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 July 8th, 2008 Town Board meeting.
MOTION #156 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE JULY 8TH , 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 Opposed
Supervisor Runion Aye
PUBLIC COMMENT PERIOD -
June Klein - Ashford Drive
Commented on the last town board meeting.
She stated, ” I’ve lived in Guilderland for 34 years and worked for the Town for more that than 20. Never was I more angry with a Town Board meeting, and I’ve been to many, as I was at the last meeting in July.
First of all, for you Mr. Redlich, some things that I think need straightening out.
The Assessor does not assess taxes, she is not a tax assessor, she assesses property values and she is one of the finest women, I never worked for her, but I worked with her.
I also worked with her predecessor, Shirley Royak.
For you to even suggest, in any way, that the assessing process in this town is anything but on the up and up is totally outrageous. Guilderland has been and will continue to be held as the benchmark for New York State.
I think that you have to do a little bit of homework. You ran for public office, you were elected to that office. Please don’t just sit there and throw out lies and half-truths. It’s not fair to those of us who pay taxes to this Town.
Second, and again, it’s to Mr. Redlich, and believe me I didn’t come here gunning for you, but it seems to me when I sit home watching these meeting, that you treat every person that comes up to speak as if they are a hostile witness in a trial. We are not. We are members of this town; you shouldn’t speak down to us. We may not know as much about the law as you do sir, but some of us know more than you know about the running of this Town.”
Don Reeb, President of the McKownville Improvement Association, thanked the Supervisor for putting together a Stormwater Survey and distributing it to homeowners in the McKownville Neighborhood. Supervisor Runion stated that the Highway Department had put together the survey.
Mr. Reeb continued by saying that they have had significant stormwater problems in McKownville since 1969 and that they are now getting a Supervisor to pay attention to that and act on it.
The Town Highway members have been down there and working very hard.
He stated that he had nothing but praise for the Town and Mr. Hotaling and his associates for doing that work. It is wonderful that we are getting that service.
He further stated that they are in the process of raising money for the Plant family who had suffered extensive damage to their basement due to the rain and there would be a fundraiser for them.
A fundraiser would be held on Sunday, August 24th, 2008.
Doug Smith, McKown Road, asked that the Town re-administer the survey every 4-5 years to monitor progress.
AGENDA ITEMS:
Item #1 on the agenda concerned entering into an inter-municipal agreement and joining the Albany County Storm Water Coalition as part of the Town’s MS4 project.
Nancy Heinzen, Stormwater Program Coordinator presented. (P 102A)
Supervisor Runion explained the process and how the Town has proceeded in dealing with the Federal mandates for the program. As part of the program, several out reach programs and meetings had been held concerning stormwater management.
Several reports of a self-evaluation type had been submitted and the Town had participated, with the County, which has applied for and received grants to aid the various municipalities with initially coping with the mandates that were imposed with regard to stormwater management. Several local laws had been adopted, which were required. He further explained how the Town would meet its goals regarding stromwater management.
Supervisor Runion further stated that it was an ongoing program that would require someone or some entity that will aid all of the municipalities in the County so that they all work together towards a common goal of controlling stormwater.
There is a proposed agreement that everyone has joined in on.
Ms. Heinzen stated that the Stormwater Coalition evolved out of a grant that was co-submitted with Albany County as the Lead Agency and 11 other municipalities participating in the grant.
She explained that the substance of the agreement defines the function of the coalition, establishes a membership fee; works out a work plan and a budget.
The agreement lasts for four years, which can be renewed, and every municipality has the option of pulling out.
This is a Federal mandate. Chances of receiving grant money increases dramatically if you join a coalition.
She further stated that this was not a casual document and that a lot of thinking had gone into the agreement.
It is an annual fee and the Town’s share would be $14,582.00 for 2009.
The agreement provided structure for the process.
Questions were asked by Board members regarding stormwater problems, the structure of the agreement, grant monies, membership cost, budget and staffing and the types of problems that the coalition would address.
Councilman Redlich asked for the Supervisor’s input.
Supervisor Runion stated that he was in favor of it. It has been an expensive program for the Town but the benefits of the coalition would aid the Town.
Councilman Grimm expressed his concern that this was County service and that they should fund it.
Supervisor Runion stated that every municipality was responsible for its own stormwater program. The County was trying to eliminate duplication within the program, and that the program begins with each municipality.
Ms. Heinzen explained that every municipality has its own MS4 permit requirements.
She went on to explain coalition duties.
MOTION #157 Councilman Redlich moved to ADOPT A RESOLUTION ACCEPTING A NEGATIVE DECLARATION UNDER THE SEQR REGULATIONS FOR THE MS4 STORMWATER AGREEMENT. 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 #158 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN THE INTER-MUNICIPAL AGREEMENT AND JOINING THE ALBANY COUNTY STORM WATER COALITION AS PART OF THE TOWN’S MS4 PROJECT AND REQUIREMENTS. 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 #159 Councilman Redlich moved to DESIGNATE SUPERVISOR RUNION AS THE REPRESENTATIVE TO THE INTER-MUNICIPAL COUNCIL FOR STORMWATER MANAGEMENT. 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 #2 on the agenda concerned appointing Dr.Thomas Kriger as Chairperson of the Economic Development Advisory Committee and establishing the annual salary for the position at $3,600.00.
Dr. Kriger answered questions from the Board members regarding his ideas for the position and for economic development in the Town.
Councilman Grimm congratulated Dr. Kriger and thanked the other candidates who applied for the position, Michael Borges, John Elsasser and Willliam Klee.
MOTION #160 Supervisor Runion moved to APPOINT DR. THOMAS KRIGER AS CHAIRPERSON OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AND ESTABLISHING THE ANNUAL SALARY FOR THE POSITION AT $3,600.00. 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 #161 Councilman Redlich moved to ACCEPT THE BIDS FOR VARIOUS ITEMS REQUESTED BY THE HIGHWAY DEPARTMENT )ASPHALT, DIESEL FUEL, HEATING OIL AND BURNER SERVICE). 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 #162 Councilman Pastore moved to APPROVE THE APPOINTMENTS OF JACQUELINE SIUDY AND GERALD LUGG, JR. AS BUILDING INSPECTORS FROM THE ALBANY COUNTY CIVIL SERVICE LIST. 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 #163 Councilwoman Slavick moved to WAIVE THE BUILDING PERMIT FEE FOR 29 PROVIDENCE STREET FOR FOUNDATION REPAIRS DUE TO STORM DAMAGE. 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 #164 Councilwoman Slavick moved to NAME A PRIVATE LANE OFF OF COUNTY LINE ROAD AS ALMOND LANE. 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 Recused himself
Supervisor Runion Aye
MOTION #165 Councilman Pastore moved to SCHEDULE AN INFORMATIONAL MEETING OR WORKSHOP ON SEPTEMBER 23, 2008 AT 7:30 PM ON THE TENTATIVE 2009 BUDGET. 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 #166 Councilman Pastore moved to ENTER INTO EXECUTIVE SESSION AT 8:42 PM TO DISCUSS:
a. THE PURCHASE OF A PARCEL OF LAND TO BE USED BY THE TOWN FOR RE-LOCATION OF THE TOWN’S COMMUNICATIONS TOWER.
b. CONTRACT NEGOTIATIONS FOR THE RE-LOCATION OF THE COMMUNICATIONS TOWER
c. APPEAL RE: FOIL REQUEST
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
Appeal of Lily Multari - Scanlon regarding FOIL request.
MOTION #167 Councilman Redlich moved to FOLLOW THE RECOMMENDATION OF THE TOWN’S ZONING ATTORNEY TO MAKE AVAILABLE THE LOGS AND RODGER STONES’S NOTES.
No second to the motion.
MOTION #168 Supervisor Runion moved to DENY THE APPEAL BASED ON THE FOLLOWING:
1. Requestor has asked for Town of Guilderland complaint form which was provided
2. The request for photos had been withdrawn
3. Sworn statements and depositions are not subject to FOIL as they are an Attorney’s work product.
4. The request for names of complainants and dates and time of the complaints are not a Town record and is a request for the Town to create a record. It is not a proper exercise of FOIL to create records.
Councilwoman Slavick seconded the motion and it was carried by the following roll cal vote:
Councilman Redlich Opposed
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Opposed
Supervisor Runion Aye
MOTION #169 Councilman Pastore moved to APPROVE THE PURCHASE OF A PARCEL OF LAND TO BE USED BY THE TOWN FOR RELOCATION OF THE TOWN’S COMMUNICATIONS TOWER AND TO AUTHORIZE THE SUPERVISOR TO SIGN A PURCHASE AGREEMENT. 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 #170 Councilwoman Slavick moved to APPROVE CONTRACT NEGOTIATIONS FOR THE RE-LOCATION OF THE COMMUNICATIONS TOWER. 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 #171 Councilman Grimm moved to EXIT EXECUTIVE SESSION AT 9:50PM. 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 #172 Councilman Redlich moved to CORRECT AGENDA ITEM #6 DESIGNATING A PRIVATE LANE OFF OF COUNTY LINE ROAD AS ALMOND LANE AND TO DESIGNATE IT AS ANDY’S WAY. 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 Recused himself
Supervisor Runion Aye
MOTION #173 Councilman Redlich moved to ADJOURN THE AUGUST 19TH, 2008 TOWN AT 9:52 PM. Councilman Pastore seconded the motion and it was carried b y 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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