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Town Board Minutes 02.06.2007
                                                                                                                                                                                                                  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


Supervisor Runion welcomed everyone to the evening's meeting and asked for a motion approving the minutes of the January 16th, 2007 Town Board meeting.
MOTION #49 Councilman Bosworth moved to APPROVE THE MINUTES OF THE JANUARY 16TH, 2007 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
***************************************************************************
 
AGENDA ITEMS:
 
Item #1 on the agenda concerned setting a public hearing in regard to the Draft Environmental Impact Statement submitted for the Glass Works Village project.
Supervisor Runion stated that John Behan, Behan Associates, had sent a memo to the Board stating that he felt the Impact Statement was sufficient but that there were a number of items in the document that needed to be addressed before the public hearing. 
The items that were of concern were in regards to land use and zoning, impact to community character, impact to natural resources, the economic fiscal impact analysis, impact to community facilities and services, mitigation measures, including the topic of open space, and transportation.
Supervisor Runion mentioned comments from Town Planner, Jan Weston, who felt that the impact statement was sufficient to schedule a public hearing. (P 14A)
James Shultz, Esq. and Frank Palumbo, representative of C.T. Male, who prepared the DEIS, as well as Joe Sausto, representing the developer, were prepared to answer questions.
Mr. Shultz stated that they had taken from the Board minutes, areas that were identified as problems in order to address them.                                                                          
 
Councilman Bosworth asked questions regarding transportation issues and impacts.  He requested further information and mitigation.  He further asked about considered improvements and recommendations concerning the issue in the document.
Mr. Shultz stated that the document had traffic information starting from SEFCU, on Western Avenue, down to the project site.  They will take a closer look and provide more information for the public hearing regarding traffic heading east.
Councilman Bosworth also asked about the impact to the character of the Guilderland Hamlet neighborhood and requested further information on that issue.
Councilwoman Slavick asked about the on-site recreational facilities.
Mr. Shultz stated that they were referring to the designated green space areas within the project.
She also asked about the trip-generated table.  Mr. Sausto stated that the analysis for the traffic was done for peak hour.
The methodology that was used by Clough Harbour was all of the standard methodology used by Department of Transportation, which was then reviewed by DOT and also the Town's Designated Engineer.
Councilwoman Slavick asked if the chart represented full build out and Mr. Sausto stated that it did.
It also brings in the background growth that DOT builds into its models.  This study was for a ten-year build out.
Councilman Ricard asked that more information be provided regarding Police and EMS.
Councilman Pastore asked how the maximum number of residential unit's was arrived at.
Mr. Sausto stated that the Planned Unit Development would form itself and if the PUD were to be enacted, it would be approved as a PUD with that density.
Supervisor Runion stated that under the current zoning ordinance the Town Board is responsible for setting the maximum density for Planned Unit Development projects.  This could be reduced in the review process of the site plan.
Supervisor Runion stated that this project does not give enough information on how this project would rely less on the automobile and he would like to see pedestrian enhancements such as trails, bike paths, or sidewalks and the linkages.
Supervisor Runion stated that he would like synopses of the discussions and meetings that were held and how they progressed.
There would be a 45-day review period of the document.
Councilman Bosworth asked about a reference to current town code variances.
Mr. Shultz stated that the proposal was consistent with the current code.
 
MOTION #50 Councilman Bosworth moved to SET A PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT SUBMITTED FOR THE GLASSWORKS VILLAGE PROJECT ON APRIL 17TH, 2007 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 #51 Councilman Bosworth moved to AUTHORIZE TWO HAZARDOUS WASTE DISPOSAL DAYS  TO BE HELD AT THE HIGHWAY DEPARTMENT (MAY 12, 2007 AND SEPTEMBER 22, 2007 FROM 8 AM - 2 PM) AND AUTHORIZED PARTICIPATION IN THE REGIONAL ELECTRONICS DAY HELD ON APRIL 21, 2007 FROM 7 AM - 1 PM TO BE HELD AT TAFT FURNITURE ON CENTRAL AVENUE IN COLONIE.  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 #52  Councilwoman Slavick moved to ADOPT
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR 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. 
IN THE AMOUNT OF $38,747.00
 
WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and
 
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 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 the 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


 


 


MOTION #53  Councilman Ricard moved to AUTHORIZE THE RELEASE OF ESCROW IN THE AMOUNT OF $1,847.55 FOR WATER EXTENSION #68, RANDOM ACRES 6.  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 #54  Councilman Ricard moved to AUTHORIZE THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR VARIOUS PROCESS CHEMICALS FOR 2007.  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 #6 on the agenda concerned authorizing the Supervisor to retain Delaware Engineering in connection with the design, engineering and construction of a pedestrian bridge across the Normanskill at Tawasentha Park.
Supervisor Runion stated that this item had been reviewed during the budget hearing.
MOTION #55 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO RETAIN DELAWARE ENGINEERING IN CONNECTION WITH THE DESIGN, ENGINEERING, AND CONSTRUCTION OF A PEDESTRIAN BRIDGE ACROSS THE NORMANSKILL AT TAWASENTHA PARK.  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 #56 Councilman Ricard moved to AWARD BIDS FOR SURPLUS PARKS DEPARTMENT EQUIPMENT.  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 #57  Councilwoman Slavick moved to AWARD BID FOR POLICE UNIFORMS TO ROSEN'S UNIFORMS IN THE AMOUNT OF $135.55 PER UNIFORM.  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

 

 

 



A portion of the cost will be provided by the Police Department clothing allowance.


Item #9 on the agenda concerned awarding a bid for re-carpeting of various areas in Town Hall.  Supervisor Runion stated that it had been almost twenty years since the carpet had been laid.
MOTION #58 Councilman Bosworth moved to AWARD THE BID FOR RE-CARPETING OF VARIOUS AREAS IN TOWN HALL.  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 #59  Councilman Pastore moved to APPROVE TRANSFERS AS SUBMITTED BY 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 #60  Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION IN CONNECTION WITH REAL ESTATE MATTER AT 8:17 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 #61 Councilman Bosworth moved to AUTHORIZE THE SUPERVISOR TO NEGOTIATE FOR THE PURCHASE OF THE BATTLE OF NORMANSKILL PROPERTY ON ROUTE 146.   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 Councilwoman Slavick moved to EXIT EXECUTIVE SESSION AT 8:40 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

 

 

 


***************************************************************************
Regular Meeting:
 
Supervisor Runion asked if any Board members had additional matters to discuss. Supervisor asked to re-enter into executive session to discuss personnel matters.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EXECUTIVE SESSION
 
 
MOTION #63 Councilwoman Slavick moved to RE-ENTER INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER AT 8:47.  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 #64  Councilwoman Slavick moved to RETAIN CLAUDIA RYAN, ESQUIRE OF RYAN & SMALLACOMBE, PLLC TO INVESTIGATE A PERSONNEL MATTER. 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 #65 Supervisor Runion moved to APPROVE PLACING CHIEF OF POLICE, JAMES MURLEY, ON PAID ADMINISTRATIVE LEAVE PENDING THE PERSONNEL MATTER INVESTIGATION. 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 #66 Councilwoman Slavick moved to EXIT EXECUTIVE SESSION AT 9:25 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 #67  Councilman Pastore moved to ADJOURN THE TOWN BOARD MEETING OF FEBRUARY 6, 2007 AT 9:27 PM.  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


 
Respectfully submitted,
 
 
                                                                                    Rosemary Centi, RMC
                                                                                    Guilderland Town Clerk