Town Board Meeting December 9, 2008
Members Present: Councilmember Gray
Councilmember Kietlinski
Councilmember Myers
Councilmember Whiteley
Supervisor Maura
Also Present: Attorney Mathes, Deputy Supervisor Plura, see attached sign-in sheet
Communications:
9/30 (Rec'vd 12/5) NYS Health Department; IUP for Drinking Water State Revolving Corp.
10/14 Capital District Transportation Committee 2009-2010 Linkage Program
10/24 BAS information on Integrated Property System program
10/29 NYMIR regarding Theft at Well House (trailer)
10/30 Cooper Erving & Savage LLP regarding representation for Wind Power legislation
10/31 NYS Dept. of Public Service; information on HeatSmartNY
10/31 US Senator Schumer; National Cyber Security Awareness Month & Trade Commission
web site
10/31 Town of Princetown 2007 Water Quality Report
11/3 Schenectady County Finance Towns and City report
11/3 Schenectady County Finance regarding tax rates for 2009 taxes
11/3 P. Bishop: SUP discussion of 10/30
11/6 Doug Cole to P. Bishop; legal description of water district 2C (McClaine Subdivision)
11/10 D. Cole; revised Town Standard Residential Street - Type II
11/14 Office of Community Renewal; Monitoring Report
11/14 Capital District Regional Planning Commission regarding 2010 census
11/20 NYMIR to NYS Police regarding theft of trailer
11/20 Doug Cole to P. Bishop (McLane Foods) waterline to proposed project site
11/21 Doug Cole; recommended revisions to Street and Highway Law
11/21 NYS Dept. of Public Service Notice of Technical Conference (Electric Sub metering
Regulations)
11/21 Doug Cole regarding 11/14 letter from Joseph Rabito (Office of Community Renewal)
11/21 NY Planning Federation regarding membership
11/23 Bank of America regarding fixed term CD
11/25 Check from NYMIR
11/28 NYS Dept. Public Service regarding electronic filing
12/2 Schenectady County December 8th briefing regarding Central Dispatch
12/8 Judge VanWoeart to T.B. regarding hourly paid employees and Holiday pay.
Reports: CEO 11/08, ACO 10/08 & 11/08, Justice 11/20/08, Water Commissioner 10/08 & 11/08, CEO 10/08,
Privileges of the Floor:
*Tony Cerrone (Birchwood Drive) Addressed the Board regarding a neighbor who is conducting a business from his home involving large trucks parked on or beyond the boundary line and creating fumes and excessive noise. T. Cerrone asked that the Board help him in this matter and also asked that the Town enforce its' laws and zoning regulations. Also, a building has been build by this neighbor which is situated 7' from boundary line (per. Cerrone). Maria Cerrone (wife of T. Cerrone) also asked that the Board uphold its' laws; the Board agreed. T. Cerrone indicated there is also a boundary dispute and neighbor is moving the surveyor's pins.
MINUTES: RESOLUTION #08-214
UPON THE MOTION OF COUNCILMEMBER MYERS AND SECONDED BY COUNCILMEMBER KIETLINSKI IT IS HEREBY RESOLVED
That the November 6, 2008 meeting minutes are approved as presented
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
OLD BUSINESS:
Town Hall: Regular maintenance
Trooper Barracks: Regular maintenance
Animal Control: Letters have been sent to those residents who are harboring dogs that are not
licensed (as required by Law).
Water District: Councilmember Kietlinski asked if the prior pump problems have been
corrected; Superintendent Mead indicated all is running fine at this time.
State Revolving Fund: Supervisor Maura is still waiting to hear from the Fund regarding the
Town's request
Highway: nothing to report
Code Enforcement:
Assessment:
NEW BUSINESS:
GENERAL FUND TRANSFERS RESOLUTION #08-215
UPON THE MOTION OF COUNCILMEMBER GRAY AND SECONDED BY COUNCILMEMBER MYERS IT IS HEREBY RESOLVED
That the Town Board approves the following transfers for October in the amount of
$10,054
From: Amount: To:
36224 Sims $1418.00 11104.1 Justice Supplies
10104 T.B. Supplies 42.00 14104.1 T.C. Supplies
12304 Supervisor Supplies 988.00 14204.1 Attorney
16264 Cap. Imp. ($3500) 5101.00 16222.1 T.H. Equipment
13552 Assessment $200) "
80351 ZRC ($1150) "
14102 T.H. Equipment ($251) "
14102 T.H. Equipment 683.00 16294.1 T.H. Misc.
10104 T.B. Supplies 65.00 31214.1 St. Police Misc.
14124 T.C. Contractual 239.00 31254.1 St Police repairs
36201.1 Code Enf. P.S. 118.00 36204.1 Safety Ins. Supplies
19104.1 Unall Insurance 618.00 73101.1 Youth Program
19104.1 Assessment Cont. 782.00 80254.1 P.B. Prof, fees
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
GENERAL FUND TRANSFERS RESOLUTION #08-216
UPON THE MOTION OF COUNCILMEMBER KIETLINSKI AND SECONDED BY COUNCILMEMBER MYERS IT IS HEREBY RESOLVED
That the Town Board approves the following transfers for November in the amount of
$15,299.00
From: Amount: To:
99019 Interfund $15,299.00 1005.00 11104 Justice Supplies
3482.00 14204 Attorney
1266.00 16211 T.H. P.S.
186.00 16211 T.H. Misc
140.00 16701 Cent. Printing
326.00 35101 Dog Control PS
306.00 35104 Dog Control Supply
653.00 36204 Code Enf. Supplies
6000.00 40201 Ambulance
64.00 80254 Pl B. Prof. Fees
54.00 80351 ZRC Secretary
421.00 80354 PEAC Secretary
20.00 50104 Highway Supplies
985.00 11121 Asst. Court Clerk
257.00 14111 Deputy Town Clerk
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
GENERAL FUND CLAIMS: RESOLUTION #08-217
UPON THE MOTION OF COUNCILMEMBER MYERS AND SECONDED BY COUNCILMEMBER KIETLINSKI IT IS HEREBY RESOLVED
That claims # 357 to claims # 404 in the amount of $65,531.40 to be approved for
payment from the General Fund.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
WATER FUND TRANSFER RESOLUTION #08-218
UPON THE MOTION OF COUNCILMEMBER KIETLINSKI AND SECONDED BY COUNCILMEMBER GRAY IT IS HEREBY RESOLVED
That the Town Board approves the following October transfers in the amount of
$11,883.00
From: Amount: To:
19904.12 Contingency Acc. $10,907.00 83404.12 Trans/Dist
83114.12 Contractual 976.00 83404.12 Trans/Dist
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
WATER FUND TRANSFERS RESOLUTION #08-219
UPON THE MOTION OF COUNCILMEMBER MYERS AND SECONDED BY COUNCILMEMBER KIETLINSKI IT IS HEREBY RESOLVED
That the Town Board approves the following November transfers in the amount of
$2408.00.
From: Amount: To:
83104 Engineers $1,185.00 83121 Clerk
83144 Audits 846.00 83204 Electrical
97127 Darrow Interest 264.00 97126 Darrow Principal
97137 Quackenbush Int. 113.00 97136 Quakenbush Princ.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
WATER FUND CLAIMS: RESOLUTION #08-220
UPON THE MOTION OF COUNCILMEMBER KIETLINSKI AND SECONDED BY COUNCILMEMBER GRAY IT IS HEREBY RESOLVED
That claim # 186 to claim # 194 in the amount of $3,389.48 is approved for payment.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
HIGHWAY TRANSFER RESOLUTION #08-221
UPON THE MOTION OF COUNCILMEMBER GRAY AND SECONDED BY COUNCILMEMBER MYERS IT IS HEREBY RESOLVED
That the Town Board approves the transfer of $669.00 from the General Fund to
Highway
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
WATER DIST. #1, EXT. #2 CHANGE ORDER #4 (GENERAL) RESOLUTION #08-222
UPON THE MOTION OF COUNCILMEMBER MYERS IT IS HEREBY RESOLVED; that A RESOLUTION AUTHORIZING CHANGE ORDER #4 TO CONTRACT #1 GENERAL CONSTRUCTION FOR THE TOWN OF PRINCETOWN WATER DISTRICT #1 EXT. #2
WHERE AS, the project is complete and portions of the bid quantities were not needed; and
WHERE AS, a Change Order results in a decrease of $14,995.99 from the current contractor amount of $793,667.00 to arrive at a final contact amount of $778,671.01;
NOW THEREFORE
BE IT RESOLVED that Supervisor Maura be and he hereby is authorized to sign Change Order #4 dated December 9, 2008 to the Carver Construction contract.
Seconded by Councilmember Kietlinski and adopted by the following vote:
Councilmember Gray AYE
Councilmember Kietlinski AYE
Councilmember Myers AYE
Councilmember Whtiteley AYE
Supervisor Maura AYE
I, Carol McClaine, Town Clerk, Town of Princetown, Schenectady County, New York, do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of the Town of Princetown at a meeting held on December 9, 2008.
Dated:
__________________________________________
Carol McClaine, Town Clerk
Town of Princetown
WATER DISTRICT #1 EXT. #2 CHANGE ORDER (ELECTRICAL)
RESOLUTION #08-223
UPON THE MOTION OF COUNCILMEMBER GRAY IT IS HEREBY RESOLVED, that, A RESOLUTION AUTHORIZING CHANGE ORDER #4 TO CONTRACT #3 ELECTRICAL WORK FOR THE TOWN OF PRINCETOWN WATER DISTRICT #1 EXT. #2
WHEREAS, the chlorine residual in Extension #2 will require addition of chlorine at the Settles Hill Road Tank site and a circulation pump in the tank vault; and
WHEREAS, a Change Order was prepared by McDonald Engineering which provides additional electrical work required for control programming and wiring to properly operate the chlorine feed system at the Settles Hill Road Tank site; and Order #4 dated December 9, 2008 to the Stilsing Electric, Inc. contract.
Seconded by Councilmember Kietlinski and adopted by the following vote:
Councilmember Gray AYE
Councilmember Kietlinski AYE
Councilmember Myers AYE
Councilmember Whiteley AYE
Supervisor Maura AYE
I, Carol McClaine, Town Clerk, Town of Princetown, Schenectady County, New York, do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of the Town of Princetown at a meeting held on December9, 2008
Dated: ___________
______________________________________
Carol McClaine, Town Clerk
Town of Princetown
REMOVAL OF $1.00 DELINQUENT TAX FEE RESOLUTION #08-224
UPON THE MOTION OF COUNCILMEMBER KIETLINSKI AND SECONDED BY COUNCILMEMBER MYERS IT IS HEREBY RESOLVED
The Town Board authorizes the elimination of the $1.00 delinquent fee charged to Town
residents who have received "delinquent" letters, which by law have to be sent 31 days
after the non-delinquent period.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
*August 26, 2008 Town Board meeting; request from John Van Wormer for an Outside User Permit to hook into the Princetown water system. The Board asked that Mr. Van Wormer contact D. Cole, at McDonald Engineering, to determine engineering cost and if Mr. Van Wormer is still interested to return to the Board. Additionally, Mr. Van Wormer has approached the Guilderland Town Board for their approval; a User Contract signed by Guilderland Supervisor Runion has been delivered to the Town.
*The Board discussed that Guilderland has extended their water district westerly toward Princetown and Councilmember Kietlinski said that in the near future Guilderland and Princetown may be able to enter into an agreement in which Princetown can sell water to Guilderland as opposed to entering into outside user agreements with individual residents of Guilderland.
OUTSIDE USER AGREEMENT RESOLUTION #08-225
UPON THE MOTION OF COUNCILMEMBER GRAY AND SECONDED BY COUNCILMEMBER WHITELEY IT IS HEREBY RESOLVED
That Supervisor Maura is authorized to enter into and sign an Out of District User
agreement between the Town of Princetown and John Van Wormer.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
*ZBA Members- Mike Hickok, a former member of the ZBA, was scheduled to work in Dubai for an extended period so resigned his position on the ZBA. M. Hickok's work requirement changed and did not need to travel to Dubai. ZBA Chairman Plura asked if M. Hickok would like to be re-appointed to the ZBA; he would. J. Jurczynski, an alternate who was appointed to the vacant position, has agreed to become an alternate again so M. Hickok can resume his permanent position.
APPOINTMENT TO ZBA ALTERNATE RESOLUTION #08-226
UPON THE MOTION OF COUNCILMEMBER KIETLINSKI AND SECONDED BY COUNCILMEMBER MYERS IT IS HEREBY RESOLVED
That Joe Jurczynski be removed as a permanent member of the ZBA and be appointed as
an alternate member of the ZBA for a term to expire 12/11.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
ZBA MEMBER RESOLUTION #08-227
UPON THE MOTION OF COUNCILMEMBER MYERS AND SECONDED BY COUNCILMEMBER WHITELEY IT IS HEREBY RESOLVED
That Mike Hickok is appointed as a permanent member of the ZBA for a term to expire
12/11.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
RESCIND RESOLUTION #08-213 & RESCHEDULE RESOLUTION #08-228
UPON THE MOTION OF COUNCILMEMBER GRAY AND SECONDED BY COUNCILMEMBER KIETLINSKI IT IS HEREBY RESOLVED
That resolution #08-213 (Revision to Street and Highway Law, Road design; Public
Hearing) be rescinded and rescheduled to be held on January 20, 2009 @ 7:00 PM (just
prior to the beginning of the regularly scheduled Town Board meeting)
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
ORGANIZATIONAL MEETING; will take place on Monday, January 5, 2009 @ 6:00 PM
(Town Law, § 4-2.D, "...as soon as possible after the New Year begins.")
AUDIT MEETING; audit meeting will take place on January 20, 2009 @ 6:00 PM with regular
meeting to follow.
(Town Law, § 4-2.B, "...such officers and employees must so account on or before
January 20th...")
CENTRAL DISPATCH GRANT SUPPORTING RESOLUTION
RESOLUTION #08-229
UPON THE MOTION OF COUNCILMEMBER WHITELEY AND SECONDED BY COUNCILMEMBER GRAY IT IS HEREBY RESOLVED
That the Princetown Town Board approves the following resolution regarding support for
Grant submission as requested by the Schenectady County Legislature.
CENTRAL DISPATCH GRANT SUPPORTING RESOLUTION
WHEREAS, there are twenty-five fire departments, seven police agencies and three emergency medical service agencies serving Schenectady County; and
WHEREAS, the current decentralized dispatch system in Schenectady County includes five public service answering points located in the City of Schenectady, Glenville, Niskayuna and Rotterdam Police Departments and the State Police Facility in the town of Princetown; and
WHEREAS, the need for enhanced interagency cooperation and interoperability has increased within the emergency response systems; and
WHEREAS, the County of Schenectady and its municipalities secured a New York State Shared Municipal Services Incentive Grant to explore the feasibility of establishing a centralized dispatch system; and
WHEREAS, the feasibility study has been completed and recommends the centralizing of dispatch operations to improve public safety and increase effectiveness of response throughout Schenectady County; and
WHEREAS, the feasibility study states that centralizing dispatch operations is expected to benefit the residents and taxpayers of Schenectady County; and
WHEREAS, the County of Schenectady and its municipalities desire to implement the feasibility study recommendation to centralize dispatch operations;
WHEREAS, the New York State Department of State has issued a grant application entitled the Local Government Efficiency (LGE) Grant Program that may provide funding;
NOW, THEREFORE, BE IT RESOLVED that the Town of Princetown, New York is authorized to participate with the County of Schenectady and the other County municipalities in the implementation of the feasibility study recommendations; and participate in the submission of application(s) to the New York State Department of State Local Government Efficiency Grant Program for the purposes of implementing centralized dispatch operations in the County of Schenectady; and
BE IT FURTHER RESOLVED, that the Town of Princetown, New York, affirms its commitment to continue participating in contract development negotiations for the establishment of centralized dispatch in the County of Schenectady; and
BE IT FURTHER RESOLVED, that the Town of Princetown, New York shall dedicate the staff resources necessary to participate in and assist in the work development of the grant application(s).
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
DISCUSSION:
*Additional Phone Lines in Town Hall: Several T.H. Departments have received complaints
from residents due to lack of phone lines into the building. At this time there are three
lines and often all lines are being used. The Board discussed this issue and asked that 3
additional lines be installed along with a dedicated line for the court.
*Wind Power Legislation: (Public Hearing?) Supervisor Maura received a call from Steve
Isenburg (representing Reunion Energy) regarding the Town's stand on wind
energy/power. Supervisor Maura indicated that the Town is receptive to this type of business but is waiting to tie Legislation to the Comprehensive Plan which has yet to be finalized. P. Bishop, representing the Comprehensive Committee, reported on the recent meeting of the Committee. Additional issues regarding the proposed Wind Power Legislation were discussed.
•1. Should siting be included in this legislation? And, what criteria should be
used? The Board discussed issues regarding scenic views, population density, etc. Supervisor Maura said his understanding of the Comprehensive Plan is a Plan that represents the "direction the Town should go in, not set criteria, that is done in the zoning regulations." P. Bishop indicated that the Committee is very strong on preserving open space and the rural character of the Town which is relevant to siting.
•2. P. Bishop also discussed that there are two ways in which a Wind Energy
Company can come into a municipality.
•a. The energy created will go to the grid and the municipality may or may not obtain benefit from this.
•b. Benefits are given directly to the residents of a municipality through reduced electrical bills (or some other direct benefit).
Attorney Mathes: all benefits from the power created by wind towers (Community
owned or traditional) will be regulated by the ISO and go on the grid. There is
research going on now regarding the feasibility of Community owned wind facilities but there are none in N.Y. at this time. Wind facilities throughout N.Y. have returned dollars to the local communities which have resulted in real property tax abatement. There is a potential for Communities to realize additional monetary benefit from Community owned facilities. A municipality does not have the right to legislate who can/cannot develop; a community group or developer. Councilmember Kietlinski spoke about the similarity to the inception of cell towers regarding scenic views, radio emissions, etc. and the tendencies of communities have a "knee jerk" reaction to these new technologies. P. Bishop's understanding is that Wind Towers are not a permitted use according the Princetown's zoning regulations. Attorney Mathes: In many Town's which have not adopted legislation in this matter and wind projects have been pursued they have been treated as "towers" or as a Public Utility.
Further discussion took place; Councilmember Whiteley questioned if the Town could/should regulate the number of Towers in an area? Attorney Mathes sees limiting numbers as an issue of aesthetic. A determination would need to be made that views in excess of a certain number of turbines would have a cumulative negative visual aesthetic impact. To what merit that has would be a difficult question to answer?
PUBLIC HEARING ON "TOWN OF PRINCETOWN WIND ENERGY FACILITY LAW"
RESOLUTION #08-230
UPON THE MOTION OF COUNCILMEMBER MYERS AND SECONDED BY COUNCILMEMBER GRAY IT IS HEREBY RESOLVED
That a public hearing be held on January 20, 2008 (following hearing #01; Revision of
Street and Highway Law) on the proposed Wind Energy Facility Law.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
*SPCA: (re: donation bins in Town Hall foyer): a group in Schenectady, dealing with abuse
to animals and also the training of Peace Officers, has asked to use the foyer at Town Hall for fund raising purposes. The Board discussed this issue and said the group could use the Hall for scheduled fund raisers but not as an ongoing collection site. Clerk McClaine will ask the agency about any future plans.
*2009 Committee appointment for revision of Personnel Policy: Tabled
*Correction of water district boundary lines:
PUBLIC HEARING FOR CORRECTION OF WATER DISTRICT #1 BOUNDARY LINE
RESOLUTION #08-231
UPON THE MOTION OF COUNCILMEMBER MYERS AND SECONDED BY COUNCILMEMBER WHITELEY IT IS HEREBY RESOLVED
That a public hearing by held on January 20, 2009 (following Public Hearings #1 and #2)
to correct the boundary line on the property of the proposed McClaine subdivision.
ROLL CALL: 5 AYES SAID RESOLUTION DULY ADOPTED
*Special taxing district for ambulance service: tabled
*Supervisor Maura: re: Sales Tax distribution to Town's; will remain the same as the last
contract and will be in force for the next four years. Overage threshold amounts will
not be sent to the Town's, as stated in the prior contract, but additional monies will be
given to the City of Schenectady (purpose being the revitalization of the City per
Councilmember Kietlinski).
PRIVILEGES OF THE FLOOR:
*ACO D. Campochiaro spoke to the Board re: the possible increase of charges for such items as
enumeration, renewal and overdue licenses. The Board will discuss this at a later date.
*Planner G. Santabarbara spoke to the Board about obtaining a Grant to help defer the cost of
the purchase of BAS software to be used by the Planning Board, Planner and CEO. The
Grant dead line is 2/1/09 and G. Santabarbara will write the Grant along with help from Planning Board Chair P. Bishop.
G. Santabarbara also addressed the Board regarding an application that will be coming to the Town for a Senior Housing project on Giffords Church Road. At this time the zoning in that area does not allow for Senior Housing; G. Santabarbara feels that through his interaction with Town residents and his position with the Comprehensive Committee there is a need and desire by the Town's residents to encourage this type of development. If there is a zone change needed to facilitate this project the Town Board will be responsible for that change.
The meeting was adjourned @ 8:55 PM
Respectfully Submitted,
Carol McClaine
Town Clerk
