Gop Land Swap Memo

GUPTILL LAND SWAP DEAL

SUMMARY: We are alerting town residents of an important transaction that is not too late to stop. Town Supervisor Paula Mahan has been working on a land deal swap with Guptill Holding Corporation, which owns a former sand and gravel mine on Pollack Road. Under the deal, the Town would give Guptill ownership of up to 66 acres of valuable Town­ owned land along the Mohawk River in exchange for allowing the Town to cross Guptill's property on Pollack road with a new water line. Guptill would also convey wetlands, known at the "kettle bog", on his existing property to the Town. The key issues are: y y y y y y y y

The land swap was NOT necessary to complete the new water line project The Town could have acquired the easement needed for the water line through eminent domain There has been no public hearing regarding this land swap There has been no neighbor notification of this deal or its term and conditions No environmental analysis has been done This land swap opens the door to mining and or development of this river front property which residents have fought against for years The Town will not benefit financially by this deal and in fact, will lose valuable property Supervisor Mahan claims this deal will protect the "kettle bog" wetlands area on Guptill's property, but these environmentally sensitive lands are already protected by state and federal law .

BACKGROUND: The Latham Water District has an agreement with the Albany County Airport Authority to remove the Latham (Checkerboard) Tank and build a new one in Loudonville. The project is being paid for by the airport with, primarily, federal funds. It includes upgrades to water lines. In this case, new pipes wil1 go from the Latham Water Treatment Plant on the Mohawk River up to Sparrowbush Road. The proposed path requires crossing a portion of the Guptill Holding Company former mining property. Other property owners are also affected. The Town has known for years that it will need easements or to acquire the land needed to place the pipes. THE RESOLUTION: The Town passed a resolution on August 6,2009 (see copy) for the Town of Colonie to swap land with the Guptill Holding Corporation. The Guptill land is needed by the Town's Latham Water District for its new pipes. The resolution does not identify

any agreement between the Latham Water District (a special district with its own set of books, revenues and expenditures) and Guptill or the Town of Colonie.

DISCUSSION OF THE ISSUES: 1) TOWN TO LOSE AS MUCH AS 66 ACRES. The resolution states, at Section 1, that Town Supervisor, Paula Mahan, "is authorized to enter into agreements to covey all or a portion of real property owned by the Town of Colonie located at 200A Onderdonk Road" for 9.29 acres of Guptill Holding Corporation land. No. 200A Onderdonk Road is 66.9 acres in size. The resolution places no limit on the loss to the Town. 2) PROTECTED TOWN LAND - NOW SUBJECT TO DEVELOPMENT When you travel the bike path or the Mohawk River and look to the south at the hillside behind the sewage treatment plant, you see the land in question. Town ownership insures its protection from commercial development. In fact, the Town originally acquired the parcel through eminent domain for "public purposes" in the 1970s. Under this land swap deal, Guptill Holding Corporation will be able to use any part of the 66 acres it receives for private purposes, including housing developments or potentially for mining. Also, these lands are rich with gravel and adjoin the gravel mine that Guptill Holding Corporation wants to reopen.

3) NO ENVIRONMENTAL ANALYSIS WAS DONE State law requires that the impact on the environment be fully analyzed whenever the Town sells any of its land. The resolution states that the airport did an environmental analysis of the water tank project. That is true, but that report does not cover this deal. No land swap with the Town is identified in such report. Further, the report, if it considered these matters at all, contemplated straight purchases or acquisition by eminent domain of only the land needed for the water line. Remember, this transaction puts prime property in private hands, but every community-based study for the Mohawk River corridor says the land along the river should be preserved. Further, this land provides an important buffer around the Town's wastewater treatment and drinking water plants and the surrounding neighborhoods

4) COLONIE TAXPAYERS LOSE. If Latham Water District bought the Guptill property or acquired it by eminent domain, the airport would reimburse the district. However, by doing a land swap, the Latham Water District incurred no costs. Thus, there is no reimbursement. Meanwhile, the Town of Colonie taxpayers lose valuable acreage with no corresponding benefit.

5) THE EASEMENT OR LAND NEEDED SHOULD BE PURCHASED The easement or land needed by the Town from Guptill Holding is along the edge of its property. However, the resolution identifies the area as a "wetland", and it includes a "kettle bog", all of which are environmentally sensitive and not all of which is needed for the water line. As environmental rules, zoning set back laws and mining reclamation rules apply to this land, the bog will likely never be developed and, therefore, has very little value. The Latham Water District should just pay the Guptill Corporation the fair market value for an easement over its land, and then seek reimbursement from the Airport Authority. Guptill would receive market value for its loss and Colonie residents will not lose any public lands. 6) IF THEY WON'T SELL, USE EMINENT DOMAIN The town has known for years it will need an easement or this land. Nevertheless, the eminent domain process has an expedited procedure when a municipality needs land and time is of the essence. A judge can give the water district access to the property and the two sides can then argue about the value of the land, if they can't agree. The Town utilized eminent domain to acquire access for the water line across other private property on Pollack Road and should have exercised that same option on the Guptill portion.

7) MORE INFORMATION IS NEEDED

The 66 acre Town plot was purchased as part of a condemnation proceeding. Papers filed in 1974 indicate the land was needed for public purposes. How can it be given to a private developer? Why can't the Latham Water District only acquire easements needed for its pipes on Guptill's land? The pipes barely cross the Guptill property and the landed needed by the Town for the proj ect is less than one acre. And, why would the Town want 9 acres of wetland and bog which are already protected by NYS statutes? The land parcel being conveyed to Guptill has gravel. Is the Town being compensated for it? Guptill Holding Corporation used to mine its property and has been lobbying for zoning changes to permit mining again. 8) A PUBLIC HEARING SHOULD BE HELD The resolution mentions maps of the land the town is about to lose, but none were filed with the Town Clerk. It refers to appraisals which were not yet completed. It has no legal descriptions in it. However, it gives Supervisor Mahan the ability to give away 66 acres of Town land without public input. A public hearing should be held IMMEDIATELY. All ofthe information should be brought forth and the public should be permitted to comment on this proposed loss ofland; land the Town has owned and protected since the 1970s.