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Town Board Minutes 12/7/2004
AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 7TH DAY OF DECEMBER, 2004 AT THE NISKAYUNA TOWN OFFICE BUILDING, ONE NISKAYUNA CIRCLE, NISKAYUNA, NEW YORK, THE FOLLOWING MEMBERS WERE PRESENT;

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

        Others present:  Helen Kopke, Town Clerk; Eric Dickson, Town Attorney; Lew Moskewitz; Richard Pollock, Superintendent of Water & Sewer; Frank Gavin, Superintendent of Highways; and Paul Sebesta, Comptroller.

        Public Hearing No. 1 – Regarding establishment of Drainage District No. 23 for Antonia Park.  
        When no members of the public wished to be heard, the Supervisor closed this public hearing.

        Public Hearing No. 2 – amends a Local Law requiring prior written notice of defects on Town property.
        Attorney Dickson explained that in the past, notice had be given to the Superintendent of Highways in order for the Town to be liable for defects.  Upon review of the law, it was found to be too broad in terms of what it covers.  This is a revision to comply with the State of the law as the court has interpreted it recently but the revision is not considered a substantive change.
When no members of the public wished to be heard, the Supervisor closed this public hearing.

TOWN CLERK’S BUSINESS
        The minutes of the meetings of October 19 and November 16 were approved upon a correction in the October 19 minutes.

PRIVILEGE OF THE FLOOR
        Carol Andrews, 1200 Hillside Avenue, Unit 905, at Village Meadows Condo Copmplex and President of the Homeowners Association asked the Board to look into concerns of the residents of the complex concerning electrical work and the inspection of this work.   Ms. Andrews stated the complex consists of 72 units in nine buildings on Hillside Avenue.  The first building was completed in 1990 and the last two in 2002.  The initial contractor was C & L Builders and the last was Pigliavento Brothers.  Because they have had numerous problems with the external lighting, they hired a licensed electrical engineer to review fixtures.  They were appalled to receive the report that showed that every building in the complex has an electrical code violation, many with more than one.  The violations pose problems to both persons and property and endanger the owners and workmen who visit the site.
        They know that the contractor for buildings 100 through 400 can be found and required to make the necessary correction so have hired an engineer to do the repairs.  The contractor for buildings 500-900 agreed to do the corrections when informed of the findings and assigned the original electrician to do the repairs if any violations existed.  Since this electrician is responsible for any violations, they cannot assume that adequate repairs will be done.  They will have the work spot checked by their own electrician because they can’t risk further hazards
        They are also concerned about the quality of work performed by the underwriter who was supposed to do these inspections.  It is obvious that there is something wrong with the inspection process if so many violations can occur when two different builders are involved over a period of years. She wondered if the underwriter is the same now as in 1990 and 1996.  She asked to have the Town’s files searched to learn what underwriters were used in each phase of construction.  
        They are concerned about further code violations such as frozen pipes in the new buildings (perhaps caused by pipes not buried as deep as they should have been).  Power lines to the garage doors were severed by underground rocks.  There are questions about the code requirements concerning buried pipes and wires, how deeply they must be buried, and what type of material, if any, is to be put around them.  They wish this information to force the builder to make the required corrections.  
        They asked the Board to keep them informed as to what information is found and what action is being taken. They distributed photos of some of the violations found by the engineer.  They understood that the builder hires the underwriter to do inspections and not the Town.  They have had one building lose power because an underground cable broke, another cable broke (less than two years old) to the garages and cars could not get out of the garage.  The management company has used the same electrician who had the code violations do the repairs.  Repeated repairs have needed to be made with reoccurring problems.  This circumstance led to the group hiring their own electrical engineer inspect the property.  Supervisor Smith stated that the Town would respond to this request and be back to the resident within a week.  

        Mary Wilson, Village Meadows Condo, stated that they hired a master electrician who would prefer not to be named at this time because he performed this work outside of his normal electrical job..  Every one of the original four buildings had wiring in conduit but above ground and not buried.  There were wires between two light poles just resting on top of the ground.  Landscapers hit a live wire this summer.  Ms. Wilson detailed some of the problems they had encountered since the inception of the condos.  She wondered how an underwriter could issue a certificate saying that the codes were met if the wires were above ground rather than buried.  

        Mike Ambrosino, 63 Lori Drive, asked the Board for support against the connector road from Lori Drive to Lishakill Road.  

SPECIAL DISTRICTS
        The following resolutions were approved with a vote of five ayes unless otherwise indicated.

        Resolution 2004-322 approves the establishment of Drainage District No. 21 for Woodbridge Estates.

        Resolution 2004-323 authorizes the Supervisor to enter into an agreement with Laberge Engineering & Consulting Company to perform the necessary engineering services outlined in a contract letter of November 30, 2004 for the replacement of approximately 5,500 linear feet of water main in the southeast portion of the Town for a cost of $54,000.

        Resolution 2004-324 appoints Kevin M. Hart, 1079 Laura Street, Schenectady, to the position of Water & Sewer Maintenance Worker in the Water & Sewer Department effective December 20, 2004.

GENERAL RESOLUTIONS
        Resolution 2004-325 adopts the revisions to the Employees Handbook for all employees not covered by an existing collective bargaining agreement, effective immediately.  A motion was made by Councilman Chapman to change the effective date of the Handbook.  There was no second to the motion.  The resolution was approved with a vote of four ayes, with Councilman Chapman voting no.

        Resolution 2004-326 authorizes the purchase of a folder/sealer for payroll/payables from Formax AutoSeal for processing one-piece pressure sensitive mailers from Munis, at a total cost not to exceed $4,495.

        Resolution 2004-327 accepts the bid from The ODB Company, for the purchase of a new 2005 trailer mounted vacuum leaf collector, less trade-in, for a total cost of $17,683; and accepts the bid from Artco Equipment Sales for the purchase of a new 4-ton trailer mounted reclaimer for a total cost of $22,933.

        Resolution 2004-328 appoints Adam Colvin, 1338 Myron Street, to the position of Civilian Police Dispatcher, effective December 23, 2004 on a provisional basis at a rate of $23,989.

        Resolution 2004-329 appoints Parbatti Bumbach, 1 Breanna Drive, to the position of Information Processing Specialist I in the Police Department effective December 20, 2004, at a Grade 8, and at a salary of $23,989.

        Resolution 2004-330 calls for a public hearing December 21, 2004 at 7 p.m. to consider amendment of the Vehicle & Traffic Code to provide for a Stop sign on Hawthorn Road at Lynwood Drive.

        At this time, with unanimous vote of the Town Board, the Supervisor called for an Executive Session to discuss a particular employees employment history.

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

                                        Helen F. Kopke, Town Clerk
        


 
One Niskayuna Circle, Niskayuna, NY 12309
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