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Town Board Minutes 04/15/2003

        HONORABLE               LIZ ORZEL KASPER                        COUNCILWOMAN
                                WILLIAM R. CHAPMAN              COUNCILMAN
                                RICHARD A. HOLT                 COUNCILMAN
                                DIANE P. O’DONNELL              COUNCILWOMAN
                                LUKE J. SMITH                   SUPERVISOR

        Also present:  Helen Kopke, Town Clerk; Eric Dickson, Town Attorney; Kathy Matern, Town Planner; Richard Pollock, Superintendent of Water & Sewer; Paul Sebesta, Comptroller; Frank Gavin, Superintendent of Highways.

        Public Hearing No. 1 – Establishes Extension 89 to Consolidated Sewer District No. 1 (Stanford/Fillmore).
        Richard Pollock, Superintendent of Water & Sewer Department gave a brief overview of the Sewer Extension. Councilman Chapman outlined the financing of the project.  The extension will be paid for by the residents in the district.  The cost of the project is $885,080 and unfortunately, the Town was not awarded a grant for this project.  The project has been approved for a 0% 30-year loan provided that the probable usefulness of the extension would exceed 30 years.     A home with 40’ of frontage would cost $170.80 per year, 80’ is $341.60 and 120’ of frontage is $512.40. Each homeowner will pay an additional $279 for operation and maintenance fees and will have to pay a plumber to tie their system into the new lines that are being installed in the street.  These costs are similar to other recent extensions such as Central Avenue, Jewett, and Taurus that costs a total of $397; and St. David’s Lane $405 for 50’ frontage.  51 of the 88 properties (58% who hold 61% of the assessed evaluation) have signed the petition requesting this extension.  Roads in this area have been placed on the repaving schedule after the project is complete.   
Lisa Abel, 633 Fillmore Avenue, received a letter from members of the Town Board that explained the proposal.  She questioned the three-week deadline stated in the letter and determined that the petition would expire about March 4.  When she called the Town March 10 she was told that more signatures were coming in.  She asked the Board why the deadline for signatures on the petition was left often (seemingly indefinitely) and who authorized it to be left open.  She feels she is being pushed into the sewer district and feels the petition should stand as it was on March 4.  She urged the Board to look into the matter before taking any further action.  
        Attorney Erickson commented that the issue has been researched.  By the time the three-week ended sufficient signatures were obtained in order to go forward with the project.  Signatures represented 50% of the assessed value in the proposed project by the end of the 3-week period.  The three-week period stated in the letter was not a legal requirement but was an arbitrary time that the Town used that was not binding.  These are creations of law and the Town has to follow the law, but there is no time period within the law.  The three weeks was arbitrary.  Signatures of residents that came in after the three-week time period counted toward the total required, but sufficient signatures had already been obtained.  
        Craig Prusky, 350 Stanford Avenue, thanked Councilman Chapman for his work on this project.  He was glad that enough signatures were received and he hoped the project would start soon.

        Ed Stoodley, 398 Fillmore Avenue, is against the project because in his area there are many retired people who cannot handle the cost of this project.  He hoped something could be done for these residents.  

        Brian Plath, 209 Stanford Avenue, thanked Councilman Chapman for his work and he is glad the Town is going forward with the project.  The area is wet and some properties cannot rebuild their septic.

        Marlene Prusky, 350 Standford Avenue, thanked Councilman Chapman.  She asked if the Town could look into helping residents on fixed incomes who cannot afford the project.  Town Attorney Erickson stated that there are no devices available to the Town to assist these residents.  The Town does offer discounts on tax liability to low income and disabled residents.  
        Public Hearing No. 2 – Considers an application for a Community Development Grant.      
        This grant is to fund equipment (specifically cranes) for a new boiler manufacturer who is locating in Niskayuna.  The Town will be working with Metroplex who will management this grant.
        When no members of the public wished to be heard, the Supervisor closed the public hearing.

        The minutes of the meeting of April 1 were approved by the Board.

        Craig Prusky, 350 Standford Avenue, asked when the Sewer Extension might be started.   Fall will be the earliest that the project will start because of approvals needed and bids required.

        Mike Bianke, asked the status of hearing on the Sewer Extension.


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

        Resolution 2003-95 accepts a utility easement for United Cerebral Palsy Association of the Capital District, Inc.  for property located at 2120 Van Antwerp Road.

Resolution 2003-96 accepts bids for the construction of a sludge dehydration facility at the Wastewater Treatment Plant of Sewer District No. 6 for a Dehydration System from Fenton Environmental Technologies, Inc. at a cost of $476,917; Building Structure from Morton Buildings, Inc. at a cost of $130,447, and Electrical Work from Gomez Electrical Contractors, Inc. at a cost of $27,149.  

Resolution 2003-97 authorizes the purchase and installation of a Cutler Hammer 40HP 480V 3 Phase VFD at Well N. 8 by Tri-Tech, Inc. at a cost not to exceed $4,510.

Resolution 2003-98 authorizes the Superintendent of Highways to rent two 12” brush chippers from United Rentals, Inc. at a cost not to exceed $2,900 each, and one brush chipper from Robert Finke & Sons at a monthly rate of $2,100.

Resolution 2003-99 authorizes Frank E. Gavin to attend the 2003 Highway School on June 2-4 at a cost of $475.

        Resolution 2003-100 authorizes the purchase of grass seed and fertilizer to be used in the Highway Department from Northern Nurseries and Merritt Seed Company.

        Resolution 2003-101 retains the serves of Turf Partners to apply weed control and fertilize the Town Soccer Park, Driving Range, and Town Hall in May and June at a cost not to exceed $9,000.

        Resolution 2003-102 authorizes retaining the services of Kroder Landscape & Tree Service to grind tree stumps recently removed from the Town’s right of way and remove wood chips at a cost not to exceed $1,600.

        Resolution 2003-103 authorizes the grinding and disposal of yard waste by William Biers at a cost of $2.50 per cubic yard for grinding and $4.00 cubic yard for disposal at a cost not to exceed $5,000.  William Bier will pay the Town $1.00 per cubic yard for any screened material purchased by their organization.

        Resolution 2003-104 authorizes the purchase of screened compost from Thomas Loehr Excavating at a cost of $10 per cubic yard, not to exceed $5,000 for use in the Town’s park areas, and that should Thomas Loehr Excavating Services choose to purchase unscreened compost from the Town, a deduction of $0.50 per cubic yard will be issued to the Town.

        Resolution 2003-105 authorizes the sale, through public auction, of the used vehicles and equipment no longer needed by the Town, said vehicles to be sold on consignment through Alex Lyon & Son.

        Resolution 2003-106 appoints Theresa Cirscone to the position of Civilian Police Dispatcher effective April 21,2003 on a permanent basis with compensation of $23,290.

        Resolution 2003-107 approves Local Law No. 4 that amends the Zoning Ordinance regarding the installation of Ramps for residents with physical disabilities.

        Resolution 2003-108 approves Local Law No. 5 and amends the Zoning Map regarding Professional Offices in the R-2 zone.

        At this time the Supervisor requested that the Board go into Executive Session to discuss contract negotiations.

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

                                        Helen Kopke, Town Clerk


One Niskayuna Circle, Niskayuna, NY 12309
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