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 19, 2007 and the July 10, 2007 Town Board meetings.
MOTION #168 Councilman Bosworth moved to APPROVE THE MINUTES OF THE JUNE 19, 2007 AND THE JULY 10, 2007 TOWN BOARD MEETINGS. 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:
Supervisor Runion called for the adoption of a resolution sent by Steven Firestein, M.A. declaring September as Childhood Cancer Awareness month in the Town of Guilderland.
MOTION #169 Councilman Bosworth moved to ADOPT A RESOLUTION DECLARING SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH IN THE TOWN OF GUILDERLAND.
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease in the Unites States.
This tragic disease is detected in more than 20,000 of our nation’s young people each and every year; and
WHEREAS, founded nearly fifteen years ago by Steven Factor Firestein, a descendent of cosmetics magnate Max Factor, the American Cancer Fund for Children, Inc. and sister organization, Kids Cancer Connection provide a variety of vital patient psychological services to children undergoing cancer treatment at Morgan Stanley Children’s Hospital of New York-Presbyterian: Division of Child and Adolescent Oncology at Columbia University Medical Center, Memorial Sloan Kettering Cancer: Department of Pediatric Hematology/Oncology in NYC, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and
WHEREAS, through its uniquely sensitive and comforting Magical Caps for Kids program, the American Cancer Fund for Children and Kids Cancer Connection have distributed more than 100,000 beautifully hand made caps and decorated baseball caps to children who want to protect their heads following the trauma of chemotherapy, surgery, bone marrow transplant and/or radiation treatments; and
WHEREAS, The American Cancer Fund for Children and Kids Cancer Connection also sponsor nationwide Courageous Kid Recognition Award ceremonies and hospital celebrations in honor of a child’s determination and bravery to fight the battle against childhood cancer.
“ALONE WE CAN DO SO LITTLE; TOGETHER WE CAN DO SO MUCH”
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 #2 on the agenda concerned approving the extension of public water from the Town of Princetown to three properties on West Old State Road to be constructed at the expense of the property owners.
Kristi McCabe presented information to the Board regarding the resolution (P 62A) that was adopted by the Town of Princetown agreeing to supply water to the properties in question.
She further stated that they would be willing to sign a deed restriction stating that there would only be three houses on the sixty acres of land used for personal homes.
They were asking for Guilderland’s approval for the extension.
McDonald’s engineering will be working on the extension and the subdivision and will submit paperwork when necessary.
The extension will be off of the Carver-Laraway extension.
Supervisor Runion asked about the Nichols Slaughterhouse property. Mrs. McCabe stated that when they were approved, she had no information regarding this property.
MOTION #170 Councilman Pastore moved to APPROVE AN OUT OF DISTRICT WATER EXTENSION OF PUBLIC WATER WITH THE TOWN OF PRINCTOWN FOR THREE PROPERTIES ON WEST OLD STATE ROAD DESCRIBED IN THE RESOLUTION FROM THE TOWN OF PRINCETOWN AS THE JOSEPH LUCARELLI PROPERTIES. THE EXTENSION WOULD BE FOR THREE OF THE CHILDREN. ONE SHUT-OFF WOULD BE ON THE NORTH SIDE OF WEST OLD STATE ROAD AND TWO SHUT OFFS ON THE SOUTH SIDE. THE LUCARELLLI CHILDREN WOULD FILE DEED RESTRICTIONS OF NO FURTHER SUBDIVISIONS ON THE PROPERTY. THE EXTENSION WOULD BE CONSTRUCTED AT THE EXPENSE OF THE PROPERTY OWNERS. 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 #3 on the agenda concerned retaining Delaware Engineering to look into groundwater evaluations for Blackberry Estates and Curry Road Extension.
Lisa DeSousa, Blackberry Estates, spoke on behalf of the residents of the area with her concerns.
She stated that the situation of the rising water table in the Blackberry Estates, Curry Road Extension Areas was becoming intolerable.
She stated that sump pumps in the area were running all day, every day. She further stated that she had sent out a survey to 40 residents from which she received approximately 30 replies.
The biggest problem was not having storm sewers to remove the groundwater.
Supervisor Runion stated that, he had requested Delaware Engineering take a preliminary look at the area and they found that one of the residents had filled in their basement with cement because the walls were buckling.
Councilman Ricard asked if the residents had any idea why this started and Mrs. DeSousa stated that they did not other than that the water table has risen.
Supervisor Runion stated that, over the years, there have been complaints of water collecting in the streets and that the Superintendent of Highways, Todd Gifford, had cleaned out the catch basins and added another catch basin to improve some of the flooding.
He further stated that the engineering firm felt, that in order do to a true evaluation of the situation, they would have to conduct a study over the course of two wet seasons. These would be placing monitoring wells in the area so that they could determine what the levels of groundwater are.
After the evaluations were completed they would be able to come up with a possible solution.
This would be the first step of installing wells, surveying and then the report back to the Town Board. The estimated cost is $8,500.
Bill Kramek, 5936 Curry Road Extension, stated that he has water coming into the basement.
He felt that the area was past the discovery phase and that they should not have to wait for two wet seasons. (P 63A)
Supervisor Runion stated that he had spoken with the engineering firm at length and that they
had indicated that they needed data before they could come up with a solution.
He further stated that the Board has to follow the steps that were recommended.
The proposal from the engineers would be to install the test wells, to survey the area and to report back to the Town Board.
The wells would be monitored by the Highway Department and then they would relay the measurements to the engineers.
The $8,500 would come out of General Fund contingency.
MOTION #171 Councilman Pastore moved to AUTHORIZE RETAINING
DELAWARE ENGINEERING TO PERFORM GROUNDWATER EVALUATION IN THE VICINITY OF BLACKBERRY ESTATES AND CURRY ROAD EXTENSION.
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 adopting the final order approving Water Extension #73.
This is the Westerly extension of the water system.
MOTION #172 Councilman Bosworth moved to ADOPT THE FINAL ORDER APPROVING WATER DISTRICT EXTENSION NO. 73. 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 #173 Councilman Pastore moved to ACCEPT, WITH REGRET, THE RESIGNATION OF PATRICIA AIKENS FROM THE ZONING BOARD OF APPEALS AND APPOINT ALLEN F. MAIKELS TO FILL HER UNEXPIRED TERM ON SAID BOARD. (TERM TO EXPIRE DECEMBER, 2008) 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 #174 Councilman Bosworth moved to APPROVE REJECTING THE SOLE BIDDER FOR CHLORINE AS RECOMMENDED BY THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT. 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 #175 Councilman Bosworth moved to ADOPT A RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID AND APPROPRIATING FUNDS THEREFORE.
WHEREAS, a project for the McKown Road Sidewalks, Town of Guilderland, P.I.N. 1757.04 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and
WHEREAS, the Town of Guilderland desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Construction.
NOW, THEREFORE, the Town Board, duly convened does hereby
RESOLVE, that the Town Board hereby approves the above-subject project; and it is hereby further
RESOLVED, that the Town Board hereby authorizes the Town of Guilderland to pay in the first instance 100% of the federal and non-federal share of the cost of Construction work for the Project or portions thereof;
and it is further
RESOLVED, that the sum of $65,000.00 (Sixty five thousand dollars) is hereby appropriated from General Fund and made available to cover the cost of participation in the above phase of the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board of the Town of Guilderland shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and it is further
RESOLVED, that the Town Supervisor of the Town of Guilderland be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the Town of Guilderland with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project cost and all Project costs within appropriations therefore that are not so eligible, and it is further
RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further
RESLOVED, this resolution shall take effect immediately
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 # 176 Councilman Bosworth moved to AUTHORIZE THE SUBMISSION OF A GRANT PROPOSAL FOR WESTMERE CORRIDOR STUDY FROM FULLER ROAD ALTERNATE TO ROUTE 155 (NEW KARNER ROAD)
RESOLVED,
That the Town Board of the Town of Guilderland by this resolution authorizes the Town Supervisor to apply to the Capital District Transportation Commission for a Linkage Study Grant in the amount of $25,000.00 against a total project cost of $40,000.00 for the purpose of conducting a planning study of the “Westmere Corridor” from the Fuller Road Alternate to New Karner Road.
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
Item #9 on the agenda concerned authorizing participation of the Town of Guilderland in Shared Municipal Services Incentive Program for feasibility of developing a Health Insurance Consortium within Albany County.
Supervisor Runion stated that the State has indicated that they have money available for grants to determine the feasibility of developing cooperation between various forms of government in the health insurance field.
All of the municipalities within Albany County would be invited to participate but it is optional.
Health insurance for the Town is costing $1,000,000.00 per year. The grant proposal would be submitted to the State and the more municipalities that join the better the chances that the grant would be awarded.
MOTION #177 Councilman Ricard moved to AUTHORIZE THE PARTICIPATION OF THE TOWN OF GUILDERLAND IN A SHARED MUNICIPAL SERVICES INCENTIVE PROGRAM FOR FEASIBILITY OF DEVELOPING A HEALTH INSURANCE CONSORTIUM WITHIN ALBANY COUNTY. 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 #178 Councilman Bosworth moved to APPROVAL PROPOSALS FOR AERIAL MAPPING, SURVEYING AND SUBSURFACE INVESTIGATION FOR GUILDERLAND WATER DISTRICT #73. 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 #179 Councilman Ricard moved to APPROVE AWARDING BIDS FOR DIESEL FUEL, HEATING OIL AND BURNER SERVICE AS RECOMMENDED BY THE SUPERINTENDENT OF HIGHWAYS. 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 #180 Councilman Pastore moved to APPROVE THE RELEASE OF ESCROW IN THE AMOUNT OF $134,000.00 FOR RANDOM ACRES SUBDIVISION, SECTION 6, PHASES 3-5. 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 #181 Councilwoman Slavick moved to APPROVE THE RE-APPOINMENT OF KEVIN FORBES AS THE CHAIRMAN OF THE BOARD OF ASSESSMENT AND REVIEW. TERM IS FOR FIVE (5) YEARS. 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 #182 Councilman Ricard moved to RE-APPOINT CAROL WYSOMSKI AS SOLE ASSESSOR FOR THE TOWN OF GUILDERLAND FOR A SIX YEAR TERM. 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 #183 Councilman Bosworth moved to APPROVE THE FINDINGS AND RECOMMENDATIONS OF THE ANNUAL AUDIT OF THE TOWN COURT RECORDS AND FINANCIAL DOCUMENTS AS PREPARED BY THE TOWN COMPTROLLER. 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 # 16 on the agenda concerned whether the Town Board desires to set a public hearing on request of Brandon Quadrini to re-zone 6.2 acres of land at Ashford Drive from RO 40 to Multiple Residence.
Supervisor read a memo from Jan Weston, Town Planner, recommending holding the public hearing for the re-zone.
(P 67A)
Mr. Quadrini stated that he was in agreement with the Town Planner’s recommendations.
Supervisor Runion asked Mr. Quadrini if he would bring in some architectural renderings and if the units could be called town homes rather than condominiums for assessment purposes.
Mr. Quadrini stated that he would have no problem with that.
MOTION #184 Councilman Bosworth moved to SET A PUBLIC HEARING ON REQUEST OF BRANDON QUADRINI TO RE-ZONE 6.2 ACRES OF LAND AT ASHFORD DRIVE FROM RO 40 TO MULTIPLE RESIDENCE ON OCTOBER 2, 2007 AT 7:30 PM. 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 #185 Councilman Bosworth moved to APPROVE TRANSFERS AS SUBMITTED BY TOWN COMPTROLLER, JEAN STERLING. 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 #186 Councilman Pastore moved to ADOPT THE FOLLOWING DATES FOR THE 2008 TOWN BUDGET WORKSHOPS:
SEPTEMBER 11th, 2007 AT 7:30 PM
SEPTEMBER 20TH, 2007 – AFTER THE TOWN BOARD MEETING
SEPTEMBER 25TH, 2007 AT 7:30 PM (IF NECESSARY).
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 #187 Councilman Bosworth moved to ADJOURN THE TOWN BOARD MEETING OF SEPTEMBER 4, 2007 AT 8:36 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
Respectfully submitted
Rosemary Centi, RMC
Guilderland Town Clerk
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