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Town Board Minutes 06/20/2006
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 June 6, 2006 Town Board meeting.

MOTION #133  Councilman Bosworth moved to APPROVE THE MINUTES OF THE JUNE 6, 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











PUBLIC COMMENT PERIOD: No public comment








Supervisor Runion apprised the Town Board of the recent situation involving the Albany Landfill.  He stated that there had been a number of meetings that the City of Albany had hosted regarding the fact that there was only about four years of life remaining for the landfill.

He further stated that the Town of Guilderland, as a member of the Pine Bush Preserve Commission, had a vote as to the temporary permits with respect to un-dedicating ten to twelve acres of the Albany Pine Bush. Assemblymen McEneny and Cannistrari had introduced a bill to undedicate 10 – 12 acres of the Pine Bush Preserve. 



He also stated that because of the limited lifespan of the landfill, Guilderland had been speaking with other regional facilities about taking Guilderland’s garbage.

Supervisor Runion stated that there was concern as to the precedent that would be set by taking land and undedicating it.  He also mentioned the number of complaints that he had received regarding the odors from the landfill.

The initial vote for the issue had been tabled.

Don Csaposs stated to the Board that he had been researching alternative landfills and sending out inquiries for availability and price.

As a member of the Pine Bush Commission, Guilderland has one vote, and Supervisor Runion asked the Board for its comments regarding the undedication of the acreage.



Councilman Ricard stated that he was not in favor of undedicating the land.

Councilwoman Slavick also stated that she was not in favor due to the precedent being set.

Councilman Bosworth stated that he was not in favor. He also mentioned negative e-mails that he had received regarding the clear cutting of a path within the Pine Bush without due process.

Councilman Pastore stated that he was not in favor of undedicating the land.





PUBLIC HEARINGS:



7:30 PM – Re-zone of Normanskill Flood Plain from RO-40 to RA-3



Town Clerk, Rosemary Centi, read the legal notice of the continuation of the public hearing.

Jan Weston, Town Planner, stated that she had reviewed the original list of parcels and sent to property owners information regarding Conservation Subdivision and solicited comments. She received none.

She further stated that some of the original parcels had been removed due to a variety of reasons.



Shelley Lupe, Balltown Road Schenectady, stated that placing her property in the RA-3 designation would pose a hardship for her family regarding development of the land.

She handed engineering layouts to the Board and explained the expense involved with developing the parcels.  (P 73A,B)

She felt that through the Planning Board and the Town Planner, they would be able to come up with mutually agreeable things that could be conserved and that this parcel should not be reconsidered for re-zoning.



Councilman Bosworth asked for the names of the subdivisions, which initiated the re-zone process.

Town Planner, Jan Weston, stated that they were under the names of Dean DeVito, for the larger Lupe parcel, and Marotta, which would be on Grant Hill Road.

She also stated that the designated wetlands were NY State wetlands.



Councilman Bosworth wanted a clarification of the reason for the re-zone.

Jan Weston stated that it was the Chair of the Planning Board who presented his concerns with the subdivision requests. The concerns were environmental and it was felt that these properties were not suitable for large-scale intensive development.

She further stated that the applicants for the subdivisions would be coming in to the Planning Board with revised subdivision plans that are in conformance with the RA-3 designation.  She further stated that this re-zone was very much concerned with environmental issues.



Councilman Pastore asked if the re-zone would prohibit development.  He also asked if there would be development, only a more controlled development.



Supervisor Runion clarified that that it would be more environmentally sensitive because it places it into the Conservation Subdivision, which was worked though the Comprehensive Plan and causes developments to be done in an environmentally friendly manner.



Jan Weston also stated that if the developments were done right, the developer could get some of his lots back through bonuses.  This was not to done to hurt in density but to focus on the environmental issues first and then focus on development.  Their concern was to protect environmentally first.



Councilman Bosworth explained that the Boards were trying to steer people to the best uses of their property and that it was not a hostile action.

Jan Weston stated that it allowed for more flexibility with the Town being able to give something back.



George Harder stated that he could not recapture the cost of his investment and that the three-acre re-zone was a “lousy” idea.  He further stated that this concept could be resolved with 19 or 20 lots and that this should be taken into consideration.



Glenn Petersen, 201 Schoolhouse Road, stated that over development has led to cost impacts on the school system.  He also stated his concern for the wetlands.



Roger White, Kaine Drive, expressed his concern with the traffic on Schoolhouse Road and Church Road.



Linda Haas, Hilton Lane, also expressed her concern with traffic and quality of life issues and hopes that this would be taken into consideration and reviewed.



William B., Schoolhouse Road, stated that his concern was for the increase in traffic and the hazard for children.




Janet Pomikoy, Krumkill Road, stated that traffic was horrendous and did not want development.



Mary Mazio, Birch Drive, expressed her concern with the increase in taxes this would generate, the environmental issues, and the impact on the school system.




Tim Snyder, Fliegel Avenue, stated his concern with urbanization and safety for the children.



Angela Batorsky, Chaucer Place, objected to any development and expressed her concern with the safety of Church Road due to traffic.



Celia Wellman, Schoolhouse Road, stated her concern with the environmental impact of the development.  She asked if any wetland studies had been done and further stated that any development would be detrimental to the area.



Supervisor Runion stated that the Board was not looking at the development issue, that was for the Planning Board.  Before any subdivision approval is given, they would have to go through the SEQR process.  He further stated that the Board would be looking at the best use of the land and what type of zoning should be imposed so that the Planning Board has a baseline for future submissions.



Marge Flynn, Marjorie Drive, urged the Board to consider the results of their decision and the resulting effect on the water table.



Janine Daniels Rivera, Nott Road, stated that her property bordered the area covered by the re-zone and that she was in favor of it as she believed the re-zone was more sensitive to the nature of the land in that area.



Desiree Funk Laz, Krumkill Road, was very in favor of the re-zone.



Juan Mota, Church Road, stated that he was in favor of the re-zone and that the Board is charged with good stewardship.



Shelly Lupe respectfully requested that her property be looked at individually and not as part of the other Lupe parcel that triggered this action and not be restructured by re-zoning.



T.R. Laz, Krumkill Road, asked that the Board say “no” to development and thanked the Board for listening to and caring about the neighbor’s concerns.

He stated that this would be the beginning of massive development in the area.



Roberta Miller, Zorn Road, supports the re-zone and stated her concern with the increase in traffic.



Supervisor Runion submitted letters for the record from Stephen Lupe Owen, and Kathleen Hanley and Eileen Hanley Grafunder, opposing the re-zoning.

A letter and pictures from Joseph Romero was submitted in favor of the re-zone with a follow up e-mail.

He also submitted an advisory opinion from the Town Planning Board dated April 26, 2006 recommending the re-zone and notification from the Albany County Planning Board approving the re-zone from RO-40 to RA-3.



MOTION#134  Councilman Ricard moved to CLOSE THE PUBLIC HEARING ON A PROPOSED LOCAL LAW TO RE-ZONE THE NORMANSKILL FLOOD PLAIN FROM RO-40 TO RA-3.  Councilman Bosworth 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 stated that Town Planner, Jan Weston, had prepared a full environmental assessment form.  He submitted all maps prepared.  (See file in Town Clerk’s office)



Councilman Bosworth asked if any protests had been received opposing the re-zone and Town Clerk, Rosemary Centi, stated that there had not been any submitted to date.



Supervisor Runion stated that the protest had to be filed by the time a vote was taken.  He clarified that if 20% of the landowners submit a protest to the Board, in writing, it would require a super majority vote of 4 members of the Board rather than the usual three-vote majority.

Councilman Pastore asked if a sufficient amount of time had been given.

Supervisor Runion stated that the landowners had at least forty days to generate a petition if they were going to do so and received their notification by publication.

Councilman Bosworth stated that the meeting had been noticed on April 4, 2006 and the republishing of the continuation of the public hearing was on June 7, 2006.

Supervisor Runion stated that a full environmental assessment form had been prepared by Jan Weston and based on a review of that form,

MOTION # 135  Supervisor Runion moved that THE RE-ZONING OF THE PROPERTY UNDER CONSIDERATION FROM RO-40 TO RA-3 WOULD NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.  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

Councilman Pastore asked Jan Weston if more consideration should be given to adding more properties to the list of those in the RO-40 zone.

Jan Weston stated that she felt very confidant in the list as it stands.

He asked whether the rationale for placing the 11 properties off the list was articulated in her memo.  He asked what the rationale was for those other properties to remain subject to the re-zone.

Jan Weston stated the reason was much greater acreage and significant environmental features on those sites.

She further stated that her issue here was to give the Planning Board a tool with which to protect land that needs protection.

Supervisor Runion stated that there was a lot more at issue than the two applications that Councilman Pastore referred to.



A discussion ensued regarding the changes that had occurred over the years regarding environmental issues, impacts on neighborhoods and the quality of life for the Town as a whole.

Councilman Bosworth pointed out that the entire area was looked at because a large portion was in the flood plain, a number of acreage was agricultural and there were a number of issues related to this land.

Jan Weston also stated that the area was one entire environmental system.






MOTION #136  Supervisor Runion moved to ADOPT LOCAL LAW #2 OF 2006, THE RE-ZONING OF THE NORMANSKILL FLOOD PLAIN FROM RO-40 TO RA-3.  Councilman Ricard seconded the motion and it was carried by the following roll call vote:

                                                            Councilman Ricard -                Aye

 

                                                           Councilwoman Slavick Aye- in favor because the RA-3 zone would take into account the environmental concerns raised.

                                                            Councilman Bosworth            Aye- recognized the diligent work of the Town Planner, Jan Weston and for providing leadership to the various boards

                                                            Councilman Pastore                 Aye – stated that this particular consideration is ripe for this re-zone.                                                                                                                            Supervisor Runion                    Aye- stated that the Town had gone through extensive planning from 2000 to date, adopting the Comprehensive Plan and having a number of neighborhood studies.  The purpose of the Board, and as part of the Comprehensive Plan, is to protect the quality of life of our town residents.  He felt that re-zoning of this property, particularly because a lot of it is environmentally sensitive land and had unique features that deserve to be protected, is better placed in an RA-3 zone than in the current RO-40 zone.



Break:






Agenda items:



Item #1

Re-zone application of Jeff Thomas to conditionally re-zone former Bavarian Chalet from Local Business (LB) to Multiple Residence (MR) for senior citizen residences only. 



Supervisor Runion stated that the public hearing had been held on May 16, 2006 and it was on the agenda for a vote only.

He read a notification from the Albany County Planning Board (P 78A).

He also read a letter from Marilyn Avery (P 78B) and from Mr. & Mrs.Gerasimo Kagas. (P 78C)

Jan Weston stated that she had an oral communication from the Albany County Planning Board changing their prior recommendation to one deferring to local consideration.



Councilman Ricard asked if striping could be done at the crosswalk.



Supervisor Runion read the submitted Short Environmental Assessment Form answering questions of the effects on the environment in the negative for purposes of re-zoning only.



MOTION #137  Councilman Bosworth  moved that BASED UPON THE SHORT ENVIRONMENTAL ASSESSMENT FORM SUBMITTED BY  F.J. BOSSILINI, ENGINEER FOR THE APPLICANT, WHICH ANSWERS ALL QUESTIONS IN THE NEGATIVE,  A NEGATIVE DECLARATION PURSUANT TO SEQR FOR PURPOSES OF THE RE-ZONING APPLICATION ONLY BE GIVEN.  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 read a list of considerations for the applicants re-zone request.

Tax Map Parcel Nos. 39.00-2-3.1 and 39.00-2-3.3 located at Western Turnpike and French’s Mill Road is hereby re-zoned Multiple Residence (MR) subject to the following conditions:

:

(1) At least one person residing in each unit must be of the age of 55 years or 

      older;



(2) The developer shall re-habilitate the existing Bavarian Chalet Building into a

       Senior Citizen Center Facility and dedicate such building to the Town of 

       Guilderland



(3) The developer shall install a continuous 5-foot sidewalk from the site with the   location approved by the Zoning Board of Appeals and in the right-of-way of Western Turnpike to connect to the sidewalk on the westerly boundary of tax map parcel No. 39.00-2-14 (now or formerly owned by the Red Fox Development Corp.)



(4) The strip of land (14.95 feet in width) between tax map parcels Nos. 39.00-2-5 and 39.00-2-6 shall be used for emergency access only to the site.



(5) The maximum units allowed shall not exceed 86.



(6) At the time a certificate of occupancy is issued for any unit, the developer shall

                   pay $1,500 per unit into the Town of Guilderland parkland dedication fund.



(7)  The developer shall pay water and sewer connection fees imposed by the 

Department of Water and Wastewater Management.



(8)  Nothing contained herein shall be construed to direct, limit or restrict the

                  Town’s Planning Board or the Zoning Board of Appeals statutory or

regulatory authority to review, issue, or deny permits and approvals, nor to

constrain such board’s authority to impose additional permit conditions.



(9) The parcels shall revert to their former zoning classification if a building

       permit is not issued for a senior citizen housing project unit within two (2) years

                  of the effective date of this re-zoning approval. 



Councilwoman Slavick asked about the sidewalk.

                                               

Supervisor Runion stated that the Zoning Board of Appeals should determine where the sidewalk should go when they review the project.



A discussion followed regarding the needs of the Town for the Senior Program and other conditions for the applicant.



Mr. Thomas asked if the impact fee could be reduced in consideration of the fact that he would be donating space for a senior center and the off sight mitigation for the sidewalk.



Councilman Ricard asked about the cost of the sidewalk.

Mr. Thomas stated that it would be about $60,000.



Supervisor Runion lowered the parkland fee to $750.00



Jan Weston stated that she did not object to the reduction but she would not want the fee linked to the off sight improvements.  She stated that she would prefer that it be linked to the fact that he is donating a community center, which is recreationally based.



Mr. Thomas asked for an additional year for the project based on the application process.

Based on the changes made,



MOTION #138  Supervisor Runion moved that LOCAL LAW #3 OF THE TOWN OF GUILDERLAND SHALL BE THAT

Tax Map Parcel Nos. 39.00-2-3.1 and 39.00-2-3.3 located at Western Turnpike and French’s Mill Road is hereby re-zoned Multiple Residence (MR) subject to the following conditions:



(1)  At least one person residing in each unit must be of the age of 55 years or 

       older;



(2)  The developer shall re-habilitate the existing Bavarian Chalet Building into a

       Senior Citizen Center Facility and dedicate a minimum of 4000 square feet of

       such building to the Town of Guilderland.



(3)  The developer shall install a continuous 5-foot sidewalk from the site with the 

location approved by the Zoning Board of Appeals and in the right-of-way of   Western Turnpike to connect to the sidewalk on the westerly boundary of tax map parcel No. 39.00-2-14 (now or formerly owned by the Red Fox Development Corp.)



(4)  The strip of land (14.95 feet in width) between tax map parcels Nos. 39.00-2-5     

       and 39.00-2-6 shall be used for emergency access only to the site.



(5)  The maximum units allowed shall not exceed 86.



           (6)   Due to the fact that the developer is providing recreational space as a Senior

                   Citizen Facility, at the time a building permit is issued for any unit,

                   the developer shall pay $750.00 per unit into the Town of Guilderland   

                   parkland dedication fund.



(7)  The developer shall pay water and sewer connection fees imposed by the 

Department of Water and Wastewater Management.



(8)  Nothing contained herein shall be construed to direct, limit or restrict the

                   Town’s Planning Board or the Zoning Board of Appeals statutory or

 regulatory authority to review, issue, or deny permits and approvals, nor to

constrain such board’s authority to impose additional permit conditions.



(9)   The parcels shall revert to their former zoning classification if a building

        permit is not issued for a senior citizen housing project unit within two (2)

        of the effective date of this re-zoning approval.  The Town Board may, by 

        resolution, extend this provision by one (1) additional year.

Councilman Bosworth 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 #2 concerned setting a public hearing on amendments to Mill Hill Planned Unit Development (Rout 155).



Terresa Bakner, Esq., speaking for the applicant, stated that the changes for the project were contained in the draft local law presented to the Board. (P 80A)



Supervisor Runion expressed his and the Board’s interest in the change of use from recreational clubhouse to a convenient food store.



Ms. Bakner explained the site map.



Supervisor Runion asked about commercial activities and asked if the convenient store would be a Stewart’s and was told it would be.



Mr. Tom Lewis described the proposed Stewart’s site and stated that the company would be willing to design something entirely different for the site.  A newly designed canopy for the gas pumps will be used.



Supervisor Runion clarified that the access to the store will be from Mill Hill Court and not from Route 155. 

Councilman Bosworth asked if access to the store would be made available to the residents and Ms. Bakner stated that they could put in a pathway for that purpose.



Supervisor Runion asked about a traffic light at the intersection.



Wendy Cimino, traffic engineer from Creighton Manning, stated that they had done a traffic study with trips generated and would bring that information to DOT.  She also stated that the traffic warrants and pedestrian warrants would be given to DOT.



Councilman Ricard stated that they should do some safety analyses because of the pedestrian traffic that would be coming from the surrounding neighborhoods.

Ms. Cimino stated that it would be taken into consideration and presented to DOT.



Supervisor Runion asked that the changes in the local law be made prior to the public hearing.



Terresa Bakner stated that they had no objection to the changes.  She would submit a clean copy to the Board.



MOTION # 139  Councilman Bosworth moved to SET THE PUBLC HEARING ON AMENDMENTS TO MILL HILL PLANNED UNIT DEVELOPMENT (ROUTE 155) ON JULY 11, 2006 AT 8:30 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



MOTION #140   Councilman Bosworth moved to APPOINT RICHARD SAVAGE AS DIRECTOR OF ANIMAL CONTROL FROM THE ALBANY COUNTY CIVIL SERVICE LIST.  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 #141  Councilman Bosworth moved to SET A PUBLIC HEARING ON A LOCAL LAW TO DELETE PROHIBITION OF COMMERCIAL CAR WASHES FROM USING MUNICIPAL WATER ON SEPTEMBER 5, 2006 AT 7:30 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 #142  Councilman Ricard  moved to ACCEPT  CONVEYANCE OF PROPERTY FOR PORTION OF ROAD KNOWN AS NEWMAN ROAD.  Councilman Bosworth 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

This allows Town access to a fire hydrant at the end of the road.






MOTION #143   Councilman Ricard moved to APPROVE TAX ASSESSMENT SETTLEMENTS PER RECOMMENDATION OF TOWN ASSESSOR, CAROL WYSOMSKI.  Councilman Pastore 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 #144  Councilman Bosworth moved to APPOINT JANE SCHRAMM AS GUILDERLAND CHAMBER OF COMMERCE REPRESENTATIVE ON ECONOMIC DEVELOPMENT ADVISORY COMMITTEE.  Councilman Pastore 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 #145  Councilwoman Slavick moved to ADOPT THE FOLLOWING RESOLUTION IN SUPPORT OF ALTAMONT FREE LIBRARY GRANT APPLICATION FOR RENOVATION OF ALTAMONT TRAIN STATION BUILDING;

RESOLVED,

 THE TOWN BOARD OF THE TOWN OF GUILDERLAND SUPPORTS THE EFFORTS OF THE ALTAMONT FREE LIBRARY TO SECURE FUNDS NEEDED FOR THE RESTORATION OF THE ALTAMONT TRAIN STATION, AND BY THIS RESOLUTION AUTHORIZES THE PRESIDENT OF THE BOARD OF TRUSTEES OF THE ALTAMONT FREE LIBRARY TO SUBMIT AN APPLICATION FOR THIS PROJECT TO THE CAPITAL DISTRICT TRANSPORTATION COMMISSION UNDER THE SAFETEA-LU GRANT 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






Item # 9 on the agenda concerned a discussion regarding the request of private groups to use town recreation facilities.



Director of Parks and Recreation, Dennis Moore, stated to the Board that he was requested to present an update of policy regarding usage of the parks in three different areas, insurance, who is allowed to use the parks and rules and regulations for usage.

He further stated that the major users in the big parks are Pine Bush Little League, Guilderland Babe Ruth and Guilderland Girl’s Softball and Guilderland Pop Warner.

The Town made up licensing agreements for these major users giving them priority use of the parks during their seasons.  The Town still owns the facilities.



He stated that there were other users that the Town was working with to develop licensing agreements, Guilderland Rec Soccer, Guilderland United Soccer Club and the Lacrosse groups.

He further stated that there were other groups that rented the parks on a daily or weekly use.  One of which was U.S.A. Soccer owned by George Kelesian.  He stated that it was brought to his attention by the Supervisor that they should look at this type of usage.



Mr. Kelesian presented information regarding his soccer camp in the Town of Guilderland and that he had been using the park facility for 17 years.



Supervisor Runion asked how many weeks the camp was run. 

Mr. Kelesian stated it was run for two weeks.



Supervisor Runion stated that there was a difference between camps that were run and offered to Guilderland residents under the auspices of sanctioned leagues and that the Town has licensing agreements with, and another where a third of the kids are Guilderland residents and 2/3’s are outside the Town.

Mr. Kelesian explained his camp’s offerings.

Supervisor Runion reiterated that the parks were maintained for Town residents and explained that the Board would be opened up to allowing any group to use the parks because the Town does not have licensing agreements with the soccer clubs.  He also expressed his concern with insurance.



Guilderland United Soccer Club vice president, Jim Leggiero, stated that the club did have a camp program for their soccer club called the Crossbar Soccer Camp.

He stated that the Guilderland United Soccer Club Board did not want to influence Town policy over usage.



Supervisor Runion asked if their camp was for Guilderland residents and open to the Guilderland Soccer Club.



Mr. Leggiero stated that 99% of the participants were Guilderland residents.  The intent was for Guilderland residents and players to participate in this camp.

They did not want to set policy for the Town but they did support one camp.



Councilwoman Slavick asked if the Club had a licensing agreement with the Town.



Mr. Leggiero stated that they were in the process of developing a licensing agreement with the Town. 



Supervisor Runion asked if they were affiliated with the U.S.A Soccer Camp.



Mr. Leggiero stated that they were not; Guilderland United Soccer Club supported Crossbar Soccer Camp.



Supervisor Runion stated that he received a number of calls regarding usage of the facilities from non- Guilderland residents based on the school district boundaries. 

He further stated that once a facility is opened to outside groups, they must be opened to all outside groups.



Mr. Leggiero stated that Crossbar Soccer Camp is a program that would develop players for the high school team.



Supervisor Runion stated that they did not want to endorse a program because of the liability.



Debbie Cubillos, Foxwood Drive, gave her opinion of the soccer clubs and endorsed both.

She did not feel that there was a conflict in having both camps.



Supervisor Runion stated that the Board has a responsibility to protect the facilities from misuse.



Councilman Pastore stated that his concern was with relinquishing discretion as to who could use Town facilities.



David Shamlian, Blockhouse Creek, President of the Guilderland United Soccer Club, explained the soccer club’s affiliation with the Crossbar Camp.



Councilman Bosworth asked for a description of the Club.



Mr. Shamlian stated that it was a club within a league. The majority of the children were from Guilderland.  He felt that the policy should look at a broader sense.

Two camps are a good thing because each camp meets different needs.



Supervisor Runion asked if the camp was under the umbrella of the Guilderland United Soccer Club.



Mr. Shamlian stated that they did not own the camp and were told that they had to pick a single entity to endorse but it did not meet all of their memberships needs.



Supervisor Runion asked who took responsibility for the Crossbar Camp.



Mr. Shamlian stated that it was a DBA run by a Guilderland High School soccer coach, Michael Kinnally.



Councilman Bosworth asked how usage of the fields was chosen.



Dennis Moore stated that he was under the understanding that the Guilderland Soccer Club and Dutchmen United combined and at their board of director‘s meeting chose Michael Kinnally, owner of Crossbar Soccer Camp, as their training program director.



Mr. Shamlian stated that they did not want to guide children from one camp to another.



Supervisor Runion asked if they had insurance, which covers the camps as training camps.



Mr. Shamlian stated that children who play on the club team are covered.



Supervisor Runion asked about camp coverage, who was covering the Town and stated his concern for liability.



A discussion ensued regarding who was in charge of the camps and who has coverage for the Town.



Supervisor Runion explained that the reason that a licensing agreement was reached with the Pine Bush Little League, Babe Ruth and Girl’s Softball was due to the fact that there were competing organizations that wanted to use Keenholts Park. The Town then endorsed one group to use those Parks and anyone else that wanted to use the parks had to run through that group.

Otherwise, the use of the parks would have to be offered to anyone and it would be on a first come, first serve basis. 

The Town is trying to get someone to take charge because of the various liabilities that evolved due to the competing groups.



Councilman Bosworth asked what the status was for the licensing agreement with Guilderland United Soccer Club.



Dennis Moore stated that it was still being worked on.

Supervisor Runion stated that the agreement should be with the community based league.



Councilman Bosworth stated that they should be trustees for the welfare of the children playing on the teams and not have a first come first serve basis.



Supervisor Runion stated that the Guilderland United Soccer Club would have to make a decision and sign a licensing agreement with the Town otherwise the facilities would be open to competing interests.



Mr. Shamlian stated that the soccer club would take the role of licensing agent.



Supervisor Runion stated that they would need insurances from any training group using the fields and that the Town of Guilderland would have to be on the policies.



Town Attorney, Richard Sherwood, stated the needs of the Town regarding insurance coverage.



Supervisor Runion stated that a licensing agreement should be developed and a letter of intent should be sent to the Supervisor with all of the insurance information.











MOTION #146  Councilman Bosworth moved to ADOPT THE FOLLOWING RESOLUTION;

THAT THE TOWN BOARD OF THE TOWN OF GUILDERLAND HEREBY AUTHORIZES THE PREPARATION AND SUBMISSION OF A GRANT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION UNDER THE “TRANSPORTATION ENHANCEMENT PROGRAM 2006 GRANT ROUND” IN THE AMOUNT OF $232,000 AGAINST A TOTAL PROJECT COST OF $290,000 FOR THE PURPOSE OF IMPROVING AND EXTENDING PEDESTRIAN TRAIL NETWORKS IN THE AREA EXTENDING FROM THE COMMUNITY GARDENS PROPERTY TO FOUNDRY ROAD VIA THE WINTER RECEATION AREA, TAWASENTHA PARK, AND WESTERN TURNPIKE GOLF COURSE.  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







Public Hearing:  8:00PM – Water District Extension #72 – Voorheesville – Guilderland Interconnection.




Town Clerk, Rosemary Centi, read the legal notice.

No public comment.



MOTION #147  Councilman Bosworth moved to CLOSE THE 8:00  PUBLIC HEARING ON WATER EXTENSION #72 –VOORHEESVILLE – GUILDERLAND INTERCONNECTION.  Councilman Ricard seconded the motion and it was carried by the following roll cal vote:
                                                            Councilman Ricard                   Aye

                                                            Councilwoman Slavick            Aye     

                                                            Councilman Bosworth            Aye

                                                            Councilman Pastore                 Aye




                                                            Supervisor Runion                    Aye






MOTION #148  Supervisor Runion moved that the APPROVAL OF  WATER DISTRICT #72 WOULD NOT HAVE A NEGATIVE EFFECT ON THE ENVIRONMENT.  Councilman Bosworth 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 #149  Councilman Pastore moved to APPROVE ESTABLISMENT OF WATER DISTRICT #72  KNOWN AS THE VOORHEESVILLE-GUILDERLAND EMERGENCY INTERCONNECT.  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 stated that two public hearings set for July 18th needed to be changed, as there will not be a meeting held on those days.



MOTION #150  Councilman Bosworth moved to CHANGE THE DATE OF THE PUBLIC HEARING FOR THE SPAWN ROAD RE-ZONE REQUEST BY KENNETH AND MARY LOU TEETSEL FROM JULY 18th, 2006 AT 8:00 PM TO JULY 11TH, 2006 AT 8:00 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





MOTION # 151  Councilwoman Slavick moved to CHANGE THE DATE OF THE SCOPING SESSION FOR THE GLASS WORKS VILLAGE PROJECT FROM JULY 18, 2006 AT 7:30 PM TO 7:30 PM ON JULY 11TH , 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 # 152  Councilwoman Slavick moved to ADJOURN THE TOWN BOARD MEETING OF JUNE 20, 2006 AT 12:03 AM.  Councilman Pastore 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