THEREFORE, BE IT RESOLVED that the Town of Glenville will not appropriate additional funds above $9,990 for spring bulk waste pick up service; and
BE IT FURTHER RESOLVED that the Town will immediately distribute
a public announcement to residents advising that this service will not be available during the spring 2009 and will provide guidance and alternatives for residents to directly arrange to have such bulk items removed; and
BE IT FURTHER RESOLVED that all residents must comply with the provisions of Town Code, Section 270-7 which prohibits the storage of garbage, waste, junk and other related materials in yards.
Ayes: Councilmen Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: Councilman Koetzle
Absent: None
Abstention: None
Motion Carried
RESOLUTION NO. 52-2009
Moved by: Councilwoman DiGiandomenico
Seconded by: Councilman Rosenberg
BE IT RESOLVED that the Monthly Departmental Reports for December, 2008 as received from the following:
Assessor Department
Building Department
Dog Control
Highway Department – Nov.
Justice Department
Planning Department
Section 8 Housing Payments
Town Clerk's Office
be, and they hereby are accepted, approved for payment and ordered placed on file.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstentions: None
Motion Carried
RESOLUTION NO. 53-2009
Moved by: Councilwoman DiGiandomenico
Seconded by: Councilman Rosenberg
BE IT RESOLVED, that the minutes of the regular meeting held on November 19, 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. 54-2009
Moved by: Councilman Rosenberg
Seconded by: Supervisor Quinn
WHEREAS, the Town of Glenville has authorized work by Carver Construction Inc. and Mark Kestner, P.E. on the Alplaus Sewer Project including expansion of capacity for Clifton Park, and
WHEREAS, the Town of Glenville has billed Clifton Park for their $136,000 responsibility for the excess capacity, and
WHEREAS, the Town Department of Public Works has expressed a need to pay contractors prior to Clifton Park’s payment being received,
NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby authorizes the inter fund borrowing from the Water Town District #11 fund up to $136,000 for the capital projects of Alplaus Sewer until the Clifton Park can pay for its share of the project this year to replace the due to and due from borrowing. The finance charge will reflect the interest income that the funds otherwise would have earned.
Ayes: Councilmen Koetzle, Quinn, Rosenberg, Councilwoman DiGiandomenico and Supervisor Quinn
Noes: None
Absent: None
Abstentions: None
Motion Carried
Town Administrator’s Report:
Tony Germano – “Since we are on finance let me just bring you up to date on two things; one is the shared services grant that we were fortunate to obtain from the Department of State for the Alplaus Sewer Project; that grant totals $579,000. At the end of December we had signed an intermunicipal agreement between Glenville and the Town of Clifton Park for them to join onto our sewer system, the extension that we put in to Alplaus. The last discussion we had with Clifton Park is they hope to have upwards of some 50 – 60 users on by the end of this year. The grant itself between our grant administrator, our comptroller and myself; we prepared the final report to go to the Department of State. I want to thank
the Alplaus Residents Association; they took pictures of the entire process and part of the documentation that we need to send to the Department of State on this project. We’re using those pictures in digital format so hopefully that complete application will make its way to the Department of State in the next couple of weeks. The Department of State tells us that we should receive funding over the next 90 days or so. Once that money is in hand we will be able to apply that to the debt which would be a significant reduction to the amount of money that the users in Alplaus will be paying for debt.
Some more good news, the Alplaus Sewer Project, we had submitted that project to the Environmental Facilities Corp. for some low interest loan money and up until a couple of weeks ago Alplaus was not on the final cut. We got a call from the Environmental Facilities Corp. we found out that Alplaus is now made the cut. They are now eligible for certainly low interest loan money for upwards over 2.7 million dollars that was spent for this project but in addition in talking to them we found out that Alplaus residents may be eligible for a hardship loan and that would be zero percent in terms of interest rates on a loan. We are filing out the application that is making its way to the Environmental Facilities Corp. and Dana and Cathy
are handling most of that and they are doing a superior job and we thank them for that. Our hope is that we will hear from EFC shortly as to the eligibility for, we hope, what is going to be a hardship, zero percent loan.
Disaster Assistance as the Supervisor said and as Councilman Koetzle said earlier, FEMA did declare an emergency disaster, not a major disaster, and there are some differences but what is good is the indecent period for this disaster starts on December 11th which is really the Thursday of the ice storm and runs through the end of December, December 31st. You may recall a week after the ice storm there was significant snows and I believe the overtime costs, equipment costs associated with the snow plowing that following week in addition to the town’s response to the ice storm on the 11th and 12th, 13th and 14th we’ll be eligible for federal reimbursement. The
way it would work is the federal government would reimburse the town up to 75% for all eligible costs, normally that is everything but straight-time, so overtime, any equipment costs, any measures that were taken to respond or recover from the disaster and the state will kick in another 12½% for a total of 87½% reimbursement.
Most of our cost is yet to come and it’s with all of the debris that we see and that we can still see when we drive through neighborhoods. We have estimated that there is about 3,500 tons of debris that are still throughout the town. The plan right now is that we will be meeting with the FEMA officials, we are providing our damage estimates and as soon as the snow melts and the weather cooperates we will have a plan in place to go out and pickup debris. We will give information to our residents about getting it as close to the road and as neatly as they can so it can be picked up.
Our estimate for two trips throughout town, this is only working on weekends and more of an overtime basis so it doesn’t compete with existing duties for this storm and in addition to police expenses and some of the damage we had in the park certainly with what the water department did and the running of generators and their response is now over $400,000 but that would be two passes through town to pick up debris.
We had a meeting with the representatives from the Public Safety Training Center today. They will be coming in shortly to unveil to us their plans to start development with what they are calling Phase I of their project. Phase I would entail the building of the tower, the actual fire tower itself for the training center, the building of a small office and classroom and the construction of the EVOC course for police training of defensive driving. Their hope is that they are going to get going shortly this year as soon as the weather cooperates and they will be meeting with the planning department.”
New Business
Councilwoman DiGiandomenico – “I have some good news. This evening at 5:30 I received a call from Scott Earl of County Waste saying he regrets that will not be able to attend our meeting this evening but that I should go ahead and read the following:
I would like to give an update on our standing with County Waste regarding the pick up of bagged leafs, grass clippings and brush. In the past County Waste, Scott Earl and former Highway Commissioner Andy Coppola had a gentlemen’s agreement that County Waste would pick up bagged leaves, grass clippings and brush at no cost to the Town of Glenville residents, however last year County Waste was notified by Clifton Park that they would no longer have tipping privileges from another town. County Waste had to drop their services to the Town of Glenville because they now have incurred tipping fees. According to DEC regulations towns are prohibited from transferring the bagged leafs, grass clippings and brush from one town to another. County Waste and the Town of Glenville reached an impasse in finding a solution
to the problem. At this time I approached County Waste, Scott Earl to see if we could resolve the issue. I held several telephone conversations with Scot Earl and Highway Commissioner Rick LeClair in an attempt to resolve the problem. During these discussions Commissioner LeClair said he could provide a location to stock pile bagged leafs, grass clippings and brush that met DEC regulations. County Waste, Scott Earl, has agreed to continue to pick up the bagged leafs, grass clippings and brush at no cost to the Town of Glenville residents as it has in previous years.
I would like to thank Scott Earl and Commissioner LeClair for their do-diligence in finding a solution to this problem. Again the Glenville Residents and Board want to thank County Waste, Scott Earl for their continued service.”
Supervisor Quinn – “Is your interpretation of that that they will pick it up and drop it some place to store it but it doesn’t get in put in any…it is not disposed of it is just stored.”
Councilwoman DiGiandomenico – “Right, Commissioner LeClair is making arrangements to have it disposed of.”
Councilman Quinn – “Well, only because the gentlemen’s agreement was brought up, are we going to get this in writing?”
Councilwoman DiGiandomenico – “No, it was not done in writing and it will not be done in writing in the future.”
Councilman Rosenberg – “That is great news but if it has become cost prohibited for them to get rid of the leaves I wonder how are we….we are paying tipping fees now to get rid of them. How are we going to get rid of this stuff?”
Councilwoman DiGiandomenico – “Since Commissioner LeClair is in the hospital he will attend our next work session and give you a run of how the whole process will happen.”
Councilmen Koetzle – “There has been some discussion about bringing the leaves to either neighboring…well you can’t bring them to a neighboring town according to DEC but there has been some discussion about providing them to some farm owners. We are land rich in Glenville. I think there is some question yet though however, Val can clear this up because she has done some work on this about how much you can actually dump on a residence property without needing a permit from DEC.”
Councilwoman DiGiandomenico – “The town can stockpile up to 3,000 sq yds and then it has to be distributed to another location, for instance farm land but there was no limitation as far as I know. Cubic yard”
Tony Germano – “County Waste does 3,500 cubic yards a year of bagged leaves, that is what they brought to the County Farm. So it would be almost a years worth of County Waste’s bagged leaves.”
Councilman Koetzle – “Who is going to get rid of it…the town is going to get rid of it or is County Waste going to get rid of it?”
Councilwoman DiGiandomenico – “We will stockpile it and get rid of it.”
Councilman Koetzle – “So our labor, our cost, or trucks.”
Councilwoman DiGiandomenico – “They will stock pile it here and then it is ours and probably the person that would like it on their land will come and pick it up at no charge. It is pretty much a win, win for us.”
Councilman Quinn – “Where is here, just so we know?”
Supervisor Quinn – “To be determined.”
Councilman Rosenberg – He mentioned that Metroplex was working with Scotia BID (Business Improvement District) on a grant program to improve the Turf Tavern and Scotia Motors.
The Board discussed Fire Protection District #4 and the possibility of moving the boundary lines in what is known as “No Mans Land” located in the Industrial Park.
The Town of Glenville Town Board Meeting was adjourned at 9:30 PM.
ATTEST:
______________________________
Linda C. Neals
Town Clerk
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