ORGANIZATIONAL MEETING JANUARY 8, 2009
The Organizational Meeting of the Town Board of the Town of Guilderland was held at the Town Hall, Route 20 McCormick’s Corners, Guilderland, N.Y. on the 8th day of January 2009 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 stated that it was the first meeting of the year and that the Organizational Meeting was held in order to appoint officials for the 2009 town year as well as to set forth the general guidelines for business to be conducted during the year.
Supervisor Runion announced that the January tax bills had been mailed. There had been a delay in the mailing of the bills from the company hired to do the mailing so that the interest free period that would normally end on January 31, 2009 has been extended to February 5, 2009.
The first item on the agenda was to make a number of appointments for the 2009 calendar year.
MOTION #1 Councilman Redlich moved to APPROVE THE FOLLOWING APPOINTMENTS (one Year Term, unless otherwise noted):
- Stephen Feeney – Chairperson of the Planning Board
- James Cohen – Planning Board Member (Term expires Dec. 31, 2015)
- Linda Clark – Assistant Town Attorney (Planning Board)
- Peter Barber – Chairperson of Zoning Board of Appeals
- Allen Maikels – Zoning Board of Appeals Member (Term expires Dec. 31, 2013)
- Charles Cahill – Alternate Member Zoning Board of Appeals
- Robert Feller – Assistant Town Attorney (Zoning Board of Appeals)
- John Wemple – Chairperson & Member Environmental Conservation Advisory Council
- Herb Hennings – Environmental Conservation Advisory Council Member
- Stuart Reese - Environmental Conservation Advisory Council Member
- Stephen Albert - Environmental Conservation Advisory Council Member
- Gordon McClelland - Environmental Conservation Advisory Council Member
- Steven D. Wickham - Environmental Conservation Advisory Council Member
- David Heller – Environmental Conservation Advisory Council Member
- William Young – Chairperson & Member Industrial Development Agency
- James Shahda – Industrial Development Agency Member
- Michael Bopp - Industrial Development Agency Member
- Christopher Bombardier - Industrial Development Agency Member
- Anthony Carrow - Industrial Development Agency Member
- Hodgson, Russ LLP, Joseph Scott of Counsel, Attorney to Industrial Development Agency
- Dr. Don Doynow – Medical Director, Paramedics
- Alice Begley – Town Historian
- Jean Cataldo – Registrar of Vital Statistics
- Karen VanWagenen – Deputy Registrar of Vital Statistics
- Rosemary Centi – Passport Agent
Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye - thanked all of the residents who have served on the various boards. |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item #2 on the agenda concerned authorizing the Supervisor to make provisional appointments.
MOTION # 2 Councilwoman Slavick moved to Authorize Town Supervisor to make provisional appointments. 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 #3 Councilman Redlich moved to Designate First National Bank of Scotia, First Niagara Bank, Citizens Bank, J.P. Morgan Chase Bank, Pioneer Commercial Bank, NBT Bank and M&T Bank as official depositories of the Town of Guilderland. 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 #4 Councilman Redlich moved to Authorize Supervisor and Comptroller to invest Certificates of Deposit in any of the designated official depositories with a third party holding the securities. 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 #5 Councilman Redlich moved to Authorize Supervisor and Comptroller to sign checks on behalf of the town. 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 #6 Councilman Pastore moved to Designate Boswell Engineering, Delaware Engineering, Barton and Loguidice, Clough Harbour and Spectra Engineering to serve as Town Designated Engineers for 2009. 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 #7. Councilwoman Slavick moved to Set meeting dates for the Town Board, Planning Board, Zoning Board of Appeals, and Guilderland Conservation Advisory Council as per Schedule A. 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 #8 Councilman Redlich moved to Establish mileage rate to coincide with Federal IRS approved rate per mile for reimbursement to town employees when authorized to use their private vehicles on town business. 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 #9 Councilman Redlich moved to Authorize the Highway Superintendent and the Superintendent of Water and Wastewater Management to spend up to $2000 per year for the purchase of tools without prior approval of the town board. 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 #10 Councilman Redlich moved to Designate the respective Fire Chiefs as Fire Wardens, Appoint a Fire Investigation Team and designate Fire Inspectors for 2009 per Schedule B. 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 #11 Councilman Redlich moved to Designate the Town Supervisor as Affirmative Action Officer. 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 #12 Councilwoman Slavick moved to Designate the Town Supervisor as Emergency Response Officer. 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 |
Item # 13 on the agenda concerned the designation of Town Board members as liaisons to various Town Departments.
The motion was moved by Councilman Pastore and seconded by Councilwoman Slavick. Councilman Grimm then asked for a discussion on the item and offered his own amendment to the motion reading as follows:
Councilman Grimm moved that The liaisons to the Police Committee be represented by one member of the majority and one member of the minority to ensure the police review board interview process is as open and inclusive as possible.
Discussion followed:
Supervisor Runion stated, “I think that we have had this discussion in the past. The appointment of Town liaisons is at the discretion of the Supervisor to make that recommendation. Secondly, I have noted that for the last year, Mr. Grimm you have been the liaison to a number of departments on the list and I do not believe that you have met with one of the departments that you have been a liaison to.
I do know that the other liaisons that have been appointed to meet with the police Department and the other various departments that they have been appointed to meet with have done so on a normal, routine and continuous basis”.
Councilman Grimm stated, “I believe that I am a liaison to every department because the Town Board manages every department. That is off topic, by the way, Mr. Supervisor. The motion here is are we going to have equal representation on the Police Review Board, which is a very important board, because it interviews all of the Police candidates and makes recommendations on whether or not, on who should be selected to position. Every legislature in the country on their major committees has minority and majority representation and my amendment to the motion is to have minority and majority representation on the Police Review Board.
Councilman Redlich seconded the motion.
Discussion was held on whether to accept the motion to amend.
MOTION #13 Councilman Grimm moved that The liaisons to the Police Committee be represented by one member of the majority and one member of the minority to ensure that the police review board interview process is as open and inclusive as possible. Councilman Redlich seconded the motion and it was opposed by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Opposed |
Councilman Pastore |
Opposed |
Councilman Grimm |
Aye |
Supervisor Runion |
Opposed |
MOTION #14 Councilman Pastore moved to Designate Town Board Members/ Officials as Liaisons to various Town Departments for 2009 per Schedule C. 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 #15 Councilman Redlich moved to Designate Altamont Enterprise as Official Newspaper of the Town of Guilderland. 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 #16 Councilwoman Slavick moved to Approve holiday schedule for Transfer Station for the year 2009 per Schedule D. 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 #17 Councilman Pastore moved to Approve holiday schedule for non-union Town employees (other than Transfer Station) for 2009 per Schedule E. (Union Town employees’ holidays are per contract). 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 #17 concerned a Presentation of the Report of Ethics Committee of the Town of Guilderland in regard to an inquiry made by the Supervisor to the Ethics Committee of a complaint against the Town Attorney by Council members Mark Grimm and Warren Redlich
Supervisor Runion introduced Robert Roche, Esquire, hired by the Town to assist the Town’s Ethics Committee on an issue that was to review the conduct of the Town’s Attorney.
Mr. Roche explained his duties and that of the Town’s Ethics Committee regarding the issue.
He praised the Town’s former assessor, Carol Wysomski, for her dedication to the Town and her expertise in the area of assessment.
He stated that they had to examine, not only whether there was a conflict, if there is a conflict, that has to be cited, certain appropriate sanctions had to be given, and if there is not one, was there a reasonable cause to believe there was one.
The Committee determined that they did not find a conflict of interest because the relationship between the person associated with the Town Attorney, Richard Sherwood, was a person with whom he had neither an economical, financial nor professional relationship.
He said, “Was there the appearance or the possible appearance for that accusation to have been made? Yes, I suppose one could say there was, but it evaporated on the first glance of examination. We wanted to be thorough, we wanted to be fair.”
The committee determined that Mr. Sherwood had not violated his code or his sense of ethics in any way whatsoever.
They also addressed the accusation that it was a rush to judgement and also did not find any cause for action. The tape that they reviewed of the meeting was over three hours long.
Mr. Roche stated that after some discussion with Councilman Redlich, he felt that this might be distilled down to a personality dispute.
He stated that Mr. Redlich did not go to see Mr. Sherwood before he made the announcement on the floor and the allegations that followed with a lot of attention.
Mr. Roche stated that some of the members of the committee felt strongly disappointed that this charge had been levelled.
He said, “Like calling a penitent or priest a blabbermouth or a rogue or calling an accountant a person who cannot add. Calling a lawyer a person who is subject to conflicts of interest means that he cannot discern who his client is and how best and zealously to serve him, a deathnell to that profession. It would be like saying the best dancer in the ballet had two left feet, only its worse. It goes to the moral issue of a lawyer and it’s serious.”
He continued with explanation of the report and discussions he had had with the assessor regarding the issue.
Councilwoman Slavick asked about the recusal of certain committee members.
Councilman Grimm asked about the number of committee members.
Mr. Roche explained why they had disqualified themselves.
Councilman Grimm asked how many times the committee met and if public notice had been issued for the meetings?
Mr. Roche stated that there was no reason for the notification, that it was not a public meeting under the Public Meetings Law.
Councilman Grimm stated that if the advisory committee is a creation by statute, which the Ethics Board is, they are subject to the Public Meetings Law of NYS.
Mr. Roche stated that he did not believe Councilman Grimm interpreted the law correctly and that he did not believe that these investigative meetings constituted an open meeting.
Councilman Grimm disagreed.
Mr. Roche disagreed with Councilman Grimm.
Councilman Redlich asked if minutes had been kept.
Mr. Roche stated he did not know if minutes were kept but that he kept his own notes.
Councilman Redlich asked, “What did the Ethics Board find were the objections. What was the substance of the objections that the Town Attorney felt were without merit”?
Mr. Roche said, “The objections, as he understood them, were that he had a conflict of interest because he had a financial interest with the person who was financially involved or interested in the outcome of the assessment. Second, that he was not properly attuned to the length of time you wanted to spend on examining this and rushed it through.”
Councilman Redlich stated that the Town Board did not know whether it was a conflict or not until months later.
Mr. Roche responded that that was not what was told to him by Councilman Redlich.
Mr. Redlich stated that he told Mr. Roche his concern was that Mr. Sherwood had not brought the file to the meeting and refused to get the file for review. He asked for delay in order to review the file. He also asked if the Ethics Committee’s understanding when it reviewed this was that the objection in Executive Session was about a conflict for Mr. Sherwood rather than about reviewing the file?
Councilman Redlich also asked the question as to whether anybody on the Town Board remembered an issue of a conflict with Mr. Sherwood and Walgreen’s and the other person being brought up?
Supervisor Runion said he did not remember the issue of the conflict.
Mr. Roche stated that they found no harm or damage to the Town if there was a delay. They also found there was no reason not to vote on it if that is what the Board chose to do and that is what the board chose to do.
He stated that it was more a test of wills.
Councilman Grimm stated that what had been omitted from the report was a page from web site of the law firm in question here. It says that ‘the attorneys in our firm offer ability and experience’ and listed there are Mr. Sherwood’s name and the other attorney involved.
Mr. Roche stated that he had spoken with the managing partner of the firm and that man on the website had not been a member of the firm for at least 3 years. He said,” If the website makes him there, he is there, but if the website doesn’t make him there, it doesn’t make him there.”
Supervisor Runion said,” Mr. Grimm, what is on the website is inconsequential. Your website said that you are operating a world headquarters out of your home in the Town of Guilderland. And I think that you indicated that that was untrue. So, if we are going to take everything that is listed on a website as absolutely true, then I think you owe Guilderland residents an apology for operating a world headquarters out of your home in a residential neighborhood and then indicating it wasn’t really a world headquarters, you just think big.”
Councilman Grimm responded that it was still on the website as a tongue in cheek posting.
Councilman Redlich asked if the fact that the website indicates that both parties are working in the same law firm created an appearance?
Mr. Roche stated that it does unless the most minimal, non-invasive investigation to confirm that is not made. That is, what I think, the committee felt was regrettable and sad.
Councilman Pastore asked, “Is the question that was just asked of you, Mr. Roche, and I guess I will defer back to Councilman Redlich, is that there is even the mere appearance of impropriety by the fact that the Town Attorney’s name appears on the website along with another attorney who might be affected in this whole matter. Is that the question?
If it is, I would suggest, that the appearance of two names on a website, is only a creation of an appearance of impropriety if there are underlying facts that support the conclusion that there is an appearance of impropriety. So, the fact that, if it’s concluded by the Ethics Committee, or by you sir, or by anyone else, that there’s no underlying facts to support that there was a conflict between Mr. Sherwood and another attorney, who may or may not be in the firm, then I can’t understand how the answer to the question would be yes, there is even the mere appearance of impropriety.”
Mr. Roche stated, “That the bare appearance requires an inquiry. The most minimal of inquiry would go to one of two questions to be addressed.
A, is there a conflict? Since the entity with which that attorney allegedly had a relationship wasn’t the entity that benefited from the certiorari the answer is, No.
Second of all, if you don’t make that inquiry, then make the second minimal inquiry and determine that that person who exists there exists only for the benefit of the website. Now, that may require that minimal investigation before the charge is made and I think that is what the committee wanted to say.
Councilman Redlich asked if Mr Roche was aware that before this issue came up, an inquiry was made with using the attorney directory (Red Book), which shows that both parties worked for the same law firm?
Mr. Roche responded that using the Red Book for that kind of certification is like asking a cop to check the phone book for his local criminals.
Councilman Pastore asked Mr. Roche to state his expertise in the field of Professional Ethics.
Mr. Roche responded with his resume and knowledge of Professional Ethics.
Councilman Grimm stated that contracting for an outside attorney was a waste of taxpayer money.
He referred to the report, which stated that there was no communication or contact between Walgreen’s Company and Mr. Sherwood as Town Attorney for the Town of Guilderland. He stated that he found this disclosure difficult to understand. Mr. Sherwood brought the negotiated settlement to the Board in Executive Session.
Mr. Roche stated that he would have to call the town assessor a liar. The Town Attorney brought the settlement to Executive Session after the assessor had dealt with the people from Walgreen’s, with their attorneys, had come to an agreement, had put it in writing, brought him in, explained it to him, had him sign the letter of transmittal and sent him across the street to meet with you folks to defend it.
Councilman Grimm referred to a memo, written prior to the June meeting, which showed communication between Walgreen’s and Mr. Sherwood.
Mr. Roche said, “If you take that in context, as I hope anyone would, the sense of that paragraph was, that as far as the facts and the adjudication of what was done to this assessment was within the purview of the assessor, and the assessor solely. And that she and the attorney from New Jersey, who worked for the Walgreen Company, worked it out and presented it. She not only told me that but that was one of the things that I checked on with Mr. Sherwood.
Councilman Grimm reiterated that Mr. Sherwood had contact with Walgreen’s prior to that June 17, Executive Session.
Mr. Roche stated that according to the assessor, but not as to the adjudicatory process, nor how it was to be accomplished. It was a simple mechanical transaction of papers.
Councilman Grimm said, “When the Executive Session of June 17, 2008, by the way, of course, you nor none of the members of the Ethics Committee were in that Executive session, the issue in Executive Session was whether or not this connection was disclosed and it was not”.
Supervisor Runion asked if Councilman Grimm and Councilman Redlich were aware of a conflict of interest before the Executive Session in June. They responded that they were not.
Councilman Grimm stated that that was the whole issue and asked Mr. Roche if he would have advised Mr. Sherwood to disclose the connection?
Mr. Roche stated that the question was not whether I would have advised him but whether there was an inherent conflict and there was not.
He further stated that Mr. Sherwood acted in this respect and in all regards, ethically.
Supervisor Runion asked about a number of exhibits. He stated that he wanted to make it clear that one of the exhibits was a complaint on real property assessment for 2008 that was filed with the Town Assessor’s office. The name of the applicant on that form is Walgreen’s. He asked if Mr. Roche found any connection between the Town Attorney and the entity, Walgreen’s?
Mr. Roche stated that he did not.
Supervisor Runion stated that Walgreen’s filed the complaint and not Schuyler Properties, the entity that Mr. Segel is supposed to be associated with.
He further stated that in the report, the Ethics Committee examined the lease, the mortgages and some of the other documents between Schuyler Properties and Walgreen’s and that Walgreen’s had the right to challenge the property tax assessment.
Mr. Roche stated that that was correct
Further discussion was held regarding the hiring of Mr. Roche.
Supervisor Runion thanked Mr. Roche and also the Ethics Committee for their hard work.
MOTION #18 Councilman Redlich moved to Consider setting public hearing on January 20, 2009 for local law adopting provisions of RPTL section 458B allowing a tax exemption for Cold War Veterans. 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 #19 Councilman Redlich moved to ADOPT THE FOLLOWING RESOLUTION,
THAT THE TOWN BOARD OF THE TOWN OF GUILDERLAND SUPPORTS THE APPLICATION OF THE ALBANY COUNTY SHERIFF’S DEPARTMENT FOR A CONSOLIDATION PLANNING GRANT UNDER THE NY STATE DEPARTMENT OF STATE’S LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM TO STUDY THE CONSOLIDATION OF ALBANY COUNTY’S PUBLIC SERVICE ANSWERING POINTS. 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 #20 Councilman Redlich moved to ADJOURN THE ORGANIZATIONAL MEETING OF JANUARY 8, 2009 AT 8:44 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 |
Supervisor Runion congratulated all of the newly appointed persons.
Respectfully submitted,
Rosemary Centi, RMC
Guilderland Town Clerk
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