Skip Navigation
Home
 
 
Town Links
residents
 
This table is used for column layout.
 



Niskayuna Town Seal Logo
Healthy Choices for Families

 
Town Board Minutes 7/27/2010
AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF NISKAYUNA DULY CALLED AND HELD ON THE 27TH DAY OF JULY, 2010 AT THE NISKAYUNA OFFICE BUILDING, ONE NISKAYUNA CIRCLE, THE FOLLOWING MEMBERS WERE PRESENT:

Jonathan McKinney, Councilman
Denise Murphy McGraw, Councilwoman
Liz Orzel Kasper, Councilwoman
Julie McDonnell, Councilwoman
Joe Landry, Supervisor
        
        Also present:  Helen Kopke, Town Clerk; Peter Scagnelli, Town Attorney; John Lubrant, Chief of Police; Kathy Matern, Town Planner; Matthew Miller, Deputy Town Attorney; Matthew Yetto, Jr. Engineer; Paul Sebesta, Comptroller and Amy Houlihan, Assessor.

TOWN CLERK’S BUSINESS
        The minutes of the meeting of June 29, 2010 were approved as presented.

PUBLIC HEARINGS
        Public Hearing No. 1 – considers adding a chapter to the Town Code regarding the sale of frozen desserts by vendors.
        
XXXXX Mohegan Road, is opposed to the proposal because it discriminates against people without central air conditioning because noise from the ice cream truck cannot be shut out; it taunts people who are struggling with diabetes and weight control issues; it is bad public health policy and promotes sugar consumption and we have all the ice cream we need in retail stores.  It is the only form of advertising that we cannot turn off.  
He suggested we build a sense of community by inviting our neighbors to our homes like he does rather than using an ice cream truck.

        XXXX, Rosehill Boulevard, spoke in favor of bringing back the ice cream man in Niskayuna.  The kids in Town will have the responsibility to behave safely around the trucks and work with adults to assure everyone is safe.  Ice cream is a cool refreshing treat and kids in Town have waited long enough to enjoy the same simple pleasure that kids in almost every other town in the area take for granted.  She hoped the Board would vote in favor of this.

        XXXX Webster Drive, commended the children of using the democratic process for getting their needs met.  Hopefully, regardless of tonight’s vote, they will continue to use that process and see the value.  
She is strongly against having the ice cream man coming through her neighborhood.  There are many safety concerns with young children who do not have a complete understanding of how long it takes a car to stop.  Even with State laws some drivers pass school buses.  
Our nation has a concern about obesity and the high rise in diabetes in young children and teenagers. Young children are playing more in the streets and don’t have the concepts needed.  
Our community has children who are dealing with very serious metabolic diseases, other health concerns and development physical delays who already deal with enormous challenges. Do we need to add one more challenge?  Parents should take care of this sweet treat in the home.  She has not heard a good cogent reason why we need a Mr. Ding-a-Ling selling sugar and fat.  We are a fortunate community and we already have many health and safety hazards.  This is at least one less our community has and she would like to keep it that way.

XXXX, 1432 Fox Hollow Road, congratulated the kids who did a great job about something they care about.  She has fond memories of the ice cream man when she was a kid but she has some concerns now.  She knows when the ice cream man comes they need to be flagged down and her 8-year old son would run after the truck and she doesn’t think if he heard the bell he would look before running into the street.  We teach our kids not to talk to strangers; we don’t want our kids to go up to a truck where they don’t know the driver.  In her old Latham neighborhood the truck came a couple of times each day all summer and it was annoying.
We have ice cream at the Town pool, at Stewarts, at Friendly’s; it is everywhere.  It should be a once-in-a-while treat, not something she has to say no to every night.  If this is approved, she asked the Board to limit it a couple of days per week or specific hours so it is not all day every day.  

XXXX Balltown Road, is in favor of the ice cream truck.  She grew up in Schenectady where they allow ice cream trucks.  It was a great lesson for her as a child because it was something she had to work for.  As a future teacher she felt video games, the internet, and TV watching pose a much greater risk of increasing childhood obesity than the daily ice cream truck.  She sees kids who would rather spend eight hours playing a video game as opposed to outside play.  This is a lifestyle choice that the parents need to help them make to stay active and combat obesity.  When she thinks of summer, she thinks of ice cream.  She doesn’t think we should deprive children who might live near Schenectady who hear the truck and ask their parents why it isn’t coming by their house in Niskayuna.  She gave the Board a petition signed by 40 others in favor.

XXXX Philamenia, agrees with the comments about obesity and safety.  She commended the children for bringing their issues to the Board but she doesn’t want to hear ice cream trucks.

XXXX Sweetbrier Road, said that two weeks ago Mr. Ding-a-Ling drove into Rosendale Estates against the ordinance and spent one hour cruising around.  Petitions started after this event.  If this is allowed he asked the Board to consider doing something about the sound.  

XXXX Mountainview Avenue, started a petition to bring back ice cream trucks and thinks it is a great idea.  She doesn’t understand why ice cream trucks were banned when Mr. Ding-a-Ling can’t control what cars do in the road.  The traffic is not that big a deal.  It is like buses and mail trucks who stop but they are not banned.  They also take up time and make people late for things.  This is a great idea because kids love ice cream and everybody likes a nice summer treat every once in a while.  

XXXX Fox Hollow Road, stated it bothers him that he thinks this is a “done deal” because of all the press in attendance.  He brought up the federal governments focus on childhood obesity and the problems it brings.  Not everybody has money to spend on ice cream and felt the Board would be obligated to buy ice cream.  He noted numerous unintended consequences to having ice cream trucks in town and suggested the Board take full responsibility for any consequences for this legislation.
He was informed that any vendor would have to apply who wishes a permit.

XXXX – I think we should bring back ice cream trucks because it would be fun for all kids.  It could start kids playing outside more.  She asked if the music from the trucks could be on only ten minutes on a lower volume so it’s not annoying.

XXXX Barcelona Road, is in favor of the ice cream trucks.  Many people are opposed because of childhood obesity and safety issues and she thinks these issues are handled by parenting.  Good parents teach their children safety, about obesity, and that the ice cream truck may come five days per week but we are only allowed to have ice cream one day. Whether it is in the freezer or from the truck, if you have set guidelines for your children that dessert is a treat, it is not an everyday occurrence or something we will buy every day.  There are teachable moments with the ice cream truck about safety, nutrition, sharing, saving and making change.  These are all positive experiences.  Adults remember our ice cream trucks when we were kids.  A lot of the concerns about good parenting can be addressed in the home.  

XXXX Hedgewood Lane, would like to continue the tradition of having an ice cream truck.         Her dad chased the truck and thinks it would be a good pleasure to have the ice cream truck back a couple of times per week.

        XXXX Keyes Avenue, would like to bring back ice cream trucks because he hears the trucks in Schenectady but they are not allowed in Niskayuna.

        XXXX Barcelona Road, is definitely in favor of bringing back the ice cream trucks.  It teaches all the lessons that her mom explained.

        XXXX Maxwell Drive, feels we have to develop a system of life of getting back into the community which we have lost.  The ice cream truck can get us back into neighbors connecting with neighbors and meeting outside once per day.  His area has a child’s parade for Halloween and it is a nice thing to build moral in the neighborhood.  We don’t want the sale of ice cream on Troy Road.

        XXXX Barton Place, objects to the reinstitution of ice cream trucks because she is not so sure that parenting is as strong as some people allude to.  She doesn’t like the noise and wants her peace and quiet.  She commends Alex and her friends for their show of civic responsibility.

        XXXX Pawtucket Avenue, opposed the ban in the first place.  She has fond memories of ice cream trucks and there are good lessons to be learned about affordability, making alternate decisions, and waiting in line for your turn. She agrees the noise has to be kept down, safety concerns are important and trying it for one month makes a lot of sense.  She was disappointed that a presentation was not made of the products to be sold and hoped some would be low fat or low carb.  This is an experiment worth trying.

        XXXX Keyes Avenue, likes the idea of an ice cream truck.  It’s a great thing for kids and provides parents with an opportunity to teach decision making.  
        
XXXX Agostino Avenue, at first was a proponent of this idea but she doesn’t want it down her block.  She asked the Board if they could regulate where it goes if the block decides they choose not to have it, limit the hours or schedule different areas different days of the week.  

        XXXX Van Antwerp Road, as a registered nurse and has seen children who have been hit by cars.  Will this be another burden for our Police Department who are probably already burdened?  Have we asked other municipalities if their Police Department gets a lot of calls?  The truck isn’t the problem, it’s the people who speed through our roads that are the problem.  The speed limits on our roads are abused more than ever and she asked the Board to use their judgment.  

        XXXX Mountainview Avenue, is in favor of the ice cream trucks.  Kids with food allergies know what they can and can’t have and the family and friends know how to read ingredients.  She feels it is under control.

        XXXX, noticed all the signs on the ice cream truck about safety for children and people know they need to look both ways before they cross the street.  We haven’t given the trucks a try in 30 years and we don’t know if they will be good or bad and giving them a trial is a good idea.

        XXXX Stanley Lane, grew up in Duanesburg where there was no ice cream truck, no community, and no sense of neighbors because they lived one mile away.  Ice cream trucks are beneficial to our area to give us a sense of community.  We can visit with our neighbors, talk to kids, kids get to know their neighbors and it can create a sense of security with knowing their neighbors.  We have to teach our children about making choices and it is a parenting issue.  We can’t keep kids safe all the time we can’t keep them in bubble wrap.  This is how children learn.  She would love to see this in her neighborhood.

        XXXX Viewmont Drive, is a member of the School Board but is speaking as a private citizen.  The Board has not discussed if there are any issues that they should discuss. She noticed an editorial by a Town Board member that indicated that the vendors should “pick some areas in neighborhoods to sell…..parks and schools within walking distances to most neighborhoods.”  
         She questioned whether or not the Town would be encouraging vendors to park at schools and was informed that permits will be issued for Town roads and would not be encouraging vendors to park at schools.  She was concerned that the schools would be responsible for children congregated around the ice cream trucks located at a school.  
        Schools are required to have wellness policies that dealt with food that is made available to children. Some parents wanted their children to have their sweets in school rather than having to have treats at home.  She hoped that part of the support for this isn’t so that parents can keep these treats out of the house.  She referred the Board to the Transportation Director who could discuss safety with the Town Board.  She is concerned that this is setting something in place where we are inviting children to go into the street where there are vehicles.  The trucks have a lot of safety features, but there is no law that cars can’t pass these trucks.  

        XXXX is in favor as it can help teach children about safety.

        XXXX, stated its more fun getting ice cream from a truck that comes to your street instead of getting it from the store.  Young children can be taught safety lessons about crossing the street.  

        XXXX Barrington Court, asked the Board to use common sense as this is only an ice cream truck for a month long trial period.

        XXXX Mountainview Avenue, started that when her eight year old Alex started this process she tried to talk her out of it because of the negative feedback she would hear.  This has become more about the democratic process rather than whether or not the ice cream trucks come back.  She works in healthcare and sees first hand the effects of obesity.  Kids are not getting obese from getting a treat from the ice cream truck occasionally.  There are a lot of reasons for the epidemic.  It is the perfect form of portion control because you buy one rather than having a quart in the freezer.  

        XXXX, is in big favor of the ice cream trucks.

        XXXX Riverhill Boulevard, would love the ice cream truck to come around her neighborhood.

        XXXX Baker Avenue East, is in favor of ice cream trucks to try again.  He asked for a presentation from the vendor to give us statistics about safety, their schedule driving throughout Town, how much music do they have to play, do they have fat free or sugar free ice cream, and do they have yogurt.

        Brian Collis, owner of the Ding-a-Ling trucks, wanted to hear comments before he spoke.  They have 53 items including sugar-free ice cream, Italian ice, and yogurt bars.  Stewart’s sells ice cream and he wondered if the Town was going to favor one vendor over another.  He asked for a 30-day trial since it is hard to say before hand what is going to happen.  They have been operating over 30 years in Bethlehem, Colonie, Delmar and Guilderland.  These towns don’t complain about the music.  
        He showed slides of some of the safety features of the vehicles.  They have 67 trucks across the state and belong to the Ice Cream Vendors Association which provides safety signs, training videos for drivers, and background checks on all drivers including a state comprehensive criminal background check and sex registry.  They provide summer jobs from May through Labor Day.  Drivers must be 18 years old, and there is no special license.  The insurance company reviews their driving extract.  The only accident they have had was in 1987.  They have had no accidents in Colonie since 1977.  Some employees have been drivers for 10-15 years.  Other vendors, such as Mr. Softee (an independent vendor) could also apply for a permit.  He anticipates using only one truck in Niskayuna.  The hours of operation can be from noon to 7:30 p.m.
        Dave, their driver, has been driving for four years and has covered 60,000 miles.  There are allergy warnings on all the ice cream for peanuts and he knows which products to avoid for peanut allergies.  They have their four-way lights on all the time they are vending and use a safety arm to slow down cars.  They do not sell on major roads and would only sell on secondary roads.  He plans a route alternating neighborhoods so it is unlikely residents will see the truck at their home every day. He doesn’t have time to go through a neighborhood more than one time per day.  He only turns off the music when he stops in areas where it is required or if he is requested to do so and he usually he turns it down.  He has 32 choices of music.  
  
        XXXX, is in favor of the ice cream trucks.  It has to be priced good and it should be good quality.  He doesn’t want to pay a lot for “crappy” ice cream.

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

        Public Hearing No. 2 considers the addition of a new chapter to the Town Code regarding outdoor furnaces and outdoor wood-burning boilers.
        When no members of the public wished to be heard, Supervisor Landry closed the public hearing.

        Public Hearing No 3 considers an application for a Special Use Permit to allow for the construction of a convenience store/gas station at 3159 Troy-Schenectady Road.
        Dominic Dericco, representative of Drake Petroleum, described the 2,900 SF Extra Mart Convenience Store located on the northwest corner of Route 7 and Rosendale Road. They are proposing to reconfigure the entire Getty Station which is abandoned.  Everything existing will be removed and replaced. They are removing most of the pavement, will increase the paved area by 5% and are increasing green space. They are providing storm water management, and have formed a sewer district.  
        
XXXX Mohegan Road, thinks this is a great idea since the lot has been empty for a long time.  The Town should be sure that they are using double sided underground storage tanks.  It would be nice if cut off lighting was used to help preserve dark skies.  It was reported that all of the tanks have been removed from the site and the new tanks will be double wall fiberglass and are in conformance with DEC standards.  All lights are down lights.
There being no other members of the public who wished to be heard, Supervisor Landry closed the Public Hearing.

Public Hearing No. 4 considers amending the Zoning Ordinance regarding portable storage units and temporary bulk waste containers.
XXXX Pawtucket Avenue, is in favor since poorly placed containers can destroy line of sight.  The most valuable part of the ordinance is that the Building Department has to approve locations.
When no other members of the public wished to be heard, Supervisor Landry closed the Public Hearing.

PRIVILEGE OF THE FLOOR
        XXXX, Parkville Place, appeared representing the senior citizens of Niskayuna.  They have heard that the Town was gifted money by an anonymous donor and she asked what was being done with these funds.  The 2003 bus is in bad shape and has 80,000 miles on it.  If we were gifted $9,500 and we got $7,000 or $8,000 on our trade-in bus she asked what would it take for the seniors to get a new 20 seat van and volunteered to do anything the Board needs to get it.  
The van has been a life line for many seniors. They are doing fun trips plus picking up seniors for doctor and dental appointments, physical therapists, and grocery shopping. She has made new friends and has gone to new places. If we got a new van she wants it dedicated to the seniors, not the community as a whole.  The current bus is like a tank to ride.
Edie and Sue, who work for the senior program, are hard working, caring, loving people.  The Senior Center is occupied and active almost every day of the week.  
Supervisor Landry noted that the Town has approved a resolution to accept the funds but we haven’t received any money.  At the time the 2003 van cost $50,000 or $60,000 and the estimate for a new van is $80,000 or $90,000.  The Town has not received any formal estimates.  Bus prices are on state contract and he will get an estimate.
Mrs. Bleckenger asked if it would help to get a petition signed.  Supervisor Landry suggested she start with staff at the Senior Center to make this a priority in their upcoming budget requests.  
Councilwoman McGraw thanked Mrs. Bleckenger for talking to the Board about the importance of the bus, and for her remarks about all that goes on at the Senior Center.  

XXXX, Fox Hollow, stated that a lot of the seniors do not drive so the bus is very important to them to take them to doctor’s appointments.  They pay each time they use the bus no matter where they go.  When she could not drive for eight weeks the bus took her to physical therapy and she couldn’t have done it without this help as she had no other means of transportation.  She can’t go to Proctors because it is too far for her to walk but the busses have special parking places.  Their current bus is rusty and is not in good shape.  We spend a lot on recreation and the seniors have never asked for anything and we will probably never get $9,500 again to put towards a bus.  She hopes the Board will do this for the seniors.

XXXX Troy Road (representing the Friends of the Stanford Home) is totally against moving the Stanford Home.  Even though the Planning Board voted unanimously they didn’t discuss the options that they had under SEQR.  The group felt because there were major changes in the map and moving the building was a new part of the proposal, it should be reviewed again.  
She made a formal request that the Town Board engage in this because of the changes and they have a responsibility as well as the Planning Board to give their input.  
It was the Town Board that voted on the Special Use Permit based on the original plan.  There are people that disagree with the decision and she will be submitting a formal request to the Town Board to go through the process of a Special Use Permit.  They are also having a petition signed (which she left with the Town Board) which indicates people’s feelings about the site and how important it is to them to keep from building on this site.     
When no other members of the public wished to be heard, Supervisor Landry closed Privilege of the Floor.  

COMMITTEE REPORTS
Economic Development/Seniors:  Councilman McKinney reported that the Planning Board has approved that the Stanford Home be moved by Wolfe Building Movers (who have been featured on The Learning Channel).  Their web site (www.wolfehousebuildingmovers.com) shows how this is accomplished.  They are confident they will be able to move the house.  CVS can now move forward and are looking to start their expansion near the end of August.  

Transportation & Public Facilities:  Councilwoman McGraw reported that residents will soon receive a post card from either Troupe Water Service or East National Water Meter Service about scheduling the installation of new water meters.    Residents will no longer have to read their meters and the new system will result in a new bill which is much easier for everyone.  
The Highway Department is very busy paving seven miles of roads including Ray Street and preparing the next section of the bike path with new fencing.

Education, Parks & Recreation:  Councilwoman McDonnell reported that they are busy with summer camp and helping community groups with their fields.  She invited all to their Thursday August 5th meeting.  Their meetings are scheduled the first Thursday of the month at Town Hall.

Public Safety:  Councilwoman Kasper reported that the committee has proposed purchasing another vehicle tonight; they are still searching for a dispatcher; are accepting part of a grant; and bikes are out on the streets.  Their next meeting is at 9:30 a.m. August 13th and all are invited.

RESOLUTIONS
Resolution 2010-171 enacts Local Law No. 7 to amend the Town Code to add a chapter regarding the sale of frozen desserts by vendors.  The resolution was approved with a vote of three ayes (Councilwoman Kasper and Councilman McKinney voting no)
Councilwoman Kasper was informed by Supervisor Landry that we are setting up two different types of solicitor licenses.  Regular vendors are charged  $250 for the year and this temporary license for frozen desserts will be for one month and cost $100. It differentiates between regular vendors and vendors selling only desserts.  
We would like the driver to be responsible for liter as a result of the sale of his product.   Town Attorney Scagnelli noted that it will be a closely monitored trial run.  He hoped that the vendor would be on his best behavior.  Residents who complaint will be responded to regarding liter.  Drivers receive training via a training video, someone rides with new drivers for a training period and they are evaluated by the company.  
Councilwoman Kasper wanted the drivers to be provided with a map showing them state and county roads.
        Councilwoman McDonnell stated that as one of the sponsors of this legislation she congratulated the kids, especially Alex Burgess, who asked how to present a petition to the Town Board.  She got a lot of people interested and got a lot of people to Town Hall.  It’s wonderful to see so many interested residents at Town Hall no matter which side of the issue.  
She has concerns for safety as a mom of young children and is concerned about childhood obesity.  She believes that ice cream from the truck is not the culprit in the obesity epidemic.  Many of the kids here tonight are involved in multiple sports and very actively active and this issue is not as much of a concern to her as the safety issue.  
She thinks the main thing to stress tonight is that this is a trial period.  One of the main reasons this Board wanted to do a trial period was to give the community further opportunity to evaluate whether the vendor was doing what he is supposed to do and complying with time constraints.  Are the times appropriate or should we set further restrictions.  We will have one month to look at the situation and our Police will look closely and we will hear from the public.  She is certain that the public is aware of this and they want the public’s feedback which will factor into moving forward.  For this to continue they need the kids to spread the word to be safe and not run after the trucks.  We want to hear about noise, safety and what they are seeing.  She is hoping that we will hear quite a bit back and hopes it is a positive experience.
        Councilwoman McGraw has been involved in launching a national anti- obesity program called Kids in the Kitchen and has served on the board of Junior League International where their mission has been civic leadership.  She congratulated the kids for showing civic leadership in action.  
She takes everything she has heard tonight very seriously.  She has received dozens of calls and emails and she knows people feel very passionately about this.  Ice cream men are already coming in this town who are not registering in Town and don’t seem to have the safety features we have seen tonight.  She wants to make sure they are registered.  She wants to keep the issue as safe as possible and work with reputable vendors. This is a trial and we will see what happens.
        Councilmen McKinney wrote an Op Ed letter in the Sunday paper and the public knows his concerns.  Thursday night a neighbor sent him a picture of Mr. Ding-a-Ling on Van Antwerp Road between Plum and Union Street which is not a street to stop on, so the judgment of the driver is in question.  It was spotted past the 7:30 p.m. curfew; had no safety lights turned on; the music was still playing, and the stop sign was not displayed.  This was his worse nightmare since we hadn’t even started the trial.  
He personally can’t support this until we put some more safety features in place.  To have a trial for a month testing our children as part of the trial is unacceptable to him.  
        Councilwoman Kasper remembers when the child got hit and remembers ice cream trucks on Palmer Avenue.  At that time the street was safer.  Most days now it is one way traffic.  The Police Committee constantly gets petitions from neighborhoods that want stop signs because cars are speeding.  
There was so much publicity for this she got lots of comments.  People need to get excited about the important things such as the new water meters.  She enjoyed hearing from the kids and all the work they have done.  She knows that even with the hardest work and doing the best we can kids are sometimes disappointed and she will have to vote no.  She doesn’t think it is safe.  With all the safety stuff in schools, kids are more distracted than they ever were.  3 kids have been hit on Cornelius by parents driving their kids to school.  We need to create community in other ways.  Also, this is one person getting a permit and it could end up to be two or three.  People want peace.

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

        Resolution 2010-167 certifies the current base proportions to be used as class tax share for municipal and school district levies.

        Resolution 2010-168 certifies the adjusted base proportions to be used as class tax shares for municipal and school district levies.

        Resolution 2010-169 accepts title to approximately two acres of land from the County of Schenectady.

        Resolution 2010-170 authorizes the payment for professional services related to the serial bond issuance.

        Resolution 2010-171 enacts Local Law No. 7 to amend the Town Code to add a chapter regarding the sale of frozen desserts by vendors.
        The resolution was approved with a vote of three ayes (Councilman McKinney and Councilwoman Kasper voting no).
        Councilwoman Kasper was informed by Supervisor Landry that we are proposing to set up two different types of licenses.  Regular vendors pay $250 per year, frozen dessert vendors pay $25 plus $75 for a one month license.  The proposal differentiates between regular vendors and vendors selling only desserts.  
The Town would like the vendor to be responsible for liter as a result of the sale of his product.  Peter Scagnelli, Town Attorney, added that this will be a closely monitored trial run.  He hoped that the vendor would be on his best behavior.  Residents who complain will be responded to regarding liter.
Regarding training of drivers, Supervisor Landry noted that they do drivers are trained via a training video and someone rides with new drivers for a period of time and they are evaluated by the company.  Councilwoman Kasper asked that the Town Clerk provide the vendor with a map of the Town so they know what are State, County, and Town roads.
Councilwoman McDonnell, as one of the sponsors of this proposal, congratulated the kids, especially Alex Burgess, who asked how to present a petition to the Town Board.  She got a lot of people interested and got a lot of people to Town Hall.  It’s wonderful to see so many interested residents at
Town Hall no matter which side of the issue.
We have heard a lot tonight and she has concerns for safety as a mom of young children.  She is concerned about childhood obesity and believes about the issues of parenting and decision making, ice cream from a truck is not the culprit in the obesity epidemic. Many of the kids here tonight are actively involved in multiple sports and this issue is not as much of a concern to her as the safety issue.  
The main thing to stress tonight is that this is a trial period.  The Board wanted to do a trial period to give the community further opportunity to evaluate the vendor.  Are the times appropriate for should we set further restrictions?  We will have one month to look at the situation and our Police will look closely and we will hear from residents.  She is certain that the public is aware of this and they want the public’s feedback which will factor into moving forward.  The need the kids to spread the word to be safe and not run after the trucks for this to continue.  We want to hear about noise, safety, and what they are seeing.  The Board understands the safety concerns and every member of the Board have talked about it.  She is hoping that we will hear quite a bit back and hopes it is a positive experience.
Councilwoman McGraw has been involved in launching a national anti-obesity program called Kids in the Kitchen and served on the Board of the Junior League International where their mission has been civic leadership.  She takes everything she has heard tonight very seriously.  She has received dozens of calls and emails and she knows people feel very passionately about this.  Ice cream trucks are already coming into the Town who are not licensed and don’t seem to have the safety features we have seen tonight.  She wants to make sure they are licensed and wants to keep the issue as safe as possible and work with reputable vendors.  She congratulated the kids showing civic leadership in action.  This is a trial and we will see what happens.  
        Councilman McKinney wrote an Op Ed letter in the Sunday paper and the public knows his concerns.  On Thursday night a neighbor sent him a picture of Mr. Ding-a-Ling on VanAntwerp Road between Plum and Union Street which is not a street to stop on, so the judgment of the driver is in question.  It was spotted at 8:15 p.m. (past the 7:30 p.m. curfew) and had no safety signs turned on at the time and the music was playing.  This was his worst nightmare and we hadn’t even started the trial.  
        He personally can’t support this until we put some more safety features in place.  To have a trial for a month testing our children as part of the trial is unacceptable to him.
        Councilwoman Kasper remembers when the child got hit and remembers ice cream trucks on Palmer Avenue.  At that time the street was safer.  Most days now it is one-way traffic.  The Police Committee constantly gets petitions from neighborhoods that want stop signs because of speeding.  People need to get excited about the important things such as the new water meters.  
She enjoyed hearing from the kids and all the work they have done but she will have to vote no.  She doesn’t think it is safe.  Kids are more distracted than they ever were and there is more going on.  Three kids have been hit on Cornelius by parents driving their kids to school. We need to create community in other ways.  This is one person getting a permit but it could be two or three and people want peace.

Resolution 2010-172 authorizes the purchase of a control system for the existing chiller and pumps. From Eastern Heating & Cooling at a total cost not to exceed $8,450.

Resolution 2010-173 authorizes the advertising for bids for the purchase of chemicals for use by the Water & Sewer Department.

Resolution 2010-174 authorizes Sewer Extension No. 119 for Sewer District No. 6 requested by Drake Petroleum Company and Leemilts Petroleum, Inc. for 3159 Troy Road.

Resolution 2010-175 authorizes the execution of an Outside User Sewer agreement for Jerald A. Krug, Consaul Road.

Resolution 2010-176 authorizes Richard Pollock, Superintendent of Water & Sewer to attend the American Public Works Conference from August 15 to August 18 at a cost not to exceed $1,400.

Resolution 2010-177 - Tabled

Resolution 2010-178 authorizes the purchase of one new Police vehicle for use by the Police Department from Hoselton Chevrolet at a total cost not to exceed $29,000.

Resolution 2010-179 authorizes the Town Comptroller to make transfers of funds in the 2010 Budget of the Town.

Resolution 2010-180 authorizes the reimbursement of educational expenditures incurred by Ptl. Bethany Vena at an amount of $605.

Resolution 2010-181 authorizes the Supervisor to enter into an agreement with the City of Albany for electronic access to and use of the Albany Police Departments Computer System for law enforcement purposes.

Resolution 2010-182 accepts a public utility easement from Barbara Wood, 901 Vrooman Avenue, in order to improve the delivery of water and sewer services in this area.

Resolution 2010-183 appoints Robert Bean to the position of Van Driver/Program Aide with the Senior Center, on a substitute basis, at an hourly salary of $12.2400.

Resolution 2010-184 proclaims August 1 to August 7 as Clown Week in the Town.

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

                                        Helen F. Kopke, Town Clerk



        


 

        


        
        

        

        

        

        


 
One Niskayuna Circle, Niskayuna, NY 12309
Phone: (518) 386-4500 Fax: (518) 386-4592 | Hours: M-F 9 a.m. to 5 p.m.