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 approving the minutes of the January 15th, 2008 Town Board meeting.
A discussion was held among the Board members regarding protocol for placing items on the agenda and the assessment process.
MOTION #52 Councilwoman Slavick moved to APPROVE THE MINUTES OF THE JANUARY 15th, 2008 TOWN BOARD MEETING. 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
PUBLIC COMMENT PERIOD –
Doug Smith – McKown Road, thanked the Board members and the Town in general for being involved with the placement of sidewalks in the area and asked that they keep the momentum going. He would like to see sidewalks on the north side of Western Avenue.
He further stated, “I am very distressed by what I am seeing here. I feel that… and I have to direct this to Mr. Grimm and Mr. Redlich, you’re wasting the taxpayers money and I really want you to stop doing that”.
Don Reeb – Norwood Street and President of the McKownville Neighborhood Improvement Association, thanked Town Board members and Todd Gifford, Superintendent of Highways, for having done a “yeoman’s” work with making the Town a better place to live.
He further stated that the people in McKownville really appreciate it.
Agenda Items:
Item # 1 on the agenda was a Presentation in regard to a proposed volunteer veteran history program, which was tabled for a later meeting.
Item # 2 on the agenda concerned authorizing the Highway Department to go out to bid for various items used by the department during the 2008 calendar year.
Councilman Redlich asked for information regarding the intersection of Curry Road Extension and King’s Road.
Todd Gifford explained that it was not a Notice of Defect.
The information came to him from a blog to a Times Union reporter, Kathy Woodruff. A motorist had difficulty going through the intersection with regard to the right-of- way.
He explained to her that he would forward the e-mail to the Traffic Safety Advisory Board concerning the right-of - way issue.
No registered letter of a Notice of Defect was sent either to him or to the Town Clerk.
He further stated that it was a simple matter of determining right-of-way and that this was what the Traffic Safety Advisory Board had accomplished.
Councilman Redlich stated that the Town Board had asked the Highway Department to study the intersection to decide if it should be replaced with a “T” intersection.
He further stated that he had forwarded a page to Supervisor Runion and the rest of the Town Board from the Highway Design Manual of NYS, which indicated that “Y” intersections should be replaced with “T” intersection and that this was three “Y” intersections that could be replaced with one “T” intersection. He asked if Mr. Gifford had received this letter concerning replacing the “Y” intersection with a “T” intersection.
Mr. Gifford stated that he had, but that in order to make the intersection a “T” intersection it would cost tens of thousands of dollars and to study it would require hiring an engineer.
Mr. Redlich asked if, from Mr. Gifford’s experience, should the intersection be converted to a “T” intersection.
Mr. Gifford gave his opinion and stated that he studied the accident history and found that three accidents had taken place in the last three years.
He also stated that, in his opinion, while not being perfect, it functioned well as an intersection.
He explained that it came down to being a budgetary item and there was not capital money in the highway budget for this type of undertaking.
Councilman Redlich asked if Todd had to reconfigure intersections, this might not be the first one.
Mr. Gifford replied, again, that he would look at accident history first to see if it was warranted rather than just arbitrarily saying it should be changed because it was a “Y” intersection.
He stated that it has functioned properly over the years and that it was not the intersection that causes accidents but the drivers themselves.
Councilman Pastore asked Mr. Gifford if, based on his experience and personal opinion, the Traffic Safety Advisory Board made a recommendation to the Town Board, was it something that this Board, based on his opinion, should give credibility to?
He asked about the benefit of a stop sign versus a yield sign.
Mr. Gifford stated that the Advisory Board made the determination after much discussion and that he had discussed the issue with his highway foreman who was a member of the Advisory Board.
He further stated that he preferred a stop sign in this situation and stated that the Traffic Safety Advisory Board does a great job and that the Committee has denied numerous stop sign requests.
Councilwoman Slavick, member of the Traffic Safety Committee, reiterated that they had denied numerous stop sign requests and asked what would determine changing the intersection from a “Y” to a “T” intersection?
Mr. Gifford stated that he would look at a number of factors, accident history being a primary consideration. There were numerous studies regarding stop signs and after studying the situation, you do what is appropriate for the situation.
MOTION #53 Councilman Redlich moved to AUTHORIZE THE HIGHWAY SUPERINTENDENT TO GO OUT TO BID FOR VARIOUS ITEMS USED BY THE DEPARTMENT DURING THE 2008 CALENDAR YEAR. 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 #54 Councilman Pastore moved to APPROVE GRANTING PERMISSION FOR THE HOMEOWNER AT 3 PADEN CIRCLE TO CONSTRUCT A CARPORT/GARAGE ON A PORTION OF SANITARY SEWER EASEMENT PER RECOMMENDATION OF THE SUPERINTENDENT OF WATER AND WASTEWATER MANAGEMENT. 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 #55 Councilman Redlich moved to SET A PUBLIC HEARING ON THE AGENCY PLAN FOR THE TOWN OF GUILDERLAND SECTION 8 HOUSING CHOICE VOUCHER PROGRAM FOR THE FISCAL YEAR BEGINNING APRIL 1, 2008 ON APRIL 1, 2008 AT 7:30 PM. 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 #56 Councilman Pastore moved to APPROVE WAIVING THE BUILDING PERMIT FEE AT 403 VESPER COURT DUE TO THE RESIDENCE BEING DESTROYED BY FIRE. 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 #57 Councilwoman Slavick moved to AUTHORIZE THE SUPERINTENDENT OF THE TRANSFER STATION TO GO OUT TO BID FOR THE GRINDING AND REMOVAL OF YARD WASTE FOR THE YEAR 2008. 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 #58 Councilman Pastore moved to AUTHORIZE TWO HAZARDOUS WASTE DISPOSAL DAYS TO BE HELD AT THE HIGHWAY DEPARTMENT (MAY 17th, 2008 AND SEPTEMBER 20th, 2008 FROM 8AM – 2 PM) AND TO AUTHORIZE PARTICIPATION IN THE REGIONAL ELECTRONICS DAY HELD ON APRIL 26th, 2008 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 Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #59 Councilman Pastore moved to APPROVE AUTHORIZING THE FOLLOWING RESOLUTION FOR THE SUBMISSION OF A GRANT APPLICATION WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN THE AMOUNT OF $39,875.OO FOR THE CONDUCT OF TWO HAZARDOUS WASTE DAYS AND FOR PARTICIPATION IN THE REGIONAL ELECTRONICS COLLECTION DAY.
RESOLVED,
THAT THE TOWN BOARD OF THE TOWN OF GUILDERLAND HEREBY AUTHORIZES THE FILING WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF AN APPLICATION FOR GRANT ASSISTANCE IN THE AMOUNT OF $39,875.00 AGAINST A TOTAL PROJECT BUDGET OF $79,750.00 FOR THE CONDUCT OF TWO HOUSEHOLD HAZARDOUS WASTE DAYS (MAY 17TH AND SEPTEMBER 20TH) BY THE TOWN AND FOR THE TOWN’S PARTICIPATION IN THE COUNTY – WIDE ELECTRONICS COLLECTION DAY (APRIL 26TH).
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
As a result of confusion with the addresses of 6194 and 6194R Johnston Road with regard to mail delivery and as an E-911 address problem, Town Assessor, Carol Wysomski, asked the Board to approve the change of 6194R (property in the rear) to a private road, Menger Lane.
MOTION #60 Councilman Pastore moved to APPROVE THE DESIGNATION OF MENGER LAND AS A PRIVATE ROAD PER THE REQUEST OF THE ASSESOR AND PROPERTY OWNER. 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 #61 Councilwoman Slavick moved to APPROVE THE APPOINTMENT OF THOMAS DELEON AS DIRECTOR OF EMERGENCY SERVICES FROM THE ALBANY COUNTY CIVIL SERVICE LIST. 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 #62 Councilwoman Slavick moved to APPOINT JOHN THORNTON AS A PART TIME COURT ATTENDANT. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Recused himself
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Item # 12 on the agenda concerned the appointment of Joseph M. Normandin to the position of police officer as a lateral transfer to fill a vacancy, effective March 3, 2008.
Supervisor Runion explained the civil service status regarding a lateral move and that they had permanent civil service status.
Councilman Redlich asked if the position was advertised and Supervisor Runion stated that it had been. The police department notifies various agencies that there are openings.
Supervisor Runion explained that the police department has a committee for the review of the applicants. The recommendation comes from that review committee
Councilman Redlich asked to review all of the applicants and to table the item until the next meeting.
MOTION #63 Councilman Redlich moved to TABLE ITEM #12 ON THE AGENDA CONCERNING THE APPOINTMENT OF JOSEPH M. NORMANDIN TO THE POSITION OF POLICE OFFICER AS A LATERAL TRANSFER TO FILL A VACANCY. Councilman Grimm seconded the motion and it was defeated by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Opposed – stating that she was in favor of the appointment. She had been involved in the interview process with the police board.
The police board had presented this name to them after the screening process.
Councilman Grimm stated that he felt other applicants should have been interviewed and that the Board was presented with just one applicant.
Councilman Pastore stated the Board votes on the recommendation, but the police officers are the ones that serve with the individuals in the department and that some degree of deference and discretion should be given to the police department’s screening process which is conducted by the police themselves.
Supervisor Runion explained that the school board also has a screening process submitting a name for a vote.
Councilman Grimm stated that the screening process should have maybe three applicants that could be evaluated by the Board.
Councilman Pastore clarified verbiage stating that there was more than one applicant interviewed but only one selectee.
Councilman Redlich stated that under Town Law the Town Board votes for police officer.
Councilman Pastore Opposed
Councilman Grimm Aye
Supervisor Opposed
MOTION #64 Councilman Pastore moved to APPOINT JOSEPH M. NORMANDIN TO THE POSITION OF POLICE OFFICER AS A LATERAL MOVE TO FILL A VACANCY, EFFECTIVE MARCH 3, 2008. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye – stating under the circumstances he would normally vote no and would like to know who the other applicants were so he could make a better choice. However, given that he had heard good things about this officer and given that he had not been presented with any other choices he would vote for him. He requested that with any future appointments to any
office the Board be advised of all applicants.
Councilwoman Slavick Aye – after proceeding through the interview process with him.
Councilman Pastore Aye – in favor of the motion, but not in favor of the proposal submitted by Councilman Redlich that the names of all applicants to any position be brought before this Board.
Councilman Grimm Aye – stated that there was a compromise. It was good to have a screening process to narrow the list down but that it was inappropriate to say we have just one applicant to vote on. He felt that there should be some kind of standard where any screening committee recommends a number to the Board.
He further stated that he had no reason to vote no on this applicant.
Supervisor Runion Aye – very confidant in the screening process that is conducted and in the interviews that are conducted by the Town Board liaisons and the members of the police department in aiding the Board in the selection and recommendation of new police officers within the department.
Item # 13 on the agenda concerned the promotion of Officer Eric Batchelder to Sergeant in the police department from the Albany Civil Service list, effective February 25, 2008.
Councilman Pastore moved to APPROVE THE PROMOTION OF ERIC BATCHELDER TO SERGEANT IN THE POLICE DEPARTMENT. Councilwoman Slavick seconded the motion.
Councilman Grimm interrupted the motion to move into Executive Session and Councilman Redlich seconded the motion.
Councilman Pastore and Town Clerk, Rosemary Centi stated that there was one motion already on the floor and it needed a roll call vote first.
Councilman Redlich stated, ” I believe that the problem is that there is a personnel matter that’s going to be discussed and the personnel matter should be discussed in Executive Session before we vote on this. I think that if you want that discussion to occur in front of the public you can have that discussion occur in front of the public but I think it’s probably in the interests of everybody involved that the discussion take place in Executive Session, so I would ask that the motion be withdrawn so you can at least hear from Councilman Grimm why he would want to go into Executive Session.
Speaking as carefully as possible that there is a concern that might want to be heard, that can’t be heard, I don’t think it should be heard out in public but might have to be heard in public if we don’t consider this in Executive Session. Is that correct Mr. Grimm?”
Councilman Grimm stated, “Obviously we should talk about this first before we vote on it. We are limited in what we can say in public”.
Councilman Redlich said “I would ask that the motion be withdrawn so that we can discuss this in Executive Session”.
Councilman Pastore said,” Well, I’m being asked to withdraw a motion that was seconded without knowing all of the facts which would lead us into a second motion pertaining to a discussion in Executive Session, can there be any elaboration in general terms, are we talking about a personnel issue?”
Councilmen Redlich and Grimm stated that it was a personnel issue involving one of the candidates.
Councilman Redlich stated that it was a personnel matter involving one of the five candidates on the list that should be discussed in Executive Session because it involves the possible violation of department policy.
Supervisor Runion asked Councilman Redlich where he learned about the information.
Councilman Redlich stated that he heard of it from Councilman Grimm.
Supervisor Runion stated Councilman Grimm had information that none of the other Board members had and he wanted to know where the information came from because he felt that it was important before they entered into Executive Session that the Board know what the source of the information was or was it unsubstantiated rumors.
Councilman Grimm stated that it was a personnel matter and he wanted an Executive Session to discuss it.
Councilman Redlich stated that the problem with the disclosure of the source would create maybe the same problem that discussing this openly would create.
Councilman Pastore stated that the concern he had was that it was his understanding that the interviews and later discussion would lead up to a recommendation that were made by the screening committee which, in his understanding, was confidential and if breached would be a concern to him.
He asked for it to be discussed in general terms.
Councilman Redlich stated that it had nothing to do with the screening committee.
Councilman Pastore then asked for a clarification.
Supervisor Runion asked if they were recommending a possible violation of Town policy as far as he understood and asked if they were recommending as part of this, going into Executive Session and to consider some sort of disciplinary procedure.
Councilman Redlich stated No.
That it was something that they wanted to bring it to the attention of the Board and it would have been inappropriate to do so beforehand as it would be in violation of the Open Meetings Law.
Supervisor Runion asked why he was not advised in advance of this meeting of the information that Councilmen Redlich and Grimm had so that a proper discussion could be had.
He further reiterated that he would like to know the source of the information so that he would not be going into Executive Session based on unsubstantiated rumors.
Further discussion was held.
Councilman Pastore withdrew his motion regarding agenda item #13.
MOTION # 65 Councilman Redlich moved to ENTER INTO EXECUTIVE SESSION ON AGENDA ITEM #13 AT 8:57 TO DISCUSS A PERSONNEL MATTER. Councilman Grimm 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 Opposed
MOTION # 66 Councilman Redlich moved to ENTER INTO EXECUTIVE SESSION AT 8:58 RE: POSSIBLE LITIGATION MATTER. 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 #67 Councilman Pastore moved to APPROVE PROMOTING OFFICER ERIC BATCHELDER TO SERGEANT IN THE GUILDERLAND POLICE DEPARTMENT FROM THE ALBANY COUNTY CIVIL SERVICE LIST, EFFECTIVE FEBRUARY 25TH, 2008. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye – based on the interview process and the reading of the rule produced by Councilman Grimm
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #68 Councilman Pastore moved to RETAIN ATTORNEY CLAUDIA RYAN AT THE HOURLY RATE OF $175.00 AN HOUR AND AN INITIAL RETAINER AMOUNT NOT TO INITIALLY EXCEED THE AMOUNT OF $2,650.00 TO REVIEW THE LETTER OF PAUL CLYNE, ESQUIRE, DATED FEBRUARY 11, 2008 AND TO PROVIDE AN OPINION TO THE TOWN BOARD AS TO HOW TO ADDRESS THE CONTENTS OF THE LETTER AND TO COUNSEL THE BOARD AS TO HOW TO BEST PROCEED WITH THE PROCESS OF FILLING THE POSITION OF CHIEF OF POLICE OR POLICE COMMISSIONER IN VIEW OF THE ISSUES RAISED IN SUCH LETTER. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Opposed
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Opposed
Supervisor Runion Aye
MOTION #69 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 11:12 PM. 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
MOTIN #70 Councilman Redlich moved to ADJOURN THE TOWN BOARD MEETING OF FEBRUARY 12, 2008 AT 11:15 PM. 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
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
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