REGULAR TOWN BOARD MEETING DECEMBER 15, 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 December 1, 2009 Town Board meeting.
MOTION #196 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE DECEMBER 1, 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
AGENDA ITEMS:
Item #1 on the agenda concerned setting a public hearing for zoning enforcement in regard to premises located at 3393 Carman Road, tax map # 15.18-3-42.
Zone Code Enforcement Officer, Rodger Stone read a memo to the Board regarding the issue. (P 150A).
According to Mr. Stone, the owner of the property, Mr. Arnold Naperty has had several tickets issued regarding the accumulation of rubbish and the storage of unlicensed vehicles at the property.
Supervisor Runion stated that the Justice Court does not have any injunctive power, they can only fine.
This would be the method for removal of the rubbish and unlicensed vehicles.
Mr. Stone asked the Board to set a public hearing for comment on the issue.
MOTION #197 Councilwoman Slavick moved to SCHEDULE A PUBLIC HEARING ON JANUARY 19, 2010 AT 8:00 PM FOR ZONING ENFORCEMENT IN REGARD TO PREMISES LOCATED AT 3393 CARMAN ROAD, TAX MAP #15.18-3-42. 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 #2 on the agenda concerned adopting a resolution dedicating 191 acres of land owned by the Town of Guilderland to the Albany Pine Bush Commission for purposes of preserve management.
Chris Hawver, Executive Director of Albany Pine Bush Commission, explained the history of the Pine Bush Preserve and the purpose of the commission.
They are charged to manage the lands under dedication of the Preserve.
Dedication of the land allows the commission to do natural resource management, like prescribed burns, invasive species management or control, native species restoration and the development and management of trails to name a few. They would also have oversight of the rules of the commission which were set up by and enforced by DEC through the Forest Rangers of the Environmental Conservation officers.
From the standpoint of the Town, dedication of the land may help to alleviate some of the problems that the town has such as inappropriate uses, such as ATV’s and illegal dumping.
Councilman Redlich asked if property owners around the parcel had been notified of the possible dedication. He also questioned “controlled burns” and the impact on the residents.
Mr Hawver stated that they attempted to do everything in their power to control the smoke. They choose days that smoke will be carried away from the area and all of their plans have to be approved through DEC.
Councilman Redlich further stated he would like the residents to be notified of the proposal to be able to speak at a public comment.
Councilman Pastore asked if residents are notified that there would be controlled burnings.
Mr. Hawver stated that a control burn cannot be scheduled well in advance due to changing weather patterns but residents could have their names placed on a call list before the burn would occur.
Councilman Grimm asked if the dedication transferred ownership.
Supervisor Runion stated that it did not and in order to change it, it would have to go to the State Legislature.
Supervisor Runion explained that by transferring the property to the Preserve, they would be responsible for the maintaining it and it would remain forever wild, open space.
Councilman Redlich asked if the Town maintained the property currently.
Supervisor Runion stated that they did in a manner of a defensive type procedure.
He further stated that this would give the Town the opportunity to have trails and to keep out plants that are invasive, such as poison ivy.
Councilman Grimm stated that in giving up control of the land we would give up a say in what was done on the property.
Mr Hawver stated that if the Board and the Supervisor were unhappy with what was being done, he would be happy to come in and talk to the Board and consider their position
Councilman Redlich requested that a public hearing be held to notify residents about the transfer of property.
After some further discussion by the Board, the item was tabled until January 19th, 2010 to allow for notification of the residents in a 1000” radius of the property considered for dedication.
Item # 3 on the agenda concerned establishing a fee for the review of Stormwater Pollution Prevention Plans for soil disturbances of less that 1 acre in the amount of $100.00 pursuant to the recommendation of Stormwater Management Officer.
Rodger Stone, Stormwater Management Officer, stated that the Town currently has a $300.00 fee for Stormwater Pollution Prevention Plans parcels of over 1 acre.
Councilman Grimm asked what would be some examples of soil disturbances.
Mr. Stone stated that it would include clearing, grading, grubbing, site work, and foundation for a new home, anything that would disturb 1 acre of land or less.
Councilman Grimm stated that currently a number of permits are required when building a new home and this would be another permit.
Mr. Stone stated that this was part of the MS4 that was mandated from the Federal Government through the State to the local municipality that we have to work on for erosion and sediment control and illicit discharge. This was a local law that had been adopted in 2008.
He further stated that in speaking with a number of municipalities, all were charging a fee for the program.
MOTION #198 Councilman Pastore moved to APPROVE ESTABLISHING A FEE FOR THE REVIEW OF STORMWATER POLLUTION PREVENTION PLANS FOR SOIL DISTURBANCES OF LESS THAN 1 ACRE IN THE AMOUNT OF $100.00 PURSUANT TO THE RECOMMENDATION OF THE STORMWATER MANAGEMENT OFFICER. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Opposed |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Opposed – “I think the Town can absorb this rather than imposing a fee”. |
Supervisor Runion |
Aye |
Item # 4 on the agenda concerned setting a public hearing for building code violation in regard to premises at 4646 Western Turnpike, tax map # 26.00-4-4.
Rodger Stone, Zone Code Enforcement Officer read a memo stating that this building and various out building on the property were in a severe state of disrepair and are regarded as unsafe due to a lack of structural integrity. Several letters and appearance tickets were issued and no communication was forthcoming from the property owner.
MOTION #199 Councilman Pastore moved to SET A PUBLIC HEARING FOR BUILDING CODE VIOLATIONS IN REGARD TO PREMISES AT 4646 WESTERN TURNPIKE, TAX MAP # 26.00-4-4 ON JANUARY 19, 2010 AT 8:30 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 |
Item #5 on the agenda concerned the continuation and update from the Zoning Enforcement Officer re: clean up of 3600 Western Turnpike.
Rodger Stone, Zone Code Enforcement Officer, gave the Town Board and update regarding the clean up of the property. He stated that they were waiting for the engineer’s report.
Councilman Pastore asked if Mr. Stone noticed progress being made. Mr. Stone stated that he did see progress but not enough.
Mr. Belardo, resident, stated that he still had concerns with the run-off from the property onto his. He further stated that the promises that were made to him about clean-up had not been followed through with. This has been an ongoing problem.
Mr. Stone stated that Mr. Ciembroniewicz would be repairing the driveway to stop this drainage along the west side of the property. He explained that the engineer’s report will be addressing a number of issues relative to the run-off and the placement of the crusher.
Supervisor Runion stated that if the engineer’s report is not made available by January 19, 2009, the Town will issue and order for a clean up.
He stated that they should know the location of the crusher.
Item tabled until January 19, 2010
Item #6 on the agenda concerned setting a public hearing on a proposed local law to establish Drainage Districts and to set a fee for their maintenance.
Supervisor Runion stated that there were several subdivisions that have been looking for zoning changes. Part of the issue has been storm drainage.
An engineer had been sent out to look at some options for proposed drainage districts and to come up with a fee.
Councilman Grimm asked if this would apply to all future developments.
Supervisor Runion stated that it would.
Councilman Redlich asked about Glassworks Village and whether they would be impacted by this.
Supervisor Runion stated that he did not believe they would as they have already been approved and that they may not have a drainage district that would have to be maintained such as with the other subdivisions that had come before the Board.
Councilman Redlich questioned the verbiage of the proposed drainage district and fee.
Supervisor Runion asked Councilman Redlich to sit down with the Town Attorney and discuss clarification of the language.
Tabled until January 19, 2009.
MOTION #200 Councilwoman Slavick moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR THE GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $416,739.15. 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 concerned authorizing the Supervisor to sign a Municipal Cooperation Agreement with the City of Watervliet and the Capital District Planning Commission for a study into the feasibility to jointly finance, build and operate the Watervliet Reservoir and Water Treatment Plant.
Supervisor Runion stated that the Board had previously authorized working with the City of Watervliet to apply for a grant, which was received, in the amount of $50,000. He further stated that $5,000.00 that was not covered by the grant would be split between the two municipalities. Wording to that effect would be inserted into the agreement.
MOTION #201 Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN A MUNICIPAL COOPERATION AGREEMENT WITH THE CITY OF WATERVLIET AND THE CAPITAL DISTRICT REGIONAL PLANNING COMMISSION FOR A STUDY INTO THE FEASIBILITY TO JOINTLY FINANCE, BUILD, AND OPERATE THE WATERVLIET RESERVOIR AND WATER TREATMENT PLANT. 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 #202 Councilwoman Slavick moved to SET A PUBLIC HEARING FOR REQUEST BY GADE FARM, LLC TO RE-ZONE PREMISES LOCATED AT 2492 WESTERN AVENUE (TAX MAP # 39.12-2-23) FROM R-20 TO AGRICULTURAL ON JANUARY 19, 2009 AT 7:30. 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 #203 Councilwoman Slavick moved to SET THE DATE AND TIME FOR THE ORGANIZATIONAL MEETING ON JANUARY 1, 2010 AT 10:00 AM AND TO CANCEL THE JANUARY 5, 2010 REGULAR TOWN BOARD MEETING. 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 #204 Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION AT 9:03 PM FOR THE FOLLOWING PURPOSES:
- Contract negotiations and lease renewal of Western Turnpike Golf Course Clubhouse
- Contract negotiations with the Police Benevolent Association
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 |
Supervisor Runion and the Town Board wished everyone a very Happy Holiday and New Year.
MOTION #205 Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN A FIVE (5) YEAR LEASE AGREEMENT WITH A FIVE (5) YEAR RENEWAL AT $75,000.00 PER YEAR FOR WESTERN TURNPIKE GOLF COURSE CLUBHOUSE. 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 #206 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 10:47 PM. Councilwoman Slavick seconded the motion and it was carried by t he following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #207 Councilman Redlich moved to ADJOURN THE DECEMBER 15, 2009 TOWN BOARD MEETING AT 10:47 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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