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Town Board Minutes 04/20/2010
REGULAR TOWN BOARD MEETING                              APRIL 20, 2010

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 Redlich
                                        Councilwoman Slavick
                                        Councilman Pastore
                                        Councilman Grimm
                                        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 accepting the minutes of the April 6, 2010 Town Board meeting.

MOTION #74 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE APRIL 6, 2010 TOWN BOARD MEETING.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Abstained – Stated that there was a correction to Motion #65 on page 46.  He had voted in favor.
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Supervisor Runion reminded residents of Electronics Waste Day (Earth Day) at Taft’s on April 24th, 2010 for electronics equipment recycling.
Vehicle registrations will be required to obtain the paper pass needed to participate.

Item # 7 on the agenda, a re-zone request from Business Non-Retail Professional (BNRP) to Local Business (LB) had been withdrawn without prejudice.

Supervisor Runion also announced the expansion of the recycling program at the Guilderland Transfer station. They will be accepting plastic containers numbered 4-7.  They had been accepting only up to #3.
New recycling flyers will be made available on the Town’s web site, the transfer station and at Town Hall.  
He also stated that over the past year or so there had been some misinformation concerning an agreement that was entered into by the Town.   That it was an agreement for the expansion of the Albany County landfill. In fact, the agreement that was entered into by the Town for solid waste management was one that was entered into for the recycling program being discussed this evening.  Part of this partnership was the creation of a web site www.capitalregionrecycling.com.  This site will have information on the Town’s recycling program and others.

PUBLIC COMMENT PERIOD:  No public comment

PUBLIC HEARINGS:
7:30 PM – Section 8 Housing Assistance Program
Town Clerk, Rosemary Centi, read the legal notice
Mr. James Mastrianni, presenting for Section 8 Housing Choice Voucher program, offered the summary for the Plan.
(P 50A)
Mr. Mastrianni explained that the program has been available in the Town of Guilderland for a number of years. There is no Town funding involved, only Federal monies.  About 100 families could be helped with the program providing for the elderly, disabled and low income families. All would be Guilderland residents.
Board members asked questions regarding the program.
Supervisor Runion thanked Mr. Mastrianni for his clear summary and the good job that was being done in the Town.
All documents are available in the Town Clerk’s office.

MOTION #75  Councilman Redlich moved to CLOSE THE PUBLIC HEARING ON SECTION 8 HOUSING CHOICE VOUCHER PROGRAM.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Agenda Item:                                    
MOTION #76  Councilwoman Slavick moved to SET A PUBLIC HEARING ON THE ESTABLISHMENT OF WATER DISTRICT NO. 74 (Woodsfield Estates) ON MAY 18TH, 2010 AT 7:30 PM.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #77  Councilwoman Slavick moved to ADOPT A RESOLUTION AUTHORIZING THE SUBMISSION OF THE JOINT APPLICATION FOR PERMIT AND APPLICATION FOR A PUBLIC WATER SUPPLY PERMIT FOR WATER DISTRICT EXTENSION NO.74 TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #78  Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH TECHNICAL BUILDING SERVICES, INC. FOR BUILDING MAINTENANCE SERVICES.  Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

8:00 PM PUBLIC HEARING – Establishment of Water District No. 79 – Ostrander Road.
Town Clerk, Rosemary Centi, read the legal notice.

Supervisor Runion stated that this extension would be taking care of 6 lots on Ostrander Road. The extension is being paid for by the lots receiving the water.
MOTION #79  Councilwoman Slavick moved to CLOSE THE PUBLIC HEARING ON THE ESTABLISHMENT OF WATER DISTRICT #79. (Ostrander Road)
Councilman Pastore seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #80  Councilman Redlich moved to ADOPT THE RESOLUTION APPROVING  ESTABLISHING WATER DISTRICT EXTENSION #79 TO THE GUILDERLAND WATER DISTRICT IN THE TOWN OF GUILDERLAND, COUNTY OF ALBANY, STATE OF NEW YORK, PURSUANT TO ARTICLE 12 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 Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #81  Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN AN ESCROW AGREEMENT RELATIVE TO WATER EXTENSION NO. 79.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #82  Councilwoman Slavick moved to AUTHORIZE THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR THE SALE OF SURPLUS EQUIPMENT.  Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Item #4 on the agenda concerned authorizing the release of $2,649,228.66 plus accumulated interest from March 31, 2010 to the New York State Department of Transportation collected by the Town for the Northern Corridor Flyover Bridge.
Supervisor Runion explained that this bridge goes over I 87 and exits into the Crossgates Ring Road.
The money had been collected since 2000.
The agreement, which dates from the 1990’s, stated that the State maintain the bridge and the Town would collect ten payments of $230,000 each year. The money would be paid to the Department of Transportation.  This would be a one-time payment.

MOTION #83  Councilwoman Slavick moved to AUTHORIZE THE RELEASE OF $2,649,228.66 PLUS ACCUMULATED INTEREST SINCE MARCH 31, 2010 TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION COLLECTED BY THE TOWN FOR THE NORTHERN FLYOVER BRIDGE.  Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Item #5 on the agenda concerned authorizing the Supervisor to retain the services of Marvin & Co. to perform auditing services pursuant to a federal requirement.  In the past, the Town had to be audited because of the federally funded Section 8 Choice Voucher Housing Plan.
This was a single program audit paid for by HUD.
In 2009, the Town had received additional monies due to the ice storm that had occurred.  This triggered a more detailed audit.  
This had gone out for Request for Proposals and they were the lowest bidder out of four submitted.  Their fee is $15,700.00 for the Town audit and $3,250.00 for the Section 8 Housing Audit.

MOTION #84  Councilman Redlich moved to RETAIN THE SERVICES OF MARVIN & CO. TO PERFORM AUDITING SERVICES.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #85  Councilman Redlich moved to AUTHORIZE THE EXPENDITURE OF $15,700.00 FROM THE UNEXPENDED BALANCE .  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Item #6 on the agenda concerned adopting a resolution approving modifications by the Town of Guilderland Industrial Development Agency of bonds issued for the YMCA project.

Mr. Fred Denefrio, Chief Fiscal Officer for the YMCA, stated that this was a $5,250,000.00 ten year bond which is coming due.  They wanted to extend the bond for three years.
All payments have been made in a timely manner.  The liability is on the applicant.

MOTION #86  Councilman Redlich moved to ADOPT A RESOLUTION APPROVING MODIFICATIONS BY THE TOWN OF GUILDERLAND INDUSTRIAL DEVELOPMENT AGENCY OF BONDS ISSUED FOR THE YMCA PROJECT.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Item #8 on the agenda concerned setting a public hearing on a request of Hamilton Union Church for an easement for parking and ingress and egress in regard to the Schoolcraft House parking area.
Supervisor Runion explained that in the early ‘90’s Hamilton Union Church had a contract to purchase the Schoolcraft House.  They planned to level the house and install a parking lot with access to Schoolcraft Street.
Because of the historic significance of the Schoolcraft House, the Town was substituted as the purchaser of the house with an agreement with the Church that they would be able to use the parking lot for ingress and egress for withdrawing from their agreement to purchase the house.
He further stated that it had come to his attention that there was no formal agreement between the Town and Hamilton Union Church.  The Church was asking for a more formal agreement.
Wayne Goodnow, member of Hamilton Union Presbyterian Church, gave further history of the agreement.
Pastor Paterson also gave some information relative to the need for the agreement.

MOTION #87  Councilman Redlich moved to SET A PUBLIC HEARING ON A REQUEST OF  HAMILTON UNION CHURCH FOR AN EASEMENT FOR PARKING AND INGRESS AND EGRESS IN REGARD TO THE SCHOOLCRAFT HOUSE PARKING AREA ON MAY 18, 2010 AT 8:00 PM.

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

MOTION #88  Councilwoman Slavick moved to ADJOURN THE APRIL 20, 2010 TOWN BOARD MEETING AT 8:32 PM.  Councilman Redlich seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Aye
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye