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 Redlich
Councilwoman Slavick
Councilman Pastore
Councilman Grimm
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 accepting the minutes of the May 6, 2008 Town Board meeting.
MOTION #115 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE MAY 6, 2008 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following a roll call vote:
Councilman Redlich Abstained
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD: No public comment
PUBLIC HEARINGS:
7:30 PM - Re-zone request of Susan Thomas for a parcel located at 4770 Western Ave. from Industrial to RA-3.
Town Clerk, Rosemary Centi, read the legal notice. (P 62A)
Supervisor Runion read the Albany County Planning Board recommendation deferring to local consideration and the Town of Guilderland Planner, Jan Weston’s opinion. (P 62B & C)
Mr. James Besha, presenting, stated that they had a concept approval from the Planning Board to subdivide.
The purpose of the re-zone was to construct a single-family home on 12 acres.
Councilman Redlich asked if it was necessary to subdivide the lot in order to obtain the re-zone.
Town Attorney, Richard Sherwood, stated that it was not.
Councilman Pastore stated the it was his understanding of the Town Planner’s comments that it was preferable to re-zone to RA-3 because there would be a more limited use under the RA-3 re-zone and more beneficial to the residents of the Town as the parcel was close to the Watervliet Reservoir.
He asked if there was a “no build” provision for the back part of the parcel that was closest to the reservoir.
Mr. Besha stated that there was not, but that the City of Watervliet owned the property that bordered the reservoir up to 300’ from the water.
Supervisor Runion stated that the Town of Guilderland also had restrictions regarding building near the reservoir.
Mr. Besha also stated that he would request that the re-zone be granted conditionally on the Planning Board’s approval of the subdivision.
MOTION #116 Councilman Redlich moved to CLOSE THE 7:30 PM PUBLIC HEARING ON A RE-ZONE REQUEST OF SUSAN THOMAS. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Supervisor Runion read the Short Environmental Assessment Form and stated that the answers to the questions regarding environmental impacts of the property were all answered in the negative. Also, that the re-zone would create a better buffer between the industrial portion of the property and the Watervliet Reservoir.
MOTION #117 Councilman Redlich moved that THE PROPOSED ACTION WOULD NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #118 Councilman Redlich moved TO RE-ZONE 12.03 ACRES FROM INDUSTRIAL TO RURAL 3 AS PROPOSED IN THE APPLICATION, CONDITIONAL UPON SUBDIVISION APPROVAL OF THE PLANNING BOARD AND THAT THE PLANNING BOARD REVIEW THE ISSUE OF NO BUILD AND NO DISTURBANCE AREA AT THE REAR OF THE PARCEL. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote.
Councilman Redlich Aye - stated that though he has been concerned with spot zoning, this application was a shift from a more intensive use to a much less intensive use and that the surrounding properties are zoned the same as the proposed change. He further stated that the change has a much less environmental impact.
Councilwoman Slavick Aye
Councilman Pastore Aye- stating that the current motion brings back to the Planning Board the suggestion that they review that back portion of the lot.
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #119 Councilman Pastore moved to APPROVE AUTHORIZING THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR THE SALE OF A SURPLUS GENERATOR. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #120 Councilman Pastore moved to APPROVE THE APPOINTMENTS OF DR. SUSAN WHEELER WEEKS, DIANE MEEUSEN, MARTHA WHITNEY, AND THE REVERAND ALLEN JAGER TO SERVE ON THE GUILDERLAND CENTER HAMLET STUDY COMMITTEE. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye- thanked those who were volunteering for the study.
Supervisor Runion Aye- thanked those who expressed an interest in working on the study and further stated that this was the fifth study undertaken in accordance with the Comprehensive Plan.
Item #3 on the agenda concerned a presentation by Don Fletcher of Barton and Loguidice with regard to the MS-4 Year 5 Annual report, (Storm Water Management Report available in Town Clerks Office) which concerns requirements that the Town look at storm water management.
Mr. Fletcher stated that this was a program started in 2003 as a requirement of the EPA and the DEC concerning small municipal separate storm sewer systems.
The Town of Guilderland is one with 11 other municipalities in Albany County based on population and proximity to urban areas concerned with this project.
He explained the program to the Board and that as part of the MS 4 program the six minimum measures that the Town needs to comply with.
They are:
Public education and outreach, public participation, illicit discharge and detection, construction site storm water runoff control, post construction storm water maintenance of catch basins, storm sewer systems and ponds that the Town owns and good housekeeping and pollution prevention of municipal facilities.
Two local laws were passed in the fall of last year regarding storm water management and illicit discharge.
Councilman Redlich asked about funding and Mr. Fletcher stated that it came from the DEC with a Town match through in-kind services.
Councilman Redlich further stated his particular concern with flooding in the McKownville area and the pumping into the sanitary sewer system.
He asked what could be done about the problem.
Mr. Fletcher explained that the system is a very old one and that there is very little storm drainage and a very high water table.
He further explained that there were not a lot of places for the water to go in that area; consequently, residents were draining into the system, which is illegal.
Councilman Redlich asked about the cost of a study for this problem, and whether there was grant money available for this. He asked if a study had been done regarding this issue. Supervisor Runion stated that there had been a study done by the Highway Department in a portion of McKownville but that portions of the system remain on private property which the Town did not have access to.
Superintendent of Water and Wastewater Management, Bill West, stated that small studies had been done but nothing comprehensive.
He further stated that an engineering design study could cost between $300,000.00-$400,000.00
Councilman Grimm asked what was currently being done and Supervisor Runion listed the grants that the Town had obtained for the area.
Supervisor Runion stated that the Town was in the design phase and to try to create a drainage area which will never result in the flooding of Western Avenue would cost somewhere in the $3-$5 million dollar range. This is a project that will put in about $500,000 to $600,000 to make it so that flooding would occur every 5-10 years.
Supervisor Runion explained that Western Avenue is actually the retention basin for the area.
The Town has been trying to control the flooding issue by controlling the levels of the McKownville reservoir.
He explained the advantages to keeping the reservoir at certain levels and what could be done to alleviate the flooding.
Councilman Redlich asked if an engineering study had been done.
Supervisor Runion stated that it had been done by DOT and that DOT had a copy.
Councilman Redlich asked if this would alleviate the problem with basement flooding.
Supervisor Runion stated that it would not because that situation was a water table problem.
Bill West explained that because of the flooding problem in the area, residents would drain their basements into the storm water system causing problems with both the sanitary sewer system and the storm water system.
Councilman Redlich asked Bill West if a study could be done regarding the problem.
Supervisor Runion explained that an estimated cost should be taken into consideration before a major study could be done. He suggested surveying the area first.
Further discussion was held regarding the issues in McKownville and storm water management and a decision was made to proceed with a survey regarding residents’ problems with water drainage. Supervisor Runion stated that he would be contacting Todd Gifford, Superintendent of Highway.
MOTION #121 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SUBMIT THE 2007 STORM WATER MANAGEMENT REPORT FOR THE TOWN OF GUILDERLAND. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Item #4 on the agenda concerned authorizing the Department of Water and Wastewater Management to go out to bid for the West End Water District Extension, subject to the Town receiving approval from the State Comptroller for such extension.
Supervisor Runion stated that the Town Was waiting for approval for the Comptroller’s office that their cost to each and every taxpayer is not above a certain maximum level for the project.
The project is based on receiving the approval.
Councilman Redlich asked questions concerning costs to the residents and the Town.
Mr. Ed Hernandez, project manager, Delaware Engineering, reported on the costs for the project and benefits of the extension.
MOTION #122 Councilman Pastore moved to AUTHORIZE THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR THE WEST END WATER DISTRICT EXTENSION, SUBJECT TO THE TOWN RECEIVING APPROVAL FROM THE STATE COMPTROLLER FOR SUCH EXTENSION. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Item #5 on the agenda concerned approving the adoption of a resolution in support of the Altamont Free Library in regard to two grant applications pursuant to the Transportation Enhancement Program and the Environmental Protection Act.
MOTION #123 Councilman Redlich moved to ADOPT A RESOLUTION THAT THE TOWN BOARD OF THE TOWN OF GUILDERLAND SUPPORTS THE EFFORTS OF THE ALTAMONT FREE LIBRARY TO SECURE FUNDS NEEDED FOR THE RESTORATION OF THE ALTAMONT TRAIN STATION, AND BY THIS RESOLUTION AUTHORIZES THE PRESIDENT OF THE BOARD OF TRUSTEES OF THE ALTAMONT FREE LIBRARY TO SUBMIT AN APPLICATION FOR THIS PROJECT UNDER THE SAFETEA-LU GRANT PROGRAM AND THE ENVIRONMENTAL PROTECTION ACT GRANT FOR 2008, HISTORIC PRESERVATION. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #124 Councilman Pastore moved to ENTER INTO EXECUTIVE SESSION AT 8:55 PM RE: LITIGATON MATTER. Councilman Redlich seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #125 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH FORTUNATO DEVELOPMENT, INC. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #126 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 10:58 PM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #127 Councilwoman Slavick moved to ADJOURN THE MAY 20, 2008 TOWN BOARD MEETING AT 11:00 PM. Councilman Redlich seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Respectfully submitted,
Rosemary Centi, RMC
Guilderland Town Clerk
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