A regular Meeting of the Town Board of Guilderland was held at the Town Hall, Route 20 McCormick's Corners, Guilderland, NY, on the above date at 7:30 pm. The meeting was opened with the Pledge of Allegiance to the flag. Roll call by Rosemary Centi, Town Clerk, showed the following to be present:
Councilman Ricard
Councilwoman Slavick
Councilman Bosworth
Councilman Pastore
Supervisor Runion
ALSO PRESENT: Richard Sherwood, Town Attorney -Absent
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Supervisor Runion welcomed everyone to the evening's meeting and asked for a motion approving the minutes of the November 8th, 2007 Town Board meeting.
MOTION #216 Councilman Bosworth moved to APPROVE THE MINUTES OF THE OCTOBER 16TH, 2007 TOWN BOARD MEETING. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD -
Warren Redlich, Suzanne Court, expressed his concern with the lack of a Police Chief and considered it a matter of public safety.
Supervisor Runion responded by referring Mr. Redlich to the Albany County Civil Service Department stating that they were the jurisdiction that the Town was required to follow.
He further explained the hiring process for the Police Department.
PUBLIC HEARING:
7:30 PM - 2008 TOWN BUDGET
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion stated that the Town Board has been working diligently on the 2008 budget with meetings with the various department heads.
He explained that the Town Budget is broken up into two areas; the "A" fund, which includes the entire Town of Guilderland plus the Village of Altamont. This fund is supported principally through a property tax, which under the current budget is .25 per thousand dollars of assessed valuation. The second part of the Town Budget is the "B" fund, which encompasses those areas of the Town outside the Village of Altamont.
The "B" fund is fully supported by sales tax revenues and consequently incurs a zero tax levy to the "B" fund.
The Town tax rate for 2007 was also .25 per thousand of assessed valuation so there is no change in the General Town tax rate.
The other portion of the budget is the Town Highway, whose Superintendent submits a budget to the Board.
The Highway budget has a tax rate of approximately $1.00 per thousand dollars of assessed valuation, which is the same as last year as well.
The total Town Budget, including the General Fund, as well as Sewer, Highway and Water District taxes is $30,460,432.00.
Warren Redlich questioned the Board on a number of Budget items and asked for a clarification.
Supervisor Runion explained a number of budget line items.
Councilwoman Slavick also explained the summary relative to taxes to be levied and appropriations.
Councilman Bosworth stated that there were a number of budget hearings open to the public offering explanations of the budget.
Supervisor Runion further clarified that there were also breakdowns of the various salaries and department budgets and told Mr. Redlich that he was welcome to them.
The budget is in the form that is required by the State Comptroller.
Councilwoman Slavick explained to Mr. Redlich that the Town carries over funds that are not encumbered to the next year.
Supervisor Runion also reiterated to Mr. Redlich that they do not tell the departments to spend whatever is leftover in the budgets; the monies that are left are carried over to the next year.
Mark Grimm, Remington Road, stated that the budget is not clear and at Public Hearings residents were not allowed to ask questions.
Councilman Pastore stated that Mr. Grimm was incorrect in his comment that questions were not allowed in a Public Hearing confusing the Public Comment Period with a Public Hearing.
Supervisor Runion explained the difference between a Public Comment Period and a Public Hearing to Mr. Grimm and stated that it was unfair to confuse the public as to the differences.
He further stated that at the budget hearings Mr. Grimm was given the complete department budgets with detailed analyses of spending requests for all department budgets for 2008, which anyone is welcome to come and look at.
Supervisor Runion also stated that the preliminary, detailed budget had been available since September for residents to view and that this evening's budget was an executive summary.
Councilman Pastore asked to clarify that there was a distinct difference between a Public Comment Period and a Public Hearing.
The Public Comment Period was designed for the residents of the Town to bring their concerns to the Board allowing them to look into the matter further.
The Public Hearing deals with more specific issues, which for the most part have already come before the Board and allows for much more discourse and perhaps brings in experts from other departments.
He further stated that he did not want the residents of the Town to be confused by any suggestions that the Board was engaging in a question of "semantics".
Councilman Bosworth stated that prior to this Board, there was not a Public Comment Period.
He further stated that long public discussions at the Public Comment Period would preclude the agenda items from being addressed in a timely fashion.
June Klein, Ashford Drive, stated that as a former Town employee she had always seen the budget in the current format.
MOTION #218 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON THE TOWN OF GUILDERLAND 2008 BUDGET. Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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MOTION #219 Councilman Bosworth moved to ADOPT THE 2008 BUDGET OF THE TOWN OF GUILDERLAND. Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
AGENDA ITEMS:
Item #1 concerned a request of owners of 7296 Guilderland Avenue to obtain water from the Town of Rotterdam.
Martha Masters, owner of the property, had contacted Supervisor Runion stating she had the opportunity to obtain water from the Town of Rotterdam. The water would be used for agricultural purposes to provide for a horse farm.
The Board is solely granting permission for a water line within the Town of Guilderland.
MOTION #220 Councilman Pastore moved to GRANT THE REQUEST OF THE OWNERS OF 7296 GUILDERLAND AVENUE TO OBTAIN WATER FROM THE TOWN OF ROTTERDAM. Councilman Bosworth seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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PUBLIC HEARING:
8:00 PM- Continuation of re-zone request at Ashford Drive from RO-40 to MR (Multiple Residence)
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion stated that he had requested from Mr Quadrini a wetland delineation of the property in question and that approximately 75 - 80% of the property was comprised of wetlands.
A number of the Board members, including Supervisor Runion, had been to the property and noticed that it was a fairly steep ravine.
Henry Beaver, Malpass Road stated that he was opposed to the re-zone and to the path.
He further stated that when he first moved into the property there was no water and that since the building of Oxford Heights the land became a wetland.
He stated that he was also concerned with more water being generated from the construction of the condominiums.
Supervisor Runion corrected the amount of wetland delineation to approximately 50%.
Jim Ryan, Krause Road, stated that he was opposed to the re-zone.
He further stated that both Malpass and Krause are quite steeply graded and it does in fact result in a collection of water, so much so, that the neighbors can no longer walk it.
His concern was that the Town Board see an engineering study. He felt that he had purchased their property with the current zoning in place and that there should be a compelling reason to change it.
June Klein, Ashford Drive, stated that since Mr. Armand Quadrini failed to appear for the Public Hearing that perhaps he does not want to go forward with this.
Councilman Ricard stated that he felt the same.
Mrs. Klein also stated that Mr. Armand Quadrini was to make contact with the residents, did not do so and he should start the process all over again.
Joe Center stated that his father's home at Holmes Terrace has been experiencing water in the basement and they would appreciate it if the Board take into consideration the wetland factor.
Mr. Beaver further commented that if trees were to be removed the water would be tremendous.
MOTION #221 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON A RE-ZONE REQUEST OF BRANDON QUADRINI AT ASHFORD DRIVE FROM RO-40 TO MR (MULTIPLE RESIDENCE). Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Supervisor Runion clarified that the Board's review of the Short Environmental Assessment Form only dealt with the re-zone aspect and not with the engineering.
MOTION #222 Councilman Ricard moved that PURSUANT TO THE STATE ENVIRONMENTAL REVIEW ACT AND BASED ON THE FORM THAT HAS BEEN SUBMITTED AND ANSWERS TO THE QUESTION THE RE-ZONING OF THE PARCEL WOULD NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT. Councilman Bosworth seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Supervisor Runion read an advisory opinion from the Planning Board recommending the re-zone on condition of a donation of 2.7 acres of parkland and a construction of a multi-use path, the limiting of the re-zone to the southern 3.2 acres and the construction of two four unit buildings only. The Albany County Planning Board deferred to local consideration.
Town Planner had the same recommendations as the Planning Board.
Supervisor Runion stated that after having heard from a number of residents, a significant portion of the parcel designated to be parkland was wetlands and that the multi - use that was recommended would have to traverse the wetland area.
There were also concerns expressed concerning drainage and traffic, access in and out of the 2.7 acre parcel and also that the re-zone would not be in character with the existing neighborhood.
Councilwoman Slavick further stated that at a prior meeting, safety for children and concerns with drainage had been an issue.
Supervisor Runion stated for the record, that the Public Hearing began at approximately 8:30 PM and at 9:05 PM the applicant, with respect to this application, had not appeared and that at the last meeting the hearing was continued specifically at the request of the applicant to submit further information and further testimony with respect to the re-zoning request.
The denial of the re-zone request was based upon the impact that the potential re-zone would have on the neighborhood concerning drainage issues and the fact that a substantial portion of the parcel that was to be donated to the Town for park purposes was wetland and unusable.
Councilman Bosworth brought up the issue of traffic concerns.
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MOTION #223 Councilman Bosworth moved to DENY THE RE-ZONE REQUEST OF BRANDON QUADRINI AT ASHFORD DRIVE TAX MAP #52.13-1-1.11 FROM RO-40 TO MR (MULTIPLE RESIDENCE). Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore stated that the Board deferred to the Town Planner and the Planning Board for guidance on recommendations. Aye
Supervisor Runion Aye
He stated that the Planning Board had reviewed the parcel, however they did not have the testimony from a Public Hearing that the Town Board did. Consequently, they did not have the information concerning the extent of the wetland, the fact that the proposed path would traverse the wetland area and various traffic impacts on the parcel.
AGENDA ITEMS:
Item #2 concerned authorizing the Supervisor to sign an agreement with the Town of Princetown for out of district users.
He stated that the reason the Town of Princetown would like the agreement was if for some reason the homeowner in the Town of Guilderland did not pay for the usage a tax levy could be applied to the home owner by the Town of Guilderland.
MOTION #224 Councilman Bosworth moved to AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH THE TOWN OF PRINCETOWN FOR OUT OF DISTRICT WATER USERS. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
MOTION #225 Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN A LEASE AGREEMENT WITH SATCH SALES FOR GOLF CART RENTALS. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
There would be no change in the lease price.
MOTION #226 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR'S WARRANT IN THE AMOUNT OF $575,529.18. Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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MOTION #227 Councilwoman Slavick moved to APPROVE THE TRANSFERS AS SUBMITTED BY THE TOWN COMPTROLLER, JEAN STERLING. Councilman Bosworth seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
MOTION # 228 Councilman Bosworth moved to ADJOURN THE NOVEMBER 8, 2007 MEETING AT 9:15 PM. Councilman Ricard seconded the motion and it was carried b the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Supervisor Runion stated that the next meeting would be on November 20th at which time there would be a discussion of the insurance proposals and the work session with the McKownville Planning Study Committee.
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