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 March 20, 2007 Town Board meeting.
MOTION #97 Councilman Bosworth moved to APPROVE THE MINUTES OF THE MARCH 20, 2007 TOWN BOARD MEETING. Councilwoman Slavick seconded the motion and it was carried b y the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD - NO PUBLIC COMMENT
PUBLIC HEARINGS:
7:30 PM - Guilderland Water District Extension #73
Supervisor Runion stated that this public hearing concerned Guilderland Water District Extension #73, which is a water looping project that the Town Board had a map plan and plan filed by Delaware Engineering, Town consultants on the project.
It is a looping project that will take a water main from Route 146 in Guilderland Center down Route 158 to Old State Road and then proceed down Old State Road to Route 20. There is also a small extension on Church Road and Weaver Road.
Town Clerk, Rosemary Centi read the legal notice.
Supervisor Runion further stated that the Town of Rotterdam had expressed an interest in establishing an emergency interconnect at the Church Road site.
Ed Hernandez presenting for Delaware Engineering, introduced maps showing the projected sites.
He stated that the three objectives of the project were to provide water to those existing residential and commercial establishments on the route that currently do not have water available, to improve hydraulic flow and fire flow throughout the entire system. The system looks to connect 189 new users as part of the project.
The cost for 6 1/2 miles of pipeline would be $7.3 million with an anticipated cost to the new users of about $575.00 per year and to existing users approximately $9.91 per year.
The cost for connection would be approximately $1,500 plus metered water rates based on usage.
The residents in the proposed area would be required to pay for the debt service but connection is not a requirement.
Dan Thuener, 2420 Old State Road - asked if grants for the extension had been looked into.
Supervisor Runion stated that grants were usually awarded to more rural communities. The Town of Guilderland has a per capita income that is above what the Federal levels are for grants. He further stated that this project becomes feasible because of the improvements, which will be made to the existing water system and the ability to pass a portion of the cost of the project throughout the entire Guilderland water district.
He further explained that there are guidelines that the State Comptrollers Office issues as to what the maximum cost can be to the homeowners getting the water service. This amounts to approximately $586.00 per year. The charge has been kept below this amount.
Clarence Turek, 7411 Church Road, asked if the $586.00 was at the maximum amount.
Supervisor Runion stated that it was.
Clarence Turek asked if this also included the metered water charge.
Supervisor Runion stated yes, that the debt service for the project amounted to about $440 - $450.00 and the anticipated average amount of water used amounted to the difference.
You would see a higher bill if you use more than the average water customer.
Mr. Turek asked about water quality and Supervisor Runion stated that the Town did not have a problem as a result of the improvements made over the past few years. The Town meets all of the stringent State requirements.
Brian Hendricks, 4571 Hurst Road, was in favor of the improvement but would regret the removal of trees along the street and asked if the mains could be run under the street.
Ed Hernandez stated that they would try to keep the line on the southern side of the road and would take the care of the trees into consideration.
The line could not be run under the pavement for a number of reasons.
It would increase the capital cost and every time a repair needed to be made, the road would have to be ripped up.
Janet Joralemon, 7359 Church Road, asked if the line would go to her house, as it was a keyhole lot.
She also asked when the project would start, how long it would take and how long was the bond term.
Supervisor Runion stated that she would have to bring the line to her home and that the project should take 1 1/2 to 2 years to complete from the approval date. The Town has to go to the Department of Environmental Conservation and the State Comptroller's Office for approvals.
Also, there is a bidding requirement that would take time. The length of the bond is 30 years.
Jack Fitzgibbon, 7401 Church Road, stated that he is opposed to the water extension. Does not understand why he should pay for the district if he does not intend to connect.
Supervisor Runion explained that the residents would be charged because the water will be available to the homeowners along the line.
William West, Superintendent of Water and Wastewater Management explained an average homeowner cost of water usage.
He also explained that this would be a benefit assessment tax.
The cost is kept lower because everyone is paying a share.
Tim Coughtry, 4382 Western Turnpike, asked if he would be able to hook up to the system.
William West stated that it was possible but his would be a greater cost because of certain variables such as wetland consideration.
Mike Brezny, 6581 Route 158, asked questions regarding installation and details such as landscaping and placement of hydrants.
Ed Hernandez stated that the design plans had not been completed.
Hydrants are placed every 500 ft. Driveways would be restored, basically leaving the area in better condition than it was found. He would like to be made aware of buried lines. If anything is broken it will be repaired.
They will be on the east side of the road. Boring will be done under the road with lines being brought to the curb stop. Homeowners would be responsible for bringing lines to the house.
The engineers would like to bid it out over the winter. Construction could start next spring and the water would most likely be turned on in the spring of 2009.
Lori Beckman, Route 146 and Weaver Road, thanked the Town for water for which she had been waiting 20 years.
She also stated that the Town Board and engineers have gone out of their way to make this affordable by spreading the cost throughout the entire town.
Ellen Foley, 2378 Old State Road, stated that she was extremely in favor of the water extension. She asked about the voting process for the extension.
Supervisor Runion stated that the only voting to be done would be by the Town Board for the manner of funding for the project. If the Board decides, by a Super majority, to bond the project, there is no voting by the general public.
If, however, the Town Board splits, it would concern the entire water district.
She also asked if the loop that is formed by the new water extension would decrease the chemical cost of treating the current water system.
Supervisor Runion stated that the decrease would be negligible, but that it would help with some of the areas where there is not a continual flow through the system causing some hot spots.
William West stated that the town was looking to constantly put fresher water into the system
Mrs. Foley asked if the customers were selected based on the survey.
Supervisor Runion stated that they were. It helped to identify residents with water quality and quantity issues.
Mrs. Foley ended by saying that with the cost of her wells, the softener used, and the cost of purchased water, the cost for connecting to town water would equal out.
It would be a tremendous benefit to their quality of life.
Ken French, 7041 Chandler Road, asked about availability to tie into the main from the other side of Route 158.
Ed Hernandez stated that the cost for this would be significant.
William West stated that the main purpose of the extension was to service existing homes, not to bring water to vacant parcels of land. Lines could be extended in the future if residents wanted to subdivide.
Ken French asked if a homeowner could extend a line under Route 158 to Chandler Road.
William West stated that it could be done through another water district extension line.
The cost of that extension is born totally by the person requesting the extension.
Sue Green, 6655 Rt. 158, stated that she felt this was a penalty tax for service that she was not going to hook up to. She asked what the cost would be if she decided to hook up at a later date.
Supervisor Runion stated the payments would be based on principal and interest of the bond.
Ed Hernandez stated that there was no option to opt out. Everyone would need to be included for this system to work.
Sue Green also stated that water meant growth.
Supervisor Runion reiterated that this extension was closely defined to properties with homes and not large areas of vacant land.
Dorita Nobles, W. Old State Road, stated that she was very glad to have the water.
She asked that the town work with contractors to give the residents a fair price.
Supervisor Runion stated that the Water Department would work with the contractors to get the best price.
Joseph Perry, 4680 Hurst Road, asked if he is an existing customer.
Supervisor Runion stated that he was an existing customer.
Jim Bruce, Weaver Road, stated that he was very in favor of the water extension.
MOTION #98 Councilman Bosworth moved to CLOSE THE 7:30 PM PUBLIC HEARING ON WATER EXTENSIN #73. 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 Town was still in the process for the requirements for the State Environmental Quality Review Act, particularly the archaeological requirements.
Before the project can be approved, all of the environmental data needs to be evaluated and reviewed by the Board along with the consultants. The Town Board will then make a determination on the SEQR and to determine whether the project should proceed.
He further stated that there was an additional ten days to submit comments.
Break / 8:43 P.M. - 9:00 P.M.
8:00 PM - Draft Environmental Impact Statement for Glassworks Village - Route 20 & Winding Brook Road
Town Clerk, Rosemary Centi read the legal notice.
Presentation by Daniel O'Brien, Atlantic Pacific Properties, applicant.
Summary of Project Design History available in Town Clerk's Office.
Changes made:
Density cut by 10%.
Size of preserve increased with trails and sidewalks.
Removed all homes with front loaded garages. Change the storm water management program into more features.
Improve buffer area along Chancellor Drive.
Joseph Sausto addressed issues raised at the last town board meeting.
Applicant has met with Behan Planning Group.
John Behan stated that they had been working with the applicant from the beginning of the project and is very pleased with the status and progress of the project, and their willingness to adapt to the necessary changes.
A site plan showed site plan and trails with information addressing how this type of development lessens the dependency on the automobile.
Nick Ranieri explained the concept of "New Urbanism" and how it was appropriate for pedestrian movement with interaction for the community on this site.
Dave Kahlbaugh, Clough Harbour & Associates, addressed issues of traffic generated east of Route 155.
Frank Palumbo of C.T. Male provided some information on the impact of the project on local Police and EMS but stated that discussions were still ongoing.
Mr. Sausto stated that under the current PUD regulations that have existed in the Town for quite some time, all the uses and densities proposed are allowable under current PUD regulations.
The only variances needed would be for a height variance. The proposed plan fits completely within the current PUD regulations and is the type of project that was envisioned.
Supervisor Runion read an e-mail form Gene Danese, President of the Guilderland Hamlet Association indicating their support of the project (P 35A) and Dr. Lindsay Childs (P 35B).
Michael Kurz, Western Avenue, expressed his concern with the increased traffic flow.
He stated that he would hope that the Board discharges its obligations in reviewing this project to help mitigate the impacts on his office.
Merry Sparano, member, Guilderland Library Board of Trustees, read a letter from Library Board of Trustees President, Robert Ganz, stating that there was no mention of the Library and it's concern with the impact of the intended road running behind the library building.
The new road would pass by the library's literary garden.
She asked if any studies were done regarding traffic on that road.
Brian Hartson asked why the applicant did not have information about the library and it's concerns. He also questioned why the Town was not looking to put in a road further down on Mercy Care out to Winding Brook. He further stated that he was in favor of the project but that the use of the paper road runs counter to the whole prospect of "new urbanism".
He asked when a detailed response would be forthcoming to their concerns.
Hiram Eberlein stated that there was a great deal of interest by the Guilderland Hamlet Association in the road that is further down the property. The Association felt that that is where the connection should be.
He stated that the association felt having trucks on the paper road would not be a good idea and that there should at least be a weight limit.
They feel strongly that the road behind SPARC should be constructed.
Jim Shultz, attorney for the applicants, requested that the Board close the public hearing and allow time for additional comments, which would be addressed and commented upon.
Summary of Project Design History available in Town Clerk's Office.
MOTION #99 Councilman Bosworth moved to CLOSE THE 8:00 PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR GLASSWORKS VILLAGE, ROUTE 20 AND WINDING BROOK ROAD AND TO ALLOW WRITTEN COMMENTS TO BE SUBMITTED TO THE BOARD ON OR BEFORE MAY 10, 2007. 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 #100 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO GO OUT TO BID FOR A PEDESTRIAN BRIDGE AT TAWASENTHA PARK. Councilman Bosworth seconded the motion and it was carried by the following roll cal vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
MOTION #101 Councilman Ricard moved to CHANGE THE JOB TITLE OF JORDAN JAKWAY FROM SEASONAL LABORER/GOLF COURSE TO PARKS AND BUILDING MAINTENANCE PERSON. 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 #102 Councilman Pastore moved to APPOINT CATHERINE KNIGHTES AS CLERK I (PART TIME-BUILDING DEPARTMENT) FROM THE ALBANY COUNTY CIVIL SERVICE LIST. (START DATE APRIL 23, 2007) 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 #103 Councilman Bosworth moved to APPOINT CATHERINE WHITNEY AS CLERK I ( FULL TIME-TAX DEPARTMENT) FROM THE ALBANY COUNTY CIVIL SERVICE LIST. (START DATE APRIL 30, 2007) Councilwoman Slavick seconded the motion and it was carried by the following call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
MOTION #104 Councilman Bosworth moved to ADOPT THE FOLLOWING RESOLUTION MEETING NEW STATE REQUIREMENTS OF 4 HOURS TRAINING ANNUALLY FOR PLANNING AND ZONING BOARD MEMBERS AND APPROVING PROGRAMS ELIGIBLE FOR SATISFYING SUCH REQUIREMEMTS:
WHEREAS Town Law Sections 267 and 271, Village Law Sections 7-712 and 7-718, and General City Law Sections 27 and 81 provide that effective January 1, 2007, all planning board and zoning board of appeals members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year; and
WHEREAS the above sections of state law provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if they have not completed the training required by law; and
WHEREAS the above sections of state law provide that the legislative body of the town, village and city specifies which activities qualify as training to satisfy the state requirements; and
NOW, THEREFORE, be it
RESOLVED, that the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices:
1) the NYS Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of Health; Department of Transportation; Department of Environmental Conservation; Office of Parks, Recreation, and Historic Preservation; Hudson River Greenway, _______________________; and
2) the New York State Association of Towns, the New York Conference of Mayors, the New York State Association of Counties, the New York Planning Federation, the American Planning Association, the Upstate New York Chapter of the American Planning Association and its sections, and the Metro New York Chapter of the American Planning Association and its sections, _______________________; and
3) the Capital District Regional Planning Commission, Central New York Regional Planning and Development Board, Herkimer-Oneida Counties Comprehensive Planning Program, Lake Champlain-Lake George Regional Planning Board, Long Island Regional Planning Board, Southern Tier Central Regional Planning and Development Board, Southern Tier East Regional Planning and Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, Hudson Valley Regional Council, Tug Hill Commission, and
Adirondack Park Agency; and
4) the ______________________ County Planning Federation,________________County Planning Department (s); and _____________________County Soil and Water Conservation districts; and
5) the Albany Law School Governmental Law Center and Institute for Legal Studies, Pace Law School, Cornell University and its cooperative extension, _______________; and
6) on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy;
AND LET IT FURTHER be
RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board/Village Board of Trustees/City Council upon request of a planning Board or zoning board of appeals member; and be it further
RESOLVED, that any new member appointed to fill the last 12 months of a term shall not be required to have attended training to be re-appointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein; and be it further
RESOLVED, that training received by a planning board member or zoning board of appeals member in excess of four hours in any one year may be carried over by the member into succeeding years; and be it further
RESOLVED, that the Town Clerk shall create and maintain a system of tracking the training individual members complete annually; and such information shall be presented to the appointing authority prior to considering a member for reappointment.
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 #105 Councilman Pastore moved to WAIVE THE BUILDING PERMIT FEE FOR 9001 JENNIFER COURT (home damaged by fire on November 8, 2006). 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 #106 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR'S WARRANT FOR GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $107,922.30. 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 #107 Councilman Ricard moved to AWARD THE BID FOR HEATING - AIR CONDITIONING IMPROVEMENTS IN TOWN HALL TO TECHNICAL BUILDING SERVICES IN THE AMOUNT OF $17,945. 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 #108 Councilwoman Slavick moved to AWARD THE BID FOR TOWN HALL RENOVATIONS (SUPERVISOR - HUMAN RESOURCE OFFICE SPACE) TO WEBBER BROS. CONSTRUCTION, INC. IN THE AMOUNT OF $41,875. 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
MOTION #109 Councilwoman Slavick moved to AWARD THE BID FOR HEATING - AIR CONDITIONING AT THE SCHOOLCRAFT HOUSE TO GIO HVAC IN THE AMOUNT OF $12,551. 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 #110 Councilman Pastore moved to AWARD BIDS FOR CHEMICALS USED BY THE DEPT. OF WATER AND WASTEWATER MANAGEMENT. 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 #111 Councilman Bosworth moved to AWARD BIDS FOR HIGHWAY ITEMS AS RECOMMENDED BY THE SUPERINTENDENT OF HIGHWAYS. 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 #112 Councilwoman Slavick moved to ACCEPT TRANSFERS AS SUBMITTED BY COMPTROLLER, JEAN STERLING. 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 #113 Councilman Bosworth moved to ACCEPT WITH REGRET THE RESIGNATION OF MARK MCNULTY AS A COURT ATTENDANT AND APPOINT GERALD D. D'AMELIA AS COURT ATTENDANT, PART TIME. 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 #114 Councilman Bosworth moved to ADJOURN THE TOWN BOARD MEETING OF APRIL 17, 2007 AT 10:11 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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