REGULAR TOWN BOARD MEETING MARCH 16, 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 accepting the minutes of the March 2, 2010 Town Board meeting.
MOTION #43 Councilman Pastore moved to ACCEPT THE MINUTES OF THE MARCH 2, 2010 TOWN BOARD MEETING. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Abstained |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
PUBLIC COMMENT PERIOD: No public comment
AGENDA ITEMS:
Agenda item #1 concerned the request of State Farm Utility Corporation to borrow money from a commercial lender to conduct an engineering study on private sewer system within Presidential Estates.
Supervisor Runion stated that State Farm Utility Corporation operates the last remaining sewer district in Guilderland known as the State Farm Sewer Area encompassing the lands of Presidential Estates (homes and townhouses), Heritage Village Apartments, Colonial Woods, Farnsworth Middle School and the Guilderland School District Office. He further stated that some of the pipes were deteriorating and problems were discovered in September of 2009 causing backflow of sewer sludge, which went into some of the basements in Presidential Estates.
This caused discussions between the Town and State Farm Utility Corporation about conducting an engineering study, bringing the sewer pipes up to Town specifications, and eventually turning the system over to the Town.
The present homes and establishments which are serviced by the system have a favorable rate. The Town would be looking at increasing the rates in order to proceed with the work that needed to be done.
Steven Strong, President of State Farm Utility Corporation, stated that the borrowing of $80,000 would be secured by the Corporation and would not be an obligation of the Town.
The first step in the process would be to obtain the funds necessary for paying the engineering firm of Barton & Logiudice, Trinity Construction (for the emergency repairs) and miscellaneous televising and Town billings. He further stated that the Corporation would not borrow more than is needed
He was asking for approval to borrow for these endeavors.
Supervisor Runion clarified that the Corporation had to come before the Town because of a contractual obligation to do so. The agreement requires that the pipes be brought up to Town standards before the transfer of ownership can be made.
He further stated that the residents were currently paying $125.00 per year; the town wide rate is around $300.00 per year. These residents would eventually be paying the Town rate.
He stated that there would be a phase in of the rate over the next several years in order to generate a fund balance that would be used to fund the repairs needed to bring the system up to date.
David Freeman, Vice President of the Neighborhood Association, stated that there was overwhelming support for the project from the 70 + homes that responded. He thanked Supervisor Runion, Bill West, Superintendent of Water and Wastewater Management, and Steven Strong for their help throughout the process.
He further stated that they were looking for the Board’s support.
Councilman Grimm asked if the Association members were ok with the rate increase. Mr. Freeman stated that the neighbors did not consider this to be an issue.
Councilman Grimm asked what the residents would be getting for the rate increase.
Supervisor Runion stated that the pipes would be either relined or replaced.
Discussion was held regarding the cost of repairing the pipes by the Association.
Councilman Redlich asked what the other parties paid in fees.
Mr. Strong broke down the amounts.
Councilman Redlich asked when the apportionment was determined.
Mr. Strong stated it was a number of years prior.
Councilwoman Slavick asked what the repayment period would be and Mr. Strong stated it would be 5 years.
Councilman Redlich asked if all of the other involved entities had been contacted.
Mr. Strong stated that they were not involved in the rate increase. The other entities are not involved in the debt.
If the Town gives permission, the Corporation will do a study for information during the spring rainy season when water tables are high. If approval is not granted, it is possible that the report will not be finished for another year.
Mr. Strong stated that the borrowing would not exceed the $80,000.00.
Further discussion was held regarding funding and operation costs and the phasing in of rate increases. Documents are available in the Town Clerk’s Office.
MOTION #44 Councilman Grimm moved to APPROVE THE REQUEST OF STATE FARM UTILITY CORPORATION TO BORROW MONEY FROM A COMMERCIAL LENDER TO CONDUCT AN ENGINEERING STUDY ON A PRIVATE SEWER SYSTEM WITHIN PRESIDENTIAL ESTATES. 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– “I would like to thank the Association people for coming tonight. One of the concerns that I had was to hear what you thought about what was about to happen and because the Association is clearly behind it, based on the information that I received from their representative. The bottom line is you have a problem and it is our job to help fix it and I think this is an important step in that direction, so I vote in favor.” |
Supervisor Runion |
Aye– “I want to thank the Homeowner’s Association because I think that they, with Mr. Strong, recognize that there is a serious problem within the Presidential Estates Subdivision in connection with their sewer treatment system. The want to cooperate with the Town in whatever way possible to ensure that the Town can legally and expeditiously take over the sewer line within their subdivision and they are willing to bear the expenses as well, so I appreciate that.”
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Presentation of the Guilderland Hamlet Neighborhood Master Plan.
Mike Welti, John Behan & Associates presenting:
Mr. Welti stated that they had worked with a very committed group of volunteers and other entities interested in the process.
He further stated that this is one of the studies that come out of the Town’s Comprehensive Plan.
Issues of concern consisted of transportation, trucks going to the Northeast Industrial Park and the school buses, traffic speed, certain intersections that generated concern, as well as a sidewalk system, which had funding available to the Town, and traffic calming techniques.
This study laid the groundwork for work that would be necessary and also made recommendations for land use for parks and recreation.
They also spoke about how development could be done in a manner that would extend the strong character of the Hamlet and create a positive addition to the Hamlet.
Certain priorities were set such as requiring a partnership with the private sector, with other agencies such as Albany County and New York State. Also, cost estimates were provided.
Supervisor Runion thanked Behan & Associates, CDPC and the Town resident’s who participated in the process and the volunteer committee.
The obligation of the Board would be to adopt the Plan.
A number of questions from the Board were asked relative to playgrounds, traffic calming devices such as a roundabouts and the cost for the roundabout.
Councilman Grimm asked about the “right of way” space issue for sidewalks and bike paths.
Mr. Welti mentioned that there would not be any widening of the lanes but they would be working on measures to slow down traffic and working with the landowners for right of way and sidewalk issues.
He stated that safety of the intersection is one of the main concerns. Further discussion was held regarding traffic safety measures and traffic calming devices.
Further discussion was held regarding the document.
MOTION #45 Councilwoman Slavick moved to ACCEPT THE GUILDERLAND CENTER NEIGHBORHOOD MASTER PLAN AS FILED. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye– “I would like to thank all the parties that were involved in the study. This is an example of collaboration between government, residents and consultants. I did attend the two meetings up in Guilderland Center and the residents did have a lot of good input, which I see has been reflected in the Plan. Thank you for incorporating all of that.” |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye-“I just want to compliment you on the document. It is plain English, it’s not written in ‘engineerese’. I would encourage residents to go to the Town web site to read it because it lays out what our options are and it is very helpful.” |
Supervisor Runion |
Aye– “I want to thank the consultant, all of the committee members who did a great job, the residents who attended the meetings and expressed a sincere interest in their community. I think it is a very good, well drawn report, and I think it is something that the Town and the residents can rely on in the future. |
BREAK: 8:52
RETURN: 9:02
MOTION #46 Councilwoman Slavick moved to APPROVE AUTHORIZING TWO HOUSEHOLD HAZARDOUS WASTE DAYS (MAY 22, 2010 AND SEPTEMBER 11, 2010) AND AUTHORIZE THE TOWN PARTICIPATION IN ELECTRONICS COLLECTION DAY ON APRIL 24, 2010. 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 #47 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SUBMIT AN APPLICATION FOR A GRANT TO NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR FINANCIAL ASSISTANCE FOR TOWN HOUSEHOLD HAZARDOUS WASTE DAYS.
RESOLVED,
WHEREAS, THE STATE OF NEW YORK PROVIDES FINANCIAL AID FOR HOUSEHOLD HAZARDOUS WASTE PROGRAMS; AND
WHEREAS, THE TOWN OF GUILDERLAND DEEMS IT TO BE IN THE PUBLIC INTEREST AND BENEFIT TO FILE AN APPLICATION UNDER THESE LAWS; AND
WHEREAS, IT IS NECESSARY THAT A CONTRACT BETWEEN THE PEOPLE OF THE STATE OF NEW YORK (“STATE”) AND THE TOWN OF GUILDERLAND (“MUNICIPALITY”) BE EXECUTED FOR SUCH STATE AID; THEREFORE
THE TOWN BOARD OF THE TOWN OF GUILDERLAND HEREBY AUTHORIZES THE FILING BY SUPERVISOR KENNETH RUNION OF AN APPLICATION WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR GRANT ASSISTANCE IN THE AMOUNT OF $40,225.00 AGAINST A TOTAL PROJECT BUDGET OF $80,450.00 FOR THE CONDUCT OF TWO HOUSEHOLD HAZARDOUS WASTE DAYS (MAY 22nd AND SEPTEMBER 11TH) BY THE MUNICIPALITY AND FOR THE MUNICIPALITY’S PARTICIPATION IN THE COUNTY – WIDE ELECTRONICS COLLECTION DAY (APRIL 24TH), AS WELL AS FOR SIGNING OF A CONTRACT ON BEHALF OF THE MUNICIPALITY IF SAID APPLICATION IS APPROVED BY THE STATE.
THE MUNICIPALITY AGREES THAT IT WILL FUND THE ENTIRE COST OF SAID HOUSEHOLD HAZARDOUS WASTE PROGRAM AND WILL BE REIMBURSED BY THE STATE FOR THE STATE SHARE OF SUCH COSTS.
THIS RESOLUTION SHALL TAKE PLACE IMMEDIATELY.
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 # 48 Councilman Redlich moved to APPROVE AWARDING THE BID FOR YARD WASTE GRINDING AND REMOVAL FROM THE TRANSFER STATION TO SM GALLIVAN, LLC FOR $4.23 PER YARD. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Abstained |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item # 6 on the agenda concerned setting a public hearing on request of the Michaels Group to amend Local Law #1 of 1993, Mill Hill Subdivision, to change the number of residential units from 24 townhouses and 88 condos to 74 townhouses.
To date, the assisted living center (Atrium) has been completed as well and the Stewarts convenience store.
Phase I and II of the approved PUD (local law #1 of 1993) contained 24 townhouses and 208 multi unit dwellings. By a later amendment, (local law #5 of 2006) this was further reduced to 24 townhouses and 88 condos. The Michaels Group would like to amend the law again to lower the density and remove the condos for a final count of 74 townhouses.
They do not want to change the 55 year old age restriction.
The applicant will still have to come before the Planning Board to amend the final approved site plan.
Donald Zee, attorney for the applicant, explained the changes requested.
Eric Wilson presented the plan renderings of the town homes for the Michaels Group.
Councilman Redlich asked if the total square footage would be changing and Mr. Wilson stated that it would. Mr. Wilson stated that there would be a reduction in the square footage of living space and they would be around 1400 to 2100 square feet.
Supervisor asked the projected cost of the units and Mr. Wilson stated it would be around high $200,000 to mid $300,000.
All of the units have full basements.
MOTION #49 Councilman Redlich moved to SET A PUBLIC HEARING ON REQUEST OF THE MICHAELS GROUP TO AMEND LOCAL LAW 1 OF 1993, MILL HILL SUBDIVISION, TO CHANGE THE NUMBER OF RESIDENTIAL UNITS FROM 24 TOWNHOUSES AND 88 CONDOS TO 74 TOWNHOUSES ON APRIL 6, 2010 AT 7:30 PM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #50 Councilwoman Slavick moved to SET A PUBLIC HEARING FOR WATER DISTRICT EXTENSION #78 (GRANT HILL ROAD) AND AUTHORIZING THE SUBMISSION OF THE JOINT APPLICATION FOR A PUBLIC WATER SUPPLY PERMIT TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON APRIL 6, 2010 AT 8:00 PM. 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 #51 Councilwoman Slavick moved to SET A PUBLIC HEARING ON WATER EXTENSION #77 (MAT FARMS SUBDIVISION) AND AUTHORIZING THE SUBMISSION OF THE JOINT APPLICATION FOR PUBLIC WATER SUPPLY PERMIT TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON APRIL 6, 2010 AT 8:15 PM.
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item #9 on the agenda concerned authorizing the expenditure of $183,500 from the water reserve funds for the replacement of a water line on Fuller Road as part of Albany County Fuller Road construction project.
Bill West, Superintendent of Water and Wastewater Management explained that this project was to replace a water line that was put in 1948, constructed of asbestos cement, situated on the west side of Fuller Road, which would be significantly impacted by the County’s reconstruction. It would require less money if done as part of the County project. The Town would be paying a unit cost per foot.
MOTION #52 Councilman Redlich moved to AUTHORIZE THE EXPENDITURE OF $183,500 FROM THE WATER RESERVE FUND FOR THE REPLACEMENT OF WATER LINE ON FULLER ROAD AS PART OF ALBANY COUNTY FULLER ROAD RECONSTRUCTION PROJECT. 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 # 10 on the agenda concerned entering into Executive Session with regard to contract negotiations with the Police Benevolent Association.
Councilman Redlich asked if there would be a vote or just discussion
Councilman Grimm asked why this wasn’t included in their packets.
Supervisor Runion stated that the addition of this item was an accommodation of the Police Benevolent Association. It was a continuation of the discussion that was held in a prior Executive Session sometime in November or December of last year.
Councilman Redlich stated that he had no objection to entering into Executive Session if they were just going to talk, but that if they were going to vote on something that would cost hundreds of thousands of dollars that would require greater notice.
Supervisor Runion stated that the item was added for purpose of discussion. He further stated that if the Board wanted more time as to whether they wanted to enter into Executive Session to continue to discuss contract negotiations.
Councilman Grimm stated that he was anxious for the discussion asked if the delay could have an impact on negotiations.
Supervisor Runion stated that it may. He further stated that the members of the Police Benevolent Association had come to him that morning asking if he could place this item on the agenda.
Councilman Grimm stated that he would be in favor of Executive Session to discuss the item but that more notice should have been given to the Board.
Supervisor Runion reiterated that the members of the Police Benevolent Association had come to him that morning asking if he could place this item on the agenda, he stated that he would, as it was a continuation of the negotiations from a prior Executive Session but that he would table the item if the Board felt that they had not been given sufficient notice.
MOTION #53 Councilman Grimm moved to ENTER INTO EXECUTIVE SESSION AT 9:35 PM TO CONTINUE DISCUSSION WITH REGARD TO CONTRACT NEGOTIATIONS WITH THE POLICE BENEVOLENT ASSOCIATION. Supervisor Runion seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye–With the understanding that there will only be a discussion and no vote.” |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #54 Councilman Redlich moved the to EXIT EXECUTIVE SESSION AT 10:28 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 #55 Councilman Redlich moved to ADJOURN THE TOWN BOARD MEETING AT 10:30 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 |
Respectfully submitted,
Rosemary Centi, Town Clerk
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