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
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Supervisor Runion welcomed everyone to the evening's meeting and asked for a motion approving the minutes of the October 2, 2007 Town Board meeting.
MOTION #201 Councilman Bosworth moved to APPROVE THE MINUTES OF THE OCTOBER 2, 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 asked that Councilman Ricard pick three dates for debate.
Supervisor Runion stated that this was not a political forum and that this was not a venue for a discussion of political activity.
Mark Grimm read comments.
PUBLIC HEARINGS:
7:30 PM - Local Law regulating Illicit Discharges to the Town of Guilderland Storm Water System.
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion gave background information of the public hearings stating that the Town became subject to MS4 Federal regulations requiring towns to manage stormwater systems and discharges.
The Town is required to adopt local laws regarding regulating Illicit Discharges to the Town of Guilderland Stormwater Systems and regulating Storm Water Management and Erosion and Sediment Control.
Supervisor Runion asked for public comment. No public comment.
MOTION #202 Councilman Bosworth moved to CLOSE THE 7:30 PM PUBLIC HEARING ON A LOCAL LAW REGULATING ILLICIT DISCHARGES TO THE TOWN OF GUILDERLAND STORM WATER SYSTEM. Councilman Ricard seconded the motion and it was carried by the following roll call votes:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Councilman Bosworth asked about the notification of spills and whether this document showed any change from what the Town already had in place.
Supervisor Runion stated that the Town already had laws in place regarding discharging into the Town stormwater system.
Town Attorney, Richard Sherwood, stated that nothing has changed other than that the Town would be in charge of policing the laws instead of DEC.
MOTION #203 Councilman Bosworth moved to ADOPT LOCAL LAW #1 OF 2007 OF THE TOWN OF GUILDERLAND REGULATING ILLICIT DISCHARGES TO THE TOWN OF GUILDERLAND STORM WATER SYSTEM. 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
AGENDA ITEMS:
MOTION #204 Councilman Bosworth moved to AUTHORIZETHE TOWN POLICE DEPARTMENT TO GO OUT TO BID FOR THE SALE OF SURPLUS TOWN AND POLICE EQUIPMENT. 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
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MOTION #205 Councilman Bosworth moved to APPROVE SCHEDULING A TOWN BOARD WORKSHOP ON THE MCKOWNVILLE NEIGHBORHOOD PLANNING COMMITTEE REPORT ON NOVEMBER 20, 2007 AT 8:00 PM. 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
Workshop will be open to the public.
MOTION #206 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR'S WARRANT FOR THE GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $142,181.62. 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
7:45 PM PUBLIC HEARING - Local Law regarding Regulating Storm Water Management and Erosion and Sediment Control.
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion asked for public comment. No public comment.
MOTION #207 Councilman Bosworth moved to CLOSE THE 7:45 PM PUBLIC HEARING ON LOCAL LAW #2 FOR 2007 ON STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL. 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
Supervisor Runion stated that this, too, was part of the MS4 regulations that required the Town to adopt this local law.
Councilman Bosworth asked Ed Zyniecki, the Town's Stormwater Management Officer, to explain compliance.
Mr. Zyniecki stated that everyone had to comply to the stormwater regulations whether you are putting in a swimming pool or building an addition.
He stated, "Basically, what has happened, is that DEC has taken their law and given it to the Town and told us to enforce it."
Councilman Bosworth asked what would be some of the things that DEC is trying to prevent.
Mr. Zyniecki stated that they were trying to keep sediment on site.
Councilman Bosworth stated that this was to protect the storm water system as well as the quality of water with the greatest burden falling on contractors.
Councilman Ricard stated that there were a number of exemptions in the law that homeowners should be aware of.
Mr. Zyniecki stated that this is a state-wide effort and that there had been a number of work sessions on the law.
Supervisor Runion stated that if the Town did not comply it limited the Town's ability to get aid or grants and there would be fines that would be imposed.
Ed Zyniecki would be working on this issue full time.
MOTION #208 Councilman Bosworth moved to ADOPT LOCAL LAW #2 OF 2007 REGULATING STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL IN THE TOWN OF GUILDERLAND. Councilman Pastore 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 stated that the Town had to adopt a resolution relative to the MS4 program.
Mr. Zyniecki explained that the resolution stated that the Town would be willing to support the activities of the ad hoc coalition for Albany County and the items that they have budgeted.
Supervisor Runion stated by doing so we would be able to apply for grant money.
Mr. Zyniecki stated that he had used some of the grant money for course study on the issue.
MOTION #209 Councilman Bosworth moved to ADOPT THE FOLLOWING RESOLUTION CONCERNING WATER QUALITY IMPROVEMENT PROJECTS AND NONAGARICULTURAL NON-POINT SOURCE PROJECTS PURSUANT TO THE MS4 PROGRAM:
MUNICIPAL RESOLUTION
Water Quality Improvement Projects and
Non-agricultural Nonpoint Source Projects
Municipal Resolution
Resolution authorizing the items listed below pursuant to the Bond Acts enacted in 1965, 1972 and 1996 and the Environmental Protection Fund, as well as federal grant awards available for such projects.
WHEREAS, the Town of Guilderland
Herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and
WHEREAS, the Environmental Conservation Law ("ECL") authorizes State Assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GUILDERLAND
1. That Kenneth D. Runion
or such person's successor in office, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Articles 17, 51, and 56 and /or any applicable federal grant provisions. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance;
2. That the Municipality agrees that it will fund its portion of the cost of the Project
and that funds will be available to initiate the Project's fieldwork within twelve (12) months of written approval of its application by the Department of Environmental Conservation;
3. That one (1) certified copy of this Resolution be prepared and sent to the Albany Office of the New York State Department of Environmental Conservation;
4. That this Resolution takes effect immediately
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
MOTION #210 Councilman Bosworth moved to SET THE PUBLIC HEARING FOR THE 2008 BUDGET FOR THURSDAY, NOVEMBER 8TH , 2008 AT 7:30 PM. 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 HEARINGS:
8:00 PM - Approval of Sewer Assessment Roll pursuant to Section 202 of the Town Law.
Legal notice read by Town Clerk, Rosemary Centi.
Supervisor Runion explained that sewer areas are divided into two zones. Zone A has sewers already installed and ready for use and Zone B is where the sewer is proposed to be in use within the next five (5) years.
In Zone A, a typical one-family home in 2008 would pay $87.15 towards principal and interest owed by the sewer district, a decrease of .08 from last year.
In Zone B, a typical one family home would pay $26.54 towards principal and interest, an increase of .43 from last year.
Supervisor Runion asked for comments from the public. No public comment.
MOTION #211 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON THE SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202 OF TOWN LAW. 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 # 212 Councilman Bosworth moved to ADOPT THE RESOLUTION AS SUBMITTED ESTABLISHING THE PRINCIPAL AND INTEREST PORTION OF THE SEWER ASSESSMENT ROLL FOR ZONE A AND ZONE B PURSUANT TO SECTION 202 OF THE TOWN LAW. 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
8:15 PM - Approval of Sewer Assessment Roll pursuant to Section 202(a) of the Town Law
Town Clerk, Rosemary Centi, read the legal notice.
This second hearing, pursuant to Town Law 202 (a), pertains to the operation and maintenance portion of the Sewer District Assessment Roll. The typical one family home would pay, in 2008, $212.08 towards operation and maintenance, an increase of .05 from the previous year.
Supervisor Runion asked for public comment. No public comment.
MOTION #213 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON SEWER DISTRICT ASSESSMENT ROLL PURSUANT TO SECTION 202 (a) OF TOWN LAW. 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 #214 Councilman Bosworth moved to ADOPT THE PREPARED RESOLUTION SETTING THE OPERATION AND MAINTENANCE PORTION OF THE SEWER DISTRICT ASSESSMENT ROLL PURSUANT TO SECTION 202 (a) OF TOWN LAW. 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
Supervisor Runion stated that the next Town Board meeting would be held on November 8th due to the elections on November 6th, 2007.
MOTION # 215 Councilwoman Slavick moved to ADJOURN THE TOWN BOARD MEETING OF OCTOBER 16TH, 2007 AT 8:10 PM. 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
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
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