REGULAR TOWN BOARD MEETING JUNE 2, 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 19, 2009 Town Board meeting.
MOTION #99 Councilman Pastore moved to ACCEPT THE MINUTES OF THE MAY 19, 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 |
PUBLIC COMMENT PERIOD- No public comment
AGENDA ITEMS:
Item #1 on the agenda concerned amending and extending the agreement with the City of Watervliet for the purchase of water by the Town of Guilderland from the City of Watervliet.
Supervisor Runion explained that the current contract with the City of Watervliet extends through 2017. The contract started out with low payments for water but quickly escalated to a higher payment.
This could start to impact what residents would be paying for water.
This contract was unusual as it was based on a formula reflecting the consumer price index of 1993, which caused the payments to accelerate. With the new contract, a price adjustment would be made annually.
Conversations were carried on with the City of Watervliet to renegotiate a new contract with a level based on current adjustments to the consumer price index rather than going back to the 1993 consumer price index. Prices would be stabilized over the next 20 years and to be able to meet peak demands in the summer months.
There was also some discussion regarding the accuracy of water meters and the ability of the City of Watervliet to check the accuracy of the meters. The meters would be replaced so that the City could monitor the usage on a daily basis.
Superintendent of Water and Wastewater Management, William West, explained that the new meters would allow for monitoring on a minute-to-minute basis. The cost for the new meters would be $10,000.00, which would be split between the Town and The City of Watervliet.
He further explained that the current contract would allow for usage above the 4MGD without being penalized. There would be an average of usage.
Councilman Redlich expressed his concern with paragraph 11 in the contract and asked that it be amended.
Supervisor Runion stated that it was imperative that this agreement be made so that the Town would not be paying $140,000.00 more than what the Town would be paying under the new contract.
Councilman Redlich asked Bill West if this contract was an improvement over what the Town had now?
Bill West stated that it was.
MOTION #100 Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO EXECUTE AN AGREEMENT TO AMEND AND EXTEND THE AGREEMENT FOR THE PURCHASE OF WATER BY THE TOWN OF GUILDERLAND FROM THE CITY OF WATERVLIET WITH THE CONDITION THAT THE LAST SENTENCE IN PARAGRAPH 11 IS AMENDED TO READ “FOR NOVEMBER OF THE CURRENT YEAR TO NOVEMBER OF THE PRIOR YEAR AS DEPICTED IN THE FOLLOWING EXAMPLE.”
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 |
This AMENDED AGREEMENT, made the _____ day of ____, 2009, by and between the City of Watervliet, Albany County, New York, acting through its duly elected City Council, hereinafter referred to as the “City” and the Town of Guilderland, Albany County, New York, acting through its duly elected Town Board and on behalf of the Guilderland Water District, a Special Improvement District crated under Town Law, hereinafter referred to as the “Town.”
WHEREAS, the City is the owner of certain reservoir facilities and water impounding systems within the Town of Guilderland; and
WHEREAS, the Town operates a water district created pursuant to the provisions of the law; and
WHEREAS, the City and the Town have an existing purchase and sale agreement for the City to supply raw water to the Town through the year 2017; and
WHEREAS, the City and the Town would like to amend the existing purchase and sale agreements; and
WHEREAS, the City and the Town are legally empowered to enter into this Agreement.
NOW THEREFORE, in consideration of One Dollar ($1.00) to each party by the other party paid, and the further consideration of the supply of water and the services of the City to the Town, and the payment of water rental in the amounts hereinafter agreed to be paid to the City by the Town, the parties hereto mutually agree as follows.
1. The Amended Agreement will replace the existing Agreement between the City of Watervliet and the Town of Guilderland dated April 1, 1993.
2. The term of the Amended Agreement will commence January 1, 2009.
3. The term of the Amended Agreement will conclude as described below, whichever event occurs first.
a. Twenty (20) years, until December 31, 2028; or
b. Sixty (60) months following the last day of the month in which the City receives notification from the New York State Department of Health that it has authorization to construct a facility to provide finished water.
4. The existing raw water meter at the Town water treatment facility will be replaced with a new independent, ultrasonic type influent meter that will be esigned and specified and installed by the City.
a. The City will be responsible for the installation, initial testing and calibration of the new meter.
b. The material and installation cost for the new meter will be shared equally between the City and the Town.
c. Replacement of the existing meter will be completed by July 1, 2009.
d. The City will be responsible for annual testing of the meter. Meter accuracy must be certified annually to be not more than 3% error. The City will provide copies of the annual testing and calibration results to the Town.
5. The City and the Town will have remote access to all real-time data collected by the raw meter via an Internet connection. The City and the Town will both archive all meter data for future reference.
6. The data collected from the raw water meter will be used to invoice the Town for water used. In the event there is a malfunction in the meter performance, the Town will provide, and the City will utilize, data from the Town’s electric demand meter for the purpose of determining raw water usage. The data from the electric demand meter will be used until the raw water meter is returned to service. Meter readings will be monitored on a monthly basis and the results will be applied annually.
7. The City will provide the Town with invoices dated on or around January 1 and July 1 of each year. Each invoice will be for water used during the previous six months.
a. The first invoice to be provided to the Town under this Amended Agreement will be dated on or around July 1, 2009, for the billing cycle of January 1, through June 30, 2009.
b. The invoice to be provided to the Town on or around January 1, 2009, for the billing cycle of July 1 through December 31, 2008, will be invoiced in accordance with the terms of the April 1, 1993 Agreement.
8. Unless meter readings indicate higher usage, the Town will be invoiced for a taking of four (4) million gallons per day (MGD).
9. If the average meter readings for any two consecutive months indicates that water usage has exceeded 4 MGD, the higher usage will become the new base usage and the Town will be charged for the higher usage thereafter or until a higher usage is recorded. The City will notify the Town of the Change prior to invoicing. An example of how this procedure will work is provided below for reference.
a. The Town’s recorded usage for the two-month period of July and August results in an average usage of 4.2MGD, which is identified by the City in it September review of meter data.
b. The City will notify the Town that it has exceeded the base taking and that this change will be reflected in the next billing cycle.
c. The January invoice, for the billing cycle of July through December, will reflect usage of 4MGD.
d. The following July invoice, for the billing cycle of January through June, will reflect usage of 4.2MGD.
e. Every invoice thereafter will reflect usage of 4.2 MGD unless higher usage is recorded.
10. Beginning January 1, 2009, the water rate to be charged for the Town’s usage will be $0.50 per thousand gallons. This rate will be applied on the July 2009 invoice. Assuming 4MGD usage, the July 2009 invoice will be $362,000 (4,000,000 gallons/day x $0.50/1,000gallons x 181 days).
11. Water rates will be adjusted annually, each January, and applied on the subsequent July invoice. Annual rate escalation will be calculated based on the ratio of Consumer Price Index (not seasonally adjusted, Northeast Urban Area, all items) for November of the current year to November of the prior year, as depicted in the following example.
Example:
January 2010 Rate = January 2009 Rate x November 2009 CPI
November 2008 CPI
12. The Town agrees to support the City’s efforts to construct a facility to provide finished water from its reservoir and the Parties intend to develop and execute a Memorandum of Understanding in conjunction with this effort.
13. Upon the execution of this Amended Agreement, all amounts due to either Party under the Agreement dated April 1, 1993, will be cancelled.
IN WITNESS WHEREOF, the parties have hereto set their hands and affixed their seals on the day and year first above written.
CITY OF WATERVLIET
By:_______________________________
Michael P. Manning, Mayor
Attest: __________________________________
Yorden C. Huban, Esq.
Corporation Counsel
TOWN OF GUILDERLAND
By: _____________________________________
Kenneth Runion, Supervisor
Attest: ___________________________________
Richard Sherwood, Esq.
Town Attorney
Item #2 on the agenda concerned setting a public hearing on a re-zone request of Rick and Kim Ramsey for a parcel located at 2703 Curry Road. Applicant is requesting the parcel be re-zoned from R-10 to Industrial.
Supervisor Runion read a memo from Town Planner, Jan Weston. (P 56A)
Tom Andress, engineer for the applicant, appeared and presented. He showed an aerial map showing the parcel to be surrounded by industrial zones. He further stated that there would be no effect on any surrounding parcels.
Councilman Pastore asked if the surrounding parcels had been re-zoned from something else to industrial.
Mr. Andress stated he did not know the zoning 30 years ago.
Supervisor Runion explained that this was where the Towns of Colonie, Rotterdam and Guilderland came together.
Colonie and Rotterdam would need to be notified.
MOTION #101 Councilman Redlich moved to SET A PUBLIC HEARING ON RE-ZONE REQUEST OF RICK AND KIM RAMSEY FOR PARCEL LOCATED AT 2703 CURRY ROAD FROM R-10 TO INDUSTRIAL ON JULY 7, 2009 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 # 102 Councilwoman Slavick moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR THE GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $283,491.49. 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 #103 Councilman Redlich moved to ADJOURN THE JUNE 2, 2009 TOWN BOARD MEETING AT 8:27 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 |
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