Stormwater Policy
What happened after the September 6, 2006 regular board meeting.........

Yes, folks we do have a Stormwater Policy! Unfortunately, the Town Board seems to want to keep it quiet. Below is a portion of the minutes of the September 6, 2006 Town Board Meeting (unedited). We start with Councilman Payne passing a resolution to go into Executive Session and the general public and press being excused at 7:12 p.m. with some people from peter j. smith & associates being allowed to stay.

Then at 8:06 p.m., they reconvened the regular portion of the Town Board Meeting and passed a Stormwater Policy. The policy apparently was crafted during Executive Session because the Town Board Meeting was adjourned at 8:11 p.m. and I doubt they were able to craft a Stormwater Policy in 5 minutes.

UPDATED 11/08/06: After further scrutinizing of the the September 6, 2006 Board Meeting Minutes, the following (unedited) appears under Public Presentations:

Stormwater Drainage Issues:

Robert Giglio inquired if the Town had any solution to the stormwater drainage problems on Mallory Road that he had presented at the August Town Board meeting. The Town Supervisor responded that the matter will be discussed in Executive Session and that the Town will have an extensive stormwater drainage program for 2007. Although there is no solution tonight, the Town is addressing the situation. Councilman Payne will follow up with the Highway Superintendent.

There is an Open Meetings Law that clearly states that it is illegal to discuss this topic in Executive Session. And given the fact that the minutes clearly state that the Town Board members fully intended for this discussion to take place during Executive Session, it is extremely arrogant of our elected officials to defy the law and hold the discussion in Executive Session anyway. Then in the next sentence they state "Although there is no solution tonight" and yet they came out of Executive Session and passed a Stormwater Policy? It clearly sounds like they did not want any residents to "hang around" after the Executive Session and take part in the discussions regarding the proposed "new" Stormwater Policy. This type of behind closed doors policy-making needs to be stopped. It is in the best interests of all residents, whether you have a stormwater problem or not, to see to it that the Town Board is open and abides by the law. To place themselves above the law is the kind of arrogance that cannot be tolerated!

This is the same Town Board that wants us to allow them to bond for $2,000,000 to fix 1/2 of the stormwater problems in the Town of New Hartford. Stormwater is clearly an issue in the Town of New Hartford, but unless we get a clear definition of what problems will be addressed and a definite plan of action, we are giving our Highway Dept. a "slush" fund. In case you are unaware, we already bonded for $1,000,000 in 1995. That money is already used up and we still have stormwater problems. Let's have some accountability, gentlemen!

Please continue reading for an unedited portion of the minutes outlining the Stormwater Policy that was unanimously approved on September 6, 2006.

You can look for more board meeting minutes information on this website in the coming weeks and we have also made it easy for you to search for items that may be of interest to you in all Town Board Meeting Minutes from June 2002 through the latest approved minutes.

Portion of the September 6, 2006 Board Meeting:

EXECUTIVE SESSION

Councilman Payne introduced the following Resolution for adoption and Councilman Reynolds seconded same:

(RESOLUTION NO. 261 OF 2006)

RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss possible real property acquisition, contract negotiations and possible GEIS.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

Thereafter, the Resolution was declared unanimously carried and duly adopted. All persons present, including the news media, were then excused from the meeting at 7:12 P.M. The Town Clerk was asked to stay in the event the Town Board took any action. Also participating were Eve Holberg and Peter Smith from peter j smith & associates.

RESOLVED that the New Hartford Town Board does hereby move to end its Executive Session and to reconvene the regular portion of the Town Board meeting.

The Board members voted upon roll call that resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted; the Executive Session ended at 8:06 P.M. The regular portion of the Town Board meeting was immediately reconvened.

Establishment of Stormwater Policy

Upon recommendation of the Highway Superintendent, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:

(RESOLUTION NO. 263 OF 2006)

WHEREAS, periodically Town residents experience drainage issues on lands belonging to the resident; and

WHEREAS, in most instances, the land is not included in a town drainage easement or drainage district, and the drainage issue is not related to the digging of a new ditch or drain for the free passage of water for the drainage of a highway; and

WHEREAS, the Town desires to restate and reinforce the provisions of Highway Law, as it pertains to the Highway Department working off the highway Rights-of-Way;

THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does concur with the provisions of Highway Law, Article 147, Entry Upon (private) Lands by town superintendent, which states:

The town superintendent may, when directed by the county superintendent, and when authorized by the town board, enter

Upon any lands adjacent to any of the highways in the town, for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of such highways.

Upon the lands of any person adjoining rivers, streams or creeks, to drive spikes, throw up embankments and perform such other labor as may be necessary to keep such rivers, streams or creeks within their proper channels, and to prevent their encroachment upon highways or abutments of bridges.

Upon the lands adjoining a highway which, during the spring freshets or at a time of high water are subject to overflow from such rivers, streams or creeks, to remove or change the position of a fence or other obstruction preventing the free flow of water under or through a highway, bridge or culvert, whenever the same may be necessary for the protection of such highway or bridge; and

RESOLVED that the highway superintendent may enter upon drainage easements that have been accepted by the Town to cause operation and maintenance operations, and may do so without the existence of drainage easements in emergency situations for health, welfare and safety reasons; and

RESOLVED that the Town Board grants the highway superintendent permission to conduct operation and maintenance operations upstream of any public infrastructure and stormwater management facility maintained by the Town to the extent that the superintendent believes is reasonable to protect public infrastructure and generally downstream a distance of one property to insure unimpeded flow of the stormwater runoff; and

RESOLVED that the highway superintendent is authorized to and may enter upon lands within drainage districts created by the Town for the purposes of operation and maintenance and is further authorized to install district infrastructure improvements within drainage districts, subject to approval and reimbursement funding by the town board.

Thereupon, the Town Board voted by roll call, resulting as follows:

Councilman Waszkiewicz - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

ADJOURNMENT

There being no further business to come before the Town Board, upon motion duly made and seconded, the meeting was adjourned at 8:11 P.M.

Online Assessment Program