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 3, 2008 Organizational meeting.
MOTION #38 Councilwoman Slavick moved to APPROVE THE MINUTES OF THE JANUARY 3, 2008 ORGANIZATIONAL MEETING AS AMENDED. Councilman Grimm 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 – Councilman Pastore asked if there were proposed changes to the minutes that the board remembers receive them prior to the meeting.
Supervisor Runion Aye
PUBLIC COMMENT PERIOD – NO PUBLIC COMMENT
AGENDA ITEMS:
Item #1 on the agenda concerned the appointments of the election machine custodians and Party Representatives.
Town Clerk, Rosemary Centi, explained to Councilman Grimm that machine custodians are responsible for the set up and the maintenance of the election machines for Primary and General Election Day. The Town Party Chairpersons submitted the names to the Town Board for approval.
She answered questions regarding the number of machines currently in use and salary amounts for the appointees.
MOTION #39 Councilman Pastore moved to APPROVE THE APPOINTMENTS OF THE FOLLOWING PERSONS FOR THE CONDUCT OF PRIMARIES AND ELECTIONS FOR THE YEAR 2008:
a. MACHINE CUSTODIANS – WILLIAM COOK (R), MICHAEL HOTALING (R), ABEL PALMA (D) AND CHARLES ARCOLANO (D)
b. PARTY REPRESENTATIVES – JAMES BRUCE (R) AND THOMAS ROBERT (D).
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 #40 Councilman Redlich moved to APPROVE THE APPOINTMENT OF MICHAEL BORGES AS A MEMBER OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. 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 #41 Councilman Pastore moved to APPROVE THE RELEASE OF ESCROW HELD FOR BENTWOOD 2C SUBDIVISION, SPYGLASS COURT PER RECOMMENDATION OF THE TOWN DESIGNATED ENGINEER (BOSWELL ENGINEERING). 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
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Item # 4 on the agenda concerned the installation of a stop sign at the intersection of Curry Road Extension and Kings Road per the recommendation of the Traffic Safety Committee.
Councilwoman Slavick, liaison to the Traffic Safety Committee, spoke on the issue and explained that it was brought to the attention of the committee through a phone call to the Highway Department from a Times Union traffic reporter who had been contacted by a driver.
She stated that the issue at the intersection was that there were two legs going up into the Curry Road Extension and there was no signage there.
It was determined that since the predominant traffic was from the East, Albany, the recommendation was to put a stop sign at the proposed site, making the main thoroughfare coming from the East, with the traffic from the West having to stop.
Councilman Redlich expressed his concern that there was as similar site at the intersection of Veeder and Johnston Road and that the perhaps the Town should be looking at the Highway design rather than signage.
Supervisor Runion stated that his concern should be brought to the attention of the Highway Department where it would be placed on the Traffic Safety Committee agenda.
He further stated that there was a representative from the Highway Department on the committee who extensively reviewed recommendations along with a civilian representative and someone from the Police Department.
Councilman Redlich expressed his concern that the stop sign was not addressing the traffic safety issue and felt that a thorough review by the Highway Department was necessary.
Supervisor Runion stated that the Foreman of the Highway Department has reviewed the issue and that he recommended this to the Superintendent of the Highway Department.
Councilman Pastore asked if Councilman Redlich was suggesting that the installation of the stop sign as proposed by the Traffic Safety Committee would create a more perilous and dangerous condition than what currently existed.
Councilman Redlich stated that it potentially could and that this put the Town on written notice of a potentially dangerous condition.
Councilman Pastore stated that this is the reason for the Traffic Safety Committee.
They were the custodians of the concerns raised by residents of the Town.
He further stated that the committee met with representatives of the Highway Department and their recommendation to the Town Board was to install a stop sign.
If not installed, the condition, which might arguably, currently exists as being dangerous, might become more dangerous.
He further stated that he did not believe that the committee was recommending to this Town Board or had ever recommended to this Town Board that the installation of a stop sign would cure all potential perils at an intersection.
He disagreed with Councilman Redlich’s conclusion that the Town might suffer liability if the sign were installed and further stated that the felt that the Town would suffer potentially more liability if they did not act upon the recommendation of the Traffic Safety Committee.
Councilman Redlich stated that putting in the stop sign did not sufficiently fulfil their duty as Board members and that a professional civil engineering firm should look, not only at this intersection, but also the intersection of Veeder and Johnston Road.
He also stated that he did not believe the intersection at Curry Road Extension and King’s Road was dangerous.
Councilwoman Slavick stated that she had been at the intersection to watch the flow of traffic and determined that the stop sign was necessary.
Councilman Redlich asked why a stop sign was necessary when a yield sign would accomplish what was looking to be accomplished.
Supervisor Runion stated that the stop sign was more effective way of controlling the intersection, which was why the recommendation was made.
A yield sign, while defines what the right of way is, allows a car to go through the yield sign and they may not necessarily stop.
With a stop sign, they would stop. He also stated that the Highway Department followed the NY Code of Rules and Regulations regarding the issue.
Councilman Grimm asked what evidence did the Board have that it was a dangerous intersection.
Supervisor Runion stated that the Highway Department had reviewed it and Councilwoman Slavick, as liaison to the Traffic Safety Committee, stated that it was uncontrolled on both sides.
Councilman Redlich asked if there had been accidents at the intersection and further stated his concern that they had been placed on written notice and the Town could be held liable.
Councilman Pastore asked what evidence Councilman Redlich had that the Town had been put on written notice that it was a dangerous condition as it currently existed?
He further stated that it might be a recommendation that the stop sign would improve safety of that, but to suggest that it was a dangerous condition, as it currently exists, he was not sure that there was evidence of that.
Town Clerk, Rosemary Centi, stated that the Town did not receive any Notice of Defective Highway for the intersection.
Councilman Redlich felt that the recommendation could potentially be used against the Town and that the Town should have an inspection of the intersection by qualified engineers.
Councilman Pastore asked if Councilman Redlich was suggesting that by putting a stop sign at the intersection the Board was advocating that it would make the intersection more dangerous than what currently exists.
Councilman Redlich stated that they were not competent to make the decision and that the Town should hire a profession engineering firm.
Councilwoman Slavick asked how a stop sign would make the intersection unsafe.
Councilman Grimm asked for more data from the Committee.
MOTION #42 Councilwoman Slavick moved to APPROVE THE INSTALLATION OF A STOP SIGN AT THE INTERSECTION OF CURRY ROAD EXTENSION AND KINGS ROAD PER THE RECOMMENDATION OF THE TRAFFIC SAFETY COMMITTEE. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Opposed –believes the Town has an obligation that professional engineers should review the intersection and that a yield sign would be more appropriate
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Councilman Redlich moved that THE TOWN APPOINT A PROFESSIONAL ENGINEER TO REVIEW THE INTERSECTION OF CURRY ROAD EXTENSION AND KINGS ROAD AND THE INTERSECTION ON VEEDER ROAD AND JOHNSTON ROAD TO SEE IF THOSE INTERSECTIONS WERE SAFE AND/OR IF, IN THE SUPERVISOR’S OPINION, THE TOWN DOES NOT HAVE THE POWER TO DO THAT, TO REQUEST THAT THE COUNTY DO SO IN WRITING SO THAT THE COUNTY IS ON WRITTEN NOTICE OF DANGEROUS AND DEFECTIVE CONDITIONS AND THEIR OBLIGATION IS THEN CLEAR.
Councilwoman Slavick asked if the Town were to look at two, shouldn’t the Town look at all.
Councilman Redlich asked if the Town had the power to appoint an engineer to review the intersections and Supervisor Runion stated that they did but that there was no money in the budget to retain them.
Councilwoman Slavick asked if the Board could get the opinion of the Highway Department before hiring an engineer and Supervisor Runion agreed.
Councilman Grimm asked for more information and a basis of the conclusions of the Traffic Safety Committee.
Further discussion was held with Councilman Redlich offering a new motion.
MOTION #43 Councilman Redlich moved TO REQUEST THAT THE HIGHWAY DEPARTMENT REVIEW THE SAFETY OF THE DESIGN OF THE INTERSECTIONS OF CURRY ROAD EXTENSION AND KINGS HIGHWAY AND OF VEEDER ROAD AND JOHNSTON ROAD AND ALSO THE INTERSECTION OF GUN CLUB ROAD AND WESTERN AVENUE IN ALTAMONT TO SEE WHETHER THE TRIANGLE FORM OF THE FIRST TWO OF THOSE INTERSECTIONS WAS SAFE AND WITH GUN CLUB AND WESTERN WHETHER, WHERE THE ANGLE OF THE TWO ROADS MEET, THERE WAS A SAFER WAY TO DESIGN THAT INTERSECTION, NOT JUST SIGNAGE, BUT THE ACTUAL LAY OF THE ROADS. THE HIGHWAY DEPARTMENT SHOULD REPORT TO THE TOWN BOARD WITH THEIR FINDINGS. 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
Item # 5 on the agenda concerned the installation of stop signs on Penney Lane at the intersection of DiBella Drive and on Penney Lane at the intersection of Timothy Lane.
Councilman Redlich stated that he did not understand the purpose of the stops signs.
Councilwoman Slavick stated that there were placed at the request of the residents and to make them consistent with the other town streets.
Town Clerk, Rosemary Centi stated that there was a major concern with the neighbors over the speeding going on and that they wanted traffic slowed.
Councilman Redlich asked about the concerns.
Discussion was held.
MOTION #44 Councilwoman Slavick moved TO INSTALL A STOP SIGN ON PENNEY LANE AT THE INTERSECTION OF DIBELLA DRIVE AND ON PENNEY LANE AT THE INTERSECTION OF TIMOTHY LANE. 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 – based on recommendation of the traffic safety committee.
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Item # 6 on the agenda concerned the housekeeping changes to the employee manual as recommended by Human Resources.
Ted Ausfeld, former town employee, complained about the new manual and the changes made.
He felt that the Board should take a closer look at the manual.
Councilman Redlich had questions regarding sick time.
Supervisor Runion clarified.
MOTION #45 Councilman Redlich moved to APPROVE THE HOUSEKEEPING CHANGES TO THE EMPLOYEE MANUAL AS RECOMMENDED BY HUMAN RESOURCES. 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 #46 Councilman Pastore moved to APPROVE THE APPOINTMENTS OF JANET THAYER (I), CHRISTOPHER KNAUF (C), AND ROBERT HILT (D) TO THE TOWN’S ETHICS BOARD. 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 # 8 concerned a proposal from Councilman Redlich called “Department Head sessions at Town Board Meetings” that would require specific Town department heads identified in the proposal to appear before the Town Board at televised meetings for the purpose of answering questions from Town Board members.
Councilman Redlich read his proposal:
He requested that the Supervisor put the proposal on the agenda and suggested that it be called “Department Head Sessions at Town Board Meetings”.
He proposed that there be scheduled sessions at the end of each Town Board meeting from February into June where a department head would come in as the last item on the agenda after any public hearings, if there were any.
There would then be a discussion between the department head and the Board.
This would be a part of the Town Board meeting televised to residents.
The department head would be welcome to make a presentation at the beginning but would not be required to do so. The Board members would ask questions
This would help the Board members and interested residents learn more about what each department does and would help the Board members monitor the departments. The department could bring one or more staff members.
He suggested a rough schedule.
Supervisor Runion stated that he had some issues with the proposal.
One, that each and every department head is available to meet and discuss any issue that a Town Board member may have with respect to the department.
Either to educate themselves as to how the department operates or with respect to any issues from town residents that may possibly need to be addressed.
Many Town Board members have taken advantage of that.
Also, the Highway Superintendent and the Receiver of Taxes are elected officials and not considered to be department heads and would fall under different rules under the law.
Councilman Redlich stated that he did not require anyone to appear in his proposal and that if they could not be required he would invite them.
Supervisor Runion further stated that this was his second issue.
Department Head had rights and if they were brought before the Board they would have the right to be represented and compensatory time off, which would be another requirement pursuant to Civil Service Law.
He expressed his concern with how detailed the questioning would become with regard to the fact that department heads are not public figures and the Board may find that they are violating the employees rights to privacy or possibly rights concerning libellous comments that could be made back and forth.
He felt that there should be control as to the questioning.
He also had a problem with the fact that not all of the department heads were being requested to come in and that it appeared to be a selective process or what could be determined as a discriminatory process, the Board could run afoul of EEOC rules and regulations and subject the Town to some liability under those provisions.
Councilman Grimm stated that none of the Supervisor’s legal arguments were valid.
He felt that department heads could be asked to come in voluntarily before the Board with a process that should be followed.
Councilman Redlich stated that he would like to see them and ask them questions in front of the Board.
Councilman Pastore asked if the department heads were available to the general public and to communicate with them.
Supervisor Runion stated that they were.
Councilman Pastore asked if the suggestion be that it be mandated or voluntary.
Councilman Redlich stated that his proposal was, with the Highway Department Superintendent and the Receiver of Taxes be invited to appear and therefore not advised of their right to counsel and for the other department heads be required to appear on the schedule that he had proposed. He further stated if someone couldn’t appear on that date they could change the date but that they are required to appear before the Town Board.
Councilman Pastore asked if with the exception of the Superintendent of Highway or the Receiver of Taxes, the proposal was that the other department heads be mandated to appear in front of the Town Board, televised.
He stated that they could appear in a conference room during budget hearings. He disagreed with the statement made that it was a cover-up and further stated that they had ample opportunities to meet with department heads.
Councilman Redlich stated that they should be televised; they get paid a lot of money and should answer questions from the Board.
Councilwoman Slavick stated that she had met with department heads a number of times with questions of her own and with questions from residents who came to her with concerns.
Councilman Pastore stated that department heads routinely came before the Board with proposals and information regarding their departments.
He asked for a clarification from the Town Attorney regarding mandating them to come before the Board.
Town Attorney, Richard Sherwood, stated that as a Board they could mandate their appearance but that they needed to be mindful of their civil service rights.
MOTION #47 Councilman Redlich moved to MANDATE THAT THE FOLLOWING DEPARTMENT HEADS APPEAR ON THE FOLLOWING SCHEDULE WITH THE EXCEPTION OF THE HIGHWAY SUPERINTENDENT AND THE RECEIVER OF TAXES, WHO WOULD BE INVITED TO ATTEND BUT NOT BE REQUIRED TO ATTEND.
THAT ON FEBRUARY 12th THE ASSESSOR BE INVITED TO APPEAR, ON MARCH 18TH THE DIRECTOR OF PARKS BE REQUIRED TO APPEAR, ON APRIL 1ST THE BUILDING, ZONING AND PLANNING DEPARTMENTS BE REQUIRED TO APPEAR, ON APRIL 15TH THE HIGHWAY DEPARTMENT BE INVITED TO APPEAR, ON MAY 6TH, THE DEPARTMENT OF WATER AND WASTEWATER BE REQUIRED TO APPEAR, ON MAY 20TH THE COMPTROLLER BE REQUUIRED TO APPEAR AND THE RECEIVER OF TAXES BE INVITED TO APPEAR, AND ON JUNE 3D THE HEAD OF SENIOR SERVICES BE REQUIRED TO APPEAR AND THAT THE SUPERVISOR, IN NOTIFYING THEM OF THESE REQUIREMENTS, ADVISE THEM OF THEIR RIGHT TO COUNSEL, IF THE SUUPERVISOR BELIEVES THAT THAT IS A REQUIREMENT OF THE CIVIL SERVICE LAW, AND THAT THEY BE
ADVISED OF THEIR RIGHT TO OVERTIME OR COMP TIME AS THE SUPERVISOR DEEMS APPROPRIATE AND THAT ALL TOWN BOARD MEMBERS BE ADVISED THAT THESE EMPLOYEES HAVE PRIVACY RIGHTS UNDER SECTION 50 OF THE TOWN LAW AND THAT THE TOWN BOARD MEMBERS BE CAREFUL WITH THEIR QUESTIONS SO AS NOT TO INVADE THE PRIVACY OF OUR TOWN EMPLOYEES.
Town Clerk asked what would happen if they refused to come.
Supervisor Runion stated that they would be disciplined for insubordination for a refusal to appear.
Councilman Grimm seconded the motion and it was defeated by the following roll call vote:
Councilman Redlich Aye - stating, “this was a vote for open government. If you vote yes for this vote you are voting for open government and if you vote against this vote you vote against open government”. “He voted for this proposal and for open government”.
Councilwoman Slavick Opposed – based on points outlined by the Supervisor and on her experience with one on one meetings with department heads, that the mission of what the department heads do is clearly outlined on the web and that she would continue doing what she did in meeting with department.
Councilman Pastore Opposed – stated, ” Well, the campaign of 2007 is over, but the crusade continues. As Mr. Redlich said, he has been elected to serve the people and suggests that one of the best ways to do that is to propose this motion. I have fundamental differences with the characterization, that one opposing this motion would in fact be opposed to open government. My cause, has just begun this evening, to, when appropriate, address those characterisations of the Town Board members in existence and those that preceded this Board, about the lack of, in Councilman Redlich’s opinion, of an open government.
The department heads are available by phone, E-mail and personal meeting. To mandate that each one of those department heads appear on those designated dates, and is not even a complete list of department heads, flies in the face of a point that there is an open government. Residents are welcome to come to Town Hall to ask questions of department heads, or members of the department”.
He further stated that, “department heads have appeared before the Town Board and that to mandate their appearance is beyond the call of this Board”.
Councilman Grimm Aye - stated that “we ran on open government and they would stand on open government”. He further stated that a vote against this motion was a vote against open government.
Supervisor Runion Opposed – he stated, “Councilmen Redlich and Grimm are travelling on a slippery slope of what is the difference of trying to educate the public and what is considered to be political retaliation. The genesis of this motion, when we start to say that presentations are optional and that employees will subject themselves to questioning for monitoring
purposes, is a means or a form of potential discipline with respect to those employees. He further stated that there was ample opportunity for Board members to educate themselves or the public to what a department head does and this had been taken advantage of in the past by a number of Board members.
If a department head wants to appear voluntarily in front of the Board he would welcome it. This was open government and he would encourage any department head that wanted to do that on a volunteer basis but to ask a department head to appear in front of what may be practice for a congressional committee he was opposed to”.
Secondly, he stated, “in mandating the appearance of employees before the Board and not providing them with tools to make the required presentation such as attorneys and other types of advice in appearing before committees is a mistake on the part of the Board with the potential of turning into a witch hunt rather than for educational purposes”.
MOTION #48 Councilman Redlich moved to APPOINT JEAN J. CATALDO AS DELEGATE TO THE ASSOCIATION OF TOWNS CONFERENCE TO BE HELD IN FEBRUARY AND PATRICIA SLAVICK AS ALTERNATE DELEGATE. 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 #49 Councilwoman Slavick moved to ENTER INTO EXECUTIVE SESSION AT 9:23 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 #50 Councilman Redlich moved to EXIT EXECUTIVE SESSION AT 11:07 PM. Councilman Grimm seconded the motion and it was carried by the following roll cal vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #51 Councilman Redlich moved to ADJOURN THE JANUARY 15TH, 2007 TOWN BOARD MEETING AT 11:08 PM. 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
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
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