REGULAR TOWN BOARD MEETING FEBRUARY 17, 2009
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 - Absent
Councilwoman Slavick
Councilman Pastore
Councilman Grimm
Supervisor Runion
ALSO PRESENT: Richard Sherwood, Town Attorney - Absent
*****************************************************************************************************************************************************************************************
Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the February 3, 2009 Town Board meeting
MOTION #38 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE FEBRUARY 3, 2009 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
ouncilman Pastore |
Aye |
Councilman Grimm |
Opposed |
Supervisor Runion |
Aye |
PUBLIC COMMENT PERIOD: No public comment
PUBLIC HEARINGS:
7:30 PM – Zoning Change request by Gregg and Christopher Meyers for Dutchmen Acres (Depot Road, Guilderland Center) from RA –3 to Country Hamlet.
Town Clerk, Rosemary Centi read the legal notice.
Gregg Meyer, developer for the project, gave a description of the development plans.
He stated that the project has already been before the board for a re-zone but due to a building moratorium the project was delayed.
He described the development as having a dead end cul de sac that will access from Depot Road. He stated that as you come through there will be four twin units on the left side, a 12 unit building for Senior housing and then approximately 25 carriage home style lots ranging in the area of 60’to 65’ wide to 120’ to 150’ deep.
Garages will be offset from the front of the houses to keep in line with the Country Hamlet designation.
Approximately 75% of the acreage will remain green; walking trails will be throughout the development with crossing paths to the high school.
Conversations were held with Bill West, Superintendent of Water and Wastewater Management, concerning upgrading the pump station for the sanitary sewer and looping the water to maintain the pressure. Approximately 1/10th of an acre of wetlands will be filled in.
A total of 45 units would be in the development.
Creighton Manning had done a traffic study with a conclusion of having access only from Depot Road but with an emergency access at the end of the cul de sac.
Ken Johnson, Delaware Engineering, Town Designated Engineer, stated that they still had some questions regarding storm water management and that they had looked at the traffic study with regard to the development, only. He stated that they were happy with the project.
Supervisor Runion asked what kind of dialog the developers had with Albany County regarding any issue they had with traffic in the area.
Chris Meyer stated that he had spoken with the County regarding traffic in the area.
The County was in the process of hiring a consultant to review the area and that this was a seven-month project with no conclusions being made regarding the traffic situation until that time. It was too far out to make a determination for the area but a roundabout was being considered.
Councilwoman Slavick asked if the County consultants would be studying only the Depot/School Road area.
Chris Meyer stated that he felt the study would be for a bigger area.
Councilwoman Slavick asked about the origin of the study.
David Dodge, Nielsen Road, stated that he was not opposed to the development. He asked how close the cul de sac was to School Road and how large the homes would be.
Gregg Meyer stated that there would be approximately a 20’ buffer with some plantings and a walking trail.
The size of the homes submitted to the Planning Board was about 2,000 sq. feet to 2,600 sq. feet.
Mr. Dodge also asked about the recreation area and access to it.
Mr. Meyer stated that, at present, nothing was definitive but it would be a picnic type area with only pedestrian access.
Town Clerk, Rosemary Centi asked if the land donation was still being considered for some of the residents on Nielsen that adjoined the properties.
Mr. Meyer stated that it was.
She also expressed her concern with the high water table and the impact of the development on the water in the neighborhood.
Mr. Nick Costa, Sipperly & Sipperly & Associates, explained the design plan.
He stated that they had done some test pits in the area, dug down to the ground water and built it up so that they could provide the necessary storm water detention volume to manage the water runoff that would be generated from the development.
The water from the area would not be going into the wetlands but into the catch basin, then into the piping system, which would take it into the storm water retention basin where it would be released at a controlled rate into the Black Creek.
Supervisor Runion stated that at the last public hearing there was concern from some of the residents regarding basement flooding and the impact of the development on the Black Creek, a tributary to the Watervliet Reservoir. The Town Board had asked that the situation be looked into to prevent further water impact on the neighborhood as a result of this subdivision.
Mr. Costa stated that none of the water from the subdivision would impact the neighborhood of Nielsen Road.
He further stated that they had discovered a dry well at the end of Nielsen that was filled with debris. When the developers got into a detailed design of this, they would try to find a location where they could bring the water out, which could alleviate the flooding issue in the neighborhood.
Dave Dodge asked if the retention pond would divert water from the area?
Further discussion was held regarding the well and catch basin.
Mr. Costa stated that they would try to put in a pipe so that when water reached a certain elevation it would have a place to overflow.
No fill would be brought into the development.
Dean Sim, School Road, asked about the retention pond and who would be taking care of it?
He also asked if the water would be going into the Black Creek, a main tributary to the Watervliet Reservoir and the Town’s source of drinking water.
Mr. Costa explained that in their system there would be quality and quantity control.
He further stated the homeowners association would maintain that quality control.
Supervisor Runion asked how quality control would be maintained and what type of maintenance would be required to keep the retention pond functioning and what the cost would be.
Mr. Costa stated that once the area is stabilized it would need an annual inspection and then every few years accumulated sediments should be removed. The homeowners association would do this. They would have to put monies aside for this purpose with an operations manual provided for the project. This will give a step-by-step process instruction for the Association.
Supervisor Runion asked what would happen if the homeowners association failed to follow through with their maintenance.
Mr. Chris Meyer stated that the Town would have to take over.
Councilwomen Slavick asked what the damage would be if the homeowners association failed to do this?
Mr. Costa stated that the water quality would be affected.
Councilman Pastore asked what the benefits would be in maintaining the cul de sac as is rather than having it cut through to School Road and read the Albany County Planning Board’s recommendation that the cul de sac be opened for road connectivity.
The Creighton Manning traffic study stated that they were concerned with the road being used as a cut through but had left emergency access. There would be a locked gate.
Albany County Public Works comments concurred with the Creighton Manning study for a cul de sac and not an open road.
Councilman Pastore stated that a memo from Jan Weston stated her design concerns.
He asked if there were recent comments from the Town Planner.
Mr. Meyer stated that the original plan that Ms. Weston had looked at had been completely revamped to conform to the Country Hamlet design.
Supervisor Runion read the last memo of the Town Planner dated from 2008.
He asked if at that time, the retention basin had been added to the design.
Mr. Costa stated that the footprint for the retention basin was added after her comments, after the May 2008 public hearing.
Supervisor Runion stated that he had issues with the retention basin, particularly with its proximity to the Black Creek and a homeowners association being able to adequately maintain and safeguard it.
He felt that the Town Planner’s comments were made based on the fact that the development would be far away from the Black Creek.
Mr. Meyer stated that the only addition to the plan was the retention basin. Also, there was so much DEC oversight and review and so much proof that needed to be provided that the design would not affect water quality that would empty into the Black Creek. He shared the Board’s concern about homeowners being in charge of maintenance but this was the only method that was in place at this time.
Mr. Costa stated that the town consultants would be involved, a stormwater pollution prevention plan would be developed along with an operation and maintenance manual and a stormwater engineering report that must be done.
He further stated that this water has to go to the Black Creek and that there is no other site for the retention basin. This was the natural flow of the water.
Supervisor Runion again stated his concerns that with the addition of 45 residences, cars, salt and sanding would be required. This would be adding additional runoff materials that could impact the Creek.
Mr. Costa again stated that the homeowners association would mitigate the retention basin and that the retention basin would definitely require maintenance.
Councilman Pastore commented that the Town Planner had not seen the plans with the retention basin.
Mr. Meyer sated that at the concept stage, the retention basin was not laid out. He further stated that with the re-zone a number of issues would be addressed and remedied.
There would be a review by the Town Designated Engineer and DEC.
David Dodge further stated that he would not be in agreement with the roadway coming out onto School Road.
MOTION #39 Councilwoman Slavick moved to CLOSE THE PUBLIC HEARING ON A RE-ZONE REQUEST FOR DUTCHMEN ACRES (DEPOT ROAD, GUILDERLAND CENTER) FROM RA-3 TO COUNTRY HAMLET. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
upervisor Runion stated that he had received three letters in opposition to the re-zone.
He also read the Albany County Planning Board comments. (P 24 A-D)
Supervisor Runion stated that the developer had submitted a Short Environmental Assessment form and that the proposed development would not have a significant impact on the environment.
Councilwoman Slavick stated her concern with the Town Planner not being aware of the new information.
Supervisor Runion stated that all of the reviews of the project questioned drainage with respect to this project and with a stormwater management plan, which the developer had done.
He reiterated his issue with the storm water retention pond being so close to the Black Creek and the introduction of more contaminants from the 45 new homes.
He also expressed concern with relying on homeowners associations to properly manage it.
Councilman Grimm stated that there was a legitimate concern regarding the Black Creek and asked if there was a possible alternative for the project to meet the concerns of the Board.
Ken Johnson, Town Designated Engineer, stated that the Town could look into a storm water management district.
Councilman Pastore stated his concern with the fact that there were no recent comments from the Town Planner regarding the retention pond and the effects on the Black Creek.
Councilman Grimm stated that he was ok with another hearing and if there was a solution the Town Board should try to find it. He further stated that they needed more information regarding maintenance of the retention pond. Homeowners associations are ordered by declaration to fund retention pond maintenance. He shared the Supervisor’s concerns with the proximity to the Black Creek.
Further discussion was held regarding alternatives.
Mr. Meyer removed it from consideration pending further comments by the Town Planner.
Supervisor Runion suggested rescinding the closing of the public hearing in order to get further input from the Planner and to get more information regarding the retention pond.
Mr. Chris Meyer asked for clarification of the Board’s requests stating it was his understanding that the areas of concerns were the retention pond location and it’s ability to function and the maintenance.
Supervisor Runion stated that upon re-examination of the retention pond issue it may elicit different responses from the public.
He stated that there might also be further concerns regarding traffic.
MOTION #40 Councilwoman Slavick moved to RESCIND THE PRIOR MOTION CLOSING THE PUBLIC HEARING REGARDING THE RE-ZONE REQUEST OF DUTCHMENT ACRES (DEPOT ROAD, GUILDERLAND CENTER) FROM RA-3 TO COUNTRY HAMLET. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
AGENDA ITEMS:
Item #1 on the agenda concerned the request of Store Away at Guilderland, LLC to locate an entry sign within the Town right of way of Wagner Road.
This item had been tabled from the February 3, 2009 meeting.
Mr. Hershberg of Hershberg & Hershberg, representing the applicant, showed a monument sign design with a height of 8’from the base.
The sign itself is 4’x 6’. He displayed a number of pictures showing the visibility of the sign.
Further Town Board discussion was held regarding sign size and lighting.
MOTION #41 Councilman Pastore moved to APPROVE THE REQUEST OF STORE AWAY AT GUILDERLAND, LLC TO LOCATE ENTRY SIGN WITHIN THE TOWN RIGHT OF WAY OF WAGNER ROAD UPON THE FOLLOWING CONDITIONS: THAT THE SIGN FACE ON EACH SIDE WILL NOT EXCEED 4.5 FEET BY 3 FEET IN SIZE, THE SIGN WILL BE LIT WITH LED LIGHTS, AND THE SIGN WILL BE SUBJUECT TO THE FINAL APPROVAL OF THE ZONING BOARD OF APPEALS . Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye - Thanked Mr. Hershberg for his patience and his professional representation of his clients. |
Councilman Grimm |
Aye - thanked Mr. Hershberg and stated that this was far too much trouble for a sign and a symptom of a bigger problem in town. |
Supervisor Runion |
Aye |
MOTION # 42 Councilwoman Slavick moved to AUTHORIZE THE HIGHWAY DEPARTMENT TO GO OUT TO BID FOR VARIOUS ITEMS AND MATERIALS FOR 2009. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #43 Councilman Pastore moved to APPROVE THE REQUEST OF THE BUILDING DEPARTMENT TO WAIVE THE BUILDING PERMIT FEES FOR 610 VIA PONDEROSA DUE TO DAMAGE SUSTAINED BY FIRE. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #44 Councilwoman Slavick moved to APPROVE THE REQUEST OF THE BUILDING DEPARTMENT TO WAIVE THE BUILDING PERMIT FEES FOR 3 JOSEPH TERRACE DUE TO DAMAGE SUSTAINED BY FIRE. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #45 Councilman Pastore moved to APPROVE THE REQUEST OF THE BUILDING DEPARTMENT TO WAIVE THE BUILDING PERMIT FEES FOR 6419 ZORN ROAD DUE TO DAMAGE SUSTAINED BY FIRE. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item #6 on the agenda concerned approving the Memorandum of Agreements between the Town of Guilderland and the United Public Service Union (Paramedic Unit)
Discussion was held regarding verbiage and corrections were made to the document.
Supervisor Runion reviewed the contract and noted changes. He stated that there was a shift schedules change based on research conducted on call volumes.
Shifts would be re-bid for more efficient scheduling, which would save the Town money.
With the changes in overtime and shift coverage the Town could realize an overall savings of about $71,000 from what is currently budgeted in the 2009 budget.
Supervisor Runion stated that the Town has coverage with three different unions that represent town employees, such as the CSEA, Guilderland Police Benevolent Association, the United Public Employees Union and all have been very cooperative with renegotiations with contracts to get to a solution that was beneficial to everyone. He thanked all involved.
This will be incorporated into a final agreement.
MOTION #46 Councilman Pastore moved to APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF GUILDERLAND AND THE UNITED PUBLIC SERVICE EMPLOYEES UNION ( PARAMEDIC UNIT). Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item #7 and #8 on the agenda concerned a Memorandum of Agreement between the Town of Guilderland and the Guilderland Police Benevolent Association (Compensatory Time Amendment) and a Memorandum of Agreement for Shift Coverage.
Supervisor Runion stated that the PBA had requested that the Town consider that Police officers take compensatory time off in lieu of overtime.
Under this agreement, the officer can only use the compensatory time off at a point when it will not generate overtime to the Town.
There is no requirement that they take compensatory time.
Councilman Grimm clarified that they could only get 60 hours worth of compensatory time upon retirement.
Under the second agreement, the Town can better manage its overtime shift coverage.
Under this agreement the Town would be able to take the two least senior officers and have them move to another shift to cover a long-term illness or long-term disability.
These were previous problem areas for overtime coverage and this would help the Town manage the costs.
MOTION #47 Councilwoman Slavick moved to APPROVE THE MEMORANDUM Of AGREEMENT BETWEEN THE TOWN OF GUILDERLAND AND THE GUILDERLAND POLICE BENEVOLENT ASSOCIATION (COMPENSATORY TIME AMENDMENT). Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #48 Councilwoman Slavick moved to APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF GUILDERLAND AND THE GUILDERLAND POLICE BENEVOLENT ASSOCIATION (SHIFT COVERAGE AMENDMENT). Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #49 Councilwoman Slavick moved to APPROVE TRANSFER AS REQUESTED BY THE TOWN COMPTROLLER. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Supervisor Runion again thanked the unions and their representatives for the cooperation with the Town regarding the agreements.
MOTION #50 Councilwoman Slavick moved to ADJOURN THE FEBRUARY 17, 2009 TOWN BOARD MEETING AT 9:55 PM. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Absent |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Respectfully submitted,
Rosemary Centi, RMC
Guilderland Town Clerk
| 
