REGULAR TOWN BOARD MEETING MAY 5, 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
ABSENT: 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 April 21, 2009 Town Board meeting.
MOTION #84 Councilman Pastore moved to ACCEPT THE MINUTES OF THE APRIL 21, 2009 TOWN BOARD MEETING. Councilwoman Slavick 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 made an announcement regarding Hazardous Waste Day on May 16, 2009.
Also, that the Richard Murray Animal Shelter would be holding an Open House on the same day.
The Guilderland Center Planning Workshop meeting will be held on May 7, 2009 at the Guilderland Center Fire Department on School Road from 7:00 pm to 9:00 pm.
This is an opportunity to discuss a neighborhood plan being developed by the Town working in conjunction with the Capital District Planning Commission and Behan Planning
Associates. This will be the first of two workshops that will be held in conjunction with the development of the Guilderland Center Neighborhood Plan. Residents of Guilderland Center and any other interested residents are invited to attend.
He also recognized the recent completion of several hundred hours of community service in Tawasentha Park by several Guilderland Scout Troops. On April 18th, Earth Day weekend, by Scout Troop 50 led by Scoutmaster Larry Vincent, and Scout Troop 83, led by Scoutmaster Dan Travers.
Arbor Day weekend, Boy Scout Troop 24, was led by Scoutmaster George Bafumi, and Cub Scout Pack 24 was led by Cub Leader Ed O’Brien. The boys raked leaves, trimmed brush, cleared dead branches and material and they spread crushed stone and wood chips on several sections of the trail network. The work improves the five miles of foot trail network in Tawasentha Park.
This is the second year that the Scouts have worked with the parks.
Supervisor Runion thanked the Scout Troops for their service.
Councilwoman Slavick announced a Traffic Safety meeting on May 8th, at the Holiday Inn on Western Avenue to address the concerns of residents of Parkwood, Glenwood and Norwood Streets.
PUBLIC COMMENT PERIOD- No public comment
PUBLIC HEARING:
7:30 PM – Local Law to provide tax exemptions for capital improvements to residential buildings pursuant to section 421-f of the Real Property Tax Law.
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained the local law, which would provide a tax exemption on a phased in basis. It allows the homeowner to get a limited tax break for making a capital improvement to their property.
He further clarified that the law states that he maximum reduction for the first year is $80,000.00 of assessed value.
Councilman Slavick clarified that it does not include repairs to or construction of a new swimming pool.
Councilman Redlich asked why swimming pools were left out.
Supervisor Runion explained that swimming pools were a luxury type item and this was more of a stimulus for the construction industry.
Councilman Redlich stated that an above-ground pool does not increase a property's assessment. An in-ground pool does increase their assessment. There is already in our tax code an incentive to put in above-ground pool over an in-ground pool.
He stated that since in-ground swimming pools are already disadvantaged compared to above ground swimming pools, we should do something to reduce that disparity.
Councilman Grimm stated that both types of pools would add value to the house.
Supervisor Runion stated that additions were normal ordinary construction that most people consider for their homes and swimming pools are more of a luxury item.
Carol Williams, Siver Road, stated her opinion that pools were a luxury item and that they did not employ a lot of people or use a lot of building material, which would be the purpose for this. She hoped that the board would not include a pool or a pool house.
Supervisor Runion also noted that this exemption only applied to the Town tax.
The school board would have to adopt similar legislation in order for residents to receive the tax break on their school tax.
Councilman Pastore read sections of the law clarifying the issue that the intent of the law was that the exemption applies to “residential buildings reconstructed, altered or improved”. He stated that the pool house would be separate and distinct from the existing residential building as well as the pool itself. He read from the basic enabling legislation 421-f of the Real Property Tax Law.
Further discussion was held regarding the issue.
MOTION # 85 Councilman Pastore moved to CLOSE THE 7:30 PM PUBLIC HEARING ON A LOCAL LAW TO PROVIDE TAX EXEMPTIONS FOR CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINGS PURSUANT TO SECTON 421-F OF THE REAL PROPERTY TAX LAW. 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 #86 Councilman Pastore moved to ADOPT LOCAL LAW #2 OF 2009 ADOPTING CHAPTER 50-A OF THE LAWS OF NEW YORK FOR 1993, AS AMENDED, AUTHORIZING THE ADOPTION OF A LOCAL LAW TO PROVIDE TAX EXEMPTIONS FOR CAPITAL IMPROVMENTS TO RESIDENTIAL BUILDINGS PURSUANT TO SECTION 421-F OF THE REAL PROPERTY TAX LAW. 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 #1 on the agenda concerned the appointment of Debra Murphy to fill an unexpired term to the Board of Assessment and Review (term expired September, 2009)
Supervisor Runion explained that at the last meeting several additional new members had been appointed. One of the new members was not able to attend the training session due to a conflict. Under state law, a member who will be serving on the board had to be certified by attending the training session.
MOTION #87 Councilman Pastore moved to APPOINT DEBRA MURPHY TO FILL UNEXPIRED TERM TO THE BOARD OF ASSESSMENT AND REVIEW (TERM EXPIRES SEPTEMBER, 2009). 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 #88 Councilman Pastore moved to APPROVE THE SALE OF SURPLUS EQUIPMENT ITEMS NOT BID ON AT A PRIOR AUCTION BID SALE CONSISTING OF A PICKUP TRUCK ($200.00) AND BIKES ($100.00). 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 |
PUBLIC HEARING:
8:00 PM – Local Law to provide tax exemption for historic barns pursuant to section 483-b of the Real Property Tax Law.
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained that this local law was similar to the one adopted for capital improvements to residential properties.
This law would provide for a ten year phased in exemption for reconstruction of historic barns. 10 % of the value would be placed on the assessment roll over the ten-year period after the reconstruction was completed. At the 11th year, the barn would be at full assessment.
There is no cap.
Supervisor Runion stated that there had been interest over the years to see some of the historic barns preserved. This was a proposal to provide incentive to consider rehabilitating the historic barns.
Mr. Everett Rau, Altamont, N.Y., read a letter expressing his views on the importance of preserving the historic barns in the Town and in support of the many people involved in the preserving of the history of the Town of Guilderland. He brought in a model of a Dutch barn. (P 57A)
Councilman Redlich stated that the law as drafted does not apply to historic barns where renovation had already started. He read section C of the law and asked if the Town Board would consider re-writing that section of the law.
Supervisor Runion stated that it was as the state law was written.
Councilman Grimm stated that it remained unclear whether or not you qualify if you already started the renovation.
Councilman Redlich stated that it would make sense to modify section C so that it sets a date to go back to. He asked that the item be tabled to review the law.
Further discussion was held regarding the law.
Mr. Rau asked that the Board redefine “remodel” or “restore”.
Councilman Redlich stated that the law did not apply to a simple repair that would not increase the assessment.
Supervisor Runion stated that the exemption did not apply if the reconstruction or rehabilitation materially alters the historic appearance of the barn nor did the exemption apply if the reconstruction of rehabilitation converted the barn to a residence.
Supervisor Runion asked the Board for some guidance for the Town Attorney as to what the time limitation should be, if allowed, for commencement of reconstruction or rehabilitation prior to the effective date of the Local Law.
Discussion was held regarding rewording of the law.
MOTION #89 Councilman Redlich moved to TABLE THE CURRENT LOCAL LAW AND RESCHEDULE A PUBLIC HEARING ON LOCAL LAW #3 OF 2009 DEALING WITH REHABILITATION AND RECONSTRUCTION OF HISTORIC BARNS. 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 # 90 Councilwoman Slavick moved to ADJOURN THE MAY 5, 2009 TOWN BOARD MEETING AT 8:25 PM. 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 |
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
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