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Town Board Minutes 09/01/2009
REGULAR BOARD MEETING                   SEPTEMBER 1, 2009

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 18, 2009 Town Board meeting.

MOTION #143  Councilwoman Pastore moved to ACCEPT THE MINUTES OF THE AUGUST 18, 2009 TOWN BOARD MEETING.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

Councilman Redlich
Abstained
Councilwoman Slavick
Aye
Councilman Pastore      
Aye
Councilman Grimm
Opposed
Supervisor Runion       
Aye

PUBLIC COMMENT PERIOD- Carol Charon, West Lydius Street,
Read from a statement:

“Before I begin what I came here to say, I would like to thank Mr. Runion and the rest of Town Board and Town employees for the beautiful condolence letter that was sent to my family, my sisters, brothers and I on the passing of my mother.  It was greatly appreciated and I do thank you for that.

The reason I am here is to talk about the unethical conduct of some Board members.  I had written an editorial back in March to the Altamont Enterprise which appeared in their March 12th, 2009 edition. It was titled,  ‘The guilty need no accusing for they accuse themselves’ and before printing it, Melissa Hale Spencer, as did one of the Board members, called to verify some of the facts that she was questioning, if the facts that I stated were true.  I also mentioned a blog that another Board member had wrote on his site which had contained a statement about politicians scaring us out of our freedoms, like, for example, freedom of speech and proclaiming this was the real bogeyman.

You’re probably wondering why I am telling you this now.  Well, at the time that I wrote that the real bogeyman in the Town was development.  I am now letting you know that I was wrong.  The real bogeyman sits on this Town Board and I can back this up with proof in fact in writing to back me up.  Since that editorial, two incidents have occurred in my home involving two of my children.  The first incident was a postcard that my daughter received in the mail the morning the editorial was released.  She showed me this card and asked me if I knew who this guy is and why was he sending her a birthday wish, With warmest regards and a phone number to contact him with.  I was very concerned as to how he had obtained this information and worried that my family was being stalked.  
But the second incident, I feel, is even far worse now.  We are talking about cyber stalking.
My son has belonged to a chat forum for ten years in which topics, including politics are discussed and debated among the forum goers. These politics are whether it is Federal or State or even local.
Now, he had mentioned the cyber wars going on here in his hometown and mentioned my editorial.  And a few of his forum goers had asked him to post it because they were interested in local politics and it’s workings to see how it compared to the State, Federal and world- wide politics.  Several months down the road my son received a post by one of his forum buddies, in Maine, informing him he was being stalked, on the Internet, by his councilman or something.  ‘Redlich is the guy’s name, I think.’
My son gave Mr. Redlich the benefit of the doubt.  He did though, let his friends know that, ‘I believe Mr. Redlich was one of them’.

On the 28th of August at 11:14AM, Mr. Redlich made his presence known by informing my son that he found the site by googling kenrunion.com, a site he, himself, created. One member accused Mr. Redlich of definitely stalking my son. Mr. Redlich retaliated by giving links to his blog on a Mr. Donald Csaposs and proclaiming himself as a victim of being stalked by this man, my son and his buddy.
Neither my son nor I would know this man if we tripped over him.

He mentions in another post about my son’s friend, the Altamont Enterprise, attacking him relentlessly and provides a link to the Enterprise.  These posts can be found on a web forum called forumopolis.com and found under the heading forumopolis/redlich.

Mr. Redlich moved into another chat room on forumopolis.com about universal health care and while debating with some of the others on the forum, he again became angry at one of the posters, who told him that you are part of the government, he retaliates and refers to my son, who was not even involved with the discussion or online at the time.

He also has posted his views on Fair Tax assessment.  As an example, he used my home and a 54-acre parcel that has been approved for high-density development, which is for sale at the price $2.2 million.  When he compared this assessment, he insinuates that my assessment is low at $150,000, which it should be at $200,000.  So he has decided to lump me, as I believe, in with wealthy landowners who get huge tax breaks.  I would like to inform people that you may be wealthy in land but it doesn’t mean you are wealthy in money.
Neither my son nor I are employed by this Town. Neither of us is affiliated with the Democratic Party. In fact I am a registered Republican.  What we are is residents of this Town in which my family has resided in since the late 1800’s.

Mr. Redlich has devoted his postings on this forum, non-stop since August 28th at 11:00 AM until 8:33 AM on August 31st, venting about my son and this Town, using them in his examples while debating government and universal health care.  You can check this yourself if you go to forumopolis.com.  Then click on the main forum and then click, when you find forumopolis/redlich, and also click on universal health care, Mr. Redlich’s favorite place to post.  
 
I believe that the postings are tallied, it’s close to forty hours, but now I believe it’s more because I know Mr. Redlich was on today.  How he does his business, I don’t know.  
My son posted to Mr. Redlich what he expected of his conduct on this Board.  Two of those, which were honesty and integrity and you sir, have not shown either.  I do expect backsplash from you and your buddies.  I would like to warn all of the residents of this Town, if you invoke the name of Mr. Redlich in which he conceives to be an unfavourable light, you might be stalked next.
Now, Mr. Redlich I would like to ask you personally why you believe my son knows Donald Csaposs or is affiliated with the Enterprise or anybody on this Town Board?”

Councilman Redlich said, “I never said any of those things.”
Mrs. Charon responded, “ Do you understand hard drive on computers?”
Councilman Redlich said, “ The forum is up. I never said that he was affiliated with the Enterprise.  He said that Melissa Hale, that the editor of the Enterprise called your house.”

Mrs. Charon said, “To verify facts and you said ‘his friend’.  I have it in writing right here and I downloaded it on hard drive.”

Councilman Redlich said, “I disagree with that.  But one of the things that I wanted to correct for you is when I compared your assessment to the assessment of the Glassworks Village property; I was saying it was unfair to you, that you were assessed so high compared to their property.  I wasn’t saying you were assessed too low, I was saying you have one property that’s worth $2 million that’s assessed for less than your property.

Mrs. Charon said, “ Your exact words were I was assessed at $150,000 which you believe should have been $200,000 and it is in writing.”

Councilman Redlich said, “I believe your assessment was actually lower than $150,000.”

Mrs Charon said, “ I am not going to debate you Mr. Redlich.  You want a debate you go back to the forum, they’re waiting for you because they think you are a clown.”

Councilman Redlich said, “Thanks for coming”.


AGENDA ITEMS:

Item #1 on the agenda concerned establishing the rate for the disposal of televisions and monitors at the Town Transfer station as recommended by the Superintendent of the Transfer Station.
Supervisor Runion stated that as the Town switched from the Albany landfill to The Colonie landfill there is a recycling charge that Colonie will be charging to the Town for televisions, $10.00 and computer monitors $5.00, which would help to cover the cost of transportation fees.

MOTION #144  Councilman Redlich moved to ESTABLISH THE RATE FOR DISPOSAL OF TELEVISIONS AND MONITORS AT THE TOWN TRANSFER STATION, $10.00 FOR TELEVISIONS AND $5.00 FOR COMPUTER MONITORS AS RECOMMENDED BY 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

Councilman Grimm thanked Tim Spawn, Superintendent of the Transfer Station, for coming out today.

Item # 2 concerned authorizing the Supervisor to submit a grant application to the NY State Office of Parks, Recreation and Historic Preservation under the NY State Environmental Protection Fund in the amount of $300,000 for improvements at Tawasentha Park.
Supervisor Runion explained the breakdown for the funds.  This was part of a grant application applied for before and this was a renewal.
The grant would be used for a new pool house at a cost of $600,000, a new roof and bathroom facilities for GPAC at a cost of $150,000 and also as part of the application $50,000 for playground equipment.
If the Town were awarded the grant, the Town would then make the decision as to take the grant and move forward.  This is a 50% match grant. Councilwoman Slavick asked if the Town services would be part of the match as “in kind” services and Supervisor Runion told her that it was.

Councilman Grimm asked what the application process entailed and how extensive it was.
He asked that the grant writer copy him on the application.

MOTION #145  Councilwoman Slavick moved to AUTHORIZE THE SUPERVISOR TO SUBMIT A GRANT APPLICATION TO THE NY STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION UNDER THE NY STATE ENVIRONMENTAL PROTECTION FUND IN THE AMOUNT OF $300,000 FOR IMPROVEMENTS AT TAWASENTHA PARK.  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

Item # 3 on the agenda concerned scheduling a public hearing to enforce compliance with town codes for premises located at 3600 Western Turnpike.

Supervisor Runion stated that the property was on the border between the Town of Guilderland and the Town of Princetown.
Rodger Stone, Zone Code Enforcement Officer/Stormwater Management Officer read a memo sent to the Town Board outlining the issue and the methods requested to deal with the code enforcement issues.  (P 113A)

Councilman Redlich questioned the section of Town Code referenced.

He read Section 64 subsection 5- a:
The Town Board may require the owners of land to cut, trim or remove from the land owned by them grass, brush, rubbish or weeds or to spray poisonous shrubs or weeds on such land and upon default may cause such grass, brush, rubbish or weeds to be cut, trimmed, or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such may be assessed by the Town Board on the property, shall constitute a lien. And there are some details and if the owner were a non-resident how you would notify them.

He stated that the section did not state that the Board had the power under this section to enforce code violations.
Discussion was held regarding the code and its enforcement in reference to this property.
Mr. Stone stated that there was also a problem with the MS4 Stormwater regulations in regard to the property.

Town Attorney, Richard Sherwood, read a section of the Code, which allowed for Town Board enforcement under the MS4 Laws.

Councilman Grimm asked if the owner of the property had been contacted and Mr. Stone stated that they had a number of times but the notices had been disregarded.
The case has been adjourned until the Town Board made its determination.

Councilman Pastore asked if the owner of the property had been represented by counsel when he appeared in Town Court and Mr. Stone stated that he had been.
Neither had responded to the many letters and citations sent.
Pictures of the site were shown to Board members.


MOTION #146  Councilwoman Slavick moved to SET A PUBLIC HEARING PURSUANT TO TOWN LAW SECTION 64-5-a AND TOWN OF GUILDERLAND LAW SECTION 241. 12 F2 ON OCTOBER 20, 2009 AT 7:30 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


Item #4 on the agenda concerned the purchase of a 12-passenger senior van from the Village of Altamont for the sum of $14,500.00, one-third the cost of a new van.
Supervisor Runion stated that the Village of Altamont would be purchasing a new senior van.
This 12-passenger van has approximately 37,000 miles and was in good condition.  This will give the Town two, fairly new, low mileage senior vans.
Councilman Redlich asked where the money would be coming from.

Supervisor Runion stated that the money would be coming out of the same budget line as the new bus, the capital reserve account for senior transportation.

MOTION #147  Councilman Redlich moved to PURCHASE A 12 PASSENGER SENIOR VAN FROM THE VILLAGE OF ALTAMONT FOR THE SUM OF $14,500.00.  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 #148  Councilwoman Slavick moved to ADJOURN THE SEPTEMBER 1, 2009 TOWN BOARD MEETING AT 8:04 PM.  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

                                        Respectfully submitted,
                
                                        Rosemary Centi, RMC
Town Clerk