July 2, 2019

MaryEllen Elia, Commissioner of Education

NYS Education Department
89 Washington Ave.
Albany, New York 12234

Dear Commissioner Elia:

As you may be aware, citizens in the City of Rensselaer have serious concerns with the Dunn
Construction and Debris Landfill operating so close to the City’s only public school. Recently, it
was revealed that the District Superintendent signed an agreement with landfill owners to accept
donations and financial support in exchange for not criticizing or interfering with the operation
or reauthorization of the largest construction and demolition debris landfill in the State The
landfill is adjacent to the BOCES Pre-K and K-12 single-facility public school.
We do not object to the school accepting donations but strongly object to the nature of this
agreement. Therefore, we ask that you and the Board of Regents prohibit Superintendents from
entering into like agreements. We further ask that you direct the School Superintendent and any
other representative of the school district to vacate the “non-involvement” agreement.
Contrary to statements by the School Board President, the school was at the current site prior to
the conversion of a small sand and gravel operation to the permitted landfill in 2012. Since the
beginning of the landfill operation, there have been ongoing odor and dust issues.
The "Donation Agreement" was obtained through a Freedom of Information Law request. Signed
by Superintendent Joseph A. Kardash, the agreement prohibits him from "opposing or objecting
or otherwise interfering with the Company's current operations, future operations, and or
development of its property and/or its disposal facility located in Rensselaer, NY...." and that
“the School District shall not affirmatively oppose the Company in any application for renewal
or expansion of the operations at such facility." The agreement is attached.
I have copied members of the Health Care Work Group, as the proximity of the landfill to the
school presents a health threat to the students. We ask that you consider meeting with a group of
concerned citizens so that we may hear of your plans to address our concerns.
Sincerely,

David Ellis Lou Sebesta Andrea Smyth

1129 First Street 36 Partition Street 50 Northside Ave
Rensselaer, NY 12144 Rensselaer, NY 12144 Rensselaer, NY 12144
518-256-3870 518-915-3451 518-795-5270

CC: Regents Cotrell, Hakanson, Cea, Norwood, Collins