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					                                     TOWN OF NEW SCOTLAND
                                      Special Town Board Meeting
                                               09/12/2012


The following Town Officials were in attendance:

             Supervisor:                        Thomas Dolin
             Councilperson:                     William Hennessy
                                                Douglas LaGrange
                                                Daniel Mackay
                                                Patricia Snyder
             Engineer:                          R. Mark Dempf
             Highway Superintendent:            Kenneth Guyer
             Town Clerk:                        Diane Deschenes
             Town Attorney:                     J. Michael Naughton


1.   Call to Order
     Supervisor Dolin called the meeting to order at 7:00 PM.
2.   Pledge of Allegiance

3.   Invitation to the General Public to Comment on Agenda Items: Please use the microphone
     available and state your name for the record

4.   Approval of the Minutes of the Following:
        8/8/12 Public Hearing Local Law E – amending zoning map
        8/8/12 Regular Town Board meeting
        8/22/12 Special Town Board Meeting
     RESOLUTION 12-198
     Supervisor Dolin offered the following resolution and moves its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby accept the minutes as
     presented by the Clerk.
     Councilperson LaGrange seconded the motion. All present and voting the motion carried (5 ayes).

     Announcements:
      Free shredding event September 29th 10:00 am to Noon, Swift Rd Park
      Primary Election is September 13, 2013
      Reprint of Voorheesville, New York “A Sketch of the Beginnings of a Nineteenth Century
       Railroad Town” available in the Town Clerk’s office for $15

5.   Discussion regarding the sale of the 2003 Ford Van to Town of Berne with sharing
     agreement.
     After the last meeting, Supervisor Dolin explored the idea of leasing or renting one of the buses to
     the Town of Berne which would mean we would continue to own it, maintain it, and insure it. He
     came to the conclusion this would just be adding to our liability. One of the goals in increasing our
     fleet was to lessen the amount of oversight and work connected with operating the van. We were
     not going to achieve any savings in that regard. Supervisor Dolin added that when he took office in
     2008 we had no vehicles and as of this date we have 3 ½, considering the fly car is barely road
     worthy. It was his opinion that we need two cars and not two buses. Supervisor Dolin asked the
     Board to consider selling the bus.

     Supervisor Crosier from Berne attended the meeting and gave an overview of how this came
     about. He heard that people in New Scotland are worried that the van will go and they’ll never get
     to use it. He said that’s not true, Berne would use the bus one day a week and have a shared
     service agreement with the Town so when you need it, they would make sure it was clean, fueled
     and sitting in the parking lot. Supervisor Crosier added that in government now days we have to
     start partnering to make things work. We need to start cutting back on our costs. Supervisor
     Crosier said I’ve asked the Town Board to sell us the van.

     Supervisor Dolin opened the meeting up to comments. There were several seniors in attendance.
     Supervisor Crosier was asked if they considered getting a bus from a school district and he said he
     did look at that. The value of the bus to the seniors was discussed. It was suggested that in
     house maintenance might be a way to save money. It was also mentioned that the senior budget
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was cut. Councilperson LaGrange gave an explanation. He also explained that there are two
different entities. There is a private New Scotland Senior Citizens club that the town donates
money to for the bus program. Councilperson LaGrange said that we purchased the bus thinking it
could be used for these same trips. Councilperson LaGrange added that the purpose of Senior
Outreach was to go out and look for seniors that were alone and assist them in finding programs to
help them. The genesis of the program was directional. In 2005-2006 Senior Outreach was funded
for about $22,000 and today it’s funded at over $45,000. To suggest that there has been a
decrease in funding as a whole is incorrect. A breakout of that budget was requested. The salary is
this year was around $30,000 with approximately another $13,000 for the buses, insurance and
then another $1,000 that goes to the club. Councilperson LaGrange was asked to focus on the
non-personal aspect. It was noted that riders donate if they can. If two buses are filled there is a
sizable amount of money collected to help offset expenses. Selling the bus could save money but
compared to the overall budget it’s less than 1%. It was stated that if we give the bus away we no
longer have control and everything depends on the agreement. Supervisor Crosier said that the
agreement can be as long as we want. Councilperson LaGrange said the liability issue was
discussed to and it’s a problem for us because we have no control over their drivers. He asked
everyone to keep in mind that there are two entities. There is the private senior group and then the
senior outreach program. Even if we took 15% of Ms. Kidder time we are talking $8,000 plus that
we’re actually giving to the senior club in a sense. So, if you look at the big picture that budget has
probably gone up at over $8,000 rather than down $4,000. Councilperson LaGrange wanted to put
it all into perspective. The original intent of buying the bus was to be able to supply transportation
for essentials. Councilperson LaGrange was curious how often the bus is used for that. Ms.
Kidder said two years ago she offered grocery shopping trips but only a couple of people signed
up. Yesterday Ms. Kidder attended a meeting at the Feura Bush apartments and they’ve indicated
they would like to go grocery shopping twice a month. She told them she tried it before and no one
was interested. Ms. Kidder added that she has trips scheduled thought December and almost
every trip has 12-14 people signed up. We’re just coming into the time when we’re taking more
trips. In the summer they don’t because it’s too hot. Councilperson LaGrange said he was just
stating that the intention of the bus originally was to do what Ms. Kidder is now hoping to do in
Feura Bush. He added that we went from a couple of trips in the yellow bus program and borrowing
from the school to having our own bus and expanding to the number of trips we take now. That’s
not a bad thing. He’s just trying to give everyone a perspective of where we were. The senior
outreach program might not be as well received today if taxpayers thought we were going to have a
facilitator go on trips for a private club. It’s morphed into this.

Supervisor Dolin said everyone is acting like we’re ending the program. We used the second bus
20-25 times last year. The seniors will still have one bus and access to another one. Supervisor
Dolin asked what the objection is if trips don’t decrease. Seniors asked why we don’t rent the bus
to Berne. Supervisor Dolin said because we’d still have to maintain it, insure it, and security it and
we don’t have enough people. We don’t need another bus, we need another car. Councilperson
Hennessy said he was originally concerned about selling the bus then the opportunity came for us
to loan it to Berne. We met with Supervisor Crosier last week and spoke about its use. It’s not just
going to be used by seniors in Berne, it will be available to others. Liability and maintenance issues
concerned Councilperson Hennessy. Councilperson Snyder felt it was important to look at the
whole program. She felt the Board was satisfied with the program and wanted to maintain it as
much as possible but they also realize that there is a commitment to use our resources to the
maximum. Councilperson Snyder felt our resources need to be focused on a vehicle that is smaller
than a bus to address the needs of a certain senior group. We need a reliable vehicle. We have a
limited amount of resources and this will help us best utilize our resources and focus on the core
mission, which is to help those who really need help for groceries and medical services. We are
not trying to diminish any kind of programs that are there now. We’re trying to maximize our
resources. Mr. Kerr said that 9 times out of 10 when they take the bus it’s for fun. He also felt
that’s a legitimate use but not as important as someone who needs to go to the doctors. Mr. Kerr
did think this was important especially for those who really can’t get out. Councilperson Snyder
said we’re not trying to diminish the program. Mr. Kerr asked for a guarantee. Councilperson
LaGrange said that’s what our contract would address. Mrs. Crounse asked how many seniors are
in New Scotland adding that many times they use both buses. What would happen if we only had
one? Councilperson Snyder said that’s why we’re trying to work on an agreement. Mr. Abrams
understood New Scotland’s concern about liability but asked why Berne isn’t concerned. Mr.
Abrams was also concerned that New Scotland would be relying on the maintenance of the vehicle
by Berne. He thought it was just as treacherous for us to use it and sell it as it is for us to not sell
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it and let them use it.

Supervisor Crosier said the Town Board is not alone. The Town of Berne also reduced their
contribution to the Hilltown seniors. Pretty soon that contribution will diminish to nothing because in
return they took over their senior center. New Scotland is doing the same thing as a lot of
municipalities. Berne has a small minivan that they use for doctors visits. Berne will now have a
shared services agreement with Knox because they don’t have one. These are the things we will
have to do in the future. As far as drivers go, Berne’s will be paid and the money is coming from
the Department of Aging. The shared service agreement will cover liability, maintenance and the
driver. Supervisor Crosier said he’s comfortable with that part adding that the Town of Berne has
several shared service agreements that have worked out well. It’s the wave of the future.
Revenues are dropping and expenses are increasing. These are things that we have to do if we
want to provide the level of service that everyone enjoys. Mrs. Coffin asked if we sell the bus will
we buy a new vehicle. Councilperson Snyder said we’d like to put the funds toward that. Mr.
Monroe asked why this isn’t a problem for Berne but it is for us. He then asked about the actual
value of the vehicle. A bus of that nature cost anywhere from $6,000 and up. This is a good deal
for Berne at $2,500. Councilperson LaGrange said part of the consideration for this price is the use
of it back. We’re not renting it back. We have the opportunity to use it at no cost, which will be
documented in the agreement. Mr. Monroe asked if Knox, Altamont and others have a different
insurance or lawyer that makes this attractive to them and not us. Supervisor Crosier said he
talked to their insurance company about the liability and they don’t have a problem with it. Mr.
Monroe said at the club he belongs to they share grounds. What they do is cross insure and give
the other one a certificate of insurance. Mr. Monroe thought that would work for us. Mr. Monroe
felt once we let go of the bus we won’t get what we want in return. It’s only one Wednesday now
but who knows where it will go. Councilperson Mackay said this is a contract. Berne is proposing
a specific day of the week and in turn we would know not to schedule a bus extensive event on a
Wednesday. What’s useful in having a contract is the specificity of not having the bus on a specific
day of the week. That allows both communities to plan to accommodate their needs. Mr. Monroe
asked the Board to look hard at what we’re selling the bus for. We should get a fair value. Mr.
Monroe assumed if we’re going to run the bus we’re going to have to have insurance. So that
issue doesn’t go away. Councilperson Mackay said what’s interesting to him is a second bus was
only required 20 days in 2011. Ms. Kidder thought it was about 2 times a month this past year and
added that population is growing with more seniors coming in. Councilperson Mackay said I think
we’re trying to balance the needs of adjacent communities and find out if the bus isn’t really used
on this end isn’t there a way to meet the needs of an adjoining community under a fair and
appropriate contract. Mr. Monroe said I think it could work the other way. Let New Scotland keep it
and let them use it one day a week. Councilperson LaGrange thought the money Berne was
getting was coming from the state and asked if that required Berne to own the bus. Councilperson
Crosier said that’s how we envisioned it. Mr. Monroe wanted to stress that the senior program is
growing and it not just members of the club that are using this bus. Councilperson LaGrange
asked where the sign up sheets are for the buses. Ms. Kidder said in her office but she also takes
them to senior meetings. Mr. Monroe estimated there are 3,000 seniors in the town. Councilperson
Mackay said there are about 900 over 65 years of age. We have a town wide population of 8,600.
Councilperson Mackay thought from age 62 we might have around 2,000. Mr. Monroe felt what we
need is a cross sectional look at what the senior program that the Board envisions is so we don’t
have these points of contention. Mrs. Shufelt was surprise to hear that the senior group is a club.
Councilperson LaGrange said it is. Mrs. Shufelt said she has seen the usage of the buses grow in
the past couple of years and felt we should keep it and possibly rent it to Berne. Then we would
have control over it. Ms. Kidder wondered if there was some funding to pay for a driver for Berne.
All of our drivers are volunteers. Supervisor Crosier said the money comes from the Department of
Aging and is specifically targeted for seniors. Ms. Kidder thought that there was going to be people
other than seniors. Supervisor Crosier said only if there is an extra seat. Mr. Abrams said this isn’t
a $2,500 transaction it’s a $6,000 transaction. If the state audits us they’d question why we are
selling a bus for $2,500. We’re selling it for $6,000 and we’re getting $3,500 worth of services in
exchange this year. What about next year when we’re not selling the bus and they are giving us
$3,500 worth of services. Are they going to give us $3,500 worth of services in perpetuity
Councilperson LaGrange said it’s not in perpetuity? It’s in the length of the contract. Mr. Abrams
thought you should spell that out. Councilperson LaGrange thought it would be included in the
contract. Councilperson LaGrange added whenever that bus reaches its age limit in usefulness
we’d be out one anyway. Mrs. Coffin asked if it’s 3 years, 6 years or when adding that you have to
set a limit to the contract. Mrs. Cantlin wanted to know why the Board is more concerned with
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Berne seniors than their own. She added that these people need to get out of the house and
socialize. She then asked what happens if Mr. Crosier isn’t Supervisor next year. Councilperson
LaGrange said that’s why we have a contract. Councilperson LaGrange said we had one used bus
that we bought initially for two years. It served the purpose and they we got another one. Things
expanded when we got the second bus. That’s fine. We’re not diminishing the use of that by doing
this but eventually that bus will die as with any vehicle. Then what are we going to do? Mrs. Cantlin
said buy us a new one. Mrs. Shufelt asked if money is being set aside to purchase another bus.
Councilperson LaGrange said no because for every $10,000 we add to the budget it’s a 1% tax
increase and we’re bound by a 2% tax increase per year. It would take six years. We we’re
fortunate to buy the old bus from Bethlehem and get a grant for the new bus. Councilperson
LaGrange said he like to see a vehicle to accommodate some of the more modest over flow where
we end up taking two buses. Mrs. Shufelt said most of the trips have a waiting list. Councilperson
LaGrange said we’re still going to have two buses. Supervisor Dolin said we only used the bus 20
times out of 70-100 trips. If there is an overflow why aren’t we using it? Mrs. Oden said if there
are 16 people on the list and the bus only hold 14, two can’t go. Supervisor Dolin said why we
don’t take a car. Ms. Kidder said the cars are running most of the time and it would require an
extra volunteer. Ms. Kidder added that she’s limited on bus driver volunteers right now. Supervisor
Dolin asked if that means you’re not taking a second bus. Ms. Kidder said sometimes. Ms. Kidder
said she tried to fill a bus and if there a couple that can’t go they can’t. Many times there are last
minute cancellations. Councilperson LaGrange felt we have to determine where we are going with
the program. Right now the taxpayers are getting a good program with a substantial amount of
money committed to it. Mrs. Gleason suggested scheduling another meeting regarding this
program. She asked to focus on the bus. Mrs. Oden said even she’s getting confused. We are
discussing the bus and whether Berne gets its or we keep it. She asked what the difference
between them owning it or us. Councilperson Mackay felt we left the last meeting agreeing it would
be nice to help them and the impact of helping them will not negatively impact our program. If there
is an agreement there, then the question is what the contractual relationship is. Is it our bus that
they’re utilizing or the contractual certainty that it’s their bus but we have up to six days access if
we desire that? If there is an agreement then ownership and contract is the focus. Councilperson
LaGrange said the question that still comes up is it better for us to keep it and rent it or better for
them to have it, and for us use it for free. Councilperson LaGrange asked Supervisor Dolin since
he talked with the insurance company. Supervisor Dolin said we can insure anything. There are
issues but they can be worked out. Supervisor Dolin said there is exposure owning the vehicle. It
has to be secured and maintained. It would be nice if the town employees could devote that time to
other things. Supervisor Dolin said when it sets 340 days unused it doesn’t seem like it’s that
difficult of a decision. Councilperson Mackay felt that the public and the Board would benefit by
having a comparison of if we continue ownership and allocate one day a week to Berne or whether
Berne owns and allocates up to six days a week to us. Councilperson Mackay asked for a table
assessing maintenance, fuel, liability, and operating cost. He felt there was a general agreement
that there is a way to make this work for one day a week. It’s really a question of ownership,
financial, and legal exposure. If we put that in a document then the public, the seniors and the
Board can operate from the same piece of paper and have a final discussion. Supervisor Dolin felt
we should table this for now. Councilperson Snyder said she’d like to understand the resources
that could be devoted towards a new vehicle that’s not a bus that we are currently devoting for the
second bus. Councilperson Snyder felt we identified that we need to replace the car. She thought
there were some resources devoted towards the bus and to the car that could be better utilized in
either the purchasing or leasing a new vehicle that would help just as much as two buses.
Councilperson Hennessy thought that was the intent. Councilperson Snyder agreed.
Councilperson Hennessy said this was almost a stepping stone to either a car or mini van type
vehicle. Ms. Kidder agreed saying we need a car. We can use the tracker all winter. The problem
is it has no air conditioning so come spring it’s probably on its last legs. Ms. Kidder said a mini
vans sounds like a great idea but you could never get in one if you use a walker. The tracker is the
most comfortable for the seniors so something like that would be wonderful. Ms. Kidder heard that
a reliable used car these days would cost $5,000-$6,000. Councilperson Snyder said we need the
resources to do that. The resources not only include $2,500 as payment for the van, it includes
gas, time, and servicing of it. Those all have a price. As fiscal officers of the town we can’t
overlook that. We’re trying to get the most for our money. At the end of the day the bus will still be
there six days a week. Mr. Monroe agreed with Councilperson Mackay that if you put down the
facts so that everyone can follow the rational we would get rid of the opinions and flowery words so
we can focus on the benefits. Supervisor Dolin tabled this for tonight. Councilperson Mackay
offered to lead the effort with some help developing this table.
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6.    Schedule Budget Workshops
      This item was tabled.

8.    Discussion regarding water in the Woodwind Drive area.
      Engineer Dempf prepared a color coded map from the information that was provided at the last
      meeting. Out of 24 properties, 11 indicated they were interested, 3 were not and the other 10 are
      considering it. It was suggested that those interested attend the Water Committee meeting
      Monday night.

9.    Discussion/Action regarding creating a Charter for the Audit & Finance Committee
      It’s been recommended that we formalize the Audit and Finance Committee so they understand
      their responsibilities. It would help justified their findings. Supervisor Dolin advised that we’ve
      taken an idea that the school board uses and asked Attorney Naughton to modify it. Attorney
      Naughton said he would have it ready for the next meeting.

10.   Discussion/Action regarding revisions/additions to the Salary/Pay Grade Schedule
      Councilperson LaGrange said these are title revisions. There are two positions in the Highway
      Department that Highway Superintendent Guyer asked to look at. The position that we put in the
      budget last year that he wants to be flexible with is the Equipment Operator I / Automotive
      Mechanic. Then we can have someone there when it’s needed for mechanical issue yet still be
      able to be on the road. The other was a change to the Equipment Operator II / maintenance
      mechanic. Mr. Klink is in that position now. Since someone will be under that position, Highway
      Superintendent Guyer thought an Automotive Mechanic Foremen / E.O. II would be more proper
      and it coincides with civil service. Councilperson LaGrange and Highway Superintendent Guyer
      discussed the salaries and included them in the chart. Highway Superintendent Guyer also wanted
      to change the title for Mr. Duncan’s position. He was under Labor-Sub foreman and it was more
      appropriate to title that Parks & Building Maintenance Person. It doesn’t change the job, just the
      title, that’s why the numbers didn’t change. Councilperson LaGrange added that we didn’t have
      anyone who had gotten to the point of Clerk II when we did this. Now there are opportunities
      towards that so Councilperson LaGrange put numbers in for a Clerk II full-time and part-time.
      These are higher than a Clerk I because of the extra duties. Councilperson LaGrange added that
      he wanted to keep it a little lower than the Bookkeeper and Confidential Secretary.

      RESOLUTION 12-199
      Councilperson LaGrange offered the following resolution and moves its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby accept the
      amendments to the Town of New Scotland pay grade schedule:
                                Town of New Scotland Salary/Pay Grade Schedule

      Title                       # of    Classific.   Current Pay       5 Level Pay Grade
                                employees                 Rate                 Scale
                                                                          1       2     3            4        5
      Dog Warden               1              NC          $9,266.75
      Dog                      1              NC          $9,779.99
      Warden/Administrator
      E.O.II/Maint Mechanic    1              NC             $21.26     $16.00 $17.50 $19.00 $20.50 $22.00
      Automotive Mechanic      1              NC                        $16.50 $18.00 $19.50 $21.00 $22.50
      Foreman/E.O. II
      Equip Op I/Automotive Mechanic                                    $16.00 $17.25 $18.50 $19.25 $21.00

      Equipt. Op. I                4          NC           3 @ $19.54   $15.00 $16.25 $17.50 $18.75 $20.00
                                                           1 @ $17.25
      Equipt. Op I w/Class A       1          NC             $19.54     $15.30   $16.55   $17.80   $19.05   $20.30
      Equipt. Op. II               4          NC             $20.14     $16.00   $17.25   $18.50   $19.75   $21.00
      Equipt Op. II w/Class A      1          NC             $21.06     $16.30   $17.55   $18.80   $20.05   $21.30
      Highway Foreman I            1          NC             $22.03     $19.50   $20.25   $21.00   $21.75   $22.50

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      Equip Op. II/Sub-            1          NC                $21.26    $19.50 $20.25 $21.00 $21.75 $22.50
      Foreman
      Eq. Op.I/Water Sewage        1          NC                $21.82    $19.50 $20.25 $21.00 $21.75 $22.50
      Maint.
      Labor SubForeman             1            NC               $18.86   $15.00 $16.00 $17.00 $18.00 $19.00
      Parks & Building             Title replaces Labor Subforeman        $15.00 $16.00 $17.00 $18.00 $19.00
      Maintenance Person
      Laborer FT                   1           L              $16.23      $14.00 $15.00 $16.00 $17.00 $18.00
      Laborer PT                   2           L          Martin$12.80    $14.00 $15.00 $16.00 $17.00 $18.00
                                                           Tesch$15.89
      Assess. Clerk                1           C              $18.46      $13.50 $14.75 $16.00 $17.25 $18.75
      Clerk I                      1           C              $20.05      $13.00 $14.25 $15.50 $16.75 $18.00
      Clerk I PT                   4                    Campana $16.11    $13.00 $14.25 $15.50 $16.75 $18.00
                                                                Ernst &
                                                           Glath$12.12
      Clerk II                                                            $14.25 $15.50 $16.75 $18.00 $19.75
      Clerk II PT                                                         $14.25 $15.50 $16.75 $18.00 $19.75
      Admin. Asst.                 0           C                   n/a    $15.00 $16.25 $17.50 $18.75 $20.00
      Building Inspector           1            C           $56,387.00
      Build Inspector PT           1          NC                $20.00
      Code Enfor. Off.             1          C             $41,402.00
      Sen. Ser. Coor.              1          C                 $16.55    $14.00 $15.00 $16.00 $17.00 $18.00
      Internal Control Officer     1          C               $104.03
      Bookkeeper                   1          EX                $21.50    $16.50 $17.75 $19.00 $20.25 $21.50
      Confidential                 1          EX                $18.73    $16.50 $17.75 $19.00 $20.25 $21.50
      Sec/Payroll/
      Human Resources
      Court Clerks                 2          EX                $16.11    $13.00 $14.25 $15.50 $16.75 $18.00
      Deputy T. Clerk              1          EX                $20.05    $16.50 $17.75 $19.00 $20.25 $21.50

      Highlighted Titles are suggested
      additions/changes



      Councilperson Mackay seconded the motion. All present and voting the motion carried (5 ayes).

13.   Resolution Adopting Negative Declaration Pursuant to New York State Environmental
      Quality Review Act (6 NYCRR § 617.7) for an inter-municipal cooperative agreement to
      address the MS4 permit requirements & Stormwater management more generally.
      State law requires that we participate in a program which qualifies under DEC’s guidelines for
      training and enforcement for Stormwater management. Albany County has developed a coalition.
      Supervisor Dolin recommended that we sign the agreement. We have to do a SEQR process and
      there is a negative declaration proposed. Supervisor Dolin proposed it be considered an unlisted
      action and we issue a negative declaration. Attorney Naughton thought it would be appropriate for
      the Board to entertain a resolution accepting the SEQR negative declaration in the form that was
      attached.

      RESOLUTION 12-200
      Supervisor Dolin offered the following resolution and moves its adoption:

         Resolved that the Town Board of the Town of New Scotland does hereby issue a negative
      declaration under the SEQR process in so far as the Town is entering into an agreement to join a
      coalition with the County of Albany to oversee our Stormwater Management.
      Councilperson Snyder seconded the motion. All present and voting the motion carried (5 ayes).

12.   Authorize Supervisor to sign an Inter-municipal Agreement with the Stormwater Coalition of
      Albany County
      This agreement is identical to last years and the fee remained the same.
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      RESOLUTION 12-201
      Supervisor Dolin offered the following resolution and moves its adoption:

          Resolved that the Town Board of the Town of New Scotland does hereby enter into an inter-
      municipal agreement with other municipalities in the County of Albany to continue, participate and
      join an existing coalition for cooperation on issues related to storm water management.
        It is further resolved that the agreement be approved by the Town Board and that the Town
      Supervisor be authorized to sign the agreement and send it to the Albany County Stormwater
      Coalition.
      Councilperson Hennessy seconded the motion. All present and voting the motion carried (5 ayes).

14.   Discussion regarding upcoming vacancy in the Board of Assessment Review. A member’s
      term will be expiring 9/30/2012
      Mrs. Robinson’s term is expiring on the Assessment Board of Review. Supervisor Dolin contacted
      her and she was interested in continuing. He asked if the Board wanted to open this up to other
      interested parties or renew Mrs. Robinson’s position. Supervisor Dolin was in favor of renewing her
      appointment but left it up to the Board. Councilperson Mackay felt that Mrs. Robinson provided
      strong service to the Board but he did think if there is a position that’s open we should request
      letters of interest. Supervisor Dolin had no objection adding that his staff will make sure there an
      advertisement.

15.   Resolution establishing the standard hours reported to the NYS Retirement System for
      Highway Superintendent
      It’s required by the Comptroller that we certify the hours per month worked by a particular person in
      a particular position. In this case we are talking about the Highway Superintendent.

      RESOLUTION 12-202
      Supervisor Dolin offered the following resolution and moves its adoption:

      BE IT RESOLVED, that the Town of New Scotland hereby established the following as standard
      work days for elected and appointed officials and will report the following days worked to the New
      York State and Local Retirement System based on the record of activities maintained and
      submitted by these officials to the clerk of this body:

              Title        Name      Social    Registration   Standard       Term       Uses Time      Days
                                    Security    Number          Work      Begins/Ends   Card/Sheet      Per
                                     # (last                    Day                                   Month
                                       4)                     (Hrs/day)                               based
                                                                                                        on
                                                                                                      record
                                                                                                         of
                                                                                                     activities
        Appointed      Kenneth       XXXX       39070339         8        5/14/2012-        N          22.54
        Highway        Guyer                                              12/31/2012
        Superintendent

      Councilperson Hennessy seconded the motion. All present and voting the motion carried (5 ayes).

18.   Fire and Ambulance:
       Resolution authorizing Supervisor to sign the 2012 Advanced Life Support contract with
         Albany County, not to exceed $211,389.96.
      Supervisor Dolin noted that the revenue recovery program started last year so the not to exceed
      amount of $211,389.96 is relevant for the 2012 contract.

      RESOLUTION 12-203
      Supervisor Dolin offered the following resolution and moves its adoption:

         Resolved that the Town Board of the Town of New Scotland does hereby enter into an
      agreement with the County of Albany for the Advanced Life Support service.
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  It is further resolved that the Supervisor be authorized to execute the agreement on behalf of the
Town of New Scotland.
Councilperson LaGrange seconded the motion.
Councilperson Mackay asked if this contract reflects any change in the delivery of services or any
change in the relationship between the services the County is providing and when they are
providing them and local volunteer squad. Supervisor Dolin said not for this year. Councilperson
LaGrange said there is a tentative attempt to work with VAA on covering them daily starting this
month. We’ve been in discussions with them. VAA is concerned about coverage during the day.
The sheriff was going to commit to covering the VAA district from 6AM-6PM Monday – Friday.
Councilperson Mackay asked if we are agreeing to that. Councilperson LaGrange said that’s a
separate trial situation. Supervisor Dolin said that has more to do with the next item.

All present and voting the motion carried (5 ayes).

  Resolution authorizing Supervisor to sign the 2012 EMT/D Services contract with Albany
   County, not to exceed $53,645.64.
Supervisor Dolin advised that this is for the 2012 contract. There is some discussion going on for
next year that we would do away with the daytime EMT on the basis that the County on its own
would provide the same service but that’s a long ways from being finalized. In that regard, there
was an informal agreement between the Albany County Sheriffs Department and the VAA on a
temporary trail basis to permit the current EMT to use the County ambulance and be the first
responder between 6AM-6PM weekdays which would relieve the VAA volunteers from having to
respond to any calls. This also would apply to the driver because the VAA can not always commit
that they have a driver during the day. Supervisor Dolin added that there have been informal
discussions on how to organize this for next year. This temporary experiment will help in formulate
what we do.

RESOLUTION 12-204
Supervisor Dolin offered the following resolution and moves its adoption:

   Resolved that the Town Board of the Town of New Scotland does hereby enter into an
agreement for EMT / D Service with the County of Albany with an amount not to exceed
$53,645.64.
   It is further resolved that the Supervisor be authorized to sign the contract on behalf of the Town
of New Scotland.
Councilperson LaGrange seconded the motion.

Councilperson LaGrange asked if these were the budgeted numbers. Mrs. Boehlke said that
budgeted number is slightly higher for both. Councilperson Mackay said he was prepared to vote
against this. He thought it would be helpful to have Commissioner Miller here along the VAA
squad’s perspective. Councilperson Mackay said this is a new concept and he wanted to make
sure the Board has input regarding the pilot. There is some concern amongst the volunteers.
Councilperson LaGrange said this is what we’ve been doing for the past several years. It doesn’t
change that at all. The VAA trial run is something that he and Supervisor Dolin met with the VAA,
the Sherriff and Onesquethaw Ambulance concerning because VAA had these short comings.
Onesquethaw has no short comings. When the sheriff was proposing possibly doing everything
Councilperson LaGrange asked them specifically to see if they could just do it for the Village.
Onesquethaw meets over 95% of their calls as first responders. There is nothing that affected in
this contract. It has nothing to do with what the sheriff is trying to help VAA out with. Supervisor
Dolin said this contract is for the daytime EMT. Regardless of what goes on with the ambulance
squad we still want to have this EMT available. There is only three months left in this contract.
What we do next year, will be up for discussion. Supervisor Dolin said he’s concerned about the
overall solution but we still have to pay the County for three-quarters of the year. They already
provided the service. Councilperson Mackay said at least some portion of the squad has long term
concerns about this. They have also acknowledged that there are times when they don’t have
driver coverage in the Village. Councilperson Mackay did think for the pilot program it would be
helpful to have the right people in the room. He was hesitant to make a decision. Councilperson
LaGrange said the pilot has nothing to do with this contract. VAA was asking us to fund two full
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      time EMT’s and that would take away all the revenue recovery plus additional expenses. Their
      representative stated to us that they don’t have the volunteers. This has nothing to do with the
      town. VAA decided with the County to undergo a pilot program. The agreement has nothing to do
      with the Town or Onesquethaw. Councilperson Mackay appreciated the information adding that
      the County has significant fiscal problems and he would flag this for evaluation in 2013. He added
      that he understands someone at the County is pushing hard on this.

      All present and voting the motion carried (5 ayes).

11.   New Salem Water District Actions:
       SEQR Resolution Negative Declaration
      Attorney Brennan explained the environmental review that had to be done. The Board was
      provided this resolution in advance along with the negative declaration. This satisfies the town’s
      obligation to comply with the environmental review requirements under state law. For the purpose
      of the funding that the district is getting from EFC there is a particular environmental review process
      that we are required to undertake. This will satisfy the requirements for EFC’s funding. Attorney
      Brennan recapped the negative declaration.

      RESOLUTION 12-205
           WHEREAS, a petition dated May, 2012, has been duly presented to the Town Board of the
      Town of New Scotland, according to law, requesting that a water district, as hereinafter described,
      be established in the Town of New Scotland; and

             WHEREAS, the boundaries of the proposed water district are as described in the legal
      description located at Schedule A to the Petition and are shown, along with the proposed
      improvements, on the map entitled “District Boundary and Distribution System” located at Schedule
      B to the Petition, both of which are incorporated by reference herein; and

            WHEREAS, a Map, Plan and Report having been prepared in the manner required by Town
      Law by Richard Mark Dempf, P.E., a competent engineer licensed by the State of New York, of
      Stantec Consulting, Inc., 3 Columbia Circle, Albany, New York 12203 (the “Project Engineer”)
      showing the boundary of the proposed district, a general plan of the water transmission lines,
      system and appurtenances; and said map, plan and report having been filed in the Office of the
      Town Clerk and which is incorporated herein by reference; and

            WHEREAS, the Town has caused to be prepared a Detailed Explanation of how the cost of
      hook-up fees and cost of the District to the typical property and the typical one or two family home
      was computed which is on file in the Office of the Town Clerk; and

            WHEREAS, the proposed boundaries and facilities of the New Salem Water District
      (Schedules A and B to the Petition) will encompass 154 residential and commercial properties
      generally described as being located in the vicinity of the intersection of New York State Route 85
      and New York State Route 85A and will also include facilities along Old New Salem Road, New
      Salem South Road, Meadowbrook Place and Rock Hill Road all as more particularly described and
      shown on the map located in the Petition at Schedule B. This area is generally referred to as the
      Hamlet of New Salem; and

              WHEREAS, as described in the Map, Plan and Report and as shown on Schedule B to the
      Petition, in general, the improvements will consist of an interconnection with the existing Bethlehem
      Water District pipeline located along Route 85, a proposed master meter pit, a booster pump
      station, the installation of a 200,000 gallon water storage tank adjacent to the New Scotland
      Highway Garage, two pressure reducing valves, and the installation of approximately 16,700 linear
      feet of 8-inch HDPE pipe and associated hydrants and appurtenances.

            WHEREAS, at the June 20, 2012 meeting of the Town of New Scotland Town Board, the
      Town Board adopted an Order Scheduling Public Hearing on the Petition to be held on July 11,
      2012; and

            WHEREAS, the Order Scheduling Public Hearing recited the description of the boundaries
      of the District in a manner sufficient to identify the lands included therein as in a deed of
      conveyance, the improvements proposed, the maximum amount proposed to be expended for the
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construction of the District, the proposed method of financing to be employed, the fact that a map,
plan and report describing the same are on file in the Town Clerk's office for public inspection and
specifying a date, time and location in the Town as the place where the Town Board would meet to
consider the establishment of the District and to hear all persons interested in the subject thereof
concerning the same, and for such other action on the part of the Town Board in relation thereto, as
may be required by Law; and

      WHEREAS, the Town Clerk of the Town of New Scotland published a certified copy of the
Order Scheduling Public Hearing in the June 28, 2012 edition of the Altamont Enterprise, posted a
copy of same on the sign-board of the Town of New Scotland and posted a copy on the Town’s
website, in the time and manner required by law.

       WHEREAS, a public hearing was held by the Town Board in the Town of New Scotland on
July 11, 2012, at 6:30 P.M. at the Town Office, 2029 New Scotland Road, Slingerlands, Town of
New Scotland, New York 12159 to consider the establishment of the New Salem Water District and
the water system improvements therein and to hear all persons interested in the subject thereof,
and

       WHEREAS, the Town Board is required to conduct an environmental review of this project in
accordance with the State Environmental Quality Review Act and the Regulations promulgated
thereunder, (collectively “SEQRA”) with respect to the formation, financing, construction and
operation of the New Salem Water District and the water system improvements therein (the
“Action”), and

       WHEREAS, in support of the Petition, the Project Engineer prepared a Full Environmental
Assessment Form (the “FEAF”) with respect to the formation, financing, construction and operation
of the New Salem Water District and the water system improvements within the boundaries of the
said District, and

        WHEREAS, in accordance with the requirements of the New York State Environmental
Facilities Corporation, the Action will be treated as a "Type I" action under SEQRA; and

       WHEREAS, in accordance with requirements of SEQRA, the Town Board must cause the
FEAF, petition and Engineer’s report to be circulated to all involved agencies and request that all
involved agencies consent or agree to the Town Board of the Town of New Scotland acting as
“Lead Agency” under SEQRA; and

       WHEREAS, by resolution dated August 8, 2012, the Town Board: (1) determined to conduct
a coordinated review under SEQRA for this matter; (2) declared its intention to be Lead Agency; (3)
determined to treat the action as Type I; and (4) directed Town staff take such actions to effectuate
that resolution; and

      WHEREAS, by letter dated August 9, 2012 the Town provided notice of its intention to be
Lead Agency to the other involved and interested agencies and provided those agencies a copy of
the FEAF and the Map, Plan and report; and

       WHEREAS, more than 30 days have elapsed since the Lead Agency Coordination Letter
was mailed and no other involved or interested agency has indicated an interest or willingness to
serve as Lead Agency.

IT IS HEREBY RESOLVED, by the Town Board of the Town of New Scotland, as follows:

1.        The Town Board of New Scotland hereby declares itself Lead Agency under SEQRA.

2.         The Town Board of the Town of New Scotland hereby finds and determines that the
formation, financing, construction and operation of the New Salem Water District be treated and
processed as a “Type I” action in accordance with the regulations of the NYS Environmental
Facilities Corporation.

3.       The Town Board of the Town of New Scotland hereby further finds and determines that
any identified environmental effects resulting from the formation, financing, construction and
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operation of the New Salem Water District and the water system improvements within said Water
District are not significant and there are otherwise no significant adverse environmental effects.

4.       The Town Board of the Town of New Scotland hereby approves the form and substance
of the Negative Declaration attached hereto and reviewed and analyzed by the Town Board
members at this meeting.

5.         The Town Clerk, Town Attorneys and other Town Staff are hereby authorized and
directed to file and deliver a copy of this Resolution and the Negative Declaration and to take such
other and further actions as are necessary or desirous to effectuate the purposes of this
Resolution.



The Foregoing resolution, offered by Supervisor Dolin and seconded by Councilperson LaGrange,
was duly put to a roll call vote as follows:


              COUNCILMAN LAGRANGE                          VOTING Aye
              COUNCILMAN HENNESSY                          VOTING Aye
              COUNCILMAN MACKAY                            VOTING Aye
              COUNCILWOMAN SNYDER                          VOTING Aye
              SUPERVISOR DOLIN                             VOTING Aye

   Addendum to SEQR Negative Declaration
          New Salem Water District - Formation, Financing, Construction and Operation
                     Town of New Scotland, Albany County, New York
                             Addendum to Negative Declaration

Description of Action and Project Description:

       The proposed New Salem Water District will include 154 residential and commercial properties
generally described as being located at the intersection of New York State Route 85 and New York State
Route 85A and will include facilities along Old New Salem Road, New Salem South Road, Meadowbrook
Place and Rock Hill Road. This area is referred to as the Hamlet of New Salem.

        The improvements will consist of an interconnection with the existing Bethlehem Water District
pipeline located along Route 85, a proposed master meter pit, a booster pump station, the installation of a
200,000 gallon water storage tank adjacent to the New Scotland Highway Garage, two pressure reducing
valves, and the installation of approximately 16,700 linear feet of 8-inch HDPE pipe and associated hydrants
and appurtenances (the “Water System”). A map of the proposed Water District Boundary and Water System
is attached hereto. Collectively this is referred to as the "Project" or the “Action".

       Approximately ten to twelve properties within the proposed district are currently served by the
Helderberg Spring (a/k/a Felter Spring) that is operated by the Bethlehem Water District and which the New
York State Department of Health has determined to be substandard and mandated that it be disconnected as a
source of water supply. Through certain water rights agreements, the Bethlehem Water District is
purportedly obligated to serve those customers still fed by the Helderberg Spring (the “Water Rights
Agreements”). The Bethlehem Water District has maintained disinfection (chlorination) to the spring but
remains concerned about the deteriorating water quality from the spring which is suspected to be surface
influenced.

       There are also approximately 75 water users in the proposed district in a “Permissive Service Area”
served directly from a 90 year old water line owned by Bethlehem. These users often experience low water
pressure and poor water quality.

       Many of the remaining residences located within the proposed district are served by private wells that
experience low production, go dry in drought cycles and are potentially under the influence of surface water
(“Substandard Wells”).

       The New Salem Water District will provide the mechanism and facilities to address the various
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existing Water Service Agreements, the Permissive Service Area, and Substandard Wells that currently exist
within the limits of the proposed Water District by providing an appropriate supply of potable water to the
properties within the Water District.

SEQRA Status:

        The Town Board of the Town of New Scotland has determined that the Action is subject to SEQRA.
In accordance with the requirements of the New York State Environmental Facilities Corporation, the Action
will be treated as a "Type I" action under SEQRA

NEGATIVE DECLARATION – FEAF PART 2 - DISCUSSION AND ELABORATION

Impact on Land

        The Project will not result in any significant impact on land. The project site is limited to that
necessary to construct the water distribution system, water storage tank and appurtenances. The majority of
the distribution piping will be installed along the shoulder or immediately adjacent to existing paved
roadways. The water storage tank will be constructed on land adjacent to the existing Town of New Scotland
Highway Garage facility. As such, the project involves a minimal disturbance of existing land conditions.
Given the location along existing roadways and on a developed parcel, the Project minimizes removal of
existing vegetation. Any impact(s) on land are exclusively confined to the construction phase, and will not
be continuous in their nature and scope. Standard sedimentation and erosion control techniques will be
implemented during construction and will mitigate any potential impact.

Impact on Water

        The Project will not result in any significant impact upon (a) any water body, protected or non-
protected, (b) surface or groundwater quality or quantity, or (c) drainage flow or patterns, inclusive of surface
water runoff.

        As previously stated, the project involves a limited amount of physical land disturbance and standard
sedimentation and erosion control techniques will be implemented. To the extent that there are stream
crossings or wetlands impacts that cannot be avoided by design changes (none are anticipated due to the
location along existing roads), appropriate permitting will occur and standard construction mitigation
measures will be employed.

        The Town of Bethlehem will be supplying the water for the Project. The Town of Bethlehem has
indicated that their water treatment plant has capacity which is already permitted and allowed to be utilized.
Because water will be provided from an existing previously permitted source with adequate supply, quantity
and quality, there is no impact on water.

        In addition, this project is primarily motivated by the need to provide public water to numerous
existing homes in the Hamlet of New Salem which are currently being served by wells which do not produce
adequate quantity or quality of water or are served by a spring that is influenced by surface water and
therefore subject to contamination. After the completion of the project, use of these wells for water supply
within the residences will be eliminated thereby reducing a significant amount of water withdrawal within the
Hamlet of New Salem.

Impact on Air

       The Project will not result in any significant impact on air quality. The Project does not involve or
concern any air quality issues or require an air permit. In addition, the Project largely serves existing homes
such that even a moderate amount of development is not anticipated. Therefore, no significant traffic-based
impact(s) exist. Impact(s) on air quality, if any, will be confined to the operation of standard construction
equipment during the construction phase which is considered to be negligible in scope and effect.

Impact on Plants and Animals

        The proposed Action will not result in any significant impact on threatened/non-threatened or
endangered/non-endangered species of plants or animals. As previously stated, this Project concerns the
disturbance of a relatively small amount of land, nearly all of which is along existing roadways. Given that
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the Project is along existing roads and developed areas, there is no impact expected on threatened/non-
threatened or endangered/non-endangered species of plants or animals.

Impact on Agricultural Land Resources

       The proposed Project will not result in any significant impact on agricultural land resources. Because
the project is in an area that is largely developed and the installation is along existing roads and developed
properties, there are no identified impacts to farming operations or agricultural land resources

Impact on Aesthetic Resources

        The proposed project will almost entirely be underground and therefore invisible to any aesthetic
resources. The water tank will essentially be the only aboveground portion of the project. The water tank is
proposed to be 30 feet tall (above-grade) and will be located immediately adjacent to the Town of New
Scotland Highway Garage facility. The height of the water tank has been kept to the minimum necessary to
provide adequate pressure so as to eliminate to the maximum extent practicable any impacts on the viewshed.
Given the municipal nature of the water tank along with its location in an area that is previously developed
and disturbed, there will be no impact on aesthetic resources.

Impact on Historic and Archeological Resources

        Given the underground placement of the facilities, it is not expected that the project will result in any
significant impact on site(s) or structure(s) of historic, prehistoric or paleontological importance. In the event
that any areas of archaeological resources are identified, the Town will comply with the requirements of the
State Historic Preservation Office with respect to the procedures employed to deal with such resources.


Impact on Open Space and Recreation

        The proposed sites will not result in any significant impact on the quantity or quality of existing or
future open spaces or recreational opportunities. This is addressed in detail under Impact on Land and Impact
on Growth.

Impact on Critical Environmental Areas

        This Project will not impact any Critical Environmental Area(s) as none exist in proximity to the
Project.

Impact on Transportation

       This Project will not result in any significant impact on existing transportation systems. Impacts on
transportation, if any, will be temporary in nature and confined to the construction phase only due to work
along existing roads. Standard traffic control techniques will be implemented during construction to mitigate
any such impact to the maximum extent practicable.

Impacts on Energy

        The Project will not result in any significant impact on the community’s sources of fuel or energy
supply. There will be some energy utilized during construction and there will be ongoing use of energy for
the pumping and treatment of the water. The utilization of energy in this matter is minor in nature and there
is no indication that there are any deficiencies within the power grid that affect the provision of energy to the
project given the extremely small amount of energy it will consume.

Noise and Odor Impact

       This Project will not result in any significant environmental impact due to objectionable odors, noise
or vibration. Any such impact(s) will be temporary in nature and confined to the construction phase. All
construction equipment will be equipped to properly mitigate noise and dust, properly muffled and otherwise
in compliance with OSHA standards

Impact on Public Health
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        The Project will not result in any significant impact on public health and safety. If anything, the
Project will have a beneficial impact on public health as treated water in sufficient quantities will be provided
to a number of homes that currently experience a lack of quality or quantity of their water.

Impact on Growth and Character of Community or Neighborhood

        This Project will not result in any significant impact on the character of the existing community. As
noted above, nearly all of the construction will be below grade and not visible. Moreover, the majority of the
project will serve existing homes and will not drive the creation of any significant number of new residences.
The Town of New Scotland has a Zoning Law and Subdivision Law in place which both regulates growth
and density. The majority of the proposed district is located within an area of the town zoned as Residential
Hamlet (RH) (where growth is generally expected to occur) and a minor portion is zoned as Residential
Agricultural (A). In the A district, because only public water is being provided, the minimum lot area will
not change from a one acre minimum lot. In the RH district, again since public water and sewer are not being
provided, the minimum lot area does not change from the existing requirement of 20,000 square feet. As
noted above, the boundaries of the proposed district were carefully crafted to include, to the extent
practicable, only those areas of the Hamlet of New Salem as were necessary to provide public water to those
areas affected by substandard water supply.

        Additionally, the computation of required water amounts for design purposes and the water supply
contract amount agreed to between the Town of New Scotland and the Town of Bethlehem have been done
so as to account for the 10,000,000 gallons per year for the subject project area. This amount has been
calculated carefully, addressing the needs of the existing customers of the permissive service area as its basis
and then extrapolating to the rest of the proposed district’s area.

                                       NEGATIVE DECLARATION

        After reviewing the Full EAF submitted herewith, together with the documentation provided, the
Town Board of the Town of New Scotland, hereby concludes that an Environmental Impact Statement (EIS)
will not be required for the proposed Project because (a) this Action will result in no adverse environmental
impacts, or (b) that the identified adverse environmental impacts will not be significant (see 6 NYCRR §
617.7 (a) (2)


 Resolution Approving Establishment of the New Salem Water District
Attorney Brennan asked the Board to consider the resolution to form the district. In the next two
weeks, he and Engineer Dempf will be submitting the application to the State Comptroller’s office.
That needs to be submitted for approval because they have certain limits on the expenses for
various households. That’s in the process of being put together and will be sent to the Board in
draft form very quickly. Attorney Brennan will move that thought and once we have the
Comptroller’s sign off the Board would pass a final resolution authorizing the district. Ultimately we
will also have to pass a resolution regarding the water supply agreement with the Town of
Bethlehem. That is in process but there are a couple of details that need to be worked out.
Councilperson Snyder asked if that’s the inter-municipal agreement. Attorney Brennan said it was.

RESOLUTION 12-206
       WHEREAS, a petition dated May 2012 has been duly presented to the Town Board of the
Town of New Scotland, according to law, requesting that a water district, as hereinafter described,
be established in the Town of New Scotland; and

      WHEREAS, the boundaries of the proposed water district are as described in Schedule A to
the Petition which is set forth as a Exhibit A hereto; and

      WHEREAS, a map, plan and report having been prepared in the manner required by Town
Law by Richard Mark Dempf, P.E., a competent engineer licensed by the State of New York, of
Stantec Consulting, Inc., 3 Columbia Circle, Albany, New York 12203 (the “Project Engineer”)
showing the boundary of the proposed district, a general plan of the water transmission lines,
system and appurtenances; and said map, plan and report having been filed in the Office of the
Town Clerk; and

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      WHEREAS, the Town has caused to be prepared a Detailed Explanation of how the cost of
hook-up fees and cost of the District to the typical property and the typical one or two family home
was computed which is on file in the Office of the Town Clerk; and

       WHEREAS, the proposed New Salem Water District will include 154 residential and
commercial properties generally described as being located at the intersection of New York State
Route 85 and New York State Route 85A and will include facilities along Old New Salem Road,
New Salem South Road, Meadowbrook Place and Rock Hill Road. This area is generally referred
to as the Hamlet of New Salem; and

        WHEREAS, the improvements will consist of an interconnection with the existing Bethlehem
Water District pipeline located along Route 85, a proposed master meter pit, a booster pump
station, the installation of a 200,000 gallon water storage tank adjacent to the New Scotland
Highway Garage, two pressure reducing valves, and the installation of approximately 16,700 linear
feet of 8-inch HDPE pipe and associated hydrants and appurtenances; and

      WHEREAS, at the June 20, 2012 meeting of the Town of New Scotland Town Board, the
Town Board adopted an Order Scheduling Public Hearing on the Petition to be held on July 11,
2012; and

       WHEREAS, the Order Scheduling Public Hearing recited the description of the boundaries
of the District in a manner sufficient to identify the lands included therein as in a deed of
conveyance, the improvements proposed, the maximum amount proposed to be expended for the
construction of the District, the proposed method of financing to be employed, the fact that a map,
plan and report describing the same are on file in the Town Clerk's office for public inspection and
specifying a date, time and location in the Town as the place where the Town Board would meet to
consider the establishment of the District and to hear all persons interested in the subject thereof
concerning the same, and for such other action on the part of the Town Board in relation thereto, as
may be required by Law; and

      WHEREAS, the Town Clerk of the Town of New Scotland published a certified copy of the
Order Scheduling Public Hearing in the June 28, 2012 edition of the Altamont Enterprise, posted a
copy of same on the sign-board of the Town of New Scotland and posted a copy on the Town’s
website, in the time and manner required by law.

       WHEREAS, a public hearing was held by the Town Board in the Town of New Scotland on
July 11, 2012, at 6:30 P.M. at the Town Office, 2029 New Scotland Road, Slingerlands, Town of
New Scotland, New York 12159 to consider the establishment of the New Salem Water District and
the water system improvements therein and to hear all persons interested in the subject thereof,
and

       WHEREAS, the Town Board conducted an environmental review of this project in
accordance with the State Environmental Quality Review Act and the Regulations promulgated
there under, collectively “SEQRA” with respect to the formation, financing, construction and
operation of the New Salem Water District and the water system improvements therein, and

       WHEREAS, the Town Board has determined by a Resolution dated September 12, 2012
that the formation, financing, construction and operation of said New Salem Water District will not
have a significant adverse effect on the environment and accordingly a Negative Declaration under
SEQRA was issued.

IT IS HEREBY:

FOUND AND DETERMINED that the said Petition dated May 2012, for the formation, financing,
construction and operation of the New Salem Water District and the municipal water system therein
in the Town of New Scotland, Albany County, New York is signed, and acknowledged or proved, or
authenticated, as required by law and is otherwise sufficient and complies with the provisions of
Section 191 of the Town Law of the State of New York, and such other sections of said Law as are
applicable thereto, and be it further

FOUND AND DETERMINED, by the Town Board of the Town of New Scotland that the Notice of
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Public Hearing was published and posted as required by Town Law and is otherwise sufficient; and
that annexed hereto as Exhibit “A” – District Boundaries - Legal Description is a description of
the boundaries of the New Salem Water District as finally determined, and be it further

FOUND AND DETERMINED, by the Town Board of the Town of New Scotland that: (1) it is in the
public interest to grant the whole relief sought by said Petition and approve the establishment of the
New Salem Water District; (2) that all of the property and property owners within said proposed
New Salem Water District are benefited thereby; (3) all property or property owners benefited are
included within said proposed New Salem Water District; (4) and that no property or property
owners benefited thereby have been excluded therefrom, and be it further

RESOLVED, that the New Salem Water District described aforesaid shall be established in said
Town of New Scotland, as described in Exhibit “A” – District Boundaries - Legal Description
and annexed hereto, to be known as the New Salem Water District and to include all the property
described therein, and be it further

RESOLVED, that the Town Supervisor is authorized and directed to take all actions necessary to
apply for and to make application to any other Governmental agency whose approval may be
required, and be it further

RESOLVED, that within ten (10) days after adoption of this resolution, that the Town Clerk be and
she is hereby authorized and directed to file a certified copy of this Resolution, in duplicate, in the
Office of the New York State Comptroller, together with an Application, in duplicate, for permission
to so create said New Salem Water District, in the manner and form prescribed by Town Law, and
be it further

RESOLVED, that the Town Clerk, Attorneys for the Town and other Town employees and agents
are hereby authorized and directed to take such other or further actions as are necessary or
desirous to effectuate the purposes of this Resolution.

The Foregoing resolution, offered by Supervisor Dolin and seconded by Councilperson Hennessy,
was duly put to a roll call vote as follows:


              COUNCILMAN LAGRANGE                       VOTING Aye
              COUNCILMAN HENNESSY                       VOTING Aye
              COUNCILMAN MACKAY                         VOTING Aye
              COUNCILWOMAN SNYDER                       VOTING Aye
              SUPERVISOR DOLIN                          VOTING Aye

Exhibit “A” – District Boundaries - Legal Description
      Beginning at the Point of Beginning, said point describing the northwest corner of Albany
      County, New York tax map parcel 83.-2-1.1

       (1)   Thence in a southeasterly direction, 300 feet, more or less, to a point, said point being
       the southwesterly corner of tax map parcel 83.-2-1.1;

       (2)    Thence in a southerly direction, 60.22 feet, more or less, to a point, said point also
       being the northwesterly corner of tax map parcel 83.-1-11.4;

       (3)   Thence in an easterly direction, 400 feet, more or less, to a point, said point being the
       northeasterly corner of tax map parcel 83.-1-11.4;

       (4)   Thence in an southerly direction, 300 feet, more or less, to a point, said point being
       the southeasterly corner of tax map parcel 83.-1-11.4;

       (5)   Thence in a westerly direction, 400 feet, more or less, to a point, said point being the
       southwesterly corner of tax map parcel 83.-1-11.4;

       (6)    Thence in a northwesterly direction, 100 feet, more or less, to a point, said point also

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being the northeasterly corner of tax map parcel 83.-1-11.52;

(7)   Thence in a westerly direction, 450 feet, more or less, to a point along the northerly
property line of tax map parcel 83.-1-11.52;

(8)    Thence in a southerly direction, 470 feet, more or less, to a point, said point also
being the southwesterly corner of tax map parcel 83.-1-11.52;

(9)   Thence in a southerly direction, 300 feet, more or less, to a point, said point also
being a northwesterly corner of tax map parcel 83.-1-11.53;

(10) Thence in a northeasterly direction, 300 feet, more or less, to a point, said point being
the northeasterly corner of tax map parcel 83.-1-11.53;

(11) Thence in a southeasterly direction, 300 feet, more or less, to a point, said point being
the southeasterly corner of tax map parcel 83.-1-11.53;

(12) Thence in a northeasterly direction, 1130 feet, more or less, to a point along the
southeasterly property line of tax map parcel 83.-1-11.11, said point also being the
northeasterly corner of tax map parcel 83.-1-38.20;

(13) Thence in a southeasterly direction, 880 feet, more or less, to a point, said point also
being the northeasterly corner of tax map parcel 83.-1-38.10;

(14) Thence in a southeasterly direction, 220 feet, more or less, to a point, said point being
the southeasterly corner of tax map parcel 83.-1-38.10;

(15) Thence in a southeasterly direction, 140 feet, more or less, to a point, said point also
being the northeasterly corner of tax map parcel 83.-1-37.3;

(16) Thence in a southeasterly direction, 250 feet, more or less, to a point, said point being
the southeasterly corner of tax map parcel 83.-1-37.3;

(17) Thence in a southwesterly direction, 330 feet, more or less, to a point, said point
being the southwesterly corner of tax map parcel 83.-1-37.3;

(18) Thence in a southwesterly direction, 150 feet, more or less, to a point along the
northeasterly property line of tax map parcel 82.-4-44;

(19) Thence in a southwesterly direction, 150 feet, more or less, to a point along a
northerly property line of tax map parcel 82.-4-44;

(20) Thence in a northwesterly direction, 164.4 feet, more or less, to a point, said point
also being the southwesterly corner of tax map parcel 82.-4-41;

(21) Thence in a southwesterly direction, 80 feet, more or less, to a point along the
southwesterly property line of tax map parcel 82.-4-40;

(22) Thence in a southwesterly direction, 90 feet, more or less, to a point along the
southwesterly property line of tax map parcel 82.-4-38;

(23) Thence in a southwesterly direction, 160 feet, more or less, to a point, said point also
being the northwesterly corner of tax map parcel 82.-4-37;

(24) Thence in a southeasterly direction, 480 feet, more or less, to a point, said point also
being the southwesterly corner of tax map parcel 82.-4-44;

(25) Thence in a southeasterly direction, 140 feet, more or less, to a point, said point also
being the northwesterly corner of tax map parcel 82.-4-46;


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(26) Thence in a southwesterly direction, 200 feet, more or less, to a point, said point
being a northeasterly corner of tax map parcel 82.-4-28.4;

(27) Thence in a southerly direction, 90 feet, more or less, to a point along the curve of the
northeasterly property boundary, also being the northeasterly corner of tax map parcel 82.-4-
28.4;

(28) Thence in a southeast direction, 300 feet, more or less, to a point along the curve of
the easterly property boundary of tax map parcel 82.-4-28.4;

(29) Thence in a southwesterly direction, 200 feet, more or less, to a point along the
southerly property line of tax map parcel 82.-4-28.4;

(30) Thence in a northwesterly direction, 188.5 feet, more or less, to a point, said point
also being the southeasterly corner of tax map parcel 82.-4-28.3;

(31) Thence in a southwesterly direction, 416.62 feet, more or less, to a point, said point
being the southwesterly corner of tax map parcel 82.-4-28.3;

(32) Thence in a northwesterly direction, 1,020 feet, more or less, to a point, said point
also being the easterly corner of tax map parcel 82.-4-55.2;

(33) Thence in a northwesterly direction, 300 feet, more or less, to a point, said point being
the northeasterly corner of tax map parcel 82.-4-55.2;

(34) Thence in a northwesterly direction, 310 feet, more or less, to a point, said point also
being the northeasterly corner of tax map parcel 82.-4-55.1;

(35) Thence in a northwesterly direction, 220 feet, more or less, to a point, said point also
being the northeasterly corner of tax map parcel 82.-4-57.11;

(36) Thence in a northwesterly direction, 330 feet, more or less, to a point, said point also
being the northeasterly corner of tax map parcel 82.-4-57.12;

(37) Thence in a northwesterly direction, 170 feet, more or less, to a point, said point also
being the southerly corner of tax map parcel 82.-4-59.23;

(38) Thence in a northwesterly direction, 290 feet, more or less, to a point, said point also
being the northeasterly corner of tax map parcel 82.-4-57.2;

(39) Thence in a southwesterly direction, 1,170 feet, more or less, to a point, said point
also being the westerly corner of tax map parcel 82.-4-57.2;

(40) Thence in a northeasterly direction, 350 feet, more or less, to a point, said point also
being the southeasterly corner of tax map parcel 82.-2-9;

(41) Thence in a southwesterly direction, 80 feet, more or less, to a point along the
southerly property line of tax map parcel 82.-2-9;

(42) Thence in a northwesterly direction, 250 feet, more or less, to a point along the
northwesterly property line of tax map parcel 82.-2-9;

(43) Thence in a northerly direction, 570 feet, more or less, to a point, said point also
being the southeasterly corner of tax map parcel 82.-1-32.2;

(44) Thence in a northerly direction, 220 feet, more or less, to a point, said point also
being the southwesterly corner of tax map parcel 82.-1-11;

(45)   Thence in a northeasterly direction, 220 feet, more or less, to a point, said point also


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being the southwesterly corner of tax map parcel 82.-2-12;

(46) Thence in a northwesterly direction, 170 feet, more or less, to a point along the
southwesterly property line of tax map parcel 82.-2-8;

(47) Thence in a northeasterly direction, 60 feet, more or less, to a point along the
westerly property line of tax map parcel 82.-2-8;

(48) Thence in a northwesterly direction, 220 feet, more or less, to a point, said point being
the northwesterly corner of tax map parcel 82.-2-8;

(49) Thence in a easterly direction, 280 feet, more or less, to a point along the easterly
property line of tax map parcel 82.-2-8;

(50) Thence in a northeasterly direction, 50 feet, more or less, to a point along the
southwesterly property line of tax map parcel 82.-2-14;

(51) Thence in a northwesterly direction, 130 feet, more or less, to a point along the
westerly property line of tax map parcel 82.-2-14;

(52) Thence in a northwesterly direction, 160 feet, more or less, to a point along the
westerly property line of tax map parcel 82.-2-14;

(53) Thence in a northeasterly direction, 100 feet, more or less, to a point, said point being
the northerly corner of tax map parcel 82.-2-14;

(54) Thence in a northerly direction, 90 feet, more or less, to a point along the southerly
property line of tax map parcel 82.-2-15.20;

(55) Thence in a northwesterly direction, 660 feet, more or less, to a point, said point being
a westerly corner of the tax map parcel 82.-2-15.20;

(56) Thence in a northeasterly direction, 370 feet, more or less, to a point, said point also
being the southwesterly corner of the tax map parcel 82.-2-15.10;

(57) Thence in a northwesterly direction, 290 feet, more or less, to a point, said point being
the northwesterly corner of the tax map parcel 82.-2-15.10;

(58) Thence in a northeasterly direction, 629.36 feet, more or less, to a point along the
southerly property line of tax map parcel 82.-2-16;

(59) Thence in a northeasterly direction, 191 feet, more or less, to a point along the
southerly property line of tax map parcel 82.-2-17;

(60) Thence in a northeasterly direction, 60 feet, more or less, to a point along the
southeasterly property line of tax map parcel 82.-2-17;

(61) Thence in a northeasterly direction, 92 feet, more or less, to a point along the
southeasterly property line of tax map parcel 82.-2-17;

(62) Thence in a northeasterly direction, 373.32 feet, more or less, to a point, said point
also being the southwesterly corner of tax map parcel 82.-2-19;

(63) Thence in a easterly direction, 488.4 feet, more or less, to a point, said point being
the southeasterly corner of the tax map parcel 82.-2-19;

(64) Thence in a southeasterly direction, 218.8 feet, more or less, to a point along the
southerly property line of tax map parcel 82.-2-20;

(65)   Thence in a northeasterly direction, 85 feet, more or less, to a point along the

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northeasterly property line of tax map parcel 82.-2-20;

(66) Thence in a northerly direction, 625 feet, more or less, to a point, said point also
being a northwesterly corner of tax map parcel 82.-2-36;

(67) Thence in a northeasterly direction, 125 feet, more or less, to a point, said point also
being the southwesterly corner of tax map parcel 82.-2-39;

(68) Thence in a northwesterly direction, 225 feet, more or less, to a point, said point being
the northwesterly corner of tax map parcel 82.-2-39;

(69) Thence in a northwesterly direction, 430 feet, more or less, to a point, said point also
being the northwesterly corner of tax map parcel 82.-2-40.1;

(70) Thence in a northeasterly direction, 670 feet, more or less, to a point, said point being
the northeasterly corner of tax map parcel 82.-2-40.1;

(71) Thence in a southeasterly direction, 60 feet, more or less, to a point said point also
being the northwesterly corner of tax map parcel 82.-3-40;

(72) Thence in a southeasterly direction, 410 feet, more or less to a point, said point being
the northeasterly corner of tax map parcel 82.-3-40;

(73) Thence in a southeasterly direction, 155 feet, more or less to a point, said point being
the southeasterly corner of tax map parcel 82.-3-40;

(74) Thence in a southwesterly direction, 400 feet, more or less, to a point, said point
being the southwesterly corner of tax map parcel 82.-3-40;

(75) Thence in a southeasterly direction, 47.6 feet, more or less, to a point, said point also
being the northwesterly direction of tax map parcel 82.-3-14.2;

(76) Thence in a northeasterly direction, 210 feet, more or less, to a point, said point being
the northwesterly corner of tax map parcel 82.-3-14.2;

(77) Thence in a southeasterly direction, 100 feet, more or less, to a point, said point being
the southeasterly corner of tax map parcel 82.-3-14.2;

(78) Thence in a southeasterly direction, 100 feet, more or less, to a point, said point also
being the southeasterly corner of tax map parcel 82.-3-15;

(79) Thence in a northeasterly direction, 484.15 feet, more or less, to a point, said point
being within tax map parcel 82.-3-14.1;

(80) Thence in a southeasterly direction, 288.87 feet, more or less, to a point being within
tax map parcel 82.-3-14.1;

(81) Thence in a southwesterly direction, 217.13 feet, more or less, to a point, said point
also being the northeasterly corner of tax map parcel 82.-3-20.1;

(82) Thence in a southeasterly direction, 250 feet, more or less, to a point, said point being
the southeasterly corner of tax map parcel 82.-3-20.1;

(83) Thence in a southwesterly direction, 290 feet, more or less, to a point, said point
being the southwesterly corner of tax map parcel 82.-3-20.1;

(84) Thence in a southerly direction, 110 feet, more or less, to a point along the easterly
property line of tax map parcel 82.-3-21;

(85)   Thence in a southeasterly direction, 400 feet, more or less, to a point also being the

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            southeasterly corner of tax map parcel 82.-3-31;

            (86) Thence in a northeasterly direction, 114 feet, more or less, to a point, said point also
            being the southwesterly corner of tax map parcel 82.-3-1.4;

            (87) Thence in a northeasterly direction, 298.29 feet, more or less, to a point, said point
            being the southeasterly corner of tax map parcel 82.-3-1.4;

            (88) Thence in a northwesterly direction, 205 feet, more or less, to a point, said point also
            being the northwesterly corner of tax map parcel 83.-2-1.20;

            (89) Thence in a northeasterly direction, 675 feet, more or less, to a point, said point being
            the northeasterly corner of tax map parcel 83.-2-1.20;

            (90) Thence in a southeasterly direction, 175 feet, more or less, to a point along the
            easterly property line of tax map parcel 83.-2-1.20;

            (91) Thence in a northeasterly direction, 130 feet, more or less, to a point, said point also
            being the northeasterly corner of tax map parcel 83.-2-1.3;

            (92) Thence in a southeasterly direction, 360 feet, more or less, to a point, said point being
            the southeasterly corner of tax map parcel 83.-2-1.3;

            (93) Thence in a southwesterly direction, 350 feet, more or less, to a point, said point
            being the southwesterly corner of tax map parcel 83.-2-1.3;

            (94) Thence in a southwesterly direction, 393.32 feet, more or less, to a point, said point
            also being the southwesterly corner of tax map parcel 83.-2-1.20;

      Thence in a southwesterly direction, 60 feet, more or less to the Point Of Beginning, containing
      353.44 acres, more or less, as shown on a map titled “District Boundary and Distribution System,
      Proposed New Salem Water District.”, dated March 2012 and prepared by Stantec Consulting
      Services, Inc.

       Resolution Authorizing Application to the State Comptroller
      Attorney Brennan requested the Board tabled this resolution. The Comptroller’s office would rather
      have it voted on after the application is prepared and filed. This can be done at the next meeting.

16.   Highway/Parks:

       Discussion/Action re: condition of Clarksville Water District’s well house.
      Highway Superintendent Guyer wanted to address the Winnie Lane pump house which houses part
      of our SCADA system. The building needs a new roof and some of the rotten wood needs to be
      addressed and painted. There is money in the budget and we can do the work in house.
      Supervisor Dolin asked what’s needed from the Board. Mrs. Boehlke said she would look for
      approval to do the work with the anticipation of a budget modification. Highway Superintendent
      Guyer said it will be less than $2,000.

      RESOLUTION 12-207
      Supervisor Dolin offered the following resolution and moves its adoption:

         Resolved that the Highway Department employees are authorized to perform repairs and
      upgrading work on the Clarksville Water District well house and that Highway Superintendent
      Guyer be authorized to insure such expenses to accomplish the repairs not to exceed $4,000.
      Councilperson Snyder seconded the motion. All present and voting, the motion carried (5 Ayes).

       Submission of Annual Vehicle & Equipment Inventory
      Highway Superintendent Guyer submitted his annual inventory to the Board.

         Discuss re: dogs within Town Parks
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Animal Control Officer Schenmeyer has had numerous complaints regarding dogs in the park.
Highway Superintendent Guyer also had concerns. Our law states that your pet must be under
your control. Highway Superintendent Guyer suggested pets be leashedd in the park so we can
enforce it. Animal Control Officer Schenmeyer has had several complaints regarding loose dogs
coming from Salem Hills or dogs that people have in the wooded areas. We have a cross county
team that runs there on a regular basis. Highway Superintendent Guyer said we haven’t had any
complaints from them but why wait for something to happen. The elementary kids are also doing
intramurals this fall and they usually run in the park. Officer Schenmeyer thought it was relevant
that the kids and people use the park. He felt they we’re not using the park if a dog is approaching
them being aggressive. Mr. Callendar walks in the park every day at 6:30 AM and said nobody is
there. He also takes his dog there around 7:30PM in the summer and nobody is there. If we’re
going to worry about dogs we should also worry about the people playing softball and drinking.
Supervisor Dolin asked if time restraints would be a suitable compromise. Mr. Callendar and Mr.
Abrams said they’re there every morning with a few others. Mr. Abrams said he’s never seen a
problem. He felt that a lot of times the problem is the people not the dogs. Mr. Abrams felt there
had to be a certain responsibility on the part of owner and we shouldn’t legislate to the lowest
common dominator. Mr. Abrams thought time restraints might be a good idea but to say dogs need
to be on a leash all the time is over kill. Councilperson Hennessy asked about the leash law.
Attorney Naughton said our law says you have to have your dog under control. Supervisor Dolin
asked about a dog park. Mr. Callendar said his dog likes to run. Supervisor Dolin recapped the
history of our law saying that at the time people thought we could get by with having dogs under
control. At that time they were thinking about neighborhoods. They didn’t talk about it in the context
of the park. Supervisor Dolin asked Officer Schenmeyer if time restraints would help. Officer
Schenmeyer thought people would ignore it. Mr. Callendar thought Supervisor Dolin was looking
for a balance. Supervisor Dolin asked about the complaints. Officer Schenmeyer said he had a
complaint at 6:30AM on a Saturday morning. The person was complaining about more than one
dog. The individual lived in Salem Hills. Mr. Abrams asked if the dogs were running free. Officer
Schenmeyer said the individual didn’t see the owner. Mr. Abrams said that’s a different story.
That’s not a dog under control. Supervisor Dolin asked Highway Superintendent Guyer and Officer
Schenmeyer to explore this. Highway Superintendent Guyer said in Bethlehem no dogs are
allowed in their parks. Mr. Abrams said but at the Albany Municipal Golf Course before golf season
there are dozens of dogs running free and there are no problems. He felt it all boils down to
knowing your dog and controlling your dog. Mr. Abrams said it sounds like these are wild
uncontrolled dogs. Maybe we should solve the problem of these unattached dogs running around.
Officer Schenmeyer then asked who picks up after the dogs. Mr. Abrams and Mr. Callendar said
we do along with other garbage. Officer Schenmeyer said he’s just trying to alleviate a problem
that he’s heard from several people over the past several years. Mr. Abrams thought the problem
was dogs that are unsupervised. Highway Superintendent Guyer said he was just trying to prevent
a problem down the road. Supervisor Dolin agreed adding that if it’s Saturday at noon time, I don’t
think we should have dogs unleashed especially if there is an event going on. Last week there was
a cross country meet. Highway Superintendent Guyer said they want to have another one in the
fall. The elementary school goes there. They are running intramurals for the 3 rd, 4th and 5th
graders after school. Supervisor Dolin thought it was important that this was brought to the Board’s
attention. He suggested the Board think about it. He also asked Highway Superintendent Guyer
and Officer Schenmeyer to put some effort into finding out who owns these unsupervised dogs.
Officer Schenmeyer said he was out there. Supervisor Dolin asked how the Board wanted to
proceed. Councilperson Mackay felt that no one using the park should have the experience like the
several parties who complained. Councilperson Mackay also agreed that if it is unescorted dogs it
does present an interesting challenge. Councilperson Mackay thought one possible compromise is
a leash requirement during more user intense times of the day. Mr. Abrams said even if you have
a 24 hour a day leash law it won’t address the problem. Supervisor Dolin tabled this until October.

 Voorheesville Lacrosse Team
Highway Superintendent Guyer requested approval for the Voorheesville Lacrosse Team to
use the Swift Road Park
RESOLUTION 12-208
Supervisor Dolin offered the following resolution and moves its adoption:

   Resolved that the Town Board of the Town of New Scotland does here by approve the use of
the Swift Road Park by Voorheesville Lacrosse Team this fall.

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      Councilperson Snyder seconded the motion. All present and voting, the motion carried (5 Ayes).


17.   Engineering:
       Discussion re: Krumkill Rd Emergency Relief Project Agreement
      Engineer Dempf prepared a summary of telephone conversations he had with NYS DOT regarding
      additional funding through them for 15% of the 20% match. Some of the rules have been changed
      and other towns awarded this money have gone to their representatives to put pressure on DOT to
      have equal access to the 15% funding. Engineer Dempf didn’t know if they had been successful
      but the commissioner has been told that he should allocate the funding. To rebuild Krumkill Road
      back in the old location is $2.5 million and we’ve shown the state that we can do that for about
      $900,000. Therefore, what we’re going to ultimately end up with is $1.5 million as opposed to $2.5
      million. Supervisor Dolin asked out of the $1.5 million how much is FEMA. Engineer Dempf said
      80% which is roughly $1.2 million. Supervisor Dolin said we have to come up with 5% but it’s
      possible we’d be in for 20%, which is almost $500,000. It has to be balanced off with the $178,000
      that we already spent on the road. If we don’t do anything we are going to be into it for $178,000
      and we’d have a roadway that doesn’t meet standards. Supervisor Dolin asked if we try to finish it
      off and don’t go for any grants what it would cost. Engineer Dempf thought another $200,000 and
      we’d probably have to tear up some of the road and buy the property. Engineer Dempf said since
      the road is on the federal aid highway system we would still have to bring it up to a certain
      standard. Engineer Dempf hoped bringing it up to that standard would only be another $200,000.
      Supervisor Dolin said if we’re not going to get any funds why do we care about the federal aid
      highway system. Engineer Dempf said you don’t have a choice because it’s designated by the
      federal government as a commuter road which is eligible for state and federal funding. The
      quandary we have is we were going to be eligible for the 15% if we did the project on our own.
      Now we’re being penalized because somebody decided that they did not want to give up the
      funding for projects receiving emergency relief. Engineer Dempf said that’s why they are urging
      you to speak to your representatives to talk to the commissioner. Supervisor Dolin asked if we are
      under any deadlines adding that he hasn’t asked for permission to sign the contract because he’s
      concerned. Engineer Dempf said the issue here is that the state has already committed the money.
      Supervisor Dolin said the dilemma is if we go forward hoping to get the 15% we could be out
      $180,000. We’re always in it for the 5% and we’re always in it for the $178,000. Engineer Dempf
      said really what we’re talking about is it’s something that was already spent. Supervisor Dolin
      asked if we don’t do another thing are they going to force up to comply. Engineer Dempf said yes.
      None of what we’ve done meets any standards. Engineer Dempf didn’t know of anyone that’s ever
      been in this position. At the time the emergency fund is just that and no one has ever turned it
      down and they’ve always figured out a way to complete the rest of the project. Engineer Dempf
      said most of the problem with what’s wrong with the rest of the project is that the process to access
      the money is very costly and there are no cutting corners. Supervisor Dolin asked Engineer Dempf
      to frame the decision in terms of if thing go bad what we’ll be out. Engineer Dempf thought he did
      that but will address it again at the October meeting. In closing, Engineer Dempf advised the Board
      that he has support from the existing people in the County to help with a reduction in the speed limit
      to 30 mph which will help us in reducing the curvature also.

         Change Order request for General Engineering Services increasing agreement from
          $30,000 to $43,668.50
      Engineer Dempf said they were over budget by approximately $3,668. He extrapolated that to the
      end of the year so it looks like it’s an additional $13,600. Engineer Dempf was told by Mrs.
      Kavanaugh that the town’s accounting is different then his. The town’s accounting says he has
      money left but it also hasn’t accounted for the fact that some of the items that Stantec has done,
      like some of the New Salem work, was charged to the Town Board. Stantec hasn’t charged
      anything to the New Salem project since March. Engineer Dempf said now that we passed the
      district we have the next phase of work. Engineer Dempf has to frame that for the Town Board
      anyway. Mrs. Boehlke said we have a capital project and those cost have been assigned to it.
      Supervisor Dolin said we authorized the Engineer to spend a certain amount of money. Engineer
      Dempf said I am done but we’re into the next phase now so he needs to set up a new contract
      anyway. Supervisor Dolin suggested amending the current contract up to $40,000 to get us though
      until the next meeting.

      RESOLUTION 12-209
      Supervisor Dolin offered the following resolution and moves its adoption:
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         Resolved that the current contract for general engineering between Stantec, Inc., and the Town
      of New Scotland be amended to provide that the not to exceed amount is increased to $40,000.
      Councilperson Snyder seconded the motion. All present and voting, the motion carried (5 Ayes).

           Wolf Hill Bridge and Countryman Lane
      Supervisor Dolin said that we haven’t gotten any funding for Wolf Hill Bridge or Countryman Lane
      although a grant was entered into with USDA. We don’t have blue books and he wanted the Board
      to know they’re in limbo and we’ll have to see what’s going on. Engineer Dempf said they keep
      saying it’s in the file and it was approved.

          Engineer Report
      Councilperson Snyder asked about the draft engineering feasibility study for Normans kill Krumkill
      Road. Engineer Dempf advised that he met with three people on Krumkill and they discussed the
      formation of a district. Engineer Dempf has a draft prepared. Supervisor Dolin said this is more of
      a Krumkill Road issue. It was prompted by the idea that there would be water available from
      Kensington Woods. The people thought it might be more feasible because they might be closer to
      that source then any other source.

      Councilperson Snyder asked about the lighting at the Community Center. Supervisor Dolin said
      that Mrs. Ernst was there for a Historical meeting and there were no lights. Highway
      Superintendent Guyer said apparently the power had gone off but it’s been fixed. Mrs. Ernst
      thought it would seem logical to put in lights that are tripped by motion and or darkness. Supervisor
      Dolin added that the lighting itself isn’t adequate. Supervisor Dolin added that Stantec had
      proposed lights on street poles which may be the ultimate solution but like all town facilities, it’s
      last on the priority list. Supervisor Dolin said we’ll look into it in house.

19.   Liaison Reports

20.   Departmental Monthly Reports:
       Town Clerk, August 2012
       Town Justice Wukitsch, July 2012
       Registrar, July and August 2012

21.   Invitation to the Public to Discuss Non-Agenda Items

22.   Pay the Bills
      RESOLUTION 12-210
      Supervisor Dolin offered the following resolution and moves its adoption:

                                                 Pay the Bills
                                     Vouchers                    Amount
                              20120866-20120949                        $99,130.80


                                               Pay the Prepays
                                     Vouchers                    Amount
                              20120857-20120859                        $ 3,413.88
                              20120860                                   $ 324.92
                              20120861-20120862                        $33,751.95
                              20120863-20120865                         $1,470.39

      Councilperson Snyder seconded the motion. All present and voting the motion carried (4 ayes, 1
      abstention.) Councilperson LaGrange abstained since he was out of town and unable to review
      them.

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23.   Approve any Budget Modifications
      RESOLUTION 12-211
      Supervisor Dolin offered the following resolution and moves its adoption:

       Whereas, there is a need to provide additional funding for amounts made or to be made in
       excess of the appropriation provided in the adopted budget, the Town Board resolves to
       provide funding as follows:

       FROM                CODE               TO                    CODE                  AMOUNT
                                              Sup.                                        $546.00
       Fund Balance        DB0909                                   A5010.4
                                              Highway/Contr.
       To appropriate money from fund balance to Superintendent Highway/Contractual for several
       items including mileage for FEMA application and K. Guyer costs to attend training at Assoc.
       of Towns conference.
       Fund Balance         A0909              Parks/Equip.        A7110.2                $3,452.00
       To appropriate money from fund balance to Parks/Equip. for swing set purchased for Swift
       Road Park.
                                               Perm.
       Fund Balance         DB0909                                 DB5112.41              $1,378.50
                                               Improv./Contr.
       To appropriate money from fund balance to Permanent Improvements/Contractual for
       engineering on Krumkill Road.
                                              Unemployment
       Fund Balance        DB0909                                 DB9050.8              $868.25
                                              Ins.
       To appropriate money from fund balance to Unemployment Insurance for claim.
       Fund Balance        SS0909             Atty./Contr.        SS1420.4              $67.74
       To appropriate money from Fund Balance to Attorney/Contractual for amount over budget for
       BAN renewal.
                                              Water
       Fund Balance        WH0909                                 WH8310.1              $1,551.25
                                              Admin./Personal
       To appropriate money from Fund Balance to Water Admin./Personal for hourly amounts paid
       to Highway workers for work done on Heldervale water – 4/17/12 water repair and 6/7,8/12
       hydrant repair.
       Fund Balance        WH0909             Social Security     WH9030.8              $118.67
       To appropriate money from Fund Balance to Social Security for amounts paid on item above.
      The Town Board hereby resolves, pursuant to authority in Town Law, section 112, to amend the
      Town’s 2012 budget as stated above.

      Councilperson Snyder seconded the motion. All present and voting, the motion carried.

24.   Adjourn
      Councilperson LaGrange made a motion to adjourn and seconded by Councilperson Hennessy.
      The meeting adjourned at 10:25PM.


_________________________
Diane R. Deschenes, Town Clerk




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