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Town Board Minutes 03/21/2006
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 March 7, 2006 town board meeting.



MOTION #77  Councilman Bosworth moved to APPROVE THE MINUTES OF THE MARCH 7, 2006 TOWN BOARD MEETING AS AMENDED.  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






PRESENTATIONGuilderland High School Varsity Co-Ed Cheerleading Team who won the 2006 National Cheerleading Championship, Large Co-Ed Level 5 Division held in Orlando, Florida.

The squad was also Grand Champion of the Suburban Council Competition and also the Northeast Regional that is a Cheer and Dance Competition sponsored by the NCAA.

Coach Patty Palmer stated the squad took first place in all of their competitions.



Councilman Bosworth and Councilwoman Slavick presented Certificates of Merit to the Guilderland High School Cheerleaders in recognition of their first place win in the National Competition in Florida.

The following cheerleaders received the honor:

Seniors:                                    Juniors:                         Sophomore – Jacquelyn Howland

Jessie Layton                            Rachel Crowder

Nancy De Leon                       Randi Gemmiti

Tanya Loveday             Sarah Denniston

Austin Elliott                          Amanda Heacock

Jess Falvo                                Kate Irish

Adam Forte                             D’Andre Johnson

Matt Rimmer                          Sarah Merrill                           

Erica Roth                               Katie Moran

JT Terry                                  RJ Wolfe

Chris Wolfe                            Chace Wolfe

Amy Nagy                               Nick Zanotta

                                                Noel Quaglieri

Coach Patty Palmer congratulated her cheerleaders and thanked the Town Board for recognizing their accomplishment.



BREAK:





PUBLIC HEARING:



7:30 PM  Section 8 Housing choice Voucher Program

Town Clerk Rosemary Centi read the legal notice.



Mr. Joseph Mastrianni presenting for Section 8 Housing stated that there were no changes in the Plan and offered the summary for the Plan. (P 28A)



Supervisor Runion and Councilman Bosworth thanked Mr. Mastrianni for his clear summary and the good job that was being done in the Town.



MOTION #78  Councilwoman Slavick moved to CLOSE THE PUBLIC HEARING ON SECTION 8 HOUSING CHOICE VOUCHER PROGRAM.  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

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PUBLIC COMMENT PERIOD:

Andrew Linehan spoke regarding the Williamsburg/New Williamsburg subdivision (P 28B)

He proceeded to provide updates on his various requests regarding Mr. Anthony Serafini’s permits and alleged code violations.  He requested a time line for clean up.



Supervisor Runion thanked Mr. Linehan for the information and stated that the board would be looking at the information presented.

Councilman Pastore stated that as Planning Board Counsel, he had brought certain facts to the members of the planning board and to Town Planner, Jan Weston and also to the Board Chair, Stephen Feeney.

He also stated that he felt he had indicated to Mr. Linehan that he should bring the matter to the town board.






AGENDA ITEMS:

Agenda Item #1 concerned authorizing a letter of intent to participate in grant application of Albany County for grant funding of storm water drainage plan.  MS4 Grant



Don Fletcher of Barton and Loguidice, P.C. stated that this was a new grant application to extend the application that the Town has been involved in with the County since 2003.  The MS4 program started in 2003.

The first round was to support the Storm Water Coordinator for Albany County. 

This will extend her position for another 2 years as well as to fund training and to develop the three local laws needed by each municipality and to develop financial mechanisms to pay for the program. 

The County is pulling the entire application together and if fully funded, Albany County could receive up to $258,000 in grant, which would be matched in kind by the 12 communities.

He further stated that with or without the grant application, the Town’s commitment would be at least $21,500.



MOTION # 79  Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO SIGN A LETTER OF INTENT TO PARTICIPATE IN GRANT APPLICATION OF ALBANY COUNTY FOR GRANT FUNDING OF STORM WATER DRAINAGE PLAN.  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 # 80  Councilwoman Slavick moved to AUTHORIZE THE PROPOSED TAX ASSESSMENT SETTLEMENT CONCERNING PREMISES LOCATED AT 6635 WESTFALL ROAD AS PER RECOMMENDATION OF CAROL WYSOMSKI, ASSESSOR.  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 #3 on the agenda concerned adopting a resolution approving designation of certain properties within the Empire Zone as approved by the Albany County Legislature.

Supervisor Runion stated that each year the Albany County Legislature considers some amendments to the Albany County Empire Zone properties and have adopted Local Law #2 for 2006 that approves those designations.



Don Csaposs, Chairman of the Economic Development Council stated that Guilderland had recommended to the Albany County Empire Zone Administrative Board that they delete certain properties in the Northeast Industrial Park area and in their place add certain parcels in the Railroad Avenue corridor.  The net effect was a slight loss of acreage in the Town of Guilderland.  Slightly less than 10 acres.

Supervisor Runion stated that the acreage that was lost was essential roadway, non-buildable lands.

The parcels on Railroad Avenue are very well situated for redevelopment.



MOTION #81  Councilman Pastore moved to ADOPT A RESOLUTION SUPPORTING AND CONCURRING WITH THE DESIGNATION FOR INCLUSION IN THE ALBANY COUNTY EMPIRE ZONE OF REAL PROPERTY PARCELS WITHIN THE TOWN OF GUILDERLAND AS DEFINED IN LOCAL LAW #2 FOR 2006 OF ALBANY COUNTY, AND WITH ALL OTHER PROVISIONS OF LOCAL LAW #2 RELATIVE TO THE ADMINISTRATION OF THE ALBANY COUNTY EMPIRE ZONE



            WHEREAS, pursuant to Section 961 of the General Municipal Law, the County of Albany authorized, pursuant to Local Law No. 7 of 1997 and as amended; and this municipality concurred, pursuant to Resolution No. 81 of 2006, application by the County of Albany for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the State of New York; and

            WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into six “distinct and separate contiguous” areas; the boundaries of said areas to be included in said Empire Zone within this municipality shall be as set forth in Albany County Local Law “A” of 2006; and



            WHEREAS, pursuant to Sections 957(d) and 961 of the General Municipal Law, the County of Albany has proposed the redesignation of the existing Albany County Empire Zone into six “distinct and separate contiguous areas” and a seventh significant area, which will include the lands within the Town of Guilderland; and

            WHEREAS, such redesignation could greatly benefit the Town of Guilderland in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for residents of the Town of Guilderland and the County of Albany; and

            WHEREAS, the County of Albany wishes to redesignate certain areas within the Town of Guilderland as part of the proposed Empire Zone; and

            WHEREAS, the County of Albany has authorized the submission of an application for the redesignation of areas within the Town of Guilderland as an Empire Zone; and

            WHEREAS, the Town of Guilderland is desirous of working with County of Albany through the Empire Zone Program to provide enhanced job opportunities for its residents; and

            NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Guilderland, New York, that it fully supports and concurs in the submission of an application by the County of Albany for the redesignation of certain areas as an Empire Zone.
   

STATE OF NEW YORK



COUNTY OF ALBANY

)                                                          
) ss.:
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 #4 on the agenda concerned authorizing the Department of Water and Wastewater Management to go out to bid for replacement of emergency response van.

Supervisor Runion stated that the new van would be replacing a 1977 one that the Department had purchased from McKownville Fire Department.

Estimated cost of the new van is between $88,400 and $96,500.  Funding for the equipment would come from dedicated funds already in place in the budget.  Water and Sewer funds would also be used.

Superintendent of Water and Wastewater Management, William West stated that the new van would be customized to suit the Water Department purposes.  The old van would be bid out for surplus.

MOTION #82  Councilman Ricard moved to AUTHORIZE THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR REPLACMENT OF EMERGENCY RESPONSE VAN.  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 # 83  Councilman Bosworth  moved to ADJOURN THE MARCH 21, 2006 TOWN BOARD MEETING.  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

                                                           


                                                            Respectfully submitted,




                                                            Rosemary Centi, Town Clerk


 


            I, Rosemary Centi, Clerk of the Town of Guilderland and State of New York,

DO HEREBY CERTIFY:

            That I have compared the annexed resolution of the Town Board of the said Town of Guilderland, New York, with the original thereof on file in my office, and do hereby affirm that the same is a true and correct copy of said original.
           
            I FURTHER CERTIFY that all members of the Town Board of the Town of Guilderland had due notice of said meeting and a legally sufficient vote was thereafter conducted.

            IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Town of Guilderland this 21st day of March, 2006.


____________________________________
              Clerk
          Town of Guilderland, New York












































































MOTION # 140  Councilman Bosworth moved to ENTER INTO EXECUTIVE SESSION AT 12:38 PM TO DISCUSS THE FOLLOWING MATTERS:



a.  LITIGATION MATTER - PROPOSED SETTLEMENT OF CLAIM      

     BY TOWN OF GUILDERLAND AGAINST NIAGARA MOHAWK

     CORP.



b.  PERSONNEL MATTER - REVIEW AND DISCUSS RESUMES AND 

     QUALIFICATIONS OF APPLICANTS FOR WATER STUDY  

     COMMITTEE.

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

                                                            Councilman Bosworth      Aye

                                                            Councilman Downey        Aye

                                                            Councilman Ricard           Aye

                                                            Councilwoman Slavick     Aye

                                                            Supervisor Runion            Aye

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MOTION # 141 Councilman Bosworth moved to ACCEPT THE RESOLUTION APPROVING NIAGARA MOHAWK REFUND SETTLEMENT.  Councilman Ricard

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

                                                            Councilman Bosworth      Aye

                                                            Councilman Downey        Aye

                                                            Councilman Ricard           Aye

                                                            Councilwoman Slavick     Aye

                                                            Supervisor Runion            Aye

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MOTION # 142  Councilman Ricard moved to EXIT EXECUTIVE SESSION AT 12:55 PM.  Councilman Bosworth seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Bosworth      Aye

                                                            Councilman Downey        Aye

                                                            Councilman Ricard           Aye

                                                            Councilwoman Slavick     Aye

                                                            Supervisor Runion            Aye