TOWN COUNCIL NISKAYUNA TOWN MEETING Denise Murphy McGraw John Della Ratta Bill McPartlon Tuesday, April 27, 2021 at 7:00pm Rosemarie Perez Jaquith Yasmine Syed Supervisor
AGENDA FOR APRIL 27, 2021 REGULAR TOWN BOARD MEETING1
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES a. Minutes of the March 9, 2021 Special Meeting b. Minutes of the March 23, 2021 Regular Meeting c. Minutes of the March 30, 2021 Special Meeting 5. PRESENTATION
a. Strengthening the Future of Schenectady
6. PUBLIC HEARINGS
a. A Public Hearing Regarding Implementing NYStretch Code by Amendment of Chapter 75 of the Town Code of the Town of Niskayuna Entitled, Building Construction b. A Public Hearing Regarding a Sewer Extension on Pearse Road
7. PRIVILEGE OF THE FLOOR
8. COMMITTEE REPORTS
9. SUPERVISOR’S REPORT
10. RESOLUTIONS
11. 2021-89 (Sponsored by Supervisor Syed) A Resolution approving certain budgetary modifications
12. 2021-90 (Sponsored by Councilwoman Jaquith) A Resolution appointing a member to the Task Force on Racial Equity and Justice for the Town of Niskayuna
13. 2021-91 (Sponsored by Councilwoman McGraw) A Resolution regarding the reconciling of Corporate utility rents for the fourth quarter of 2020
1 Conducted by videoconference in accordance with the mandates set forth in N.Y. Executive Orders 202.1 and 202.79 (permitting public bodies to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely).
TOWN COUNCIL NISKAYUNA TOWN MEETING Denise Murphy McGraw John Della Ratta Bill McPartlon Tuesday, April 27, 2021 at 7:00pm Rosemarie Perez Jaquith Yasmine Syed Supervisor 14. 2021-92 (Sponsored by Councilwoman Jaquith) A Resolution authorizing a license agreement for use of soccer fields
15. 2021-93 (Sponsored by Councilwoman Jaquith) A Resolution accepting quotes for the purchase of seed, mulch, fertilizer and spreading services
16. 2021-94 (Sponsored by Councilwoman Jaquith) A Resolution appointing seasonal employees and hiring independent contractors in the Office of Community Programs and Parks Department
17. 2021-95 (Sponsored by Councilman Della Ratta) A Resolution adopting a local law that amends Chapter 75 of the Town Code of the Town of Niskayuna, entitled Building Construction
18. 2021-96 (Sponsored by Councilwoman McGraw and Supervisor Syed) A Resolution appointing an individual to the Board of Assessment Review
19. 2021-97 (Sponsored by Councilman Della Ratta) A Resolution proclaiming April 24, 2021 as Arbor Day in the Town of Niskayuna
20. 2021-98 (Sponsored by Councilman Della Ratta and Councilwoman McGraw) A Resolution accepting a donation of a Mesick Historical Chest for display at Town Hall
21. 2021-99 (Sponsored by Supervisor Syed) A Resolution accepting resignations
22. 2021-100 (Sponsored by Councilwoman McGraw) A Resolution regarding a fence easement on Dean Street
23. 2021-101 (Sponsored by Councilman Della Ratta) A Resolution to accept certain lands in the Overlook Park Subdivision
24. 2021-102 (Sponsored by Councilwoman Jaquith) A Resolution to authorize the Superintendent of Highways to enter into and execute extensions to contracts for landscaping and maintenance of Town owned property
25. 2021-103 (Sponsored by Supervisor Syed) A Resolution approving an Assigned Fund Balance for 2020
26. 2021-104 (Sponsored by Councilwoman McGraw) A Resolution approving the use of private hydrant agreements
27. 2021-105 (Sponsored by Supervisor Syed) A Resolution terminating previously implemented orders and policies related to COVID-19
28. 2021-106 (Sponsored by Councilman Della Ratta) A Resolution approving the amendment of certain Building Department fees
29. 2021-107 (Sponsored by Councilwoman Jaquith) A Resolution appointing Grounds
TOWN COUNCIL NISKAYUNA TOWN MEETING Denise Murphy McGraw John Della Ratta Bill McPartlon Tuesday, April 27, 2021 at 7:00pm Rosemarie Perez Jaquith Yasmine Syed Supervisor
Maintenance Workers
MOTION TO ADJOURN
AT THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 9th DAY OF MARCH, 2021, AT 7:00 PM, HELD VIA VIDEOCONFERENCE, THE FOLLOWING MEMBERS WERE PRESENT:
Yasmine A. Syed, Supervisor John Della Ratta, Councilman – Arrived 7:05 Rosemarie Perez Jaquith, Councilwoman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman
Others present: Michele M. Martinelli, Town Clerk; Diane Percy, Receiver of Taxes; Paul Briggs, Town Attorney; Alaina Finan Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Ismat Alam, Comptroller; Frances Wall, Chief of Police; Michael Stevens, Deputy Chief of Police; Eric Amberger, Assessor; Ray Smith, Highway Superintendent; Matthew Yetto, Superintendent of Water and Sewer; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; Stephen Swinton, Town Justice; Seth Goldstein, Systems Administrator.
PUBLIC HEARINGS
A Public Hearing regarding an amendment to Chapter 69 of the Town Code of the Town of Niskayuna entitled Brush, Grass and Weeds.
The following letter was submitted to Supervisor Syed to be read at the public hearing.
Leslie Gold, 1919 Pawtucket Ave I am opposed to the proposed amendment to Chapter 69 of the Town Code of the Town of Niskayuna entitled Brush, Grass and Weeds. The change would make the fee changes even less transparent. As I have noted previously, proposed or anticipated fee changers that affect residential properties should be part of the annual budget that is presented to the residents before the annual budget hearing. That would be the transparent option.
When no other members of the public wished to be heard and no other statements from the public were to be read, Supervisor Syed closed the public hearing.
A Public Hearing regarding the Niskayuna Police Reform Collaborative Plan.
The following letter was submitted to Supervisor Syed to be read at the public hearing.
Marina Propp Franchild 2200 Dean Street Niskayuna, New York 12309 [email protected] Dear Niskayuna Collaborative
On February 22, 2021, I submitted my comments re: CNA’s draft report, the Racial Equity Audit Report Virtual Presentation of 2/11/212` that were forwarded to CNA and the Niskayuna collaborative for consideration. At this time I am responding to the invitation from the Niskayuna Collaborative, for Niskayuna residents to comment on several points including: What functions should police reform Employing Smart and Effective Policing Standards and Strategies Fostering Community Oriented Leadership, Culture & Accountability MP Franchild Comments on police reform and policing standards and strategies Traffic Stops A disproportionality index for arrests during traffic stops, shown by CNA during their 2/11/21 Virtual Presentation indicated that a correlation could be made between the data shown and heavy racial bias. The use of force slide, for example, said “using arrests as a baseline, the compound ratio for Black community members is 1.4, meaning that Black community members are involved in 1.4 times more use of force incidents than white community members. The CNA draft report states that “NPD’s traffic stops data collection process should be refined to help the department further understand its activity for all outcomes”. The process of identifying and understanding disparities experienced by Black, Indigenous, People of Color (BIPOC) when interacting with the police presents social and scientific challenges. While data collection can offer the Niskayuna Police Department the opportunity to assess the work behavior of its officers, which is a plus, data collection has potential negative side effects: Data collection may become burdensome upon officers Startup and maintenance costs for data collection may be prohibitive If racial profiling is indicated from any preliminary data assessment, additional training or changes in training may be warranted Two papers that explore the pros and cons of various ways of data collection are1: (1) Best Practices in Vehicle Stop Data Collection and Analysis (Tyler, Engel, Cherkauskas), and (2) The CNA Corporation – How to Correctly Collect and Analyze Racial Profiling Data: Your Reputation Depends On It! (McMahon, Garner, Davis, Kraus)1. Both of these reports discuss the criticality of evaluating the extent and nature of police profiling patterns as based on appropriate methodological approaches, including those used to obtain data and comparing
that data to appropriate benchmarks/guidelines. “Why” to collect, “when” to collect, “how” is the data collected and “what” information should be collected, are critical parameters that need to be crystallized. This is a daunting task for any municipality. To address this concern, both reports strongly recommend ______1.References: https://www.researchgate.net/publication/228345334_Best_practices_in_vehicle_stop_data_colle ction_and_analysis https://cops.usdoj.gov/RIC/Publications/cops-p044-pub.pdf P a g e | 2 that a municipality engage in partnership with an outside independent research entity to provide assistance in learning about the current best practices in vehicle stop data collection, and also to provide assistance with weighing the pros and cons of existing data collection methodologies. As stated in “Best Practices ...”, any guidelines (benchmarks) against which data collection is measured must include “relevant categories of motorists’ risk for vehicles stops … such as: Where they drive When they drive How often they drive What they drive How they drive Who they are MP Franchild Recommendations (1) The Town of Niskayuna enlist the expertise of an independent research entity to assist in the development of improved methodological approaches for traffic data collection that can be deployed within Niskayuna budgetary constraints, that will result in significantly reducing any racial profiling. (2) Because the “Who” in the last bullet above is key to racial profiling, I recommend that NPD officers get additional anti-bias training that includes an analysis of systemic racism so that officers can recognize how their own prejudice adds to inherited policies of structural racism that have found their way into every police system. My recommendation stresses that anti-bias training be considered a necessary part of retraining, but not considered as sufficient unto itself. In addition, a deep exposure to/understanding of the underpinnings of systematic racism must be part of corrective measures. The evolution of police policy from that of slave patrols to present day protocol needs to be examined and comprehensively understood by the NPD. MP Franchild Comments on Fostering Community Oriented Leadership, Culture & Accountability (submitted to CNA and the Niskayuna Collaborative in February, 2021 and resubmitted here) Background Domestic violence survivor advocates and researchers are increasingly searching for alternative ways to
address domestic violence. Questions are being asked such as: Is it safe to involve the police and the criminal justice system? And if not, why is this the main or only resource available when seeking help? Survivors are often fearful of calling law enforcement as they don’t want to become part of the criminal justice system, they simply want the violence to stop. This mistrust of law enforcement to settle domestic disputes is pervasive within BIPOC residents of any municipality and also within the LGBTQ community, of which I am a member. Historically, LGBTQ people have been criminalized and subject to wrongful arrests. Moreover, due to lack of police awareness and sensitivity, a masculine-appearing woman, for example, can be prejudicially viewed as the aggressor/perpetrator and assigned blame. Since many public assumptions and assessments, including those held by the police, are based on traditional gender roles, the LGBTQ community has reasonable anxiety about involving the police to settle disputes. When sexual assault is part of the issue, survivor fear of disclosure to the police often escalates exponentially. MP Franchild Recommendations I suggest that as an alternative to involving the NPD in intervening in or attempting to settle domestic violence incidents, the Town of Niskayuna and the NPD follow the lead taken by Crisis Assistance Helping Out On The Streets (CAHOOTS) in Eugene Oregon. P a g e | 3 As described in “High Country News Magazine”, 6/11/20 “Such programs take police out of the equation when someone is going through a mental health crisis, struggling with substance abuse, or experiencing homelessness. When police show up, situations can escalate, and the use of force can be disproportionate, especially toward Black people, a 2016 study estimated that 20% to 50% of fatal encounters with law enforcement involved someone with a mental illness. Advocates say the CAHOOTS model shows those encounters aren’t inevitable: Less than 1% of the calls that CAHOOTS responds to need police assistance. The CAHOOTS system relies on trauma-informed deescalation and harm reduction, which reduces calls to police, averts harmful arrest-release-repeat cycles, and prevents violent police encounters.” This alternative would be very useful when domestic violence occurs, especially when the parties involved are BIPOC or LGBTQ residents.
I have a trusting relationship with the NPD, yet I would not be comfortable enlisting their support for either a sexual assault or if I was involved in a domestic altercation. My recommendation is that the NPD and all Police Departments not be called upon to be experts in everything that it part of the human condition. One way to instill public trust is to know areas of expertise and areas of lack of expertise. Additional training for NPD will not create an environment conducive to harm reduction for survivors. Instead, what is needed is the allocation of resources to create safe deescalation without police involvement. Lastly, relying on the police to settle these types of trauma situations, is a misuse of public funds – funds that could be better spent by deferring to community solutions such as those found in the CAHOOTS-model.
Councilwoman Murphy McGraw stated that this was beyond a normal comment from a resident and was thoughtful, well written and researched, and thanked Marina.
When no other members of the public wished to be heard and no other statements from the public were to be read, Supervisor Syed closed the public hearing.
A Public Hearing regarding the Niskayuna Emergency Management Plan
When no members of the public wished to be heard and no other statements from the public were to be read, Supervisor Syed closed the public hearing.
RESOLUTIONS
The following resolutions were approved with a vote of five ayes unless otherwise noted.
Resolution 2021-58 authorizes bonding for the joint increase and improvements of facilities of Consolidated Sewer District No. 6.
Resolution 2021-59 authorizes bonding for the joint increase and improvements of Facilities of Consolidated Water District No. 1.
Resolution 2021-60 authorizes bonding for the joint increase and improvement of facilities of Consolidated Water District No. 1, Consolidated Sewer District No. 1 and Consolidated Sewer District No. 6.
There being no further business to come before the Town Board, Supervisor Syed adjourned the meeting at 7:21p.m.
Michele M. Martinelli, Town Clerk
AT THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 9th DAY OF MARCH, 2021, WAS REOPENED AT 7:35 PM, HELD VIA VIDEOCONFERENCE, THE FOLLOWING MEMBERS WERE PRESENT:
Yasmine A. Syed, Supervisor John Della Ratta, Councilman Rosemarie Perez Jaquith, Councilwoman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman
Others present: Michele M. Martinelli, Town Clerk; Diane Percy, Receiver of Taxes; Paul Briggs, Town Attorney; Alaina Finan Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Ismat Alam, Comptroller; Frances Wall, Chief of Police; Michael Stevens, Deputy Chief of Police; Eric Amberger, Assessor; Ray Smith, Highway Superintendent; Matthew Yetto, Superintendent of Water and Sewer; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; Stephen Swinton, Town Justice; Seth Goldstein, Systems Administrator.
Supervisor Syed reopened the Special Meeting, to reopen a public hearing. This was done do to the error in meeting links that brought a number of residents to the wrong link.
A Public Hearing regarding the Niskayuna Police Reform Collaborative Plan.
Councilwoman Murphy McGraw asked when we did the CNA audit; we had CNA brief the Town Board and then do a presentation to the Town. We have not undergone that same process for the Collaborative report and she asked if there was a reason for that? Councilwoman Murphy McGraw asked if this is something that is prescribed by the State; she said she was surprised that we didn't follow that same process for the Niskayuna Police Reform Collaborative Plan. Supervisor Syed answered Councilwoman Murphy McGraw’s question by stating there's no specific guideline as to this with the State. Within the executive order it does say to present the plan to the Town Board subsequent to the plan being developed and then hold a public hearing; this is essentially the point that we're at now. The plan has been circulated to the Town Board members earlier this afternoon. She said the process will be a separate meeting to be held to have an official presentation of that plan. Supervisor Syed said that any of the changes or comments will be worked into the collaborative report and then that report will have an addendum and that plan is what will be submitted to the State and voted on at the March 23rd Town Board meeting
Ellen Daviero 1322 Hawthorne Drive, asked for clarification on the Collaborative. Is information being added to it and then is it going to be presented again? Supervisor Syed commented that currently this is the report that was authored and edited by the Collaborative, the police reform and reinvention Collaborative has been disseminated to all
Town Board members, the Collaborative members and has been posted online for public consumption and public comment. Tonight we are holding the public hearing to additionally hear more public comment via this meeting. She has received six emailed letters and comments to the report and included in the report one of the sections is titled plan but it's to be decided. This was included in the report that was posted online that we are considering for the public hearing tonight. The executive summary and that plan is what the next step is and the plan addendum is what will be submitted to the State with the report and with the CNA recommendations
Councilwoman Perez Jaquith clarified by saying the plan is just the implementation how we propose to implement the recommendations as set forth in the Collaborative Report.
Donald Wishunt asked if all recommendations will be accepted that the CNA and the Collaborative made. Supervisor Syed Commented this is a draft report, from now until March16th it will be circulated, there is that period of time between now and that date where the Collaborative can incorporate any of the comments that were submitted by the public and the final draft will then go to the Town Board.
Donald Wishunt, commented there was little information or no information on how the Niskayuna Police Department tracks their police stops. He asked if that is something that will be taken into account or try to track separately from the State. Chief Wall commented that she would have to ask the Director of the UCC to see if this is something that can be tracked in the CAD system.
Ayah Osman, commented as a member of the Collaborative, they all worked really hard creating this draft. She really wants to see the recommendations implemented in our community. She wants to know if the Board has considered or thought out what mechanisms they will be employing to make sure that these recommendations are implemented. It's one thing to draft this plan, submit it to Governor Cuomo and then close the chapter and never address it again. There's a difference between doing that and really doing the work. She would really like to see that second option come to fruition in our town. Ayah asked what strategies are planned to implement this. Supervisor Syed stated this is where the plan portion comes into play. What do we do with all these recommendations and how do we make sure that the town doesn't drop the ball and keep moving forward. Essentially the plan is really is an implementation plan. How are we going to be implementing all this into the Town of Niskayuna; how are we going to be auditing our progress and making sure that we’re meeting our expectations. Setting goals and making sure that we're meeting those expectations, tracking all the recommendations and making sure that we're implementing them.
Councilman McPartlon commented the town does not want this to be dropped. The recommendations have to be prioritized. There are many recommendations and if the town had unlimited resources and unlimited funding they could all be done right away. We will try to
do them as quickly as possible and continue to put these items on our public safety committee agendas and get together as a Town Board to prioritize. Councilman Della Ratta, stated the goal is to implement all of the recommendations in a timely manner. Councilwoman Perez Jaquith commented she participated in a number of the round tables and one of the big topics of conversation was how this continues after the plan is submitted. After the plan is submitted it's not the end, how will these things continue to be monitored? Councilwoman Perez Jaquith commented that she went through the recommendations and there are some that have some financial impact. Are there ways to implement these recommendations without a financial impact by maybe shifting existing personnel, and collaborating with other partners to bring in mental health services and a partnership with the County and Northern Rivers? To the point that Ayah made and Councilman McPartlon mentioned we have other taskforces we certainly hope to call on to keep the conversation going and to keep us on task to facilitate some of these recommendations well beyond the submission of the plan.
Ellen Davieo asked is there going to be the opportunity for the Collaborative to see the plan before it goes to the public. Supervisor Syed said yes the Collaborative will be able to see the plan before it goes to the public, on March 16, 2021.
Donald Wishunt commented that the mission statement of the Niskayuna Police Department has to do with fighting crime and stated very little of the police department’s work is in fighting crime. Most of their work is in public safety. Mr. Wishunt would like to see the mission statement reimagined around public safety and not about crime.
Supervisor Syed stated public hearings essentially are one-sided comments offered by residents and not a back and forth for each point. Supervisor Syed did state that this has been a good back and forth, and she thinks it was helpful.
When no other members of the public wished to be heard Supervisor Syed closed the public hearing.
There being no further business to come before the Town 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 23rd DAY OF MARCH, 2021, AT 7:00 PM, HELD VIA VIDEOCONFERENCE, THE FOLLOWING MEMBERS WERE PRESENT:
Yasmine A. Syed, Supervisor John Della Ratta, Councilman Rosemarie Perez Jaquith, Councilwoman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman
Others present: Michele M. Martinelli, Town Clerk; Paul Briggs, Town Attorney; Alaina Finan Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Frances Wall, Chief of Police; Ismat Alam, Comptroller; Eric Amberger, Assessor; Josh Hawley, Lori Peretti, Coordinator of Community Programs; Laura Robertson, Town Planner; Seth Goldstein, Systems Administrator.
CLERK’S BUSINESS
Minutes of the February 23, 2021 Regular Meeting were approved as presented.
PRIVILEGE OF THE FLOOR The following letter was submitted to Supervisor Syed to be read at the privilege of the floor. Gail King, Niskayuna Resident, Niskayuna Business Owner, Niskayuna Property Owner.
Niskayuna, neighborhood’s always pedestrian friendly. Where children walked to school and safely rode their bikes around the neighborhoods. Walkers and bikers always have (had) the right of way.
What is happening behind closed doors? Without full disclosure? Zoning has been changed in favor of Bars and full service Restaurant’s in family neighborhoods!
Crescent rd, one block long, was a lane going east to the farm. Now with the stroke of a pen the strike of a key on a lap top, it becomes a boulevard!
Now we hear we need, Pedestrian friendly, walkable roads? What does that mean? Side walks for all the town streets? Parking for all the stores? Paid for by town residents? Or- Extra parking on town streets just for the Bar/Restaurant paid for by the town?
The same Bar/Resturant that our Planners have made a special rule for. This very small Bar/Restaurant will be allowed no more than 50 people at one time on the premises. Does that
make crowding legal? The rule includes 7 shared parking spaces. Board Recommending the Mr Necche keep his customers in this 7 spaces.
The parking spaces in this plaza are maintained by building owners for their tenants. Not for Bar/Resturant at all hrs. If our town is taking this parking over let us know.
We also hear, Plans are emerging for 500 ft of Nott St to be reduced parking and limit access to historic shopping buildings.
I’m hearing the 15 parking spaces on the South that are being replaced by a 4th lane! ARE NOT REALLY THERE? Sorry-it’s 80 plus feet by 500ft of blacktop divided into 2 lanes, 1 parking lane, and 1 access lane. One way in and out!
Really! Still we hear parking will be the same. And planners say this with a straight face. � Shhhis not suppose to mention all the Nott St improvements!
A Alternate plan should be investigated, Moving the through traffic South, trade the land on the south for the land on the north in front of the business buildings. They need enough parking to survive. These historic buildings deserve respect. Seems like all these or most of these “improvements” could be done for the $1,500,000.00 allotted the 500 ft of improvements now planned by Schenectady County in Niskayuna.
Nott St., Clifton Park Rd, Crescent Rd! Will one continuous plan for this original town center be made. Will business owners and property owners be heard before or after plans are final?
Gail King, Niskayuna Resident, Niskayuna Business Owner, Niskayuna Property Owner.
Gail King
When no other members of the public wished to be heard and no other statements from the public were to be read, Supervisor Syed closed the privilege of the floor.
COMMITTEE REPORTS Highway, Parks and Recreation Committee, Councilwoman Perez Jaquith reported the Easter Bunny drive-thru event will be held on Friday April 2nd from 10 to 11 am. The Easter Bunny will be outside to wave and hand out goodies to the kids in their cars. This event is going to be a weather permitting event; an email blast will go out on Thursday if the event has to be canceled. The community program staff is furiously working on summer program books which will contain information on programs, concerts, the town pool and parks. The book will be available on the website and registration will open on April 1st. The driving range is slated to open for the season on Saturday April 24th weather permitting. The driving range will be open daily from 8 am to 8 pm and has a fully automated ball dispenser on the site which accepts credit cards, debit cards and Apple Pay. There's no cash accepted at that site. The senior center has reopened and the focus has primarily been on transitioning lunch and exercise programs while welcoming back senior guests. CDPHP lunches will expire the last Monday of this month which is the 29th and the drive-through pickup option for Gershon’s on Tuesdays and Thursdays will transition to an eat-in or take-out option. Seniors are getting back to visiting and playing cards. Exercise programs continue via zoom and at the same time the staff is working to transition to a hybrid solution for those who prefer to be on site. The farmer’s market committee continues to meet regularly and is gearing up for the 2021 farmer’s market season. The season will run 15 consecutive Saturday mornings July 10th through October 16th. Councilwoman Perez Jaquith reported because of the high winds parks crews have been working off of a resident request list for clean-up debris. The Highway crews will be out doing lawn repair from winter snow plowing damage weather permitting. Tree crews have been trimming and doing tree removal. Crews have also been inspecting and cleaning backyard drainage and open culverts around town. The yard waste schedule is out, random yard waste pickup starts the week of April 5th and scheduled pickup will begin the week of May 10th. This has been posted in the newspaper and the Town website. Parks crews have been cleaning brush along the bike path for future ditch work to be completed this spring. Crews are also beginning clean-up and preparing parks for the upcoming summer season. Crews are also working on completing the remaining Schenectady County grant projects, including most recently the softball netting at River Road Park. The next Highway, Parks and Recreation Committee meeting will be held Wednesday April 7th at 8 15.
Economic Development and Historic Preservation and Environmental Conservation Committee, Councilman Della Ratta reported the Rivers Ledge project is progressing nicely. If you drive by you will see some foundations and the beginning of framed up buildings. Some Advisory Board positions have been filled, there are two spots left on the Advisory Board Committee and there are a couple left for our Climate Smart Community Task Force and two remaining on the Architectural Review Board. Arbor Day April 24th, there will be a similar event as last year. The next Economic Development and Historic Preservation and Environmental Conservation Committee will be held on April 2nd at 8:30 a.m.
Water, Sewer and Engineering Committee: Councilwoman Murphy McGraw reported the water and sewer department has been very busy this time of year gearing up for the warmer weather and all the things that take place during that time of year. The water and sewer
department has promoted Dan Plauinski to Water and Sewer Maintenance worker. The Water and Sewer Department is working on securing new private fire hydrant maintenance agreements, to making sure that they are functioning at the proper level. The Water Treatment Plant will be promoting Josh Walters, to Chief Water Plant Operator and Mike Barosky has also been promoted to Water Plants Operator. The Engineering Department is in the process of receiving bids for the Niskayuna well redevelopment program. The Town of Niskayuna secures water from two sources, one from the big water tank on Balltown Road and the City of Schenectady; who we have an agreement. The Town of Niskayuna also works to develop their own wells down by the river, the water that comes right from Niskayuna. It is in the best interest of the Town to ensure that those wells are operating at the utmost capacity. The Town is continuing to clean up the Transfer Station area which includes getting rid of a gasoline tanks to allow the quality of life in our community to be improved and continuing to upgrade over by Blatnick Park. The Town has completed the Municipal Good Housekeeping training for maintenance staff both in the Highway Department and Water and Sewer Departments. It's aimed at best management practices to prevent storm water contamination. Councilwoman Murphy McGraw gave a shout out to Matt Yetto. He had some surgery yesterday and will be out for a couple of weeks she said we are all thinking of him. Councilwoman Murphy McGraw reported the Town is in the in the process of getting the pool up and running. There will be a little bit of an upgrade at the pool this year. One of our Town eagle scouts will be doing a project putting up a new bulletin board and planting flowers. The next Public Works Committee meetings, the next meeting will be held on April 1st at 8:30 a.m.
Police and Public Safety Committee: Councilman McPartlon reported everyone in the Police Department that wanted to obtain the vaccine has been vaccinated and there was no one out on quarantine. Chief Wall reported that the recommendations for the Police Reform and Reinvention Collaborative have been coming in. This is a very extensive document that the board needs time to review but is very hopeful that we will meet the April 1st deadline that the State has put forward. Councilman McPartlon announced the retirement of Officer Paul Hopson who retired after 35 years of service in the Niskayuna Police Department. Councilman McPartlon thanked him for his many years of service to Town of Niskayuna. Filling his position is Officer Paul Daley who has been promoted to the Detective Division. Councilman McPartlon reported there is a resolution on the agenda for two new police cars. The Town continues to try to keep our fleet upgraded on a yearly basis to cut down the maintenance costs and make it as economical as possible to run the Police Department’s fleet. The TBS contractor has been at town hall working on installing the new lock system and security system, this is progressing well. Councilman McPartlon reported that on March 1st the Niskayuna Police Department entered an agreement with Northern Rivers Mobile Crisis Service. They're going to be providing EDP awareness training for our officers and also hopefully in conjunction with the county and other agencies with the dispatch center be able to respond to mental health calls if such need arises. Councilman McPartlon reported the citizen issues that were talked about at the Police and Public safety committee meetings included discussions regarding Wyoming Ave and Lexington
Parkway and Fieldstone Drive. Studies have been done on these streets regarding volume and or speeding and violations. There has been an increase in enforcement in those areas. Chief Wall reported that she, Paul Briggs and the Deputy Chief Stevens have met and they're working on the towing contract for the town and the possibility of getting that out to bid to other vendors. Councilman McPartlon reported the Police Department worked with Niskayuna Fire District 1 and Nisky Now on their St. Patrick's Day dinner. Town Clerk Martinelli reported Paul Briggs is still working on the APF contract and he is getting in touch with the City of Schenectady to discuss how they're working out their contract with the APF regarding dangerous dogs and animal bites and also how to deal with a dog that has to be quarantined after biting a person. Councilman McPartlon reported the Court Justices reported they’re trying to resolve some of their case load virtually but are anxious to get reopened. The Fire Chief reported and has heard from the Niska Day Committee that appears possibly they're looking at doing something in August. It will be a different type of event but that's a tentative report. The Niskayuna Police Department’s executive secretary retired and Chief Wall thought she had a replacement but that doesn't seem to be coming to fruition, so she is still in the process of looking to fill that position. The next Police and Public Safety Committee meetings will be held on April 6th at 8:00 a.m.
SUPERVISOR’S REPORT Supervisor Syed reported Town Hall has been open to the public by appointment only as of now for over a week all is progressing well. It is the Supervisors hope that beginning the second or third week of April, at such time as when our employees and a sufficient number of the general public will be fully vaccinated that we will be able to open up Town Hall to the general public without requiring an appointment. The Supervisor stated that she does appreciate the cooperation of our employees and the public as well. Supervisor Syed said she is pleased to share the good news that as a result of the American Rescue Plan the Town of Niskayuna will receive a projected allocation of over 2.4 million dollars. The local government funds will be distributed in two equal distributions, the first will be by May 10th of this year and the second by March 11th of next year. The use of these funds is restricted to certain criteria namely to respond to Covid 19 financial impacts and to invest in water and sewer infrastructure. The town board together with our town comptroller will be endeavoring in the coming months to produce a plan for the allocation of this funding. All of those individuals who were part of this process, Councilwoman McGraw and our town comptroller, as well as President Biden for spearheading this initiative and all of our Representatives on the national level for making sure that this very much needed funding came to the Town of Niskayuna and many towns throughout the United States. Supervisor Syed announced on the agenda tonight is a resolution to approve the Police Reform and Reinvention Plan; however, instead we will be convening a workshop to be held this Friday morning. Supervisor Syed stated they will be further discussing the plan and will be allowing for additional examination of the plan. Once that workshop is held we can then schedule a Town Board special meeting to pass the plan.
Councilwoman Jaquith spoke to the three employees that are being recognizing tonight and honoring these retiring employees who have collectively given 100 years of dedicated service to the residents of the Town of Niskayuna. Mike Trentini started working for the Town of Niskayuna in1979 and after 41 years of service is retiring as a working crew leader. Mike has probably done every job that has ever been necessary for the betterment of our Town and was very involved in the creation and continued maintenance of our beautiful veteran’s memorial which is right outside Town Hall. Pete Countryman has been with the Town of Niskayuna since 1989 in addition to keeping all of our vehicles and machinery operating and extending the life of countless expensive pieces of machinery, Pete will be remembered for his willingness over the last 31 years to step into any role always making sure there was if there was a need for a snow plow operator or on any given day or anything else he was ready to step up and did so. Bob Senecal started his service with the Town of Niskayuna in 1992 and has been an integral part of the town's Highway Department over these past 28 years, filling various roles working with countless employees, training them and sharing his vast institutional knowledge of town operations. Councilwoman Perez Jaquith said the Town of Niskayuna will be forever indebted to these three gentlemen who have immeasurably made contributions to the Town of Niskayuna and its residents and we wish them all a well-deserved and wonderful retirement.
RESOLUTIONS
The following resolutions were approved with a vote of five ayes unless otherwise noted.
Resolution 2021-61 approves the acceptance of electronic grievances in the Town’s Assessor’s Office
Resolution 2021-62 authorizes a grant application to the Niskayuna Community Foundation
Resolution 2021-63 sets fees for Vacant Home Registration pursuant to Chapter 139 of the Town Code of the Town of Niskayuna
Resolution 2021-64 authorizes the purchase of two patrol vehicles for use in the Police Department
Resolution 2021-65 authorizes the Supervisor to enter into an agreement with Schenectady County for participation in the New York State Special Traffic Options Program for Driving While Intoxicated
Resolution 2021-66 authorizes the purchase of parts for pump station maintenance and repair
Resolution 2021-67 calls for a Public Hearing regarding a sewer extension on Pearse Road
Resolution 2021-68 appoints an employee to the position of Chief Water Treatment Plant Operator
Resolution 2021-69 appoints an employee to the position of plant operator
Resolution 2021-70 approves certain budgetary modifications
Resolution 2021-71 approves an amendment to Chapter 69 of the Town Code of Niskayuna entitled, Brush, Grass and Weeds
Resolution 2021-72 retains professional appraisal services
Resolution 2021-73 awards a contract with respect to paving of Town roads
Resolution 2021-74 regarding Complete Street Priority letters
Resolution 2021-75 appoints an employee to the position of Water & Sewer Maintenance Worker
Resolution 2021-76 approves the Town of Niskayuna Police Reform Collaborative Plan for submission to the State
This resolution was removed from this agenda, to be taken up at a future time.
Resolution 2021-77 approves the Town of Niskayuna Emergency Management Plan for submission to the State
Resolution 2021-78 approves the Town of Niskayuna Pandemic Action Plan to be added to the Employee Handbook
Resolution 2021-79 approves an amendment to the fees provided for in Chapter 69 of the Town Code of the Town of Niskayuna
Resolution 2021-80 accepts grant monies
Resolution 2021-81 terminates an appointment
Resolution 2021-82 authorizes the residential and commercial utility warrant for the 2nd Half of 2020
Resolution 2021-83 calls for a Public Hearing on a proposed local law to amend Chapter 75 of the Code of the Town of Niskayuna to adopt the NYStretch Energy Code
Resolution 2021-84 retains outside counsel
Resolution 2021-85 appoints an individual to the Conservation Advisory Council
CEREMONIAL RESOLUTIONS
Resolution 2021-86 thanks Michael Trentini for his years of service to the Town
Resolution 2021-87 thanks Peter Countryman for his years of service to the Town
Resolution 2021-88 thanks Robert Senecal for his years of service to the Town
Supervisor Syed made a motion to enter into executive session pursuant to public officers law section 105 subsection F to discuss matters that will necessarily lead to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. Councilman McPartlon seconded the motion, all those in favor signify by saying aye, (five ayes) Supervisor Syed stated, we're now going to enter into executive session at the conclusion of executive session she will motion to adjourn, we will not take up any further business this evening.
Michele M. Martinelli, Town Clerk
AT THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 30th DAY OF MARCH, 2021, AT 6:00 PM, HELD VIA VIDEOCONFERENCE, THE FOLLOWING MEMBERS WERE PRESENT:
Yasmine A. Syed, Supervisor John Della Ratta, Councilman Rosemarie Perez Jaquith, Councilwoman Denise Murphy McGraw, Councilwoman Bill McPartlon, Councilman
Others present: Michele M. Martinelli, Town Clerk; Diane Percy, Receiver of Taxes; Paul Briggs, Town Attorney; Alaina Finan Attorney; Stanley Fiminski, Jr., Deputy Town Supervisor; Ismat Alam, Comptroller; Frances Wall, Chief of Police; Michael Stevens, Deputy Chief of Police; Eric Amberger, Assessor; Ray Smith, Highway Superintendent; Josh Hawley, ; Laura Robertson, Town Planner; Lori Peretti, Coordinator of Community Programs; Stephen Swinton, Town Justice; Joseph Twitty, Seth Goldstein, Systems Administrator.
Privilege of the Floor
The following letters were submitted to Supervisor Syed to be read at the privilege of the floor. Submitted on Tuesday, March 30, 2021 - 5:51pm Submitted by anonymous user: 67.248.232.40 Submitted values are: Last Name: Iacovangelo First Name: Valerie Email: [email protected] Address: 1365 Van Antwerp Rd C-26 Niskayuna, NY 12309 Comment or Question: Comment: I spoke with Brian Backus about my concerns. I am against the future setting up of a Civilian Review Board on page 21, for the reason that nothing should ever interfere with a police officers right to a fair trial in a court of law. Review Boards should not be the judge and jury or have the power to discipline an officer. When a police officer is in a situation where he needs to protect the lives of others, and protect his own life, he needs to know his own Constitutional rights will not be violated. Also, the opening story about policing was out of line, and historically incorrect and biased against the police. How about some statements about how police officers helped them or protected them? How about some balance? Respectfully submitted, Valerie Iacovangelo Concerned and active citizen
When no other members of the public wished to be heard and no other statements from the public were to be read, Supervisor Syed closed the privilege of the floor.
Alaina Finan, Attorney, stated the format has changed to better implement a plan versus of the report from the Collaborative, there are two separate documents. The Collaborative was created through Executive Order 203. This was tasked with reviewing several police department policies, procedures practices and putting together recommendations for the town officials based on their review of those policies and procedures and based on their experiences and knowledge as to the Niskayuna community. That Collaborative has been working since November putting together several recommendations in a very detailed report for the Town Board and the town supervisor’s office. It’s been under review since March. The town held a public hearing on this, which was requirement of the Executive Order and based on that report it provided the framework for the plan going forward. This was essentially a two-step process of the leg work leading to those recommendations. Now we proceed going forward to make sure those recommendations are in fact implemented and not just a piece of paper. This document, the report, is separate from the plan but really forms the basis for the plan itself and in fact every single recommendation that was made by the Collaborative is contained within the plan the Town Board is considering this evening. The plan that will be submitted to the State also responds to those recommendations based on feedback provided by the Niskayuna Police Department. The Police Chief has already begun researching and working to implement some of these recommendations as early as possible. This is also reflected within the plan to show what work has already been done and what work still needs to be done. The resolution the Town Board is considering this evening also sets forth calling for an implementation task force which is part of the implementation plan itself which will get the ball rolling to ensure these recommendations are being worked through thoroughly and immediately.
RESOLUTION
The following resolutions were approved with a vote of five ayes unless otherwise noted. Resolution 2021-76 approves the Town of Niskayuna Police Reform and Reinvention Collaborative Plan for submission to the State
Councilwoman Perez Jaquith made a motion to amend the resolution and the reference plan for the implementation task force to provide for five community stakeholders instead of three, the amendment will read after Town Attorney; or his/her designee; and five (5) community stakeholders (each Town Board member and Town Supervisor should suggest one individual for appointment); and be it Councilwoman Murphy McGraw seconded.
UPON ROLL CALL THE FOREGOING RESOLUTION WAS AMENDED BY THE FOLLOWING VOTE:
COUNCILMAN DELLA RATTA VOTING AYE COUNCILWOMAN PEREZ JAQUITH VOTING AYE COUNCILWOMAN MURPHY MCGRAW VOTING AYE COUNCILMAN MCPARTLON VOTING AYE SUPERVISOR SYED VOTING AYE
There being no further business to come before the Town Board, Supervisor Syed adjourned the meeting. Michele M. Martinelli, Town Clerk
Resolution No. 2021-89
A RESOLUTION AUTHORIZING CERTAIN BUDGETARY MODIFICATIONS
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, during the fiscal year, it becomes necessary from time to time to make certain budgetary transfers to reflect unanticipated revenues and/or unanticipated operating expenditures as they have arisen since adoption of the budgets involved.
NOW, THEREFORE, be it
RESOLVED, that this Town Board does hereby authorize the Town Comptroller to make transfers of funds as indicated on the sheets attached hereto and made a part hereof.
2021 BUDGET MODIFICATIONS
GENERAL FUND
APPROPRIATIONS DECREASE INCREASE TOTAL A001990.4000 CONTINGENCY 21,950.00
A001420.1100 PERSONAL SERVICES 2,167.50
A001420.4026 LEGAL SERVICES 24,117.50
A009950-9000 TRANSFER TO CAPITAL PROJECTS 5,600.00
A009950-9000 TRANSFER TO CAPITAL PROJECTS 250,000.00
24,117.50 279,717.50 (255,600.00)
REVENUE
- - -
FUND BALANCE A00-909.00 FUND BALANCE 5,600.00 A00-909.00 FUND BALANCE 250,000.00
255,600.00 - 255,600.00
-
CAPITAL PROJECTS
APPROPRIATIONS DECREASE INCREASE
H547110-2000 EQUIPMENT / CAPITAL OUTLAY 5,600.00
H635410.2200 EQUIPMENT / CAPITAL OUTLAY 250,000.00
- 255,600.00 (255,600.00)
REVENUE
H5450-5031.00 INTERFUND TRANSFERS 5,600.00
H6350-5031.00 INTERFUND TRANSFERS 250,000.00
- 255,600.00 255,600.00
-
Resolution No. 2021-90
A RESOLUTION APPOINTING A MEMBER TO THE TASK FORCE ON RACIAL EQUITY AND JUSTICE FOR THE TOWN OF NISKAYUNA
The following resolution was offered by Councilwoman Jaquith, who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, by Resolution No. 2020 – 159, this Town Board established the Task Force on Racial Equity and Justice for the Town of Niskayuna; and
WHEREAS, by Resolution No. 2020-189, this Town Board appointed several members to the Task Force on Racial Equity and Justice for the Town of Niskayuna.
NOW, THEREFORE be it
RESOLVED, that this Town Board does hereby appoint Ayah Osman as successor to Devon Wimberly as a member of the Task Force on Racial Equity and Justice for the Town of Niskayuna for the remainder of the two-year term of office which expires July 31, 2022.
Resolution No. 2021-91
A RESOLUTION REGARDING THE RECONCILING OF THE CORPORATE UTILITY RENTS FOR THE FOURTH QUARTER OF 2020
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 Receiver of Taxes and Assessments have been reviewing the utility rent amounts charged and the utility rent amounts collected for the fourth quarter of 2020 from the corporate consumers of Consolidated Water District No. 1 and Consolidated Sewer District No. 6, and
WHEREAS, said amounts due for utility rents collected during the fourth quarter have been corrected and adjusted accordingly, and
WHEREAS, this Town Board, acting for and on behalf of Consolidated Water District No. 1 and Consolidated Sewer District No. 6, now wishes to reconcile the corporate utility rents collected during the fourth quarter of 2020.
NOW THEREFORE, be it
RESOLVED, that this Town Board, acting for and on behalf of Consolidated Water District No. 1 and Consolidated Sewer District No. 6, does hereby approve the attached reconciliation of the corporate utility rents charged and collected during the fourth quarter of 2020. 2020 4th QUARTER CORPORATE RECONCILATION (October 1, 2020 - December 31, 2020 USAGE PERIOD) WARRANTS FROM REPORT GENERATED BY Billing Report WATER $ 115,556.05 Utility Billing Clerk SEWER $ 52,957.39 PENALTIES $ 9,083.66
RECONCILIATIONS Utility Billing Clerk *from warrant WATER BILLED* $ 115,556.05 SEWER BILLED* $ 52,957.39 PENALTIES BILLED* $ 9,083.66
PRIOR DUE $383.70 ADJUSTMENTS MADE $ - ADJUSTED WARRANT $ 177,980.80
PAYMENTS COLLECTED (A) Transactions Report Receiver of Taxes WATER $ 26,185.95 WATER PENALTIES $ 13.56 SEWER $ 15,597.49 SEWER PENALTIES TOTAL COLLECTED BY TAX COLLECTOR $ 41,797.00
Amount Outstanding (B) Outstanding Balance Report Utility Billing Clerk WATER $ 89,701.45 Water penalty Q4 to be billed in 1st Qtr 2021 $ 3,588.05 Water penalty not collected $ 6,004.89 SEWER $ 37,359.90 Sewer penalty Q4 to be billed in 1st Qtr 2021 $ 1,494.40 Sewer penalty not collected $ 3,117.56 TOTAL OUTSTANDING $ 141,266.25
MINUS PENALTIES ON CURRENT BILLS $ 5,082.45 (TO BE INCLUDED IN Q1 2021 QUARTER BILLING)
OVER/UNDER PAYMENTS (C) $ -
A + B + C = WARRANT/ADJUSTED $ 177,980.80
$ -
4/23/2021 ACCOUNT / FLEXIBILL DATE WATER WATER WATER TOTAL BALANCE BREAKDOWN OF BALANCE DUE PAID CURRENT PAST DUE PENALTIES PAID DUE to be billed in Q1 2021 PERIOD: Q4 2020 WATER DATE DUE: 3/26/2021
GE GLOBAL-7763 $28,287.99 $1,413.09 $1,131.52 $30,832.60 Q4 current charges + Q3 & Q4 penalties GE GLOBAL-7764 $51,937.87 $4,220.69 $2,077.51 $58,236.07 Q4 current charges + Q3 & Q4 penalties GE GLOBAL-7765 $9,445.59 $317.56 $377.82 $10,140.97 Q4 current charges + Q3 & Q4 penalties GE GLOBAL-7766 $30.00 $1.20 $1.20 $32.40 Q4 current charges + Q3 & Q4 penalties TOTAL $89,701.45 $5,952.54 $3,588.05 $0.00 $99,242.04
KAPL - 7767 3/23/21 $7,368.98 $7,368.98 $0.00 KAPL -8141 3/23/21 $17,803.39 $17,803.39 $0.00 TOTAL $25,172.37 $0.00 $25,172.37 $0.00
GE COMPUTER-7760 3/23/21 $194.84 $194.84 $0.00 GE TRAINING-7761 3/23/21 $30.00 $30.00 $0.00 GE TRAINING-8140 3/23/21 $51.42 $51.42 $0.00 TOTAL $276.26 $0.00 $276.26 $0.00
NCSD - 7800 3/23/21 $225.91 $225.91 $0.00 NCSD-8142 3/23/21 $30.00 $30.00 $0.00 TOTAL $255.91 $0.00 $255.91 $0.00
ARMY-7987 4/2/21 $30.00 $36.70 $61.20 $5.50 2020 penalties ARMY-7988 4/2/21 $60.06 $288.49 $311.37 $37.18 2020 penalties ARMY-8143 4/2/21 $30.00 $36.00 $61.20 $4.80 2020 penalties ARMY-8144 4/2/21 $30.00 $36.07 $61.20 $4.87 2020 penalties TOTAL $150.06 $397.26 $0.00 $494.97 $52.35
TOTAL WATER PAYMENTS $115,556.05 $6,349.80 $3,588.05 $26,199.51 $99,294.39
ACCOUNT / FLEXIBILL DATE STSC STSC STSC STSC BALANCE BREAKDOWN OF BALANCE DUE PAID CURRENT PAST DUE PENALTIES PAID DUE to be billed in Q1 2021 PERIOD: Q4 2020 STSC DATE DUE: 3/26/2021
GE GLOBAL-8153 $37,359.90 $3,117.56 $1,494.40 $41,971.86 TOTAL $37,359.90 $3,117.56 $1,494.40 $0.00 $41,971.86
4/23/2021 9:01 PM KAPL - 8154 3/23/21 $15,298.95 $15,298.95 $0.00 TOTAL $15,298.95 $0.00 $0.00 $15,298.95 $0.00
GE COMPUTER-7760 3/23/21 $151.54 $151.54 $0.00 GE TRAINING-7761 3/23/21 $73.50 $73.50 $0.00 GE TRAINING-8140 3/23/21 $73.50 $73.50 $0.00 TOTAL $298.54 $0.00 $0.00 $298.54 $0.00
TOTAL STSC PAYMENTS $52,957.39 $3,117.56 $1,494.40 $15,597.49 $41,971.86
4/23/2021 9:01 PM Resolution No. 2021-92
A RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH FIRESTORM FOR USE OF SOCCER FIELDS
The following resolution was offered by Councilwoman Jaquith, who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, the Town of Niskayuna and Firestorm entered into a License Agreement for use of soccer fields located at Avon Crest Park and Zenner Soccer Fields; and
WHEREAS, the Highway, Parks and Recreation Committee recommends that the Town Board retroactively approve and authorize the above-referenced agreement.
NOW, THEREFORE, be it
RESOLVED, that this Town Board does hereby retroactively approve the license agreement between the Town of Niskayuna and Firestorm, 166 Wooddale Drive, Ballston Lake, New York, 12019 a copy of which is attached hereto and made a part hereof. LICENSE AGREEMENT TO USE SOCCER FIELDS AT ZENNER ROAD
This LICENSE AGREEMENT, dated ___ day of April 2021, by and between the TOWN OF NISKAYUNA, a municipal corporation in the State of New York having offices at One Niskayuna Circle, Niskayuna, New York 12309 (“Town”) and Firestorm FC, 166 Wooddale Drive, Ballston Lake, 12019 (“Firestorm”), for use of an area of land and improvements owned by the Town, the parties hereto agree as follows:
1. PURPOSE. The purpose of this License Agreement is to allow Firestorm to use soccer fields located in the Town of Niskayuna to provide recreational soccer opportunities for the youth in the Capital Region, including instructional and competition level soccer. Firestorm shall open its programs so that all youth will be given an equal opportunity to participate regardless of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation or disability. 2. PREMISES. The Town, subject to the terms, conditions and limitations set forth herein, hereby grants a license to Firestorm for use of the recreational facilities known as the Niskayuna Soccer Park located at Zenner Road on the north side of River Road and easterly of Zenner and Balltown Road and Avon Crest Park. The use of the premises is set forth as follows: Spring Session (from March 15th to June 30th): Field #5 at Zenner Soccer Park is available to Firestorm for use on Friday evenings from 5:00 p.m. to dusk. The Avon Crest Park is available to Firestorm for use on Tuesdays and Thursdays from 5:00 p.m. to dusk. If the availability of any other fields at Zenner Soccer Park open up for use by Firestorm during the duration of this agreement, the Town will so notify Firestorm and this paragraph is subject to change on signed written approval executed by both parties and approved of by the Town Attorney’s office. Fall Session (from August 1st to November 30th): Fields #2 and #3 at Zenner Road Soccer Park are available to Firestorm for use on Tuesday and Thursdays from 5:00 p.m. to dusk. The Town makes no promises as to the playability of fields over the course of this license agreement. In the event, the Superintendent of the Highway and Parks Department determines that any field is unplayable for a period of time, the Town will make all efforts to propose alternative playing fields for Firestorm.
3. FEE. The fee for this License Agreement is the sum of NINE THOUSAND AND 00/100 CENTS ($9,000.00). For 2021, SIX THOUSDAND AND 00/100 ($6,000.00) will be due and payable to the Town of Niskayuna within 10 days of signing this Agreement. The remaining THREE THOUSAND AND 00/100 ($3,000.00) is due by August 1, 2021. For the remainder of the agreement, each annual licensing fee of NINE THOUSAND AND 00/100 ($9,000.00) will be due by April 1st of each year. 4. TERM. The term of this License Agreement is April 1, 2021 through December 31, 2024. 5. CONDITIONS a. Firestorm is granted the exclusive right to use the Premises (soccer fields) during the term of this License Agreement as outlined herein for instructional soccer training and skills programs. b. Firestorm shall not have the right to assign this Agreement to any other party. c. Firestorm agrees that its use of the Premises will abide by the laws and ordinances of the Town, the regulations and policies of the Town, and laws of the State of New York, including but not limited to Section 147-5 of the Code of the Town of Niskayuna (rules and regulations applicable to Town parks). Firestorm specifically affirms it understands and will strictly adhere to Section 147-5(A) of the Code of the Town of Niskayuna, which provides: “No one shall throw, break or dispose of any bottle, tin can, paper, clothes, rubbish or offal of any description in any park under the jurisdiction or control of the Town Board. All items and refuse brought into a Town park shall be carried out (carry in/carry out).” A security deposit of $250.00 is due at the time this license agreement is entered into. If the Club fails to carry in and out any items resulting in the Town cleaning up the premises after used, then the Town will draw against the security deposit for the time and cost of cleanup as a result of the Club’s use. If at any time during the pendency of this license agreement, the Town uses the full $250.00 security deposit, then the Club must submit a new security deposit for the same amount in order to resume use of premises as set forth herein. At the end of the license agreement, any unused portion of the security deposit will be returned to the Club. d. Firestorm shall be solely responsible for any and all costs and expenses incurred as a result of Firestorm’s use of the Premises. e. Firestorm shall be entitled to retain any and all revenue generated by reason of Firestorm’s use of the Premises during the term of this License Agreement. f. Firestorm shall have the right to erect temporary non-political advertising signs on the Premises during the term of this Agreement. All advertising signs shall be of professional quality. Any advertising signs that would be visible from a public road (except where Zenner meets the parking lot) shall not be erected without the prior written approval of the Office of the Town Attorney of Building Department. Advertising signs shall not be higher than four feet or longer than eight feet. No advertising signs shall be erected which promote the use or tobacco or consumption of alcoholic beverages. g. Improvements i. Firestorm shall not make any improvements to the Premises that have a value of more than $1,000.00 without the prior written consent of the Town. ii. Firestorm agrees to provide written notice to the Town’s Superintendent of Highways and Parks (Raymond Smith) prior to making any temporary and/or permanent improvements to the Premises, which may be sent by regular mail to Raymond Smith, One Niskayuna Circle, Niskayuna, New York, 12309, or by email to [email protected]. iii. Firestorm agrees that it will not make any temporary and/or permanent improvements to the Premises without first obtaining the written consent of Raymond Smith. iv. In the event Firestorm fails to obtain approval for any temporary or permanent improvements to the Premises, the Town, in its discretion, may remove any improvements made to the Premises by Firestorm, and Firestorm agrees to reimburse the Town within twenty (20) days after receipt of a written itemization from the Town setting forth the costs of removing any such unapproved improvements. v. Firestorm acknowledges and agrees that the Premises described herein and any and all permanent improvements thereto are the sole property of the Town. Firestorm agrees that any and all permanent improvements that Firestorm makes to the Premises shall be gifts to the Town and shall become the property of the Town (at no cost or expense to the Town) and Firestorm shall have no further rights to such improvements. h. Maintenance i. Firestorm agrees that during the term of this Agreement, that Firestorm’s maintenance responsibility shall include, but not be limited to, maintaining the Premises in a safe condition. Firestorm shall not be responsible for maintaining the covered pavilion located on the Premises unless the pavilion is used during Firestorm functions. ii. Firestorm shall be responsible for furnishing or renting goals, nets, and corner flags and for lining the fields together with any and all duties and responsibilities related to the use of the park for Firestorm practices, league play and sponsored tournament. iii. The Town shall maintain the soccer fields in accordance with the reasonable requests of Firestorm. iv. Firestorm shall be responsible for repairing or replacing any Town property damaged as a result of Firestorm’s use of the Premises. v. The Town shall have the right to enter and inspect the Premises at any given time, for any reasonable purposes, without providing prior notice to the Firestorm. vi. In the event the Town determines that an unsafe condition exists on the Premises attributable to Firestorm’s use of the Premises, Firestorm shall correct the unsafe condition within ten (10) days after receipt of written notice from the Town. Upon receipt of written notice, Firestorm shall not use the Premises until the Town determines that the unsafe condition has been corrected. If Firestorm fails to correct the unsafe condition with ten (10) days after the date of the written notice, the Town shall have the right to correct the condition at Firestorm’s expense. Firestorm agrees to reimburse the Town within twenty (20) days after receipt of a written itemization from the Town setting forth the reasonable costs incurred in connection with correcting the unsafe condition. i. COVID-19: i. Firestorm hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the Premises if he or she (1) exhibits symptoms of COVID-19, including, without limitation, fever, cough or of breath; (2) tested positive for COVID-19, regardless of whether the individual is symptomatic or asymptomatic; in the past 14 days; and/or (3) knowingly been in close or proximate contact in the past 14 days with anyone who has tested positive for COVID-19 or who has or had symptoms of COVID-19 in the past 14 days. Firestorm agree to immediately notify Lori Peretti ([email protected]) if there is reason to believe that any of the foregoing access/use restrictions may apply. ii. Firestorm represents and affirms that it has reviewed and understands the "Interim Guidance for Sports and Recreation during the COVID-19 Public Health Emergency” issued by the New York State Department of Health,1 and intends to adhere to the guidelines when using the Premises. Additionally, Firestorm represents that it has completed the New York Forward Business Affirmation (https://forms.ny.gov/s3/ny-forward-affirmation). iii. Firestorm hereby agrees, represents, and warrants that Firestorm, its officers, agents, and employees, nor participants will use or visit the Premises if subject to quarantine or required to quarantine for a period of time pursuant to any current Executive Orders as of that date and time. j. Tournaments and Functions i. Firestorm must obtain the Town’s written authorization before it conducts a tournament or hosts a function involving more than two teams not a member of Firestorm at the Premises. ii. Firestorm agrees to provide the Parks Department (Julie Lohre) with a schedule of all tournaments and functions involving more than two teams not a member Firestorm to be held at the Premises. Any such schedule may be sent by regular mail to Julie Lohre, 1 Niskayuna Circle, Niskayuna, New York 12309, or by email to [email protected].
6. INSURANCE: Firestorm shall secure and maintain general liability insurance for the entire term of this License Agreement. The insurance policy shall be in the amount of not less than one million dollars ($1,000,000). The company issuing said insurance policy must be authorized to do business in the State of New York. The Town of Niskayuna shall be named additional insured. On or before April 1, 2021, Firestorm agrees to provide the Town with a certificate of insurance naming the Town as additional insured. Firestorm may send the certificate of insurance by regular mail to Janet Wynne, Comptroller’s Office, 1 Niskayuna Circle, Niskayuna, New York 12309 or by email ([email protected]). Firestorm must maintain such insurance throughout the entirety of the license agreement. 7. NOTICE: The following individuals are designated by Firestorm and authorized to receive any and all communications pertaining to this License Agreement from the Town: John Quimby. 8. INDEMNIFICATION. Firestorm shall indemnify, defend and hold harmless the Town, its officers, agents, and employees or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, including attorneys’ fees, damages of any nature whatsoever, by reason of or arising out of Firestorm’s use of the Premises, or any of Firestorm’s members, officers, coaches, volunteers, employees, participants or spectators use of the Premises, including any and all claims arising from becoming exposed to or infected by COVID-19. 9. TERMINATION. This License Agreement may be terminated at any time by the Town or Firestorm. The Town shall provide Firestorm with written notice of its intent to terminate this License Agreement, specifying the effective date of the termination, the reason(s), and providing Firestorm with a reasonable cure period, not to exceed ten (10) days prior to the effective date of termination. The effective date of termination may be any date following the expiration of the cure period specified in the Town’s notice of intent to terminate. 10. MODIFICATION. The provisions of this License Agreement may be amended only upon the mutual consent of the Town and Firestorm. No additions to, or alterations of the terms of this License Agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of both parties. 11. ENTIRE AGREEMENT. This License Agreement contains the entire agreement of the parties with respect to the subject matter covered or mentioned therein, and no prior agreement shall be effective to the contrary. 12. SEVERABILITY. If any section or part of this License Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such action shall not affect the validity of any other part of this License Agreement. 13. CHOICE OF LAW. This License Agreement is governed by the laws of the State of New York. 14. EXECUTION. Each party covenants with the other that it has full authority to enter into and perform its obligations under this License Agreement and the persons executing this License Agreement on their behalf are duly authorized to do so by all requisite action. This License Agreement is effective upon execution.
IN WITNESS WHEREOF, the Town and Firestorm have caused this License Agreement to be executed in their respective names by their duly authorized officers, as of the date first written above.
FOR THE TOWN OF NISKAYUNA: FOR FIRESTORM
Yasmine Syed ______Supervisor ______Date:______Date:______
APPROVED AS TO FORM:
Alaina M. Finan, Esq.
STATE OF NEW YORK COUNTY OF SCHENECTADY
On the day of in the year 2021, before me, the undersigned, personally appeared YASMINE SYED, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Town Supervisor, and that by her signature on the instrument, the individual executed the instrument.
NOTARY PUBLIC
STATE OF NEW YORK COUNTY OF ______
On the ____ day of ___ in the year 2021, before me, the undersigned, personally appeared JOHN QUIMBY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of Firestorm, and that by his signature on the instrument, the individual executed the instrument.
NOTARY PUBLIC
Resolution No. 2021-93
A RESOLUTION ACCEPTING QUOTES FOR THE PURCHASE OF SEED, MULCH, FERTILIZER AND SPREADING SERVICES
The following resolution was offered by Councilwoman Jaquith, 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 purchase of seed and fertilizer for use at Town parks and in connection with the Highway Department’s operations; and
WHEREAS, the Superintendent of Highways has recommended hiring a contractor to spread and apply fertilizers in Town parks during 2021; and
WHEREAS, the Highway, Parks and Recreation Committee concurs with these recommendations; and
WHEREAS, written quotes were requested and received in accordance with the Town of Niskayuna’s Purchasing Policy; and
WHEREAS, the Superintendent of Highways has reviewed the bids received and recommended that the lowest bidder complying with the Town’s specifications in each category be awarded the bid and that purchases be made during 2021 from the respective companies submitting the lowest bids.
NOW, THEREFORE, be it
RESOLVED, that this Town Board does hereby authorize the Superintendent of Highways to purchase certain products from the vendors shown on the sheets attached hereto and made a part hereof and to hire certain contractors for the application of such products as identified on the sheets attached hereto and made a part hereof, during 2021.
Resolution No. 2021-94
A RESOLUTION TO EMPLOY ADDITIONAL EMPLOYEES IN THE TOWN’S OFFICE OF COMMUNITY PROGRAMS AND PARKS DEPARTMENTS
The following resolution was offered by Councilwoman Perez Jaquith who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, the Coordinator of Community Programs has advised that it would be appropriate to hire seasonal employees and independent contractors to work for the Town’s Office of Community Programs; and
WHEREAS, the Superintendent of Highway and Parks Departments recommends the hiring of seasonal laborers to work for the Town’s Parks Department; and
WHEREAS, the Highway, Parks and Recreation Committee recommends the hiring of such seasonal employees and independent contractors.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby appoint the persons shown below at the hourly rate set forth herein: Niskayuna Parks Department
Name Title 2021 Rate Travis Weaver Seasonal Laborer $13.50 Jacob Hunt Seasonal Laborer $13.50 Ryleigh Endres Seasonal Laborer $13.50 Kyle Summerford Seasonal Laborer $13.50 Theodore Smith Seasonal Laborer $20.00
Niskayuna Community Programs Driving Range Employees As of April 28, 2021 Name Title 2021 rate Bush, Emmitt Rec. Attendant 10.00 Koutsakis, Stefan Rec. Leader 13.00 Lancto, Ken Rec. Attendant 10.00
and be it
FURTHER RESOLVED, that this Town Board does approve of the following independent contracts shown below at the rates set forth herein:
Niskayuna Community Programs Independent Contractors As of April 28, 2021
Name Position Salary Amazing Athletes Amazing Athletes Camp $110/participant Bianchi, Christopher. Sandlot Camp Instruction $25/ participant Bianchi, Christopher. Bianchi Baseball Camps $55/ participant Eaton, John Youth Tennis Instruction (ages 5-12) $105/participant Eaton, John Youth Tennis Instruction (ages 13-17) $129/ participant Eaton, John Adult Tennis Lessons $145/participant Flynn, Matt Flag Football Camp $40/ participant Flynn, Matt Field Games $50/participant Leap, Marion Arts and Crafts for Kids $75/participant Niskayuna Lacrosse Club Lacrosse Camp $60/ participant Niskayuna Soccer Club Bundy Soccer Camp $65/participant O’Reilly, Elizabeth Youth Fall Pre-K Soccer $35/ participant Smith, Ben Youth and Adult Golf Lessons $75/participant
Resolution No. 2021 - 95
A RESOLUTION ENACTING A LOCAL LAW TO AMEND CHAPTER 75 OF THE CODE OF THE TOWN OF NISKAYUNA, ENTITLED BUILDING CONSTRUCTION
The following resolution was offered by Councilman Della Ratta, who moved its adoption, and seconded by
BE IT ENACTED by the Town Board of the Town of Niskayuna as follows: WHEREAS, Chapter 75 of the Code of the Town of Niskayuna sets forth the Town’s local law regarding Building Construction; and WHEREAS, to prevent a statewide patchwork of stricter energy codes, the New York State Energy Research and Development Authority (NYSERDA) developed the NYStretch Energy Code – 2020 (NYStretch); and WHEREAS, a stretch energy code is simply an energy code that is more stringent than the minimum base energy code that can be voluntarily adopted by local jurisdictions. NYStretch is a model stretch code that will be ten to twelve percent (10-12 %) more efficient than the minimum requirements of the base energy code, the 2020 Energy Conservation Construction Code of New York State (2020 ECCCNYS); and WHEREAS, some New York State municipalities have adopted narrower energy standards to ensure reduced energy costs for its residents and businesses; and WHEREAS, under NY Energy Law §11-109, the Town of Niskayuna is authorized to adopt a local energy code more stringent that the 2020 ECCCNYS; WHEREAS, the Building Department has recommended amending Chapter 75 of the Town Code to adopt the NYS Stretch Energy Code; and WHEREAS, the Economic Development, Historic Preservation and Environmental Conservation Committee concur with this recommendation; and WHEREAS, On March 23, 2021, the Town of Niskayuna, as Lead Agency, declared the local law amendment a Type II Action under SEQRA which does not require any further environmental review. WHEREAS, a public hearing was held on April 27, 2021, at which time all persons either for or against said amendments were heard; and NOW, THEREFORE, be it RESOLVED, that this Town Board of the Town of Niskayuna does hereby adopt LOCAL LAW No. 3 (2021) as follows:
Local Law No. 3 (2021)
Section 1. Amend Section 75-3 of Chapter 75 of the Code of the Town of Niskayuna, entitled Applicability of standards, to the following:
75-3 Applicability of Standards. The New York State Uniform Fire Prevention and Building Code shall be applicable to the Town of Niskayuna in accordance with Article 18 of the Executive Law of the State of New York, and Article IX of the Code of the Town of Niskayuna.
Section 2. Add Article IX as follows:
Article IX. Energy Conservation
75-44 Legislative Intent
The Town of Niskayuna seeks to protect and promote the public health, safety, and welfare of its residents by mandating energy efficient building standards. The 2020 Energy Conservation Construction Code of New York State (ECCCNYS), updated by the New York State Fire Prevention and Building Code Council, must be complied with for residential and commercial buildings unless a more restrictive energy code is voluntarily adopted by a local jurisdiction. In 2019, the New York State Energy Research and Development Authority (NYSERDA) developed and published the NYStretch Energy Code 2020 (hereinafter referred to as NYStretch), a more energy efficient building code than the 2020 ECCCNYS. This Article seeks to modify the Town Code to adopt NYStretch and to enact more restrictive regulations as they relate to new or substantially renovated buildings.
75-45 Adoption of NYStretch Code
Effective June 1, 2021, the NYStretch Energy Code 2020, published by the New York State Energy Research and Development Authority (hereafter referred to as “NYStretch”), shall be applicable to all new construction, substantial renovations, alterations and additions, as required by the 2020 ECCCNYS as amended by NYStretch in the Town of Niskayuna.
75-46 Authority
This Article is enacted pursuant to New York Energy Law §11-109(1), and Municipal Home Rule Law §10 and in accordance with the procedures detailed in Municipal Home Rule § 20.
Section 3.
This local law shall be filed with the state fire prevention and building code council within thirty days after its adoption
Section 4.
This local law shall take effect upon filing with the Secretary of State [i.e., within 30 days of adoption of NYStretch] pursuant to New York Energy Law §11-109(1) and the Municipal Home Rule Law.
AND BE IT RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption:
NOTICE OF ADOPTION
TAKE NOTICE that after a public hearing was held by the Town of Niskayuna on April 27, 2021, the Town of Niskayuna, at its meeting on April 27, 2021, adopted Local Law No. B of 2021 as follows: “A LOCAL LAW TO AMEND CHAPTER 75 OF THE CODE OF THE TOWN OF NISKAYUNA, ENTITLED BUILDING CONSTRUCTION.
SUMMARY OF LOCAL LAW
These code amendments make the Town Code consistent with revisions to the New York State Energy Conservation and Construction Code and adopt more stringent regulations as they relate to new construction or substantial renovation projects.
Copies of the proposed local law sponsored by Councilman Della Ratta are on file in the Town Clerk’s Office, Monday through Friday, from 9am to 5pm.
BY ORDER OF THE TOWN OF NISKAYUNA NISKAYUNA, NEW YORK MICHELE MARTINELLI, TOWN CLERK
Resolution No. 2021-96
A RESOLUTION APPOINTING A PERSON TO THE BOARD OF ASSESSMENT REVIEW
The following resolution was offered by Supervisor Syed and Councilwoman McGraw who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, this Town Board on May 9, 1972 did appoint a five-member Board of Assessment Review to serve in the Town of Niskayuna to hear complaints relative to assessments, in accordance with section 1524 of the Real Property Tax Law of the State of New York, and
WHEREAS, Taryn Davila-Webster has resigned from her term of office before the expiration of her term.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby appoint Jami Durante Rogowski, residing at 1020 Woodfield Drive, Niskayuna, New York 12309, to membership on the Board of Assessment Review of the Town of Niskayuna as successor of Taryn Davila-Webster for a term of office to expire September 30, 2023, and be it
FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized and directed to notify the said Jamie Durante Rogowski, and the appropriate County officers of the above-described re-appointment.
Resolution No. 2021-97
A RESOLUTION PROCLAIMING APRIL 24, 2021 AS ARBOR DAY IN THE TOWN OF NISKAYUNA
The following resolution was offered by Councilman Della Ratta, who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world and in 2021, Arbor Day will be observed in Niskayuna on April 24th; and
WHEREAS, Trees are important because they take in carbon dioxide, intercept airborne particulates and reduce smog, enhancing a community’s respiratory health and helping to mitigate climate change; and
WHEREAS, Trees release oxygen and one large tree can provide a day’s supply of oxygen for up to four people; and
WHEREAS, Trees provide food and an apple tree can yield up to 15-20 bushels of fruit per year and can be planted on the tiniest urban lot; and
WHEREAS, Trees heal people and studies have shown that patients with views of trees out their windows heal faster and with less complications; and
WHEREAS, Trees provide many economic benefits to their community, including homes landscaped with trees sell more quickly and are worth 5 - 15% more than homes without trees and when the entire street is tree-lined, homes may be worth 25% more; and
WHEREAS, Trees help moderate temperatures by creating a cooling effect which can counteract the heating effect of pavement and buildings in an urban or suburban environment.
WHEREAS, Trees, wherever they are planted, are a source of joy and spiritual renewal; and
WHEREAS, the Town of Niskayuna planted two Sassafras trees in honor of Arbor Day at the Town of Niskayuna Senior Center at 2682 Aqueduct Road.
NOW THEREFORE, be it
RESOLVED, that the members of this Town Board do hereby encourage Town residents, businesses and institutions to support efforts to protect our trees and woodlands and further, urges all citizens to plant trees to enhance our communities and hereby recognizes April 25, 2021 as Arbor Day in Niskayuna.
Resolution No. 2021-98
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF THE MESICK “BRIDES CHEST” TO THE TOWN OF NISKAYUNA
The following resolution was offered by Councilman Della Ratta and Councilwoman McGraw who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, In June of 2020, Joel Bisaillon of Bisaillon Properties purchased the historic Mesick home at 2627 Troy Schenectady Road with the intention to restore the existing home and subdivide the remainder of the parcel, and
WHEREAS, During the restoration of the historic Mesick Home, Joel Bisaillon discovered the original “Bridges Chest” of Anna Barbara Mesick nee Ogsbury, restored to its original finishes by her great grandson Harry Mesick Cregier in 1969; and
WHEREAS, this original artifact, likely built a few years before her marriage to Thomas Mesick in 1843, is nearly 180 years old; and
WHEREAS, it represents a significant moment in Niskayuna’s history for an influential Niskayuna family and remains in excellent condition; and
WHEREAS, Joel Bisaillon has offered the “Brides Chest” to the Town of Niskayuna for safekeeping and display so that it is protected for the public long into the future; and
WHEREAS, in addition to the offer of donation, during the renovations Joel Bisaillon has demonstrated a strong commitment to preserving the historical integrity of the home for the benefit of future generations of the Town of Niskayuna.
NOW THEREFORE, be it
RESOLVED, the Town Board hereby recognizes and honors Joel Bisaillon for his generous donation of the Mesick “Brides Chest” to the Town and for his commitment to preserving and protecting the historic property at 2627 Troy Schenectady Road; and be it
FURTHER RESOLVED, that this Town Board does hereby accept the donation of the Mesick “Brides Chest” for display at Town Hall. Resolution No. 2021-99
A RESOLUTION ACCEPTING RESIGNATIONS
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, this Town Board previously appointed Alexis Kim to the position of Deputy Town Attorney, and
WHEREAS, this Town Board previously appointed Peter Trapalis as an employee in the Town’s Water and Sewer Department.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby, effective May 28, 2021, accept the resignation of Alexis Kim and does hereby authorize the Supervisor to sign any paperwork related to the resignation, including a resignation agreement, subject to the approval of the Town Attorney’s office as to form; and be it
FURTHER RESOLVED, that this Town Board does hereby, effective April 9, 2021, accept the resignation of Peter Trapalis and does hereby authorize the Supervisor to sign any paperwork related to the resignation, including a resignation agreement, subject to the approval of the Town Attorney’s Office as to form.
Resolution No. 2021-100
A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A FENCE AGREEMENT WITH THE OWNERS OF 1563 DEAN STREET
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, Sewer, and Engineering has advised that it is necessary to enter into an easement agreement with the present owners of a certain parcel of land in the Town of Niskayuna designated as 1563 Dean Street, Niskayuna, New York, to allow the owners to place and maintain a fence on a portion of the Town of Niskayuna’s water and storm drainage easement within the property lines of said parcel.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby authorize the Supervisor to enter into an agreement with the present owners of property known as 1563 Dean Street, attached hereto and made a part hereof.
AGREEMENT
THIS AGREEMENT made the ____ day of April 2021 between ADAM ZIMA, being the present owner of 1563 Dean Street, Niskayuna, New York, hereinafter called the
Owner, and the Town of Niskayuna, a municipality having offices at One Niskayuna Circle,
Niskayuna, New York.
WITNESSETH:
WHEREAS, ADAM ZIMA, IS the present owner of a certain parcel of land in the
Town of Niskayuna designated as 1563 Dean Street, Niskayuna, New York, being the same
premises described in a deed and recorded in the Schenectady County Clerk’s Office on
December 10, 2019 in Book 2026 at Page 234, Tax Map Identification Number 40.14-3-33.
WHEREAS, a drainage easement in favor of the Town of Niskayuna lies within the
property lines of said parcel, and
WHEREAS, the said Owner has requested permission to place a fence on a portion of
and/or within said easement,
NOW THEREFORE, by this agreement, the Town of Niskayuna, in consideration of
the sum of $1.00 paid by the Owner, does hereby grant permission for the placement of the fence
to occur and be maintained on the Town’s easement subject to the following conditions:
1. The Owner shall obtain a building permit from the Town prior to placement of the
fence. The location of the fence shall be approved by the Building Inspector after consultation
with the Superintendent of Water, Sewer and Engineering and shall comply with the Code of the
Town of Niskayuna.
2. The fence shall not cause any damage to or interfere with the function of the easement. 3. The Owner, his successors, heirs and assigns shall indemnify and hold the Town harmless from any liability arising from the placement or maintenance of the said fence.
4. In the event that the Town deems it necessary to remove all or a portion of the fence whether within or without the easement, the parties agree that this shall be done at the sole discretion of the Town and without any restoration costs being incurred by the Town.
5. It is understood that this Agreement does not authorize any construction or activity within the easement other than the placement and maintenance of the above fence as set forth
herein.
6. This Agreement is revocable by the Town.
7. This Agreement shall be binding upon and inure to the benefit of the respective
parties hereto, their respective heirs, successors and assigns.
______ADAM ZIMA
TOWN OF NISKAYUNA
By: ______YASMINE SYED, Supervisor
STATE OF NEW YORK COUNTY OF SCHENECTADY
On the _____ day of ______, 2021, before me, the undersigned, personally appeared ADAM ZIMA, personally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individuals executed the instrument.
______NOTARY PUBLIC
STATE OF NEW YORK COUNTY OF SCHENECTADY
On the ____day of ______, 2021, before me, the undersigned, personally appeared YASMINE SYED, Supervisor of the Town of Niskayuna, to me known, who being by me duly sworn, did depose and say that she resides in Niskayuna, New York, that she is the Supervisor of the Town of Niskayuna described herein, and which executed the foregoing instrument; that she knows the seal of said Town; that the seal affixed to said instrument is such Town seal; that it was so affixed by order of the Town Board of said Town; and that she signed her name thereto by like order.
______NOTARY PUBLIC
Resolution No. 2021 - 101
A RESOLUTION TO ACCEPT CERTAIN LANDS IN THE OVERLOOK PARK SUBDIVISION
The following resolution was offered by Councilman Della Ratta who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, the Town has been offered title to certain open space / parkland lands in the Overlook Park Subdivision totaling 1.54 +/- acres, as shown on a map attached hereto and made a part hereof entitled Overlook Park Subdivision, St. No 2627 Troy Schenectady Road” by Advance Engineering & Surveying, PLLC, dated September 10, 2020 and last revised March 2, 2021; and
WHEREAS, the aforementioned property consists of a mature mixed Hemlock-Northern Hardwood Forest, with some tree specimens likely over 200 years old; and
WHEREAS, the aforementioned property offered to the Town has the opportunity to connect to the southern portion of the Nature Conservancy’s Lisha Kill Preserve, and therefore could open up expanded recreational opportunities by Niskayuna residents beyond the boundaries of the 1.54 acre property alone; and
WHEREAS, the Economic Development, Historic Preservation & Environmental Conservation Committee, and Town’s Planning Board recommends that the Town accept this parcel for general municipal purposes.
NOW THEREFORE, be it hereby
RESOLVED, that this Town Board does hereby accept title to the 1.54 acres of open space/parkland, more fully described in copies of documents attached hereto and made a part hereof, and be it
FURTHER RESOLVED, that in order to protect the integrity of the offered parklands, acceptance of this land is contingent on the developer installing a split rail fence along the eastern property of this parcel, and be it
FURTHER RESOLVED, that the Town shall restrict the property so that it remains forever undeveloped and available to the public for parkland and recreation.
R-1 DISTRICT SCHEDULE OF SUPPLEMENTARY REGULATIONS
MINIMUM LOT SIZE MAXIMUM MINIMUM YARD REQUIREMENTS PERCENTAGE OF MINIMUM REQUIRED DISTRICT USE COVERAGE BY OFF -STREET BUILDING AND SIDE PARKING SPACE(S) AREA WIDTH DEPTH FRONT REAR (ALSO SEE 220-19) STRUCTURES 1 BOTH SITE R-1 SINGLE FAMILY 18,000 100 FT 125 FT 25 35 20 40 25 (LOW-DENSITY SF RESIDENTIAL) DWELLING STANDARD SUBDIVISION NOTES:
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· · SITE LOCATION MAP · ·
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· SITE ·
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ZONING MAP
SURVEY NOTES: Design of: MAP REFERENCE: CONSULTING IN - CIVIL & ENVIRONMENTAL ENGINEERING LAND SURVEYING & DEVELOPMENT COMMERCIAL AND RESIDENTIAL W
SA OWNER/APPLICANT W SA
ST W SA
SA SA SA SA SA W SA SA SA SCALE: 1" = 50' W W W W W W W W W LOW DENSITY RESIDENTIAL (R-1)
TYPICAL LOT LAYOUT TOWN OF NISKAYUNA COUNTY OF SCHENECTADY NEW YORK ST. NO. 2627 TROY SCHENECTADY ROAD OVERLOOK PARK SUBDIVISION DATE: SEPTEMBER 10, 2020
SUB
\\ds1513serv\shared files\JOBS\Jobs 2020\#20129-2627 Troy Rd, Bisaillon\dwg\20129 SUB2.dwg, 3/9/2021 1:59:27 PM, CADPC-1, 1:1 1 OF 1 DESCRIPTION OF LANDS TO BE CONVEYED TO TOWN OF NISKAYUNA
All that piece or parcel of land situate, lying and being located in the Town of Niskayuna, County of Schenectady and State of New York, being a portion of lands shown on a survey titled “A Survey for Bisaillon Properties, LLC, Town of Niskayuna, County of Schenectady, State of New York”, dated April 22, 2020, as prepared by Joanne Darcy Crum, L.S. 49673 and being more particularly bounded and described as follows:
Beginning at point in the northerly highway boundary of N.Y.S. Route 7 at its intersection with the division line between lands now or formerly of Town of Niskayuna Sewer Dist. #5 as described in Liber 389 of deeds at page 354 on the west and lands now or formerly of Bisaillon Properties, LLC as described in Liber 2040 of deeds at page 92 on the east; thence from said point of beginning along said division line the following two (2) courses and distances:
1) North 22°22’15” East, 80.02 feet to a point; thence 2) North 08°05’00” West, 23.73 feet to a point in the division line between the aforementioned lands of Bisaillon Properties, LLC on the east and lands now or formerly of O’Connor as described in Liber 1950 of deeds at page 913 on the west; thence along said division line the following four (4) courses and distances:
1) North 74°44’30” East, 67.35 feet to a point; thence 2) North 41°35’30” East, 79.90 feet to a point; thence 3) North 20°50’30” East, 108.20 feet to a point; thence 4) North 10°24’30” East, 146.08 feet to a point in the division line between the aforementioned lands of Bisaillon Properties, LLC on the east and lands now or formerly of Most Holy Redeemer Cemetery as described in Liber 1580 of deeds at page 750 on the west; thence along said division line the following two (2) courses and distances:
1) North 11°18’45” East, 7.28 feet to a point; thence 2) North 39°48’15” East, 182.71 feet to a point in the division line between the aforementioned lands of Bisaillon Properties, LLC on the west and lands now or formerly of Town of Niskayuna as described in Liber 1295 of deeds at page 91 on the east; thence along said division line South 27°50’40” East, 126.02 feet to a point therein; thence through the aforementioned lands of Bisaillon Properties, LLC the following five (5) courses and distances:
1) South 62°09’20” West, 122.94 feet to a point; thence 2) South 00°58’45” West, 146.99 feet to a point; thence 3) South 12°45’35” West, 44.68 feet to a point; thence 4) South 22°32’34” West, 137.70 feet to a point; thence 5) South 40°38’09” West, 190.82 feet to a point in the aforementioned northerly highway boundary of N.Y.S. Route 7; thence along said northerly highway boundary of N.Y.S. Route 7 the following two (2) courses and distances:
1) North 59°11’45” West, 59.69 feet to a point; thence 2) North 48°27’10” West, 50.58 feet to the point and place of beginning and containing 1.54 acres of land more or less.
Subject to all rights, easements, covenants and restrictions of record.
Resolution No. 2021-102
A RESOLUTION TO AUTHORIZE THE SUPERINTENDENT OF HIGHWAYS TO ENTER INTO AND EXECUTE EXTENSIONS TO LANDSCAPE MAINTENANCE CONTRACTS
The following resolution was offered by Councilwoman Perez Jaquith 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 retaining lawn mowing and trimming services for the certain holding ponds and Town owned property, and
WHEREAS, Highway, Parks & Recreation Committee concurs with this recommendation, and
WHEREAS, price quotations were requested and received pursuant to the Town’s Purchasing Policy.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby authorize the Superintendent of Highways to enter into a one (1) year extension to a landscape maintenance contract with BrightView Landscaping Services, 391 Anthony Street, Schenectady, New York 12308, at a cost not to exceed $7,100.00 for the calendar year 2021 for the landscape and maintenance of holdings ponds located at Empire Drive, Lori Drive, and Gala Place, and be it
FURTHER RESOLVED, that this Town Board does hereby authorize the Superintendent of Highways to enter into a one (1) year extension to a landscape maintenance contract with Richard Fritz DBA Boulevard Services, Inc., at a cost not to exceed that contained in the attached document for the calendar year 2021 for the landscape and maintenance of Dean Street Park, and be it
FURTHER RESOLVED, that this Town Board does hereby authorize the Superintendent of Highways to enter into a one (1) year extension to a landscape maintenance contract with Patrick Kelly DBA Mulligan Mowing and Maintenance, at a cost not to exceed that contained in the attached document for calendar year 2021 for the landscape and maintenance of Baker Avenue Park and treatment of Blatnick Pond Algae at a cost not to exceed $1,250.00 for calendar year 2021.
Resolution No. 2021-103
A RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO ASSIGNED FUND BALANCE
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, the Town Comptroller recommends transferring certain un-assigned funds from fiscal year 2020 to an Assigned Fund Balance due to the 2021 4% budget challenge that was adopted by this Town Board in November 2020; and
WHEREAS, the transfer of funds to an Assigned Fund Balance must meet the guidelines established by the Governmental Accounting Standards Board, including, but not limited to GASB Summary Statement No. 5; and
WHEREAS, with a transfer of funds into an Assigned Fund, certain budgetary modifications are required; and
WHERES, the Finance and General Governance Committee concurs with such recommendation.
NOW, THEREFORE, be it
RESOLVED, that this Town Board does hereby authorize the Town Comptroller to make transfers of funds as indicated on the sheets attached hereto and made a part hereof, including any associated budgetary modifications that would be required because of the transfers.
Town of Niskayuna 2020 YE Assigned Fund Balance
Amount Explanation General Fund 69,070.24 Significant Rev loss due to Covid in 2020. 2021 budge had 4% exp cuts. Will use portion of FB @ 12/31/20 for inccur ONLY necessary expenses for certain departments in 2021
413,691.41 In 2020, TB passed resolutions to transfer $389k from FB to GF for 2 capital projects . Covid related delays in 2020 with targeted completion in 2021.
80,000.00 In 2021, the Town offered retirement incnetive ($10K) as cost saving cost measure. 8 Employees took advantage.
562,761.65
Highway Fund 6,000.00 Puchase of a snow blower
Sewer - 1 Fund 36,416.02 Significant Rev loss due to Covid in 2020. 2021 budge had 4% exp cuts. Will use portion of FB @ 12/31/20 for inccur ONLY necessary expenses for certain departments in 2021
Sewer - 6 Fund 31,455.93 Significant Rev loss due to Covid in 2020. 2021 budge had 4% exp cuts. Will use portion of FB @ 12/31/20 for inccur ONLY necessary expenses for certain departments in 2021
25,102.81 Pump Station Rehab
Water - 1 Fund 39,448.82 Significant Rev loss due to Covid in 2020. 2021 budge had 4% exp cuts. Will use portion of FB @ 12/31/20 for inccur ONLY necessary expenses for certain departments in 2021
H:\2020 Yearend Forecast\FCST-3 - April 2021\2020 Forecast-3-YTD Actuals REVISED-4-12-2021-USE MASTER-TB April 13- 2021Resolution TB-3-2021 - FINAL
Resolution No. 2021-104
A RESOLUTION APPROVING THE USE OF PRIVATE HYDRANT AGREEMENTS
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, Section 912.7 of the 2015 International Fire Code provides: “Fire department connections shall be periodically inspected, tested and maintained in accordance with NFPA 25. Records of inspection, testing and maintenance shall be maintained.”
WHEREAS, NFPA 25 establishes the minimum requirements for periodic inspection, testing, and maintenance of various water-based fire protection systems, including fire hydrants; and
WHEREAS, Section 7.3.2 of NFPA 25 states “Hydrants shall be tested annually to insure the proper functioning”; and
WHEREAS, the Superintendent of Water, Sewer and Engineering recommends that the Town enter into private hydrant agreements with landowners within the Town of Niskayuna with fire hydrants on their property, to allow for the Town to maintain said hydrants for those residents for a fee.
NOW, THEREFORE, be it
RESOLVED, that this Town Board does hereby approve the use of the attached private hydrant agreement to be utilized in the future by the Town’s Water and Sewer Department.
Town of Niskayuna FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made the ___ day of ______, ____ by and between the Town of Niskayuna, One Niskayuna Circle Niskayuna, New York 12309 (the “TOWN”) and ______, ______(the “OWNER”). WHEREAS, Section 912.7 of the 2015 International Fire Code provides: “Fire department connections shall be periodically inspected, tested and maintained in accordance with NFPA 25. Records of inspection, testing and maintenance shall be maintained.” WHEREAS, NFPA 25 establishes the minimum requirements for periodic inspection, testing, and maintenance of various water-based fire protection systems, including fire hydrants; and WHEREAS, Section 7.3.2 of NFPA 25 states “Hydrants shall be tested annually to insure the proper functioning’; and WHEREAS, located on the OWNERS property at ______Niskayuna, New York there are ____ hydrants(s) which are the property and responsibility of the OWNER; and WHEREAS, the TOWN and the OWNER desire to enter into this Inspection and Maintenance Agreement for the purpose of insuring that the OWNER’s hydrant(s) are inspected and tested at least annually and that any necessary repairs are made to the hydrant(s) to insure proper operation thereof; and WHEREAS, the OWNER desires that the TOWN shall undertake the responsibility of testing, inspecting and routine preventative maintenance of the OWNER’s hydrant(s) at the OWNER’s expense. NOW THEREFORE, the TOWN and the OWNER agree as follows: 1. The TOWN shall undertake the responsibility of testing, inspecting and routine preventative maintenance of the OWNER’s hydrant(s) once per year. 2. The term of this Agreement shall be for the calendar year that it is executed within. 3. The OWNER hereby agrees that the TOWN shall have the right to enter the OWNER’s property to test, inspect and maintain the OWNER’s hydrant(s) without notice to the OWNER. 4. The OWNER shall be billed by the TOWN after the signing of this Agreement. The costs and expenses associated with testing, inspecting and maintaining the OWNER’s hydrant(s) shall be based on the charges set forth in Schedule A. 5. The OWNER agrees that if the TOWN determines that a hydrant is in need of repair, the OWNER shall be responsible for hiring a contractor to make the necessary repairs at the OWNER’s cost. 6. The OWNER agrees that any necessary repairs identified by the TOWN during an inspection will be made by the OWNER in a timely manner. The TOWN reserves the right to complete the repairs at the cost of the OWNER if the OWNER fails to make any necessary repairs within a reasonable time after being put on notice. 7. The OWNER agrees that the OWNER shall indemnify and hold harmless the TOWN and all TOWN employees from and against all claims, causes of action, lawsuits, damages, losses and expenses, direct, indirect or consequential (including but not limited to attorney’s fees) arising out of any testing or inspection of the OWNER’s hydrant(s). 8. The TOWN and the OWNER agree that this Agreement may not be amended except by a written instrument signed by the OWNER and a duly authorized agent of the TOWN. 9. This Agreement contains the entire agreement of the parties with respect to the subject matter covered or mentioned therein, and no prior agreement shall be effective to the contrary. 10. This Agreement is effective upon signature of both parties. IN WITNESS WHEREOF, the TOWN and the OWNER have caused this Agreement to be executed in their respective names by their duly authorized officers, as of the date first written above.
Number of Hydrants ______Total Cost of Agreement ($300/Hydrant) ______
ACKNOWLEDGED AND AGREED:
TOWN OF NISKAYUNA OWNER
Signature: ______Signature: ______
Print:______Print:______
Title:______Title:______
SCHEDULE A
INSPECTION COSTS AND EXPENSES
Total Charges per Hydrant ………………………………………………………..... $300.00
Annual testing and maintenance shall include the following:
1. Flushing
2. Greasing
3. Painting (as needed determined by the Town)
4. Minor Adjustments
Resolution No. 2021-105
A RESOLUTION TERMINATING CERTAIN COVID-19 RELATED ORDERS AND POLICIES
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, the Supervisor issued Emergency Order 2020-02 in March 2020 related to the COVID-19 global pandemic and closing Town Offices, Buildings and other Facilities for use by the general public; and
WHEREAS, this Town Board by Resolution 2020-83 implemented a Paid Sick Leave Policy and Established a Pandemic Emergency Sick Bank relative to the COVID-19 Global Pandemic; and
WHEREAS, this Town Board by Resolution 2020-84 created a policy allowing for flexible work arrangements for employees in light of school and daycare extended closings relative to the COVID-19 Global Pandemic; and
WHEREAS, this Town Board by Resolution 2020-85 created a remote work and social distancing policy for the Town of Niskayuna.
NOW, THEREFORE, be it
RESOLVED, that this Town Board does hereby authorize and direct the expiration of Emergency Order 2020-02 and the related COVID-19 policies established in Resolutions 2020- 83, 2020-84, and 2020-85 effective May 1, 2021.
Resolution No. 2021-106
A RESOLUTION CHANGING CERTAIN FEES COLLECTED BY THE PLANNING AND BUILDING DEPARTMENT
The following resolution was offered by Councilman Della Ratta, who moved its adoption, and seconded by
BE IT ENACTED, by the Town Board of the Town of Niskayuna, as follows:
WHEREAS, the Town Planner and Town Comptroller have recommended that certain fees collected by the Planning and Building Department be amended; and
WHEREAS, the Economic Development, Historic Preservation and Environmental Conservation Committee has studied the issue and has recommended that the amendments be made; and
WHEREAS, the Finance and General Government Committee concur with these recommendations.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby adopt the following fee schedule for the purpose listed below, effective May 1, 2021:
Residential Roofing Fee Schedule
Project Cost Permit Fee $0-$4,999 $70.00 $5000-10,999 $125.00 $11,000 - $16,999 $187.00 $17,000 & Above $200.00
Resolution No. 2021-107
A RESOLUTION APPOINTING GROUNDS MAINTENANCE WORKERS
The following resolution was offered by Councilwoman Perez Jaquith, 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 appointment of three full-time Grounds Maintenance Workers, and
WHEREAS, the Highway, Parks and Recreation Committee concurs with this recommendation.
NOW THEREFORE, be it
RESOLVED, that this Town Board does hereby appoint Nicholas Thomas who resides at 215 Sacandaga Road, Scotia, N.Y. 12302, to the position of full-time Grounds Maintenance Worker, subject to the probationary provisions of the Civil Service Law, and satisfactory completion of pre-employment background checks, physical, and drug test screening; and be it FURTHER RESOLVED, that the compensation for said Nicholas Thomas shall be fixed pursuant to the applicable Collective Bargaining Agreement ($20.1413/hour); and be it FURTHER RESOLVED, that this Town Board does hereby appoint Nicholas C. Sweeney who resides at 15 Pershing Drive, Scotia, N.Y. 12302, to the position of full-time Grounds Maintenance Worker, subject to the probationary provisions of the Civil Service Law, and satisfactory completion of pre-employment background checks, physical, and drug test screening; and be it FURTHER RESOLVED, that the compensation for said Nicholas C. Sweeney shall be fixed pursuant to the applicable Collective Bargaining Agreement ($20.1413/hour); and be it FURTHER RESOLVED, that this Town Board does hereby appoint Bradley J. Herrgerell who resides at 59 Lori Drive, Niskayuna, N.Y. 12309, to the position of full-time Grounds Maintenance Worker, subject to the probationary provisions of the Civil Service Law, and satisfactory completion of pre-employment background checks, physical, and drug test screening; and be it FURTHER RESOLVED, that the compensation for said Bradley J. Herrgerell shall be fixed pursuant to the applicable Collective Bargaining Agreement ($20.1413/hour); and be it
FURTHER RESOLVED, that the Town Clerk on behalf of this Town Board be, and she hereby is, authorized and directed to notify the said Nicholas Thomas, Nicholas C. Sweeney and Bradley J. Herrgerell of the above-described appointments.