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Town Board Minutes 02/07/2006
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 Ricard

                                                            Councilwoman Slavick

                                                            Councilman Bosworth

                                                            Councilman Pastore

                                                            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 17, 2006 town board meeting.



MOTION #51 Councilman Bosworth moved to APPROVE THE MINUTES OF THE JANUARY 17, 2006 TOWN BOARD MEETING AS SUBMITTED BY TOWN CLERK, ROSEMARY CENTI.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye

                                                            Supervisor Runion                 Aye






PUBLIC COMMENT PERIOD- No public comment








AGENDA ITEMS:

Item #1 on the agenda concerned the appointment of Donald Albright as Chief Fire Inspector from the Albany County Civil Service list.



Supervisor Runion explained that due to the re-classification of a number of positions from the non-competitive class to competitive class by Civil Service a number of positions that were in the non-competitive class were now in the competitive class.  The difference being that those positions in the competitive class would have to take a test in order to obtain or hold a position.

Donald Albright has been the Town Chief Fire Inspector for the last eight years.

He took the Albany County Civil Service Test and passed it.

Councilman Pastore asked if there were any other names on the list and Supervisor Runion stated that there was only one name on the list.  There were certain qualifications necessary in order to take the test so not everyone would be able to take it.



MOTION #52 Councilman Ricard moved to APPOINT DONALD ALBRIGHT AS CHIEF FIRE INSPECTOR FROM THE ALBANY COUNTY CIVIL SERVICE LIST.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye

                                                            Supervisor Runion                 Aye

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MOTION #53  Councilman Pastore moved to APPROVE THE REQUEST OF SUPERINTENDENT OF TRANSFER STATION TO HOLD TWO HAZARDOUS WASTE DAYS AT THE HIGHWAY GARAGE ON MAY 13TH, 2006 FROM 8 AM TO 2 PM AND ON SEPTEMBER 23, 2006 FROM 8 AM TO 2 PM AND TO PARTICIPATE IN THE REGIONAL ELECTRONICS DAY HELD IN COLONIE ON APRIL 22, 2006 FROM 7AM TO 1PM.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye

                                                            Supervisor Runion                 Aye

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MOTION #54  Councilwoman Slavick moved to ADOPT

A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE.  TOTAL PROJECT COST IS $70, 044; NEW YORK STATE SHARE IS $35,022.



WHEREAS THE TOWN OF GUILDERLAND



Herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY 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 by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE AID;



NOW, THEREFORE,

BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GUILDERLAND



1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.



2. That TIMOTHY SPAWN, TRANSFER STATION SUPERINTENDENT



or his designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE;





3. That 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 States share of such costs.



4. That five (5) Certified Copies of this Resolution be prepared and sent to he NYSDEC together with a complete application.



5. That this resolution shall take effect immediately.

Councilman Ricard seconded the motion and it was carried by the following roll call vote:



Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye




                                                            Supervisor Runion                 Aye




Item #4 on the agenda concerned adopting a resolution at the request of the County of Albany concerning issues involved with the County’s reconstruction project of CR204 (Schoolhouse Road).

Supervisor Runion stated that the County would begin reconstruction in the spring and is looking to the Town to approve a number of items.  (P 17A)

Councilwoman Slavick asked if this was the project that had been discussed in Bethlehem last May.

MOTION #55 Councilman Bosworth moved to ADOPT A RESOLUTION OF THE GUILDERLAND TOWN BOARD



Whereas:            The County of Albany proposes construction of portions of County Route 204 within the Town of Guilderland, and



Whereas:            The County of Albany will include as a part of the construction, reconstruction, or improvement of the above mentioned project the construction of sidewalks in the Town of Guilderland, and will provide for the relocation and replacement of a portion of an old water main and service connection with a new water main and new service connections on a portion of Schoolhouse Road, and will also constrict a new closed storm sewer system as shown on the contract plans relating to the project, and



Whereas: The County of Albany will construct the new sidewalk in accordance with ADA standards, and



Whereas: The service life of the relocated and replaced utilities will be extended and the new closed storm sewer system will be designed in accordance with NYSDEC storm water regulations, and



Whereas:         the County of Albany will provide funding for the reconstruction of the above mentioned work as shown on the contract plans relating to the project and



Whereas:         The Town of Guilderland has reviewed the “Stormwater Management Report” and the drawings for the proposed project in regards to the design of the proposed closed storm sewer system and has reviewed the plans for the proposed replacement of the old water main on Schoolhouse Road;



Now, Therefore,



                        Be it resolved:  That the Town of Guilderland hereby approves the construction of above mentioned work and as shown on the contract plans relating to the project and that the Town of Guilderland will maintain, or cause to be maintained, the sidewalks constructed as above stated and as shown on the contract plans, also included is the control of snow and ice in accordance with Maintenance Jurisdiction Plan, attached as Exhibit A; and



Be it further resolved that the Town of Guilderland approve the municipal utility relocation and replacement of a portion of the old water main on Schoolhouse Road; and



Be it further resolved that the Town of Guilderland will be responsible for the maintenance of the replaced water main and appurtenances, and

Be it further resolved that the Town of Guilderland approve the discharge of stormwater from Albany County MS4 storm sewer system to the Town of Guilderland MS4 storm sewer system, but Albany County Department of Public Works will own operate, maintain the stormwater management practices located within the Town of Guilderland Right of Way in accordance with Maintenance Jurisdiction Plan:

Attached as Exhibit A.



Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye




                                                            Supervisor Runion                 Aye






Item #5 on the agenda concerned authorizing the Superintendent of Transfer Station to go to bid for the grinding and removal of yard waste from the transfer station for 2006.

Supervisor Runion stated that that in the past the town would go out during the course of the year as the yard waste accumulated to have it disposed of.  He stated that they would like to go to bid for one price that would hold for the contract year.  He further stated that the cost would be reduced this way.

Councilman Pastore asked if this were a budgeted item and Supervisor Runion stated that it was.

MOTION #56  Councilman Pastore moved to AUTHORIZE THE SUPERINTENDENT OF TRANSFER STATION TO GO OUT TO BID FOR THE GRINDING AND REMOVAL OF YARD WASTE FROM THE TRANSFER STATION FOR 2006. Councilman Ricard seconded the motion and it was carried by the following roll call vote:

 Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye




                                                            Supervisor Runion                 Aye






MOTION  #57  Councilman Bosworth moved to AUTHORIZE THE HIGHWAY DEPARTMENT TO GO OUT TO BID FOR VARIOUS ITEMS.  (P 19A) Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye




                                                            Supervisor Runion                 Aye






Item #7 on the agenda concerned entering into an inter-municipal agreement with Village of Altamont for redemption for taxes from Albany County of parcel located at 759 Route 146 (Tax Map No. 37.04-1-14) (Corner of Gun Club Road and Route 146) and authorizing an expenditure of up to $25,000 by the Town for acquisition cost of 2.8 acre parcel.



Supervisor Runion stated that this was a parcel of land that has been neglected and sold to Albany County for taxes in the amount of approximately $40,250.  This amount plus some additional taxes and redemption costs would be required in order to obtain the property from the County.

The Village and the Town would split the cost.

He had spoken with the Mayor and they agreed that it would be a good site for a number of programs such as Youth Programs and Senior Programs. It would also be a good site for meeting rooms.

Currently there are a couple of barns on the site that are in rough shape and a house that has been abandoned which would be inspected for structural soundness.  It would not be a restoration project such as the Schoolcraft House.

Supervisor Runion stated that it might be better just to start over. 

Councilman Bosworth asked if the cost would be split with the Village.

He further stated that there would be another agreement coming before the board as to the responsibilities and duties of the various municipalities.

This would be purchased from the County of Albany.

Councilman Ricard stated that it was a good location for the various usages described.

Supervisor Runion stated that the property was totally within the Town but that it did have water and sewer provided by the Village.

Councilwoman Slavick asked if the town did not purchase the property would it go up for auction and Supervisor Runion stated that it would.

The County Legislature would have to consider whether they would make the property available for purchase.

Councilwoman Slavick asked if the closing costs would be split with the Village and Supervisor Runion stated that the acquisition costs would be split 50/ 50

MOTION #58  Councilwoman Slavick moved to APPROVE AUTHORIZING ENTERING INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF ALTAMONT FOR REDEMPTION FOR TAXES FROM ALBANY COUNTY OF PARCEL LOCATED AT 759 ROUTE 146 (TAX MAP NO. 37.01-1-14) (CORNER OF GUN CLUB ROAD AND ROUTE 146) AND AUTHORIZING AN EXPENDITURE OF UP TO $25,000 BY THE TOWN FOR ACQUISITION COST OF 2.8 ACRE PARCEL.  Councilman Ricard seconded the motion and it was carried by the following roll call vote:

Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye




                                                            Supervisor Runion                 Aye








Item #8 on the agenda concerned accepting the dedication of Windsor Court in Saddle brook Subdivision.

Supervisor Runion read a letter from Boswell Engineering (P 20A) stating that Windsor Court is ready for dedication to the town with several conditions outlined in the letter.



Part of the conditional approval is that the developer will apply for no more than two additional building permits in addition to the two model home permits which have already been issued until such time as the as built plans have been reviewed and approved by the Town Designated Engineer.

Supervisor Runion further stated that one other condition that is outlined in the letter indicates that there is a sidewalk that is to be installed along Lot #7 Windsor Court (also known as Lot 2 Arbor Drive) and that lot would require a sidewalk for approximately 200’ where it fronts on Arbor Drive.

He further stated that in speaking with the builder’s attorney, he indicated to him that he would like to have the condition modified to state that no building permit would be issued for Lot #7 Windsor Court, also known as Lot #2 Arbor Drive, until such time as the sidewalk has been installed. This would insure that the purchaser of that lot would be aware that there would be a sidewalk.



Councilwoman Slavick asked about other streets in the subdivision and a further clarification of the sidewalk.



Supervisor Runion stated that there was also an agreement with the highway department for additional work to be done after the season.  There was a concern as to how it would weather. Money has been placed into an escrow account. 

Town Attorney, Richard Sherwood stated that he had reviewed all deeds and easements and all were satisfactory.

Councilman Pastore asked how the amount was determined and Supervisor Runion stated that the Engineer made that determination.



MOTION #59  Councilman Bosworth moved to ACCEPT DEDICATION  OF WINDSOR COURT SUBJECT TO THE CONDITIONS AS OUTLINED IN THE LETTER  OF BOSWELL ENGINEERING DATED FEBRUARY 6, 2006 WITH ONE MODIFICATION THAT NO BUILDING PERMIT WILL BE ISSUED FOR LOT #7, WINDSOR COURT ALSO KNOWN AS LOT # 2 ARBOR DRIVE, UNTIL SUCH  TIME AS THE SIDEWALK WHICH IS TO BE LOCATED ON SUCH LOT HAS BEEN CONSTRUCTED AND APPROVED BY THE TOWN.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Ricard               Aye

                                                            Councilwoman Slavick         Aye     

                                                            Councilman Bosworth          Aye

                                                            Councilman Pastore              Aye




                                                            Supervisor Runion                 Aye






Supervisor Runion asked if there was anything further to be discussed and proposed that the board enter into executive session to discuss some personnel matters resulting from changes required by the Albany County Department of Civil Service.



MOTION# 60  Councilman Bosworth moved to ENTER INTO EXECUTIVE SESSION AT 8:06 PM TO DISCUSS PERSONNEL MATTERS RESULTING FROM CHANGES REQUIRED BY THE ALBANY COUNTY DEPARTMENT OF CIVIL SERVICE.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard         Aye

                                                            Councilwoman Slavick   Aye

                                                            Councilman Bosworth    Aye

                                                            Councilman Pastore        Aye




                                                            Supervisor Runion          Aye






MOTION #61  Councilman Bosworth moved to EXIT EXECUTIVE SESSION AT 9:00 PM.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard         Aye

                                                            Councilwoman Slavick   Aye

                                                            Councilman Bosworth    Aye

                                                            Councilman Pastore        Aye




                                                            Supervisor Runion          Aye






MOTION #62  Councilman Bosworth moved to APPROVE THE SALARY FOR BOOKEEPER POSITION AT AN HOURLY RATE OF $24.72.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard         Aye

                                                            Councilwoman Slavick   Aye

                                                            Councilman Bosworth    Aye

                                                            Councilman Pastore        Aye




                                                            Supervisor Runion          Aye






MOTION # 63  Councilman Pastore moved to ADJOURN THE TOWN BOARD MEETING OF FEBRUARY 7, 2006 AT 9:07 PM.  Councilman Ricard seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard         Aye

                                                            Councilwoman Slavick   Aye

                                                            Councilman Bosworth    Aye

                                                            Councilman Pastore        Aye




                                                            Supervisor Runion          Aye








                                                            Respectfully submitted,





                                               

                                                            Rosemary Centi, Town Clerk