REGULAR TOWN BOARD MEETING MAY 19, 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 May 5, 2009 Town Board meeting.
MOTION #92 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE MAY 5, 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 – asked Councilman Redlich if he were abstaining even though he was making changes to the minutes.
Councilman Redlich responded that the Town Board had no authority to dispute the Town Clerk’s minutes. He stated that he was not abstaining because he objected to the minutes but was abstaining because he did not believe the Town Board had the authority to vote on the Town Clerk’s minutes |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Kerry DiNean and Kathleen Ehlinger, representing the Guilderland Performing Arts Board and the Guilderland Town Band Board, announced that there would be a Gala celebrating their 40/30/40 anniversary. The celebration will mark the 40th anniversary of the Carl J. Walters Tawasentha Park, the 30th anniversary of the Guilderland Performing Arts Center and the 40th anniversary of the Guilderland Town Band. The event will be held on June 12, 2009 at the Western Turnpike Golf Course from 6:00 pm to 10:00 pm. Ticket price is $35.00 per person.
Donald Webster, who started the Town Band and Mona Golub for her past and continued contribution to the Guilderland Performing Arts Center, will be honored at the event.
Kathleen Ehlinger announced that on the last concert day, August 6, 2009, the Band would be unveiling a piece, commissioned to the Town of Guilderland, called the Voyage.
Jim Corriano, former Guilderland High School alumnus and former Band Director, composed the piece for the 400th anniversary of the voyage of Henry Hudson.
A new alma mater for the high school will also be introduced.
PUBLIC COMMENT PERIOD:
Arline Sumner, Hawes Road, read a statement regarding alleged vandalism to shrubs on her property and to alleged damages to other property around the Town. (P 60A)
She asked that the Town Board look into the matter.
Councilman Redlich asked if anyone from the Guilderland PD followed up on the complaint and Ms. Sumner stated they had not.
Councilman Pastore asked how Ms. Sumner knew that the same individuals did the damage around town.
She stated that the damage was similar.
Councilwoman Slavick asked if other residents had complained. Ms. Sumner stated that she did not know.
Ms. Sumner stated that she had given information to the State Police regarding the individuals that she suspected.
PUBLIC HEARINGS:
7:30 pm – Local Law to grant phased in tax exemption for historic barns pursuant to section 483-b of the Real Property Tax Law.
Supervisor Runion explained that this local law was similar to the one adopted for capital improvements to residential properties. Town Attorney, Richard Sherwood was asked to make several changes to the local law.
This law would provide for a ten- year phased in exemption for rehabilitation or reconstruction of historic barns. 10 % of the value would be placed on the assessment roll over the ten-year period until 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.
Town Clerk, Rosemary Centi, read the legal notice.
MOTION #93 Councilman Redlich moved to CLOSE THE 7:30 PM PUBLIC HEARING ON A LOCAL LAW TO GRANT PHASED IN TAX EXEMPTIONS FOR HISTORIC BARNS PURSUANT TO SECTION 483-B 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 |
MOTION #94 Councilman Pastore moved to ADOPT LOCAL LAW #3 OF 2009 TO GRANT A PHASED IN TAX EXEMPTION FOR HISTORIC BARNS PURSUANT TO SECTION 483-B 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 |
Supervisor Runion stated that in 2001, the Town adopted a Comprehensive Plan.
As part of that Comprehensive Plan, the Town has done a number of neighborhood plans.
There is currently a study being done for Guilderland Center. Grants and the Town have funded many of the studies.
Part of the Comprehensive Plan indicated that the Town should look at the Town’s zoning law, which was adopted in the 1980’s.
Supervisor Runion stated that at the next Town Board meeting he would be recommending to the Board a committee to work on the revision. He asked the Town Board for recommendations and resumes for the committee.
There will be two standing members consisting of the Chairs of the Zoning and Planning Boards and seven members.
They will be making recommendations for changes to the zoning law.
No changes would be made to zoning in the Town.
AGENDA ITEMS:
MOTION # 95 Councilman Pastore moved to AWARD THE BID FOR THE LYDIUS STREET PUMP STATION TO THE LOWEST BIDDER, ITT FLYGT CORP., IN THE AMOUNT OF $18,900.00 (budgeted item). 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 |
Item #2 on the agenda concerned adopting a resolution of agreement to implement the terms of the Solid Waste Management Plan for the Answers program.
Supervisor Runion explained that the Department of Environmental Conservation instituted requirements that all of the participating members agree to the implementation of the terms of the management plan.
MOTION #96 Councilman Pastore moved to ADOPT A RESOLUTION OF AGREEMENT TO IMPLEMENT THE TERMS OF THE SOLID WASTE MANAGEMENT PLAN FOR THE ANSWERS PROGRAM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Opposed – stating that he had reviewed the plan, which called for the expansion of the Rapp Road landfill. He further stated that he had received a number of complaints from residents in the area regarding the smell from the landfill. He felt that the County needed to find a better place for a landfill than amidst a populated area. |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Opposed – asked if the approval of this meant we were in favor of expanding. He further stated that the plan “does mention as part of the plan that the last expansion is what they intend to do.” |
Supervisor Runion |
Supervisor Runion stated that he did not believe there was a quid pro quo for expansion. He stated that this was a plan as to how the landfill needed to be managed. The Answers community has agreed to it. He further stated that expansion may be what the City of Albany plans to do but he had sent letters to the Department of Environmental Conservation indicating the objections concerning the complaints of residents regarding the odors and the landfill expansion.
Aye – explained that the Town of Guilderland has to have a place to deposit its trash. If the Town failed to agree to the implementation Solid Waste Management Plan, the Town would be immediately removed from the Answers program and would have to haul it out to the Utica area. He stated that he was not in favor of the expansion of the landfill but that the landfill could be managed better with regard to odors and that is what the Department of Environmental Conservation is working on. |
OTION #97 Councilwoman Slavick moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $388,847.88. 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 |
Councilman Redlich stated that a public hearing was scheduled for an April meeting and he questioned why it was not held.
Supervisor Runion stated that a review of the Town’s law indicated that the Town already had the law that Councilman Redlich proposed in place and there was no reason to have the public hearing.
Town Attorney, Richard Sherwood explained that the Town did not opt out of the law in 1976 (485-B), which the school district did.
Supervisor Runion would be sending a letter to the school district asking them to adopt the two laws.
Councilman Redlich asked if the Town Board would recommend to the school district that they adopt all three laws?
Supervisor Runion stated that in his letter he would provide information for the school board that the Town Board had adopted the two local laws and that the exemptions only apply to the town tax but that the school district could adopt a similar exemption by resolution of their board. This would go to all six school districts within the Town. It would be their option as to whether they wanted to opt into the law. He would also remind them that the Town, in 1976, did not opt out of the legislation that created an exemption under the third law, 485-B.
The Board agreed to the Supervisor’s suggestion.
MOTION #98 Councilman Redlich moved to ADJOURN THE MAY 19, 2009 TOWN BOARD MEETING AT 8:10 PM.
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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