REGULAR TOWN BOARD MEETING DECEMBER 1, 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 November 17, 2009 Town Board meeting.
MOTION #183 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE NOVEMBER 17, 2009 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Abstained |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
PUBLIC COMMENT PERIOD – No public comment
PUBLIC HEARINGS:
7:30 PM - Water District #75
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained that this extension is being paid for entirely by the developer. The subdivision will be known as “20 West”.
MOTION #184 Councilman Redlich moved to CLOSE THE PUBLIC HEARING ON WATER EXTENSION #75. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #185 Councilman Pastore moved to ADOPT THE RESOLUTION APPROVING ESTABLISHING WATER DISTRICT EXTENSION #75 TO THE GUILDERLAND WATER DISTRICT IN THE TOWN OF GUILDERLAND, COUNTY OF ALBANY, STATE OF NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW OF THE STATE OF NEW YORK. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Opposed -stated, "I have concerns about traffic as with the previous development we discussed last meeting." |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
AGENDA ITEMS:
Item #1 on the agenda concerned the appointment of Carl Duda to the position of Sergeant in the Guilderland Police Department.
Supervisor Runion stated that the Town has employed Officer Duda since 1995. He was first assigned to the Patrol Division and then later to the Youth Services Division until the present time.
Officer Duda was number two on the eligibility list.
Councilwoman Slavick, member of the interview committee, stated that three applicants had been interviewed and Officer Duda was the unanimous choice.
MOTION #186 Councilwoman Slavick moved to APPOINT OFFICER CARL DUDA TO THE POSITION OF SERGEANT IN THE POLICE DEPARTMENT PURSUANT TO THE ALBANY COUNTY CIVIL SERVICE LIST AND THE RECOMMENDATION OF THE PROMOTIONAL REVIEW COMMITTEE AND THE CHIEF OF POLICE. 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 #187 Councilman Pastore moved to APPROVE THE RELEASE OF ESCROW FOR SADDLEBROOK SUBDIVISION – WINDSOR COURT PER RECOMMENDATION OF THE TOWN DESIGNATED ENGINEER. 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 #3 on the agenda concerned adopting a resolution supporting and concurring with the Albany County Empire Zone revision application (Albany County Local Law I of 2009).
Supervisor Runion stated that each year the commission met to make recommendations for modifications or changes.
This year one change had been made that would affect Guilderland. That would be one half acre added to the Empire Zone in the vicinity of Railroad Avenue.
Supervisor Runion stated that the Empire Zone was due to expire in June of 2010.
Councilman Grimm asked what the benefit would be to the Town.
Supervisor Runion explained that it allowed for developers to bring industrial uses to a community, which eventually expands the tax base and at the same time provides additional jobs for the community and the County of Albany.
Further discussion was held regarding the size of the Empire Zone and benefits to the Town.
MOTION #188 Councilman Redlich moved to ADOPT THE FOLLOWING RESOLUTION SUPPORTING AND CONCURRING WITH THE ALBANY COUNTY EMPIRE ZONE REVISION APPLICATION (ALBANY COUNTY LOCAL LAW I OF 2009).
WHEREAS, New York has created the Empire Zone Program to encourage industrial and commercial development in selected municipalities across the State, and
WHEREAS, Albany County as an eligible municipality, received designation of an Empire Zone made up of sub-zones including portions of the City of Cohoes, Village of Green Island, Town of Guilderland, Town of Colonie, Village of Menands, City of Watervliet, and the Town of Bethlehem and
WHEREAS, Albany County intends to revise the County Empire Zone Boundaries to encourage industrial and commercial development and to allow for the additional acreage in the sub-zone in the Town of Guilderland, and
WHEREAS, The Town of Guilderland is committed to the development of new businesses within the proposed sub-zone, and
WHEREAS, The Town of Guilderland wishes to support and concur with the Empire Zone revision application,
NOW THEREFORE, BE IT RESOLVED THAT THE town of Guilderland Board, in its capacity as governing body of the Town, does hereby support and concur with the Albany County Empire Zone revision application to expand the boundaries of the Empire Zone to include the properties described in Albany County Local Law I of 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 #189 Councilman Redlich moved to APPROVE A WARRANT ADJUSTMENT FOR THE GUILDERLAND WATER DISTRICT. 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 #190 Councilman Redlich moved to AUTHORIZE THE EXPENDITURE OF $130,500 FROM THE SEWER REPAIR RESERVE FUNDS FOR SEWER REPAIR ON ARCADIA AVENUE. 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 #5 on the agenda concerned authorizing the Assessor to settle a tax litigation case with Landmark Development Group for four (4) undeveloped vacant lots on Stonebriar Drive. Supervisor Runion read a memo from the Assessor stating that the vacant lots did not have water or sewer services. (P 146A) When the lots are developed there would be a change in the assessment.
MOTION #191 Councilwoman Slavick moved to AUTHORIZE THE ASSESSOR TO SETTLE A TAX LITIGATION CASE WITH LANDMARK DEVELOPMENT GROUP FOR FOUR (4) UNDEVELOPED VACANT LOTS ON STONEBRIAR DRIVE. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item # 7 on the agenda concerned a recommendation to change the Town insurance carrier from Zurich Insurance Company to Selective Insurance Company that would result in a reduction of premiums in the amount of $39,676.28.
Supervisor Runion stated that there would also be some enhancements that would be provided such as the elimination of a deductible under the General Liability coverage.
This policy would be for one year.
Councilman Redlich asked why the coverage for public officials liability was so high and could the Town save money by reducing it.
Mr. David Bauer, President of Capital Bauer, the Town’s insurance broker, answered questions from the Board regarding coverage and rates. He explained that the term “public officials” referred to just about everyone employed by the Town, outside of the Police Department.
Councilman Pastore asked if there were any disadvantages to this proposal.
Mr. Bauer stated that there were not. He further stated that this proposal had some other advantages in that the Selective claims manager was local as was the loss engineer.
MOTION #192 Councilwoman Slavick moved to APPROVE THE RECOMMENDATION TO CHANGE THE TOWN INSURANCE CARRIER FROM ZURICH INSURANCE COMPANY TO SELECTIVE INSURANCE COMPANY THAT WOULD RESULT IN A REDUCTION OF PREMIUMS IN THE AMOUNT OF $39,676.28. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item #8 on the agenda was a continuation of the public hearing regarding the clean up of 3600 Western Avenue.
Rodger Stone, Town Zone Code Enforcement Officer, read his memo to the Board regarding his recommendations. (P 147A) He stated that a number of the items that needed to be addressed had been taken care of such as the removal of junk vehicles. There were still issues regarding fence repair and replacement and the placement of the crusher and the concrete pad. He further stated that he did not observe any toxic chemicals.
Councilman Pastore asked about tire removal.
Mr. Ciembroniewicz explained that he was still under DEC order for tire removal. Mr. Stone stated that he had asked for a revised copy of the DEC order regarding tire removal.
Mr. Ciembroniewicz further agreed that he would immediately address the fencing issue regarding repairs having to be made or sections replaced. He stated that he could not move the pad or crusher 1000’ because he did not own that much property. He did hire an engineer to determine the best placement of the crusher and concrete pad.
Supervisor Runion suggested that the Board wait until the engineer’s report came in to make a determination regarding placement of the crusher and the concrete pad.
He further suggested that the public hearing be continued until December 15, 2009.
Mr. Stone would contact neighbors regarding the continuation.
Town Attorney, Richard Sherwood, recused himself, for the record, from the Executive session.
MOTION #193 Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION AT 8:32 PM TO DISCUSS CONTRACT NEGOTIATIONS AND LEASE RENEWAL OF WESTERN TURNPIKE GOLF COURSE CLUBHOUSE. 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 #194 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 9:40 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 #195 Councilman Redlich moved to ADJOURN THE DECEMBER 1, 2009 TOWN BOARD MEETING AT 9:42 PM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
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