by David Flint
The Stephentown Town Board met for their regular monthly meeting on Monday, January 19, Martin Luther King Day. In honor of Dr. King, Town Supervisor Tom Sherman called for a moment of silence. Noting that the following day was Inauguration Day, he wished the new President well in leading the nation through perilous times.
Rehire Neil Gardner?
Bringing up a subject that has confounded and divided townspeople in recent months, Councilman Larry Eckhardt reported that he had been asked by a number of persons whether Neil Gardner, who was relieved of his position as Highway Superintendent in October, could be re-employed by the Town since he had been sentenced to serve only a period of probation. He asked if there might be a position in the Highway Department that Gardner could fill. Sherman said that it was his understanding that a person convicted of a felony could not assume an elective office but could be considered if qualified for any open appointive position in the Town and could not be discriminated against because of his conviction.
A discussion ensued about whether there was a position in the Highway Department to fill or whether one could be created. Eckhardt said that if there was a lot of overtime being paid out, it might make sense to create another position. This would also afford protection if a worker were to get sick. Councilman Mark Prescott also expressed support for hiring Gardner. Councilman PJ Roder said, however, that the only available money in the budget was reserved for emergencies, and he believed that the Highway Department was doing a great job as they were. Overtime, he said, depended on the weather.
Highway Superintendent Aldy Goodermote refused to take part in this discussion and appeared to be somewhat exasperated that the subject had come up. He said the Board had removed Gardner and it was up to them to make any further changes. If they wanted to bring Gardner back as Superintendent, they could go ahead. In any case, he seemed to think he was caught in the middle and would come out looking badly “no matter how this goes.”
According to Gardner’s attorney, Tom Spargo, Gardner may apply for a certificate of relief from civil disabilities that would enable him to hold any job that requires a license, but the certificate would not be necessary for him to take a job in the town Highway Department. Spargo said, too, that regardless of the certificate, there is no prohibition against Gardner’s running for and assuming public office because he was never sentenced to imprisonment.
Residents Want Tayer Road Mining Stopped
Lory Hogan of Saddleback Ridge Road accompanied by Bonnie Lichak of East Nassau asked the Board if they intended to take lead agency status relative to an application from Troy Sand & Gravel to expand their mining activities at a site on Tayer Road. The company has asked for permission to mine an additional 21 acres in the 37 acre site. Lichak said residents in the area were hoping that the application would trigger the Town to take action to finally end the mining at this site. They expressed concerns about heavy truck traffic using a steep road down into East Nassau, about the amount of water that comes out of the pit flooding local fields, about the danger to children playing in the area and about the possibility that topsoil that was supposed to have been stockpiled for reclamation may have been sold off. They asked for an updated study on water issues. They feared that the Department of Environmental Conservation (DEC) was treating this application as a simple modification and that they would keep on granting permits to expand the mine unless the Town complains. And even then, they said that DEC has said that they will continue to process these applications regardless of what the Town says.
In 2003 DEC issued a permit re-authorizing mining at the gravel pit. The permit authorized Troy Sand & Gravel, which leased the land from Robert Boyle Jr., to continue mining on 25 acres while reclamation was is in progress on another part of the 37.7 acre pit. This gravel mining operation had been back and forth in the courts for most of the preceding decade, with a group in the area called the Stephentown Concerned Citizens attempting to shut it down. The New York State Supreme Court Appellate Division eventually delivered a final decision ruling against the Concerned Citizens.
Sherman said the Board would not take lead agency status because it could not afford it, but he offered to meet with Hogan and Lichak and any other concerned residents the next day to discuss the matter. He asked Code Enforcement Officer Dean Herrick to be present also as he was familiar with the history of this mine. PJ Roder commented that he was sympathetic to the residents’ concerns but noted that gravel mining is needed and that the industry had come a long way in recent years as far as protecting the environment.
Nora Way
Regarding the request of residents of Nora Way to have the Town take over that road, Sherman reported that he had finally determined that the missing owner of one of the houses on the road is Robbins Hollow Forest, LLC. Sherman said the matter is complicated by the fact that a parcel on two roads were deeded together, Nora Way and Robinson Hollow Road. The Nora Way portion will have to be segregated from the package before the Town can take possession of it. He advised the residents to contact the real estate agent and take the matter to the appropriate County office.
Shared Municipal
Services
The Board decided to join school districts, neighboring towns and the County in applying for a Shared Municipal Services Incentive Grant. The grant will fund a feasibility study for the Eastern Rensselaer and Columbia County Shared Vehicle Maintenance Facility. They unanimously passed a resolution authorizing the Town Supervisor to enter into an agreement as co-applicant with the County, the Berlin and New Lebanon School Districts, and the Towns of Berlin and Petersburgh among others. The Berlin School District will act as lead applicant.
New Building Permit Fees
The Board passed another resolution setting new fees for building permits. Fees for residential dwellings range from $150 for a house up to 1,500 square feet up to $200 for a house over 2,500 square feet and $25 for each additional 500 square feet. Fees for a commercial or industrial building will be $175 for up to 1,500 square feet, $225 for a building over 1,500 square feet and $25 for each additional 200 square feet. Permits for repairs, alterations or additions up to $2,000 cost $35. A permit and inspection for demolition work costs $35.
Transfer Station Charges
Councilman Eckhardt, who now heads the Board’s Transfer Station Committee, said he had developed a spreadsheet to determine day by day the traffic at the Station. So far he has found that there are some days when there is very little traffic, while other days are very busy. The intent, he said is to operate more efficiently at the least cost to the Town. He noted that the Berlin Transfer Station is open only three days, Saturday, Sunday and Monday. Eckhardt said he was looking for comments from the public.
Eckhardt also said that free electronics drop-off at the Station is no longer available. The contractor has backed out of the agreement and ERCSWMA, although in the process of negotiating for a new contractor is now charging $40 to take away a TV set.
Fund Balance Won’t Be Touched
Sherman reported that revenues are expected to be down this year by about 2% but because the Board has taken steps to reduce expenditures, it won’t be necessary to take money from the fund balance to balance the 2009 Budget. The Board in November approved a budget that included $69,151 for the General Fund and $70,000 for the Highway Fund to be taken from the fund balance. Sherman said neither of these allocations will be necessary.
Sherman said that people should note that the tax bills they have recently received show an increase of 5.5% for the County tax and 18.6% for County charge backs. In contrast, the tax levies for Stephentown’s General Fund, Highway Fund and the Fire District are down by 10%, 3% and 13% respectively.
Other Business
Sherman advised that seniors eligible for the enhanced STAR exemption should have received a notice in the mail to apply for it. Persons who believe they are eligible and have not received a notice should contact Town Assessor Tom MacVeigh or the Deputy Assessor Joan MacVeigh.
Sherman reported that the Berlin School District has sent out a questionnaire regarding possible uses people think should be made for the Stephentown Elementary School when it closes. Sherman will be meeting with County Executive Kathy Jimino this week to discuss the Town’s interest and how the County might help. Sherman noted that people should realize that the School District made the decision to close the school and the Town Board had nothing to do with it.
Councilman Chris Demick reported that the Dog Control Officer issued one new license last month and answered two calls for dogs running free.
Councilman Eckhardt advised residents who notice street lights not operating properly to notify the Town Clerk or a Town Board member. The Town pays for the street lights whether or not they are working.
Historical Society President Pat Flint reported on the upcoming 225th anniversary of the Town Charter. Flint said Warren Broderick at the State Archives has agreed to provide two copies of the original Charter signed March 29, 1784, one for the Historical Society and one for the Town Clerk to hold for the Town records.
A bid of $9,905.71 from Northeast Petroleum Technologies, Inc. to install a fuel pump system at the Highway Garage was accepted by the Board at the Organizational Meeting on January 7. Councilman Roder reported that Northeast Petroleum had ordered the materials and will set a date for installation in three or four weeks. Sherman said he would confer with Frank Zwack at the Fire District to keep them informed.
The Town Clerk reported that she had turned over to the Supervisor the sum of $1,095.11 for the month of December. The distribution from the Office of the State Comptroller, Justice Court Fund was $1,365 for the month of November and $865 for the month of December. The Transfer Station deposited a total of $3,182.
The Board audited and approved claims in the amount of $88,297.56 from the General Account and $30,923.46 from the Highway Account.
The Board set a public hearing for a proposed local law on Cold War Veterans exemptions for Monday, February 16, at 6:45 pm preceding their next regular meeting at 7 pm.