Most Recent Meeting Minutes
Minutes of Regular Meeting
PRESENT:
Commissioners: Murray,
Daly, Nappi, Weitz and Chairman Woehrle,
Attorney Hayner,
Secretary Versocki, Treasurer SplendidoChief
Lingenfelter, Lt. J. Vena, Cpt. T. Congdon,
Chief Elliott, C. Cahill, R. Hull, D. Pacheco
and Edwin Reilly.
The
Meeting was called to order at 7:04 p.m. under
the direction of Chairman Woehrle.
Motion/
Weitz, 2nd/ Nappi: To approve the
minutes of the January 13, 2010 Regular Meeting
as read. Passed 5-0.
CORRESPONDENCE:
·
A letter of appointment for John A. Splendido as
the Niskayuna Fire District Treasurer for the
period of January 1, 2010 through December 31,
2010 and bonding for up to $2 million dollars.
·
A facsimile letter from Niskayuna Town
Supervisor Joseph Landry stating that the Town
of Niskayuna concurs with The Niskayuna
Consolidated Fire District No. 1’s assumption of
Lead Agency status under SEQRA for coordinating
environmental review of the proposed renovation
& expansion of the existing fire station located
at 1079 Balltown Rd. Niskayuna, NY 12309.
·
A signed letter from The Schenectady County
Civil Service Commission certifying the names of
15 employees from Niskayuna Fire District No.1.
·
A notice of upcoming Fire Commissioner training
at The Turning Stone Resort on March 26 – 28,
2010.
·
A letter authorizing Treasurer John Splendido to
pay the invoice from Fire Districts Mutual
Insurance Company as approved by Fire
Commissioners Woehrle, Murray, Nappi & Weitz.
PRIVILEGE
OF THE FLOOR:
·
Niskayuna District No. 1 resident and former Niskayuna Town
Supervisor Edwin Reilly asked for a chance to
speak to the board of fire commissioners about
the proposed building renovation and addition
project. He asked specific questions about the
community letter which was sent to all residents
and added some comments & suggestions. He also
added his praise & support for the Niskayuna
Town Police and Fire Departments.
BILLS:Motion
Murray/ 2nd/ Nappi: To pay bills 2010
- 65 thru 2010 - 123 from January 12, 2010
through February 8, 2010 totaling $156,697.79 as
reviewed. Passed 5-0.
TREASURER’S
REPORT:
·
Treasurer Splendido first reviewed the
comparison sheet of the year end 2009 expenses
He then reported on the 2010 budget versus
actual expenses through January 31, 2010. John
also discussed the reserve account balances as
of December 31, 2009 and projected transfers
into these accounts as agreed in the 2010
budget.
·
Treasurer Splendido also reported working on
simplifying the current bills & accounts
spreadsheet by utilizing a newer version on
Windows Quick Books.
·
Treasurer Splendido pointed out the following
discrepancies:
·
Salary expense line A3410.12 shows an increase
due to unused personal time being paid at the
rate in which it was earned.
-
The January 2009 vs. January 2010 comparison
shows a higher health insurance premium and
a credit that will be applied to this
expense line.
-
A 5-year negative tax levy in January 2010
of $5,295.3
COMMITTEE REPORTS:
FINANCE:
·
Commissioner Murray discussed that
the auditor has been given the records for the
2007, 2008 and 2009 and that Treasurer Splendido
is working on the New York State report.
·
Treasurer Splendido reported that
according to the NYS Comptrollers office there
is no record of the state report ever being
filed in 2009. The commissioners discussed this
issue and commented about having tried
unsuccessfully to reach former Treasurer Kristin
DeAngelus in regard to the missing report.
ATTORNEY’S
REPORT:
·
Chairman Woehrle reported that
during this time at each meeting will give the
District Attorney a chance to report on legal
issues pertaining to the Fire District.
·
Attorney Tom Hayner reported that
regarding the deferred compensation issue; we
currently utilize Nationwide Retirement and we
need to proceed with a 5 year renewal contract.
·
Attorney Hayner also reported on
the issue of pregnancy as it applies to Career
and volunteer members. He briefly discussed FMLA
(Family Medical Leave Act) laws and will
research the issue further and give a report at
the next regular commissioners meeting.
INSURANCE:
No Report.
MEDIA
RELATIONS:
No Report.
APPARATUS &
EQUIPMENT:
Chief Lingenfelter
Reported:
·
The new ambulance is still in the factory. Final
delivery has been pushed back to late February
early March 2010. An error in the paint color
set the expected delivery date back.
·
Engine 402 sustained damage to the body
resulting from a collision with the carport at
Niskayuna Garden Apartments. Insurance company
has been notified and the repairs to the engine
have been completed. No injuries to firefighters
or civilians were sustained.
COMMUNICATIONS &
INFORMATION SERVICES:
Chief Lingenfelter
Reported:
·
I am Requesting authorization to purchase radio
communications equipment to complete our narrow
band communications upgrade as required by the
FCC and Schenectady County. A March 2010
implementation of the narrow band system is
anticipated. Cost of equipment not to exceed
$13,000 as budgeted and are available on NYS
contract pricing.
EMS & EQUIPMENT:
Chief Lingenfelter
Reported:
·
The Autopulse unit and accessories have been
received and put into service.
·
The new ice rescue suits have been received.
Training is slated for 3/15/10.
FACILITIES:
·
Chief Lingenfelter reported that a meeting room
rear door at Balltown Rd. has a missing door
knob that needs to be replaced.
ELECTIONS:
No Report
PROTECTIVE GEAR &
UNIFORMS:
Chief Elliott reported:
·
I am in the process of the yearly Turn Out Gear
inventory.
·
12 pairs of training Turn Out gear were washed.
·
Fire Company members were reminded to have their
dress uniforms cleaned.
SERVICE AWARDS PROGRAM:
Trustee
R. Hull reported:
·
Each year volunteer fire company members who
earn at least 50 points based on call, drill and
meeting attendance as well as training classes
will have $700 added into an interest bearing
account.
·
The Volunteer members who earned at least 50
points in 2009 have been complied and will be
posted for a period of 30 days. After which a
final report will be given to the board for
approval.
INSPECTION
& INSTALLATION:
·
Commissioner Woehrle reported that a good time
was had by all who attended. In total 96 people
attended the event in which the awards portion
of the program was streamlined and only took 20
minutes from beginning to end. There were many
positive comments about the venue, the food and
service. The Grand Blvd. Fire Company members
voted to hold next year’s
inspection/installation dinner at the Lighthouse
– Restaurant at Water’s Edge.
·
Grand Blvd. Fire Company Treasurer Ray Hull gave
the financial report for the dinner. in which
the district’s portion of the bill came to
$5,622.72 which included the dinners, $750 in
awards and $72.72 for career members on duty.
Ray stated that The GBFC paid the entire bill
and requests reimbursement from the District.
FIRE
STATION ADDITION/RENOVATION:
Commissioner Nappi
reported:
·
Two public meetings have been held, January 30th
and February 9th to present the
renovation/addition proposal. Community feed
back has been very positive. There have been
two negative letters to the editor, both of
which were based on either in-accurate
information, lack of information, or
assumptions. There have also been two positive
letters to the editor and two articles published
by the Schenectady Gazette that were very
accurate in their depiction of the proposal.
Chief Lingenfelter reported:
·
Over 40 residents have taken guided tours of the
facility and have provided the committee with
valuable feedback and very positive support for
the proposal. A summary of the comments and
concerns will be summarized and provided to the
board when the tours have been completed.
·
Resolutions are required for continuation of the
SEQRA process, setting of the public hearing
date and the bond vote date. Copies of the
resolutions have been forward to us by the bond
attorney.
·
Dave Pacheco and I have been continuing to reach
out to Senator Schumer’s staff and Congressman
Tonko’s staff for project funding support.
REPORT OF THE CHIEFS:
Chief
Lingenfelter:
·
The Congratulations to GBFC award winners for
2009 Volunteer Lieutenant/Paramedic Josh Colvin,
Firefighter of the Year and EMT Laura Toma,
Rookie of the year.
·
Healthcare plan cards for the prism plan have
yet to be received. Denise Palyo has been
contacted and advised employees to use their
current HMO card until the new cards arrive.
This has created some confusion with referrals
which are required under the HMO plan but not
under the prism plan.
·
I was advised by retirees that the retirees were
switched to the EPO plan by blue cross in
error. The board was notified by email and
Denise Palyo was contacted to resolve the
issue. Currently all persons who were to remain
on the HMO plan have been switched back to it.
There will be some re-submission of claims
necessary to correct those that were submitted
during the transitions.
·
According to Captain T. Congdon, the FETN Fire
and Emergency Training Network system is up and
running with good feedback. There have been
approximately 80 hours of training and everyone
has commented about the quality of the
information being taught.
·
We have completed the renewal process with DOH
for our controlled substance program thru
1/31/12.
·
Lt. Shane Sweet and FF Joe Congdon successfully
completed their training at New Mexico Tech in
Socorro, New Mexico for Incident Response to
Terrorist Bombings program. They are now
certified to instruct awareness level WMD
training and will be working with Capt. Congdon
to work the program into the department
training.
Chief
Elliott:
·
I am signed up to attend the ICS – 300 Command
Course scheduled for March 2010 in Utica, NY and
would like permission to utilize Car 428 for
transportation and be reimbursed for meals. The
room is being provided by New York State.
Department Activity:
2010
2009
January Incidents:
162 164
EMS
118 113
Fire/Other
44 51
YTD Incidents:
162 164 (1/31)
Other
Activities:
Emergency Callback: 17 hours
Fire/EMS/Codes In-Service
Training: 12 hours
Fire
Company Drill: 122 hours
Report
of the Niskayuna Permanent Fireman’s
Association:
No Report.
Report
of the Grand Boulevard Fire Company: No Report.
OLD BUSINESS:
NONE
NEW
BUSINESS:
At this time – 8:14 p.m. Commissioners Murray,
Daly, Weitz, Nappi and Woehrle as The Lead
Agency for the State Environmental Quality
Review Assessment (SEQRA) reviewed the Full
Environmental Assessment Form (Appendix A) in
detail.
Project
Information
Description of Action: New apparatus bays and
firematic support spaces attached to the
existing fire station. Approximately 9,602 sq.
ft. (including storage mezzanine) associated
drives, parking and site work. Total new
footprint is 7,201 sq. ft. Renovation of
existing 10,447 sq. ft. station including
addition of sprinkler system, elevator, ADA
accessible gender specific bathroom facilities,
improvement of living, mechanical, electrical
and plumbing infrastructure and energy efficient
improvements. Demolition of existing vacant
structure on property. Two properties totaling
1.01 acres (1079 Balltown Rd. = .82 +/- acres,
1073 Balltown Rd. = .19 +/- acres).
Area of disturbance is approximately 0.5 acres.
Site
Description
– Physical setting of overall project, both
developed & undeveloped areas.
·
Question # 1 – Present land use? Answer -
Residental
·
Question # 2 – Total acreage? Answer - 1.01
acres
Presently - .42 acres meadows or brush
(non-agricultural) After Completion - .27 acres
Presently - .59 acres Road, buildings &
other paved surfaces. After completion - .74
acres
·
Question # 3 – What is predominant soil types on
project site?
Answer - 70% of site well drained and 30%
of site moderately well drained.
·
Question # 4 – Are there bedrock outcroppings on
project site? No.
·
Question # 5 – Approximate percentage of
proposed site with slopes?
Answer - 0 -10% - 83 %; 10 -15% - 7 % ;
15% or greater – 10 %
·
Question # 6
– Is project substantially contiguous to, or
contain a building, site or district listed
on the State or National Registers of
historic places?
Answer – No. This question was discussed
by the Board of Fire Commissioners and in a
Document from The New York State Office of
Parks, Recreation and Historic Preservation
dated
July 2, 2009 the OPRHP reviewed the
project in accordance with the NYS Historic
Preservation
Act of 1980 and based on the review, “Is of
the opinion that this project will have no
impact upon-
Cultural resources in or eligible for
inclusion in the State and National register of
Historic Places”.
·
Question # 7 – Is project substantially
contiguous to a site listed on the Register of
National -
Natural Landmarks? No.
·
Question # 8 – What is the depth of the water
table? Less than 10 feet.
·
Question # 9 – Is the site located over a
primary, principal or sole source aquifer? No
·
Question # 10 – Do hunting, fishing or shell
fish opportunities presently exist in the
project area? No.
·
Question # 11 – Does project contain any species
of plant or animal life that is identified as
threatened or endangered? No.
·
Question # 12 – Are there any unique or unusual
land forms on the project site? No.
·
Question # 13 – Is the project site presently
used by the community or neighborhood as an open
space or recreation area? No.
·
Question # 14 – Does the present site include
scenic views known to be important to the
community? No.
·
Question # 15 – Streams within or contiguous to
the project area? N/A
·
Question # 16- Lakes, ponds, wet lands within or
contiguous to the project area? N/A
·
Question # 17- Is the site served by existing
public utilities? Yes. Does sufficient capacity
exist to allow connection? Yes.
·
Question # 18 – Is the site located in an
agricultural district certified pursuant to
Agriculture & Markets Law, article 25 –AA,
Section 303 and 304? NO.
·
Question # 19 – Is the site located in or
substantially contiguous to the critical
Environmental Area designated pursuant to
Article 8 of the ECL and 6 NYCRR 61? No.
·
Question # 20
– Has the site ever been used for the deposit of
solid or hazardous waste?
Commissioners
Murray, Daly, Weitz, Nappi and Woehrle answered
– No.
1. Project Description
– Physical dimensions and scale of project.
·
1A – Total contiguous acres owned or controlled
by project sponsor? 1.01 acres
·
1B – Project acreage to be developed initially?
.74 acres. Ultimately re-developed? .74 acres
·
1C – Project acreage to remain undeveloped? .27
acres.
·
1D – Length of project in miles? N/A.
·
1E – If this project is an expansion, indicate
the percentage of expansion proposed. 15 %
·
1F – Number of off-street parking spaces
existing. 21 Proposed? 28
·
1G – Maximum vehicular trips generated per hour?
N/A.
·
1H – If residential, number and types of housing
units? N/A.
·
1 I – Dimensions in feet of largest proposed
structure? 45 feet high, 67 feet width and 111
feet length.
·
1J – Linear feet of frontage along a public
thoroughfare project will occupy is? 350 feet.
2. How much natural material (ie. Rock & earth)
will be removed from the site? N/A
3.
Will disturbed areas be reclaimed? Yes.
As was discussed between the commissioners The
intended purpose being reclaimed will be natural
and landscaping.
4. How many acres of vegetation (trees, shrubs,
ground cover) will be removed from the site?
Answer - 0.15 acres.
5. Will any mature forest (over 100 years old)
or other important vegetation be removed by this
project? No.
6. If single phase project, anticipated period
of construction? 14
months.(Including demolition).
7. Is the project multi-phased? N/A.
8. Will blasting occur during construction? No.
9. Number of jobs generated during construction?
50; After project is completed? Same as existing
fire station.
10. Number of jobs eliminated by this project?
Zero.
11. Will project require relocation of any
projects or facilities? No.
12. Is surface liquid waste disposal involved?
No.
13. Is sub-surface liquid waste disposal
involved? No.
14. Will surface area of existing water body
increase or decrease by proposal? No.
15. Is project or any portion of project
located in a 100 year flood plain? No.
16. Will the project generate solid waste? Yes.
A. If yes, will an existing solid waste
facility be used? Yes
B. Give name – County Waste Transfer 1927
Rt. 9 Clifton Park, NY 12065
C. Will any wastes not go into a sewage
disposal system or into a sanitary landfill? No.
17. Will the project involve the disposal of
solid waste? No – only construction debris.
18. Will the project use herbicides or
pesticides? No.
19. Will the project routinely produce odors?
No.
20. Will project produce operating noise
exceeding the local ambient noise levels? No.
21. Will project result in an increase of energy
use? Yes – The commissioners discussed the fact
that the existing building will be increased due
to energy improvements. However, additional
square footage, although highly efficient, will
increase overall usage of electricity & natural
gas.
22. If water is supplied from a well, what is
the pumping capacity? N/A.
23. Total anticipated water usage per day. Same
as existing.
24. Does project involve local, State or Federal
funding? Yes – Fire District Bond Referendum.
25. Approvals Required –
·
The commissioners discussed being exempt from
the Town Planning Board and Town Zoning Board
based on a letter sent to the Town of Niskayuna
dated February 10, 2010.
·
The commissioners agreed that even if the
District is exempt as discussed above, we would
still allow a courtesy review of the planning of
the renovation/addition project.
C. Zoning and Planning Information
1. Does proposed action involve a planning or
zoning decision? No.
2. What is the zoning classification of the
site? R-2 Medium Density Residential.
3. What is the maximum potential development of
the site if developed as permitted by the
present zoning? Existing non-classified use by
zoning regulations (pre-existing
non-conforming).
4. What is the proposed zoning of the site? R-2
Medium Density Residential.
5. What is the maximum potential development of
the site if developed as permitted by the
proposed zoning? N/A.
6. Is the proposed action consistent with the
recommended uses in adapted local land use
plans? Same as existing.
7. What are the predominant land uses and zoning
classifications within a ¼ mile of the proposed
action? Residential and commercial.
8. Is the proposed action compatible with
adjoining/surrounding land uses within ¼ mile?
Yes.
9. If the proposed action is the subdivision of
land, how many lots are proposed? N/A.
10. Will proposed action require and
authorizations for the formation of sewer or
water districts? No.
11. Will the proposed action create a demand for
any community provided services? No.
12. Will the proposed action result in the
generation of traffic significantly above
present levels? No.
The following Resolution was offered by
Commissioner Daly and seconded by Commissioner
Nappi.
RESOLUTION DETERMINING THAT THE NISKAYUNA
FIRE STATION PROJECT PROPOSED BY THE NISKAYUNA
CONSOLIDATED FIRE DISTRICT NO. 1 WILL NOT HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT PURSUANT
TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT
WHEREAS,
the Niskayuna Consolidate Fire District
No.1(the “District”) has before it a project
(the “Project”) consisting of: (1) the renovation of the existing approximately 10,447 square foot
fire station at
1079 Balltown
Road, Niskayuna, New York, which includes the
addition of a sprinkler system, elevator,
and ADA accessible gender specific bathroom
facilities, as well as the installation of
energy efficient improvements, including
mechanical, electrical and plumbing
infrastructure improvements;
(2) the
construction of an approximately 9,602
square foot addition (including a storage
mezzanine) to the existing fire station to
accommodate new apparatus bays and firematic
support spaces, which shall also include the
construction of associated drives, parking
improvements and related site work; and (3) the
demolition of the existing vacant residential
structure on property located adjacent to the
existing fire station at 1073 Balltown Road,
Niskayuna, New York to make room for the
proposed addition; and
WHEREAS,
pursuant to Article 8 of the Environmental
Conservation Law of the State of New York, as
amended, and the regulations of the Department
of Environmental Conservation of the State of
New York promulgated thereunder (collectively
referred to hereinafter as “SEQRA”), the
District is required to make a determination
whether the “action” (as said quoted term is
defined in SEQRA) to be taken by the District
may have a “significant impact on the
environment” (as said quoted term is utilized in
SEQRA) and the preliminary agreement of the
District to undertake the Project constitutes
such an action; and
WHEREAS,
to aid the District in determining whether
undertaking the Project may have a significant
impact upon the environment, a Full
Environmental Assessment Form (the “EAF”) has
been prepared for the Project, a copy of which
is attached here as Exhibit “A”, with a copy of
the EAF on file at the office of the District;
and
WHEREAS, the District has
examined the EAF in order to classify the
Project; and
WHEREAS, on January 13,
2010, the District adopted a resolution
classifying the Project as an Unlisted Action
(as that term is defined in SEQRA) and declaring
its intent to act as lead agency for the purpose
of conducting a coordinated environmental review
of the Project; and
WHEREAS, on January 14,
2010, the District requested that each involved
agency consent to the District’s desire to act
as lead agency; and
WHEREAS, each of the involved agencies
has consented to the District’s status as lead
agency for the purpose of conducting a
coordinated environmental review of the Project;
and
WHEREAS, as a result of its careful
review and examination of the Project, the
District finds that, on balance, and after
careful consideration of all relevant
documentation, it has more than adequate
information to evaluate all of the relevant
benefits and potential impacts; and
NOW, THEREFORE, be it
resolved by the members of the Niskayuna
Consolidated Fire District No. 1 as follows:
(1)
Based upon an examination of
the EAF and the criteria contained in 6 NYCRR
§617.7(c), and based further upon the District’s
knowledge of the Project and Project area, and
such further investigation of the Project and
its environmental impacts as the District has
deemed appropriate, the District makes the
following findings and determinations with
respect to the Project pursuant to SEQRA:
(A) The
Project consists of the components described
above in the first WHEREAS clause of this
resolution; and
(B) The
Project constitutes an “Unlisted Action” (as
said quoted term is defined in SEQRA); and
(C) The
District is the “Lead Agency” (as said quoted
term is defined in SEQRA) with respect to an
uncoordinated review of the Project pursuant to
SEQRA; and
(D) The
Project will not have a significant adverse
effect on the environment, and the District
hereby issues a negative declaration for the
Project pursuant to SEQRA, a copy of which is
attached hereto as Exhibit B.
(2) A copy of this
Resolution, together with the attachments
hereto, shall be placed on file in the office of
the District where the same shall be available
for public inspection during business hours.
(3) The District
hereby authorizes the Secretary to sign the
Negative Declaration on the District’s behalf.
(4) The District’s
bond counsel is hereby authorized and directed
to distribute copies of the Negative Declaration
and to do such further things or perform such
acts in accordance with SEQRA.
The question of the adoption of
the foregoing resolution was duly put to vote on
a roll call, which resulted as follows:
AYE NAY
Commissioner Murray AYE
Commissioner Daly AYE
Commissioner Weitz AYE
Commissioner Nappi AYE
Commissioner Woehrle AYE
The foregoing resolution
was thereupon declared duly adopted.
STATE
OF NEW YORK )
) SS.:
COUNTY OF SCHENECTADY )
I, the
undersigned Secretary of the Niskayuna
Consolidated Fire District No. 1, (the
“District”) DO HEREBY CERTIFY that I have
compared the annexed extract of the minutes of
the meeting of the District held on February 10,
2010 with the original thereof on file in my
office, and that the same (including all
exhibits) is a true and correct copy of the
proceedings of the District and of the whole of
such original insofar as the same relates to the
subject matters referred to therein.
I FURTHER
CERTIFY that, as of the date hereof, the
attached resolution is in full force and effect
and has not been amended, repealed or rescinded.
IN WITNESS
WHEREOF, I have hereunto set my hand and
affixed the seal of the District this 19th
day of February, 2010.
Niskayuna Consolidated Fire District No. 1
William
J. Versocki
William J.Versocki,
Secretary
Motion/
Weitz, 2nd/ Daly: To allow Chairman
Woehrle to act as the responsible office
in The Lead Agency by signing the resolution
determining that the Niskayuna Fire Station
Project proposed by the Niskayuna Consolidated
Fire district No. 1 will not have a significant
effect on the environment pursuant to the State
Environmental Quality Review Act.
Passed 5-0.
At
this time – 8:42 p.m. Commissioners Murray,
Daly, Weitz, Nappi and Woehrle as The Lead
Agency for the State Environmental Quality
Review Assessment (SEQRA) completed their review
the Full Environmental Assessment Form (Appendix
A) .
NEW
BUSINESS CONTINUED:
Motion/
Daly, 2nd/ Nappi: To adapt a
resolution subject to permission referendum to
authorize the expenditure of a sum not to exceed
$133,380.00 from the previously established Fire
Apparatus Reserve Fund for the purchase of a
2010 Wheeled Coach Industries Ambulance with
accessories. Passed 5-0.
Motion/ Murray, 2nd/
Nappi: To purchase radio communications
equipment to complete our narrow band
communications upgrade as required by the FCC
and Schenectady County. The cost of equipment
not to exceed $13,000 as budgeted and are
available on NYS contract pricing.
Passed 5-0.
Motion/
Nappi, 2nd/ Murray: To make payment
to The Grand Blvd. Fire Company $5,622.72 for
the District’s portion of The
Inspection/Installation dinner on January 30,
2010 at The Lighthouse Restaurant. Passed 5-0.
Motion/
Nappi, 2nd/:Murray: To allow Chief
Elliott to utilize C-428 to travel to Utica, NY
to attend the IC- 300 course (incident command)
and pay meals for training on March 19 – 21,
2010.Passed 5-0.
BOND RESOLUTION DATED FEBRUARY 10, 2010 OF
THE BOARD OF FIRE COMMISSIONERS OF THE NISKAYUNA
FIRE DISTRICT #1 AUTHORIZING NOT TO EXCEED
$4,787,000 AGGREGATE PRINCIPAL AMOUNT OF SERIAL
GENERAL OBLIGATION BONDS TO FINANCE THE
ADDITIONS TO AND RECONSTRUCTION OF A FIRE
STATION THEREON, AT AN ESTIMATED MAXIMUM COST OF
$4,887,000, LEVY OF TAX IN ANNUAL INSTALLMENTS
IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM
FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS
IN CONNECTION THEREWITH.
BE IT RESOLVED BY
THIS BOARD OF FIRE COMMISSIONERS AS FOLLOWS:
Section 1. The Fire District shall
construct an addition to and reconstruct the
existing fire station, including site work,
acquire original furnishings, equipment,
machinery or apparatus required for the purpose
for which such building is to be used and
demolish the existing vacant residential
structure on property located adjacent to the
existing fire station, at an estimated maximum
cost of $4,887,000, as more particularly
described in Section 3 hereof.
Section 2. The Fire District is hereby
authorized to issue its serial general
obligation bonds (the “Bonds”) in the aggregate
principal amount of not to exceed $4,787,000
pursuant to the Local Finance Law of New York,
in order to finance the class of objects or
purposes described herein.
Section 3. The class of objects or
purposes to be financed pursuant to this
Resolution (the “Purpose”) is the (1)
the reconstruction of the existing
approximately 10,447 square foot fire station at
1079 Balltown Road, Niskayuna, New York, which includes the
addition of a sprinkler system, elevator, and
ADA accessible gender specific bathroom
facilities, as well as the installation of
energy efficient improvements, including
mechanical, electrical and plumbing
infrastructure improvements;
(2) the
construction of an approximately 9,602
square foot addition (including a storage
mezzanine) to the existing fire station to
accommodate new apparatus bays and firematic
support spaces, which shall also include the
construction of associated drives, parking
improvements and related site work; and (3) the
demolition of the existing vacant residential
structure on property located adjacent to the
existing fire station at 1073 Balltown Road,
Niskayuna, New York to make room for the
proposed addition, including site work, and
acquisition of original furnishings, equipment,
machinery or apparatus required for the purpose
for which such building is to be used.
Section 4. It is hereby determined and
declared that (a) the maximum cost of the
Purpose, as estimated by the Board of Fire
Commissioners, is $4,887,000, (b) no money has
heretofore been authorized to be applied to the
payment of the cost of the Purpose , other than
certain authorizations for the payment of
certain necessary pre-vote soft costs, and (c)
the Fire District plans to finance the cost of
the Purpose from funds raised by the issuance of
the Bonds and bond anticipation notes
hereinafter referred to and the expenditure of
not to exceed $100,000 from the Building Reserve
Fund, if needed.
Section 5. It is hereby determined that
the Purpose is one of the class of objects or
purposes described in Subdivision 12(a)(1) of
Paragraph a of Section 11.00 of the Local
Finance Law, and that the period of probable
usefulness of the Purpose is fifteen (15) years.
Section 6. Subject to the provisions of
the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation
notes in anticipation of the sale of the Bonds,
including renewals of such notes, is hereby
delegated to the Treasurer of the Fire District,
the chief fiscal officer.
Section 7. The power to further
authorize the issuance of the Bonds and bond
anticipation notes and to prescribe the terms,
form and contents of the Bonds and bond
anticipation notes, including the consolidation
with other issues and the use of substantially
level or declining debt service, subject to the
provisions of this Resolution and the Local
Finance Law, and to sell and deliver the Bonds
and bond anticipation notes, is hereby delegated
to the Treasurer of the Fire District. The
Treasurer of the Fire District is hereby
authorized to sign and the Secretary is hereby
authorized to attest any Bonds and bond
anticipation notes issued pursuant to this
Resolution, and the Secretary is hereby
authorized to affix to such Bonds and bond
anticipation notes the corporate seal of the
Fire District.
Section 8. The faith and credit of the
Niskayuna Fire District #1, Niskayuna, New York,
are hereby irrevocably pledged for the payment
of the principal of and interest on such Bonds
and bond anticipation notes as the same
respectively become due and payable. An annual
appropriation shall be made in each year
sufficient to pay the principal of and interest
on such obligations becoming due and payable in
such year. There shall be levied annually on
all taxable real property of the Fire District,
a tax sufficient to pay the principal of and
interest on such obligations as the same become
due and payable.
Section 9. This Resolution shall
constitute the Fire District’s “official
intent”, within the meaning of Section 1.150-2
of the Treasury Regulations, to finance the cost
of the Purpose with the Bonds and notes herein
authorized. The Fire District shall not
reimburse itself from the proceeds of the Bonds
or notes for any expenditures paid more than
sixty days prior to the date hereof, unless
specifically authorized by Section 1.150-2 of
the Treasury Regulations.
Section 10. This Resolution, when
effective, shall be published in full by the
Secretary of the Fire District together with a
notice in substantially the form prescribed by
Section 81.00 of the Local Finance Law, and such
publication shall be in each official newspaper
of the Fire District. The validity of the Bonds
or of any bond anticipation notes issued in
anticipation of the sale of the Bonds may be
contested only if such obligations are
authorized for an object or purpose for which
the Fire District is not authorized to expend
money, or the provisions of law which should be
complied with at the date of publication of this
Resolution are not substantially complied with,
and an action, suit or proceeding contesting
such validity is commenced within twenty (20)
days after the date of such publication; or if
said obligations are authorized in violation of
the provisions of the Constitution.
Section 11. This Resolution shall take
effect immediately upon approval thereof by the
voters of the Fire District at a special meeting
of such voters.
The Motion having been duly seconded by
Commissioner Nappi,
it was adopted and the following votes were
cast:
AYES
NAYS
Commissioner
Murray
Commissioner
Daly
Commissioner
Weitz
Commissioner
Nappi
Commissioner
Woehrle
STATE OF NEW YORK )
) SS.:
COUNTY OF SCHENECTADY )
I, the undersigned Secretary of the Niskayuna
Fire District #1, do hereby certify as follows:
1. A Regular Meeting of the Board of
Fire Commissioners of the Niskayuna Fire
District #1, State of New York, was duly held on
February 10, 2010, and Minutes of said meeting
have been duly recorded in the Minute Book kept
by me in accordance with law for the purpose of
recording the Minutes of meetings of said
Board. I have compared the attached Extract
with said Minutes so recorded and said Extract
is a true copy of said Minutes and of the whole
thereof insofar as said Minutes relate to
matters referred to in said Extracts.
2. Said Minutes correctly state the
time when said Meeting was convened and the
place where such meeting was held and the
members of said Board who attended said Meeting.
3. Public Notice of the time and
place of said Meeting was duly given to the
public and the news media in accordance with the
Open Meetings Law, constituting Chapter 511 of
the Laws of 1976 of the State of New York, and
that the members of said Board had due notice of
said Meeting and that the Meeting was in all
respects duly held and a quorum was present and
acted throughout.
IN WITNESS WHEREOF, I have hereunto set my hand
and have hereunto affixed the corporate seal of
the Niskayuna Fire District #1 this 18th
day of February, 2010.
William
J. Versocki
Secretary
CommissionerDaly presented the following amended
resolution and moved that it be adopted:
RESOLUTION DATED
FEBRUARY 10, 2010 OF THE BOARD OF FIRE
COMMISSIONERS OF THE NISKAYUNA CONSOLIDATED FIRE
DISTRICT No.1 AUTHORIZING A PROPOSITION TO BE
PRESENTED TO THE VOTERS AT A SPECIAL DISTRICT
MEETING.
NOW THEREFOR BE IT RESOLVED by the Board of Fire
Commissioners that a special meeting of the
qualified voters of the Fire District is called
to be held in the Niskayuna Town Hall, 1
Niskayuna Circle, Niskayuna, New York, on
Tuesday, March 23, 2010 from 9:00 a.m. until
9:00 p.m. prevailing time for the purpose of
voting on the following proposition:
Shall the Board of
Fire Commissioners bond resolution adopted on
February 10, 2010 be approved as follows: the
Niskayuna Consolidated Fire District No.1 is
hereby authorized to (A) (1) construct an
addition to and reconstruct the existing fire
station,
including site work, acquire original
furnishings, equipment, machinery or apparatus
required for the purpose for which such building
is to be used, and demolish the existing vacant
residential structure on property located
adjacent to the existing fire station, at an
estimated maximum cost of $4,887,000 (including
$100,000 available in the Building reserve Fund,
if needed), (B) expend such sum for such
purpose, (C) levy the necessary tax therefor, to
be levied and collected in annual installments
in such years and in such amounts as may be
determined by the Board of Fire Commissioners,
and (D) in anticipation of the collection of
such tax, issue bonds and notes of the Fire
District at one time or from time to time in the
principal amount not to exceed $4,787,000, and
levy a tax to pay the interest on said
obligations when due?
The vote upon such proposition shall be by the
new voting machine ballots. The hours during
which the polls shall be kept open shall be from
9:00 a.m. to 9:00 p.m. prevailing time or for as
long thereafter as necessary to enable qualified
voters who are in the polling place at 9:00 p.m.
to cast their ballots.
BE IT FURTHER RESOLVED, that the
individuals listed below (each of whom is a
registered voter of the Town and is not an
elected officer of the Fire District) shall act
in the following capacities at the special
meeting and shall be paid the amount specified
in Section 175 of the Town Law:
WintonFox Chairman
RobertKordrupel
Election Inspector/Ballot Clerk
AnneElliott
Ballot Clerk
KimVersocki
Ballot Clerk
BE IT FURTHER RESOLVED, that a notice of such
meeting shall be published in one or more
newspapers of general circulation within the
Fire District in accordance with applicable
law.
BE IT FURTHER RESOLVED, that this resolution
takes effect immediately upon its adoption.
The Motion having been
duly seconded by Commissioner Nappi,
it was adopted and the
following votes were cast:
AYES
NAYS
Commissioner
Murray
Commissioner Daly
Commissioner Weitz
Commissioner Nappi
Commissioner Woehrle
STATE OF NEW YORK )
) ss.:
COUNTY OF SCHENECTADY )
I, the undersigned Secretary of the Board of
Fire Commissioners of the Niskayuna Fire
District No.1, DO HEREBY CERTIFY AS FOLLOWS:
1. A Regular Meeting of the Board of
Fire Commissioners of the Niskayuna Fire
District No.1, State of New York, was held on
February 10, 2010, and Minutes of said meeting
have been duly recorded in the Minute Book kept
by me in accordance with the law for the purpose
of recording the minutes of meetings of said
Board.
2. I have compared the attached
Extract with said Minutes so recorded and said
Extract is a true copy of said Minutes and of
the whole thereof insofar as said Minutes
relative to matters referred to in said
Extracts.
3. Said Minutes correctly state the
time when said Meeting was convened and the
place where such Meeting was held and the
members of said Board who attended said Meeting.
4. Public Notice of the time and
place of said Meeting was duly given to the
public and the news media in accordance with the
Open Meetings Law, constituting Chapter 511 of
the Laws of 1976 of the State of New York, and
that the members of said Board had due notice of
said Meeting and that the Meeting was in all
respects duly held and a quorum was present and
acted throughout.
IN WITNESS WHEREOF, I have hereto set my hand
and have hereunto affixed the corporate seal of
the Niskayuna Consolidated Fire District No.1
this 18th day of February,
2010.
William
J. Versocki
Secretary
Chairman Woehrle
reminded everyone that the Public Meeting for
the proposed bond vote will be held on March 9,
2010 beginning at 7:00 p.m. at the Niskayuna
Town Hall. Please show up 15 – 20 minutes early.
The Commissioners
discussed ground rules for the public meeting.
MOTION
Nappi/SECOND Daly: To adjourn the meeting at
9:21 p.m. Passed 5-0.
The next Regular
Meeting is Wednesday, March 10, 2010 at 7:00
p.m.
Respectfully
submitted,
William J. Versocki
District Secretary
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