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Town Board Minutes 10/20/2009
REGULAR TOWN BOARD MEETING                              OCTOBER 20, 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

***************************************************************************
Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the October 5, 2009 Town Board meeting.

MOTION #158  Councilman Pastore moved to ACCEPT THE MINUTES OF THE OCTOBER 5, 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- No Public Comment

Councilman Redlich asked Supervisor Runion to remind the public that there would be budget hearings the following week.
Supervisor Runion stated that there would be two budget workshops on October 26th and the 29th in the upstairs conference room.
A public hearing will be held on the budget on November 5th, 2009 at 7:30PM.

Councilman Redlich suggested that they be held in the boardroom so that they could be broadcast.
Supervisor Runion explained that they could not be held in the town boardroom as it was being used for court night.
                                        
MOTION #159  Councilman Redlich moved that the BUDGET HEARING MEETINGS BE HELD IN THE TOWN BOARDROOM AND HAVE THEM BROADCAST SO THAT THE PUBLIC CAN SEE THEM.  Councilman Grimm seconded the motion and it was denied by the following roll call vote:


Councilman Redlich      
Aye
Councilwoman Slavick
Opposed – “Because the Supervisor just said that the boardroom is being used for Court on Mondays and Thursdays.”
Councilman Pastore      
Opposed -  “I want to explain my vote here.  We’ve set down two dates that have been agreed upon, there has been public notices sent out regarding these two dates of the budget workshop, and the Supervisor has clearly indicated that there is a conflict of having those budget workshops in this room. For the reasons stated, we must have it in another room.  There seems to be a suggestion by this motion that there is a lack of transparency, or openness on the part of this government.  The public must know that that is not true.  I am vehemently opposed to this motion.”
Councilman Grimm
Aye  - “ I am in favor.  The whole point of opening up this process is so the public can see it.  Obviously they should be held here and on television so people can see it, otherwise it’s just restricted to the people who are in the room at the time.  That’s the whole point. It’s something we fought hard for, is to open up the budget process and this isn’t truly open if in fact the public isn’t going to be able to see it.”                              
Supervisor Runion
Opposed – “Our budget workshops from time in memoriam, which means for as long as they have been held, by any administration, whether is was a Republican administration under Kevin Moss right on through my administration in past years, have always been workshop sessions where we sit around the conference table, we discuss the budget with department heads.  We haven’t always required all department heads to attend, only those department heads that may have some objection usually to the non-inclusion, to some item that they wanted included in the budget.  They have always been workshop type sessions; they have always been work sessions, they have always been cordial and friendly and they are public meetings, they are opened to the public.  There are no requirements that when you hold a public meeting that it necessarily has to be publicized.”
PUBLIC HEARINGS:

7:30 PM – Zoning Enforcement re:  Ciembroniewiecz Property at 3600 Western Turnpike (tax map 13.00-1-10.2)
Town Clerk, Rosemary Centi, read the legal notice.

Supervisor Runion read a memo from Rodger Stone, Zone Code Enforcement Officer/Stormwater Management Officer.

Town of Guilderland Memorandum

To: Supervisor Runion, Richard Sherwood, Rosemary Centi and the Town Board
From:  Rodger E. Stone II
Office: Zoning Enforcement/Stormwater Management
Date:  October 20, 2009
Subject: 3600 Western Avenue tax ID # 13.00-1-10.2                                                                      
            Since February 2008 this office has received a multitude of complaints alleging that the automobile dismantling business being operated at 3600 Western Turnpike identified by tax map # 13.00-1-10.2 is discharging significant amounts pollutants from the above referenced address into waters of the United States and eventually into the Town of Guilderland MS4. These discharges are a violation of the Town of Guilderland IDDE Law # 241. Mr. Robert Ciembroniewicz is the owner of the property and operator of the automobile dismantling business. The (ZEO/SMO) has written several letters to Mr. Ciembroniewicz referencing the discharge of the pollutants from the site and that this practice is not allowed and must be stopped, Mr. Ciembroniewicz has been given deadlines for compliance all of which have passed with non-compliance, the ZEO/SMO has spoken to Mr. Ciembroniewicz in person at the site regarding the stopping the discharge, the ZEO/SMO has performed a multitude of site visits and inspections as a result of complaints and follow-ups to letters and issued Stop Work Orders, all of which Mr. Ciembroniewicz has ignored to date.

            The ZEO/SMO respectfully requests that the Town Board, as provided for in Guilderland Town IDDE Law 241- 12-A –1 & 2 set a specific time frame for Mr. Ciembroniewicz to comply with the Town of Guilderland IDDE Law # 241.The ZEO/SMO recommends a maximum of ten (10) days from October 21, 2009 for Mr. Ciembroniewicz to bring his above referenced property into compliance with Town of Guilderland IDDE Law # 241. If Mr. Ciembroniewicz fails to comply by the date set by the Town Board, the ZEO/SMO respectfully requests that the Town Board as provided for in Guilderland Town IDDE Law #241-12-A- 1 & 2 authorize a Town Agency or an outside contractor to bring the above referenced property into compliance with the Town of Guilderland IDDE Law # 241 and the expense for bringing the property into compliance shall be billed to Mr. Ciembroniewicz tax bill.

             Mr. Ciembroniewicz is also dumping, receiving and attempting to bury refuse, rubbish and waste materials on the above referenced property. These practices are violations of Guilderland Town Law Chapters #236-5-B and the Zoning Law of the Town of Guilderland #280-54. The ZEO/SMO respectfully requests that the Town Board as provided for in New York State Town Law # 64-5a set a specific time frame for Mr. Ciembroniewicz to comply with the two laws referenced in this paragraph. The ZEO/SMO recommends ten (10) days from October 21, 2009. If Mr. Ciembroniewicz fails to comply by the date set by the Town Board, the ZEO/SMO respectfully requests that the Town Board as provided for in New York State Town Law # 64-5a authorize a Town Agency or an outside contractor to bring the above referenced property into compliance with the Guilderland Town Law # 236-5-B and Zoning Law of The Town of Guilderland # 280-54 and the expense for bringing the property into compliance shall be billed to Mr. Ciembroniewicz.

            Additionally, The ZEO/SMO requests that a monetary penalty as provided for in Guilderland Town Law # 241-12-B, be assessed against Mr. Ciembroniewicz for wilful non-compliance with the Town of Guilderland IDDE Law # 241, # 236 and 280-54.

Stephen L. Rockmacher, Esquire, attorney for Mr. Ciembroniewicz, stated that he did not have a copy of the memo and the items were merely allegations.  
He stated that the property in question is currently under a consent order with the NYS Department of Environmental Conservation. Mr. Ciembroniewicz is paying a civil penalty each month, as well as conducting activities such as cleaning up the tires on the property, and any spills on the property.
He further stated that although the Town has local laws, the State law supecedes Town law and are stricter.  Mr Ciembroniewiecz cannot do the clean up in the ten days as stated in the memo from Rodger Stone.
Supervisor Runion asked, “How long is the compliance under the DEC order?”

Mr. Rockmacher stated that 4,000 waste tires have to be removed each week, he needed to relocate the fluid removal activities to a location physically removed from the property boundaries, which are approximate to resident neighbors, and within 60 days of the date of the order he must submit to DEC a stormwater pollution prevention plan which he has received an extension on.  The order was signed on June 12, 2009.  Certain amendments were made to the order regarding time frames.  The idea was to comply through the winter months into February 1, 2010.
Mr. Rockmacher stated that a new contract would be signed within the week and the last 8,000 tires would be removed this week.

Councilman Redlich asked what legal process was taking place in the Town.

Mr. Rockmacher explained to the Board the number of complaints made and citations issued against the property.  He said that DEC had set forth a scheduling order, a consent order with penalties, in order to take care of the property.
Mr Rockmacher stated that there had been a court date scheduled for October 19, 2009, and that there were citations issued for the site but that there would be no court proceeding due to the hearing to be held at this Town Board meeting.
He further stated that no adjudication should be done unless or until this matter was brought before the Town Justice who would determine if the Town had standing to file any type of action against Mr. Ciembroniewiecz.

Councilman Redlich questioned the procedure involved with the proceeding.
Mr. Rockmacher stated that what Mr. Stone was asking to be done was being done under the State’s guidance.  He further stated that it would be cleaned up by February 1, 2010, and that the issue should not be before the Town Board.  

Councilman Grimm asked if DEC had inspected the property and what the other issues were relative to the property.

Mr. Rockmacher stated that besides the issue of the tires, they were cited for violation of leaking containers of petroleum products, which were stored on the concrete pad, resulting in sheens of ponded water on the pad and the runoff of the petroleum products flowing off the pad during rains.
He further stated that there was petroleum contamination of surface water as a result of Mr. Ciembroniewiecz’ failure to control run-on and the run-off, and with having to move the crusher onto the concrete pad and several different laws regarding petroleum contaminations.

Councilman Grimm asked about DEC inspections.

Mr. Rockmacher stated that DEC inspections are random and unannounced.

Councilwoman Slavick asked how DEC was assured that tire removal was being done.

Mr. Rockmacher stated that each hauler fills out a slip regarding the number of tires removed informing Mr. Ciembronowiecz and then DEC in turn was notified.

Councilman Pastore asked when was DEC last on the property.
Mr. Rockmacher did not know.

Councilman Pastore asked if they reduced their findings into writing after their visits and they did not.

Councilman Grimm asked Mr. Stone if he was familiar with the details that DEC was performing at the site.

Mr. Stone stated that he had a copy of an order for June 27, 2008 that was executed by DEC, and based on his observations; inspections and photographs provided, he had not observed any action on the part of Mr. Ciembroniewiecz.

Discussion was held regarding the timeline of photographs.

Mr. Stone stated that he had left numerous messages with DEC and had not as yet received any return phone calls.
He also stated that the copy of his order showed 16,000 tires were to be removed.  There is an estimate of 100,000 tires on the property.

Supervisor Runion clarified that a new order had been issued and asked for an explanation.

Mr. Rockmacher explained that an extension was issued by DEC due to the fact that they could not get a contractor to remove tires; consequently a new consent order was issued.

Mr. Stone stated that there were photos showing the burying of debris and tires.
He further stated that his observations showed non-compliance with the consent order that he had.
Further discussion was held regarding the accusations against Mr. Ciembroniewiecz.

Mr. Mark Van Wormer, neighbor, stated that the whole process had been in effect for four or five years.
He gave a history of the salvage operation prior to Mr. Ciembroniewiecz.
He stated that the crusher was along his fence and that the crushing operation continued well into the night.  The old tires from the cars that were crushed remain on the property.
He said that he had asked Mr. Ciembroniewiecz to move the crushing operation and he refused.
Consequently, his renters left and he stated that he could no longer obtain insurance for his property.
He complained of polluted water running off the property. He expressed his concern that the operation was not moved further back on the property and that the concrete pad that Mr. Ciembroniewiecz was ordered to build was next to another neighbor’s window.

Supervisor Runion asked Mr. Van Wormer if he had seen any Encon Officials and Mr. Van Wormer stated that he had.
He also stated that Mr. Stone had repeatedly been to the property following up on complaints.
He asked that this issue be put before the Court.  

Mr. Salvatore Belardo another neighbor, stated that Mr. Ciembroniewiecz operates his business right under his window.  The fumes and the noise are affecting his quality of life.  He asked that the operation be moved to the back of the property.
He further stated that he had made a number of calls to officials.

Mr. Rockmacher stated that his contact at DEC was Karen Lavery, Assistant Regional Attorney and Tom Reynolds.
He further stated that there was nothing in the current consent order that stated the operation had to be moved on the site.

Councilman Grimm asked why it could not be pushed back on the property.

Councilman Redlich stated that the Board was not being asked to deal with moving the operation only with requiring clean up.

Councilwoman Slavick stated that the property was under a consent order for over a year.
Councilman Redlich asked if town law pre-empted federal law?

Mr. Rockmacher stated that the Federal Law was the one that had to be followed as the supreme law. He further stated that they wanted NYS law to be followed.

Supervisor Runion disagreed and stated that the Federal Government and the DEC had passed on to local municipalities the responsibility for storm water drainage issues.  Approximately one year ago, the Town adopted storm water drainage regulations.   The Town is monitored very closely to insure that proper regulations and local laws are in place. The Town must have proper educational requirements completed and proper compliance with the Town’s rules and regulations.
Supervisor Runion indicated that there was no pre-emption under the Environmental Conservation law.
He further stated that he found it hard to believe that if neighbors object, based on the fact that their quality of life is being impaired due to the crushing activity sitting ten feet from their back yards, that the operation could be moved to other property and it wasn’t being done.
He stated that if the operation were moved and the clean up done in the front part, which should not have been disturbed in the first place, because the salvage yard should have been operating at 1,000 feet in, fewer complaints would be made.

He said, “It seems to me that the predicament that we are in is all based on a lack of sensitivity to the neighbors that are around you and a lack of sensitivity to our storm water regulations. My feeling is that we, as a Town Board, need to deal with this issue and it should not be passed off to Encon because it doesn’t appear they have been responsive to some of the neighbors and that could be because over the last year and a half they passed off some of this responsibility to local municipalities.”

Mr. Rockmacher stated that they understood that the regulations needed to be followed and that Mr. Ciembroniewiecz was doing the best that he could under the financial constraints that are out there.
He further stated that ten days was not enough time to address the issues.

Supervisor Runion stated that one other issue that was very disturbing was the leaking petroleum products and leaking containers with some sort of slick coming down the driveway. Although the Town did not own the water supply that serves the Town of Guilderland and the City of Watervliet, it was the Town’s obligation as the municipality to protect it from contamination.  It was disturbing that this contamination problem has not been resolved or addressed. He wanted to see this taken care of immediately not over some order that extends from DEC though February 1, 2010.  He also asked for whatever steps had been taken by the property owner to alleviate the leaking oils and whatever other contaminants as described by Mr. Van Wormer that have been flowing down this driveway.
He further stated that some sort of protection needed to be done immediately to stop the contaminants from flowing off the site.  

Mr. Rockmacher stated that a request for proposal had gone out for a Storm Water Discharge Permit for control of the runoff.

Supervisor Runion stated that the SPEDES allowed for clear, uncontaminated water into the navigable waters of the State of N.Y. He stated that this had nothing to do with a SPEDES permit and asked again what was going to be done to get the problem contained and removed off the site.

Mr. Rockmacher stated that an environmental consultant would have to design something to contain the run off.

Supervisor Runion asked if a quote had been obtained for the consultant and Mr. Rockmacher stated that they had not obtained an environmental consultant as yet.  Supervisor Runion further stated that it was disturbing that there were no answers as to when the containment would take place.
He stated that this was an emergency condition that should not be allowed to go on.  

Councilman Redlich asked Mr. Stone how long the issue had been ongoing.

Mr. Stone stated that his first complaint was from February 2008.  He further stated that EPA had passed down to DEC and to the local municipalities to form Erosion and Sediment Control Laws dealing with storm sewers and illicit discharge and detection elimination laws.  He said, “We are responsible to enforce these laws.  Any other laws do not supersede us.”

Town Attorney, Richard Sherwood, read the section 241 of the IDD law giving the Town the authority to do that.

Supervisor Runion stated the Town Court’s only jurisdiction was to fine the property; injunctive relief was the responsibility of the Town Board.

Councilman Grimm asked what Mr. Stone had seen relative to the water runoff.

Mr. Stone stated that there was oil sheen to the water.

Councilman Grimm further asked when Mr. Stone had first seen the pollution of the water and Mr. Stone stated that it had been since 2008 but based on the observations of neighbors, it could have been going on longer.

Councilman Pastore stated that the concern was the cleanup rather than the fines but we could do both.

Mr. Stone stated that we should do both.

Councilman Redlich asked how much clean up would cost and would the Town end up footing the bill.

Supervisor Runion stated that the Town Board would hire a town-designated engineer to oversee the complaint.  If Mr. Ciembroniewiecz does not pay the bill for the clean up, it would be levied onto his tax bill.  The County would make the Town whole.

Town Attorney, Richard Sherwood, stated that the financial concerns or issues of Mr. Ciembroniewiecz were irrelevant.  Neighbors should not have to pay the price for his inability to clean up the property.  He has had over a year to clean up the property.  He further stated that there is no requirement for adjudication.

Mr. Rockmacher stated that he has a commitment from Mr. Ciembroniewicz that the pollutants could be disposed of ten days from now.

Mr. Stone stated that no clean up has been done to date.

Councilman Grimm stated that this was an intolerable situation that was affecting our water supply and it needed to be addressed immediately.

Supervisor Runion asked the Town Attorney what could be done.

Town Attorney, Richard Sherwood, stated that a short period of time could be given to meet all of the aspects of the violations that have been issued.  
Councilman Pastore stated that the more reasonable approach for this Board to adopt would be that the clean up begin immediately and be completed within ten days.

Town Attorney, Richard Sherwood, stated that a short time frame is fine particularly when there has been prior notice of the violations and nothing had been done.

Councilwoman Slavick asked if Mr. Ciembroniewiecz had been notified of these violations and Mr. Stone stated that he had personally spoken with Mr. Ciembroniewiecz concerning these issues.

Mr. Ciembroniewiecz explained his financial situation and stated that he was resolved to clean up the property.  He also stated that he was trying to get out of the car crushing business and instead crush metals such as shopping carts, which have no contaminants.
He asked for a few days and he stated that the contaminants could be removed within four days.
He stated that he would drain vehicles at another location in Rotterdam.
Mr. Ciembroniewiecz asked for due process.

Councilman Pastore stated that legal notices have gone out and that this was an emergency situation with photos showing a tremendous amount of leakage and runoff of contaminants and petroleum products.
He further stated that he would like an immediate resolution of the problem.
He asked if Mr. Ciembroniewiecz could be at his property over the next ten days so the Zone Code Enforcement Officer could visit the site to oversee the clean up.
Mr. Ciembroniewiecz stated that he would be.

Councilman Grimm asked if he had received a legal notice and Mr. Ciembroniewicz stated that he did not.
Town Clerk, Rosemary Centi, stated that a notice had been sent to the property owner.

Mr. Stone stated that he had personally notified Mr. Rockmacher concerning the issue.
Town Clerk, Rosemary Centi, stated that no notices had been returned to her.

Councilwoman Slavick asked how it could be assured that this pollution would not continue.

Mr. Stone stated that it would be difficult as there were a number of areas on site that still held the pollutants.
He further stated that the first item that should be addressed would be containment of pollutants from running off the property.

Town Attorney, Richard Sherwood, stated that the Town Board had within its power to set a timetable.

Councilman Pastore asked if DEC involvement would be necessary to determine critical areas in order to start clean up.
Mr. Stone stated that he did not need DEC but he could make contact.

Councilman Grimm stated that the clean up of the run off should be started immediately.

Councilwoman Slavick asked that Rodger Stone supervise.

Supervisor Runion suggested that an environmental engineering firm be hired to develop a plan that would be implemented within a certain time frame.
Mr. Stone asked if the Town Board could appoint a Town Designated Engineer.  He also suggested that “dyking and damming” be done so that run-off could be controlled.

Mr. Sherwood stated that they could appoint an engineer.  He further suggested that Mr. Ciembroniewicz’ Special Use Permit could be revoked if he failed to comply with an order.
Further discussion was held regarding the property.

Supervisor Runion stated that an estimated amount from the engineer could be placed into an escrow account for clean up.

Mr. Rockmacher stated that an environmental consultant could be hired within five business days.

MOTION #160 Supervisor Runion proposed the following order:

THE TOWN OF GUILDERLAND                         O R D E R

-against -

ROBERT CIEMBRONIEWICZ,
Regarding violations of Town Code at 3600 Western Turnpike


Pursuant to published legal, notice, a public hearing was held before the Town Board of the Town of Guilderland on October 20, 2009, with Town Attorney, Richard J. Sherwood, Esq., appearing on behalf of the Town of Guilderland and Stephen L. Rockmacher, Esq. appearing on behalf of the Respondent property owner, Robert Ciembroniewicz, The Town Board considered the positions of the parties, the testimony of the Town Zoning Enforcement Officer/Stormwater Management Officer, Rodger E. Stone II, the Respondent, Robert Ciembroniewicz, Mark Van Wormer and Salvatore Belardo, adjoining property owners to the Respondent, and the evidence
submitted; and

After due deliberation, the Town Board finds that there exist numerous violations of Chapter 241 of the Town Code which require immediate remediation and it is therefore hereby

ORDERED, that Robert Ciembroniewicz, owner of the property known as 3600 Western Turnpike in the Town of Guilderland (the “Property”), shall remove and remediate all gas, oil, antifreeze and any other petroleum products or pollutants, whether contained or uncontained, that currently exist on the Property within five (5) business days from the issuance of this Order; and it is further

ORDERED, that Robert Ciembroniewicz, submit to the Town Board by 4:00 pm on November 4, 2009 an outline from a qualified Environmental Engineering Firm indicating an action plan for the following regarding the Property in order to comply with the Town’s stormwater management regulations, together with a time-frame for completion for review and approval by the
Town Board:

1. The cleaning up, removal and sanitary disposal of the accumulation of waste
materials, rubbish, garbage and refuse;

2. The elimination of the threat to human health, human safety and the
environment by eliminating the discharge of hazardous materials by proper and
sanitary disposal;

3. The elimination of the disposal of liquid waste that is currently being discharged into the surface waters and MS4 of the Town of Guilderland and waters of the United States;

4. The containment and properl disposal of the non-stormwater discharge that is
currently being discharged into the surface waters and MS4 of the Town of
Guilderland and waters of the United States;

5. The removal of any and all unlicensed and/or junk vehicles from the Property;

6. The removal and proper disposal of the rubbish, trash, and debris, including but
not limited to, bags of garbage, clothing, dilapidated outbuildings, broken and rusting metal furniture (including but not limited to bed frames, chairs and springs), propane gas cylinders, tires, and lumber, all of which is present on the Property and is decaying into the soil; and

7. The submission of an Illicit Discharge, Detection and Elimination Plan and an
Erosion and Sediment Control Plan for the review and approval by the Town Zoning Enforcement Officer/Stormwater Management Officer which shall contain practices that shall eliminate the impingement of any non-stormwater upon any waters of the United States, the Town of Guilderland MS4, the Town of Guilderland surface waters and any properties adjacent to the Property; and it is further

ORDERED, that pursuant to the Order of the Town Board and Town Code Section 120-11, the Town Zoning Enforcement Officer/Stormwater Management Officer and any other duly authorized agent or employee of the Town shall have the right at any reasonable time to enter upon the Property, and shall have the right at all times to inspect all parts of the Property for compliance with the Town Code and this order of the Town Board; and; it is further

ORDERED, that any failure on the part of the Respondent to comply with any of the requirements of this Order shall constitute a full and complete default under this Order. Upon a finding of any such default, the Town Zoning Enforcement Officer/Stormwater Management Officer shall submit an affidavit detailing said default to the Town Supervisor. Upon receipt of such notice by the Town Supervisor, the Town Board authorizes the Town Supervisor to take immediate action to remedy the default utilizing Town employees or agents or subcontractors. The cost of the remediation, whether undertaken by Town employees, agents, or subcontractors, shall be assessed against the Property and shall appear on the 2010 property tax bill; and it is further.

ORDERED, Upon a finding of any such default, the Respondent is directed to immediately cease and desist all work on the Property and the Town Zoning Enforcement Officer/Stormwater Management Officer is directed to immediately bring an action to revoke the Respondent’s special use permit before the Town Zoning Board of Appeals; and it is further

ORDERED, Upon a finding of any such default, Respondent shall be noticed of such default by delivery of a copy of said affidavit to Respondent’s attorney, Stephen L. Rockmacher, Esq. by       regular mail at 740 Union Street, Schenectady, NY 12035 and by email at srock@srocklaw,.com with no opportunity to cure; and it is further

        ADOPTED, by unanimous resolution of the Town Board of the Town of Guilderland, all members being present.

Dated:  October 20, 2009
Guilderland, N.Y.

                                                _________________________________
                                                Kenneth D. Runion, Supervisor

Councilman Pastore seconded the motion and it was carried by the following roll call vote:


Councilman Redlich      
Aye – “I have some concerns, but with the property owner having consented to this order, I am in favor.”
Councilwoman Slavick
Aye – I am in favor because we cannot have the Town’s water in jeopardy with this run off of petroleum and other products.”
Councilman Pastore      
Aye
Councilman Grimm
Aye – In favor.  Thanks for everybody coming out tonight, for all sides to express your views.  Finally, I think we are working towards some resolution here.”
Supervisor Runion
Aye – “I am going to again relay to the property owner that it is important that you comply with the direction of the Town Board because the cost could become much greater with non-compliance if the Town has to undertake this work.  I do feel that you need to respect the property rights of the neighbors and that you would enter into some sort of discussion with them concerning the relocation of this crusher because to me, that is another extremely problematic issue.  We will see you back here on November 5, 2009.”
Supervisor Runion thanked all the neighbors for coming out to address this issue.

8:00 PM – Sewer Assessment Roll pursuant to Section 202 of the Town Law
Town Clerk, Rosemary Centi, read the legal notice.

Supervisor Runion explained that Section 202 pertained to the principal and interest portion of the roll.
Supervisor Runion also stated that sewer areas are divided into two zones.  Zone A consists of areas with sewers already installed and ready for use and Zone B is where the sewer is proposed to be in use within the next five (5) years.
In Zone A, a typical single-family home would pay $85.14 towards principal and interest owed by the sewer district, a decrease of $2.62 from last year.
In Zone B, a typical single-family home would pay $26.17 towards principal and interest, a decrease of $.79 from last year.

Supervisor Runion asked for comments from the public.  No public comment.

MOTION #161  Councilman Redlich  moved to CLOSE THE PUBLIC HEARING ON THE  SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202 OF TOWN LAW.  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 # 162  Councilwoman Slavick  moved to ADOPT THE RESOLUTION AS SUBMITTED ESTABLISHING THE PRINCIPAL AND INTEREST PORTION OF THE SEWER ASSESSMENT ROLL FOR ZONE A AND ZONE B PURSUANT TO SECTION 202 OF THE TOWN LAW.  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

8:15 PM – Approval of Sewer Assessment Roll pursuant to Section 202(a) of the Town Law
Town Clerk, Rosemary Centi, read the legal notice.

Supervisor Runion explained that this second hearing, pursuant to Town Law 202(a), pertains to the operation and maintenance portion of the Sewer District Assessment Roll.  The typical single - family home would pay $214.96 towards operation and maintenance of the sewer system for 2010, an increase of $2.35 from the previous year.
A typical single - family home would still be paying less than in 2009 because of the decrease in principal and interest.

Supervisor Runion asked for public comment.  No public comment.

MOTION #163  Councilman Redlich  moved to CLOSE THE PUBLIC HEARING ON SEWER DISTRICT ASSESSMENT ROLL PURSUANT TO SECTION 202 (a) OF TOWN LAW.  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 #164 Councilman Redlich moved to ADOPT THE PREPARED RESOLUTION SETTING THE OPERATION AND MAINTENANCE PORTION OF THE SEWER DISTRICT ASSESSMENT ROLL PURSUANT TO SECTION 202 (a) OF TOWN LAW.  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

AGENDA ITEMS:

Item #1 on the agenda concerned the installation of stop signs to replace yield signs at the intersections of Lincoln Drive and Presidential Way and Lincoln Drive and Jefferson Court per the recommendation of the Traffic Safety Committee.

Councilwoman Slavick, liaison to the Traffic Safety Committee, stated that minutes of the last meeting had been given to the Town Board.  She also stated that neighbors had come in with their concerns and that a traffic study had been done.

MOTION #165 Councilman Pastore moved to APPROVE THE INSTALLATION OF STOP SIGNS TO REPLACE YIELD SIGNS AT THE INTERSECTIONS OF LINCOLN DRIVE AND PRESIDENTIAL WAY AND LINCOLN DRIVE AND JEFFERSON COURT PER RECOMMENDATIONS OF THE TRAFFIC SAFETY COMMITTEE.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:


Councilman Redlich      
Aye “ I grew up on Jefferson Court and I don’t think there has been any changes in the neighborhood.  I don’t think it’s a bad idea to put the stop signs in since apparently 71 residents think it’s a good idea to do something.”
Councilwoman Slavick
Aye – “There was a petition signed by 71 residents in that area.”
Councilman Pastore      
Aye
Councilman Grimm
Aye
Supervisor Runion
Aye

Item #2 on the agenda concerned the hiring of Matthew Hanzalik to fill vacant police officer position per the recommendation of the Chief of Police.
Councilman Grimm asked if this was a new position.
Supervisor Runion stated that it was an open position that hadn’t been filled.  It was a vacancy from a retirement of an Investigator.
Councilman Redlich asked if there would be another retirement.
Supervisor Runion stated not this year but that there could possibly be two next year.  Officer Hanzalik would be a lateral transfer from the Village of Cobleskill Police Force.  He also worked as a telecommunicator for Guilderland and was familiar with the streets.
Councilman Redlich asked if anyone would be promoted to Investigator and if there was room in the budget for this.
Supervisor Runion stated that there would not be a promotion.  This was a position that was left open and there was money in the budget for this in 2009 and for 2010.
Officer Hanzalik would be sworn in on October 30, 2009.

MOTION#166 Councilwoman Slavick moved to APPROVE HIRING MATTHEW HANZALIK TO FILL A VACANT POLICE OFFICER POSITION PER RECOMMENDATION OF THE CHIEF OF POLICE.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:


Councilman Redlich
Aye – “ I have actually had the opportunity to work with the Cobleskill Village Police Department on a number of occasions.  It is an excellent police department and I am looking forward to seeing what Officer Hanzalik can do with us.”
Councilwoman Slavick
Aye- “ I did conduct the interview with Matthew Hanzalik and I think he does bring a lot of experience as he is already an officer in Cobleskill.  He was a Dispatcher here and he was also with the Altamont Police Department.”
Councilman Pastore      
Aye
Councilman Grimm
Aye “Good luck to Officer Hanzalik.”
Supervisor Runion
Aye – “Officer Hanzalik was someone that we had tried to hire in the past, but due to some Civil Service requirement we were not able to bring him in at that time.  It was because Cobleskill felt so highly of him that his probationary period was extended so that he couldn’t come to us at that time.  I think he is going to be a great addition to our Police Department.  I would like to remind Board members that he will be sworn in on October 30th.  Some sort of notification will go out as to the time.”

Item # 3 on the agenda concerned accepting dedication of 70.3 acres of land to the Town of Guilderland to be used as an archaeological park South of Western Avenue and West of Vosburgh Road.
Supervisor Runion explained that since prehistoric artifacts were found on the site by the State, the State required that this site be designated as an archaeological site.

Councilman Redlich asked if this piece of property would become part of the Town Park system and Supervisor Runion stated that it would. It would have no impact on the Town’s insurance rates.
Councilman Redlich asked how this park would be maintained.
Supervisor Runion stated that there would be trail access but that there would be no real maintenance other than monitoring it.

MOTION #167  Councilman Pastore moved to APPROVE THE DEDICATION OF 70.3 ACRES OF LAND TO THE TOWN OF GUILDERLAND TO BE USED AS AN ARCHEOLOGICAL PARK SOUTH OF WESTERN AVENUE AND WEST OF VOSBURGH ROAD.  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 #168  Councilman Pastore moved to AUTHORIZE THE SUPERVISOR TO SIGN AN ESCROW AGREEMENT FOR WATER SYSTEM INSTALLATION IN REGARD TO 20 WEST SUBDIVISION. 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 #169  Councilman Redlich moved to ADJOURN THE OCTOBER 20TH TOWN BOARD MEETING AT 9:45 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

Reminder:  The Town Board will be conducting two special meetings to be held on October 26, 2009 at 7:30 PM and October 29, 2009 at 7:30 PM to meet with various town departments and discuss the preliminary 2010 Town Budget.

On October 26, 2009, the following department heads will be presenting their budgets:  Highway, Planning, Assessor, Building, Fire Prevention, Parks and Recreation, and Transfer Station.

On October 29, 2009, the following department heads will be presenting their budgets:  Police, Paramedics, Town Clerk, Receiver of Taxes and Court.

A Public Hearing on the adoption of the 2010 Preliminary Town Budget is scheduled for 7:30 PM on November 5, 2009.

The 2010 Preliminary Budget filed by the Supervisor, if approved by the Town Board, contains no tax rate increase for 2010.  The town tax rate remains at 26 cents per thousand dollars of assessed valuation.

All of the above mentioned meetings are open, public meetings and residents are encouraged to attend.

Respectfully submitted,

Rosemary Centi, RMC
Town Clerk