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Town Board Minutes 04/07/2009
 
REGULAR TOWN BOARD MEETING                                                              APRIL 7, 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

                                                            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 March 17, 2009 Town Board meeting.

 MOTION #65  Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE MARCH 17, 2009 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
Councilman Grimm
Aye
Supervisor Runion
Aye

Supervisor Runion explained the new STAR Rebate Program whereby the NYS Department of Taxation and Finance sends out a check to every property owner based on their income and the Basic STAR and Senior STAR

Through the media, it was indicated, that the STAR Program is being eliminated.

It is the STAR Rebate Program that is being eliminated.  The Basic and the Senior STAR Programs are not being eliminated.                               

PUBLIC COMMENT PERIOD- No public comment

AGENDA ITEMS:

Item #1 on the agenda concerned setting a public hearing on a local law pursuant to Section 421-f of the Real Property Tax Law providing the owner of a one or two family dwelling with an exemption phased in over an 8 year period for certain home improvements to the extent of any increase in assessed value attributable to such home improvement.

This was a provision allowed by the State, to receive a phased in exemption for the increase in value based on home improvements.

Councilman Redlich suggested that a public hearing should be set for RPTL 485-b for commercial properties.

Supervisor Runion suggested it be made agenda item #10.

MOTION #66  Councilman Redlich moved to SET A PUBLIC HEARING ON MAY 5, 2009 AT 7:30 PM ON A LOCAL LAW PURSUANT TO SECTION 421-f OF THE REAL PROPERTY TAX LAW PROVIDING THE OWNER OF A ONE OR TWO FAMILY DWELLING WITH AN EXEMPTION PHASED IN OVER AN 8 YEAR PERIOD FOR CERTAIN HOME IMPROVEMENTS TO THE EXTENT OF ANY INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH HOME IMPROVEMENT.  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

Councilwoman Slavick asked if the school board would have to pass a resolution approving the exemption.

Supervisor Runion stated that they would.

Councilman Pastore asked if there was any time frame that the reconstruction would have to occur.

Supervisor Runion stated there was not.

 Councilman Redlich stated that this encourages people to make improvements, which benefit the Town, as it increases the tax base for a longer period.

 Supervisor Runion further stated that it also benefits the Town in the way of an increase in sales tax as the items necessary to make the improvements are subject to the sales tax.

Item #2 on he agenda concerned setting a public hearing on a local law pursuant to Section 483-b of the Real Property Tax Law providing an exemption phased in over 10 years for the rehabilitation or reconstruction of historic barns to the extent of any increase in assessed value attributable to such reconstruction or rehabilitation.
                                        
MOTION #67  Councilman Redlich moved to SET A PUBLIC HEARING ON MAY 5, 2009 AT 8:00 PM ON A LOCAL LAW PURSUANT TO SECTION 483-b OF THE REAL PROPERTY TAX LAW PROVIDING AN EXEMPTION PHASED IN OVER 10 YEARS FOR THE REHABILITATION OR RECONSTRUCTION OF HISTORIC BARNS TO THE EXTENT OF ANY INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECONSTRUCTION OR REHABILITATION.  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 #3 on the agenda concerned adopting a Workplace Violence and Prevention Policy for Town employees.

Supervisor Runion explained that the town’s insurance carrier suggested the policy.

Councilman Redlich questioned the term “veiled” in the policy and its vagueness. 

Supervisor Runion stated that it would be similar to an intimidation.

This would go to Human Resources and be enforced by that department.

Councilwoman Slavick asked if the complaint would be verbal or in writing?

Supervisor Runion stated that it could be either and would be investigated by the Supervisor’s office and the Human Resource office.

Councilman Grimm asked if it required any additional training?

Supervisor Runion stated that training would be provided as it is done for other policies.

EAP is an in-house training program that conducts the training.

 Councilman Redlich asked if “veiled” could be removed.

 Town Attorney, Richard Sherwood, recommended that it remain in the language because the Town Board and Supervisor should have flexibility in dealing with this.

 MOTION #68  Councilman Pastore moved to ADOPT A WORKPLACE AND VIOLENCE PREVENTION POLICY FOR TOWN EMPLOYEES.  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 #69  Councilman Redlich moved to ACCEPT THE UTILITIES, SEWER AND WATER INFRASTRUCTURE FOR A PORTION OF STONEBRIAR DRIVE AND TANNER CIRCLE IN SADDLEBROOK SUBDIVISION UPON DEPOSIT OF ESCROW IN THE AMOUNT OF $60,700.00 AS RECOMMENDED BY THE TOWN DESIGNATED ENGINEER.  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 #70  Councilman Pastore moved to APPROVE THE SALE OF SURPLUS EQUIPMENT PER RECOMMENDATION OF THE POLICE DEPARTMENT.  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 #7 on the agenda concerned the bidding for various highway materials for the year 2009.  Items consisted of asphalt, crushed stone, gravel.

Todd Gifford, Superintendent of Highways, stated that last year he did not pay on asphalt, as the price of oil was high.  He waited to see what the price would be this year and in doing so had bidders coming in at a substantially lower number.  Consequently, he realized a savings of over $335,000.00.

He stated that he would be able to blacktop a considerable number of miles of town roads.

He further explained that the ring road at Crossgates Mall would be repaved this year from a separate fund.  This mitigation fund was established in 1994, which was an agreement with Pyramid Crossgates to pay for the overlays to be done.

MOTION #71  Councilwoman Slavick moved to APPROVE AWARDING THE BIDS FOR VARIOUS HIGHWAY MATERIALS FOR 2009 PER THE RECOMMENDATION OF THE SUPERINTENDENT OF HIGHWAYS.  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 #72  Councilwoman Slavick moved to WAIVE THE BUILDING PERMIT FEE FOR PREMISES LOCATED AT 5236 BRIDLE PATHWAY  DUE TO  DAMAGES SUSTAINED BY FIRE.  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 #73  Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $119,159.75.  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 #9 on the agenda concerned authorizing the Supervisor to execute a Memorandum of Understanding with the County of Albany for receipt of grant funds under the Edward Byrne Memorial Justice Assistance Grant.

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009. As such, the Town of Guilderland Police Department has been allocated funds through the Edward Byrne Memorial Justice Assistance Grant.

The grant must be applied for through the County because of the formula utilized in determining the allocation of funds.

Albany County is the lead agency and will ultimately receive the funds whereby they will redistribute the funds to local municipalities.

Each municipality must sign a Memorandum of Understanding.

The Town of Guilderland stands to receive $12,648.00

 
MOTION #74  Councilman Redlich moved to EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ALBANY FOR RECEIPT OF GRANT FUNDS UNDER THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT.  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 #75  Councilman Redlich moved to SET A PUBLIC HEARING ON MAY 5, 2009 AT 8:15 PM ON SECTION 485–b OF THE REAL PROPERTY LAW.  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

MOTION #76  Councilman Redlich moved to ADJOURN THE APRIL 7, 2009 TOWN BOARD MEETING AT 8:07 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

Respectfully submitted,


Rosemary Centi, RMC
Town Clerk