ALTAMONT — The village has reached a settlement in a lawsuit with Guilderland landowners who questioned the validity of contract they had signed to sell five acres to Altamont for a new well for the water system.

For $225,000, Michael and Nancy Trumpler have agreed to sell the village the original five acres for the well, plus 32 adjacent acres to be preserved for Michael Trumpler’s lifetime. The Trumplers had objected to Altamont’s plans to give water to a developer outside the village—a moratorium had been in place—and also had procedural concerns.

After an executive session at the village board meeting Tuesday night, the board authorized the mayor to sign the settlement.
Altamont Mayor James Gaughan said the village is "pleased with the amicable agreement."
"I’m looking forward to moving forward and putting this behind us," Gaughan said.

Looking to expand its overtaxed water system, Altamont, in March of 2004, agreed to a purchase option with the Trumplers for five acres of their land on Brandle Road, just outside the village. Several months earlier, the village’s engineers had identified the area along Brandle Road as the best source of water. Then-mayor Paul DeSarbo signed a contract with the Trumplers stating the village could buy the piece of land, not to exceed five acres, for $25,000—roughly $5,000 an acre. The new agreement is for roughly $6,000 an acre.

In April of 2005, however, the Trumplers filed papers in Albany County Supreme court, seeking to get out of the contract and asking for a judge to rule on its validity. The Trumplers objected to Altamont’s plans to give water to developer Jeff Thomas, outside the village. The amount of water available to the village’s own residents is insufficient, the Trumplers argued, and their intent had been for the water to go to the village.

Thomas has proposed a 72-unit senior-housing complex, also on Brandle Road, to draw water from the village.

The Trumplers didn’t sue for any money.

The village responded by filing counterclaims against the Trumplers for tens of thousands of dollars, citing litigation costs, among other expenses. Thomas, in June, sued the Trumplers for $17 million, claiming interference.

Thomas told The Enterprise Wednesday that, with the village’s settlement, he’s reached a settlement of his own with the Trumplers. He’s dropping the suit.
"With none of the obstacles there, we can discontinue our lawsuit," Thomas said. "We’ll be provided water as soon as the well is on-line."

The Trumplers’ lawyer, Michael Englert, was not available for comment Wednesday.

The settlement
According to the settlement, the village will hold a 20-foot permanent easement on the Trumplers’ property, from Brandle Road to Route 146 for "maintaining and repairing underground Village utilities."

The additional 32 acres, Gaughan said, was offered by the Trumplers. It was accepted by the village because it will protect the water source, Gaughan said.
"This, in effect, now provides for a large buffer zone for us," he said.

The settlement forbids the development or subdivision of the 32 acres during Mr. Trumpler’s lifetime.
"The life estate shall be restricted so as to preserve the property as open space in its natural state," the settlement reads.
"Once the life estate is completed, this is something we could use for purposes not yet thought out," Gaughan said.

In the meantime, the Trumplers are allowed to continue farming the land, the settlement says. They currently live on the acreage.

Once the village closes on the Trumplers’ property on April 25, Gaughan said, the village can go ahead with the project to expand its water system.
"We’re going to move very forward, very fast," Gaughan said.

Other business
In other business at its April 4 meeting, the Altamont Village Board:

—Held a public hearing on and unanimously approved a $1.09 million budget for the next year. It’s a slight increase over last year’s $1.087 million budget.
"We are on target to keep taxes level with no increases," Gaughan said. The village is still calculating the estimated effect the budget will have on property taxes, Gaughan said.

Money budgeted for salaries for village employees went up 2 percent.

No residents commented on the budget during the public hearing;

—Announced that the comprehensive planning committee is circulating surveys throughout town and on the village’s website. About 900 have already been distributed by Boy Scouts, said Trustee Dean Whalen, committee chair.
"We really want everyone to have the opportunity to take part in this survey," Whalen said.

The committee is holding the first community-wide planning workshop on Saturday, from 10 a.m. to noon in Village Hall; and

—Held the yearly reorganizational meeting. Among the appointments, Kate Provencher was reappointed to the zoning board and Elaine Van De Carr was reappointed to the planning board. Each will serve until 2011.

Key Bank was named the official bank and The Altamont Enterprise was named the official newspaper.