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
ABSENT: Richard Sherwood, Town Attorney
(Death in family)
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Supervisor Runion welcomed everyone to the evening's meeting.
Approval of minutes of June 19th, 2007. Tabled
PUBLIC COMMENT PERIOD -
Mari Mazzeo - 9 Birch Drive, expressed her concerns to the Board regarding ongoing construction on Birch Drive and Schoolhouse Road.
She stated that there were complications concerning restoration of property on Birch Drive to its original condition. Items such as seeding of lawns, driveways with no tapering of edges, unsafe construction equipment left on site and run off of newly seeded lawns.
She asked for some help from the Board.
Supervisor Runion clarified that it was a County project but that he would contact Albany County with her concerns and would also contact the Town's Highway Superintendent to make sure that no town roads had been affected.
Supervisor Runion further stated that he would provide a contact number to the residents.
Councilman Bosworth stated that there was a project site manager for the residents to speak with.
Diane Muraven - 3 Birch Drive also expressed her concerns and stated that she had been in touch with the County Highway Department and the engineer and has not seen anyone to date.
Joseph Gaglioti - 4 Birch Drive stated his concern for the safety of the children in the neighborhood, showing pictures of the area with alleged site hazards.
AGENDA ITEMS:
Item #1 on the agenda concerned authorizing the commencement of an action on behalf of the Town against the owner of 4379 Western Avenue for violation of the town code.
In a letter from Town Counsel to the Zoning Board of Appeals, Janet Thayer, items of the code violations were listed. (P 156A)
Supervisor Runion stated that there had been a number of efforts over a number of years to try and remedy the situation and that a number of notices had been sent with respect to the violations by the Zone Code Enforcement Officer.
MOTION #154 Councilman Ricard moved to AUTHORIZE THE COMMENCEMENT OF AN ACTION ON BEHALF OF THE TOWN AGAINST THE OWNER OF 4379 WESTERN AVENUE FOR VIOLATION OF TOWN CODE.
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 #155 Councilman Pastore moved to AWARD THE BID FOR TRANSPORTING AND DISPOSAL OF NOTT ROAD TREATMENT PLANT SLUDGE TO NEW ENGLAND ORGANICS, SOLE BIDDER. 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 #156 Councilman Pastore moved to APPROVE AUTHORIZING A WARRANT ADJUSTMENT FOR WATER AT 100 ARTHUR'S PLACE. 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 #157 Councilman Ricard moved to APPROVE AN OUT OF DISTRICT WATER CONNECTION FROM THE TOWN OF ROTTERDAM TO PREMISES COMMONLY KNOWN AS 733 COUNTY LINE ROAD. 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 #158 Councilwoman Slavick moved to AUTHORIZE THE SUPERVISOR TO GO OUT TO BID FOR SITE WORK AND ABUTMENT CONSTRUCTION FOR THE TAWASENTHA FOOT BRIDGE. 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 #6 on the agenda concerned awarding the bid for sidewalk construction.
Supervisor Runion stated that this involves three sidewalk projects:
1. Carman Road - This improvement runs from Lone Pine Road to Coons Road to be partially funded with a CDTC spot grant of $42,000.
2. Western Avenue - This improvement consists of a sidewalk in front of 1450 Western Avenue and intersection improvements at the Parkwood St. and McKown Road intersections. A multi-modal grant from Assemblyman McEneny of $142,500 and a $17,000 grant from Picotte Properties are available for this improvement.
3. McKown Road sidewalk - This improvement runs from Western Avenue to Woodscape Drive. A CDTC spot grant of $52,000 is available for this improvement.
In addition to the above funds, the town has available $49,000 in a sidewalk reserve fund.
The balance due for the above projects will be paid through a general obligation bond for capital projects consisting of the Tawasentha Park Bridge, Tawasentha Pool House improvements, and sidewalk improvements at a later date.
MOTION # 159 Councilman Bosworth moved to AWARD THE BID FOR SIDEWALK CONSTRUCTION IN THE AMOUNT OF $469,951.61 TO CALLANAN INC.
Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Item #7 on the agenda concerned adoption of the following resolutions in regard to Water District Extension NO.73, commonly known as the West End Water District Extensions.
Mary Beth Bianconi, Project Manager for the project, described the timeline for the project
(P 158A), and the report that had been compiled regarding archaeologically sensitive areas.
She further reviewed the necessary resolutions that the Board would need to pass in order for the project to proceed.
Supervisor Runion stated that on April 17, 2007, the Town Board conducted a public hearing regarding the extension and that public hearing was closed on April 17, 2007.
Also, the mitigation plan for the archaeologically sensitive areas along the waterline route was submitted to the State Historic Preservation Office on May 23, 2007 and no response has been received and over 30 days has expired.
The mitigation looked at five sensitive areas. (All Documents available in Town Clerk's Office)
Councilman Bosworth asked if the opinion of the archaeologists could be accepted and acted on and Ms. Bianconi stated that it could.
MOTION #160 Councilman Bosworth moved that THE PREPARED SEQR RESOLUTION OF COUNSEL UNDERTAKING THE CAPITAL IMPROVEMENTS RELATING TO THE WEST END WATER DISTRICT EXTENSION (#73) WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT THIS WAS BASED ON THE WETLAND MITIGATION FINDINGS THAT HAVE BEEN OUTLINED BY DELAWARE ENGINEERING, P.C., AS WELL AS THE MITIGATION PLAN WHICH HAS BEEN SUBMITTED TO THE STATE HISTORIC PRESERVATION OFFICE DETAILING MITIGATION PLANS WITH RESPECT TO ANY FINDINGS PURSUANT TO THE ARCHAEOLOGICAL STUDY THAT WAS UNDERTAKEN ON BEHALF OF THE TOWN. 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 #161 Councilman Bosworth moved to ADOPT A RESOLUTION AS PREPARED BY COUNSEL ESTABLISHING THE DISTRICT EXTENSION COMMONLY KNOWN AS WATER EXTENSION #73 SUBJECT TO A PERMISSIVE REFERENDUM PURSUANT TO ARTICLE 12A OF THE TOWN LAW OF THE STATE OF NEW YORK. 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 #162 Councilman Bosworth move to ADOPT A RESOLUTION AS PREPARED BY COUNSEL AUTHORIZING THE SUBMISSION OF THE JOINT APPLICATION FOR PERMIT AND APPLICATION FOR A PUBLIC WATER SUPPLY PERMIT FOR WATER DISTRICT EXTENSION #73 TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 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
Supervisor Runion stated that as has been indicated previously, the project will be funded through bonds that will be in the aggregate amount not to exceed $7,375,600.00.
The Town will not be borrowing the money until 2008, but in order that the project can continue and to publish an Estoppel notice, bond counsel has prepared a resolution.
MOTION #163 Councilman Bosworth moved TO ADOPT A RESOLUTION PREPARED BY BOND COUNSEL AUTHORIZING THE UNDERTAKING OF CAPITAL IMPROVEMENTS RELATING TO THE WEST END WATER DISTRICT EXTENSIONS, AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,375,600 OF THE TOWN OF GUILDERLAND, ALBANY COUNTY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR. 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 #164 Councilman Bosworth moved to ADOPT A PROFESSIONAL SERVICES AGREEMENT FOR WEST END WATER SYSTEM IMPROVEMENTS (EXTENSION #73) WITH DELAWARE ENGINEERING, P.C. NOT TO EXCEED $807,588.00. 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
Mary Beth Bianconi stated that, at this point, design work would proceed with an early spring 2007 bidding.
Construction would begin spring of 2008 with a two-year construction schedule.
Councilman Bosworth suggested a community meeting in the spring of 2008 to bring residents up to speed.
MOTION #165 Councilwoman Slavick moved to APPROVE CANCELLING THE AUGUST 21, 2007 TOWN BOARD MEETING. 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 #166 Councilwoman Slavick moved to APPROVE CHANGING THE DATE OF THE SEPTEMBER 18th , 2007 TOWN BOARD MEETING TO SEPTEMBER 20th, 2007 AT 7:30 PM DUE TO RESCHEDULING OF PRIMARY DAY BY THE STATE. 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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MOTION #167 Councilman Bosworth moved to ADJOURN THE TOWN BOARD MEETING OF JULY 10, 2007 AT 8:24 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
Councilman Bosworth and Town Clerk, Rosemary Centi, asked that anyone interested in being an election inspector contact the Town Clerk.
Respectfully submitted,
Rosemary Centi, RMC
Guilderland Town Clerk
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