Town of Guilderland, NY - Town Board Minutes 07/07/2009

Town Board Minutes 07/07/2009

REGULAR TOWN BOARD MEETING JULY 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

***************************************************************************

Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the June 16, 2009 Town Board meeting.

MOTION #112 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE JUNE 16, 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

PUBLIC COMMENT PERIOD- Marie Sbardella, Western Avenue, expressed her concerns with the alleged budget cuts to services provided by the Senior Department.

She asked if the bus for the seniors had been purchased and if it had wheelchair accessibility.

She also requested information regarding the $15,000.00 placed into the reserve account.

Supervisor Runion explained that the $15,000.00 is appropriated each year as part of the general town budget.

Councilman Grimm asked why $15,000.00 is placed into the reserve fund and why not fund those senior transportation items that are being cut.

Supervisor Runion stated that money that goes into the Capital Reserve account cannot be used for ordinary expenses.

Councilman Grimm stated that the money need not go into the reserve account.

Supervisor Runion stated that the Board could make the decision not to place the money into the reserve account at budget review time.

He further explained that the bus for seniors had been purchased and it was wheelchair accessible.

PUBLIC HEARINGS:

7:30 PM – Ramsey Re-zone

Request of Rick and Kim Ramsey to re-zone a parcel of land, 1.26 acres at 2703 Curry Road from Residential –10 (allowing 10,000 square foot building lots) to Industrial.

Town Clerk, Rosemary Centi, read the legal notice

Tom Andres, ABD Surveyors and Engineers, representing the applicant, presented.

He explained that this was a small piece left over when land was taken for the construction of I - 890.

This parcel would be used to extend the Ramsey business of storage and self-storage.

Supervisor Runion read the Albany County Planning Board notification. (76A)

Notification by the Town Clerk was also sent to the Towns of Colonie and Rotterdam.

He also read a memo from the Town Planning Board stating that they recommended the re-zoning with the least intensive use. (76B)

He read a memo from Jan Weston, Town Planner stating no objection. (76C)

No comments had been received from the towns of Colonie and Rotterdam.

Mr. Andres stated that he had spoken with the Town Planner and the Town Planning Board.

Councilman Grimm asked if any neighbors had been heard from and Mr. Andres stated that the largest neighbor was DOT and that they had no objection to the re-zone.

Charles Klaer, Meadowdale Road, stated that perhaps the approval should be conditioned. He stated that there was a size, water and sewer issue for an Industrial zone and that this property was not served by either.

He questioned how the Board would be dealing with these issues should this zoning be approved.

Councilman Redlich asked if this would require a Special Use Permit once they get the zoning?

Supervisor Runion stated that in the Town Planner’s memo, she stated that the Board should look at all permitted uses and that the site was suited for Industrial uses and that there were no Industrial uses that would be inappropriate for this site.

Mr. Klaer stated that without municipal water and sewer, there were no industrial uses appropriate for this site.

Councilman Redlich asked for a specific use.

He also stated that the Zoning Board decides whether to issue a special use permit.

Mr. Klaer stated that this sends a difficult message to the Zoning Board with this being an undersized lot and not served by water and sewer.

He felt that this approval be conditional.

Supervisor Runion stated that it was incumbent on the Zoning Board to consider issues but they could not look at whether a variance could be issued without the re-zone.

This seems to be a site that would not be beneficial as a residential unit considering it is surrounded by Industrial.

Further discussion was held.

MOTION #113 Councilman Redlich moved to CLOSE THE 7:30 PM PUBLIC HEARING ON A REQUEST OF RICK AND KIM RAMSEY TO RE-ZONE A PARCEL AT 2703 CURRY ROAD FROM RESIDENTIAL-10 TO INDUSTRIAL. 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 #114 Councilman Pastore moved that PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT THE RE-ZONE OF THIS PARTICULAR PIECE OF PROPERTY WOULD NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT. 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 #115 Councilman Redlich moved to ADOPT LOCAL LAW #4 OF 2009 OF THE TOWN OF GUILDERLAND TO RE-ZONE THE PREMISES LOCATED AT 2703 CURRY ROAD FROM RESIDENTIAL – 10 TO INDUSTRIAL. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich	Aye
Councilwoman Slavick	Aye- based on the information provided by the Town Planner and Albany County Planning Board and the Town Planning Board.
Councilman Pastore	Aye- asked if the Town of Guilderland had received any opinions from the Towns of Colonie and Rotterdam? Town Clerk, Rosemary Centi, stated that she had not received any comments from either town. He also asked if there was a single family home currently located on the property that would be converted? Mr. Andres stated yes, and that a number of the uses stated would not fit on the current configuration and the current lot size. Councilman Pastore stated that the intended use of self-storage units would be consistent with Mr. Klaer’s concerns about the lack of water and is consistent with the conclusion drawn from our Planning Board Chairman regarding the least intensive use. Mr. Andres stated that this was correct. This use did not require water or sewer.
Councilman Grimm	Aye
Supervisor Runion	Aye

Agenda item # 1 concerned the establishment a committee to review and recommend modifications to the zoning law and appoint the following persons to such committee:

a. Bruce Sherwin – Chairperson

b. Joseph Abbruzzese

c. Kathy Burbank

d. Ken Brownell

e. Garry Robinson

f. Regina Dubois

g. Peter Barber

Councilman Grimm stated that there were two other nominees submitted and asked why they were not on the list.

Supervisor Runion stated that he had received a nominee on Thursday and would take up the issue after the agenda item was voted on.

Councilman Redlich moved to add Ted Danz and Martin Kehoe to the list.

Supervisor Runion stated that he would entertain a motion to add one to the list.

Councilman Redlich responded that then there would be an even number on the list.

Supervisor Runion stated that he had left Stephen Feeney, Chairman of the Planning Board off of the agenda so as to not have an even number on the list.

Supervisor Runion stated that he would like a motion to be made to vote on the seven nominees.

MOTION #116 Councilman Redlich moved to ADD TED DANZ AND MARTIN KEHOE TO THE COMMITTEE TO REVIEW AND RECOMMEND MODIFICATIONS TO THE ZONING LAW. Councilman Grimm seconded the motion and it was denied by the following roll call vote:

Councilman Redlich	Aye
Councilwoman Slavick	Opposed– I think that we should vote for this block that we have before us on the agenda first.
Councilman Pastore	Opposed
Councilman Grimm	Aye
Supervisor Runion	Opposed

Supervisor Runion moved to appoint the list of nominees for the committee.

Councilman Redlich asked what the purpose of the committee was?

Supervisor Runion explained that, in conformance with the Comprehensive Plan, they would look at, review, and recommend changes, if any, to the zoning ordinance of the Town of Guilderland.

Councilman Redlich asked if it was a committee to review the zoning law or a committee to review modifications to the zoning law?

Supervisor Runion stated that they would be reviewing the zoning ordinance and they would be making recommendations to the Town Board after their review.

They would not be making changes to individual parcels.

Supervisor Runion stated that they would not be able to adjust anything. They would make recommendations or proposals to the Town Board to modify the text.

Councilman Redlich asked if Supervisor Runion had any specific areas that needed to be addressed.

Supervisor Runion stated that the issues he heard about had dealt in a general fashion with signage or things of that nature. He explained that the real purpose of this, that when the Town adopted the Comprehensive Plan in 2001, the plan looked at additional neighborhood studies being conducted in the various hamlets that comprise the Town of Guilderland. Those studies have, for the most part, been conducted. This committee will be looking at what those studies have recommended and if what is contained in the code meets the studies that have been performed.

They will look at the changes that have occurred over the last twenty years such as what the State or planners have recommended for zoning ordinances. They will be looking at a variety of things and then come to the Town Board with their recommendations.

Councilman Grimm stated that one of the items that he would like the committee to look at are ways to make the Town a friendlier business climate and how to improve that. He stated that one of the ways of reducing taxes on homeowners would be to have a vibrant business community.

MOTION #117 Councilman Pastore moved to APPOINT THE FOLLOWING LIST OF NOMINEES TO A COMMITTEE TO REVIEW AND RECOMMEND MODIFICATIONS TO THE ZONING LAW:

a. Bruce Sherwin – Chairperson

b. Joseph Abbruzzese

c. Kathy Burbank

d. Ken Brownell

e. Garry Robinson

f. Regina Dubois

g. Peter Barber

Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich	“I am not going to oppose this committee being appointed. I am disappointed that it is not represented of the minority members of the board. The minority members of the Board represent 40% of the Board and there are seven members of this committee and none of them have been proposed by the minority members of the Board. So, we don’t have 1% representation proposed by the minority members of this committee. The minority members of this Board have no appointees to this Board and I am disappointed in that. Never- the- less, I think a number of the people on this committee are good people and I hope they will do a good job and so I am voting in favor.”
Councilwoman Slavick	Aye
Councilman Pastore	Aye“- I am very much in favor of the establishment of this committee for the reasons Supervisor Runion previously articulated and I am very much in favor, as well, of the individuals being proposed to serve on that committee as members. The general rule these days seems to be, it is easier for individuals to be criticized for lack of qualifications. I personally believe that there is a very good exception to bad rules. In reviewing the individuals who are listed, first and foremost Mr. Bruce Sherwin as Chairperson, I have known Bruce for some time, if I may refer to him as Bruce, his dedication to our community has been longstanding. He has served, not only as a member of this Board, but has served on various committees. His efforts have been tireless on behalf of the Town and I think he is an excellent choice as selectee for Chairperson Regina Dubois, I have come to know over the years, having served on the Planning Board with her. I think that Regina would be the first to admit that we come from different political parties and perhaps perspectives, but nonetheless, she has, like Bruce, shown an unselfish dedication to our Town over the years, serving not only on the Planning Board for seven years but as the Chair of the original Comprehensive Plan Review Committee.” He further stated that Joseph Abbruzzesse would serve the committee quite well. Kathy Burbank, as Director of the Chamber of Commerce, is more than fit as a member in that role to give her unique perspective with respect to businesses and our zoning code. Peter Barber, as a Chairperson of the Zoning Board, is a most fitting individual to be a member of this Board. He is competent and conscientious for this committee. Mr. Robinson and Mr. Brownell also bring with them a wealth and breadth of experience and knowledge and I think that they will serve this committee quite well. “So, I am very much in favor of the ideas behind this committee, the individuals proposed to serve on this committee, but most importantly, I think that they come from different walks of life and different political perspectives and persuasions and I think that it is absolutely incumbent upon the members of this Board, when delegating a task to review something so important as our zoning laws and proposed changes, that we keep it non-partisan and non-political. I think that we have endeavored to do that by bringing into this realm of committee, members who will do that and who hail from different perspectives. So, I am very much in favor of this motion.”
Councilman Grimm	Aye:- Well, the minority party had two nominees who are likewise very qualified. Ted Danz is the American success story. He started a business with his mother almost forty years ago and now I think that it has forty employees. Councilman Pastore’s contention about a non-partisan, bi-partisan board, it would have certainly been more non-partisan, bi-partisan had the minority not been shut out of submitting nominees to the board. I’ll vote yes because there are some good folks on the board but certainly our nominees should have been placed on the board, that’s pretty clear.”
Supervisor Runion	“I am voting in favor and I would just like to explain a couple of things. As Councilman Redlich stated, the Town Board is made up of 60% Democrats and 40% Republicans. You look at the composition of this committee and you’ll find that less than 50% of the membership on this board is Democrats. There is one Republican currently on the Board and I am willing to entertain the minority member’s addition of one additional Republican to the committee after the conclusion of this vote, which would then provide a committee made up of, guess what, three Democrats and two Republicans. The same composition that we have currently sitting on the Town Board. It also has a non-political flavor to it because no party will have a majority representation on the Board and we have, also, members of this committee that are either not enrolled in a party, are members of the Conservative Party, the Independence Party, so we have a variety of Parties represented on the board. This committee is also made up of a number of business community members and, frankly, I think this is one of the best bi-partisan committees that I have seen in my twenty- five years of being involved in Guilderland Town government. It is also one of the first committees that I have seen that has had representation like this from a variety of political parties to insure that we do not have a committee that has any type of political agenda. So, I am voting in favor.

I will now entertain a motion from the two minority members to add one additional person to the committee.”

Councilman Grimm said,” I just want to add, Mr. Runion that your Republican on the committee was chosen by you and not by the Republicans.”

Councilman Redlich moved to appoint Martin Kehoe. He stated that Mr. Kehoe is an attorney and has been a resident of Guilderland for many years. He works mainly with special education or special needs concerns. He serves as a hearing officer for these causes. He further stated that he would be a great addition to this committee.

Discussion was held on the benefits of having a certain number of members.

MOTION #118 Councilman Redlich moved to APPOINT MARTIN J. KEHOE, III TO THE COMMITTEE TO REVIEW AND RECOMMEND MODIFICATIONS TO THE ZONING 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- “I will add, however, my complete surprise that Mr. Danz would be considered by the members of the minority to serve on this committee. I would neither think of submitting his counterpart or the Chairman of the Democratic Party to serve on this committee, nor would I consider it if it were brought up by someone else. Having said that, I have no personal issues with Mr. Danz, I am just surprised that his name would even be brought up for this committee when we are talking about a non-partisan committee to begin with. Having said that, I am in favor of the motion.”
Councilman Grimm	Aye– “Well, the Chairperson of the committee is a former Democratic Town Board member in the Town. So, I find that puzzling, concern over Mr. Danz, who by the way is a remarkable American success story. Who has a forty-year success story in business, and I don’t necessarily appreciate those comments about Mr. Danz. He really has lived a remarkable life. So, I am certainly in favor and I believe that we should have two nominees on the board.”
Supervisor Runion	Aye – “I am going to vote in favor. I will state that I know Mr. Danz. He is a neighbor of mine, and a very nice gentleman and I think he would have made a good member of the committee as well. I do want to state that I feel the representation of three democrats and two republicans on this board keeps it a non-political board. I think this is going to be a very important committee. They have a lot of work to do and a lot of material to review. I know that Mr. Grimm expressed some reservation about Regina Dubois on the committee. I have known Regina for a very long time. She is a very dedicated individual to the Town. She served on the Town’s Planning Board for a number of years; she also did an excellent job as Chairman of the Comprehensive Planning Committee. I felt that she would make an excellent choice for this committee, not only because I felt that she could be non-political, but also, she brings to the committee what the original Comprehensive Planning Committee was looking at and was thinking about when they made the various recommendations to the Town Board back in 2001: that we look at the various neighborhood studies, and that we look at an eventual revision of the Code. I also fail to see the analogy between a political leader of a party and a former town board member; I fail to see that analogy at all. So I vote in favor of Martin Kehoe being added to the committee.”

Councilman Redlich said, “I just want to clarify something. I don’t think either Mr. Grimm or I think that Ms. Dubois shouldn’t be on the committee, we like Ms Dubois, we think she is an excellent person to be on the committee. The problem is that she is not someone that we proposed and we did propose people and you did not include the people that we proposed.”

Mr. Grimm said, “The reservation was that the two Republicans on the committee should be chosen by the Republicans.”

Mr Redlich stated that he did not agree with Mr. Grimm on that. “There should be people on the committee that are chosen by the minority membership regardless of their party.”

Councilman Pastore said, “You got 50% of them and you withdrew one. I don’t agree with the aspersions cast upon other members of this board for not allowing the members of the minority for, not only to bring names to the committee but we voted in favor of the one that you proposed and you withdrew one.”

Supervisor Runion congratulated all the people that had been appointed to the committee.

Item # 2 on the agenda concerned retaining Delaware engineering to engineer two stormwater drainage projects:

a. McKownville Storm Water Drainage Project - $75,000.00

b. Curry Road/Blackberry Estates Storm Water Drainage Project - $35,000.00

Supervisor Runion explained that these were two issues that had been a problem that has been experienced for a long period of time by the hamlet of McKownville concerning storm drainage to individual storm drainage residential units in the hamlet.

It is the opportune time to look at advancing this project because we will be looking at bids to help solve some of the stormwater drainage issues that we have with the Route 20 flooding issue and also because of the upgrades that will be occurring on Fuller Road.

The second project is storm drainage issues, similar to those experienced in the McKownville neighborhoods, which are a rising water table, flooding basements and flooding streets that have been experienced by the residents on Curry Road, particularly Blackberry Estates.

He further stated that Delaware Engineering has been involved for some years doing some preliminary investigative work in Blackberry Estates. They placed some monitoring wells to monitor what was being experienced in that area.

Supervisor Runion stated that he had received 16 e-mails from neighbors in the McKownville area and all 16 were in favor of the study.

He further stated that before engineers are sent out to do studies, we have to look at the potential that we are going to have to fund a project through bonding or some other mechanism. We will continue to look for other funding sources such as State grants or stimulus funding or other types of money that may be available. We can’t do a study and let it sit on the shelf for a number of years because the point of the original study would no longer be valid.

Councilman Redlich asked about the debt service schedule for 1 million dollars?

Supervisor Runion stated that it could be more than one million dollars but he wanted the Board to be aware of what it would cost to borrow a million dollars over a different number of years.

Councilman Redlich stated that when the Town applied for stimulus funds for these two projects didn’t the Town apply for nearly six million dollars for McKownville and two million for Blackberry?

Supervisor Runion stated that they had applied for 5.75 million dollars. The problem he foresaw was that the Town could not do a project for 5.75 million dollars or bond a project of that magnitude. What the Town could do, was, through this study determine the necessary outfalls that have to be constructed. This million dollars or 1.2 million or 1.3 million depending on how the study came in, could create the outfall, which would bypass the bottleneck on Route 20 and bring the storm drainage to another location. Then, through the use of town crews, we could tie into that outfall over a period of years and through the use of town crews, have them lay the pipe at a substantially reduced cost. We would look to phase it over a three to five - year period. That is what we are asking the engineering firm to look at.

He further stated that he had spoken with the Superintendent of Highways and he indicated that given the time and given the workforce he can have his crews lay the pipe.

This one million would be for McKownville.

Further discussion was held regarding engineering.

Councilman Grimm asked how the engineers had come up with the figures without a substantial study.

Supervisor Runion stated that they were preliminary estimates and now the Town was looking for a plan for the problem.

Further discussion was held.

Councilman Redlich asked where the initial $110, 000 for engineering studies would come from?

Supervisor Runion stated that the studies could be funded through the unexpended fund balance or from monies in the contingency fund. If the Town was able to secure grants, there is a two-year look back period, depending on the grant and the Town could possibly be reimbursed for the funds.

Councilman Grimm asked what would happen if the funds were not made available.

Supervisor Runion stated that a commitment should be made based on the number of problems that exist with bad storm drainage issues.

Councilman Redlich asked why this item was not put out to bid.

Supervisor Runion stated that this engineering firm had already done a lot of work on this particular problem.

Councilman Grimm asked what would be the downside in putting this out to bid?

Councilman Redlich stated that in May of 2008, Barton and Loguidice said it would do it for $50,000.00.

Supervisor Runion stated that the representative from that firm was at the meeting for MS4 Stormwater Management not for this issue and that he did not recall where that number came from but that he did not have a problem putting it out for proposal.

Further discussion was held regarding doing a Request for Proposal for the project.

Councilman Pastore asked the representative of Delaware Engineering about the differences in the projects.

Fred Grober, Delaware Engineering, explained that it would be difficult to be asked to put together a bid proposal on a study without a conclusion and without parameters other than their professional experience.

A proposal would require parameters, specifications. Their submitted letter listed what they would be doing.

Councilwoman Slavick asked if they would be using the results of surveys done a year ago.

Mr. Grober stated that that would be a portion of it but that they would have to find an outfall, where they could actually go with drainage. Therefore, interaction with a number agencies would be required such as the Thruway for Blackberry and DOT and Albany County for McKownville. A hydraulic model would be needed that says what was being added to existing stormwater that was going to impact downstream and those pipes already there handling a portion of the flow. He further stated that there was a lot of data that needed to be gathered but they do not know what the conclusion is. That is what the study is for, to come up with the most economic and cost effective means of putting in drainage alleviating the problem in both areas.

He further stated that if you understudy something you might come up with significant issues during the construction stage.

Further discussion was held regarding the proposed study to be done by Delaware Engineering.

Councilman Redlich moved to put the two projects out to bid. Councilman Grimm seconded.

Supervisor Runion asked for public comment.

Donna Markessinis, McKownville, stated she has lived in the area years before a number of the issues impacting the area, factors such as SUNY, and construction along Fuller Road came along. The contribution to the problem was from a lot of different municipalities; it was not only the storm system. Delaying this is going to miss out on opportunities. She stated that she understood going out to bid to create a sense of fairness but it would not be fair to this engineering firm to go out to bid when their bid was publicly announced.

Fall and winter weather and other issues would impede access to the storm system.

She would encourage everyone to move forward. This was just to get the information that we needed to show SUNY and Albany County to move forward. She asked not to delay this by going out to bid.

Carl Patka, Glenwood Street, spoke on the issue of bidding versus sole source issue. He said, “If you were building a particular project that has specifications it would be reasonable to put it out to bid so that you could have multiple responses. If what you are doing is relying upon the professional expertise of a given engineering corporation that is already familiar with the situation and can turn around some results in terms of a plan to address a rather urgent situation quickly, then I don’t think there is any legal obligation that I am aware of to go forward with an RFP.”

He further stated that if you have a reasonable breakdown of expenses associated with professional services being rendered, is the delay for an entire season worth the additional money that you may or may not save by retaining a different company that doesn’t have the expertise expressed by Delaware Engineering? He further stated that this was an urgent project and mentioned a number of issues of subsidence in the area.

He said that there was also an issue of public health with the tremendous amount of standing water in the neighborhood and that this standing water is causing opportunities for mosquito breeding and mosquito born illnesses. For all of these reasons, he urged the Town to go forward with the issue as quickly as possible and to look at other sources of funding.

Lynn Nasadoski, McKownville, stated that having Supervisor Runion addressing the McKownville issue had her overjoyed. She further stated that the deteriorating infrastructure would lead to deteriorating home values. Moving forward with this issue is the way to protect resident’s home values. She asked each council member to vote to go forward on this agenda item.

Doug Smith, McKown Road, stated that this was a problem that has been growing for a long time. It’s the intersection of development and neglect of the system. He thanked the Supervisor for stepping up and starting to recognize that the Town has to do something.

He further stated that they appreciated that kind of action and creative thinking in McKownville. He stated his concern that the proposal for going out to bid did not reflect sound judgement so much as contrariness without concern for the consequences. He felt that there was some risk in not going out to bid in that you might spend more but this was outweighed by the urgency of the situation and that you might end up spending more. He stated that he was against the proposal to go out to bid and that he trusted the Supervisor and the Town staff ‘s ability to secure professional services at a reasonable cost.

Jim White, Brookwood Avenue, McKownville, stated the he understood the reasons for going out to bid. He stated that in listening to the representative of the engineering firm, Mr. Grover had a pre-existing knowledge of McKownville and the other area and we won’t lose time.

Anna Dugan, Parkwood St., tired of the problem and asked that the Town Board not delay.

Pat Conlon, Curry Road Extension, stated that in the fall of 2007-2008 he was pumping 1.3 million gallons of water per month.

The problem with the area is that there are no catch basins for the water. He thanked the Board for considering the matter.

Don Reeb, Norwood Street, President of the McKownville Improvement Association, stated that they had been dealing with this problem for many years and would like them to move quickly.

He asked the Board to consider the costs if this were to be delayed. It is not just homeowners but businesses that suffer. Another year means more cost, to the Town and to the homeowners as well. He had personally spent $7,000.00 to shore up his basement walls.

He applauded the Town for taking this up.

Martin Gnacik, Elmwood Street, excited about possibly having this long-term problem solved.

He stated that they should not be wasting another day. He reviewed the expenses incurred regarding trying to maintain a dry basement.

He suggested that all of the infrastructure in McKownville should be looked at not just storm sewers.

Lisa DeSousa, Ryan Place, Blackberry Estates, stated that because of water pressure from incoming water, two of her neighbors had to fill in their foundation with cement because their basement walls had bowed.

She pumps 140,000 gallons of water a month from her property. She stated that she and her neighbors along with the McKownville neighborhood were grateful that this was moving forward.

Councilman Grimm asked Supervisor Runion for a timetable.

Supervisor Runion stated that once he received the proposed study he would suggest which alternative was the best fit. They would then go out to bond and then go out to bid to resolve some of these issues. He further stated that Delaware Engineering has the experience in both locations because they have been working with the Town on monitoring the wells in the Blackberry Estates region and with McKownville.

They would be able to come up with the quickest study for a possible solution.

Supervisor Runion stated that he had been at Mr. Conlon’s property and that he, after excavation, still pumped 800,000 gallons of water per month from his property.

He felt that not to move forward at this junction would be foolish. He asked for a vote on the motion to go out to bid.

Town Attorney, Richard Sherwood, said, “Before you do, aside from all of the reasons that have been given tonight, I would caution you about going out to bid from a legal standpoint as well. You are talking about essentially using a letter from Delaware Engineer to create your bid specs. You already know their prices and you’re just asking their competition to undercut. From a fairness standpoint, I just don’t see how you would do it.”

Supervisor Runion stated that since it was a professional service contract, there is no legal requirement to do it.

Councilwoman Slavick asked about a timetable for this project

Mr. Grober stated that if the Board hired Delaware Engineering, they could start gathering field data at the end of August, September.

Councilman Redlich asked when the McKownville study could be completed.

Mr. Grober stated it would be three or four months depending on the response of the agencies that they would be talking to. They could be back to the Board by November so that they would put together first phase construction information.

Councilman Redlich asked what would happen to the timetable if the vote were delayed two months.

Mr. Grober stated that it would push it two to three months away and it would be harder to gather data the more difficult the weather.

This proposal is this expensive because there have been no existing studies done, no identification for catch basins.

A discussion was held regarding the legal consequences of going out to bid.

Councilman Redlich asked for the theory of liability.

Town Attorney, Richard Sherwood stated that it would not be an open and fair bid process.

Supervisor Runion explained that it would be collusive. We could not use the Delaware proposal for the bid specs. The Town would have to go out and develop their own bid specifications independently of the proposal submitted by Delaware Engineering, which would incur a further delay.

He further stated that the Town could not take their document and send it to other engineering firms and ask what they would charge to do the same thing. Specifications would have to be developed for the Request for Proposal.

This would also create a further delay in trying to develop the specifications.

Councilman Redlich withdrew his motion regarding going out to bid for engineering services.

MOTION #119 Councilman Pastore moved to RETAIN DELAWARE ENGINEERING TO ENGINEER TWO STORM WATER DRAINAGE PROJECTS:

a. MCKOWNVILLE STORM WATER DRAINAGE PROJECT - $75,000.00

b. CURRY ROAD/BLACKBERRY ESTATES STORM WATER DRAINAGE PROJECT -$35,000.00

Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich	– “ First of all I am going to vote in favor of this, but I want to be clear about something, I am not a good politician and I heard a couple of people step up to the microphone to say things that I found objectionable. A couple of people came up to the microphone and thanked Supervisor Runion for bringing this up. I want to ask you, go read the minutes of the May 20, 2008 meeting, ask for the video, ask the Town Clerk to provide you the video from that meeting. I proposed that we put this out to bid in May of 2008 and he turned his back on you. He said, no, let’s not do it. The delay from May of 2008 to today is from Mr. Runion telling us not to do it. This is something we could have put out to bid in May. We discussed it. Barton and Loguidice, he was going to work with Bill West and Todd Gifford to put together bid specs, we were going to put it out to bid and this could have been done a year ago. So, to thank Supervisor Runion for doing this for you when he turned his back on you a year ago is not, in my opinion, correct. And, I want to stress also, I lost many train of thought, so I am an even worse politician but I vote in favor.
Councilwoman Slavick	Aye– “I heard a lot of different things here tonight. For instance, one woman talked about filling in her basement with cement, pumping 800,000 gallons of water per month. We have public safety issues that somebody talked about, quality of life, mosquitoes, standing water. It’s my job as a Town Board member to protect the quality of life of our residents as well as the public safety and I think the other Board members do too. Delaware Engineering, I know that they have done other work for the Town on Fuller Road, on Route 20; they have done a lot with our water. So, I am wholeheartedly in favor. I just heard too many negative things that are impacting our residents with the flooding in the basements, walls caving in, it’s just not right, so I am wholeheartedly in favor of going through with this study."
Councilman Pastore	Aye – “ I am in favor of the motion. I think the testimony elicited tonight by the residents shows a remarkable restraint given the problems over these many months and years. They have come to the Board with a great deal of patience and, I believe in some cases, reverence for the efforts that have been made, be it the Supervisor or the rest of the members of this Board. I am particularly impressed with the first speaker who spoke in terms of logic with putting out a bid that would be collusive and would be a major disadvantage to all those who tried to bid and would use the information that Delaware Engineering has already made public. It’s time to move. The patience exhibited has been remarkable, the efforts, I believe, by this administration are likewise commendable and I am wholeheartedly in favor of this motion.”
Councilman Grimm	Aye– “Good discussion tonight. I thank all of your input. There was never any question whether or not your need was dire or there needs to be action. The whole issue is, what is the right approach. Is the right approach to hire someone without the benefit of having other options? Now, typically that is the case. That’s why you go out to bid. You give yourself options to pick the best approach that is going to serve the people of McKownville and the Blackberry Estates in the best way. It was a good discussion. I think the right course of action, were putting an awful lot of trust in Delaware Engineering given that we are not going to be seeing other requests for proposals which would give us an opportunity to see a different perspective on things. It isn’t just about the price but also about the perspective. So, it’s a tough call. I think that I am going to vote yes but I am mindful that we’re expecting a lot from Delaware Engineering and I will be carefully scrutinizing the results of that study.”
Supervisor Runion	“I am going to vote yes as well. There is a reason why the law does not require us to go out to bid for professional services. That is because it permits the Board in it’s absolute discretion to go out and find the best professional that they feel comfortable with to do the job. I have faith in Delaware Engineering because they have done a number of other projects for us and they have done an excellent job, not only in preparing the specifications but getting the work done in a timely fashion. They have also done an excellent job for us in coming up with solutions for some pretty difficult problems. Mr. Redlich, who every day amazes me a little bit more and more with his comments, pointed out to an MS-4 meeting that we heard with Barton and Loguidice back in May of 2008. At that time we were in the middle of a number of other projects including the project that we will award the construction contracts this evening. We have to come up with solutions in a measured manner. That is what we have done as a Board in the past and that is what we are going to do in the future. We also have been looking for a long time for funding sources to do these projects. I have had numerous conversations with residents in McKownville and Blackberry Estates. Frankly, people don’t want to see their taxes increased. They feel that the are paying an awful lot for school taxes, they feel that they are paying a lot for other types of taxes and they feel that government is taking a lot of the money out of their pockets. So, we have tried diligently over the past several years to get as much funding as possible from outside sources, whether it be our local representatives, Assemblyman McEneny or State Senator Breslin. We looked at the possibility of stimulus money and as soon as we learned of the stimulus ability the first proposals that we put out were the McKownville storm water drainage project and the Blackberry Estates storm water drainage project. Unfortunately, if you can’t tie your project in with another type of State project that has already been committed to be done, with some sort of State funds where the State can escape some of their obligation, they just aren’t awarding those stimulus funds to local communities. But we get to a point where we can’t ignore the difficulties that we are having in some of these neighborhoods. Whether it was back in May of 2008 or now in July of 2009, we can’t ignore the situations. We have health issues that somebody pointed out with respect to mosquito population, and that is a call that we get all the time, mosquitoes, ticks, and other types of infestations that people point out, again the result of these rainy wet conditions. We have people that are suffering as a result of having to fill in their basements with concrete. That’s not fair. We have people having constant problems with flooding conditions and again our emergency services are called in. So, regardless of whether it is May, June, July or whatever, we have to move forward, we have to come up with some solutions, and as I said at the beginning of this meeting, this Board has to make a commitment right now that when the solution is available we’re going to go out and raise the money. Whether we raise it through bonding sources, whether we get our legislators to help us, we step up our grant proposals, we have to make a commitment right now when we do the studies and we put out this $110,000.00 that we are going to move forward and we are going to follow the recommendations of our engineers and we are going to solve these problems. That is my commitment right now, Mr. Redlich, to move forward and to get the work done. I am willing, in the near future, when the solutions come in from the engineers, to again bring before this board proposals to go out and borrow the necessary money to get these two projects completed. I will work as hard as I can to ensure that we get whatever outside sources are available to us by whatever means possible, whether that it is by looking for low interest loans, looking for other types of grants, but we are going to get this done. And so with that, I vote in favor of the two projects.”

Supervisor Runion asked Mr. Grober to get going as quickly as possible on the two projects.

MOTION #120 Councilwoman Slavick moved to RELEASE ESCROW FOR WATER EXTENSION #24 OAKWOOD MANOR IN THE AMOUNT OF $128.77. 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 #4 on the agenda concerned awarding the bids on the Route 20 – Stuyvesant Plaza-McKownville Reservoir storm drainage project.

Supervisor Runion explained that the bids for the project came in higher than anticipated. The Town has, through outside funding sources the sum of $600.000.00, not only from government sources, but also private sources, Stuyvesant Plaza, Ed Swyer, who has committed $100,000.00 towards a partial solution to the flooding conditions on Route 20.

Part of the project cost is that the Town has to pay for construction of the project but for engineering costs, construction management costs and for contingencies.

Low bid for construction only came in at $589,633.75.

Supervisor Runion stated that there were three other bids that were much higher.

The dilemma for the project is that there is $47,000.00 for the design engineering and $25,000.00 for construction management and $25,000.00 for the contingency fund for unforeseen circumstances.

In the bid proposal, funds were allotted for some park enhancements, including a gazebo, in the amount of $30,000.00 and $11,000.00 for construction materials.

He further stated that this money could be removed from the project and possibly added at a later date.

This still left the Town $45,000.00 short for the project. He stated that he worked with the attorney for Mr. Swyer from Stuyvesant Plaza and an agreement was reached to split the $45,000.00 in order to make the project work and move forward.

He would be asking the Board to commit to $23,317.00 of Town funds. This commitment may be less if the Town does not use its contingency funds.

He stated the alternatives, going out to bid again or not doing the project at all.

Councilman Redlich stated that he had met with Mr. Grover of Delaware Engineering.

He asked questions regarding the land bridge and whether it could be removed.

Mr. Grover stated that the land bridge was not optional.

Councilman Redlich asked if the project could cost more?

Mr. Grover stated that on a construction management basis they had to look at keeping the key elements of what makes the park as well as the storm water project function. However, they had to keep in mind the aesthetic reasons for the park.

Of the fifty bid items, 25 are unit pricing, and if they can minimize the unit prices they can keep the cost of the project in budget. He further explained that they were construction management and would not pay for anything that was not approved. They would be determining and monitoring the units.

Councilman Redlich asked if the contract allowed for adjustment of the unit price bid items couldn’t it cost more?

Mr. Grover stated that it could cost more or it could cost less.

It is not a lump sum price on all items.

Councilman Redlich asked about the hydraulic model and the pipe replacement.

Mr. Grover explained.

Councilman Grimm asked if there could be any additional cuts to the project.

Supervisor Runion stated that the bid and any cuts to the project would have to go to DOT for approval since they had a monetary investment in the project.

It would be left up to the discretion of Delaware Engineering for any cuts to the project.

Discussion was held regarding line items that would be cut from the project.

Councilman Pastore asked if anything else could be cut from this project at this point in time without affecting the integrity of the project.

Mr. Grober stated that he would not do that at this time.

Councilwoman Slavick asked if they consistently monitored the project and Mr. Grover stated that they monitored all the units and only paid for what was placed. Change orders needed Board approval.

Councilman Grimm stated that this would not solve the flooding problem.

Mr. Grober stated that was correct. The area would flood less frequently because of a greater storage capacity due to a detention basin.

Further discussion was held regarding possible future controls for flooding incidents.

Don Reeb, Norwood Street, stated that he was very pleased that this park was being made available again to the residents.

MOTION #121 Councilwoman Slavick moved to AUTHORIZE THE EXPENDITURE OF UP TO $23,317.00 TOWARDS THE MCKOWNVILLE PARK AND STORM WATER IMPROVEMENT PROJECT. 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

MOTION #122 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN THE MEMORANDUM OF UNDERSTANDING AND AGREEMENT WITH STUYVESANT PLAZA, INC. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Supervisor Runion asked for the change in wording from plantings to construction materials.

Councilman Redlich	Aye
Councilwoman Slavick	Aye
Councilman Pastore	Aye- Councilman Pastore asked if this was the best memorandum that the Supervisor could secure? Supervisor Runion stated that it was and thanked Ed Swyer for his contribution of $100,000.00 and stated that Ed Swire was instrumental in aiding the Town in getting that grant from the Department of Parks and Recreation. He had indicated to that Department that if they gave the Town the grant of $100,000.00 he would march it. He also, without hesitation, offered to pay for half of the overage. Jim Shultz, Esquire passed along Mr. Swyer’s firm commitment to this project and offered the thanks of Ed Swyer to the Town for going forward with this project as it benefited not only Stuyvesant Plaza but also the McKownville community as a whole.
Councilman Grimm	Aye– stated that this would not solve the problem but would help the problem for the residents in that area and for people trying to get in and out of Stuyvesant Plaza. This was a positive development for Guilderland.
Supervisor Runion	Aye – Thanked DOT who came to the plate and they made a contribution through a Betterment Agreement to get this project done. They also did some preliminary engineering and some park improvement designs for the park. We owe a lot to Assemblyman McEneny for coming up with a sum of money to help alleviate the flooding issues we had on Route 20 and when we were short $50,000.00 on the projected budget, he came through with the additional funds.

MOTION #123 Councilman Pastore moved to AWARD THE BIDS ON THE ROUTE 20 – STUYVESANT PLAZA LOW BIDDER M. SULLIVAN, INC. WITH THE PROVISION THAT WE WOULD BE ELIMINATING THE GAZEBO AND $11,000.00 IN CONSTRUCTION MATERIALS

Councilman Redlich	Aye
Councilwoman Slavick	Aye–“ This is a win win situation for a lot of people, the Town, the residents of McKownville and Stuyvesant Plaza. This is a good example of how government entities have all come together to come up with the funding for this project. We have State agencies, we have the Town, and we have Assemblyman McEneny. I know that took a lot of coordination and so I would also like to thank Supervisor Runion because I know that he has been working on this, I believe, since 2003, that’s a long time and this has finally come to fruition and I am very much in favor of this project going forward.”
Councilman Pastore	Aye– “I am particularly impressed with the conclusion that the proposed stormwater improvements will lesson the flooding occurrence by approximately 66%. I think that we are all fully aware that it is not going to resolve the problem, but it’s certainly designed to drastically, dramatically, improve it. I thank all those who have been thanked for their tireless efforts in not only the vision of this project but most importantly for the funding for this project.
Councilman Grimm	Aye
Supervisor Runion	Aye– Thanked everyone again and stated it was a great thing for McKownville. The community will see reduced flooding which will help the business community and will alleviate some of the emergency resources that have been used as a result of the flooding. He thanked the McKownville residents for their patience. This project will help pave the way for the Town to get other things done in the McKownville neighborhood.

Item #5 on the agenda concerned approving a transfer.

Supervisor Runion stated that the Assessor is required to attend mandatory training and this was for that training.

MOTION #124 Councilman Redlich moved to APPROVE THE TRANSFER AS SUBMITTED BY THE COMPTROLLER’S OFFICE. 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 # 6 on the agenda concerned entering an agreement with the Town of Colonie for solid waste disposal.

Supervisor Runion explained that this was an agreement that goes through 2013 and it would provide for household garbage and commercial waste for $55.00 per ton for years 2009- 2011 and $56.00 per ton for 2012 and 2013.

Construction demolition debris would be $60.00 per ton for the life of the contract.

This is the waste that comes from the Town’s landfill station. This would be a net savings of $17.00 per ton on a blended rate.

Supervisor Runion stated that we could modify the limits that we can bring. There is a minimum that we have to bring, so the Town will adjust the minimum to a level below the 3,000 tons.

Councilman Grimm asked what the difference in fees was between Colonie and Rapp Road and the percentage of residential versus construction waste.

Supervisor Runion stated that the Town had been paying $52.00 for household waste and

$80.00 per ton for construction demolition.

It is a 50/50 percentage. He stated that if you factor in the trucking, the cost would be a wash.

The Town would not be contributing to the odors from the Albany landfill.

Supervisor Runion said, “If we can’t be part of the solution, we are not going to be part of the problem.”

Councilman Grimm asked why this hadn’t been done sooner?

Supervisor Runion stated that the opportunity had not arisen. When he heard that Colonie was looking for additional customers he immediately called Colonie. He further stated that he had been looking several years at various locations but all had been extremely expensive particularly with trucking costs.

As part of this agreement, we will be joining the Town of Colonie Planning Unit. All members of the Planning Unit would have to consent to the Town’s joining. By joining the Planning Unit the Town could avail itself of grant money.

MOTION #125 Councilman Pastore moved to ENTER INTO AN AGREEMENT WITH THE TOWN OF COLONIE FOR SOLID WASTE AGREEMENT. Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich	Aye– “ Two meetings ago we voted on the Answers Solid Waste Management Plan. I vote no because the Solid Waste Management Plan called for expanding the Rapp Road landfill. Mr Runion, Mr. Pastore and Ms. Slavick voted in favor of expanding the Rapp Road landfill. I voted against expanding the Rapp Road landfill. I am glad to see that they turned around and they now support not expanding the Rapp Road landfill and not dumping waste in the Rapp Road landfill.
Councilwoman Slavick	Aye
Councilman Pastore	Aye– “Well, I typically don’t like to explain the votes of other members of this Board. I certainly defer the intentions of the votes of other members of this Board. I certainly would request that other members of the Board would afford me the same courtesy. I believe that my vote was more toward keeping the options open with the Answers program and this opportunity availed itself and I think, as is typical throughout his tenure as Supervisor, Mr. Runion seized upon that and has once again provided a much more viable alternative to what we had and I am in favor of the motion.”
Councilman Grimm	Aye- “I voted against the Rapp Road expansion. It has been a real problem for the folks in that area. Obviously the Pine Bush issue but also for the smell. This is something we should be vigilant about because I’ve talked to residents there and they cannot sit outside in the yard in the summertime. So that is problem that remains and we have to work on. This is, I think a good move and I vote in favor.”
Supervisor Runion	Aye– “ I want to just again reiterate that Mr. Redlich has misrepresented the action of the Board at the May meeting. At the May meeting, it was indicated that I, as well as the other Board members, opposed the expansion of the landfill. I have been on record for a number of years opposing the expansion of the landfill. In fact, as a member of the Pine Bush Commission, I was one of the minority of members who opposed the undedication of Pine Bush land for the expansion of the Albany landfill and it required the City of Albany to come in with a different solution. Now, it would have been very irresponsible for this Board at the last meeting not to have agreed to the Solid Waste Management Plan that was presented to us by the City of Albany because at that point in time we had no place to put our trash. So what were we going to do, put it out in the streets or in the fields of Guilderland? So, we had no alternative at that time but to approve the Solid Waste Management Plan. But, over the last several years, and I will reiterate, for at least the last three years, I have been looking for an alternative source for our soiled waste management. We’ve gone to Seneca and discussed rates with them; we’ve looked at various proposals for transporting our waste to Seneca, which is a good, well-run facility, and it is cognizant of the environment in Seneca, but the expense was just enormous when you consider the trucking from here to Utica, particularly based on the frequency that we would be going to that landfill. We’ve looked at going to Schenectady and we’ve looked at a variety of different options. As soon as an option became available to us with the Town of Colonie, we negotiated a contract and we took advantage of it. Mr. Redlich can say whatever he wants, he can claim that he is not a politician but he has taken an awful lot of political shots this evening, which I think are wrong, and I don’t think are appreciated by the other members of the Board or by the community in general. But I vote in favor of the Solid Waste Management Plan, I think it’s a good move on our part, I think that we are being environmentally vigilant and I look forward to working with the Town of Colonie in the future.”

MOTION #126 Councilwoman Slavick moved to MOVE THE SEPTEMBER 15, 2009 TOWN BOARD MEETING TO SEPTEMBER 17, 2009 DUE TO PRIMARY ELECTION ON SEPTEMBER 15, 2009. 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

MOTION #127 Councilwoman Slavick moved to ADJOURN THE JULY 7, 2009 TOWN BOARD MEETING AT 11:10 PM. 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

Respectfully submitted,

Rosemary Centi, RMC

Town Clerk