REGULAR TOWN BOARD MEETING OCTOBER 19, 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 |
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Councilwoman Slavick |
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Councilman Pastore |
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Councilman Grimm |
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Supervisor Runion |
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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 October 5th, 2010 Town Board meeting.
MOTION #158 Councilman Pastore moved to ACCEPT THE MINUTES OF THE OCTOBER 5TH, 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 -
Chuck Klaer, Meadowdale Road, stated that the zoning committee recommended a cap on Crossgates and substantiated it with language from the Town’s Comprehensive Plan. He asked, in lieu of a series of memos indicating that the committee believed that the Comprehensive Plan recommends that a cap be placed upon Crossgates, how was it that the Board decided to remove the cap and still be in compliance with theComprehensive Plan.?
Supervisor Runion stated what the Board determined was that the zoning law does not provide a cap. There was an attempt to provide a cap in the past and that cap was stricken by the Courts. Under the current law there is no cap. When the zoning committee initially looked at the Town zoning law, they were under the impression that there was a cap.
He further stated that after discussion it was decided that by placing a cap on Crossgates Mall, we could devalue the property. There are also certain restrictions in place, such as parking and other types of setbacks and things of that nature, which would basically limit the size of the Mall without creating an artificial cap.
Councilman Redlich stated that the document that was being referred to as the Comprehensive Plan is neither comprehensive nor a plan. He stated that there is a general zoning scheme in the Town that in going along with the document together may constitute a comprehensive plan in the legal meaning of that term.
Councilman Redlich stated that different board members have different reasons why they do things and to suggest that the Board made a decision together, and all agreed as to why they did it, is misleading.
Mr. Klaer asked what Councilman Redlich would constitute a Comprehensive Plan under Section 263 ofTown Law, if not 272.
Supervisor Runion stated that the Comprehensive Plan and the Town’s zoning ordinance were challenged sometime in the early 2000’s. The challenge was brought by Councilman Redlich and the Courts ruled that the Town did have a Comprehensive Plan.
Mr. Klaer stated that he found nothing in the Marinelli’s court decision that indicated that the Town was prohibited from putting a cap on. The case was lost on procedural ground and not on anything of substance.
He said, “Now that we have, what you and I agree, what constitutes a Comprehensive Plan, and that Comprehensive Plan recommends prohibiting the expansion of Crossgates, it seems to me that reference to that Court case as substantiation for not having a cap, it only is a substantiation that the process that the Town chose, at that time, to cap Crossgates is null and void. There is no indication that if we follow the process to put a cap on Crossgates that we are prohibited from doing that. It would appear, in my mind, that the Comprehensive Plan recommends doing that. So, I am asking you, as you put this law forward, since, in essence, you particularly believe that we have a Comprehensive Plan, what is your substantiation that this law, without a cap, is in compliance with the Comprehensive Plan that you believe we have and
that I believe we have.”
Supervisor Runion said, “As I stated previously there is enough regulation in the zoning law that would limit any type of expansion of Crossgates Mall, probably less than what the cap is that the Committee had recommended. Secondly, I don’t think it takes too much to look at the state of the economy that we have presently in the State and in the United States in general. When you start placing artificial caps upon properties so that they become, possibly non-conforming uses, and if that property owner challenges their assessment, and an assessor reviews the property and the fact that have been caps or limitations placed on it by an artificial cap, they would probably reduce the value of the assessment. I don’t think that we want to get into that at this point in time. I think that the zoning law is
pretty clear with the restrictions that we have on setbacks, parking, green space and things of that nature that limits any further expansion of Crossgates Mall other than for minimal changes such as the Lord & Taylor building becoming Dick’s. There would not be any major expansions, not to the extent that was recommended by the Zoning Review Committee and I don’t think that the Board wants to get into placing an artificial cap, which could risk an appraiser or an assessor saying that the Mall has been devalued.”
Councilman Redlich stated that there could also be a possibility of a legal challenge which could end up costing a lot of money.
Don Reeb, Norwood Street, stated that the stimulus bill has provided DOT Region 1 with funds to put in sidewalks in McKownville on Western Avenue. He thanked Supervisor Runion and the Town Board for their efforts in securing the funds for the project.
PUBLIC HEARINGS:
7:30 PM – Public Hearing pursuant to Section 202 of the Town Law in relation to the Guilderland Sewer Improvement District Budget.
Town Clerk, Rosemary Centi read the legal notice.
Supervisor Runion explained that Section 202 pertained to the principal and interest portion of the roll.
Supervisor Runion also stated that sewer areas are divided into two zones. Zone A consists of areas with sewers already installed and ready for use and Zone B is where the sewer is proposed to be in use within the next five (5)years.
In Zone A, a typical single-family home would pay $80.09 towards principal and interest owed by the sewer district, a decrease of $5.08 from last year.
In Zone B, a typical single-family home would pay $24.19 towards principal and interest, a decrease of $1.16 from last year.
Supervisor Runion asked for comments from the public. No public comment.
MOTION #159 Councilman Redlich moved to CLOSE THE PUBLIC HEARING ON THE SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202 OF TOWN LAW. 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 # 160 Councilwoman Slavick moved to ADOPT THE RESOLUTION AS SUBMITTED, ESTABLISHING THE PRINCIPAL AND INTEREST PORTION OF THE SEWER ASSESSMENT ROLL FOR ZONE A AND ZONE B PURSUANT TO SECTION 202 OF THE TOWN LAW. 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 |
7:45 PM – Approval of Sewer Assessment Roll pursuant to Section 202(a) of the Town Law
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained that this second hearing, pursuant to Town Law 202(a), pertains to the operation and maintenance portion of the Sewer District Assessment Roll. The typical single - family home would pay $220.50 towards operation and maintenance of the sewer system for 2010, an increase of $5.62 from the previous year.
There would be a net increase of .54 for the sewer tax for 2011.
Supervisor Runion asked for public comment. No public comment.
MOTION #161 Councilman Redlich moved to CLOSETHE PUBLIC HEARING ON SEWER DISTRICT ASSESSMENT ROLL PURSUANT TO SECTION 202(a) OF TOWN LAW. 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 #162 Councilwoman Slavick moved to ADOPT THE PREPARED RESOLUTION SETTING THE OPERATION AND MAINTENANCE PORTION OF THE SEWER DISTRICT ASSESSMENT ROLL PURSUANT TO SECTION 202 (a) OF TOWN LAW. 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 #163 Councilwoman Slavick moved to SET A PUBLIC HEARING ON NOVEMBER 16TH at 7:30 PM, 2010 FOR THE ESTABLISHMENT OF WATER DISTRICT EXTENSION NO. 76, “LANDS OF ROTH”. Councilman 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 to SET A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE ZONING LAW AS RECOMMENDED BY THE ZONING REVIEW COMMITTEE IN REGARD TO THE “KEEPING OFCHICKENS” had no action.
MOTION #164 Councilwoman Slavick moved to ADOPT A RESOLUTION AUTHORIZING THE SUPERVISOR TO SUBMIT A GRANT APPLICATION TO THE NYS OFFICE OF PARKS AND HISTORIC PRESERVATION UNDER THE RECREATIONAL TRAIL GRANT PROGRAM.
Resolved,
That the Town Board of the Town of Guilderland hereby authorizes Supervisor Runion to submit on behalf of the Town an application to the NY State Office of Parks, Recreation, and Historic Preservation for $56,640 in state funding under the Recreational Trail Grant Program.
The request is in connection with a project to provide improvements for recreational trails in Guilderland’s parks. The total project budget is $71,400. The local match of 20 per cent of the project will be provided in the form of labor from Town staff.
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 #165 Councilwoman Slavick moved to APPROVE WAIVINGBUILDING PERMIT FEES FOR CONSTRUCTION OF THE GUILDERLAND BABE RUTH CLUBHOUSE IN KEENHOLTS PARK. 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 #166 Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH THE NYS DEPARTMENT OF TRANSPORTATION IN REGARD TO MULTI-MODAL FUNDS FOR DRAINAGE IMPROVEMENTS IN MCKOWNVILLE. 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 |
ye |
MOTION #167 Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION IN REGARD TO CONTRACT NEGOTIATIONS WITH CSEA BARGAINING UNIT B AT 8:24PM. 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 #168 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 9:28 PM. 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 #169 Councilman Redlich moved to ADJOURN THE OCTOBER 19TH, 2010 TOWN BOARD MEETING AT 9:30 PM. 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 |
Respectfully submitted,
RosemaryCenti. Town Clerk
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