REGULAR TOWN BOARD MEETING SEPTEMBER 7, 2010
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 August 17th, 2010 Town Board meeting.
MOTION #133 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE AUGUST 17th, 2010 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Abstained |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Supervisor Runion reminded everyone of the Hazardous Waste Day being held on September 11, 2010 from 8:00 AM to 2:00 PM at the Town Highway garage on French’s Mill road.
A pass is necessary and vehicle registration required to obtain the pass.
PUBLIC COMMENT PERIOD – No public comment
Agenda items:
Supervisor Runion stated that the first item on the agenda was to adopt a resolution that had been tabled from the August 17th, 2010 Town Board meeting to establish the standard workday and the expiration of each term for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employee’s Retirement System.
He further stated that an original resolution had been passed on July 6th, 2010 but it contained an error with respect to the calculations of the four town board members.
Councilman Grimm asked if the calculations based on the individual work logs of the individual board members had been changed.
Supervisor Runion stated that they had, and that an average had been taken but that calculations for each individual board member could be done. Based on the work logs submitted, Paul Pastore would get 4 days of bi-weekly credit, Mark Grimm would get 3 days of bi-weekly credit, Warren Redlich would get 2.5 days of bi-weekly credit and Patricia Slavick would get 1.5 days of bi-weekly credit.
Councilwoman Slavick explained that due to the fact that she was already in the State Retirement system, her calculations were very conservative. She did not put in a lot of time that she had spent with constituents and so forth.
Councilman Redlich stated that as he understood that he would never receive a pension, and would not vest, his calculations were also low.
Councilman Grimm asked if the same math was applied for all calculations. He further stated that he had not seen the math applied.
Councilwoman Slavick stated that the Director of Human Resources followed the formula that was on the State website for the calculations.
Councilman Grimm questioned the Town Attorney having included holiday and vacation time.
Supervisor Runion stated that he was entitled as he was a full time employee. He further stated that after having looked at the number of hours logged in for the required three months, his hours calculated out to full time credit even taking into account vacation and sick time.
Councilman Grimm stated that his review of Mr. Sherwood’s logs showed that was not the case.
Town Attorney, Richard Sherwood, stated that he was allowed to show sick, personal and vacation time as he was full time. Councilman Pastore and Councilwoman Slavick were part time. He further stated that he had spoken with the Comptroller’s Office and it was confirmed that he was in compliance.
Councilman Grimm stated that he had spoken with the same office and was told that he was not in compliance.
Town Clerk, Rosemary Centi, corrected Councilman Grimm’s comments regarding her logs stating that she, too, filled out a three month calendar as an elected official.
Supervisor Runion stated that the Town Clerk was a full time elected official and that she was at work every day from 9:00 AM to 4:30 PM.
Councilman Redlich asked if the Town Attorney was a full time position.
Supervisor Runion stated that he was, based on the hours worked. Supervisor Runion asked for separate motions on the work logs of each Town Board member.
Councilman Redlich stated that he thought that the Board was only going to correct the four town board members.
Supervisor Runion stated that board member, Mark Grimm, wanted to vote against the Town Attorney’s calculations and this would give him the opportunity.
Councilman Grimm stated that he had abstained at the last meeting because he had not seen the work log of the Town Attorney.
Supervisor Runion asked for a motion.
MOTION #134 Councilman Pastore moved to ADOPT THE FOLLOWING RESOLUTION ESTABLISHING THE STANDARD WORK DAY FOR ELECTED AND APPOINTED OFFICIALS OMITTING THE TIME CALCULATIONS OF THE FOLLOWING ELECTED OFFICIALS: MARK GRIMM, BOARD MEMBER, PAUL PASTORE, BOARD MEMBER, WARREN REDLICH, BOARD MEMBER AND PARTICIA SLAVICK, BOARD MEMBER AS REQUIRED BY THE STATE COMPTROLLER FOR PURPOSES OF REPORTING TO THE NY STATE AND LOCAL EMPLOYEE’S RETIREMENT SYSTEM.
BE IT RESOLVED, that the Town Board be and hereby establishes the following as a standard work day and specifies the expiration of each term for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System:
ALL ELECTED OFFICIALS
Supervisor (two year term)
Town Justices (four year term)
Receiver of Taxes (four year term)
Town Clerk (two year term)
Seven hour day.
Superintendent of Highways (four year term)
Eight hour day.
Town Board Members (four year term)
Six hour day.
APPOINTED OFFICIALS
Members, Board of Zoning Appeals (seven year term)
Chairman, Zoning Board of Appeals (one year term)
Members, Planning Board (five year term)
Chairman, Planning Board (one year term)
Members, Environmental Conservation Advisory Council (one year term)
Chairman, Environmental Conservation Advisory Council (one year term)
Town Attorney (two year term)
Deputy Town Attorney(s) (one year term)
Six hour day.
BE IT RESOLVED, that the Town Board designates the number of days to be reported for each official per payroll period (bi-weekly), based upon submitted logs, to be as follows:
Elected Officials
Kenneth D. Runion, Supervisor 10 days
John Bailey, Justice 10 days
Denise Randall, Justice 10 days
Jean Cataldo, Receiver of Taxes 10 days
Rosemary Centi, Town Clerk 10 days
Todd Gifford, Highway Superintendent 10 days
Paul Pastore 4 days
Mark Grimm 3 days
Patricia Slavick 1.5 days
Warren Redlich 2.5 days
Zoning Board of Appeals
Peter Barber, Chairman 3.83 days
Charles Cahill, Member .75 day
Sharon Cupoli, Member .83 day
Susan Macri, Member .83 day
Allen Maikels, Member 1 day
Michael Marcantonio, Member .33 day
Thomas Remmert, Member 67 day
Environmental Conservation Advisory Council
Herbert Hennings, Member .58 day
Gordon McClelland, Member .33 day
Planning Board
Michael Cleary, Member 1.67 days
Stephen Feeney, Chairman 1.17 days
Thomas Robert, Member 1.67 days
Town Attorney
Richard Sherwood 10 days
Deputy Town Attorney
Stephen Parker, Esq. 2.17 days
Each of the above individuals has submitted a record of activities showing actual time worked.
Terms of Office for Elected Officials in the Town of Guilderland, N.Y.
Kenneth D. Runion - Town Supervisor -Two year term. Expires 12/31/2011
Patricia Slavick -Town Board Member –Four year term. Expires 12/31/2013
Paul Pastore – Town Board member – Four year term. Expires 12/31/2013
Warren Redlich – Town Board member –Four year term. Expires 12/31/2011
Mark Grimm – Town Board member – Four year term. Expires 12/31/2011
Rosemary Centi - Town Clerk – Two year term. Expires 12/31/2011
Denise Randall – Town Justice – Four year term. Expires 12/31/2013
John Bailey - Town Justice – Four year term. Expires 12/31/2011
Jean J. Cataldo – Receiver of Taxes – Four year term. Expires 12/31/2013
Todd Gifford – Highway Superintendent –Four year term. Expires 12/31/2011
Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Abstained stating” I don’t believe, just as when we first confronted this issue, we weren’t provided with adequate information. I still have not been provided with adequate information; in addition, this item isn’t even on the agenda for tonight. It has been added suddenly with no notice, no documentation was provided to us tonight. I am not prepared to vote on it. I abstain. |
Counciwoman Slavick |
“I am voting in favor and I would like to note that I did not have my calendar either but I contacted the Human Resources Officer to get it and I do have it.” |
Councilman Pastore |
Aye |
Councilman Grimm |
Opposed |
Supervisor Runion |
“I am going to vote in favor and I also want to clarify that there was a resolution that was submitted with the agenda packet on August 17th, 2010, which contained the corrections and for Mr. Redlich to claim now that he didn’t receive it, is incorrect. I am voting in favor.” |
MOTION #135 Councilwoman Slavick moved that WITH RESPECT TO THE TOWN BOARD MEMBERS AND BASED ON THE CALCULATIONS THAT IS SUBMITTED BY THE DIRECTOR OF HUMAN RESOURCES WE HAVE PAUL PASTORE WHO WOULD RECEIVE 4 DAYS OF BI-WEEKLY CREDIT. Supervisor Runion seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Abstained |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #136 Councilman Redlich moved that WITH RESPECT TO THE TOWN BOARD MEMBERS AND BASED ON THE CALCULATION THAT IS SUBMITTED BY THE DIRECTOR OF HUMAN RESOURCES WE HAVE MARK GRIMM WHO WOULD RECEIVE 3 DAYS OF BI-WEEKLY CREDIT. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Abstained |
Supervisor Runion |
Aye |
MOTION #137 Councilman Redlich moved that WITH RESPECT TO THE TOWN BOARD MEMBERS AND BASED ON THE CALCULATION THAT IS SUBMITTED BY THE DIRECTOR OF HUMAN RESOURCES WE HAVE PATRICIA SLAVICK WHO WOULD RECEIVE 1.5 DAYS OF BI-WEEKLY CREDIT. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Abstained |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #138 Councilman Pastore moved that WITH RESPECT TO THE TOWN BOARD MEMBERS AND BASED ON THE CALCULATION THAT IS SUBMITTED BY THE DIRECTOR OF HUMAN RESOURCES WE HAVE WARREN REDLICH WHO WOULD RECEIVE 2.5 DAYS OF BI-WEEKLY CREDIT. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Abstained |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #139 Councilwoman Slavick moved to APPROVE THE PERMANENT APPOINTMENT OF STACIA BRIGADIER TO THE POSITION OF DIRECTOR OF HUMAN RESOURCES FROM THE ALBANY COUNTY CIVIL SERVICE LIST. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item # 3 on the agenda concerned authorizing the Supervisor to sign a Betterment Agreement for bridge repairs as requested by New York State Dept. of Transportation.
He stated that the DOT wanted a Betterment Agreement for the two bridges to insure that the money would not go into the General Fund and would be appropriately targeted for those two bridges in the future.
MOTION #140 Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN A BETTERMENT AGREEMENT FOR BRIDGE REPAIRS AS REQUESTED BY THE NEW YORK DEPARTMENT OF TRANSPORTATION. Councilman Redlich seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #141 Councilwoman Slavick moved to ADOPT A RESOLUTION ACCEPTING THE AUDIT REPORT OF THE COMPTROLLER’S OFFICE OF THE TOWN OF GUILDERLAND JUSTICE COURT AS REQUIRED BY THE OFFICE OF COURT ADMINISTRATION. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #142 Councilman Redlich moved to ADJOURN THE SEPTEMBER 7TH, 2010 TOWN BOARD MEETING AT 8:06 PM. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Counciwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
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