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 approving the minutes of the April 15, 2008 Town Board meeting.
MOTION #103 Councilwoman Slavick moved to APPROVE THE MINUTES OF THE APRIL 15, 2008 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Abstained
Councilwoman Slavick Aye
Councilman Pastore Aye - asked if the correction on motion #94, his recusal was done. Town Clerk Centi stated that it had been.
Councilman Grimm Aye
Supervisor Runion Aye
Supervisor Runion stated that he had received an anonymous letter concerning the new State law regarding a Veteran’s Exemptions for Cold War Veterans.
Some local municipalities, such as Rotterdam, were looking at adopting a local law for this exemption.
He further stated that he had spoken with the Town’s Assessor and she stated that she was in the process of putting together the documentation for the Town Board to implement a local law for exemptions for Veterans of the Cold War.
PUBLIC COMMENT PERIOD:
John Adamovich, 149 Murphy Road, Schoharie, stated that he had been a seasonal employee for the Western Turnpike Golf Course for the last five years and that he had not been re-hired to the job of greens mower.
He further stated that John Sanchirrico, Superintendent of the golf course, had told him that as of April 23, 2008, employees had to be town residents.
On April 25, 2008 he stated that he had spoken with the Human Resources Department, and was told that there were two new board members and that the Town Board wanted to implement a new hiring policy. He further stated that he had been told that department managers had been notified a month ago.
He asked why there was a change.
Supervisor Runion explained that there were general town wide cuts within the budget and that he had been concerned with the revenue streams from such areas as the mortgage tax (there has been a reduction in new home sales) and the decline in this area.
Permanent personnel have been covering for other departments on a temporary basis and at the present time the Town was not hiring new permanent employees.
Mr. Adamovich stated that the job was posted. Supervisor Runion stated that they were required to post all positions and current town employees were allowed to move into that position.
Councilman Grimm asked if there was a new policy that they had to be Town residents.
Supervisor Runion stated that the Town had a policy that preference would be given to Town residents.
Mr. Adamovich stated that according to the Human Resource Office this Town Board had voted on the policy.
Councilman Redlich asked for clarification as to whether this Town Board had voted on this policy.
Town Clerk, Rosemary Centi stated that this Town Board had not, the policy had been adopted in 2004.
Councilman Grimm asked for clarification as to whether there was a requirement that town hires had to be residents and why the Director of Human Resources had stated there were two new board members and a new policy.
Supervisor Runion stated that budget cuts being implemented town wide. He further stated that the two new board members had complained about the budget. There were budget cuts and hiring freezes all over in order to control costs.
Councilman Redlich asked for clarification as to who made the decision not to re-hire Mr. Adamovich and who would take responsibility.
Supervisor Runion stated that he would.
Councilman Grimm stated that he understood the economic problems but that it was a Town Board discussion and the Board should not have heard about them at a public forum. He asked why there had been no discussion before the Town Board about these cuts.
Supervisor Runion clarified that as Chief Fiscal Officer and the Chief Administrative Officer of the Town, he had the authority to control the budget and to make those cuts where needed in order to make sure they met their obligations and not raise taxes for the residents.
Councilman Redlich asked when the decision had been made.
Supervisor Runion stated that it had been made a month ago that costs had to be controlled. He had indicated to the Town Board that he was concerned about the revenue stream and the budget.
Councilman Redlich asked how many seasonal staff were not being rehired at the golf course.
Supervisor Runion stated that there were approximately two on the golf side and one in the maintenance department.
Further discussion was held regarding hires and rehires.
Councilman Grimm asked about the Supervisor’s justification for the hires without Town Board approval.
Supervisor Runion stated that on January 1st the Town Board had given him the authority. There had been no changes to the budget.
He asked if Councilman Grimm would like to make a motion to hire an additional employee.
Councilman Redlich stated there was not enough information to make that motion but he wanted all of the names of the employees of the golf course from last year and this year.
Supervisor Runion stated that he would make that information available to the Town Board members.
Joseph Bryant, Foundry Road, stated his opposition to the Glassworks Village project. He stated that he was concerned with the fact that traffic assessment was done but not from Route 20 to Foundry Road to Nott Road to Route 155.
He was concerned with the detour of traffic from Route 20 down Foundry Road.
He gave a number of issues to the board stating his concerns such as the phased construction of the project, size of the project, if the access road at the back of Fairwood Apartments would be opened increasing traffic on Nott Road ,if anyone had looked at the possibility of moving the project to Washington Avenue, and whether there was an update to the plan.
Supervisor Runion stated that the Town had adopted the Environmental Impact Statement and the Findings of Fact, which contained the information that Mr. Bryant was looking for.
Councilman Redlich stated that the Findings of Fact had substantial changes made particularly relating to traffic on Western Avenue.
Supervisor Runion stated that there would be further public hearing held by the Planning Board and the Town Board and he recommended that Mr. Bryant take advantage of this and let his comments be known to the Board handling the projects at that time.
He further recommended that he contact Jan Weston, Town Planner.
Councilman Redlich stated his concern that according to the Town’s Comprehensive Plan there were many other lots that could lead to comparable development.
Mr. Bryant stated that he had e-mailed Councilmen Redlich and Grimm with his concerns and that he would rather pay more in taxes than have more traffic and a thousand more people living next to him.
Councilman Pastore asked if he mentioned his concerns prior to this meeting.
Mr. Bryant stated that he had just found out about the project.
Councilman Redlich asked where a better site for the project would be and what the guiding principles would be.
Mr. Bryant stated he felt it would be better on Washington Avenue Extension and not on Western Avenue where the traffic was already congested.
Further discussion was held regarding the idea of the Planned Unit Development with Supervisor Runion stating Mr. Bryant should be stating his concerns to the Planning Department and to be looking at the Environmental Impact Statement, which addresses a number of his concerns.
Carol Williams, Siver Road, stated that it was very important that people and the Town Board look at the Comprehensive Plan. She further stated that there had been a number of meetings addressing the development of the Town and that residents should be aware of what was going on in the Town.
She felt that the placement of the Glassworks Village would be inappropriate on Washington Avenue, as it would impact the Pine Bush Preserve.
Further discussion was held regarding the area of the Guilderland Hamlet study.
Lucas Petruzzini, Norfolk Street raised the issue of ATV’s in residential areas.
He went on to explain his concern with his neighbors who were using ATV’s on their property and on the roads.
He asked for some remediation of the problem by the Town Board. He further asked how the Town Code could be modified to prohibit the use of ATV’s on private properties.
Supervisor Runion stated the Town Attorney would have to look into the matter to see what type of State regulations there were regarding ATV’s and whether the Town Board has the authority to act in contravention of what the State has authorized.
Town Attorney, Richard Sherwood, asked if Mr. Petruzzini had looked at the Noise Ordinance and Mr. Petruzzini stated that he had in consultation with the Zone Code Enforcement Officer, Rodger Stone.
Councilman Redlich suggested that Rodger Stone measure the level of noise in order to be able to issue a citation.
PUBLIC HEARINGS:
7:30 PM - Public Hearing on a re-zone request for Dutchmen Acres, Depot Road by
Chris Meyer, Robert Meyer and Robert Kohler.
Town Clerk, Rosemary Centi, read the legal notice. (P 55A)
Supervisor Runion read the opinion of the Albany County Planning Board dated April 17, 2008. (P 55B)
He also read an advisory opinion from the Planning Board. (P 55B)
Mr. Greg Meyers presenting.
He stated that the property has been re-zoned to an RA 3 zone, which allows for flexibility in the design of the project, Country Hamlet being one such design.
He described wetlands and the number of acres that were buildable along with details of a prior traffic study that had been done.
The Town would provide water and sewer for the site.
He further stated that the basis of the Country Hamlet is flexibility, with the developer providing density based upon the outline of the Town Code. 75% of the site would be forever green and based on this fact the developer would be allowed a 1.0 unit per acre starting point.
He further described the type of buildings that would be built and the fact that they would upgrade the pump station at their expense in order to increase the density.
Councilman Redlich asked if the area had to be re-zoned in order for this project to proceed and if the Comprehensive Plan addressed this.
Supervisor Runion stated that it did. It was in the Rural Guilderland Plan.
Supervisor Runion asked if the developer had looked at the recommendations raised by the Albany County Planning Board.
Mr. Meyer stated that he had not as yet.
He explained that while the ACPB did not disapprove of the project, these items should be included and the impact of that may be to require a super majority vote unless they follow through on the three recommended items. He further stated that the three items raised were very serious and should be addressed before the Town Board attempted to re-zone this.
Very serious traffic impacts to County Routes 210 and 202, which are under the jurisdiction of the Albany County Department of Public Works with some of it being in relationship to the Northeast Industrial Park.
Jan Weston, Town Planner stated that under the new Country Hamlet zoning, the timeline for how this all works is different than other re-zones and that if the Town Board entertains this, the Town Board would only be giving a conditional re-zone. The law was set up so that they would have to go through the entire Planning Board process before the re-zone is put into effect. All of the conditions and concerns would be addressed through the Planning Board process. The final re-zone does not take effect until the Planning Board does all of their work.
Councilman Redlich asked if the Town Board would get another vote.
Ms. Weston stated that the law is written so that the Town Board would give a conditional re-zone if they can get their final approval from the Planning Board.
If they cannot get their approval based on all of these significant concerns, than the re-zone becomes null and void. Prior to this, the re-zone would have stayed in effect.
Councilman Pastore asked if it would behoove the Board to conditionally approve the request to allow the process to take place and bring to light all of the concerns raised from all parties to determine if the project, as proposed, could be warranted.
Ms. Weston stated that this was how the process was set up. The developer was looking for the Town Board to respond to whether they agreed in concept that this was appropriate for this site and then they would do the necessary work.
Councilman Redlich asked if the project concept could change with a conditional re-zone.
Ms. Weston stated that was true and then they would come back to the Town Board.
Councilman Pastore asked if the Planning Board could condition their approval of the plan that it go before the Town Board again and Ms. Weston stated that they could.
Ms. Weston stated that at this point the developer was asking if the Town Board was willing to re-zone in order to allow them to go to the next step or they could end the process at this time.
Councilman Redlich stated that one of his concerns was why the Town would not be engaging in spot zoning selecting this parcel for Country Hamlet. He felt that the developer could be sued as having engaged in spot zoning.
Supervisor Runion stated that a Guilderland Center Study was being developed for the area.
Michael Moak, 100 Cerutti Lane asked about the deeding of land to the owners of Nielsen Road and if that was still being considered.
Mr. Meyer stated that it was.
Mr. Moak also asked who would own the area that was designated forever wild.
Mr. Meyer stated that it would come under the auspices of a homeowner association and it would not developed.
Mr. Moak asked that the concept be explained.
Supervisor Runion stated that the homeowners association would be made up of the residents who buy out of the common property.
Mr. Moak asked about the possibility of problems with drainage. He stated that he had grave concerns regarding that issue.
Supervisor Runion stated that in the planning process a Town Designated Engineer would look at the situation.
Kelly Gardner, Nielsen Road asked about the walking traffic along Nielsen Road and if it would connect to Nielsen Road. She also had concerns about drainage issues on Nielsen Road at all times.
Mary Ellen Johnson, 4 Nielsen Road had serious concerns about drainage. She also stated that the original proposal did not have senior housing and that the new proposal has senior housing and questioned who would run the senior housing and who would guarantee that it would only be for seniors.
Mr. Meyer stated that certain guidelines and restrictions could be put on the deed to insure that that is maintained.
Craig Laviolette, 1 Nielsen Road, asked if the sidewalk was on Nielsen Road.
Mr. Meyer stated that it was not on Nielsen and it that it would be gravel unless the developer was directed to do otherwise. It would be connected to the end of the cul-de-sac.
Mr. Laviolette also stated that there was a very serious drainage problem and questioned what the construction would do to the Black Creek. He felt that there should be serious engineering studies done.
He further stated that there had been such severe flooding that FEMA became involved.
Niels Rinehart, 496 Route 146, asked for an explanation of the evergreen area and the designated wetlands.
Mr. Meyer reiterated that it would become a part of the homeowners association who would be responsible for the parcel.
Josh Lare, 486 Route 146, stated that he was looking for a development to come into Guilderland Center and was in favor of the project.
Councilman Grimm asked how drainage would be handled.
Mr. Meyer stated that it was too early in the process to detail.
Supervisor Runion stated that the Town Board is required to adopt a negative SEQR on this project. He felt that two questions on the SEQR form could not be answered.
Some preliminary work needed to be done on drainage and traffic.
He felt that the residents’ concerns needed to be addressed and some engineering information should be gathered along with traffic information.
Councilman Redlich stated that his concern was with spot zoning and that this project was not identified in the Comprehensive Plan.
Supervisor Runion stated that with the size of the lot it wasn’t spot zoning. He felt that the issues with respect to surface water, flooding problems and traffic issues are things that we need engineering background on.
Councilman Grimm asked Supervisor Runion what his recommendation was.
Supervisor Runion stated that he would like to appoint a Town Designated Engineer along with the developer’s engineer to look at the issues.
Councilman Pastore asked if the developer would be interested in following Supervisor Runion’s recommendation without the conditional re-zone.
This would give the residents more information regarding the issues.
Chris Meyer stated that it was costly to them to engineer the site. He further stated that this was the point that they would get further direction and guidance for the project.
Councilman Grimm asked if the project would mitigate the drainage problem.
Chris Meyer stated that they could not add a drop of water to the area and conditions would not worsen.
Supervisor Runion stated that the Town Board has to take a hard look at the environmental issues/ impacts and if the Town Board does not do so the courts would have the opportunity to overturn the decision of the Town Board.
Councilman Pastore stated that the Town Board and the residents would benefit from the analyses by the developer.
Supervisor Runion stated that the drainage issue was more significant than with other developments and would suggest to the Town Board that they appoint a Town Designated Engineer. (TDE)
Chris Meyer asked if a TDE is appointed and the developer’s engineer satisfies the TDE that they have done enough work and that this can be accomplished would it be sufficient for the Town Board?
Supervisor Runion stated that it would be sufficient for the SEQR process but other concerns could be raised.
Councilman Redlich stated that he had a concern with the spot zoning issue.
Councilman Pastore stated he was concerned with all issues germane to the application
MOTION #104 Councilman Pastore moved to HIRE DELAWARE ENGINEERING AS THE TOWN DESIGNATED ENGINEER FOR THE PROJECT KNOWN AS DUTCHMEN ACRES TO REVIEW ISSUES RAISED CONCERNING DRAINAGE BY THE NEIGHBORS AND TRAFFIC ISSUES RAISED BY THE ALBANY COUNTY PLANNING BOARD. 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
AGENDA ITEMS:
MOTION #105 Councilman Pastore moved to APPOINT ANDRE M. DELVAUX AS A PARAMEDIC 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 #106 Councilman Redlich moved to SET A PUBLIC HEARING ON A RE-ZONE REQUEST OF SUSAN THOMAS FOR A PARCEL LOCATED AT 4770 WESTERN TURNPIKE FROM INDUSTRIAL TO RA-3 ON MAY 20TH, 2008 AT 7:30 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 #107 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN A MAINTENANCE AGREEMENT FOR MECHANICAL SYSTEMS LOCATED AT TOWN HALL WITH TECHNICAL BUILDING SERVICES, 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 #108 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR THE GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $356,923.25. 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
MMOTION #109 Councilwoman Slavick moved to APPROVE THE APPOINTMENT OF PETER LETKO AS WATER TREATMENT PLANT OPERATOR AT A SALARY OF $51,250.00. 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 #110 Councilman Redlich moved to APPROVE THE INSTALLATION OF A STOP SIGN ON VALLEY LANE AT THE INTERSECTION OF COUNTRY ROAD. Councilman Grimm 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
Don Reeb, McKownville Neighborhood Association, stated that he had received several calls asking for the stop sign at this intersection and that it was a sensible place to put the sign.
MOTION #111 Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION AT 9:47 PM IN REGARD TO:
A. PBA CONTRACT NEGOTIATIONS
B. CSEA UNIT A CONTRACT NEGOTIATIONS
C. POLICE CHIEF INTERVIEWS
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 #112 Councilman Redlich moved to APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF GUILDERLAND AND THE PBA. 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 #113 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 12:00 AM. 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 #114 Councilwoman Slavick moved to ADJOURN THE MAY 6, 2008 TOWN BOARD MEETING AT 12:02 AM. 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
Town Clerk
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