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Town Board Minutes 03.18.2008
                                                                                                                                                                                                                  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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 PRESENTATION:  Guilderland High School Co- Ed Varsity Cheerleaders/National Champions.
 
 
Supervisor Runion welcomed the Guilderland HS Co-Ed Varsity Cheerleaders and stated that the Town of Guilderland would be honoring them for having won first place in their division, Large Level 5, and as National Champions for the third year.  The team also won the title of NCA Northeast Regional Grand Champions.
Councilwoman Patricia Slavick and Town Clerk  Rosemary Centi handed out certificates to the team.
The following received certificates:
Lauren Strumpf             Alexis Spiro                                        Michael Sparks
Lizzie Burger                            Guiliana DeAngelis                                 Kaylee O’Hanlon
Jill Rhoades                              Alyssa Cubello                                    Carissa Palmiotto
Stephanie Spiak               Kelly Fischer                                     Leah Valensi
Nicole Tassone             Paul Buchanan                                 Rachel Glock
Chelsea McPartlon                    Kasie Hepfinger                                 Mary Kate Nagy
Brittany Weir                            Macie Palmer
Jen Shickle                               Jen Kingsley
Sammi Marfurt             Jacquelyn Howland
Tae Kim                                   Kristina Marilla
Josiah Koehn                            Tony Denn
 
Coach Patty Palmer thanked the Board for the recognition.
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Break: 7:39
Returned:  7:50
 
 
 
 
 
 
 
 
 
 
MOTION #73  Councilman Pastore moved to APPROVE THE MINUTES OF THE MARCH 4, 2008 TOWN BOARD MEETING.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
                                                            Councilman Redlich                  Abstained –stating the minutes were the Town Clerk’s responsibility and the Board did not have a role with them.
                                                            Councilwoman Slavick            Aye
                                                            Councilman Pastore                 Aye
                                                            Councilman Grimm                   Aye
                                                            Supervisor Runion                    Aye
 
PUBLIC COMMENT PERIOD:
 
 Harry Mesick, expressed his concern with the disdain and lack of cooperation shown by the new Board members.
He asked why anyone would want to violate Civil Service Law and put the Town in jeopardy legally.
He also felt that the Supervisor had given everyone an equal opportunity to speak and asked that healthy debate was ok but that the Board needed to get to the business at hand and get the job done.
 
Ted Danz, Gardner Road, stated that the Town finally had a two–party government.
Change was encouraged. He further stated that the two new members were committed as was the rest of the Board.
He said that there was a need to get along, and that all Board members should make an effort work together.
He felt that the two candidates for Police Chief were good candidates but that we should make sure that we were doing due process in ensuring that we were getting the best out there.
 
 
AGENDA ITEMS: 
 
Tabled from March 4, 2008:
 
Item #1 on the agenda concerned setting a public hearing on a re-zone request of Amedore Homes, Inc. for premises located at 2969 West Old State Road (Tax Map 27.00-1-23) from R-30 to TH (Townhouse Dwelling Units) and R-30 to LB (Local Business).
Supervisor Runion clarified that the area to be re-zoned LB in the application should be modified to be re-zoned BNRP (Business Non-Retail Profession).
 
John Bossolini, for Amedore Homes, Inc. presenting.
 
Supervisor Runion asked about pricing and was told they would be between $325,000 and $350,000.
Supervisor Runion a read memo from the Town Planner, Jan Weston (P 36A) and a letter from a concerned resident, Mr. Frantzen. (P 36B)
 
Supervisor Runion asked that the applicant come back to the next meeting with a time frame for a remedy concerning the project referred to in the letter from Mr. Frantzen.
Board members asked questions regarding SEQR, square footage, style of the Town Homes and for documentation from the Army Corps. of Engineers.
 
 

MOTION #74  Councilman Redlich moved to SET A PUBLIC HEARING ON A RE-ZONE REQUEST OF AMEDORE HOMES, INC. FOR PREMISES LOCATED AT 2969 WEST OLD STATE ROAD (TAX MAP # 27.00-1-23) FROM R-30 TO TH (TOWNHOUSE DWELLING UNITS) AND R-30 TO BNRP (BUSINESS NON-RETAIL PROFESSIONAL) ON APRIL 1, 2008 AT 8:00 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 #75  Councilwoman Slavick moved to APPROVE AUTHORIZING THE SUPERVISOR TO FILE A GRANT APPLICATION WITH THE NYS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF SIDEWALKS ON CARMAN ROAD PURSUANT TO THE “SAFE ROUTES TO SCHOOL” PROGRAM.   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
The grant would be looking at sidewalks on both sides.  There is no Town match.
 
MOTION #76  Councilman Pastore moved to APPROVE AUTHORIZING THE DEPT. OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR GRANULATED ACTIVATED CARBON FOR THE YEAR 2008-2009.  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 #4 on the agenda concerned issuing a Notice of Completion of the Final Environmental Impact Statement for the Glassworks Village project.
 
Jim Shultz, attorney for the applicant, presenting.
Mr. Shultz stated that the applicant had complied with all of the Town Board’s requests, and with residents concerns for the project.
He further stated that they had received a letter objecting to the applicant’s plans to have a roadway, adjacent to the library property, into an area on Winding Brook Drive. (P 37A)
After subsequent meetings with the Library, the applicant has agreed to eliminate the roadway at their request.
 A supplement to the Final Environmental Impact Statement was issued.
The applicant was looking for the Town Board to issue a Notice of Completion of the FEIS, which stated that the applicant had done what they were charged to do.  The Town Board will be looking at the project again.
Mr. Shultz explained the timeline for the project.
 
MOTION #77  Councilman Redlich moved to APPROVE ISSUING THE NOTICE OF COMPLETION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE GLASSWORKS VILLAGE PROJECT.  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
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Discussion of Closed Captioning for televised meetings.
 
Councilman Grimm asked about the fiscal implications of having Closed Captioning.
 
Supervisor Runion stated that he had discussions with Time Warner and was told that the equipment could cost as much as $60,000.
There was some equipment that could be purchased for as little as $7,000 but it is not considered to be of an appropriate quality.
Also, there would be an ongoing cost of having the closed captioning done.
That would be an hourly charge that could run from $150.00 per hour to several hundred dollars per hour.
The charge for just doing the Town Board meeting could run upwards of $30,000 per year.
 
Supervisor Runion continued with further details concerning States that used closed captioning, cost and equipment needs.
Councilwoman Slavick asked if the Board had an idea of how many residents watched the meetings.
Supervisor Runion stated that they did not.
 
Councilman Redlich asked about transcription cost with posting on the Internet.
Councilman Grimm and Supervisor Runion asked for resident input regarding interest in the project.
 
 
 
NEW ITEMS:
 
Item # 6 on the agenda concerned authorizing the Supervisor to sign an encroachment agreement to maintain a shed and pool partially located on a storm water drainage easement.
Todd Gifford, Highway Superintendent, stated that the encroachment did not interfere with what the Town needed to do within the easement area.
MOTION #78  Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN AN ENCROACHMENT AGREEMENT TO MAINTAIN A SHED AND POOL PARTIALLY LOCATED ON A STORM WATER DRAINAGE EASEMENT.  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 # 7 on the agenda concerned issuing a Notice of Completion of the Final Environmental Impact Statement for the Northeast Industrial Park. 
Findings of Fact will be reviewed on April 1, 2008.
 
Mr. Steven Porter, attorney for the applicant, presenting. 
Mr. Porter stated that they had followed all of the necessary steps, and answered all of the questions that would allow the project to continue.  He stated that this was the preliminary step.
Councilman Redlich asked about the continuing process, and zoning changes that could be necessary.
Town Attorney, Richard Sherwood, stated that it would streamline the process and attract business.
Supervisor Runion stated that in order to avoid the issue of segmentation of the SEQR process, which isn’t permitted, the Zoning Board of Appeals, in order to avoid that issue, required that a Master Plan be developed for the entire park.  This would provide information regarding the total build out of the Park.
 
Councilman Redlich asked if there was a Master plan for the entire park.
 
Mr. Porter stated that the SEQR findings proposed a series of developments that have been looked at from an environmental perspective and, in general, it was found that the infrastructure could handle it. The process provided basic information to allow the Town Board to make decisions.  That information would be used to make suggested amendments to the zoning code.  Anything outside of that would be subject to further SEQR review.
 
MOTION #79  Councilman Redlich moved to ISSUE A NOTICE OF COMPLETION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE NORTHEAST INDUSTRIAL PARK.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:
                                                            Councilman Redlich                  Aye
                                                            Councilwoman Slavick            Aye – Thanked the applicant for addressing all of the comments and concerns submitted.
                                                            Councilman Pastore                 Aye – commended the applicant’s patience regarding the issue.
                                                            Councilman Grimm                   Aye
                                                            Supervisor Runion                    Aye
 
 
MOTION #80  Councilman Redlich moved to AWARD THE BID FOR YARD WASTE GRINDING AND REMOVAL AT THE TRANSFER STATION PURSUANT TO THE RECOMMENDATION OF THE SUPERINTENDENT OF THE TRANSFER STATION.  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 Pastore moved to WAIVE THE BUILDING PERMIT FEE FOR THE CONSTRUCTION OF THE PAVILION IN DICAPRIO PARK.  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
The Pavilion is to be constructed by the soccer leagues on Town property for the Town’s recreational programs.
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Discussion regarding position of Police Chief:
 
Councilman Grimm stated that this was an opportunity to discuss important issues regarding the hiring of the next Police Chief.
He stated that he would be looking at the following issues:
That the new Chief be able to embrace the new technology, quantification, counting the things that matter the most and having the officers spending the time on what matters the most, and that leadership was critical, one who pulls the officers together regarding productivity and morale.
 
Councilwoman Slavick stated that she would be looking for a Police Chief that would carry out policies and procedures of the department and the Town, and if the officers did not abide by that, he/she would take them to task.  She would also look for administration skills.
She further stated that the Chief would be responsible for 32 – 34 officers and that they have to be aware of all of the policies and be very organized with organizational skills.  She said that being an administrator rather than an individual contributor was very different with a different set of skills necessary.
 
Councilman Redlich asked for the specific role of the Police Chief.  He asked if the role of the Chief was making policy for the police department.  He also asked if the Chief supervised the Dispatchers.
 
Supervisor Runion stated that the Telecommunications Unit, as well as Animal Control, falls under the jurisdiction of the police department and they worked closely with the Paramedics.
 
Councilman Redlich asked if the Police Chief was the direct authority of the EMT’s.
 
Supervisor Runion stated that chain of authority was the Director of EMS, the Police Chief and Supervisor.
 
Councilman Redlich asked if the Chief has the power to hire and fire and Supervisor Runion told him he did not.
He also asked to what extent should education be a factor in the hiring of the Chief of Police.
 
Supervisor Runion stated that he did not believe there was an objective approach to those types of qualifications and that each Town Board member should make their own decision as to what they believe is more important.
Councilman Redlich asked if there is anything else that the department is doing.
 
Supervisor Runion stated that Councilman Redlich should speak to the department regarding those issues.  Board members should educate themselves.
 
Discussion was held regarding advertising for the position, Civil Service Rules and the requirements and qualifications for the position.
Supervisor Runion explained that because of the rigorous requirements and qualifications for the position, the list is rather limited.
There were two police officers that had taken the promotional exam and had submitted resumes, there would be an open competitive exam also given from which they could select.
The third alternative would be a lateral transfer from someone who has taken the open competitive exam.
Supervisor Runion also stated that if Board members had candidates they should submit names and if they had suggestions for further advertising ideas they should recommend them.
 
Councilman Grimm asked that further ads be placed in statewide publications.
 
Supervisor Runion stated that further advertising was fine but that the process should proceed quickly.
 
Councilman Redlich asked that ads be placed in the Times Union and the Gazette.
 
Supervisor Runion stated that he would place an ad wherever Board members would like.
 
Councilman Redlich asked what kind of policy the Police Chief would make.
He also asked who would make the policy for the department.
 
Supervisor Runion stated that the Town had a book of rules of procedures and policies, which was followed by the police department and that was certified by an outside source.
 
Councilman Redlich asked Sergeant Gary Lee who would make policy in the department and Sergeant Lee stated that he believed the Police Chief would.
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Councilwoman Slavick, liaison to the Traffic Safety Committee, provided an update on the Johnson Road rehabilitation project with an interest in the sidewalk situation.
 
 
 
 
 
 
 
 
 
MOTION #82  Councilman Pastore moved to ENTER INTO EXECUTIVE SESSION AT 9:28 PM RE:
CSEA UNIT A CONTRACT NEGOTIATIONS.  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 # 83  Councilwoman Slavick moved to EXIT EXECUTIVE SESSION AT 11:03 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
 
MOTION #84  Councilman Pastore moved to ADJOURN THE TOWN BOARD MEETING OF MARCH 18, 2008 AT 11:05 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