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 June 3, 2008 Town Board meeting.
MOTION #137 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE JUNE 3, 2008 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following a roll call vote:
Councilman Redlich Abstained
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD:
Good Evening. My name is Carol Wysomski, I reside at 2757 Curry Road and I am the Assessor for the Town of Guilderland.
I have worked for the town for 37 years and have worked under six different administrations. Four republican and two democratic. In all my years here, I have never experienced the non-support of a town board member as I have from Mr. Redlich and Mr. Grimm in the past 10 months. The integrity of the process of assessing has never been a question in Guilderland.
NYS mandates the assessment practices of all towns. The only time I would need approval from the town board is when I apply to NYS to do a revaluation and when our exemption limits need to be changed.
I have never gotten involved in partisan politics. I assess real property, not people.
With that said, I wanted our town board to know the outcome of Grievance Day, which was May 27th. We had 18 people appear before the Board of Assessment Review and another 20 grievance forms were filed. That’s 38 grievances out of 12,366 properties, which amounts to .003% or less than 1% of the town. In 2007 we had 32 grievances out of 12,312 properties, which was .0025%, again less than 1%.
I would like to state to Mr. Redlich and Mr. Grimm for the record, there is not a problem with the assessments in the Town of Guilderland and never has been. The process is not broken in this town and never was.
I believe Mr. Redlich and Mr. Grimm owe the residents of this town an apology for misinforming them of this untruth. What you have done is simply irresponsible. I feel you also owe my staff an apology. You have talked about open government and policy since you were elected to this board. I have a very open office and dedicated staff who are there to work with and assist the residents of this town. There are not too many assessors’ offices that call their seniors numerous times to remind them about their senior exemption and the deadline for filing. My staff does.
You have commented about the assessment practice, but neither of you have ever been to my office to sit down with me and discuss your concerns or ask questions, either during your campaign or after you were elected. If you had, you may have had a better understanding of the assessment process. I honestly don’t understand how you could go around making statements about the assessment process when you never bothered to ask any questions. I have watched the Town Board meetings and since the two of you have taken office I have come to the conclusion that it doesn’t matter what the Town Board may want to discuss or vote on, you both have resigned yourself to be against it for your own purpose. It may be time to put politics aside and work together to make Guilderland an even better place to
live.
Councilman Redlich stated that he had asked that department heads be available for questioning by the Town Board and it was voted against.
He stated that it was his belief that these things should be discussed before the Board and not in private.
He further stated that he had had a problem with the assessments of the property known as the Polito property, which is assessed at $500,000.00 and is 3.5 acres and the 15-acre parcel across the street assessed at $80,000.00.
Councilman Grimm stated that he had met with Carol Wysomski concerning his own assessment when he was a private citizen and felt the process treated him unfairly. That sparked his initial interest in running for the Town Board. He said when he visited 9,000 homes during the campaign he found many residents shared his view the assessment process was unfair. He said the question as to whether or not the town assessment process was unfair was answered resoundingly by voters in November --- that no, it wasn’t fair. Grimm said he had tried to move the Board to discuss the assessment process in order to improve it, but the board had resisted that attempt.
Supervisor Runion asked Councilmen Grimm and Redlich what was wrong with the assessment process. He asked for more details and specific examples about the assessment process and details concerning their comments that it was broken. He also asked what differentiated the assessment process in the Town of Guilderland from other municipalities. He asked for positive solutions, which he felt the Board had not received.
Councilman Redlich stated that the problem he was aware of was that there were a number of parcels of vacant land, large pieces of land, that were assessed for 10% of their value that he would like to get an analysis of.
He went on to give examples of properties that he had concerns with and that he felt were under assessed and stated that he had a list of between ten and twenty properties that had been under assessed.
He asked the assessment question be put on the agenda.
Item #1 on the agenda concerned the appointment of Lt. Curtis A. Cox to Captain of the Guilderland Police Department.
Supervisor Runion read a memo from Chief Lawlor and read the qualifications of Lt. Cox for the position.
Councilman Redlich asked about the administrative structuring of the Police Department and the difference between the position of Deputy Police Chief and Captain.
Chief Carol Lawlor explained that the position of Captain fits the duties and is more appropriate for what Lt. Cox had been doing. His duties would be a combination of Lt., and some of the duties as Deputy Chief and as Captain.
She, as Chief, would be more present and would be doing the duties that she had done as Deputy Chief.
She continued with an explanation of the difference between the two positions and that it makes it a clearer line of authority.
A discussion was held among Board members concerning the positions of Deputy Chief and Captain.
Supervisor Runion explained that this was a promotional position and that they qualified through experience and with taking a test.
He further explained that, in this situation, Lt. Cox was the only one who is qualified and had passed the test to qualify as Captain.
The Town had a review board put together by the Chief of Police (who does not sit on the review board, neither does the Supervisor) who interviews the respective candidates that have met the qualifications for the position and who have passed the test. That review board makes a recommendation, along with the two Town Board liaisons, after a number of applications have been reviewed and presents them to the Town Board who vote on the appointment.
Individual Town Board members do not micro manage the department.
Chief Lawlor stated that the Board was presented with the best of all those that were interviewed and there were approximately 15 who had been interviewed, after a long, thorough, and detailed process.
She further stated that the liaisons represented the Town Board.
Councilman Grimm stated his concerns with the town’s hiring process --- that too often the Board was receiving just one applicant for a job opening. He cited the appointment of a part-time court attendant in February who was the only applicant for the job and there was no advertising for the position.
Councilman Pastore clarified that as a liaison with the Police Department he and Councilwoman Slavick had met with more than one individual with the selection and had made certain recommendations along with the prior review process that was employed by the Police Department.
He further stated that there is deference given to the Police Department to review a number of applicants and to narrow it down to three or four.
The liaisons would come in and interview the remaining candidates and in conjunction with the Police Department make recommendations to the Town Board.
Supervisor Runion stated that Board members are given a list of eligible candidates that they could contact and question. It stated that the process works and has worked since the department was established in the 1970’s.
He further stated that the Police Department was highly professional and that the Police Review Board, which has administration, as well as a member of the Police Benevolent Association, and Town Board liaisons, does a tremendous job of interviewing potential candidates and making recommendations to the Board.
Supervisor Runion followed with a detail history of Lt. Cox’s service to the Town of Guilderland. He also attested to the fact that Lt. Cox has terrific administrative and organizational skills and was of great assistance to the Supervisor.
MOTION #138 Supervisor Runion moved to APPROVE THE APPOINTMENT OF CURTIS A. COX TO THE POSITION OF CAPTAIN WITHIN THE GUILDERLAND POLICE DEPARTMENT. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye - Stating that she had served on the Traffic Safety Committee with Lt. Cox for eight years and found him to be very thorough, articulate and professional and a good administrator. She further stated that public safety of our Town was his #1 priority.
Councilman Pastore Aye- Stating he was particularly impressed with his credentials and long standing devotion to the Police Department.
Councilman Grimm Aye- Stating
that he had legitimate concerns with the town’s hiring process --- with too often just one applicant for a position which wasn’t in the town’s interest. Grimm said the hiring process issue wasn’t Curtis Cox’s responsibility. He said that debate was for another night. He told Captain Cox it was “his night” and he supported his appointment. Grimm said he appreciated the combination of Cox’s police work and volunteer fire fighting. He told Chief Lawlor and Captain Cox he had an “open door” for them and that he was all about public safety. He said we just concluded a “healthy debate” over the police chief, but the debate is over and the new chief and captain had his support and he hoped they succeeded, because it was in the town’s interest for them to succeed. He pointed out that late notice regarding the swearing-in ceremonies for Lawlor and Cox prevented him from attending, which he had hoped to attend.
Supervisor Runion Aye - Congratulated Curtis Cox and his family on his appointment. He stated that a number of applicants had been thoroughly interviewed and it was obvious in the interviewing process that the Guilderland Police Department was well respected within the community and among other law enforcement entities. The Chief has received numerous letters with accolades for the Department. He continued by stating he was certain that Captain Cox would do a great job.
The swearing in ceremony was scheduled for the next day and the public was invited to
attend.
Captain Cox thanked the Board for their vote of confidence and to his family and friends and colleagues for their support and their vote of confidence.
He stated having additional positions in the Department gives every officer a chance to move up within the Department, which was good for morale of the Department. He thanked everyone again.
BREAK: 8:28 PM.
RETURNED: 8:39 PM
Items 2 and 3 on the agenda concerned authorizing the Supervisor to submit grant applications for the rehabilitation of the Guilderland Performing Arts Center and for the installation for sidewalks on Carman Road between Coons/Fuller Station Road and Lydius Street
Donald Csaposs, grant writer for the Town, answered questions regarding the grants.
MOTION #139 Councilman Redlich moved to APPROVE THE FOLLOWING RESOLUTION AUTHORIZING THE SUPERVISOR TO SUBMIT A GRANT APPLICATION PURSUANT TO THE ENVIRONMENTAL PROTECTION FUND TO REHABILITATE THE GUILDERLAND PERFORMING ARTS CENTER FACILITY.
Resolved,
That the Town Supervisor is hereby authorized to submit an application to the New York State Office of Parks, Recreation, and Historic Preservation under the Environmental Protection Fund “Parks Program” for a grant of $107,500.00 against a total project cost of $215, 000.00 for a project to rehabilitate and upgrade the Guilderland Performing Arts Center facility at Tawasentha Park.
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 #140 Councilman Redlich moved to APPROVE THE FOLLOWING RESOLUTION AUTHORIZING THE SUPERVISOR TO SUBMIT A GRANT APPLICATION PURSUANT TO THE TRANSPORTATION ENHANCEMENT PROGRAM FOR SIDEWALK CONSTRUCTION ON CARMAN ROAD BETWEEN COONS/FULLER STATION ROAD AND LYDIUS STREET.
Resolved,
That the Town Supervisor is authorized to submit a grant application to the New York State Department of Transportation under the “Transportation Enhancement Program” in the amount of $688,000.00 against a total project budget of $860,000.00 for a project to install sidewalks on Carman Road between Coons/Fuller Station Roads and Lydius Street.
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
Item # 4 on the agenda concerned awarding the bid on the West End Water Looping and Extension project to Vacri Construction.
Supervisor Runion stated that eight bids had been received and the winning bid came in at almost 2 million less than the estimate.
Mr. Hernandez stated that he had gone over the bid with Vacri and was satisfied that they would do a good job.
He explained that the company specialized in pipeline jobs, which accounted for the competitive bid and that he was very comfortable with the company.
William West, Superintendent of Water and Wastewater Management, also expressed his confidence in the company.
He further stated that the original Guilderland Taxpayer would not be paying anything more for this project.
Board members questioned Ed Hernandez, of Delaware Engineering, regarding cost to residents and the start and ending times for the project.
Supervisor Runion asked about the time frame and if some of the residents would be able to access water before all residents were hooked up.
Mr. Hernandez stated that the project would be starting in July of 2008 and that they had 18 months with which to complete the project and that some of the residents hooking up before the completion of the project was a possibility.
Councilwoman Slavick clarified that they did not need approval from the Comptroller’s office
Supervisor Runion clarified the numbers regarding the bid. The bid accepted was two million dollars less than anticipated. The overall project cost was now $5.36 million, down from $7.37 million. He further explained that the two million dollar savings was used to eliminate the $9.91 charge to town wide water users that was to have been applied to their water bill and an explanation of the debt service.
The amount to be charged to west end residents tapping into the system did not change. The tap-in fee remains at $1,750 and the yearly payment is $575 for debt service and water usage.
The project is expected to be completed in Fall 2009.
MOTION #141 Councilman Pastore moved to APPROVE AWARDING THE BID ON THE WEST END WATER LOOPING AND EXTENSION PROJECT TO VACRI CONSTRUCTION OF BINGHAMTON, N.Y. IN THE AMOUNT OF $3,960,000.00. 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 #5 on the agenda concerned entering into Executive Session in regard to the following matters:
a. Tax Certiorari settlements
b. CSEA Contract negotiations
Councilman Redlich questioned the reasoning behind entering into Executive Session for the discussion of the tax settlements.
Supervisor Runion and Town Attorney, Richard Sherwood explained that it would be to discuss litigation and settlement strategy, which should not be done in public.
Councilman Pastore also opined that strategies should not be discussed in public.
Further discussion was held.
MOTION #142 Councilman Pastore moved to ENTER INTO EXECUTIVE SESSION AT 9:28 TO DISCUSS, NOT ONLY THE SETTLEMENT STRATEGY PERTAINING TO THE TAX CERTIORARI MATTERS, BUT ALSO TO DISCUSS, IN EXECUTIVE SESSION, THE PROPOSED ASSESSMENT SETTLEMENTS REGARDING THE TAX CERTIORARI SETTLEMENTS.
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 Aye
Supervisor Runion Aye
MOTION #143 Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION AT 9:39 PM CONCERNING CSEA CONTRACT NEGOTIATIONS. 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 #144 Councilman Redlich moved to SETTLE THE TAX CERTIORARI CASE REGARDING JOSEPH CALABRO PER THE TOWN ATTORNEY’S RECOMMENDATION. 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 Aye
MOTION #145 Councilman Redlich moved to TABLE THE TAX CERTIORARI SETTLEMENT CASES REGARDING WALGREEN’S AND FULLER ROAD REALTY UNTIL JULY 8, 2008. Councilman Grimm seconded the motion and it was defeated by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Opposed
Councilman Pastore Opposed
Councilman Grimm Aye
Supervisor Runion Opposed
MOTION #146 Councilwoman Slavick moved to APPROVE THE TAX CERTIORARI SETTLEMENT OF WALGREEN’S AND FULLER ROAD REALTY PER THE RECOMMENDATION OF THE TOWN ATTORNEY. Councilman Pastore 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 #147 Councilman Redlich moved to EXIT EXECUTIVE SESSON AT 10:38 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 #148 Councilman Redlich moved to ADJOURN THE JUNE 17, 2008 TOWN BOARD MEETING AT 10:40 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
Guilderland Town Clerk
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