REGULAR TOWN BOARD MEETING FEBRUARY 2, 2010
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 approving the minutes of the January 19th, 2010 Town Board meeting.
MOTION #31 Councilwoman Slavick moved to APPROVE THE MINUTES OF THE JANUARY 19th, 2010 TOWN BOARD MEETING. Supervisor Runion seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Abstained |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Abstained |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Public Comment Period:
Dr. Donald Reeb, Norwood Street, said,
“I just wanted to commend the Board especially Mr. Runion on the Mckownville Park. It is a marvellous facility and it is a very enjoyable walk.
For those of you who haven’t done it yet please do. It is a wonderful thing that the Town was able to do this even in the midst of one of the worst recessions this country has seen in its 200 some years of existence. I commend you for being able to do, it for getting it done.
I would also like to commend those who also aided it, Todd Gifford, Town Superintendent of Highways, Delaware Engineering, the State Department of Transportation, Assemblyman Jack McEneny, Town Employees such as Don Csaposs who guided it through, Ed Swire of Stuyvesant Plaza and the NYS Parks Department. I would like to include them all and thank you very much for doing this.
You should be very proud of yourselves that you were able to do this in the economic difficulties that we have.”
Supervisor Runion stated that with all of the snow and melting that had occurred, the reservoir held up very well and that there wasn’t any flooding.
Carolyn Williams, Siver Road read a statement:
“The Guilderland residents who have either attended, watched or read about the January 19th Town Board meeting saw party politics prevent the Town serving the interests of the community.
With one Board member absent for cause, Councilman Redlich and Councilman Grimm made the decision to abstain on a vote to obtain a court-ordered appraisal to assist in determining an appropriate appraisal of Metro Diner. Their vote prevented the Town from presenting an independent appraisal for the March 1 court determination.
Depending on the judge’s decision, the Town and School may have to refund $72,583.00 of tax revenue. This lost revenue will significantly impact Town and even more, school taxes.
Councilman Redlich claimed they did not have enough information to vote. If true, this was totally their fault. The agenda was available for several days before the Board meeting. Any councilman may contact any department head for more information on any topic either by phone, e-mail or appointment. They chose not to do so. In addition, both Councilman Redlich and Councilman Grimm were, and still are, liaisons to the Town Assessor’s Office.
If they had been fulfilling their responsibility as liaisons they would have had the knowledge of this ongoing litigation and all the information necessary for a Town Board member to cast a vote.
Councilman Redlich and Councilman Grimm made no effort to come to the meeting prepared. They chose not to fulfill their responsibility to serve the community.
As a result of this dereliction of duty, the Town and the Guilderland School District may lose not only the $72,582.00, but also the future tax revenue as a result of a reduced assessment.
I do not know who Councilmen Redlich and Grimm were serving but it is certain that it was not the residents of Guilderland.”
Agenda Items:
Item #1 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 Pine Bush Preserve management.
Supervisor Runion stated that the issue had been before the Board at the December 15, 2009 meeting. Notices had been sent to residents within a 1000’ of the property and it had been published in the Altamont Enterprise.
Chris Hawver, Executive Director of Albany Pine Bush Commission, explained the history of the Pine Bush Preserve. He said that it had been set up by Article 46 of the Environmental Conservation Law in 1988 by the Legislature to protect lands of the Albany Pine Bush. The law also created the Commission, which is charged with overseeing the management and protection of the preserve 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 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 clarified that a lot of the land was near DiCaprio Park but the soccer fields were not part of this.
Further discussion was held regarding what could be done on the property, such as trails.
Councilman Redlich stated that he had not heard any negative comments on the issue and asked if anyone had. No one had.
Supervisor Runion stated that DiCaprio Fields would not be a part of this parcel.
MOTION #31 Councilman Redlich moved to APPROVE ADOPTING THE FOLLOWING RESOLUTION DEDICATING 191 ACRES OF LAND OWNED BY THE TOWN OF GUILDERLAND TO THE ALBANY PINE BUSH PRESERVE COMMISSION FOR PURPOSES OF PRESERVE MANAGEMENT.
WHEREAS, The Town of Guilderland is a member of the Albany Pine Bush Preserve Commission , has recognized and supported the protection of the Albany Pine Bush, and owns several areas of western Pine Bush lands northeast and southwest of Lydius Street totalling 191 +/- acres.
WHEREAS, Pursuant to Article 46 of the New York State Environmental Conservation Law (ECL), the Town Board, as local legislative body for the Town of Guilderland, is thereby authorized to dedicate public lands to the Albany Pine Bush Preserve for the purpose of the land’s protection and management.
WHEREAS, dedication does not transfer ownership but provides the Albany Pine Bush Preserve Commission with authority for the management, custody, and control, including the authority to perform fire management and other habitat management of dedicated properties, pursuant to Article 46 of the New York State Environmental Conservation Law.
WHEREAS, dedication provides for the enforcement of the Rules and Regulations of the Albany Pine Bush Preserve by the New York State Department of Environmental Conservation (6 NYCRR Part 648 Public Use of the Albany Pine Bush Preserve).
WHEREAS, it is the intention of the Albany Pine Bush Preserve Commission to accept this dedication as per Section 46-0107 of Article 46 of the New York State ECL.
WHEREAS, Pursuant to Article 46 of the ECL, the Albany Pine Bush Preserve Commission is guided by a formally adopted Management Plan for the protection and management of the Preserve, which consists of land dedicated for the protection and management of the unique pitch pine-scrub oak barren, vernal pond, and sand dune communities and associated rare plant and animal species, and has implemented a program of protection, biological management, research, recreational and educational use as part of that plan.
NOW, THEREFORE BE IT RESOLVED, that the Town of Guilderland Town Board hereby dedicates the following parcels situated in the Town of Guilderland, New York, and identified on Schedule “A” attached hereto and made a part hereof, for management, custody, and control by the Albany Pine Bush Preserve Commission to be managed as specified by the Albany Pine Bush Preserve Management Plan and other plans completed by the Preserve Commission for the purpose of maintaining and restoring the unique flora and fauna of the Albany Pine Bush and in order to assure coordinated and consistent management that provides appropriate educational, scientific and recreational uses consistent with the goals of protecting and managing the unique ecological features of the dedicated lands.
Schedule A Map ID # Tax Map ID# Acres
A 27.12-1-32 25+/-ac.
B 28.00-3-3 portion 82+/-ac.
C 28.00-2-1.6 28+/-ac.
D 28.00-3-8.1 portion 56+/-ac.
Councilman Grimm 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 #32 Councilman Redlich moved to AUTHORIZE THE HIGHWAY SUPERINTENDENT TO GO OUT TO BID FOR VARIOUS ITEMS USED BY THE DEPARTMENT DURING THE 2010 CALENDAR YEAR. 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 #33 Councilwoman Slavick moved to AUTHORIZE THE SUPERINTENDENT OF THE TRANSFER STATION TO GO OUT TO BID FOR THE GRINDING AND REMOVAL OF YARD WASTE FOR THE YEAR 2010. (Budgeted item) 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 |
Councilman Grimm stated that at the last board meeting there had been a proposal for an appraisal for the Metro Diner and there were insufficient votes to pass the proposal. He further stated that there were two abstentions because he and Councilman Redlich felt that they had not been provided sufficient information. Subsequent to the meeting, Councilman Grimm stated that he had done research with a number of professional appraisers and had come up with another proposal that was lower than the other.
He stated that he had shared the information with the Board.
Supervisor Runion stated that the other members of the Board had not received the information as it had been sent late in the day by e-mail.
Because this was not part of the agenda, he asked that Councilman Grimm make a motion to add it to the evening’s agenda.
MOTION #34 Councilman Grimm moved to ADD AN ITEM TO THE AGENDA REGARDING A PROPOSAL FOR APPRAISAL SERVICES. Councilman Redlich seconded the motion and it was defeated by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Abstained – Stated, “I am going to abstain because I have not received this information, I haven’t seen the appraisal.” |
Councilman Pastore |
Abstained – Stating, “I am going to abstain. I was not here at the last meeting and did not receive the items.” |
Councilman Grimm |
Aye – Stated, “Of course I am in favor of the motion. We have an appraisal for the Metro Diner that is less than the appraisal that was recommended by Mr. Runion at the previous meeting. If this appraisal was adopted it both would save the Town money and it would be available for March 1st. So this is a more positive alternative to what was proposed at our last meeting and obviously it is good for the Town.” |
Supervisor Runion |
Abstained – Stated, “First I want to clarify a couple of things. I received the email when I came into my office this evening. The email was sent sometime around or after 4:00 pm this afternoon. Secondly, I did take a quick glance at it and saw that it was dated January 31st, so it has been available to Mr. Grimm for several days and to share it at the last minute is unfair to Board members, particularly Councilwoman Slavick who doesn’t have the ability to look at emails until she gets home later in the evening and Councilman Pastore as well. A quick glance at it did not indicate to me that it was any less or that we could prove that it was less than the other appraisal. There was a $500.00 difference. However, I noticed that there were some additional expenses that were attached to the appraisal estimate including a higher charge for trial preparation, and also for trial testimony. A charge of $140.00 per hour to review the opposing party’s appraisal and also the estimate called for travel expenses which were not called for in the other appraisal that we had, so I don’t know that I can really say that there is a difference. I also find it very unethical, I would say is a good term, to have the Assessor, who has gone out and solicited various proposals and received those proposals, and then after the fact go out and try to undercut those estimates, particularly when that discussion does not take place with the Assessor beforehand.
I find it to be possibly illegal but it certainly not a good practice. Not a practice that I would want to see followed where we could be accused of some sort of collusion between a Board member and a company that is trying to do work for the Town Board or for the Town Assessor and is aware of or possibly aware of what the other estimates are. It would be like us taking bids on office supplies and after we have received all of the bids calling up another office supply dealer and saying, ‘Hey I’ve got a bid here of $5.00 for a ream of paper can you sell it to me for $4.98’? I think it’s unfair, I think it’s unethical and possibly illegal. Based on that, I am going to abstain on the motion as well.” |
MOTION #35 Supervisor Runion moved to ADJOURN THE FEBRUARY 2, 2010 TOWN BOARD MEETING AT 7:49 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 |
No vote |
Supervisor Runion |
Aye |
Respectfully submitted,
Rosemary Centi
Town Clerk
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