NISKAYUNA TOWN MEETING TOWN COUNCIL Denise Murphy Mcgraw John A

NISKAYUNA TOWN MEETING TOWN COUNCIL Denise Murphy McGraw John A. Della Ratta Bill McPartlon June 11, 2019 Lisa Weber Yasmine Syed Supervisor

AGENDA FOR THE JUNE 11, 2019 SPECIAL MEETING

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF MINUTES

a. Minutes from the Regular Town Board Meeting of November 15, 2018 b. Minutes from the Special Town Board Meeting of December 4, 2018 c. Minutes from the Regular Town Board Meeting of December 18, 2018 d. Minutes from the Special Town Board Meeting of January 8, 2019 e. Minutes from the Regular Town Board Meeting of January 22, 2019 f. Minutes from the Regular Town Board Meeting of February 26, 2019

5. PRIVILEGE OF THE FLOOR

6. PUBLIC HEARINGS

a. A public hearing regarding an application for a special use permit for an outdoor farmers market at 2227 Nott Street.

b. A public hearing regarding a proposed Town of Niskayuna Turf Management Plan.

7. RESOLUTIONS

8. 2019-166 (Sponsored by Supervisor Syed and Councilwoman Weber) A Resolution to establish a Farmers Market Committee

9. 2019-167 (Sponsored by Councilwoman Weber) A Resolution to set certain fees for vendors of a farmers market

10. 2019-168 (Sponsored by Councilwoman McGraw) A Resolution to authorize the Supervisor to enter into a revised contract with VIM Recyclers, LP for the treatment and disposal of liquid organic waste

11. 2019-169 (Sponsored by Councilwoman McGraw) A Resolution to award a contract for the repair of the Avon Crest sign

NISKAYUNA TOWN MEETING TOWN COUNCIL Denise Murphy McGraw John A. Della Ratta Bill McPartlon June 11, 2019 Lisa Weber Yasmine Syed Supervisor

AGENDA FOR THE JUNE 11, 2019 SPECIAL MEETING

12. CEREMONIAL RESOLTIONS

13. 2019-170 (Sponsored by Supervisor Syed) A Ceremonial Resolution honoring a Schenectady County Human Rights Commission MLK Coalition Scholarship Recipient

14. 2019-171 (Sponsored by Supervisor Syed) A Resolution honoring a Schenectady County Human Rights Award Community Group Awardee

15. 2019-172 (Sponsored by Councilwoman Weber) A Resolution honoring the Niskayuna Crew Team’s Women’s Freshmen Quad, Men’s Freshmen Quad and Women’s Junior Quad as State Champions

16. 2019-173 (Sponsored by Councilwoman Weber) A Resolution honoring the Niskayuna Crew Team’s Women’s Junior Quad as National Champions

17. MOTION TO ADJOURN

AT THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 18th DAY OF DECEMBER, 2018, AT 7:00 PM AT THE EDWIN D. REILLY, JR. NISKAYUNA TOWN HALL BOARD ROOM, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT:

Yasmine A. Syed, Supervisor John Della Ratta, Councilman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman Lisa Weber, Councilwoman

PRIVILAGE OF THE FLOOR

Bill Pippino 1027 Hickory Rd, thanked the Highway Department for picking up his yard waste in a timely manner.

Bill Chapman, 1465 Clifton Park Road, thanked the Town Board for their support of the Complete Street Committee. Mr. Chapman reported on an article from the New York Times on walking cities and towns.

Gail King, 1633 Balltown Road, Commented on the proposed reconstruction of Nott Street from Balltown Road and Clifton Park Road.

Barbara Pidgeon, 46 Pine Street Glenville, NY, commented that she would like to see a new Ethics Committee formed in the Town of Niskayuna that has no connection with the Town Board.

Leslie Gold 1919 Pawtucket Avenue, commented that there was a Ethics Committee years ago before Supervisor Landry and that in a small Town it is inevitable that people will know each other.

Bill Chapman 1465 Clifton Park Road, spoke on the reconstruction of Nott Street. Mr. Chapman commented that he was on the Niskayuna Town Board for 3 terms and he got to know many people in the Town because of that, you get to know people in Town.

There being no other members of the public wished to be heard, Supervisor Syed closed privilege of the floor.

COMMITTEE REPORTS

Community Programs Committee: Councilwoman Weber reported there were 36 children that participated in the Parents Night Out and thanked the Highway Department for providing the tree for the Holiday Tree Lighting; there were about 200 in attendance, with 86 students from the Niskayuna High School choir there to sing. The tree lighting event was sponsored by 1st New York Credit Union. The high school ski club will start up in January, if any adult would like to champion you may contact Julie Lohre. This year Town Hall participated in having a Wish Tree for Things of my Very Own. This is an organization that helps children in need. This is the first year the Town of Niskayuna participated in this and it was a big success. This year’s holiday luncheon at the senior center was held on December 11th, with performance by the Ladies First choir from Niskayuna High School. The senior center will be containing the exercise program scheduled, which can be found on the Town’s website. The next Community Programs Committee meeting will be held on January 8th at 3p.m. in the Schaefer Room.

Economic Development and Historic Preservation and Environmental Conservation Committee: Councilman Della Ratta reported that the applicant of the Holocaust Memorial requested that the item be move to June of 2019 so that they can build a consensus on the project. The grant for the Nott Street project is moving forward and the Planning Board approved a new tenant in ShopRite Plaza, Karma Bistro. The next Economic Development and Historic Preservation and Environmental Conservation Committee will be held January 4th in the Schaefer Room.

Transportation and Public Facilities Committee: Councilwoman McGraw reported that the Highway Department is still picking up yard waste, leaves need to be put in bags and cans to assure pick because of the snow. Councilwoman McGraw announced there is a resolution on the agenda tonight to hire a plant operator for the Waste Water Treatment Plant. Work is still underway for the replacement of water mains on Seneca Road, Winne Road and Carrie Court and the asbestos removal at the old Water and Sewer Garage; the asbestos needs to be removed before the building is taken down. Councilwoman thanked Deputy Town Attorney Paul Briggs for all his work on the contract for the Water and Sewer Employee the Board will be voting on the resolution this evening.

Public Safety Committee: reported there are surplus vehicles on a resolution tonight to be sold. There was a DWI check point on Union Street the Wednesday before Thanksgiving, the net for this check point was, 27 violations and 2 DWI’s. Councilman McPartlon thanked everyone that was involved in this check point and also thanked N-Cap additional funding for this patrol. Councilman McPartlon thanked Officer Bethany McGuire in the training of new Officers. Citizen issues with regards to Dean Street weight limit signs, Fernwood Drive and Pinehaven Drive with regards to speed and a stop sign request and the weight limit on Whitmyer Drive. Councilman McPartlon reminded everyone that winter parking rules are in affect; no parking on the streets of Niskayuna 3 a.m. – 6 a.am. Councilman McPartlon reported the Police Department is using the new traffic ticket. Deputy Chief Stevens attended the second forum at the Niskayuna High School for Strategies for Safety. Officer Lucy is a full-time officer and

Recruit Walters is graduating on January 16th. The next Public Safety Committee meeting will be held January 8th at 8a.m. here at Town Hall.

SUPERVIORS’ REPORT

Supervisor Syed remarked on what a fun, festive and special evening it was at the tree lighting event here at Town Hall, and thanked Councilwoman Weber, Councilman McPartlon, Town Clerk Martinelli, and Senator Jim Tedisco and her family for attending. Supervisor Syed thanked the Highway Department for all their help on set up and 1st New York Credit Union for donating the cookies and hot chocolate. Supervisor Syed reported the Town will be up fitting the video equipment in the board room to enable live streaming of all the Town of Niskayuna meeting. Supervisor Syed announced she will be delivering a state of the town address in January which will give a 2018 facial year in review and goals and new initiatives for 2019. Supervisor Syed thanked the Superintended of Highway Ray Smith and his employees for all the hard work they did on the yard waste pick-up this month. Supervisor Syed also acknowledged and thanked John Jackson from the Water and Sewer Department for his work with Congregation Agudat Achim in resolving their water leak.

RESOLUTIONS

The following resolutions were approved with a vote of five ayes unless otherwise noted.

Resolution 2018-310 establishes the dates for the meetings of the Town Board for 2019.

Resolution 2018-311 makes certain budgetary modifications.

Resolution 2018-312 authorizes the Supervisor to enter into an inter-municipal agreement for shared services with the County of Schenectady.

Resolution 2018-313 adopts revisions to the Employee Handbook.

Resolution 2018-314 authorizes the purchase of a filing system for use by the Town Clerk.

Resolution 2018-315 authorizes the surplus and sale of certain town vehicles.

Resolution 2018-316 authorizes the purchase of chemicals to be used by the Town of Niskayuna in its public works operations during 2019.

Resolution 2018-317 appoints a Senior Wastewater Treatment Plant Operator.

Resolution 2018-318 accepts bids for the purchase of various materials to be used by the Town of Niskayuna in its public works operations during 2019.

Resolution 2018-319 authorizes the Supervisor to enter into an inter-municipal agreement with Fulton County.

Resolution 2018-320 authorizes the repair of Highway equipment.

Resolution 2018-321 authorizes the Supervisor to enter into a licensing agreement with the Niskayuna Youth Soccer Club.

Resolution 2018-322 authorizes the Supervisor to enter into a Memorandum of Agreement with the CSEA Water and Sewer Unit.

Resolution 2018-323 accepts bids for the purchase of various materials to be used by the Town of Niskayuna in its Highway operations during 2019.

Resolution 2018-324 approves and authorizing the Supervisor to execute natural gas supply agreement for natural gas with Direct Energy in Cooperation with the Municipal Electric and Gas Alliance, Inc. (MEGA) and pursuant to Genesee County Bid Award and Contract.

Resolution 2018-325 authorizes the Town to renew its membership in the New York State Municipal Workers’ Compensation Alliance Plan.

Resolution 2018-326 appoints a person as a part-time dog warden.

Resolution 2018-327 authorizes the Supervisor to enter into a Memorandum of Agreement with General Electric International, Inc. relating to the Schenectady County Solar Energy Consortium.

Resolution 2018-328 is in regards to the nomination of a project for the State and Municipal Facilities Grant Program.

Resolution 2018-329 authorizes the Supervisor to enter into a contract for the renewal of workers’ compensation administration services.

Resolution 2018-330 authorizes the Supervisor to enter into a contract for professional services for a street tree master plan.

Motion was made by Councilman Della Ratta to table this resolution, Supervisor Syed seconded, the roll was called, and with a vote of five ayes the resolution was tabled

Resolution 2018-331 approves the 2019 salary schedule.

Motion was made by Councilwoman Murphy McGraw to table this resolution, Councilman McPartlon seconded, the roll was called, and with a vote of five ayes the resolution was tabled.

Resolution 2018-332 amends certain fees imposed by the Town of Niskayuna.

Resolution 2018-333 authorizes a stipend for the Town Comptroller.

Motion was made by Councilman McPartlon to table this resolution, Councilman Della Ratta seconded, the roll was called, and with a vote of five ayes the resolution was tabled.

Resolution 2018-334 awards a contract for asbestos removal.

Resolution 2018-335 awards a contract for air quality monitoring and testing

Resolution 2018-336 sets a salary for the Deputy Receiver of Taxes.

Ceremonial Resolutions

Resolution 2018-337 honors William Lee for his years of service to the Town of Niskayuna.

Supervisor Syed made a motion to go into executive session, pursuant to Public Officers Law (105) (f), motion was seconded by Councilwoman Weber, the roll was called, with a vote of five ayes, the Town Board went into executive session at 8:40 p.m.

At 9:07 p.m. the Town Board convened, Supervisor Syed made a motion to read resolution 2018-33, Town Clerk Martinelli read, the vote was called, resolution 2018-331 was adopted with a vote of five ayes.

There being no further business to come before the Board, Supervisor Syed adjourned the meeting. Michele M. Martinelli, Town Clerk

AT THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 4th DAY OF DECEMBER, 2018, AT 7:00 PM AT THE EDWIN D. REILLY, JR. NISKAYUNA TOWN HALL BOARD ROOM, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT:

Yasmine A. Syed, Supervisor John Della Ratta, Councilman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman Lisa Weber, Councilwoman

Others present: Michele M. Martinelli, Town Clerk; Robert Hess, Town Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Daniel McManus, Chief of Police; Michael Stevens, Deputy Chief of Police; Ray Smith, Highway Superintendent; Richard Pollock, Superintendent of Water and Sewer; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; Andrew Bigness, Confidential Secretary to the Supervisor; Barbara Pidgeon, Clerk to Town Justice; Nancy Reilly, Senior Account Clerk; PRIVILEGE OF THE FLOOR Gail King, 1633 Balltown Road, commented on the proposals for the Nott Street restructuring. Leslie Gold, 1919 Pawtucket Avenue, stated the County should be involving both the business owners and the public in on the meeting which are conducted for the reconstruction of Nott Street. Ms. Gold is favor of the resolution supporting St. Clare’s retirees that is on the agenda this evening. There being no other members of the public hearing wished to be heard, Supervisor Syed closed privilege of the floor. RESOLUTIONS The following resolutions were approved with a vote of five ayes unless otherwise noted.

Resolution 2018- 306 amends certain fees imposed be the Town of Niskayuna.

This resolution was taken off the agenda.

Resolution 2018-307 authorizes the purchase and installation of computer servers and software for use at Town Hall.

Resolution 2018-308 supports the former employees of St. Clare’s Hospital during their pension crisis.

Resolution 2018-309 makes certain budgetary modifications.

There being no further business to come before the Board, Supervisor Syed adjourned the meeting. Michele M. Martinelli, Town Clerk

AT THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 15th DAY OF NOVEMBER, 2018, AT 7:00 PM AT THE EDWIN D. REILLY, JR. NISKAYUNA TOWN HALL BOARD ROOM, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT:

Yasmine A. Syed, Supervisor John Della Ratta, Councilman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman Lisa Weber, Councilwoman

Others present: Michele M. Martinelli, Town Clerk; Diane R. Percy, Receiver of Taxes; Robert Hess, Town Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Paul Sebesta Comptroller; Daniel McManus, Chief of Police; Ray Smith, Highway Superintendent; Matthew Yetto, Superintendent of Water and Sewer; Lori Peretti, Coordinator of Community Programs; Andrew Bigness, Confidential Secretary to the Supervisor; Barbara Pidgeon, Clerk to Town Justice. PRIVILEGE OF THE FLOOR

Leslie Gold, 1919 Pawtucket Avenue, stated she is happy with the changes to the preliminary budget, but was disappointed to see that the HR position was not in the budget. She sees the wisdom of adding a grant writer. Darryl Bray, 1420 Van Antwerp Road, was concern with the proposed increase in Town pool fees and he believes that it’s a good idea that the Waste Water Treatment Plant will be making money for the Town of Niskayuna. There being no other members of the public wished to be heard, Supervisor Syed closed privilege of the floor. COMMITTEE REPORTS

Community Programs Committee: Councilwoman Weber announced Parents Night Out will be held on December 7th, 6-9 p.m. for children ages 4-10. Pre-registration is required, and the price of admission is one unwrapped toy. The holiday tree lighting will be held on December 9th at Town Hall. The West Mountain Friday night ski club will be starting in January. Councilwoman Weber announced that the planned activities at the senior center will be canceled tomorrow due to the expected weather and the senior center will also be closed next Thursday and Friday for the Thanksgiving holiday. The Niskayuna Senior Center, thanks to the generosity of the Niskayuna Community Foundation, was given IPads for use at the center. The seniors have the opportunity to learn how to use an IPad and the senior center has also partnered with the Apple store at Crossgate for our senior to attend IPad classes. The seniors will be taking a trip to Proctors to see How the Grinch Stole Christmas, there are a few tickets left if anyone is interested in going. The Holiday dinner will be held at the Niskayuna Senior Center December 11th and all are welcome. The Next Community Programs Committee meeting will be held on

November 27th at 3 p.m. at Town Hall. The meeting for the Senior Advisory Committee will be November 29th at 2 p.m. on the lower level of the Senior Center. Economic Development and Historic Preservation and Environmental Conservation Committee: Councilman Della Ratta announced the retirement of William Lee who has served on the Conservation Advisory Committee for over 40 years. There will be a reception for Mr. Lee on December 5th at Town Hall. Councilman Della Ratta thanked Supervisor Syed and Councilwoman Murphy McGraw for all their hard work on the budget.

Transportation and Public Facilities Committee: Councilwoman Murphy McGraw announced the leaf pick-up will resume after the snow plowing is complete. Councilwoman Murphy McGraw thanked everyone who attended the building dedication for the naming of Town Hall; The Edwin D. Reilly, Jr. Town Hall. Councilwoman reported Supervisor Syed and Councilwoman Murphy McGraw both had the privilege of being part of the opening of two new businesses in Town, WellNow Urgent Care on Balltown Road and Tangles, a hair salon on State Street. Public Safety Committee: Councilman McPartlon reported there will be surplus vehicles on next month’s agenda that are from the impound lot. Deputy Chief Stevens is putting together the 2019 bonding proposal for new patrol cars. Fall firearms training is underway and Det. Sgt. Twitty and Sgt. Kochan attended Crisis Negotiation training on October 25th. Councilman McPartlon reported the committee discussed weight limit restrictions on Dean Street, which Deputy Supervisor Fiminski will be researching; no parking signs on Troy Place; some driving complaints at KinderCare. A volume and speed study will be conducted for a request for a placement of a stop sign at Fernwood Drive at Pinehaven Drive. There was a request for signage on Rosendale Road at Old River Road. It was also requested to look into signage issues on Balltown Road. Councilman McPartlon reported the Drug Take Back Day collected about 137 pounds of drugs and thanked everyone who helped. There are new parking and traffic tickets that have been designed and are being printed. Councilman McPartlon thanked all the police and fire departments that took part in the mutual aid response to the event which took place at Niskayuna High School. Councilman McPartlon announced the next Public Safety Committee meeting will be held on December 4th at 8 a.m. here at Town Hall in the Schaefer Room.

SUPERVISOR’S REPORT

Supervisor Syed reminded everyone Town Hall will be closed next Thursday and Friday for the Thanksgiving holiday. The Toys for Tots drive Stuff the Fire Truck, will be hosted by Sandra Stevens next Saturday outside of L.T.’s Grill. Supervisor Syed thanked the Town Council members for their input, especially Councilwoman McGraw for her hard work and dedication, and Paul Sebesta, Town Comptroller for all his time and dedication on the 2019 budget. This is a budget we all can be proud of.

RESOLUTIONS

The following resolutions were approved with a vote of five ayes unless otherwise noted.

Resolution 2018-291 authorizes the Supervisor to enter into a collective bargaining agreement with the Niskayuna Police Benevolent Association.

Resolution 2018-292 authorizes the Supervisor to enter into an agreement with the Schenectady County Youth Bureau.

Resolution 2018-293 appoints a member to the Town’s Complete Streets Committee.

Resolution 2018-294 appoints additional employees in the Town’s Water and Sewer and Building and Planning Departments.

Resolution2018-295 authorizes a warrant for 3rd Quarter Corporate Utility Rents.

Resolution 2018-296 authorizes the Supervisor to enter into an inter-municipal agreement.

Resolution 2018-297 makes certain budgetary modifications.

Resolution 2018-298 adopts the Annual Budget for 2019.

A motion was made by Supervisor Syed to word the resolved section to read, Preliminary Budget as revised this was seconded by Councilwoman Murphy McGraw. The roll was called and the vote on the motion was passed with a vote of five ayes. Resolution 2018-299 adopts the Special Districts budget for the Town’s drainage districts for 2019.

Resolution 2018-300 adopts the Special Districts budget for Consolidated Water District No. 1 for 2019.

Resolution 2018-301 adopts the Special Districts budget for the Town’s lighting districts for 2019.

Resolution 2018-302 adopts the Special Districts budget for the Town’s park districts for 2019.

Resolution 2018-303 adopts the Special Districts budget for Consolidated Sewer District No. 1 for 2019.

Resolution 2018-304 adopts the Special Districts budget for Sewer District No. 6 for 2019.

Resolution 2018-305 authorizes the Supervisor to enter into a contract for the construction of a splash pad.

There being no further business to come before the Board, Supervisor Syed adjourned the meeting. Michele M. Martinelli, Town Clerk

AT THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 26th DAY OF FEBRUARY, 2019, AT 7:00 PM AT THE EDWIN D. REILLY, JR. NISKAYUNA TOWN HALL BOARD ROOM, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT:

Yasmine A. Syed, Supervisor John Della Ratta, Councilman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman Lisa Weber, Councilwoman

Others present: Michelle Mazuryk, Deputy Town Clerk; Paul Briggs, Town Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Paul Sebesta, Town Comptroller, Daniel McManus, Chief of Police; Michael Stevens, Deputy Chief of Police; Ray Smith, Highway Superintendent; Matthew Yetto, Superintendent of Water and Sewer; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; Barbara Pidgeon, Clerk to Town Justice, Denis Brennan, Town Historian. PRIVILEGE OF THE FLOOR

Amy Howansky, 2833 Whitmyer Drive, as a member of the Niskayuna Tree Council, with regards to the upgrade of River Road Park, she would like to see the Town Board keep a line item open specifically for the planting of trees. It is important that there is a diversity of planting and the Tree Council is available to help with that task. Another issue she would like to discuss is that as a resident of Whitmyer Drive, she is opposed to the contract with Pepsi and any future contracts with any other entities to accept any out of town waste products for a fee at the facility. This project did not go through the normal planning and zoning process. In fact when the Town of Niskayuna submitted paperwork to the DEC they incorrectly submitted information twice. The facility is in fact surrounded by the Mohawk River State Park and there will be an increase in traffic. She finds it interesting that the Supervisor, Town Attorney and the Town Board met with the residents of Dean Street regarding their traffic concerns on their street. When the residents of Whitmyer Drive requested a meeting not a single member of the Town Board, nor the Town Supervisor attended that meeting.

Kathy Longe, 2873 Whitmyer Drive, Thirty-three years ago, she and her husband chose a building lot on Whitmyer Drive to build their dream home. They were surrounded by peace and tranquility. Currently it is a living nightmare. She requested the Town Board before they vote examine their conscience and ask themselves if their children or grandchildren lived on Whitmyer Drive would they be willing to vote yes.

Nick Chiesa 126 Dewitt Avenue, Schenectady, is opposed to the change in zoning at 500 Balltown Road, Niskayuna.

Kevin Walsh, 2843 Whitmyer Drive, is concerned with what happens after the trial contract with the Waste Water Treatment Plant. If you do the math, budget revenue projections actually account for more trips to the Waste Water Treatment Plant. When no other members of the public wished to be heard, Supervisor Syed closed the privilege of the floor.

PRESENTATION

Presentation – Laura Robertson, Town Planner discussed proposed re-zoning of 500 Balltown Road, from R-2 Medium Density Residential to N-MU Neighborhood Mixed Use.

Presentation – Matthew Yetto, Superintendent of Water & Sewer briefly discussed some of the changes that are going on at the Waste Water Treatment Plant and some new initiatives that will be considered this evening.

PUBLIC HEARINGS

A public hearing to consider the issuance of bonds relating to the increase and improvement of the facilities of Sewer District No. 1 being sanitary sewer main reconstruction and the installation of sewer main slip lining, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental expenses in connection therewith, at a maximum estimated cost of $75,000

When no members of the public wished to be heard, Supervisor Syed closed the public hearing. A public hearing to consider the issuance of bonds relating to the joint increase and improvement of the facilities of Sewer District No. 1 and Sewer District No. 6 being the cost of a backhoe, including incidental equipment and expenses in connection therewith, at a maximum estimated cost to said Districts of $62,500

When no members of the public wished to be heard, Supervisor Syed closed the public hearing. A public hearing to consider the issuance of bonds relating to the increase and improvement of the facilities of the Consolidated Water District No. 1 being the Water District’s share of the cost of the purchase of a backhoe, including incidental equipment and expenses in connection therewith, at an aggregate maximum estimated cost of $62,500

When no members of the public wished to be heard, Supervisor Syed closed the public hearing.

A public hearing to consider the issuance of bonds relating to the increase and improvement of the facilities of Consolidated Water District No. 1 being the reconstruction of water mains, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental expenses in connection therewith, at a maximum estimated cost of $500,000

When no members of the public wished to be heard, Supervisor Syed closed the public hearing. A public hearing to consider the issuance of bonds relating to the increase and improvement of the facilities of Sewer District No. 6 being the sewer force main replacement, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental expenses in connection therewith, at a maximum estimated cost of $240,000.

When no members of the public wished to be heard, Supervisor Syed closed the public hearing. COMMITTEE REPORTS

Community Programs Committee: There will be a tubing trip on Friday March 1 that is already full. They fill up quickly. Currently our staff is busy planning our spring and summer program. That information will be available by April 1, 2019. We have a big announcement regarding Ballettone exercise coming to Town Hall starting in March. The Care Fair will also be coming to Town Hall in March. It is for people who are looking to help support aging family members or are looking for some home care or assisted living themselves. Saturday March 9 from 11:00 to 1:00. There are other trips available through the senior center coming up. The next community programs meeting will be on Tuesday March 5 at 3:00 pm.

Economic Development and Historic Preservation and Environmental Conservation Committee: The Town Department Heads are committed to working hard to make our tax dollars count in Niskayuna, by applying for grants. We will be applying for a grant for a Bike Rodeo Program and a pop up event on Grand Blvd., in conjunction with the County of Schenectady. We will also be submitting an application to DEC for invasive species. There has been a lot of input from residents regarding the potential re-zone of the OD Heck parcel. Batteries & Bulbs will be moving next to Blaze Pizza. We would like to welcome them. The Tree Council has set a date for Arbor Day Saturday April 27, 2019 at Blatnick Park.

Transportation and Public Facilities Committee: Very busy for the Highway Department, due to the weather. They are managing snow along with branches and trees . The Waste Water Treatment Plant is nearing completion. The Waste and Sewer Garage is nearing the point for the old facility to be demolished. The Splash Pad in Blatnick Park will be moving forward. It will look much better and is more in line with our community. The Avon Crest wall is another project on our hands as it recently was hit by a vehicle. We are securing estimates to have the sign repaired. The Town Board along with the Comptroller and Town Attorney went on a field trip to the Pepsi plant. We witnessed what is called “crushing”. Our goal is to be net-zero. We want to be good stewards with the community and good to the environment. Regarding softball, we really got there on this project. Thank you to all for their endless help with this project. Finally the fields will be out from under water. There will be parking,

paths etc. There will be upgrades to other parks including the long overdue Dog Park. New bathrooms will a great addition. Paul Webster is Niskayuna’s Metroplex representative.

Public Safety Committee: Operation issues are always discussed. A vehicle maintenance contract is ready to be signed. Two new police cruisers are on order. We have officers attending Crisis Negotiation SUPERVISOR’S REPORT

There were several Public Hearings this evening and sad to see that no one spoke at any of the hearings. It is nothing that will come up for a vote tonight, but there will be resolutions at the March Town Board meeting. All of them are important to the maintenance of our infrastructure. Happy with the Capital Projects Plan that was put together this year, it will be for the maximum benefits of our residents. There will be voting this evening for bonding for a Tandem Dump truck. This is an essential piece of equipment for sanding and plowing in order to keep our streets safe. We will also be considering bonding for our parks. There is a resolution for the improvements of the River Road Park and that will also include improvements to the softball fields. One of the main goals was to fix the field drainage issues. These fields were not playable. There is no reason why our girls should not be playing on safe and dry fields. One distinction needs to be made about the bathrooms at the park. Softball did not ask for the facilities. It was something that the Town of Niskayuna wanted to do. This is balance the interest sport leagues with that of the residents that frequent the parks. We really do have to thank Assemblyman Phil Steck for the grant awarded to the Town in the amount of $250,000. Without that there is absolutely no way we could be making the improvements we intend to make. Supervisor Syed announced she will be on the Bob Cudmore show. She was also invited to the Annual International Woman’s Day Celebration on March 9.

RESOLUTIONS

The following resolutions were approved with a vote of five ayes unless otherwise noted.

Resolution 2019-39 authorizes, subject to permissive referendum, the issuance of bonds for the purchase of equipment

Resolution 2019-40 authorizes, subject to permissive referendum, the issuance of bonds to pay for the cost of improvements to various parks

Resolution 2019-41 hires an intern to complete the ADA transition plan and to adjust the hourly rate of the intern

Resolution 2019-42 authorizes the submittal of the CDTC Capital Coexist Grant for a pop-up event and bike lane on Grand Boulevard

Resolution 2019-43 authorizes the submittal of the Terrestrial and Aquatic Invasive Species Rapid Response Grant to the DEC

Resolution 2019-44 purchases a trailer for use by the Highway Department.

Resolution 2019-45 accepts bids for the purchase of various materials to be used by the Town in its public works operation during 2019

Resolution 2019-46 authorizes the Superintendent of Highways to advertise for bids for temporary seasonal laborers in the Highway Department

Resolution 2019-47 authorizes the Superintendent of Highways to advertise for bids for certain lawn mowing and trimming services for the Dean Street and Baker Avenue parks

Resolution 2019-48 authorizes the Supervisor to enter into an inter-municipal agreement for 2019 with the County of Schenectady for the mowing and maintenance of the Grand Boulevard Islands and the Union Street (Rt. 7) Islands “Triangle Area”

Resolution 2019-49 authorizes a warrant for the 2018 4th Qtr. Corporate Utility rents

Resolution 2019-50 authorizes the purchase of parts for pump station repairs and maintenance

Resolution 2019-51 authorizes the Supervisor to enter into a contract for demolition of the Water & Sewer garage at 2155 River Road

Resolution 2019-52 authorizes the Supervisor to enter into a contract to accept liquid organic waste

Resolution 2019-53 awards a contract for the maintenance of the Police Department’s vehicles for 2019

Resolution 2019-54 authorizes the Supervisor to enter into an agreement with the County of Schenectady for the County STOP-DWI Program

Resolution 2019-55 authorizes the Supervisor to enter in a contract for data cloud storage and disaster recovery

Resolution 2019-56 permanently appoints the Superintendent of Water and Sewer

Resolution 2019-57 sets the salary schedule for a Confidential Secretary to the Supervisor. A motion was made by Councilman Della Ratta to table is resolution and was seconded Councilwoman Murphy McGraw.

UPON ROLL CALL THE FOREGOING RESOLUTION WAS TABLED BY THE FOLLOWING VOTE:

COUNCILMAN DELLA RATTA VOTING AYE COUNCILWOMAN MURPHY MCGRAW VOTING AYE COUNCILMAN MCPARTLON VOTING AYE COUNCILWOMAN WEBER VOTING AYE SUPERVISOR SYED VOTING No

Resolution 2019-58 (Sponsored by Supervisor Syed) A Resolution to make certain budgetary modifications A motion was made by Councilman McPartlon to amend this resolution, on page 4 line 3 of the attachment, amended A001990.4000 contingency decrease for 1895, Supervisor Syed seconded to amend, roll was call

UPON ROLL CALL THE FOREGOING MOTION ON THIS RESOLUTION WAS AS AMENDED BY THE FOLLOWING VOTE:

COUNCILMAN DELLA RATTA VOTING AYE COUNCILWOMAN MURPHY MCGRAW VOTING AYE COUNCILMAN MCPARTLON VOTING AYE COUNCILWOMAN WEBER VOTING AYE SUPERVISOR SYED VOTING AYE

Supervisor Syed made a motion to amend this resolution and Councilwoman Murphy McGraw seconded.

UPON ROLL CALL THE FOREGOING RESOLUTION WAS ADOPTED AS AMENDED BY THE FOLLOWING VOTE:

COUNCILMAN DELLA RATTA VOTING AYE COUNCILWOMAN MURPHY MCGRAW VOTING AYE COUNCILMAN MCPARTLON VOTING AYE COUNCILWOMAN WEBER VOTING AYE SUPERVISOR SYED VOTING AYE

Resolution 2019-59 authorizes the submittal of a “10,000 Trees and Growing” application to National Grid

Resolution 2019-60 appoints a temporary seasonal worker in the Parks Department

Resolution 2019-61 appoints a person to the position of Water and Sewer Maintenance worker in the Water and Sewer Department

There being no further business to come before the Board, Supervisor Syed adjourned the meeting. Michelle Mazuryk, Deputy Town Clerk

AT THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 22nd DAY OF JANUARY, 2019, AT 7:00 PM AT THE EDWIN D. REILLY, JR. NISKAYUNA TOWN HALL BOARD ROOM, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT:

Yasmine A. Syed, Supervisor John Della Ratta, Councilman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman Lisa Weber, Councilwoman

Others present: Michele M. Martinelli, Town Clerk; Paul Briggs, Town Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Paul Sebesta, Town Comptroller, Michael Stevens, Deputy Chief of Police; Matthew Yetto, Superintendent of Water and Sewer; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; Barbara Pidgeon, Clerk to Town Justice, Denis Brennan, Town Historian. PRIVILEGE OF THE FLOOR

Leslie Gold, 1919 Pawtucket Avenue, is pleased to see resolution 2019-37 in the agenda to tonight and would like to see the 2% tax cap be withdrawn.

David D’Arpino, 2200 Grand Boulevard, thanked the Town Board for voting him on to the Town Planning Board again.

When no other members of the public wished to be heard, Supervisor Syed closed privilege of the floor. PRESENTATION

A Presentation was given by Planning Board member David D’Arpino regarding a proposal to reinstate an Architectural Review Board within the Town of Niskayuna.

COMMITTEE REPORTS Community Programs Committee: Councilwoman Weber congratulated the new Town Historian. Councilwoman Weber announced there will be February school break camps this year they will include a Harry Potter camp which runs Tuesday-Friday from 9 a.m. - 12 p.m. for grades K-6, an all-day Red Cross Baby Sitting class for kids 12 and up on Wednesday February 20th and a tubing trip to West Mountain on February 2nd for grades 5-8. Councilwoman Weber announced the senior center is continuing their educational and exercise programs. There was a presentation from Umbrella today at the senior center; this is an organization that helps retired people with home maintenance at an affordable cost. The senior center is also in the middle of IPad classes. Councilwoman Weber reviewed the Community Programs Committee resolutions that are on this evening’s agenda. Councilwoman Weber asked of Supervisor Syed to review the

scope of the improvement to River Road Park and other Town park improvements, and discussed bonding issues with the Town Board member and the Town Comptroller.

Economic Development and Historic Preservation and Environmental Conservation Committee: Councilman Della Ratta reported that the Committee is trying to stay on top of grants and are continuing on with the plans for the ADA transition which involves taking the inventory of all the sidewalks and transportation areas of the Town of Niskayuna to formulate a plan for the American Disabilities Act. The committee is also working on a Street Tree Master Plan for the Town and is also working on a neighborhood notification law which deals with and researches the application of lawn chemicals in the Town of Niskayuna. The next meeting will be held on February 1st at 8:15 a.m. here at Town Hall.

Transportation and Public Facilities Committee: Councilwoman Murphy McGraw thanked the Highway Superintendent Ray Smith and his crew for all their hard work on snow removal and grooming of the park trails. The Highway Department is still in the process of picking up Christmas trees and if you still have a tree you need to dispose of you can call the Highway Department. The Public Works Department is still looking for employees to work at the Transfer Station. Councilwoman Murphy McGraw commented on resolution 2019-37 with regards to the importance of Governor Cuomo and the State Legislature to continue aid & incentives to municipalities (AIM) payments in FY 2019-20 State Budget. Councilwoman Murphy McGraw reported there will be upgrades done at the Town of Niskayuna Dog Park this year.

Public Safety Committee: Councilman McPartlon reported Officer Lucy is now full- time. Councilman McPartlon thanked Ray Smith for all the Highway Department’s work during the last snow storm, with clearing trees and branches from the Town roads. Chief McManus reported at the Public Safety meeting the crash data from the Balltown Road and Aqueduct Road circle. There is a mini bid in for two new police cars to add to the fleet and the Police Department had three officers attend a active shooting drill at the Watervliet Arsenal. The committee discussed changing the signage on Dean Street to keep trucks from using the road and changing the signs at the S curve on Van Antwerp Road and winter parking rules are in affect. The Fire Chief reported calls are up about 8% and that the Police and Fire Department are looking into combination grants for protective gear. Councilman McPartlon congratulated Officer Walter who graduated from the academy on January 16th.

SUPERVISOR’S REPORT

Supervisor Syed reported that student Shivani Singh will be shadowing her for the reminder of the school year; she is a junior at Niskayuna High School. She will be hopefully learning how Town government works and the particular challenges faced by local government and also how diverse female leaders can impact their communities. Supervisor Syed reported she addressed the Niskayuna Women in Leadership Forum and talked to them about how she got involved in politics. Supervisor Syed attended Hello Hillside and presented the students with a participation plaque for voter participation. Supervisor Syed encouraged all that are interested in the rezoning project for OD Heck to attend the public hearing on January 28th at 7 p.m. here at Town Hall. Supervisor Syed reported the project leaders for the Balltown Road and Nott Street

reconstruction are considering a third option for this project. If anyone has any comments they would like to share please direct them to herself, Town Board members or Laura Robertson. There will also be a post on the Niskayuna Town Website on the project to keep everyone updated.

RESOLUTIONS The following resolutions were approved with a vote of five ayes unless otherwise noted.

Resolution 2019-18 retains professional engineering services on an as needed basis.

Motion was made by Councilman Della Ratta to amend this resolution to change all the 2018 dates to 2019. This was seconded by Councilwoman Murphy McGraw, the roll was called and the amended was passed with five Ayes.

Resolution 2019-19 approves expenditures for an emergency sewer repair.

Resolution 2019-20 authorizes payment for services provided during an emergency water main replacement.

Resolution 2019-21 makes certain budgetary modifications.

Resolution 2019-22 appoints a Plant Mechanic at the Waste Water Treatment Plant.

Resolution 2019-23 reconciles the corporate utility rents for the 3rd quarter of 2018.

Resolution 2019-24 reconciles the residential and corporate utility billing for the 1st half of 2018.

Resolution 2019-25 sets the 2019 fees for pavilion rentals. Resolution 2019-26 authorizes the submittal of a Grant Application to Schenectady County Initiative Program.

Resolution 2019-27 employs independent contractors and seasonal employees in the Town’s Office of Community Programs. Resolution 2019-28 appoints a part time employee.

Resolution 2019-29 calls for a public hearing for the bonding of improvements to facilities in Sewer District No. 1.

Resolution 2019-30 calls for a public hearing for the bonding of improvements to facilities in Sewer District No. 1 and Sewer District No. 6.

Resolution 2019-31 calls for a public hearing for the bonding of improvements to facilities in Water District No. 1.

Resolution 2019-32 calls for a public hearing for the bonding of improvements to facilities in Sewer District No. 6.

Resolution 2019-33 calls for a public hearing for the bonding of improvements to facilities in Water District No. 1.

Resolution 2019-34 authorizes, subject to permissive referendum, the issuance of bonds for the purchase of equipment.

Councilwoman Murphy McGraw made a motion to Table this resolution. Supervisor Syed seconded, the roll was called, and this resolution was tabled with five Ayes.

Resolution 2019-35 authorizes, subject to permissive referendum, the issuance of bonds to pay the cost of improvements to various parks.

Councilwoman Murphy McGraw made a motion to Table this resolution. Councilman McPartlon seconded, the roll was called, and this resolution was tabled with five Ayes.

Resolution 2019-36 authorizes the preparation of a proposal for vehicle maintenance for the police department.

Resolution 2019-37 calls on Governor Cuomo and the State Legislature to continue aid & incentives to municipalities (AIM) payments in FY 2019-20 State Budget.

CEREMONIAL RESOLUTIONS

Resolution 2019-38 honors the Niskayuna High School Girl’s Indoor Track and Field Team.

Supervisor Syed made a motion to go into executive session, Councilman McPartlon seconded.

Supervisor Syed stated that after executive session there will be no further business to come before the Board, Supervisor Syed will adjourn the meeting.

Michele M. Martinelli, Town Clerk

AT THE SPECIAL/ORGANIZATIONAL MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 8th DAY OF JANUARY, 2018, AT 7:00 PM AT THE EDWIN D. REILLY, JR. NISKAYUNA TOWN BOARD ROOM, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT:

Yasmine A. Syed, Supervisor John Della Ratta, Councilman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman Lisa Weber, Councilwoman

Others present: Michelle Mazuryk, Deputy Town Clerk; Diane R. Percy; Robert Hess, Town Attorney; Paul Sebesta, Town Comptroller; Stanley Fiminski, Jr., Deputy Town Supervisor; Daniel McManus, Chief of Police; Michael Stevens, Deputy Chief of Police; Ray Smith, Highway Superintendent; Matthew Yetto, Superintendent of Water and Sewer; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; William Lawrence, Systems Administrator; Barbara Pidgeon, Clerk to Town Justice.

PRIVILEGE OF THE FLOOR

When no members of the public wished to be heard, Supervisor Syed closed privilege of the floor.

RESOLUTIONS

The following resolutions were approved with a vote of five ayes unless otherwise noted. Resolution 2019-1 permanently appoints an employee in the Police Department.

Resolution 2019-2 appoints persons to the Zoning Board of Appeals.

Resolution 2019-3 appoints the chair of the Zoning Board of Appeals.

Resolution 2019-4 appoints persons to the Planning Board and Zoning Commission.

Resolution 2019-5 appoints the chair of the Planning Board and Zoning Commission.

Resolution 2019-6 appoints persons to the Conservation Advisory Council.

Resolution 2019-7 appoints persons to the Complete Streets Committee.

Resolution 2019-8 appoints persons to the Ethics Board.

Resolution 2019-9 approves a bond for the Town’s officials and employees.

Resolution 2019-10 designates the official newspaper.

Resolution 2019-11 designates banks to be a depository of funds.

Resolution 2019-12 authorizes the Supervisor and Deputy Supervisor to transact certain business.

Resolution 2019-13 establishes mileage reimbursement for employees.

Resolution 2019-14 authorizes clerical support for the Receiver of Taxes.

Resolution 2019-15 authorizes Town firefighters to act as Town fire inspectors.

Resolution 2019-16 appoints persons to the Tree Council.

Resolution 2019-17 appoints the Town Attorney and Deputy Town Attorney.

APPOINTMENTS

Appointments by the Supervisor:

Deputy Supervisor – Stanley Fiminski, Jr.

Appointments by the Receiver of Taxes:

Deputy Receiver of Taxes – Lois Meschino

Appointments by the Town Clerk:

Deputy Town Clerk/Deputy Registrar – Michelle Mazuryk

Deputy Town Clerk 2 – Michele Carroll

There being no further business to come before the Board, Supervisor Syed adjourned the meeting.

After the Agenda meeting Supervisor Syed motioned to go into Executive Session pursuant to section 105 subsection f of the Public Officer’s Law, Councilman McPartlon seconded and all were in favor. Michelle Mazuryk, Deputy Town Clerk

Resolution No. 2019-166

A RESOLUTION REGARDING A COMMUNITY FARMERS MARKET COMMITTEE

The following resolution was offered by Supervisor Syed and Councilwoman Weber who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, the Economic Development, Historic Preservation and Environmental Conservation and the Community Programs Committee have recommended the establishment of a Community Farmers Market Committee with specific powers, and

WHEREAS, the Finance and General Government Committee concur with this recommendation.

NOW THEREFORE, be it

RESOLVED, that this Town Board does hereby establish a Community Farmers Market Committee for the purpose of setting the rules and regulations of the farmers market and collecting and coordinating registrations and paperwork necessary for the event, to be made up of the following representatives:

1. Yasmine Syed, Town Supervisor 2. Lisa Weber, Town Council 3. Beth Greenwood, Chair 4. Sarah Bilofsky (Niskayuna CO-OP) 5. Jeanne Sosnow (NCAP) 6. Elizabeth Paul 7. Jessica La Fex 8. Elizabeth Cococcia 9. Donald Rabig 10. Chris Rooney (Niskayuna CO-OP) 11. Sunny Lee (Niskayuna CO-OP)

Resolution No. 2019-167

A RESOLUTION TO SET CERTAIN RATES FOR VENDORS OF A FARMERS MARKET

The following resolution was offered by Councilwoman Weber who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, the Town Board of the Town of Niskayuna may establish a fee schedule for the registration of vendors at a community Farmers Market, and

WHEREAS, the Community Programs Committee and the Finance and General Government Committee have recommended that the below rates be implemented.

NOW THEREFORE, be it

RESOLVED, that this Town Board does hereby adopt the following rates to be in effect immediately:

2019 Registration Rates for Farmer’s Market Vendors

Registration Fee Per Market Day $25.00

Resolution No. 2019-168

A RESOLUTION TO AUTHORIZE THE SUPERVISOR TO ENTER INTO A REVISED CONTRACT WITH VIM RECYCLERS, LP REGARDING THE TREATMENT AND DISPOSAL OF LIQUID ORGANIC WASTES

The following resolution was offered by Councilwoman McGraw who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, the Superintendent of Water and Sewer and the Town Attorney have recommended that the Town of Niskayuna enter into a revised contract with VIM Recyclers LP for the delivery of liquid soda and soft beverage wastes and subsequent treatment of said wastes at the Town’s Waste Water Treatment Plant; and

WHEREAS, the Public Works Committee and the Finance and General Government Committee concur with this recommendation.

NOW THEREFORE, be it

RESOLVED, that this Town Board authorizes the Supervisor to enter into a revised contract with VIM Recyclers LP of 920 Rathbone Avenue, Aurora, IL 60506 for the delivery of liquid soda and soft beverage wastes and subsequent treatment of said wastes at the Town’s Waste Water Treatment Plant.

Town of Niskayuna, New York and VIM Recyclers, LP

Organics Waste Management Agreement

This Organics Waste Management Agreement (“Agreement”) is made this ______day of June ______2019 between Town of Niskayuna (Niskayuna) and VIM Recyclers (“Customer”), each a “Party” and jointly the “Parties.”

Whereas, Niskayuna has anaerobic digesters and other wastewater treatment infrastructure for processing and treatment of municipal wastewater, food wastes and other liquid organic waste at the Niskayuna Water Reclamation Facility (NWRF) in Niskayuna, NY (the “Facility”);

Whereas, Customer produces or hauls liquid organic waste materials of which it needs to dispose; and

Whereas, it is the intent of the Parties to provide in this Agreement for Customer to transport the Wastes described herein to the Facility, and for NWRF to provide treatment and disposal services for those Wastes.

Now therefore, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the Parties agree as follows.

1. Effective Date. This Agreement is effective on the date first written above.

2. The Wastes. The “Wastes” that are the subject of this Agreement are liquid soda and soft beverage waste coming from the Pepsi Plant located at 1 Pepsi Cola Drive Latham, NY 12110.

3. Quantity of Wastes. The volume of Wastes transported by Customer to the Facility is anticipated to be as follows:

• 15,000 to 25,000 gallons per week of soda and soft beverage waste.

4. Delivery of Wastes by Customer. It shall be Customer’s sole responsibility to deliver the Wastes to the Facility at Customer’s cost. Niskayuna will accept Wastes at a designated location at the Facility. Access to NWRF is granted at Niskayuna’s sole discretion. The Facility will accept waste Monday thru Friday 10:00 am to 2:00 pm. Customer shall deliver waste in trucks with a maximum capacity of 6,200 5,000 gallons. Customer shall limit deliveries to one per day.

The gallons processed through the NWRF flow meter at the receiving station will represent the volume of every load and the amount for which the Company will be invoiced. In the event of a malfunction of the NWRF flow meter on an individual delivery, the Company will be invoiced for the full capacity of the delivering vehicle.

Initially the Customer shall provide a sample of approximately one gallon for testing before the waste is accepted. The Facility will collect random samples to compare the results to the initial sample.

5. Term. The Term of the Agreement shall extend to a date, which is five (5) years from the Effective Date, except as otherwise stated herein. 5. Formatted: Font: (Default) Times New Roman, 12 pt 6. DEC Approval. This contract is contingent upon the satisfactory completion of the pilot Formatted: Indent: Left: 0.5", No bullets or test and approval of NYSDEC as set forth in the email from James E. Malcolm, dated numbering October 29, 2018, which is annexed hereto and made part hereof.

7. Pricing, Billing and Payment.

a. Pricing. During the contract period of the Customer shall pay to Niskayuna a fee of $0.04 per gallon for the services rendered.

b. Price Escalator. The fee per gallon shall be $0.040000 (rounded to 1/10,000 of one cent) beginning with the effective date. and continuing through December 31, 2019. Beginning in January of 2020 and each subsequent January thereafter the fee per gallon shall be an amount calculated as follows. The fee shall be calculated by applying the annual adjustment in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, 1982-84=100, not seasonally adjusted, to the prior year’s fee.

c. Billing and Payment. Niskayuna shall invoice Customer monthly in arrears. Invoices shall provide the necessary details therefore, and shall be due no later than 30 days after mailing to Customer.

If a good faith dispute arises between the Parties concerning any billing statement, that portion of the billing statement not in dispute shall be due and payable on the otherwise applicable due date and, when such dispute is resolved, the remaining portion of the payment due, if any, shall be paid promptly with interest accruing at the Interest Rate from the date that the amount should have been paid had there been no dispute until the date of payment of the resolved amount. Moreover, if the resolution of any good faith dispute determines that one Party has overpaid the other Party, then such overpaid amount shall be refunded promptly with interest accruing at the Interest Rate from the date that the overpaid amount was paid until the date of refund of the

resolved amount. All retroactive adjustments shall be paid in full by the Party owing payment within thirty (30) days of notice and substantiation of such inaccuracy. The Interest Rate shall be the lower of 9 percent per annum, compounded monthly, or the maximum rate allowed by law.

8. Representations. Each Party acknowledges that its representations as set forth in the Agreement will be relied upon by the other Party in entering into and performing under this Agreement.

Niskayuna represents and warrants as follows.

a. This Agreement has been properly executed by Niskayuna and represents the binding commitment of Niskayuna enforceable pursuant to its terms. b. To Niskayuna’s actual knowledge, there are no actions, suits, or proceedings pending or threatened against Niskayuna before any court or governmental authority that, if determined adversely to it, would have a material adverse effect on the transactions contemplated by this Agreement. c. Niskayuna’s actions and performance hereunder shall comply with Applicable Law.

Customer represents and warrants as follows.

a. This Agreement has been properly executed by Customer and represents the binding commitment of Customer enforceable pursuant to its terms. b. To Customer’s actual knowledge, there are no actions, suits, or proceedings pending or threatened against Customer before any court or governmental authority that, if determined adversely to it, would have a material adverse effect on the transactions contemplated by this Agreement. c. Wastes delivered to the Facility shall be as described herein, and shall not contain any Hazardous Wastes. d. Customer’s actions and performance hereunder shall comply with Applicable Law.

9. Miscellaneous Provisions.

a. Indemnification. Subject to the other provisions of this Agreement and to the extent permissible under Applicable Law, both Parties agree to indemnify and hold the other Party and its officers, directors, employees, affiliates and permitted assigns harmless from and against all losses (but not including legal fees and expenses) incurred or suffered by such Indemnitees arising out of and resulting from (I) any breach of a representation or warranty made by the Indemnitor in this Agreement, (ii) any breach of any covenant or obligation of the Indemnitor in or pursuant to this Agreement, (iii) any tax, penalty or fine arising from or relating to any action or inaction of the Indemnitor or its agents, contractors, employees or representatives, (iv) damage to the Indemnitee’s facilities that are caused by the actions or inactions of Indemnitor, its

agents, contractors, employees or representatives, (v) any emergency or condition directly or indirectly arising from the action or inaction of Indemnitor or its agents or representatives, except in each of the foregoing instances to the extent caused by the negligence or willful misconduct of the Indemnitees or those for whom they are responsible.

No Indemnitor hereunder shall be responsible for any consequential, special or punitive damages. b. Termination for Cause. A Party may terminate the Agreement after written notice to the other Party identifying the cause for termination and providing an opportunity to cure the cause of termination. Cause for termination shall include only (i) material failure to perform hereunder; (ii) failure to make any undisputed payment hereunder; (iii) any action by the non-terminating Party that subjects the terminating Party to any material legal liability not permitted herein; and (iv) failure to perform (not including any failure to make an undisputed payment) due to an event of Force Majeure which lasts longer than 120 days. The opportunity to cure the cause of termination shall extend for 60 days, or such longer period as may be required to effect the cure, if the curing Party shall proceed with reasonable efforts to effect the cure, and if no cure period shall extend longer than 180 days. The cure period for failure to make an undisputed payment shall be 30 days.

Force Majeure shall include (i) acts of God, (ii) extreme storms or other extreme weather, (iii) acts of a governmental authority other than a Party, or (iv) any other event or similar cause not reasonably within the control of the Party claiming Force Majeure and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome.

Termination for cause shall not waive any rights of either Party for damages, or injunctive or other relief. c. Early Termination. Either Party may terminate the Agreement by providing written notice of early termination to the other Party no later than six months60 days prior to the date of early termination. d. Assignment. Neither Party may assign its rights under the Agreement without the express written consent of the other Party. Such consent may be withheld for any reason. However, this provision shall not affect assignment by a Party to a successor entity. e. Nondisclosure of Confidential Information. Except as required by Applicable Law, neither Party shall, without the prior written consent of the Party providing to

the other any Confidential Information, disclose (regardless of the form of disclosure) any Confidential Information to any third parties other than affiliates, consultants, agents, representatives, or employees of the receiving Party who (i) shall keep such Confidential Information confidential, and who (ii) require access to such Confidential Information to assist the receiving Party in the exercise of its rights and the performance of its obligations under this Agreement. The receiving Party shall notify any such affiliates, consultants, agents, representatives and employees of the confidential nature of the Confidential Information, and the receiving Party hereby agrees to be responsible for any breach of the terms of this section by any such affiliates, consultants, agents, representatives or employees.

Neither Party shall use the Confidential Information of the disclosing Party except as necessary to perform its obligations under this Agreement. “Confidential Information” shall mean this Agreement and all data and information developed or collected by one Party and provided to the other Party or its agents and marked as such, but shall not include information to the extent such information (i) is in the public domain at the time of disclosure, (ii) following disclosure, becomes generally known or available through no action or omission on the part of the receiving Party, (iii) is known, or becomes known to the receiving Party from a source other than the disclosing Party or its representatives, provided that disclosure by such source is not in breach of a confidentiality agreement with the disclosing Party, or (iv) is legally required to be disclosed by Applicable Law, provided further that the receiving Party shall make reasonable efforts to resist disclosure of such information, and further provided that prompt notice of said action shall have been given to the disclosing Party and that the disclosing Party shall be afforded the opportunity (consistent with the legal obligations of the receiving Party) to exhaust all reasonable legal remedies to maintain the Confidential Information in confidence.

The Parties acknowledge that both Parties are subject to disclosure obligations under the New York of Freedom of Information Law. The Parties also acknowledge that Niskayuna may not withhold data on the chemical composition of Wastes. f. Governing Law. The law of the State of New York shall govern the Agreement. g. No Partnership. Nothing in this Agreement shall be construed to create any association, partnership, or joint venture or impose a partnership or an agency relationship on, or with regard to, either Party. h. Waiver. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall

be deemed a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the Parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed an extension of the time for performance of any other obligations or any other acts. i. Third Party Beneficiaries. This Agreement is intended to be solely for the benefit of the Parties hereto and their successors, permitted assigns, is not intended to, and shall not confer any rights or benefits on any other person. j. Notices. All notices, requests, demands, claims, and other communications hereunder shall be in writing, shall be delivered in person or by mail (first class postage pre-paid), or overnight delivery and shall be deemed given when delivered in person or, if not delivered in person, when received (or delivery is refused) by the Party to whom such notice is directed, at the following address (or at such other address as a Party shall designate by written notice to the other Party):

If to: Niskayuna:

Supervisor Town of Niskayuna One Niskayuna Circle Niskayuna, NY 12309

If to: Customer

Todd Long VIM Recyclers, LP 920 Rathbone Ave. Aurora, IL 60506

IN WITNESS WHEREOF, the Parties hereto have caused the execution of this Agreement as of the date first written above.

Niskayuna:

By:

Name: Yasmine Syed

Title: Supervisor

Customer:

By:

Name: Eric Williams

Title: General Manager

EXHIBIT “A”

From: Malcolm, James E (DEC) [mailto:[email protected]] Sent: Monday, October 29, 2018 2:24 PM To: Karen W. Clark; Matthew Yetto Cc: Woyecha, Demissie (DEC); Ed Luffman Subject: FW: Niskayuna - Pepsi Lab Results

To All,

The Department has reviewed the characterization data for the “expired” Pepsi soda waste and the submittal from B&L dated August 20, 2018. The plan is accept the soda waste at the Town of Niskayuna WWTP as part of a pilot test (3,000 gallons to be discharged from a tanker truck directly into a 9,000 gallon storage tank and then transferred to the anaerobic digesters). The Town is hereby granted permission to conduct the pilot test for ninety (90) days with the following conditions:

1. All processes that will generate sidestream wastewater that will discharge to the headworks of the WWTP (i.e. anaerobic digesters, gravity belt thickener, & belt filter press) are to be sampled for the following parameters on a weekly basis. This data along with a letter report of findings should be submitted to me 30 days after the completion of the pilot test.

A. Flow B. BOD5 C. COD D. TSS E. TDS F. Total Volatile Solids (TVS) G. NH3 (as N) H. Nitrate/Nitrite (as N) I. Orthophosphorus (as P) J. Total Phosphorus (as P)

2. The Department reserves the right to request additional sampling (parameter or frequency) or to terminate the pilot test if plant upset conditions, SPDES permit violations, or odor complaints by the surrounding residential neighborhood are documented/reported to the Department.

Please contact me with any questions on our approval of the pilot test or the associated conditions. Please be advised this approval does not apply to any additional off-site waste that B&L has indicated the Town is considering for acceptance (i.e. grease, septic, or glycol-impacted stormwater/washwater). This is due to the need for the Department to review the terms of the current SPDES permit and determine if revising the current sampling/monitoring is appropriate.

Sincerely,

Jamie Malcolm

Jamie Malcolm, P.E.

Professional Engineer I

Region 4 – Division of Water

(518) 357-2385

Resolution No. 2019- 169

A RESOLUTION AWARDING A CONTRACT FOR REPAIR OF THE AVON CREST SIGN

The following resolution was offered by Councilwoman McGraw who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, the Superintendent of Highways has recommended the repair of the Avon Crest sign near the intersection of New York State Route 7 and Avon Crest Boulevard, and

WHEREAS, the Public Works Committee and the Finance and General Government Committee concur with this recommendation, and

WHEREAS, quotes have been solicited and received in accordance with the Town’s purchasing policy.

NOW THEREFORE, be it

RESOLVED, that this Town Board does hereby award the contract for the repair of the Avon Crest sign to Pollard Construction, 192 Main Street, Altamont, NY 12009 at a total price not to exceed $15,660.00.

Resolution No. 2019-170

A RESOLUTION HONORING A SCHENECTADY COUNTY HUMAN RIGHTS COMMISSION MLK COALITION SCHOLARHSIP RECIPIENT

The following resolution was offered by Supervisor Syed who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, each year the Schenectady County Human Rights Commission MLK Coalition seeks nominations for students to be awarded with a college scholarship through the Ralph F. Boyd, Sr. Award; and

WHEREAS, Mr. Ralph F. Boyd, Sr. was instrumental in starting the Schenectady County Chapter of the NAACP, the Carver Community Center, the Head Start Program at SCAP, and the Baptist Retirement Center. He was active in the Veterans of Foreign Wars and earned the Distinguished Service Award and two Bronze Stars in World War II.; and

WHEREAS, Cecilia Cain, being one of those award finalists, has demonstrated that she reflects the same commitment to human rights as Mr. Boyd, Sr.; and

WHEREAS, Cecilia Cain demonstrated a commitment of time and effort to programs, projects or initiatives focusing on human and civil rights

NOW THEREFORE, be it hereby

RESOLVED, that this Town Board, on behalf of all residents of the Town of Niskayuna, congratulates Cecilia Cain on her scholarship award and for the positive impact that she has made to the Niskayuna High School community, our Town and the County.

Dated: June 11, 2019

Yasmine Syed, Town Supervisor

Denise Murphy McGraw, Town Board John Della Ratta, Town Board

Lisa Weber, Town Board William McPartlon, Town Board

Resolution No. 2019-171

A RESOLUTION HONORING SCHENECTADY COUNTY HUMAN RIGHTS AWARD COMMUNITY GROUP AWARDEE SCHENECTADY CLERGY AGAINST HATE

The following resolution was offered by Supervisor Syed who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, Schenectady Clergy Against Hate works to promote harmony, respect and fellowship; and

WHEREAS, Schenectady Clergy Against Hate is a non-partisan, multi-faith and interfaith pastoral voice, through a sharing of unique and common religious teachings, works to foster understanding of one another and speaks out against hatred, bigotry and discrimination; and

WHEREAS, Schenectady Clergy Against Hate through volunteerism, fundraisers, protests, vigils and worship, unites together as a voice of peace and love; and

WHEREAS, each year the Schenectady County Human Rights Commission seeks nominations for community groups to award in order to acknowledge and express appreciation for their contributions in improving the human and civil rights of Schenectady County residents

NOW THEREFORE, be it hereby

RESOLVED, that this Town Board, on behalf of all residents of the Town of Niskayuna, congratulates the members of Schenectady Clergy Against Hate for their tireless efforts.

Dated: June 11, 2019

Yasmine Syed, Town Supervisor

Denise Murphy McGraw, Town Board John Della Ratta, Town Board

Lisa Weber, Town Board William McPartlon, Town Board

Resolution No. 2019-172

A RESOLUTION HONORING THE NISKAYUNA CREW TEAM’S WOMEN’S FRESHMEN QUAD, MEN’S FRESHMEN QUAD AND WOMEN’S JUNIOR QUAD AS NEW YORK STATE CHAMPIONS

The following resolution was offered by Councilwoman Weber who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, at the Spring 2019 New York State Scholastic Rowing Association State Championships, held on May 12, 2019 on Fish Creek in Saratoga Springs, New York, the Women’s Freshman Quad, Men’s Freshman Quad and Women’s Junior Quad all won the Gold medal, now therefore be it

RESOLVED, that the members of the Niskayuna Town Board congratulate the following members of the Niskayuna Crew Team, and their coaches as New York State Champions:

Women’s Freshman Quad: Jordan Zenner, Rebecca Schechter, Stella Mirkovic, Samantha Castle

Coaches: Stacey Apfelbaum & Sabrina Skotarczak

Men’s Freshman Quad: Adam Conrad, Jeffrey Chen, Daniel Kelly, Derrick Niu

Coaches: Sean O'Brien & Erin Czupil

Women’s Junior Quad: Madeleine Castle, Heather Schmidt, Leslie Abad-Neagu, Jacqueline Lasek

Coaches: Stacey Apfelbaum & Sabrina Skotarczak

Dated: June 11, 2019

Yasmine Syed, Town Supervisor

Denise Murphy McGraw, Town Board John Della Ratta, Town Board

Lisa Weber, Town Board William McPartlon, Town Board

Resolution No. 2019-173

A RESOLUTION HONORING THE NISKAYUNA CREW TEAM’S WOMEN’S JUNIOR QUAD AS NATIONAL CHAMPIONS

The following resolution was offered by Councilwoman Weber who moved its adoption, and seconded by

BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:

WHEREAS, at the Spring 2019 National Scholastic Rowing Championship, held on May 25, 2019 on Dillon Lake in Nashport, Ohio, the Women’s Junior Quad won the Gold medal by beating the nine qualifying teams; now therefore be it

RESOLVED, that the members of the Niskayuna Town Board congratulate the following members of the Niskayuna Crew Team’s Women’s Junior Quad and their coaches, as National Champions:

Rowers: Madeleine Castle, Heather Schmidt, Leslie Abad-Neagu, Jacqueline Lasek

Coaches: Stacey Apfelbaum & Sabrina Skotarczak

Dated: June 11, 2019

Yasmine Syed, Town Supervisor

Denise Murphy McGraw, Town Board John Della Ratta, Town Board

Lisa Weber, Town Board William McPartlon, Town Board