Town of Glenville - Town Board Meeting Minutes 7/15/2009

Town Board Meeting Minutes 7/15/2009

REGULAR MEETING OF THE TOWN BOARD

TOWN OF GLENVILLE

JULY 15, 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 7:00 PM; Councilman Quinn 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.

Supervisor Quinn opened the public hearing at 7:05 pm to consider any comments on the amendments to Chapter 128, Empire Zone, of the Code of the Town of Glenville constituting the addition of 22 acres.

Jesmarie Soto, Empire Zone Coordinator for the City of Schenectady – “The Schenectady Empire Zone is expanding the Empire Zone to include 220 acres; it will be adding 22 acres in the Town of Glenville. Currently there are a few grandfathered businesses in the Town and also the Scotia/Glenville Industrial Park does have an empire zone in it and that is 229 acres and that will remain unchanged.

We are adding in 22 acres, we are extending it from Freemans Bridge and taking in the east side of Freemans Bridge Road so it will be contiguous to the City’s Empire Zone. We are adding in the following properties; on Freemans Bridge Road we are adding in 2 Freemans Bridge Road & 4 Freemans Bridge Road, which are the Waters Edge Lighthouse Restaurant and the Marina as well as the banquet facility and those are grandfathered businesses. Also Freemans Bridge Road #’s 22, 34, 36 38 and 48 to Maple Avenue and parcel 30.19-1-30.2 so it does include the remediated brownfield site which is an opportunity to possibility bring in some development through the Empire Zone.

From 2001 to 2007 the Empire Zone certified companies located in the Town of Glenville have invested over 27.6 million and hired over 560 people. On a whole the Empire Zone throughout the County to total capital investment for 2007 was 45.9 million and the businesses reported in total 5,487 full-time equivalent jobs. This is an opportunity to further enhance the economic development climate in the Town of Glenville.”

Supervisor Quinn – “This is the Schenectady/Glenville Empire Zone, we are part and parcel, we have been part and parcel and continue to be part and parcel, and we’re just adding 22 acres.

This is a group that has been representing us during their monthly meetings. The Empire Zone in the past, the local zone, had the authority to consider any firms or organizations that wanted to apply for the benefits that come, basically tax savings more than anything else. The State is now going through a big change, so now we can recommend but not approve, so it is a State action now on who is going to be approved. In the past we would approve and they would sign off on it. We are just getting in under the wire on these additional 22 acres and that expands our total coverage. Any individual company that is coming forth now, while we review it and there is a whole set of criteria of what it takes and the score card is filled out on a company to see what will be the benefits of the company or the organization or the individuals, the final say is now going to be at the State.”

Councilwoman DiGiandomenico – “Why isn’t Niskayuna included with Glenville, the City and Rotterdam? Do they have a separate zone?”

Ms. Soto – “They don’t have a separate zone, it is based on need. We do have a few grandfathered businesses. The program has gone through a variety of changes and at one point a business was able to locate wherever but in 2005 they made us pare down and they gave us a certain amount of acreage that we have a total of 1,280 acres which with this boundary revision we are going to be using all of our acreage so we had to decide which areas needed it the most as far as unemployment, poverty rates and economic distress. They do have a few grandfathered businesses that can take advantage of the tax credit.”

Councilman Rosenberg – “Are we adding the Waters Edge Lighthouse Restaurant?”

Ms. Soto – “He is in the zone already, he is a grandfathered business so we are just bringing the zone to him so now if he decides he wants to have another expansion on his property he can get tax credits for that.”

Councilman Rosenberg – “If he was already in it is he included in this new 22 acres?”

Ms. Soto – “Yes he is, but his property did not count toward any acreage that we used before.”

No one else wished to speak; Supervisor Quinn closed the public hearing at 7:15 pm.

Town Council Reports:

Councilman Rosenberg reported that the Highway Superintendent had submitted the landfill report and passed copies out to the Board.

He also reported that about $200,000 of FEMA money had been received.

He also reported that he had met with the staff of the highway department and Rick LeClair, Highway Superintendent and went over some issues and answered some questions. He further reported that he is scheduled to meet with the water department staff tomorrow.

Councilman Koetzle updated the board on the status of the mortgage tax for 2009. The 2009 budget for collection is $615,000, approximately $489,000 has been collected to date so to meet our 2009 budget amount we need to collect about $42,000 in each of the next three months and based on our past collection trends we anticipate we should meet that budget number this year.

Councilman Koetzle also reported from the building department that there have been over 100 complaints filed this month and each of them has been answered.

Supervisor Quinn announced that item number 13 is being pulled a proposed local law to abolish the office of Receiver of Taxes.

Councilman Koetzle explained – “I think the feedback from the board at the work session and some discussion thereafter was that it would be too rushed at this point in the calendar and that it didn’t seem like that there was enough support and it seemed like the right thing to do at this point. I only sponsored this because I was the liaison and being asked by the board to look into it but it just isn’t something that is prudent at this juncture and I think it is too late in the year and that has been the general feedback.”

The following people exercised the privilege of the floor:

Tom Neals, Village of Scotia Trustee, thanked the Board on behalf of the Mayor, Village Board of Trustees and the village residents for acting on agenda item number 11, approving the extension of Fire Protection District No. 4 in the Industrial Park.

Supervisor Quinn explained – “It has been over 65 years that the Town of Glenville has had an area called “No Mans Land” in the Industrial Park and it doesn’t belong to a fire district. It is a product of when the military was there they provided fire services and then they left. No one has been responsible for fire services in those areas, tonight if we pass this we will be moving the boundaries and straightning out that problem along with another boundary problem we had with a fire boundary line that went through some buildings.”

Charles Loeber of Woodcrest Drive made the board aware that the majority of the residents are unaware of the town’s work sessions. I encouraged other people to attend these sessions.

Mr. Loeber stated that in April 2007 he became involved in the upper Woodcrest Drive sewer project. He received in July of 2007 a communication from the Woodhaven Homeowners Association that stated certain things that he felt were inappropriate and out of order. He contacted the Town Highway Superintendent, because he was the project manager for the sewer district. It took him three (3) weeks to get an answer to that communication. He had requested a written communication but he settled for an oral because he didn’t want to get into a he said, she said, they said. He further explained that on August 27, 2008 a year later he met with the town administrator to inform him of the problems that he was having. He informed the board that he was very professional, answered in a timely manner and had several meetings after that with him. He continued to explain that on December 8, 2008 he sent an email to each town board member explaining his problem in a 22 page document that detailed all of his concerns. He stated that he started using email because they are dated. On June 10^th he sent an email to a town official reiterating his problems that email was read on June 20^th the town official was our Town Supervisor and as of today he has not received a response.”

Supervisor’s Comments:

Supervisor Quinn shared the following information:

Supervisor Quinn asked the board to turn in their goals for 2010 as he starts to work on the tentative budget.

Do we want to do a re-evaluation in 2010? This is something that is obviously expensive. The last one we did was in 2006, knowing that was the last one if you have a desire to do this, the State changed something and then back tracked on it. Before we used to receive $5.00 per parcel, 11,000 parcels in the town but a re-evaluation costs much more than that so if we are going to do one we are only being reimbursed in our state aid at 85% according to the Office of Real Property. If you think that is something we should be doing in 2010 please let me know because while they originally took the $5.00 away since then they have gone back and put the $5.00 back in.

I wrote our elected official at the State and Federal levels requests for stimulus money. What has happened to the stimulus money that was to be working its way down to the towns as well as the counties; so far year-to-date we have not received anything. We put in for millions and we have received nothing, we didn’t even get an answer so I have been following up on the status of our requests. The two follow-ups that we received were from Assemblyman Tedisco’s office asked for some more information and that information was sent to them. Congressman Tonko responded and said they are also working on finding out what is going on. We missed the first cut as far as they can see from their end but it is not over, they are still going to be dealing with the stimulus money.

On the resolution before us tonight regarding Fire Protection District #4 the Village Board of Trustees adopted a resolution on the 8^th of July approving the expansion of FPD #4 in the Industrial Park. We got a letter from Beukendaal Fire Department saying they approve of it, now we got the letter from the Village saying they approve of it so we are all lined up should we vote this tonight and finally move that project on.

Supervisor Quinn moved ahead with the agenda items.

RESOLUTION NO. 114-2009

Moved by: Councilman Rosenberg

Seconded by: Councilwoman DiGiandomenico

WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State; and

WHEREAS, the City Of Schenectady, as an eligible municipality, received designation of an Economic Development Zone made up of sub-zones including portions of the Town of Glenville, City of Schenectady, and Town of Rotterdam; and

WHEREAS, New York State has amended the Zones program to increase benefits and allow additional sub-zones; and

WHEREAS, The City Of Schenectady intends to revise the Economic Development Zone boundaries (now referred to as Empire Zones) to encourage industrial and commercial development and to allow for additional acreage in the Town of Glenville that is contiguous to subzone 1 (The City of Schenectady); and

WHEREAS, the Town of Glenville is committed to the development of new businesses within the area of Zone expansion; and

WHEREAS, the Town of Glenville supports and concurs with the Empire Zone revision application;

NOW, THEREFORE, BE IT RESOLVED that the Town of Glenville Town Board does hereby support and concur with the Schenectady Empire Zone revision application to expand the boundaries of the Empire Zone to include the properties more particularly described as follows:

The addition includes 22 acres extending from the City of Schenectady across Freemans Bridge, beginning at N42 deg. 49 min. 44.048 sec. W73 deg. 55 min. 47.851 sec., and runs henceforth from said point of beginning to the following 32 points: 1) north, a distance of approximately 59 feet to coordinate N42 deg. 49 min. 44.62 sec. W73 deg. 55 min. 47.998 sec., 2) north-northwest, a distance of approximately 133 feet to coordinate N42 deg. 49 min. 45.825 sec. W73 deg. 55 min. 48.723 sec., 3) north-northwest, a distance of approximately 479 feet to coordinate N42 deg. 49 min. 49.711 sec. W73 deg. 55 min. 52.391 sec., 4) north-northwest, a distance of approximately 132 feet to coordinate N42 deg. 49 min. 50.904 sec. W73 deg. 55 min. 53.084 sec., 5) north, a distance of approximately 243 feet to coordinate N42 deg. 49 min. 53.257 sec. W73 deg. 55 min. 53.766 sec., 6) north, a distance of approximately 128 feet to coordinate N42 deg. 49 min. 54.518 sec. W73 deg. 55 min. 53.963 sec., 7) northeast, a distance of approximately 122 feet to coordinate N42 deg. 49 min. 55.348 sec W73 deg. 55 min. 52.76 sec., 8) northwest, a distance of approximately 7 feet to coordinate N42 deg. 49 min. 55.409 sec. W73 deg. 55 min. 52.808 sec., 9) north, a distance of approximately 208 feet to coordinate N42 deg. 49 min. 57.412 sec. W73 deg. 55 min. 53.424 sec., 10) north, a distance of approximately 812 feet to coordinate N42 deg. 50 min. 5.315 sec. W73 deg. 55 min. 55.294 sec., 11) northwest, a distance of approximately 329 feet to coordinate N42 deg. 50 min. 8.417 sec. W73 deg. 55 min. 56.641 sec., 12) northeast 190 feet to coordinate N42 deg. 50 min. 10.176 sec. W73 deg. 55 min. 55.727 sec., 13) southeast, to a distance of approximately 130 feet to coordinate N42 deg. 50 min. 9.383 sec. W73 deg. 55 min. 54.354 sec., 14) northeast, to a distance of approximately 50 feet to coordinate N42 deg. 50 min. 9.779 sec. W73 deg. 55 min. 53.93 sec., 15) southeast, to a distance of approximately 78 feet to coordinate N42 deg. 50 min. 9.462 sec. W73 deg. 55 min. 52.972 sec., 16) east, to a distance of approximately 268 feet to coordinate N42 deg. 50 min. 10.916 sec. W73 deg. 55 min. 49.958 sec., 17) east, to a distance of approximately 248 feet to coordinate N42 deg. 50 min. 12.613 sec. W73 deg. 55 min. 47.556 sec., 18) south, to a distance of approximately 226 feet to coordinate N42 deg. 50 min. 10.385 sec. W73 deg. 55 min. 47.186 sec., 19) southeast, to a distance of approximately 230 feet to coordinate N42 deg. 50 min. 8.239 sec. W73 deg. 55 min. 46.157 sec., 20) southeast, to a distance of approximately 161 feet to coordinate N42 deg. 50 min. 6.791 sec. W73 deg. 55 min. 45.253 sec., 21) southwest, to a distance of approximately 947 feet to coordinate N42 deg. 49 min. 58.903 sec. W73 deg. 55 min. 52.098 sec., 22) southeast, to a distance of approximately 163 feet to coordinate N42 deg. 49 min. 57.558 sec. W73 deg. 55 min. 50.876 sec., 23) northeast, to a distance of approximately 359 feet to coordinate N42 deg. 50 min. 0.565 sec. W73 deg. 55 min. 48.335 sec., 24) southeast, to a distance of approximately 386 feet to coordinate N42 deg. 49 min. 57.22 sec. W73 deg. 55 min. 45.858 sec. 25) southeast, to a distance of approximately 318 feet to coordinate N42 deg. 49 min. 54.381 sec. W73 deg. 55 min. 47.675 sec., 26) southwest, to a distance of approximately 141 feet to coordinate N42 deg. 49 min. 53.216 sec. W73 deg. 55 min. 48.72 sec., 27) west, to a distance of approximately 147 feet to coordinate N42 deg. 49 min. 53.344 sec. W73 deg. 55 min. 50.685 sec., 28) northwest, to a distance of approximately 182 feet to coordinate N42 deg. 49 min. 54.074 sec. W73 deg. 55 min. 52.918 sec., 29) south, to a distance of approximately 209 feet to coordinate N42 deg. 49 min. 52.039 sec. W73 deg. 55 min. 52.473 sec., 30) southeast, to a distance of approximately 210 feet to coordinate of N42 deg. 49 min. 50.088 sec. W73 deg. 55 min. 51.501 sec., 31) southeast, to a distance of approximately 425 feet to coordinate N42 deg. 49 min. 46.645 sec. W73 deg. 55 min. 48.234 sec., 32) southeast, to a distance of approximately 177 feet to coordinate N42 deg. 49 min. 45.106 sec. W73 deg. 55 min. 47.102 sec.

Subzone 2 consists of 229.47 acres in Corporations Park and Scotia-Glenville Industrial Park, and the lands between them, beginning at a point at the northeast corner of building 801 in Corporations Park and runs thence from said point of beginning the following twenty courses: 1) northwest, a distance of approximately 3,735 feet to the coordinate N42 deg. 50 min. 35.52 sec. W 73 deg. 59 min. 16.98 sec., 2) northeast, a distance of approximately 426 feet to the coordinate N42 deg. 50 min. 39.27sec. W 73 deg. 59 min. 14.40 sec., 3) northwest, a distance of approximately 3,777 feet to the coordinate N42 deg. 50 min. 56.78 sec. W 73 deg. 59 min. 59.24 sec., 4) southwest a distance of approximately 183 feet to the coordinate N42 deg. 50 min. 55.16 sec. W 74 deg. 00 min. 0.35 sec., 5) southeast, a distance of approximately 916 feet to the coordinate N42 deg. 50 min. 47.24 sec. W 73 deg. 59 min. 54.41 sec., 6) southeast, a distance of approximately 180 feet to the coordinate N42 deg. 50 min. 46.21 sec. W 73 deg. 59 min. 52.45 sec., 7) south-southeast, a distance of approximately 855 feet to the southwest corner of the Supersteel building, 8) southeast along the face of the Supersteel building extended approximately 723 feet to the western edge of building 203, 9) southwest along the western faces of buildings 203 and 204 to the southwest corner of building 204, 10) southeast along the southwest face of building 204 approximately 705 feet to the coordinate N42 deg. 50 min. 28.86 sec. W 73 deg. 59 min. 32.09 sec.,11) south-southwest, a distance of approximately 396 feet to the coordinate N42 deg. 50 min. 25.37 sec. W 73 deg. 59 min. 34.48 sec., 12) southeast, a distance of approximately 790 feet to the southwest corner of building 406, 13) southeast along the face of building 406 approximately 650 feet to the building’s southeast corner, 14) northeast approximately 500 feet to the northeast corner of building 405, 15) east-southeast approximately 885 feet to the northwest corner of building 605, 16) southwest approximately 512 feet to the southwest corner of building 606, 17) southeast approximately 1,368 feet to the southeast corner of building 706, 18) northeast approximately 610 feet to the southeast corner of building 704, 19) southeast approximately 750 feet to the southeast corner of building 804, 20) northeast approximately 1,110 feet to the point of beginning;

and

BE IT FURTHER RESOLVED, that Chapter 128 (Empire Zone) of the Code of the Town of Glenville is hereby amended to reflect the addition of properties to the Empire Zone within the Town of Glenville, totaling 22 acres, as described above.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 115-2009

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Quinn

WHEREAS, by application dated June 5, 2009 and pursuant to Code of the Town of Glenville, the Ladies Auxiliary of the Alplaus Volunteer Fire Company No. 1 Inc., [Paddling for a Cure] has applied for a permit to conduct Outdoor Amusement/Entertainment at the Burnt Hills Rowing Association Maritime Road in Alplaus on July 19, 2009, Sunday from 6 AM to 3 PM: and

WHEREAS, said application did include permission of the owner of the property on which said Amusement/Entertainment will be conducted, and the necessary insurance coverage; and

WHEREAS, said application has been referred to the Chief of Police, Town of Glenville and the respective Fire Chief of the area in which said entertainment will be conducted and the Schenectady County Environmental Health Department, as required by the Code of the Town of Glenville.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the Ladies Auxiliary of the Alplaus Volunteer Fire Company No. 1, “Paddling for a Cure” be and it hereby is approved; and

BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Alplaus Fire District #2 Chief and the Schenectady County Environmental Health Department.

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

Noes: None

Absent: None

Abstention: None

Motion Carried

RESOLUTION NO. 116-2009

Moved by: Councilman Rosenberg

Seconded by: Councilwoman DiGiandomenico

WHEREAS funding has been made available under a competitive grant process through the NYS Justice Departments Justice Court Assistance Program for funding of municipal court security projects,

WHEREAS it is in the best interest of the Town of Glenville to apply for available funding to assist with the financing of such projects for the Town Court,

WHEREAS the Town of Glenville’s Board approves the submission of an application for funding under the 2009 Justice Court Assistance Program (JCAP) with a request amount not to exceed $30,000,

NOW THEREFORE BE IT RESOLVED that Frank X. Quinn, Supervisor of the Town of Glenville, is authorized execute all necessary documentation for the 2009 JCAP application for court funding under the NYS Department of Justice.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 117-2009

Moved by: Councilman Koetzle

Seconded by: Councilman Rosenberg

WHEREAS, the Town Board of the Town of Glenville, in the County of Schenectady, deems it advisable that Fire Protection District No. 4 of said Town be extended to include the territory described as follows:

Commencing at a point in the center line of Amsterdam Road aka Mohawk Avenue aka NYS Route 5 at a point where the extension southerly of the westerly line of Extension of Fire Protection District 4 intersects said road and runs thence northerly and along the westerly boundary of Fire Protection District 4 about 2500 feet to the northwesterly corner of the Extension of Fire Protection District 4 said point also being in the southerly boundary line of Fire District 5; thence westerly along the southerly boundary of District 5 about 3000 feet to the extension northerly of the center line of B Street; thence southerly along the extension and along the center line of B Street and as extended southerly about 1900 feet to the center line of Amsterdam Road aka Mohawk Avenue aka NYS Route 5; thence easterly along the center line of Amsterdam Road about 3100 to the point or place of beginning, and

WHEREAS, said Town Board duly adopted on the 15th day of April, 2009, a resolution providing that said Town Board shall meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY 12302, on the 6th day of May, 2009, at 7:00PM, to hear all persons interested in the matter of the extension of such Fire Protection District, and notice of such hearing was duly published and posted as prescribed by law and said Town Board has, at the time and place specified in said notice, duly met and considered the matter of such extension and heard all persons interested in the subject thereof who appeared at such time and place, concerning the same, and

WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Glenville, in the County of Schenectady, that it be and hereby is determined as follows:

(1) That all of the property and property owners within the proposed extension of said Fire Protection District are benefited thereby.

(2) That all of the property and property owners benefited are included within the proposed extension of said Fire Protection District.

(3) It is in the public interest to extend the existing Fire Protection District No. 4 of said Town to include the territory hereinbefore described, and be it

FURTHER RESOLVED, that the Town Board hereby does approve the extension of said Fire Protection District No. 4 of said Town, to include the territory hereinbefore described, and the said Fire Protection District is hereby extended to include said territory, and be it

FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized and directed to file a certified copy of this resolution in both the office of the State Department of Audit and Control, at Albany, New York, and the Office of the Schenectady County Clerk within ten days after the adoption of this resolution, and be it

FURTHER RESOLVED, that the Town Supervisor be and he hereby is authorized and directed to execute, on behalf of the Glenville Town Board, any and all papers necessary to complete this district extension.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 118-2009

Moved by: Councilman Koetzle

Seconded by: Councilman Quinn

WHEREAS, the Town Board of the Town of Glenville, in the County of Schenectady, deems it advisable that Fire District No. 5 of said Town, commonly known as Beukendaal Fire District, be extended to include the territory described as follows:

Beginning at a point in the center line of the former Glindmyer Lane (also known as Velie Road) about 200 feet southerly of the Boston and Maine Railroad right of way at the point where the southwesterly corner of Fire District 5 intersects the easterly line of former Fire District 9 and runs thence along the center line of the former Velie Road about 1750 feet to the center line of Amsterdam Road aka Mohawk Avenue aka NYS Route 5; thence easterly along the center line of Amsterdam Road about 400 feet to the extension southerly of the center line of B Street; thence northerly along the extension and along the center line of B Street and as extended northerly about 1900 feet to southerly boundary of Fire District 5; thence westerly along the southerly boundary of Fire District 5 about 200 feet to the point of beginning, and

WHEREAS, said Town Board duly adopted on the 15th day of April, 2009, a resolution providing that said Town Board shall meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY 12302, on the 6th day of May, 2009, at 7:00PM, to hear all persons interested in the matter of the extension of such Fire District, and notice of such hearing was duly published and posted as prescribed by law and said Town Board has, at the time and place specified in said notice, duly met and considered the matter of such extension and heard all persons interested in the subject thereof who appeared at such time and place, concerning the same, and

WHEREAS, the Commissioners of Fire District No. 5 have consented to the proposed extension as required by Town Law §170(3), and

WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Glenville, in the County of Schenectady, that it be and hereby is determined as follows:

(1) That all of the property and property owners within the proposed extension of said Fire District are benefited thereby.

(2) That all of the property and property owners benefited are included within the proposed extension of said Fire District.

(3) It is in the public interest to extend the existing Fire District No. 5 of said Town to include the territory hereinbefore described, and be it

FURTHER RESOLVED, that the Town Board hereby does approve the extension of said Fire District No. 5 of said Town, to include the territory hereinbefore described, and the said Fire District is hereby extended to include said territory, and be it

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

Supervisor Quinn – “Item #14 is a resolution to amend the Town Board liaison system. We currently have a liaison system where Town Board members are appointed at the beginning of the year or any subsequent changes during the year as liaison between the Board and the various departments of the town. The idea is so the information from the Board can get to the department head and the department head has a direct link, as well as their staff, to the town board. The resolution that is before us is tonight will amend that.”

Discussion…

Councilman Koetzle – “I brought this forward because for sometime our liaison system has been under some strain and there has been some problems for a while, but lately I think it has been under an even greater strain and therefore in the spirit of moving forward into the budget season with some certainty and with as few problems as possible through this important communication period it’s my suggestion that we support doing away with the liaison system until the end of the year and at the organizational meeting have an opportunity to re-visit it at that time.”

Councilwoman DiGiandomenico – “The liaison system has been a big thorn in my side from day one, since I have been elected. As you probably noticed I sit here at all of these meetings and you don’t hear from me very often because I have not been assigned the liaison to any leading department. So in effect I have been muzzled for three and one-half years and I am the social director from your standpoint, but I am sure that if you come to the work sessions as Mr. and Mrs. Loeber have, I do voice my opinion and I am very outspoken. I have not been given the liaison to departments that report on a monthly basis so I am not in favor of this liaison system that I as an elected official have to go through another board member to speak to a department head. To me it is totally, totally out of character. So I am not in favor of this liaison system and haven’t been since day one. I have voiced my concerns as to why I do not have any other department heads to report on and I was told that the person with the most expertise is made the liaison, I guess that tells me where my expertise is but I am a fighter and I will continue to fight for the taxpayers.”

Councilman Rosenberg – “I have some questions on your proposal because it is a pretty short resolution. You mentioned that there were problems with the liaison system, which this was going to fix. What are the problems?”

Councilman Koetzle – “There are numerous problems that I don’t have cataloged here tonight but if you want to talk about it later we can certainly talk about it. It is my estimation that the communication through the Town Administrator would be better served going into the budget cycle for the remainder of this year and that is why I put the resolution forward.”

Councilman Rosenberg – “What’s the avenue for the department heads absent the liaison system if the Chief of Police, for instance, has an issue that he wants to bring to the Board? He also has to report to the Administrator?”

Councilman Koetzle – “It’s essentially replacing the liaison system so it’s certainly implied that the Administrator is the “gate keeper” of communications so that would be going out communication and coming in communication.”

Councilman Rosenberg – “So everybody on both sides has to rely on one person and his interruption of that information back to the Board.”

Councilman Koetzle – “Yes”

Councilman Rosenberg – “What if the Administrator is out on vacation or sick, what’s the plan there?”

Councilman Koetzle – “I guess if you as the liaison were out or sick what would happen is I believe the chain would be then you go to either the Administrator or the Supervisor so I would say that if the liaison is not available the Supervisor would certainly be able to act in that capacity.”

Councilman Rosenberg – “So if the Administrator is not here then everything goes to the Supervisor.”

Councilman Koetzle – “Yes, it would be the same chain of command.”

Councilman Rosenberg – “Have you sought out or received any input from any of the department heads that this effects, which is pretty much all of them?”

Councilman Koetzle – “The Administrator did and we got back that this change was generally well received, this change.”

Councilman Rosenberg – “So all of the department heads are in favor of abolishing the liaison system?”

Councilman Koetzle – “Not 100% but generally more are in favor than not.”

Councilman Rosenberg – “What is generally, is it 60%...

Supervisor Quinn – “Let me add to that, I asked the Administrator to poll them all, please share their responses.”

Tony Germano, Administrator – “Out of 14 departments we had 2 that said they preferred to keep the system the way it is and we had one that basically said that we don’t need the liaison system and all of the rest felt that if the Board so chose to adopt this resolution they would be happy with it.”

Councilman Rosenberg – “Another question that comes to my mind is we have committees and commissions that the liaison now goes to those meetings and reports back to the Board, is the Town Administrator going to go to all of those meetings?”

Councilman Koetzle – “I think that was brought up in the work session, if you remember, I think by Councilman Quinn that the commissions remain as they are and the Board members would not give up their ex-officio status they would continue to attend the meetings.”

Councilman Rosenberg – “I thought that his…maybe I missed something, I thought his impression…I thought what Councilman Quinn said was that anybody could go to any meeting anytime they want, what I am asking for is how does this system support those commissions, instead of anybody just showing up whenever?”

Councilman Koetzle – “This resolution was discussed during our work session and there were no questions at that time from any of the Board members. My understanding of that discussion was that the commissions would remain as they are and I thought that was understood by everyone in that room. If you had a question at that time maybe you should have clarified it at that time.”

Councilman Rosenberg – “Can I ask you when I saw this resolution?”

Councilman Koetzle – “I don’t know, when you got your packet.”

Councilman Rosenberg – “The first time I heard about this was at the work session, so if your expectation is that I should have all my questions about your resolution that I just was handed…

Councilman Koetzle – “No, that resolution was sent our last Friday; you could have communicated these questions when you got your packet last Friday.”

Councilman Rosenberg – “I have them now and I want to discuss it…

Councilman Koetzle – “I am just suggesting to you that this was already discussed and it was clear to everyone else I thought but maybe not.”

Councilman Rosenberg – “It wasn’t clear to me so I am asking for clarification. So what you are saying is that the Supervisor will still appoint someone to go to those meetings? Is that part of the intent of this?”

Councilman Koetzle – “As I understand our discussion and the agreement at the work session is this is for department heads, those were the ones that Tony talked to and heard from, it doesn’t impact the committees and commissions at this point. The Supervisor still has the right to change it if he so chooses but that was not my intent.”

Councilman Rosenberg – “What is the significance of the December 31^st date?”

Councilman Koetzle – “Just that the next organizational meeting is the first meeting in January which is a good opportunity for the Board to get together and set the organizational structure. Historically the liaisons are assigned at that time and not changed until that time again, that has been the historic way that it has been done so it seems like an appropriate time to revisit the whole system and at that point make…the Board can continue to work under this if this is adopted or the Board can, at that time, continue to use the liaison system.”

Councilman Rosenberg – “Under the system that you are proposing with your resolution if I want to talk to a department head I can’t, I have to go through the Town Administrator, is that what you are proposing?”

Councilman Koetzle – “I am proposing the same system that we had for the liaison system so the same respect that a Board member gave to that system I would expect for this system. That doesn’t mean that the Board member is necessarily bound, as I understand in our discussion, by any punishment or any reason why they can’t talk to somebody so I am suggesting the same level that we gave the liaison system we give to this system.”

Councilman Rosenberg – “So your proposal for instance with Val’s concern that now with the liaison system she has to go through the liaison to talk to a department head. What you are saying is she still isn’t going to be able to talk to that department head she needs to go through the Town Administrator?”

Councilman Koetzle – “I think and I won’t talk for Val because she is sitting right here, but I think she has always, even in the liaison system, talked to department heads and if she so chooses she would.”

Councilman Rosenberg – “I only gave her as an example to answer my question as to whether or not she would have the ability through your system to go to the department head.”

Councilman Koetzle – “Neither the liaison system nor this system would prohibit anyone from talking to anyone. I am not looking into superseding the first amendment here. You still have the right to talk to who ever you want; you are not going to be hauled into town court because you talked to somebody.”

Councilman Rosenberg – “I am asking what your proposal is?”

Councilman Koetzle – “The same respect we give the liaison system, I ask we give this system. Whatever you deem that in your mind to be then that is what I am asking. If you felt with the other liaison system, you didn’t want to follow and you talked to somebody the same principal holds here. You are not going to be punished for doing so.”

Councilman Rosenberg – “I think we are talking about two different things. I am asking what the spirit of the resolution is not about someone’s behavior outside it.”

Councilman Koetzle – “The spirit of the resolution is that the Administrator replaces the Board member as liaison, so all that changes is A changes to B. If prior we didn’t respect A’s liaison role there’s no reason why we have to respect B’s at this time. I think that is what you are asking.”

Councilman Rosenberg – “No, I am asking what the intention is, not what someone’s behavior is. I think I have the answer, your answer is that the structure is set up so that if someone wants to talk to the department head it is designed to go through the Town Administrator.”

Councilman Koetzle – “Yes, there are no penalties in here for someone not to follow it.”

Councilman Rosenberg – “There wasn’t before.”

Councilman Koetzle – “Right and that is exactly what I said.”

Supervisor Quinn – “If I have it right, we will keep the liaisons to the commissions and committees. If a department head goes to a board member then the board member owes it to the administrator a heads up this is what they came to me about or visa versa. The budget items from the departments will come up through the administrator’s office and then we will all debate it and hold public meetings. Since we have three elected officials who are, as we all know, department heads they have an independent status of their own but we expect them to conform to this same system from now to the end of the year.”

Councilman Koetzle – “Mr. Supervisor, I think you hit it on the head and I thought I had talked about this in the interim. The spirit of this is really to work with the department heads during the budget process because it is such a critical time and never did we really mention that the committees or commissions would be involved.”

Councilman Quinn – “This just came to mind with regard to this town board meeting procedure and any that have come before us, historically the department liaison has introduced the legislation so to speak, if something comes directly out of one of our departments and we’re really not the liaison what is the expectation of who’s going to actually make the motion, who is going to actually introduce the resolution, etc.?”

Supervisor Quinn – “As periodically happens business will come up from the operators in the departments and we need to adapt or change policy or procedure in the town and as Councilman Quinn pointed out the liaisons traditionally have been the one to introduce the legislation and of course if it gets a second and it gets discussed and it gets voted on it goes somewhere. If I understand you, what’s going to be the vehicle for that process to keep going?”

Councilman Koetzle – “If I could just suggest that there is a flip side of that coin where we have had many members of this board in the past want to sponsor something and couldn’t because the liaison did it and it might have been there idea. There is another side of that too so maybe throughout the work session which is a vehicle to flush out these resolutions we pick up sponsorship during the work sessions. People can sponsor what ever they like and you could have multiple sponsors just like any other legislative body. There are procedures and functions for that to be done, so I would suggest we might follow any one of the legislative bodies that allow sponsors to sign on at any point that they want to in the process.”

Supervisor Quinn – “In effect, if I have it right, from now until the end of the year actually any town board member can make a resolution as opposed to what Councilman Quinn was bringing up that in the past it had been the liaison and if it isn’t now, which was always true anyway, any town board member could put a resolution before the board, have it seconded and discussed and then we debate it.

Well we are talking about four or five months let’s just see what happens.”

Councilman Rosenberg asked the Town Administrator if he felt he would have enough time to pick up the added responsibility.

Tony Germano – “Do I have enough time, I don’t know. This is going to be a test; it is going to be a good test. The key is making sure that there is not a bottle neck of information. That is going to be a challenge.

The other key is there will be a certain amount of filtering, there has to be so we are going to have to, I guess, experiment in terms of how much information do we pass.”

Councilman Koetzle – “If I could just, again, suggest that under the current liaison system if one of us felt like we weren’t getting the information that we deserved or needed or felt clarified. I think the courtesy to the liaison was; you know what I’d like to talk to the Chief myself and that was fine. So I think the same holds true here, if we are talking to Tony and we don’t feel like we are getting what we really need, I think just a simple; Tony, I’d like to talk to them myself and I think that would be appropriate. I don’t see any earth shattering changes here other than the “gate keeper” of communications during the budget process is all I am suggesting from the department heads.”

RESOLUTION NO.119-2009

Moved by: Councilman Koetzle

Seconded by: Councilman Quinn

WHEREAS, The Glenville Town Board is committed to enhancing Town Government operations, administration and communications between Board Members and Town Department’s to ensure that delivery of services are as effective and efficient as possible;

NOW, THEREFORE, BE IT RESOLVED THAT effective immediately and until December 31, 2009, the traditional Town Board Department Liaison system will be replaced and all requests for information and direction from Town Board members will be provided directly to the Town Administrator for coordination and action with each of the Town Department Heads and their Programs. The Town Administrator will furnish Town Board Members with necessary operational and administrative briefings and information as necessary to facilitate their legislative, appropriating, governing and policy functions as identified within New York State Town Municipal Law.

Ayes: Councilmen Koetzle, Quinn and Councilwoman DiGiandomenico

Noes: Councilman Rosenberg and Supervisor Quinn

Absent: None

Abstention: None

Motion Carried

RESOLUTION NO. 120-2009

Moved by: Councilman Rosenberg

Seconded by: Councilman Koetzle

WHEREAS, the Glenville Public Safety Committee currently has two vacancies due to the resignations of Joe Homer and Jim Pennie,

NOW, THEREFORE, BE IT RESOLVED, that Jenna McPhail, 49 Spring Road, Glenville, NY, 12302 and Tom Weaver, 157 Maple Avenue, Glenville, NY 12302 be and are hereby appointed to the Glenville Public Safety Committee, effective immediately for a term ending December 31, 2009.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION NO. 121-2009

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Koetzle

BE IT RESOLVED that the Monthly Departmental Reports for June, 2009 as received from the following:

Assessor Department

Building Department

Dog Control

Highway Department

Human Services

Justice Department

Planning Department

Receiver of Taxes

Section 8 Housing Payments

Town Clerk's Office

Water & Sewer 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

RESOLUTION NO. 122-2009

Moved by: Councilwoman DiGiandomenico

Seconded by: Councilman Rosenberg

BE IT RESOLVED, that the minutes of the regular meeting held on June 17, 2009, are hereby approved and accepted as entered.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

RESOLUTION 123-2009

Moved by: Councilman Koetzle

Seconded by: Councilman Quinn

WHEREAS, the Town of Glenville Small Business and Economic Development Committee has endorsed production of a Welcome to Glenville packet that would contain general information about Glenville, a business directory and a business coupon booklet, and

WHEREAS, the Glenville Business and Professional Association will partner with the town to solicit advertising for the coupon booklet, and

WHEREAS, quotes for a welcome packet in the style described above totals $4,023.94 for one-thousand packets, and

WHEREAS, the Welcome Packets are expected to have a useful life of a minimum of two years, will provide a template for production of similar information in the future, create stand-alone information that can be useful to the general public and business, as well as promote and support Glenville-based businesses,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville does hereby authorize the transfer of funds in the amount of $4,100 from Fund Balance to 02 00 1990 4600 for the purpose of supporting the production of the Welcome to Glenville Packet, and

BE IT FURTHER RESOLVED, that revenue received through the sale of space in the coupon booklet will be used to offset the production expense to the greatest degree possible.

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

Noes: None

Absent: None

Abstentions: None

Motion Carried

Town Administrator’s Report:

Tony Germano – “I have a short report tonight, first a couple of items on staffing. Our Town Clerk tells us that our Deputy Clerk will be returning on Monday, of next week. As a young child growing up I remember the guy that use to spin the plates, he had all of the plates lined up, well in the last 8 weeks that was Linda, she was spinning all of the plates and you know something not one plate dropped, thank you.

Carl Quinlan after 8 weeks will be returning to the Senior Center. I believe his day back will be August the 4^th and he is coming back for a full duty and we missed him down there.

The Supervisor talked a little bit about the communication central dispatch and I just want to echo a point that I think is worth spending a little bit more time on because we’ve talked to a couple of residents and it has to do with the 1.5 million dollars we are spending for a radio communication enhancement. A couple of residents had said “now that the county is getting something do we still need to spend 1.5 million?” and the answer is yes. As the Supervisor mentioned what the county is doing is they are building the infrastructure, they are building the house that would contain the central dispatch operation with the personnel to operate the central dispatch. They are not buying equipment so what ever you have in the seven municipalities by way of communications capability you bring that to central dispatch that is what you get. Right now we have some 45% communication coverage with radio, with the new system that is being put in we will have 95%. When that is completed if there is a consolidated dispatch we would bring that 95% coverage to the table rather then the 45% where we are at now.

Frank had mentioned that we had several meetings with the county about credits because they may need our towers and obviously they will be operating our communications equipment. Our understanding is we would get some kind of a credit if and when there is a consolidation.

Another point on communications, the tower on Church Road is expected to go up, this is the 180’ tower, and we will start to see construction probably in about 2 weeks time. Our contractor is on site, starting to do some prep work. As a result of some of the heavy rains that we have had the grounds are still pretty wet so they are not able to pour concrete yet, but he tells us in about two weeks time they will start construction of the tower on the Church Road site.

A quick update on Lowe’s; they’re on schedule. They are proceeding with everything that they said they were going to do and when they were going to do it. They’re still scheduled to open that store in the forth quarter of this year. The Freemans Bridge Road enhancements that Lowe’s has agreed to do, which will really be turning lanes from Maple Avenue all the way to Lowe’s Drive as well as pedestrian access as best as we can gauge at this point that will probably start some where in September. The utility poles should be moved by then, which will allow for a complete road pavement. Lowe’s has assured us that there will be minimal disruptions with respect to traffic. Their site manager is willing to talk to any business owner, especially on Freemans Bridge Road, about any accommodations that they may have to make during the build-out of the road project.

The last thing that I want to talk about is the liaison system. I will do everything that I can do to make sure that information process, both ways, is information that you can use. I think one of the advantages of this new approach for the next couple of months is that you will probably all get information at the same time, it will be refined, as will department heads and I think that could be an advantage. There’s going to be some slips and starts. In the next week or two, based on your discussion, I will distribute at least my ideas and recommendations for how we go forward. You can then give me your direction. We will do everything we can, obviously, to make this work.”

Councilman Quinn – “With regard to central dispatch, I guess my first point is, all of the various entities are coming to the table with different types of technology of different ages, whether they are scaleable or not. I know that ours, one of the reasons we wrote the RFP the way we did is so they could incorporate ours into theirs if need be down the road. All though they have the power to manage the site they’re going to get the employees, they’re going to get our equipment, we still end up being the taxing entity on this thing, and you have heard nothing to the contrary?”

Supervisor Quinn – “No, they are going to bill us.”

Councilman Quinn – “If we choose not to participate in the program are they still insisting on billing each town or village?”

Supervisor Quinn – “That has not been addressed to my knowledge. They haven’t come down to the numbers yet and I have been lobbying the other Town Supervisors saying “remember we shouldn’t get wrapped around the axle with this until you get numbers in front of you and actually see what is this operating cost going to be for a year? This started out or the study was and that is all that has been done so far, was that we all would contribute basically what we are paying for the service now; if you are just studying this then that’s okay but if not do not except this as an agreement that we are going to pay this.”

Councilman Quinn – “The latest that you are hearing is that even after a consolidation of services there will be no reduction in man power?”

Supervisor Quinn – “That’s the word on the street and I have heard that three times and it doesn’t make sense to me.”

Councilman Koetzle – “Tony, I saw the budget time line you distributed and it looks like it complies with the “Truth in Budgeting” that we passed earlier this year. Any concerns or issues or problems you foresee in meeting all those things that we set forward?”

Mr. Germano – “The only one issue is will we be able to do the department budget briefs the same time that we have town board meetings and I think that may force us to go to an additional meeting for department heads. But until we run the first one we just won’t know.”

Councilman Koetzle – “All department head briefings will be on camera?”

Mr. Germano – “Yes, I think the beauty of the schedule is that everything will happen on a Wednesday night at 7:00 pm. We have one meeting that is not here and that will be held down at the Senior Center and I believe that is September the 9^th, which is your regular work session and it will be set up that way except we will have a camera there.

The schedule will be put on our website and any other vehicle that we can get out indicating that these are community budget forums and that is the first purpose for the meeting and then other business will follow. If there is an abundance of regular business to be done that may necessitate, as the Supervisor said, another work session or a special meeting to make sure that we are taking care of business.

I think in short the schedule that is in place compared to past years probably accelerates, for the department head, the preparation of the budget by about two weeks and the rest of it falls pretty close to the way we have done it in the past. The only additions are the couple of community forums that we are holding to brief the public.”

Supervisor Quinn – “I have an issue that I need the board members feelings on. The subject matter is the Charlton Water District; they buy water from us, they just moved from one town hall to another. Literally the staff carried boxes of files from the old building to the new one, opened up the town hall and could not quite get all of their computers to work therefore they missed the payment for the water bill. Now there is a penalty attached to that of $3,900. My recommendation is since they have had some mitigating and extenuating circumstances that figured into this, being they did send in the money it was just a few days late, and they are such a long term customer here I would like your thoughts on should we wave this penalty or not?”

After much discussion the board voted on waving the penalty.

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

Noes: Councilman Koetzle

New Business:

Councilman Koetzle reported to the board that the Building Department logged over 100 complaints in one month regarding the poor maintenance on properties in the town. He asked to discuss this further at the next work session.

Councilman Rosenberg asked to add the following items to the next work session agenda; the use of FEMA money and the purchase of a new truck in the highway department.

The Town of Glenville Town Board Meeting was adjourned at 8:50 pm.

ATTEST:

______________________________

Linda C. Neals

Town Clerk