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Town Board Minutes 12/16/2008
REGULAR TOWN BOARD MEETING                                                                                      DECEMBER 16, 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

Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the December 2, 2008 Town Board meeting.

MOTION #235  Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE DECEMBER 2, 2008 TOWN BOARD MEETING.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:
                                        

Councilman Redlich
Abstained
Councilwoman Slavick
Aye
Councilman Pastore
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye
                
Supervisor Runion spoke about the ice storm and its effect on the Town. He thanked all of the fire departments for their services and for their quick response during the early morning on Friday and throughout the days following the storm.
The fire departments were responsible for setting up two shelters for residents without power and food, which would be available until all power was restored in Town.
He also thanked the other emergency services in Town, including the telecommunicators who have been extremely responsive in answering questions from town residents regarding outages and such.

Supervisor Runion also thanked the Police Department, which worked on road closures and other emergency responses necessary, and the EMS services that made sure that the shelters were open and who were responsible for coordinating shelter activities.  The Town also elicited the aid of the Fire Prevention Department for operating the Town’s command center and taking the command center to the areas with power outages to make sure word got out about shelter space and to see what assistance could be rendered by the Town to those residents in need.

Councilman Grimm stated that he felt that in the future better communication was necessary by e-mail, web site and Town Crier.

Supervisor Runion explained that without power it was difficult to send messages.  The information was available as a banner on the web site from the beginning.

Councilman Redlich asked if a State of Emergency had been declared and what was done.

Supervisor Runion explained the process.
Councilman Redlich asked if this created any additional expenses for the Town.

Supervisor Runion stated that so far, the storm was costing the Town approximately $136,000.00.  The Town was waiting word from FEMA as to reimbursement, which depended on the severity of the storm and the amount of expenses that were incurred throughout the Capital District.

Councilman Redlich asked where the money was being spent.

Supervisor Runion explained that the money would go to overtime for emergency personnel, highway department personnel, and the cost of grinding materials from trees that had fallen at the Transfer Station.

Councilman Redlich asked for a breakdown of expenses and that the Town Board members should be notified of a State of Emergency.

PUBLIC COMMENT PERIOD:  No public comment

AGENDA ITEMS:

Item #1 on the agenda concerned the request of Store Away at Guilderland, LLC to locate an entry sign within the Wagner Road right of way.

Dan Hershberg, Hershberg and Hershberg, engineer appearing for the applicant, Store-Away of Guilderland on Wagner Road, explained the sign design and the need for placing it in the Town’s right-of-way for sight distance.

Discussion was held by board members regarding the proposed height of the sign, which would be eighteen feet high and approximately six feet wide.

Councilman Redlich asked that neighbors in the area be notified of the proposal before the Board voted.

Supervisor Runion stated that when the proposal went before the Zoning Board of Appeals they would be providing the proper notification to the residents pursuant to Town Law.  The purpose of this appearance was solely for a vote to allow the sign to be placed in the Town’s right-of –way.
Further discussion was held regarding site view.

Supervisor Runion again expressed concern regarding the height of the sign. He also asked Mr. Hershberg if he had spoken with the NYS Department of Transportation regarding a clearing permit to remove some foliage so that the sign could be shorter.

Councilwoman Slavick asked questions regarding lighting of the sign.

Councilman Pastore asked questions about the height and width and location of the posts holding the sign and their effect, if any, upon the sight distance of motorists in the vicinity of the sign.

Mr. Hershberg agreed to contact the NYS Department of Transportation regarding the clearing of some foliage to allow for a shorter sign.

Item tabled until conditions were met.


Item #2 on the agenda concerned the appointment of Officer Roger Ginder to the position of Sergeant in the Police Department pursuant to the Albany County Civil Service list and the recommendation of the Promotional Review Committee and the Chief of Police.
Councilman Redlich stated that he had a potential conflict of interest and recused himself.

Councilman Grimm asked how the opening came about.

Supervisor Runion explained that Sergeant Don Jones, who had been appointed several months ago, decided to resign from the position because he preferred to remain the canine officer and he could not hold both positions.

Councilman Grimm asked if there was a way so that you could be a canine officer and be promoted.

Supervisor Runion stated that part of the issue would be a payment of overtime as a Sergeant. The canine officer is called at all hours and it would substantially increase the overtime with a Sergeant’s pay.  There were a variety of issues that were addressed with having an officer as a canine officer and one as a Sergeant.
Officer Ginder would be giving up his status as a juvenile officer to become a Sergeant.

Supervisor Runion clarified that it was Sergeant Jones’ choice to resign from his position as Sergeant.

Councilman Pastore stated that all of those that were qualified did remarkably well in the interview process.

Councilwoman Slavick stated that four officers had been interviewed and thanked them for coming in to be interviewed. They all had years of service and were very well experienced and had a great dedication to our Town.  She also stated that it was a very hard decision.

Councilman Grimm asked to sit in on the interview board in the future to ask questions.

Supervisor Runion stated that the Police liaisons serve on the interview board and the Chief appoints the others.
He further stated that liaisons are selected on the basis of seniority.

Councilman Grimm stated that he had asked to be on the police liaison board.

Supervisor Runion stated that he selected the liaisons and that he selected on the basis of seniority.  He could not have three Town Board members sitting on an interview committee as it would be an illegal public meeting and violate the Open Meetings Law.

Councilman Grimm recommended a minority member and a majority member from the Town Board.

Supervisor Runion stated that would take away the Supervisor’s discretion to appoint liaisons and the ability of the two senior board members to serve as liaisons on the committee, which would not be appropriate.

Councilman Grimm stated that this would be taking away his opportunity to interview candidates in order to make a reasoned judgement in making his vote.

Supervisor Runion stated that Councilman Grimm had the opportunity to call any of the members on the list.  He had sent Councilman Grimm an e-mail with instruction on how he could have spoken with any of the candidates on the Albany County Civil Service list.  He could have conducted an interview in that manner.

Supervisor Runion reiterated the reasons why he could not have three Town Board members on the interview committee.
Councilman Grimm stated that he disagreed.

MOTION #236  Councilwoman Slavick moved to APPOINT OFFICER ROGER GINDER TO THE POSITION OF SERGEANT IN THE POLICE DEPARTMENT PURSUANT TO THE ALBANY COUNTY CIVIL SERVICE LIST AND THE RECOMMENDATION OF THE PROMOTIONAL REVIEW COMMITTEE AND THE CHIEF OF POLICE.  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

MOTION #237  Councilman Redlich  moved to APPROVE A WARRANT ADJUSTMENT FOR GUILDERLAND WATER DISTRICT FOR 1 SWIFT LANE.  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 #238  Councilman Redlich  moved to APPROVE A WARRANT ADJUSTMENT FOR GUILDERLAND WATER DISTRICT FOR 1041 DIBELLA DRIVE.  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 #239  Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR THE GUILDERLAND WATER DISTRICT.  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 #240  Councilwoman Slavick moved to CANCEL THE DECEMBER 30, 2008 TOWN BOARD MEETING.  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 #241  Councilman Redlich moved to ADJOURN THE DECEMBER 16, 2008 TOWN BOARD MEETING AT 8:34 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