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Town Board Minutes 3/2/05
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
MARCH 2, 2005
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Supervisor Clarence W. Mosher, Councilmen, Peter V. Russo, Mark A. Quinn, Robert E. Bailey (Councilman Bailey arrived at 8:00 PM) and James E. Denney

Absent: None

                Supervisor Mosher called the meeting to order at 7:30 PM.  Supervisor Mosher gave the Invocation and Police Chief Boyle was asked to lead us in the Pledge of Allegiance.

                Supervisor Mosher asked the Town Clerk, Linda C. Neals, to call the roll.  Everyone was present and accounted for.

Town Council Reports:

                Councilman Russo – “I would like to read the following statement:

At the Town Board meeting on February 16th, statements were made by the supervisor that were incorrect and I would like to correct the record.

I quote: (1st two paragraphs) “I address my comments to the members of the Town Board who have chosen not to include the Supervisor in the process of selecting our next Police Chief.

Since you have deliberately chosen not to include me in the selection process, I feel that my voting on this resolution would only serve to dignify and endorse a process that I find deplorable and disgraceful.”

The facts are:  The supervisor set in motion a search committee and sat in on all their meetings.  At our February 2nd Town Board meeting, we went into executive session to discuss the interviews conducted by the Town Board members and the search committee.  The supervisor was present during this session and concurred that our choice of Dan Boyle, to be police chief, was also his choice.

Present with all of us at this meeting was our negotiating attorney Brian Goldberger plus Arkley Mastro and Peg Huff, town attorneys.

So, the supervisor was involved in the entire process!

The candidate selection process has tested everyone, the candidates, members of the search committee, the Police department and this board.  We, members of the board, are gratified that this process has been completed and the police department can now move forward under the new leadership of Dan Boyle and with the full support of this board.”

                Councilman Denney – “I want to address a few things that occurred during the search process as well.  What I tried to do is just focus on the matter at hand during that period of time and tried not to get too caught up in the more ridiculous aspects of it.

                On February 2nd we had a former town clerk, a current village trustee basically insult the integrity of the Town Board, which I think was just directed at four of us rather than all five of us.  Rather than do what I think we all presumed he was here to do, which was support someone who was a friend and a fellow Rotarian, a former colleague, but instead on a matter of legitimate public policy, a legitimate disagreement he decided to raise it to a matter of integrity and he ought to be ashamed of himself and the people who communicated the rumors to him, that was his words not mine, ought to be ashamed of themselves as well for misleading him in his misimpressions.

                The Chairman of the Search Committee, David Bradley said some communications, which I am not going to get into the entire aspect of it, but it was a private communication between him and the Board, which the Supervisor unfortunately chose to read knowing at least one element of it was false because the Supervisor acknowledged it himself that it was false on February 2nd in executive session.  We all sat in that room and we all heard the Supervisor and Councilman Quinn acknowledge that the Search Committee was given specific instructions to give the Board a list of candidates and supporting information, not one candidate.  Both Councilman Quinn and the Supervisor acknowledged that they were surprised and disturbed by the fact that they didn’t follow the Boards instructions and yet the Supervisor chose to read the correspondence from the Search Committee Chairman who frankly should have been sitting right here and come up to the podium and done it if he wanted it done in public and then we could have let him know right there that what he was saying was false.  He didn’t do that because he knew it was false, he knew what the instructions were.  We all knew what the instructions were because it was told to us on February 2nd, yet on February 16th in public we hear a statement that is false.  That Search Committee didn’t follow the Town Board’s instructions, period.  There is no debate, everybody in that room acknowledged it.  People on the Search Committee acknowledged it to me, that they didn’t follow the Town Board’s instructions.

                What the motivation was, I’m not going to get into that.  I’ll let others get into that.  I have my own determination of what I think the motivation was.  I think it is unfortunate, I think they did themselves a disservice, I know they did the Town a disservice.  One hundred and fifty years they bragged about their level of experience, yet they give us a two word recommendation, nothing in writing ever and no back up material.  They failed in their mission to serve the Town of Glenville, not serve us as a Town Board but to serve the Town of Glenville.  That is what there mission was and they failed miserably.

                I have already dealt with the third item, which is I was particularly offended that the Supervisor would read a statement knowing that is was false because he acknowledged that part of it was false in executive session.  I would like to ask the Town Attorney for some guidance on abstaining; I have a question about that.  I don’t know if it is a legal issue but I would be shocked if on one of these items tonight if three of us decided to abstain that that wouldn’t be problematic.  There is no reason to abstain, only if you have a conflict of interest.  If you felt like you were left out of the process then you should have done your job and got involved in the process.  Everybody can ask questions.  Everybody can call the candidates up individually if you feel like you didn’t have enough of an opportunity.  We could have had another executive session and knocked it around even more.  Every one of us has an obligation to build a consensus.  We all have that opportunity and we have that obligation, but if you don’t agree with the consensus you can’t just say you were left out of the process.  You were involved in the process more than anybody except for Councilman Quinn.  I wasn’t as involved as you, either was Councilman Russo, either was Councilman Bailey.  We all met with the candidates one time, that is the most important element of this whole thing is meeting the candidates, reviewing their credentials and sizing them up quite honestly and we all had an equal opportunity except for Councilman Quinn who did have one extra opportunity and his view points didn’t change as a result of that and again on February 2nd as Councilman Russo said, you said who your number one candidate was walking out of those interviews.”

                Councilman Quinn – “I am looking forward to putting this selection process behind us.  I did have some grave concerns about the process but nothing I could say here would be anymore enlightening then things I have already said quite clearly to the press, to certain people who are sitting in this room.  Quite frankly I am looking to a new era of law enforcement under a very able Chief, who I was proud to select.”

                The Privilege of the Floor was opened at 7:42 p.m.
                The following people exercised the Privilege of the Floor.

                Valeria DiGiandomenico – Via DelZotto Drive

                No one else wished to speak; Supervisor Mosher closed the Privilege of the Floor.

RESOLUTION NO. 80-2005

Moved by:       Councilman Quinn
Seconded by:    Councilman Denney

                WHEREAS a vacancy currently exists in the Communications Section for the position of Public Safety Dispatcher; and

                WHEREAS an Interview Committee consisting of elected, police and fire officials met with the candidates, conducted interviews and made its recommendation to the Chief’s Office; and

                NOW, THEREFORE, BE IT RESOLVED that this Town Board does hereby appoint Dana Ashley Maloney-Diamond, who resides at 1507 Carrie Street, Schenectady, NY, to the position of Public Safety Dispatcher in the Police Department, effective March 21, 2005, contingent upon her successful completion of mandated requirements; and

                BE IT FURTHER RESOLVED that her compensation be as set forth in the current C.S.E.A. contract for Town Employees; and

                BE IT FURTHER RESOLVED that the Town Clerk, on behalf of this Town Board, be and he hereby is authorized and directed to notify Dana Ashley Maloney-Diamond of the aforementioned appointment.


Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstention:             None


Motion Carried

RESOLUTION NO. 81-2005

Moved by:       Councilman Quinn
Seconded by:    Councilman Russo

                WHEREAS traffic safety continues to be a priority and focus of enforcement in the Town of Glenville; and

                WHEREAS key traffic safety initiatives by law enforcement agencies across the State involves targeting speeding and aggressive driving behavior, including red light running; and

                WHEREAS the Town of Glenville has applied for grant funding and has been awarded an annual grant in the amount of $2,529.00 by the State of New York Governor’s Traffic Safety Committee & Department of Motor Vehicles to participate in the statewide “Selective Traffic Enforcement Program (STEP)”; and

                WHEREAS the grant period for this program is from October 1, 2004 through September 30, 2005; and

                WHEREAS the goal of this traffic safety initiative is to reduce aggressive, speeding and impaired driving related motor vehicle accidents; and

                WHEREAS this grant will not require matching funds by the Town of Glenville,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville authorizes the Town Supervisor to sign into the Grant Agreement with the State of New York Governor’s Traffic Safety Committee to authorize the Town of Glenville Police Department to participate in this initiative.


Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstention:             None

Motion Carried

RESOLUTION NO. 82-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby establishes a procedure that states whenever a town official or department head attends a conference or seminar, relating to town government and the town has advanced or paid costs associated with the event, then he or she should address the town board with a brief summation of the event.


Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstention:             None


Motion Carried

RESOLUTION NO. 83-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the meeting held on January 19, 2005 be and they hereby are approved and accepted as entered.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:            None

Motion Carried

RESOLUTION NO. 84-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                WHEREAS, on June 16, 2004, the Town Board of the Town of Glenville found and determined that it was in the public interest to provide for the construction of facilities for Water District No. 11, Extensions 30 and 31 in the area of Barhydt Road and Wagner Road; and

                WHEREAS, the contract for the general construction of Water District No. 11, Extensions 30 and 31, Contract 1-04 was put to bid with the bids being opened on February 1, 2005; and

                WHEREAS, the bids have been reviewed by Andimo Coppola, Commissioner of Public Works and Mark Kestner, the town designated engineer, and both of whom recommend awarding the contract to the low bidder:  TKC Construction, Inc., 1166 Route 9 Thousand Oaks Park, Gansevoort, NY,

                NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts the bid of TKC Construction, Inc., 1166 Route 9 Thousand Oaks Park, Gansevoort, NY, 12831, and awards it the contract for the general construction of Water District No. 11, Extensions 30 and 31, Contract 1-04 as set forth in the bid specifications at a cost not to exceed $566,005.00, and

                BE IT STILL FURTHER RESOLVED that Clarence W. Mosher, Supervisor of the Town of Glenville, is authorized to sign all documents necessary to complete this contract and the project and allocate debt payback in accordance with the engineer’s Map, Plan, and Reports for Water District No. 11, Extensions 30 and 31.

Ayes:           Councilmen Russo, Denney, Quinn and Supervisor Mosher
Noes:           None
Absent: Councilman Bailey
Abstentions:            None

Motion Carried

RESOLUTION NO. 85-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                WHEREAS Andimo Coppola, Commissioner of Public Works has negotiated with Kestner Engineers, P.C., for it to perform the engineering work involved in the construction of Water District No. 11, Extensions 30 and 31 in the area of Barhydt Road and Wagner Road; and

                WHEREAS the proposed agreement with Kestner Engineers, P.C., has been reviewed by Andimo Coppola, Commissioner of Public Works, and Arkley L. Mastro, Jr., Town Attorney and approved by them,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby approves the attached agreement between the Town of Glenville and Kestner Engineers, P.C., and retains said firm to perform the engineering work described therein for the construction of Water District No. 11, Extension 30 and 31 in the area of Barhydt Road and Wagner Road, said work to include, but is not limited to, the design phase, mapping, borings, layout, bidding and award of the bids, and construction administration at a cost not to exceed $78,108.69; and

                BE IT FURTHER RESOLVED that Clarence W. Mosher, Supervisor of the Town of Glenville, is authorized to sign said agreement on behalf of the Town and allocate debt payback in accordance with the Engineer’s Map, Plan, and Reports for Water District No 11, extensions 30 and 31.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

New Business:

                Councilman Denney – “I would like to have the Attorney address the issue of abstentions.”

                Attorney Mastro, Jr. – “When I was appointed to this position as the Town Attorney it was to render legal advice and services to the Town of Glenville and to render them to the Board as a whole.  The dynamic of this particular board has made that much more difficult as time goes by so I am going to confine my response to simply the question of whether or not there are legitimate reasons for any board member to abstain from a vote.

                Without having the benefit of any legal research on the issue generally any board member that is elected to this office has an obligation to vote on each of the resolutions that comes before the board however there are certain exceptions to that.  If there is a conflict of interest, if there is a personal interest in the resolution.  For example if the board member were going to be involved in one side of a real estate transaction to either purchase or sell property obviously they should abstain from that vote.  There may be other reasons to abstain such as somebody not being aware of the facts and circumstances of the resolution, however each of the board members has an obligation to apprise themselves of the facts necessary to be able to vote.  In years passed I have had an opportunity to research issues involving the vote and I have read cases however those cases all interpret the Village Law or the City Law of the State of New York which is a different codification, different opinions of the Comptroller, opinions of the Attorney General interpreting Village Law in that particular instance.  The Town Law is a different body of law in NYS, I am not aware in the Town Law any specific legislation or interpretations.  What this question obviously is pointed at is whether or not the Supervisor should have abstained from the police vote, I think a lot of that depends on the fact of the circumstances; it is a fact based question, was the Supervisor adequately apprised at what the process was, who the candidates were and that is a question of fact as opposed to a question of law which I think I am qualified to answer a question of law.

                Before I give you an absolute answer to your question Jim I’d want to do some research on the question.  I think it will come down to whether or not the board member felt that they were adequately apprised of the circumstances involved in the resolution to allow them to make an informed vote.

                Off the cuff, that is the best answer that I can give you at this point and time.  Generally speaking a board member has an obligation to vote, they can’t abstain simply because it may be embarrassing or it may be a vote that they just are not comfortable with.  You can’t avoid your fiduciary duty to the Town of Glenville just because it’s not a comfortable vote.”

                Councilman Denney – “Can we get a less “off the cuff” opinion then because it came up at a work session last year and it was a little more concise, I thought frankly.”

                Attorney Mastro, Jr. – “After having the benefit of doing some research I can have it for you in ten days.”

                Councilman Denney – “I don’t think it is a huge rush, but I would like to know specifically for everybody’s benefit when you can abstain and when you can’t.”

                Attorney Mastro, Jr. – “I can put something together and give it to all board members.”

                Motion to adjourn was moved by Councilman Russo and Seconded by Councilman Denney.

                The Town of Glenville Town Board Meeting was adjourned at 8:09 PM.


                                                                ATTEST:






______________________________
Linda C. Neals
Town Clerk