Town of Glenville - Town Board Meeting Minutes 8/18/2010

Town Board Meeting Minutes 8/18/2010

REGULAR MEETING OF THE TOWN BOARD

TOWN OF GLENVILLE

AUGUST 18, 2010

AT THE GLENVILLE MUNICIPAL CENTER

18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

Supervisor Koetzle called the meeting to order at 7:30 PM; gave the Invocation and led us in the Pledge of Allegiance.

Supervisor Koetzle asked the Town Clerk, Linda C. Neals, to call the roll.

Present: Supervisor Christopher A. Koetzle, Councilman Sid Ramotar and Councilwoman Gina M. Wierzbowski

Absent: Councilmen Alan Boulant and Mark Quinn

Also present were Attorney Michael Cuevas, Deputy Highway Superintendent Jeff Gemmette, Director of Operations James MacFarland and Comptroller George Phillips.

Supervisor Koetzle introduced Colonel Tim LaBarge, who presented the 109^th Airlift Wing history, organization mission and major initiatives. Supervisor Koetzle stated that he had the opportunity to work with the Colonel as a representative from the Town of Glenville on the SMAC Committee. I felt this was a good time for the Colonel to give us an overview of the 109^th.

Copies of the presentation are available in the Clerk’s Office.

Town Council Reports:

Councilman Ramotar – “We are still working on getting County approval for Glenville’s Oktoberfest, which is moving right along so we should be getting that approval soon.

Town staff and I met with a local business that is looking to expand and possibly moving out of Glenville. We’re working with them to try and keep them in Glenville.”

Supervisor Koetzle – “I really have to hand it to Councilman Ramotar, Oktoberfest has been on the SBED (Small Business and Economic Development Committee) agenda for two years and he has been able to make it happen. I appreciate it and I am excited about it.”

Councilwoman Wierzbowski – “I would like to mention that on August 30^th at 7:00 pm hear at Town Hall there will be a meeting of the group called Save the Indian Kill Field. They are the individuals that live on Cedar Lane, whose homes back up to the field next to the Glendale Nursing Home. They are just trying to get their voice heard as far as addressing concerns about the field and the open space. Anyone is welcomed to attend and hear what they have to say.

I will be there as well as Supervisor Koetzle. I understand that possibly Assemblyman Tedisco, Legislature Farley and Legislature Buhrmaster will also most likely be in attendance.”

The following people exercised the privilege of the floor:

Dan Hill, town resident updated the board members on the National Grid’s new transmission line to go parallel to the existing line, which starts in Rotterdam, crosses the Mohawk River, continues along the west line of Maalwyck Park, crosses Amsterdam Road, Vley Road, Ridge Road, Swaggertown Road and continues on up.

He stated that since the application process the parties participating in the process have been asking National Grid many different things and National Grid has been responding to them. There have been several public statement hearings.

The public statement hearings sponsored by the Public Service Commission are just for the purpose of the public expressing their feelings. Their roll is not to serve as advocates for the municipalities along the line or for individual residents.

The only way the concerns will be formally addressed in the process is if one of the active parties makes an issue of them through the formal process. National Grid has responded to most of the concerns that have been raised, so as far as the Public Service Commission is concerned and as far as National Grid is concerned all of those things have essentially been asked and answered unless some party takes it to a further step. A further step now is a settlement negotiation which is for the parties who have expressed an interest in participating in that so you would have to affirmatively say “I want to be in on the settlement negotiations”. The outcome of that will be what they are calling a “joint proposal”. Everyone that is involved in that will work out what they want and that will be presented to the Public Service Commission. The other parties will have the opportunity to comment on it. If no one raises any issues the Public Service Commission is going to recommend that it be approved.

If the settlement doesn’t get worked out the next thing would be litigation. This process would cost money to the parties. What it comes down to so far is nothing is going to change as far as the application goes unless somebody takes the additional step to have it happen.

At the public statement hearing that was held here Supervisor Koetzle raised the issue of the visual impact at Maalwyck Park and suggested a public benefit to offset for that but without you actually raising that during the settlement or in litigation it’s not going to happen. All the concerns that have been raised, nothing is going to happen unless action is taken.

The joint proposal is scheduled to be submitted the end of this month and then there is a two week period for filing briefs and then depending on how many briefs there are and how many responses to those briefs whether it goes to litigation or not will depend on that.

Supervisor Koetzle – “I would like to comment on the supposedly public hearing that took place at the Scotia-Glenville High School. I must say and I voiced this to National Grid and asked them to have a redo here at Town Hall because I really felt as though they disenfranchised the public, it was not much of a public meeting and in fact I took pictures on my blackberry of every door that said “caution do not enter – asbestos abatement - cancer warning” which really scared a lot of people I think from even wanting to enter the building. I don’t believe it should count as meeting the criteria of having a public meeting. I am still waiting to hear back from them.”

Supervisor’s Comments:

Supervisor Koetzle shared the following information:

We were able to finance one of our bond anticipation notes at a .87% interest rate through First National Bank of Scotia. This is on a $250,000 line item for a truck.

The next bit of news is the 0% interest loan for the Alplaus Sewer District which we will close on August 26^th through the Environmental Facilities Corporation.

Glendale Home, I think Councilwoman Wierzbowski spoke on this and I share her thoughts on this. We have two issues I think that are quite specific, the County needs to be forthright on what their plans are and they are not. That is the pattern that has developed and that is something we really have to address. We are not asking for set in stone plans, we are asking for the most current thoughts to be shared and they are not. The second issue is building in open space. Is it really a need at this point to build in open space and should we build in open space and that debate needs to take place in public, open and often. That’s really the biggest issue we have, is this the best place for it.

We began our budget process tonight, next week we will have another meeting at 6:30 pm here. The budget schedule will be posted on our website.

Baptist Retirement is still working their way through the town’s regulatory review process. They have a negative declaration on SEQRA and a conditional approval pending a public hearing on that project.

Unified Dispatch, we had a meeting here last week on that, although there was a rumor going around the county that we were ready to pass a 3-2 vote tonight to approve that. The county has made some concessions but there are some big issues that are still hanging out there that we really haven’t reached an agreement on. The biggest issue is still looking at the numbers of how each of the towns are being assessed. We still are not being assessed at a fair level.

Supervisor Koetzle moved ahead with the agenda.

RESOLUTION NO. 138-2010

Moved by: Councilman Ramotar

Seconded by: Councilwoman Wierzbowski

WHEREAS, the Town of Glenville is proposing text amendments to the Town of Glenville Zoning Ordinance; and

WHEREAS, the zoning text amendments include new regulations concerning portable storage containers and clarification of the term “human services/social services offices” as it applies to allowed uses within the General Business zoning district; and

WHEREAS, these zoning amendments constitute an “Unlisted Action” in accordance with 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}); and

WHEREAS, the Glenville Town Board has assumed SEQRA Lead Agency in this instance; and

WHEREAS, both the Glenville Environmental Conservation Commission and the Planning & Zoning Commission recommended that the Town Board find no significant adverse environmental impacts associated with these proposed zoning amendments, and that the Board issue a SEQRA “Negative Declaration;”

NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that the proposed text amendments to the Town of Glenville Zoning Ordinance will not result in a significant adverse environmental impact; and

BE IT FURTHER RESOLVED, that the Glenville Town Board hereby issues a SEQRA “Negative Declaration” (attached) for this application, based on the following findings:

· These amendments constitute relatively minor revisions to the Town of Glenville Zoning Ordinance. The revisions will not, either directly or indirectly, trigger any development or physical alterations to the land.

· This action will not impact air quality, groundwater quality, surface water quality, traffic levels, noise levels, solid waste production, etc.

· This action will not result in the removal of vegetation or fauna, nor will it impact significant wildlife habitat areas.

· This action will not create a conflict with the Town’s Comprehensive Plan or Zoning Ordinance, or any other adopted land use policy. The adoption of these zoning amendments is consistent with the Town’s past practice, which is to periodically update the zoning ordinance to keep the ordinance current and to address emerging issues.

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstentions: None

Motion Carried

Discussion…

Councilwoman Wierzbowski – “In regards to the storage containers, in speaking with the Building Department the reason behind this trying to regulate them is they were finding that they are popping up in neighborhoods and people are keeping them and they are being used as sheds and there are specific ways that sheds are addressed within the code. Because these are technically portable they wanted to have a way to regulate them.

It does allow for short-term use. They are just trying to keep track of them, but it does allow them.”

Councilman Ramotar – “Short term use with no longer then 90 days.”

RESOLUTION NO. 139-2010

Moved by: Councilman Ramotar

Seconded by: Councilwoman Wierzbowski

WHEREAS, the Town of Glenville is proposing revisions to the Town of Glenville Zoning Ordinance; and

WHEREAS, said proposed amendments include new regulations concerning portable storage containers and clarification of the term “human services/social services offices” as it applies to allowed uses within the General Business zoning district; and

WHEREAS, the Glenville Town Board, as SEQRA Lead Agency, has issued a SEQRA “Negative Declaration” for this action; and

WHEREAS, pursuant to New York State Town Law and the Town of Glenville Zoning Ordinance, the Glenville Town Board held a public hearing on these amendments on July 21, 2010;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville does hereby establish a Local Law to amend the Code of the Town of Glenville to adopt Local Law No. 5 of 2010, Chapter 270 “Zoning” as set forth below:

CHAPTER 270 – ZONING

§270-3.Definitions.

PORTABLE STORAGE CONTAINER

A container designed and commonly used for the temporary storage of commercial or industrial goods, equipment or supplies or for the storage of residential household goods or personal property. Examples include piggyback containers that can be transported by mounting on a truck chassis and “POD” type boxes that can be transported on a flatbed or other truck. Prefabricated storage sheds that are owned by the property owner and which are intended for permanent placement on the property are not considered “portable” and would not come under this definition.

§270-9. Accessory uses and structures.

A. Permitted accessory uses and structures in residential zoning districts.

(13) Portable storage containers are permitted on properties with a principal dwelling under the following conditions:

a. The property owner must obtain a permit from the Building Inspector and pay the applicable fee therefor. Such permit shall be issued for a period of 30 days, and in no event shall permits be granted for more than 90 days in any 12 month period.

b. Only one portable storage unit may be permitted on a residential lot.

c. Portable storage units must be placed a minimum of 10 feet from any front, side and/or rear property line. Such units must be located so as to minimize visibility from both public streets and other residential land uses. Units may not be placed in public or private roads or rights of way. If placed in a private driveway, the container must be at the furthest accessible point from the street without blocking and building or accessory structure doors, entrances, or exits.

B. Permitted accessory uses and structures in nonresidential zoning districts:

(12) Portable storage containers are permitted on nonresidential property containing a principal commercial building, under the following conditions:

b. The maximum number of containers that may be permitted on a nonresidential property will be determined by the Building Inspector after review of the size of the property, the proximity to residential properties, the owner’s needs, the anticipated length of time the containers will be utilized and other appropriate factors. In no event shall any one property be permitted more than five portable storage units within any 12 month period.

Section 270-19 GB General Business District.

The following shall apply to the GB General Business District:

B. Uses permitted by site plan review:

(11) Human services/social services offices (DELETE “and facilities”)

Section 2. Effective Date

This Local Law shall take effect immediately.

BE IT FURTHER RESOLVED, that approval of the zoning ordinance amendments is based on the following findings:

· The amendments being approved are relatively minor in scope, with the primary purpose being to augment and clarify regulations pertaining to portable storage containers and to better define the nature of one particular allowed use within the General Business zoning district.

· The amendments do not conflict with the Town of Glenville Comprehensive Plan, Town Center Plan, Freemans Bridge Road Master Plan or any other adopted planning-related policy or land use regulations.

· Given the relatively minor nature of the zoning amendments, the adoption of these amendments will not negatively impact land values, nor will they result in incompatible neighboring land uses.

· The proposed amendments will not adversely impact any particular neighborhood’s character.

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstentions: None

Motion Carried

Discussion…

Attorney Cuevas – “They changed state law last year to authorize private displays of fireworks in addition to public displays which had been previously authorized and which we had in our Code but only for public displays. So now to be fully in conformity with state law this will allow us under the conditions that the state prescribes allow people to apply for a permit for a private display but there is a safety factor that you have to have a professional conduct the display, you can’t do it on your own. It doesn’t change the law with respect to possession of illegal fireworks that’s still illegal.”

RESOLUTION NO. 140-2010

Moved by: Councilman Ramotar

Seconded by: Councilwoman Wierzbowski

WHEREAS, the Town Board of the Town of Glenville has been considering the enactment of a Local Law to amend the Code of the Town of Glenville Chapter 147, “Fireworks and Pyrotechnics”; and

WHEREAS, this Town Board has held a Public Hearing on July 21, 2010 at 7:30PM, at which time all parties interest were afforded an opportunity to be heard and to publicly comment on the amending of the Code of the Town of Glenville as set forth above,

NOW, THEREFORE, BE IT RESOLVED, that the Town of Glenville Town Board does hereby establish a Local Law to amend the Code of the Town of Glenville to adopt Local Law #6 of 2010, Chapter 147 “Fireworks and Pyrotechnics” as set forth below:

Section 1. Sections 147-7 A. (4) and B and Section 147-8 of Chapter 147 of the Code of the Town of Glenville are hereby amended, in applicable part, to read as follows:

CHAPTER 147 – FIREWORKS AND PYROTECHNICS

ARTICLE II – Display of Fireworks

§147-7. Permit required; application for permit; conditions.

A. (4) Confirmation that the person in charge of the firing of the display actually possesses a valid certificate of competence as a pyrotechnician as required under the General Business Law and Article 16 of the Labor Law. The permit shall further contain a verified statement from the applicant identifying the individuals who are authorized to fire the display including their certificate numbers, and that such individuals each possess a valid certificate of competence as a pyrotechnician.

B. All applications for permits for the display of fireworks shall be made at least 14 days in advance of the date of display. Any permit issued by the Town Clerk shall be deemed to be conditioned upon the strict conformance to the provisions of Penal Law §405.00 and the rules promulgated by the New York State Commissioner of Labor pursuant to §462 of the Labor Law, including but not limited to:

§147-8. Bond:

Before granting and issuing a permit for a display of fireworks as herein provided, the permit authority shall require a bond from the applicant, in the sum of at least $1 million, conditioned for the payment of all damages which may be caused to persons or property by reason of the fireworks display. Such bond shall run to the Town of Glenville and shall be for the use and benefit of any persons or owners of any property so injured or damaged by the fireworks display. The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage in indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes herein provided.

BE IT FURTHER RESOLVED, that this resolution shall take effect when filed with the Secretary of the State of New York.

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstentions: None

Motion Carried

Discussion…

Councilwoman Wierzbowski – “This is a budgetary adjustment so that the amount that we have budgeted for paving that we are reimbursed from the NYS Department of Transportation for every year. We are eligible for up to $162,434.10, I believe that the budget for this year showed only $141,000 for the CHIPS line. We as the town expend the money then we are reimbursed by the state. This budgetary transfer is within Superintendent Coppola’s budget. It is not something that is over budget, it is just moving funds around to cover the extra $21,000 so that we can get all of the money that we are eligible for.”

Supervisor Koetzle – “If I am following this correctly, we are getting more CHIPS money then we anticipated?”

Councilwoman Wierzbowski – “We’re eligible for more then we budgeted so we want to obviously get what we are eligible for. It will allow us to do more paving this year.”

RESOLUTION NO. 141-2010

Moved by: Councilwoman Wierzbowski

Seconded by: Councilman Ramotar

WHEREAS, Thomas R. Coppola, Superintendent of Highways has received documentation from NYS Department of Transportation that the CHIPS capital balance awarded to the town of Glenville is in the sum of $162,434.10,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the following budgetary adjustment;

04.00.5112.2200 increase in the sum of $21,434.10

04.00.3501.0000 increase in the sum of $21,434.10

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstention: None

Motion Carried

Discussion…

Councilwoman Wierzbowski – “This resolution is part of the work that Superintendent Coppola has been doing to try and come up with a paving plan for the town. The monies that will be expended will be a total of $237,493, a portion of which will be the reimbursement from the state in the amount of $162,434.10 that is CHIPS money that we were just talking about. Right now we are doing just over 7 miles of road. We are proposing to do a process called nova-chip on Schemerhorn, Dongan, Bradberry, Glen Ave., Sanders Ave., Riverside Ave. and Charles St. We are doing approximately ½ a mile on Stone Arabia Road and we will be doing some seal coating and single seal on about 5½ miles on Waters Road and Gower Road, which is maintenance that will extend the life of those roads as well.”

RESOLUTION NO. 142-2010

Moved by: Councilwoman Wierzbowski

Seconded by: Councilman Ramotar

WHEREAS, the Superintendent of Highway recommends Liquid Bituminous Materials [Paver Placed Surface Treatment] paving this year in accordance with NYS OGS contract Award Number 21939-RA-PF Group Number 31509,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the Superintendent of Highways to utilize Gorman Bros. [OGS Contractor PC65035] to pave town roads in the sum of $237,493; and

BE IT FURTHER RESOLVED, that the funding for such purchase shall be highway budget lines 04.00.5112.2200 in the sum of $141,112 and 04.00.5110.4140 in the sum of $ 96,381.

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstention: None

Motion Carried

RESOLUTION NO. 143-2010

Moved by: Councilwoman Wierzbowski

Seconded by: Councilman Ramotar

BE IT RESOLVED that the Monthly Departmental Reports for July, 2010 as received from the following:

Assessor’s Department

Building Department

Dog Control

Highway Department

Justice Department

Planning Department

Receiver of Taxes

Town Clerk's Office

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

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstentions: None

Motion Carried

RESOLUTION NO. 144-2010

Moved by: Councilwoman Wierzbowski

Seconded by: Councilman Ramotar

BE IT RESOLVED, that the minutes of the regular meeting held on July 21, 2010 and the special meeting held on August 11, 2010, are hereby approved and accepted as entered.

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstentions: None

Motion Carried

Discussion…

Councilwoman Wierzbowski – “I would like to thank George and Dana Gilgore, I know that the two of them have worked very hard on trying to obtain this loan for the town. In speaking with Dana, this loan because it is 0% is going to save the town and in turn the residents over the next 30 years about 2.1 million dollars in interest.”

RESOLUTION NO. 145-2010

Moved by: Councilwoman Wierzbowski

Seconded by: Councilman Ramotar

WHEREAS, the Town of Glenville on April 4, 2007, after a duly held public hearing, and thereafter approved the maximum amount to be expended on Glenville Alplaus Sewer District #1 and Sewer District #1 Extension #1 of $2,815,000.00; and

WHEREAS, the Town of Glenville has borrowed the funds necessary to complete the project by issuing debt to cover the costs of the project, and

WHEREAS, the Town of Glenville has now been approved for refinancing of the eligible outstanding debt on this project, less the Town portion of the proceeds of a Shared Municipal Services Grant, in the amount of $2,133,100.00 through the New York State Clean Water Revolving Fund Program (CWSRF Project No. C4-5491-04-00) administered by the New York State Environmental Facilities Corporation; and

WHEREAS, said long term refinancing will be at a zero (0%) percent interest rate, resulting in lower debt services payments for the sewer district and the property owners therein; and

WHEREAS, it appears to be in the best interest of the property owners within Alplaus Sewer District #1 and Sewer District #1 Extension #1 that the Town Board accept the New York State Clean Water Revolving Fund Program refinancing and authorize the Town Supervisor and Town Comptroller to execute any and all documents necessary for the closing of the refinancing;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves the re-financing of the Alplaus Sewer District #1 and Sewer District #1 Extension #1 eligible project costs through N.Y.S. Clean Water State Revolving Fund, administered by the New York State Environmental Facilities Corporation, at a hardship interest rate of zero (0%) percent and authorizes the Town Supervisor and the Town Comptroller to execute any and all documents necessary to close the loan on the refinancing .

Ayes: Councilman Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle

Noes: None

Absent: Councilmen Boulant and Quinn

Abstention: None

Motion Carried

New Business:

Supervisor Koetzle – “I just want to go over the schedule for the next month or so because there is a lot going on:

August 25^th Department Heads budget discussions

Special Town Board Meeting/Work Session

September 1^st Regular Town Board Meeting

September 2^nd Budget Community Forum at 7:30 pm

Glenville Senior Center

September 8^th Town Board Work Session

September 9^th Budget Community Forum at 7:30 pm

Town Municipal Center

September 15^th Town Board Meeting

September 22^nd &/or 29 possible work sessions if needed

Supervisor Koetzle asked for a motion to adjourn; motion to adjourn was moved by Councilwoman Wierzbowski; Seconded by Councilman Ramotar, everyone being in favor the meeting was adjourned at 8:40 PM.

ATTEST:

______________________________

Linda C. Neals

Town Clerk