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					                                            FINAL 3/10/10
                                        Town of New Scotland
                                         Town Board Meeting
                                               2/10/10


The following Town Officials were in attendance:

             Supervisor:                        Thomas Dolin
             Councilperson:                     Deborah Baron
                                                Douglas LaGrange
                                                Daniel Mackay
                                                Richard Reilly
             Highway Superintendent:            Darrell Duncan
             Engineer:                          R. Mark Dempf
             Town Attorney                      L. Michael Mackey
             Town Clerk:                        Diane Deschenes


1.    Call to Order
Supervisor Dolin called the meeting to order at 7:05 PM.

2.    Pledge of Allegiance

3.    Invitation to the General Public to Comment on Agenda Items
Dean Sommer
Mr. Sommer wanted to mention something that happened at the Planning Board meeting. He
suggested that the Town Board listen to the tape. One member took off inappropriately against the
Town of Bethlehem. Planning Board members work for the community and represent the Town. Mr.
Sommer was offended and asked that the Board mention to them that when their speaking they’re
speaking as an appointed representative and as a public official.

Peter Baltis
During the past few months Mr. Baltis applied for a variance for two lots because zoning changed
though the years. Mr. Baltis appeared before the Planning Board and ZBA. One of the Planning Board
members had a conflict of interest. He went on the record to say he owns one of the wells in the well lot.
Mr. Baltis said this same individual along with another four who tried to blackmail him. Mr. Baltis
presented all the documents to the Board at the time. This particular individual voted although the
Chairperson tried to talk him out of it. When the time came to vote he voted no. Mr. Baltis felt th at Mr.
Kroencke should be fired since he did not recuse himself.

Mary Miller
Ms. Miller handed a copy of her comments to the Clerk. She said the agenda lists the bookkeeper
position as vacant but it’s her understanding that Mrs. Boehlke is returning at a hirer rate. Ms. Miller
asked why we need to give her a raise. If she wasn’t happy with the salary she was making she
probably shouldn’t be coming back. Maybe we should be looking to fill this in another manner. If we’re
going to give Mrs. Boehlke a raise the other employees should expect a sizable increase too. Mrs.
Boehlke is not doing a different job she’s doing the same job. Some of the other employees have
worked for the town for 15 years and they haven’t gotten a raise in three years either other than a
COLA. Ms. Miller asked why this is being discussed in executive session. Ms. Miller said when Mr.
Dolin, Mr. LaGrange and Mr. Mackay ran their platform was to include more transparency in town
government. Ms. Miller felt this goes back the other way. Ms. Miller felt this has got to take moral right
down the tubes. Ms. Miller worked for twenty five years as a supervis or and said if she ever did this to
her employees they wouldn’t have done their job the way they did. Ms. Miller doesn’t understand why
we feel it’s necessary to bring somebody back who left us, pay them more money, and not consider the
other town employees. Ms. Miller is concerned about how we’re handling this appointment, adding that
it has nothing to do with Mrs. Boehlke.

Supervisor Dolin said he’s not going to ask for an executive session. He put it on the agenda that way to
the extent that there are issues about Mrs. Boehlke’s performance. Supervisor Dolin said he wouldn’t
go into executive session to discuss rehiring her or the salary. In regard to the other questions , when
the budget was being prepared the Board was struggling with salary issues for different employees.
Supervisor Dolin added that individual employees have received increases in addition to a COLA.
Supervisor Dolin said at Councilperson Reilly’s request we said we would postpone any discussion
under a general survey of the duties, responsibility and pay scales until March. Supervisor Dolin sent
out a proposal to the Board to hold a special meeting on March 22 ND to take up this issue. Ms. Miller
asked if that would include Ms. Boehlke or would she come back at a higher rate. Supervisor Dolin said
he can’t wait to deal with Mrs. Boehlke. Supervisor Dolin said it’s a crucial job and he’ll discuss it in
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more detail later in the agenda. Ms. Miller asked what happens to the individual who took her spot.
Supervisor Dolin said this started when Mrs. Ernst said she couldn’t keep up due to family obligations.
Ms. Miller asked if Mrs. Ernst would retain the salary she received when promoted. Supervisor Dolin
said she’s wouldn’t. She wants to go back to her original job and that’s what provoked all of this and
that’s why he took a shot and called Mrs. Boehlke. Ms. Miller said but we offered her more money. Ms.
Miller said you have to consider other employees. Supervisor Dolin said at the budget meetings he felt
she was underpaid and he tried to get her $1 an hour increase two years in a row but the Board didn’t
think it was appropriate. Ms. Miller said now that you have your quorum you figure it’s going to pass
easier. Ms. Miller said you have two guys that side with you so does that mean these things just go
though. Supervisor Dolin said its call democracy. Ms. Miller said she knows how democracy works .
Supervisor Dolin asked what Ms. Miller doesn’t like. Ms. Miller said she doesn’t like it when people don’t
make their own decision. Ms. Miller asked if Supervisor Dolin could do this on his own? Ms. Miller said
her point is that Supervisor Dolin has already offered Ms. Boehlke the job. Supervisor Dolin said he
asked her if he could get these terms would she come back and she said yes. Councilperson Mackay
said from being intensely involved as a member of the public he knows that at times when you are in the
audience it can be difficult to ask a question or offer a comment. Having been there recently himself,
Councilperson Mackay said it was frustrating not having a response back. Councilperson Mackay said
the situation with Ms. Boehlke has clearly revealed a range of issues that need to be addressed.
Councilperson Mackay added that it’s been attempted during the budget process and has been deferred
in terms of a more comprehensive analysis. Councilperson Mackay said this situation has shown him
that this needs to be a priority over the next several weeks. Councilperson Mackay added that you’ll see
evidence tonight that the Board intends to meet on this subject in March. Councilperson Mackay felt the
situation with Mrs. Boehlke is a matter to it, in of to itself, but it’s a catalyst for issues that also need to be
addressed on a town wide basis. Councilperson Mackay hoped Ms. Miller would see evidence by the
end of this meeting that the Board has a commitment to do that and do it openly. Ms. Miller said when
you only see one person get a raise that’s a poor message to send to everyone else who thinks they do
a good job too. Supervisor Dolin said we gave a raise to an employee in the budget last year in the
Recreation Department. Supervisor Dolin said it’s not unusual to single out an employee and adjust
their salary. Supervisor Dolin added that the Board did commit last October to review salaries by the
end of March this year. Supervisor Dolin then said the Board promised to do it the year before but never
got to it. Supervisor Dolin added that the Board agreed during the budget process that something had to
be done. Supervisor Dolin said he’s not insensitive to all of the issues. It’s a question of process.
We’ve had Mr. Purinton gather up job descriptions and we’ve been working on this for a couple of years.
One of the problems is most employees have two or three jobs they perform and you have to analyze
each job they do. We’re not big enough that we have someone who just does typing all day.
Employees like Ms. Geurtze perform many different functions. Supervisor Dolin said he knows there are
concerns amongst the employees such as rising expenses and perhaps the COLA wasn’t satisfactory.
The Board is not trying to duck its responsibility. There has been an effort. Supervisor Dolin said
regardless of what happens with Mrs. Boehlke there was an intention to study it this March.
Councilperson Reilly said during the budget process he expressed concern about a piece meal aspect
to this. Councilperson Reilly wasn’t opposed to taking a look at raises for any number of positions and
not opposed to evaluating whether a position such as the bookkeeper should become something like a
town comptroller. Councilperson Reilly said his concern at the time was that we go through that process
and look at the big picture. The Board committed to doing it by March and Supervisor Dolin is proposing
a meeting for March 22 nd. Councilperson Reilly said it may require work ahead of that time.
Councilperson Reilly didn’t think it’s a conclusion that the Board can reach in a single meeting. Ms.
Miller said she assumes that Mr. Purinton will be doing the duties descriptions. Ms. Miller asked if they
would be made available. Supervisor Dolin said they would. Ms. Miller asked if Mr. Purinton works full
time at $103 an hour. Supervisor Dolin said he works one day every other week. Ms. Miller said she
would like to see the job description. Councilperson LaGrange said that Mr. Purinton also solicited the
employees input in their job descriptions. Councilperson LaGrange said he’s been reviewing those and
he’s solicited a couple of private companies. We are also going to look at other municipalities. Ms.
Miller suggested comparing to towns our size. Councilperson LaGrange agreed. Councilperson
LaGrange said he’s also looking at private employers that might have similar job descriptions.
Councilperson LaGrange added that for several years Mr. Clark tried to develop something like this but it
never seemed to work out. Councilperson LaGrange felt we lost Mrs. Boehlke for a $1 and hour. Ms.
Miller said she took a job for $27.50. Councilperson LaGrange felt she left because of $1 last fall. Ms.
Miller felt she left because she went to Coeymans for $27.50 an hours. Councilperson LaGrange said
eventually she did but her reasoning was a lack of a raise in the fall and that was a raise that was in a
sense promised when she was first hired. Ms. Miller said she’s only been here a couple of years.
Councilperson LaGrange said it’s a big job. Councilperson LaGrange added that it’s a bit of a
misconception that one job has more duties, more experience, more education. There are varying
degrees. Councilperson LaGrange added that some people may be disappointed to see that they’re
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already being overpaid. Councilperson LaGrange added there are several employees in his opinion that
are underpaid, the bookkeeper being one. Councilperson LaGrange said that’s something we have to
get into and study. Councilperson LaGrange added in regard to Ms. Miller’s comment if she reviews the
last 4 years and 2 months of minutes she’ll see that he votes by his own understandings of the issue.
Councilperson LaGrange said he always makes his own decisions and he might have more influence on
the other person then they’ve had on him.

Patricia Geurtze
Mrs. Geurtze wanted to clarify that Mrs. Boehlke was a done deal last week. She went into Supervisor
Dolin’s office last week and asked how much she’d be making and Supervisor Dolin told her $21.50.
Mrs. Geurtze said there were no public meetings about that. This was done behind closed doors.
Supervisor Dolin said he told Mrs. Geurtze that he offered her that. Mrs. Geurtze said she asked how
much she’d make when she returns and Supervisor Dolin responded $21.50. Supervisor Dolin said he
said if she returns. Mrs. Geurtze added that one of Supervisor Dolin’s employees told the rest of us that
Mrs. Boehlke was coming back. Mrs. Geurtze also clarified that there were three individual raises in the
budget. Mrs. Geurtze added that if Mrs. Boehlke was promised an extra $1, that was by her Supervisor.
Councilperson LaGrange said that was what was put in the budget and it was turned down. Mrs.
Geurtze said that Mrs. Boehlke and Mrs. Kavanaugh both told her that they were promised by
Supervisor Dolin that $1 when they started. Mrs. Geurtze added it came from you’re empl oyees
mouths. Supervisor Dolin said he said he would try to get them what their predecessors were making.
Mrs. Geurtze said she would hold off the rest of her comments until later.

Judge Adkins
Judge Adkins asked Supervisor Dolin to confirm the date of the meeting. Councilperson Mackay
confirmed that it’s March 24 th.

Peter Baltis
Mr. Baltis said he misspoke earlier when he said $5,000 for the black mail, it was $15,000.

Councilperson Mackay responded to Mr. Sommer comment. Councilperson Mackay said he was at the
Planning Board meeting and the comments he referred to were and eyebrow raising moment.
Councilperson Mackay though it would be appropriate for the Board to discuss and talk then to the
Planning Board member. In response to Mr. Baltis, Councilperson Mackay said the new proposed Ethic
Law will have very specific details on recusal from Board members. Councilperson Mackay felt this
situation is worth some conversation by the Board also. Councilperson Mackay assured Mr. Baltis that
the new Ethics Law will deal specifically with that conflict. Mr. Baltis said even with the existing law he
should have recuse himself.

4.    Approval of the Minutes of the Following:
       January 13, 2010       Regular Town Board Meeting
       January 13, 2010       Public Hearing
       January 27, 2010       Special Town Board Meeting

RESOLUTION 10-60
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby accept the minutes
as presented by the Clerk.

Councilperson Mackay seconded the motion. All present and voting the motion carried (5 Ayes).
Councilperson Baron abstained from voting on the January 13th meetings since she was not present.

      Announcements:
       Movie at Osterhout Community Center 2/18 at 10:00 am – “Cloudy with a Chance of
        Meatballs” -FREE-
       Red Cross Babysitting Class 2/19 from 9:00am to 5:00pm at Town Hall. Cost is $63. Must
        pre-register. Call Teresa at 475-0385 with any questions.

5.    Resolution setting Public Hearing for Proposed Local Law B of 2010, (a law Revising
      Commercial zoning) on March 9, 2010 at 6:30 pm at the Voorheesville High School
      performing Art Center.

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Supervisor Dolin said he’s been soliciting dates for this meeting and on March 9th there is a conflict.
Supervisor Dolin asked if March 11 th would work. The Board agreed. Supervisor Dolin asked the Clerk
to provide notice of public hearing for proposed Local Law B of 2010.

RESOLUTION 10-61
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby adopt the following
notice of public hearing:

Please take notice that a public hearing will be held by the Town Board of the Town of New Scotland on
March 11, 2010 at 6:30 p.m. at Voorheesville High School, 432 New Salem Road, Voorheesville, New
York, regarding the adoption of Proposed Local Law B of the Year 2010. The Proposed Local Law
would create a size cap on retail development in the Commercial Zone, rezone a portion of the
Commercial Zone to Residential Agricultural and limit the size of individual retail buildings to 50,000
square feet and the size of shopping centers to 100,000 square feet.
       Copies of the Proposed Local Law are available for review at New Scotland Town Hall.
       Please take further notice that the environmental significance of the Proposed Local Law will be
reviewed by the New Scotland Town Board incident to and as a part of said Public Hearing. The Town
Board is SEQR lead agency and this is a Type I Action. Additional information may be obtained by
contacting Town Supervisor Thomas E. Dolin at New Scotland Town Hall, 2029 New Scotland Road,
Slingerlands, NY 12159 (phone 518-439-4889).
      All members of the public wishing to be heard concerning Proposed Local Law B of the Year
2010 will be allowed to comment concerning the same at the Public Hearing.
      By Order of the Town Board of the Town of New Scotland on February 10, 2010.

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

6.    Resolution establishing Heldervale Sewer District Ext. #5
Councilperson Baron asked if she should leave the room. Supervisor Dolin said that as long as
Councilperson Baron abstains that’s fine.

This item was skipped.

7.    Resolution establishing Heldervale Water District Ext. #7
RESOLUTION 10-62
Supervisor Dolin offered the following resolution and moved its adoption:

      WHEREAS, a petition dated January 11, 2010 has been presented to the Town Board of the Town
of New Scotland requesting a certain extension of the Heldervale Water District; and

      WHEREAS, a map, plan and report relating to the establishment of Heldervale Water District
Extension #7, prepared by Boswell Engineering, duly licensed civil engineers of the State of New York,
in a manner and in such detail as has been determined by this Town Board, has been duly filed with the
Town Clerk, in accordance with the requirements of Article 12 of the Town Law; and

         WHEREAS, an order was duly adopted by this Town Board on January 13, 2010, reciting the
filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district,
the proposed method of financing, the fact that the map, plan and report describing the same were on
file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be
stated, and specifying February 10, 2010 as the date, at 6:40 p.m. on said day as the time, at the New
Scotland Town Hall as the place where this Town Board would meet and consider said map, plan and
report, and to hear all persons interested in the subject thereof, concerning the same, and to take such
action thereon as is required or authorized by law; and

      WHEREAS, such order was duly published and posted as required by law; and

       WHEREAS, a hearing on said matter was duly held by said Town Board on February 10, 2010, at
6:40 in the afternoon on said day, in the New Scotland Town Hall and the petitioners appearing in favor
of the petition, and the Town Board having heard comment from all interested persons; and

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        WHEREAS, all construction and other costs for creation of the extension, estimated at $100,000,
will be paid by the landowner, with no cost to the Town of New Scotland, it is

       RESOLVED AND DETERMINED:

a. That the petition is signed and acknowledged or proved as required by law and is otherwise
   sufficient;

b. That the notice of hearing was published and posted as required by law, and is otherwise sufficient;

c.   That all property and property owners within the proposed extension are benefited thereby;

d.   That all property and property owners benefited are included within the limits of the proposed
     extension;

e. That it is in the public interest to establish said extension; and be it further

       RESOLVED AND DETERMINED:

      That the establishment of the proposed extension as set forth in said map, and report, be
approved and such extension shall be known and designated as Heldervale Water District Extension #7
and shall be bounded and described as set forth in Schedule A attached hereto and made a part hereof;
and be it further

       RESOLVED AND DETERMINED:

       That the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this
Resolution in the Office of the Clerk of the County of Albany, which is the County in which the said Town
of New Scotland is located, within ten days after the adoption of this Resolution, pursuant to the
provision of section 195 of the Town Law.

Councilperson Mackay seconded the motion. All present and voting the motion carried (4Ayes – 1
abstention). Councilperson Baron abstained.

6.    Resolution establishing Heldervale Sewer District Ext. #5
RESOLUTION 10-63
Supervisor Dolin offered the following resolution and moved its adoption:

      WHEREAS, a petition dated January 11, 2010 has been presented to the Town Board of the
Town of New Scotland requesting a certain extension of the Heldervale Sewer District; and

      WHEREAS, a map, plan and report relating to the establishment of Heldervale Sewer District
Extension #5, prepared by Boswell Engineering, duly licensed civil engineers of the State of New York,
in a manner and in such detail as has been determined by this Town Board, has been duly filed with the
Town Clerk, in accordance with the requirements of Article 12 of the Town Law; and

         WHEREAS, an order was duly adopted by this Town Board on January 13, 2010, reciting the
filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district,
the proposed method of financing, the fact that the map, plan and report describing the same were on
file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be
stated, and specifying February 10, 2010 as the date, at 6:50 p.m. on said day as the time, at the New
Scotland Town Hall as the place where this Town Board would meet and consider said map, plan and
report, and to hear all persons interested in the subject thereof, concerning the same, and to take such
action thereon as is required or authorized by law; and

       WHEREAS, such order was duly published and posted as required by law; and

       WHEREAS, a hearing on said matter was duly held by said Town Board on February 10, 2010, at
6:50 in the afternoon on said day, in the New Scotland Town Hall and the petitioners appearing in favor
of the petition, and the Town Board having heard comment from all interested persons; it is

       RESOLVED AND DETERMINED:
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       a.   That the petition is signed and acknowledged or proved as required by law and is otherwise
             sufficient;

       b.   That the notice of hearing was published and posted as required by law, and is otherwise
            sufficient;

       c.   That all property and property owners within the proposed extension are benefited
             thereby;

       d. That all property and property owners benefited are included within the limits of the
          proposed extension;

       e. That it is in the public interest to establish said extension; and be it further

       RESOLVED AND DETERMINED:

       That the establishment of the proposed extension as set forth in said map, and report, be
       approved and such extension shall be known and designated as Heldervale Sewer District
       Extension #5 and shall be bounded and described as set forth in Schedule A attached hereto and
       made a part hereof; and be it further

       RESOLVED AND DETERMINED:

       That the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this
       Order in the Office of the Clerk of the County of Albany, which is the County in which the said
       Town of New Scotland is located, within ten days after the adoption of the same, pursuant to the
       provision of section 195 of the Town Law.

Councilperson Mackay seconded the motion. All present and voting the motion carried (4Ayes – 1
abstention). Councilperson Baron abstained.

8.    Resolution establishing Stone Creek Drainage District
RESOLUTION 10-64
Supervisor Dolin offered the following resolution and moved its adoption:

      WHEREAS, a petition dated January 7, 2010 has been presented to the Town Board of the Town
of New Scotland requesting that it create the Stone Creek Drainage District; and

        WHEREAS, a map, plan and report relating to the establishment of the Stone Creek Drainage
District, prepared by Boswell Engineering, duly licensed civil engineers of the State of New York, in a
manner and in such detail as has been determined by this Town Board, has been duly filed with the
Town Clerk, in accordance with the requirements of Article 12 of the Town Law; and

        WHEREAS, an order was duly adopted by this Town Board on January 13, 2010, reciting the
filing of said petition and map, plan and report, the improvements proposed, the boundaries of the
proposed district, the proposed method of financing, the fact that the map, plan and report describing the
same was on file in the town clerk’s office for public inspection, and stating all other matters required by
law to be stated and specifying February 10, 2010 at 6:30 p.m., at New Scotland Town Hall, as the day,
time, and place where the Town Board would meet and consider said map, plan and report and to hear
all persons interested in the subject thereof, concerning the same, and to take such action thereon as is
required or authorized by law; and

       WHEREAS, such Order Calling Public Hearing was duly published and posted as required by
law; and

      WHEREAS, a hearing on said matter was duly held by the Town Board on February 10, 2010 at
6:30 p.m. in New Scotland Town Hall, the petitioners appearing in favor of the petition and the Town
Board having heard from all interested persons; it is

       RESOLVED and DETERMINED:

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       a. That the petition is signed and acknowledged or proved as required by law and is otherwise
          sufficient;
       b. That the notice of hearing was published and posted as required by law and is otherwise
          sufficient;
       c. That all property and property owners within the proposed district are benefited thereby;
       d. That all property and property owners benefited are included within the limits of the proposed
          district;
       e. That it is in the public interest to establish said drainage district; and it is further

       RESOLVED and DETERMINED:

       That the establishment of the proposed district as set forth in said map, plan and
report be approved, that the improvements therein mentioned be constructed, and that such district
shall be known and designated as the Stone Creek Drainage District and shall be bounded and
described as set forth in Schedule A attached hereto and made a part hereof; and it is further

       RESOLVED and DETERMINED:

        That all costs of maintaining the District shall be assessed by the Town Board in proportion, as
nearly as may be ascertained, to the benefit which each lot or parcel will derive there from, to wit: (1)
20% of such cost shall be assessed to the Commercial Parcel within the district and (2) 80% of such
cost shall be assessed to the residential parcel within the district. Should the residential parcel be
subdivided, as anticipated, then such 80% share of the cost will be divided equally among all residential
lots within the district; and it is further

       RESOLVED and DETERMINED:

       That the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this order
in the office of the Clerk of the County of Albany, which is the County in which said Town of New
Scotland is located, within 10 days after the adoption of the same, pursuant to the provisions of Section
195 of the Town Law.

Councilperson Reilly seconded the motion.        All present and voting the motion carried (4Ayes – 1
abstention). Councilperson Baron abstained.

Engineer Dempf said it should be recognized that all of the SEQR work that was done for each district
has been included though the review of the Planning Board because it was a coordinated review.
Attorney Mackey said that for an extension of a water district or sewer district is a type II action and
doesn’t require a SEQR review and the storm water drainage basin was part of the environmental
assessment.

9.     Authorize Supervisor to sign contract with Town of Bethlehem to operate the summer
       playground program at Clarksville Elementary School for a fee of $2,500.
Councilperson Reilly advised that in the past the Town has sponsored a summer recreation program at
the Clarksville Elementary School, which is put on by the Bethlehem School District and the Bethlehem
Park Department. This is held in New Scotland. They sent a letter of renewal indicating that the cost of
the program will not exceed $2,500, which has been the cost as long as Councilperson Reilly can
remember. Typically it comes in at approximately $1,800. Councilperson Reilly spoke with Highway
Superintendent Duncan this morning. There were 33 individuals signed up last summer and the
average participation was approximately 15. Councilperson Reilly recommended that we renew it again
this year. He felt it was some what expensive but it’s one of the few programs that we offer in the
hamlet of Clarksville. Councilperson Mackay appreciated the background information but noted on the
bottom of the agreement there is a reference to funding that the Town of Bethlehem received from the
NYS Office of Children and Family Services. It suggests that New Scotland would be liable if that
money is not allocated to Bethlehem. Councilperson Mackay asked if Councilperson Reilly had a sense
of what the dollar volume is and questioned if we might be a risk this year. Councilperson Reilly has not
heard what the dollar amount is but that language was included last year. The only change we made to
the contract was indemnification language. Councilperson Reilly agreed that is a potential issue. A
second issue that was brought to Councilperson Reilly’s attention today from Supervisor Dolin, is that
Bethlehem is looking for whether we are willing to go forward with this, although they are revaluating
whether they’re going to go forward with using the Clarksville site. Councilperson Reilly said the
program as a whole might not be presented by them. Councilperson Mackay asked if there was a way
to get a dollar figure for the exposure. Councilperson Reilly felt we could ask Nan Lanahan.
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Councilperson Reilly added that the town received similar funding in the past and we reached a point
where we stopped seeking it because of the number of strings attached. Councilperson Reilly said if we
can’t find out from Bethlehem perhaps we could contacts Children and Family services. Supervisor
Dolin felt we could rely on Bethlehem and if the program needs to be adjusted he thought they would
cooperate with us. Councilperson Reilly suggested holding off on this until March. Councilperson Reilly
asked Supervisor Dolin to let them know to the extent that the funding from the state doesn’t dry up we
would like to continue offering that program. Councilperson Reilly said they are looking now as to
whether they should discontinue the program. Supervisor Dolin agreed to table this until the March
meeting at the earliest.

10.    Discuss/Approve City of Albany request to renew agreement with the Town for the use of
       the City’s Rapp Road Landfill for calendar year 2010, with a tipping rate of $52 per ton.
Supervisor Dolin thought this contract was within a few pennies of last year. Mrs. Geurtze said it’s been
holding pretty steady and it has been more than that. Mrs. Geurtze asked how long the contract was for.
Supervisor Dolin said its one year.

RESOLUTION 10-65
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby authorize the
Supervisor to sign the contract with the City of Albany permitting us to use their landfill during calendar
year 2010 at a rate of $52 per ton for municipal solid waste.

Councilperson Reilly seconded the motion.

Councilperson Reilly asked if Attorney Mackey had reviewed the agreement. Attorney Mackey did.
Councilperson Mackay noted that the City of Albany needs to update our contact information.

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

11.   Adopt procedures for conducting Justice Court audits.
RESOLUTION 10-66
Supervisor Dolin offered the following resolution and moved its adoption:

        RESOLVED, that the Town Board of the Town of New Scotland does hereby adopt the proposed
rules for conducting the examination of the Justice Court records.

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

12.   Schedule Special Town Board Meeting for Justice Court Audit
Supervisor Dolin has been trying to come up with a date to do this. Supervisor Dolin asked if March 24th
would be appropriate. Judge Adkins thought it could be done then. She anticipated it would be a quick
process. Councilperson Reilly thought February 24 th was suggested adding that he’s not available but is
not opposed to the Board doing it without him. Judge Wukitsch asked when it needed to be done by.
Supervisor Dolin said technically 60 days.

RESOLUTION 10-67
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve having a
special Board meeting on February 24, 2010 at 6:30 p.m. for the purpose, amongst other things, the
annual audit of the Justice Court records.

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

Judge Adkins asked if anything changed as far as the procedure that was adopted. Supervisor Dolin
said that is the proposed procedure.

      Association of Town’s Training
Judge Adkins understood that some Board members are going to NY. When this was initially addressed
it looked like dire straights and the Courts pulled back their request. At this point, they are requesting
that both of the Court Clerks be covered at $500 per clerk. This would cover transportation, lodging, the

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program and meals. Judge Wukitsch said that State law provides that towns should reimburse the
Clerk’s for those expenses. Judge Wukitsch felt strongly that this is a program that they should attend.
Councilperson Baron asked how much was in the budget. Supervisor Dolin said $200 was budgeted for
each clerk. Judge Adkins said it got reduced to $300 total and $200 was for the Judges. It was also just
discovered tonight that the money doesn’t even cover the dues, so the department is already over
budget. Dues are $125 each and it was reduced to $200 total. Judge Adkins said they originall y
requested $800 per person. Councilperson Baron asked how much registration is. Judge Adkins said
its $100. Judge Adkins said she’s attending but she’s willing to pay for her own expenses.
Councilperson Baron said she spoke with Judge Adkins and she indicated that the local training is not
up to par. Judge Wukitsch said it’s a mixed bag, some is okay and some isn’t. Judge Wukitsch felt the
training in Potsdam is always top notch. Judge Wukitsch noted that Mrs. Thompson has never gone to
the training in NYC and Mrs. Gruss has gone twice in six years. Councilperson Baron just wanted it as
part of the record that some of the local training has changed. Judge Adkins didn’t know if that’s the
issue but felt it was appropriate for them to go to NYC and receive the training adding that this doesn’t
have to be an every year occurrence.

RESOLUTION 10-68
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby authorize the
expenditure of $1,000 to cover judicial training for the personnel in the Justice Court.

Councilperson Reilly seconded the motion.

Councilperson Reilly asked if we needed to increase the amount budgeted to cover dues. Judge Adkins
said only $200 was allocated for the Judges to cover training and dues. Judge Adkins thought that an
additional $300 was needed. Supervisor Dolin said he would handle it when we do the budget
modifications.

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

13.    Resolution adopting Workplace Violence Policy & Incident Reporting
Attorney Mackey advised that the committee is asking the Board to approve attachment #4. Since the
town has more than 20 full time employees the committee has to prepare a written wor kplace violence
prevention program. Attorney Mackey advised that the committee is working on that and Mrs.
Kavanaugh is taking the lead.

RESOLUTION 10-69
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby adopt the
Workplace Violence Policy & Incident Reporting as set forth in attachment #4 below.

                                TOWN of NEW SCOTLAND
                    WORKPLACE VIOLENCE POLICY & INCIDENT REPORTING

The Town of New Scotland is committed to the safety and security of our employees and staff.
Workplace violence presents a serious occupational safety hazard to our agency, staff, and the public.
Threats, threatening behavior, or acts of violence against employees, staff, visitors, or other individuals
by anyone on Town of New Scotland property will be thoroughly investigated and appropriate action will
be taken, including summoning law enforcement when warranted. All employees are responsible for
helping to create an environment of mutual respect for each other as well as the public, following all
policies, procedures and program requirements, and for assisting in maintaining a safe and secure work
environment.

This policy is designed to meet the requirements of NYS Labor Law 27b and highlights s ome of the
elements that are found within our Workplace Violence Prevention program. The process involved in
complying with this law includes ongoing workplace evaluation designed to identify the workplace
hazards to which our employees and staff may be exposed. Other tools utilized during this ongoing
process include establishing a Threat Assessment Team made up of management and employee
representatives who have an ongoing role in evaluating workplace violence hazards and investigation of
workplace violence incidents or allegations.
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The goal of this policy is to promote the safety and well-being of all people in our workplaces. All
incidents of violence or threatening behavior will be responded to immediately upon notification. The
Town of New Scotland has identified response personnel that include management and employee
representatives.

All Town of New Scotland officials, employees, and staff are responsible for notifying their immediate
supervisor or Department Head and/or the Town Supervisor’s office of any violent incidents, threatening
behavior, including threats they have witnessed, received, or have been told that another person has
witnesses or received.


Designated Contact Person:                                   Designated Contact Person:
Name: Thomas E. Dolin                                        Your immediate supervisor
Title: Town Supervisor                                       or Department Head
Name: Sarah Kavanaugh
Title: Secretary to the Supervisor/Human Resources
Location: Town Hall
           2029 New Scotland Rd.
           Slingerlands, NY 12159
Phone: 518-439-4889
           518-475-1355

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

14.    Appoint members of Senior Advisory Committee
The next item to consider is the appointment of the Senior Advisory Committee. Councilperson Baron
said there is one more name to add, Joanne Macklin. She is the Executive Director of the NYS Coalition
for Aging. Councilperson Baron hadn’t met her yet but Mrs. Kormos spoke with her and she’s agreed to
serve.

RESOLUTION 10-70
Councilperson Baron offered the following resolution and moved its adoption:

    RESOLVED, that the Town Board of the Town of New Scotland does hereby approve the
members of the Senior Advisory Board as set forth in attachment #5 below:

                                   SENIOR ADVISORY BOARD
             Chairperson      Elizabeth Kormos
             Member           Debbie Baron
             Member           Betsy Bates
             Member           June Alberts
             Member           Mary Ann Hendrickson
             Member           Karla Flagel
             Member           Norma Walley
             Member           Joanne Macklin
             Ex-Officio       Susan Kidder

Councilperson Mackay seconded the motion.

Councilperson Baron noted that it isn’t necessary for Ms. Kidder to attend all meetings, only when
necessary.

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

15.    Approve list of consultants available for Telecommunications Facilities applications
Building Inspector Cantlin requested that the Board approve a list of approved professionals to use in
the event that they have a telecommunication facilities application.

RESOLUTION 10-71
Supervisor Dolin offered the following resolution and moved its adoption:

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       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve the
professional individuals as set forth below and authorizes them to be selected for performing services for
the Planning Board in the event of an application for a telecommunication facility:

                             ENGINEERING/TECHNICAL CONSULTANTS
                              for TELECOMMUNICATIONS FACILITIES


Engineering:
Barton & Loguidice
2 Corporate Plaza
264 Washington Ave. Ext.
Albany, NY 12203

Center for Municipal Solutions
Comi Telecommunications Services
70 Cambridge Dr.
Glenmont, NY 12077

Clough, Harbor & Associates
111 Winners Circle
Albany, NY 12205

Spectra Engineering Group, Inc.
19 British-American Blvd.
Latham, NY 12110

Stantec Consulting Services, Inc.
3 Columbia Circle
Albany, NY 12203

Tectonic Engineering Consultants, P.C.
12 Cornell Rd.
Latham, NY 12110

William P. Johnson
PO Box 48
Scottsville, NY 14546

Legal Consultants:
Peter Barber, Esq.
Murphy, Burns, Barber & Murphy, LLP
4 Atrium Dr.
Albany, NY 12205

Young, Sommer LLC
5 Palisades Dr.
Albany, NY 12205

Councilperson Reilly seconded the motion.

Councilperson Reilly asked if the list has changed from the past. Supervisor Dolin thought that Barton
and Loguidice were new along with Young, Sommer LLC. Councilperson Mackay said Barton &
Loguidice is the firm that our Planning Board Chairperson Voss was hired to. Councilperson Mackay felt
it was probably a conflict. Councilperson Mackay felt it was best to have their name removed.

RESOLUTION 10-71 Amended
Supervisor Dolin amended the resolution eliminating the firm of Barton & Loguidice.

Councilperson Reilly seconded the motion.

Councilperson Baron asked how the rate is determined. Engineer Dempf said typically the rate is
determined on a case by case basis. An escrow account is established and the engineer firm is
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required to present a proposal to the Planning Board. The amount is based on an estimate of what the
services happen to be. Councilperson Baron asked if a project came up would we contact all of the
professionals. Engineer Dempf said typically it’s the Planning Board option. Councilperson Baron
asked if the developer is charged. Engineer Dempf said the developer is required to put an estimated
amount of money in escrow.

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

16.     Engineering:
         Engineering status report & action items.
         Drainage Pipe Material
Engineer Dempf asked the Board if they would allow using another material, HDPE. It’s the same pipe
that we’re directionally drilling for our sewer services. Engineer Dempf would like to offer that
opportunity for people who putting services in at this point in time. There are benefits which have been
outlined his letter to the Board. Engineer Dempf said they would like to authorize it for use specifically
for the Stone Creek project. There are benefits but it is more expensive. The benefit to the town is
maintenance. Engineer Dempf would also like to use it in Feura Bush if we directionally drill all the
leaking pipe section. Engineer Dempf felt if we’re going to be using it ourselves he would like to
authorize it for future projects. Our specifications are set in law so we need to either pass a resolution
or a new law. Engineer Dempf asked Attorney Mackey how we could change it so the specifications in
the laws could be changed at the Organizational meeting. Engineer Dempf was looking for an easier
process other than holding a public hearing. Attorney Mackey said this came up on Friday and it needs
immediate Board approval. The developer could put in PVC pipe but they’re willing to put in this higher
quality pipe. Attorney Mackey suggested for this particular project that we do it by resolution and then
we do a more comprehensive review of our law to make a future adjustment. Councilperson Baron
asked if this is an option rather than a mandate. Engineer Dempf agreed it’s just another option.
Highway Superintendent Duncan advised that this is a new and better pipe. Highway Superintendent
Duncan added that years ago we had ductile iron, cast iron or asbestos pipe and as things evolved we
put PVC in the Northeast District. Now we have the opportunity to add HDPE to our list. Councilperson
Mackay asked if there is any problem with compatibility. Highway Superintendent Duncan said it works
better and it comes in a roll. We can roll out 500 feet and put a bend or a gradual turn verse mechanical
joints. Attorney Mackey added that Engineer Menia also talked about making some recommendations
concerning changes to sewer pipes. There will be a comprehensive review but tonight the Board is
being asked to authorize use of this pipe at the recommendation of the Town Engineer.

RESOLUTION 10-72
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby allow Stone Creek
Development to use HDPE pipe in the construction of water mains, laterals, and water supply lines.

Councilperson Mackay seconded the motion. All present and voting, the motion carried (4 Ayes – 1
Abstention). Councilperson Baron abstained.

       Proposal for Professional services, Article 78 response
Engineer Dempf advised that an affidavit and response has been prepared and a request for
professional services has been submitted to the Board. The work is complete and the amount
requested is $4,086.

RESOLUTION 10-73
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that Stantec Consulting Services Inc., be reimbursed in the sum of $4,086 for
services preformed in connection with the Article 78 lawsuit in connection with the Kensington Woods
subdivision development.

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

         Two Change Order Requests for Drilling Technologies
Engineer Dempf has two change order requests for Drilling Technologies. One is a decrease of $3,975
and the second is an increase of $2,000. Both have to do with the installation or non-installation of
laterals along with movement and set up of equipment to address comments or questions of one of the
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homeowners. The location was actually moved to facilitate the connection to the house. Councilperson
Mackay asked us how to prevent something like this from happening. Engineer Dempf said we have a
process and a procedure in place and it was used when the laterals were done on Route 85. Engineer
Dempf asked for a change order reduction in the contract amount of $1,975 on Heldervale Sewer
District Ext #4 phase I project.

RESOLUTION 10-74
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby approve Drilling
Technologies Inc., change order #1 and #2 dated 10/29/09 amounting to a net reduction of $1,975 for
the Heldervale Sewer District #4.

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

17.   Highway/Parks/Recreation
       Change dump truck bid opening to Monday March 8 th at 10:00am
Highway Superintendent Duncan asked for two bid openings. The first would be to change the bid
opening for the dump truck from this month to March 8th at 1:00pm

RESOLUTION 10-75
Councilperson LaGrange offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve changing
the bid opening for the dump truck to March 8, 2010 at 1:00pm.

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

Highway Superintendent Duncan said the second bid open is for the same date at 1:30 pm. This is our
yearly material bid.

RESOLUTION 10-76
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby approve a bid
opening on March 8, 2010 at 1:30 pm for yearly materials.

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

         Approval to increase pavilion and softball league fees.
Highway Superintendent Duncan advised that the town collects money for softball and baseball field use
along with the use of the pavilion. The fee has not been raised in 4-5 years. The current field use fee is
$400 per night per season per team and we’re asking to increase it to $500. The current pavilion rental
is $75 for residents and $125 for non-residents, with a $25 reimbursable fee if they remove their trash.
Highway Superintendent Duncan said what we’ve found is most people do not remove their trash so he
recommended changing it to a flat rate with no reimbursement on the $25. Councilperson Reilly advised
that we did look at what other communities charge and $500 is well within the range for the season. In
terms of the pavilion rental we are within the range of other communities as well. In regard to the $25
fee for taking away your garbage it’s been our experience that everyone comes back and looks to be
reimbursed although when the Park Department gets there the people are not always as diligent about
picking up the trash as our crew. Councilperson Mackay asked if these fees are internal to the parks
budget. Councilperson Reilly said it’s specific to parks and we try to build it up so we can make a big
ticket purchase every few years.

RESOLUTION 10-77
Councilperson Reilly offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve an increase
to the pavilion and soft ball league fees as recommend by the Parks Department which consist of a
$500 fee per team per night per season and a $75 fee to residents for pavilion rental and $125 for non-
residents.


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Supervisor Dolin seconded the motion. All present and voting, the motion carried (5 Ayes)

18.   Fire/Public Safety:
       Authorize Supervisor to sign 2010 contract for Fire Protection and Ambulance Service
         with the Onesquethaw Volunteer Fire Company
Supervisor Dolin advised that cost for the fire protection contract price is $192,600 and it’s $52,600 for
ambulance service.

RESOLUTION 10-78
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby authorized the
Supervisor to execute the 2010 contract for Fire Protection and Ambulance Service with the
Onesquethaw Volunteer Fire Company.

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

21.    Executive Session to discuss Bookkeeper vacancy and to discuss salary issues
Supervisor Dolin asked if anyone would like an executive session regarding the bookkeeper , otherwise
we can take it up on the agenda at this time. Councilperson Reilly didn’t have a problem with that but
noted liaison reports do not appear on the agenda.

Liaison Reports
Councilperson Reilly express gratitude for the Parks Department and the job they did on the ice skating
last Friday. They had a great turn out and great weather. Highway Superintendent Duncan noted there
was in access of 100 people.

19.   Invitation to the Public to Discuss Non-Agenda Items
Kevin Schenmeyer
Mr. Schenmeyer read the following letter addressed to the Board dated February 7, 2010:

After speaking with employees of the Town of New Scotland Highway and Parks Department, we feel
the need to address some of our concerns. Every year for more than five years, there has been talk at
budget workshop meetings of addressing longevity and nothing ever comes of it. In February 2009 we
heard that there was a committee working on revising the longevity schedule and we wonder why
nothing has been done. Longevity pay has not been increased since it was adopted 16 years ago. We
would also like the Town Board to consider calculating the longevity pay into our hourly rate.

Why have we only been given two increases in our hourly rate in the past 20 years or more? We have
only received COLA. When Councilman Houghtaling advocated for the increase, he stated the increase
was a good start. It ended there. The reasons we have been given for not getting increases in the past is
because it would have too much of an impact on the budget due to the number of employees in the
Highway, Parks and Water Departments. Every year when the budget has been decided we are told
that everyone in the Town received COLA only to find out after the fact that there was always a few in
Town Hall that received more than COLA.

We would also like to know why the Highway, Water, and Parks employees were not asked to give our
job descriptions to Mr. Purinton at the same time that Town Hall employees did. We hear talk of Town
Hall employee positions possibly having pay scales. Why not Highway, Water and Parks Departments?
Although Supervisor Clark and Highway Superintendent Duncan have used their own pay scales in the
past, no pay scales have been adopted by a Town Board.

We heard last week that the person that resigned from the bookkeeper position last month is coming
back next week to work in the same position and is being given a $2.77 raise. We wonder if other Town
employees would be given nearly a $3.00 raise if we left on our own will and we were asked to come
back to work for the Town.

We realize that the commercial zoning law issue has taken a lot of the Board’s time but we would like to
remind you that it is just as important to address the needs and concerns of Town employees. The
Highway employees work hard to make our Town roads safe. The Water Department works hard to
adhere to NYS and County Health laws regarding our public water systems, and our Parks Department


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works hard to maintain the grounds at Town Buildings and our parks. Our efforts have resulted in few
complaints to the Town Board.


In closing we are requesting that a freeze be put on ALL pay increases (including the incoming
bookkeeper position) with the exception of COLA until salary scales or steps and longevity is addressed
as has been promised for too many years.

Respectfully,

Kevin Schenmeyer 27 years of service

On February 8, 2010 it was signed by the following

I have read the aforementioned letter and I am in agreement with the contents of the letter.

Dennis Kawczak Yrs of service 24         Richard Appleby Yrs of service 14

Timothy Banahan Yrs of service 20        Lance Appleby Yrs of service 3

Joseph Klink Yrs of service 4            Jeffrey Houck Yrs of service 12

Christopher VanPraag Yrs of service 9 James Duncan Jr. Yrs of service 8

Christopher Zautner Yrs of service 21    James Kendall Yrs of service 3

George Klopher Yrs of service 28         Michael Kawczak Yrs of service 32

Kevin Mabie Yrs of service 24            Kenneth C. Geuyer Yrs of service 11

Councilperson LaGrange said there was one slight correction. Councilperson Baron and he lead a little
bit of a charge a couple of years ago with an increased COLA for the highway. Mr. Schenmeyer said
the COLA this year amounted to nineteen cents per hour. Councilperson LaGrange said his intention
when he talked to Supervisor Dolin and others was to do a similar situation. It wasn’t a wage scale with
job descriptions solely for Town Hall it was for the Highway Department too. Councilperson Baron
appreciated the highway’s concerns. Councilperson Baron said when we first had the services of Mr.
Purinton, Councilperson Neri and she worked with him for six months trying to address the longevity in
tandem with the compensation time issue. Councilperson Baron apologized saying it didn’t get finished
and they probably should have pushed it forward just to see if they had a vote or not. Councilperson
Baron agreed and understood the frustration. Mr. Schenmeyer said the Highway Department thought
they should start now in hopes of getting something done by budget time. Councilperson LaGrange
said we have job descriptions as far as titles go but they need to be adjusted. Highway Superintendent
Duncan said they were given to Councilperson LaGrange in the past. Councilperson LaGrange asked if
he could have them again. Mrs. Geurtze thought some of the highway job descriptions are based on
civil service. Councilperson LaGrange agreed but would like them all. Councilperson Mackay thought
the letter Mr. Schenmeyer read was well written and asked if there was any reluctance in securing the
signatures. Mr. Schenmeyer said the gentlemen signed willingly.

Patricia Geurtze
Patricia Geurtze read the following letter dated February 9, 2009 to the Board:

For years there has been a familiar pattern during budget workshop meetings. There have been
countless discussions regarding salaries and each year the discussions become more contentious and
drawn out. The possibility of salary schedules are often discussed during each workshop but never
acted upon.

The possibility of longevity pay increases is another topic that is much talked about and never acted
upon. In February 2009 both salary schedules and longevity were addressed by the Governance
Committee. We had heard rumors of longevity pay being increased and it was dropped and never
brought up again. In December 2009, Councilman Reilly stated that he would have something to the
Board by March 1st, 2010. It appears that deadline will not be met.


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We are requesting the Town Board take an immediate and serious approach to this matter and take the
necessary steps to resolve the issues once and for all. The morale at Town Hall and the Highway
Garage is being affected. The employees of the Town of New Scotland have been more than patient
over the years. Promises to resolve these concerns have been repeatedly broken over the years.

We believe that every position should have a salary schedule adopted by the Town Board, whether the
position is seasonal, part-time, full-time, or appointed. It is our hope that the Board can put their
differences aside and work together in the interest of the employees and the Town.

A recent development that involves the 25 hour Bookkeeper position raises questions. In January the
bookkeeper resigned to accept another position. During the January Town Board meeting, a new 35
hour bookkeeper was named, given a $6.73 hourly increase and approved by the Town Board. The
vacant position was not posted or advertised to the public. Last week we were told that the original
bookkeeper was coming back to at a significantly higher hourly rate. If an employee resigns and
returns, please explain why they should be rewarded with a 15% hourly increase.

We are united in saying that we are against this increase without salary schedules in place. We are
requesting that a freeze be placed on all salary increases, including the bookkeeper position, until such
time there is a salary schedule for every seasonal, part-time, full-time and appointed employee.

The employees of the Town of New Scotland are the foundation f or which this Town stands and we take
pride in our efforts to serve the residents and the public in a friendly and professional manner. We
deserve to be heard and we deserve to be treated fairly and equally.

Sincerely,

Patricia Geurtze Yrs of service 21        Susan Kidder Yrs of service 4

Teresa Campana Yrs of service 5           Donna McGinnis Yrs of service 7

Patricia Thompson Yrs of service 6        Jeff Pine Yrs of service 12

Sue Gruss Yrs of service 6                Carol Cootware Yrs of service 17

Supervisor Dolin asked if Mrs. Geurtze could explain what she meant by a salary schedule. Supervisor
Dolin asked if we’re talking about step increases for every year you are here like they do at the state.
Mrs. Geurtze said based on the research she’s done typically a schedule incorporates longevity. Mrs.
Geurtze had the Town of Bethlehem information. They have 3-4 different rates for an operator I. Mrs.
Geurtze felt that every step would have a stopping point but some have 5 steps and others have 10.
Mrs. Geurtze didn’t think it was difficult to do. Mrs. Geurtze offered to help get this done. Supervisor
Dolin asked if it would be based on length of service. Mrs. Geurtze said that’s the way she see’s it but
she’s not 100% certain. Supervisor Dolin agreed that both letters were well written and obviously they
express deep feelings by the staff. Supervisor Dolin said the Board is sensitive to this intent and starting
March 24th the Board will review these issues. Mrs. Geurtze won’t be here on that date but offered to
gather more information. Councilperson LaGrange said he would grab onto this and do the best he can ,
adding that he would present it to the Board. Councilperson LaGrange offered to go over the
information with Mrs. Geurtze. Mrs. Geurtze said she had information from three towns and the County.
Councilperson Baron said she would like to work with Councilperson LaGrange. Councilperson
LaGrange said he’d appreciate the help.

Kathryn O’Rourke
Mrs. O’Rourke asked for an update on the dumping law and how the right to farm law and zoning
combine. Mrs. O’Rourke specifically asked about advertising for the farmer’s market this summer.
Councilperson LaGrange started to put together a few things in regard to the soil transfer law. He hoped
this was a simple change but is waiting for some information from other towns. Councilperson LaGrange
anticipates having something for the next meeting. Mrs. O’Rourke understands the reasons for the law
but was concerned with the way it arose. The reason there is a problem now is because there was a
complete lack of any kind of public input or discussion. Mrs. O’Rourke asked how that happened.
Councilperson Reilly said he could go back and look at the process but he thought there were quite a
few Planning Board meetings on the codification issues in general. Mrs. O’Rourke felt there was a
significant change to the law but she doesn’t recall public input. Councilperson LaGrange remembers
various codification discussions but not this one in particular. Mrs. O’Rourke asked if Councilperson
LaGrange had a chance to speak with Mr. Gallagher. Councilperson LaGrange did but he didn’t have
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his notes with him. Councilperson LaGrange offered to send Mrs. O’Rourke an email. Mrs. O’Rourke
wanted to make sure she was able to advertise when the time comes. Councilperson LaGrange said if
it’s necessary we might have to tweak the zoning law a little to provide for that.        Councilperson
LaGrange added that Mr. Gallagher was going to give him some material from another town.
Councilperson LaGrange said he would check on it. Supervisor Dolin said that the dumping law needs
to be addressed. Supervisor Dolin has a copy of Bethlehem’s law and he’s trying to collect some
examples of how other municipalities handle this. Supervisor Dolin discussed some of the various ideas
he’s looked at. Supervisor Dolin added that we’re collecting information if anyone has any input.

Edith Abrams
Mrs. Abrams said during the past couple of years we’ve found out that we have a lot of professional in
town. Mrs. Abrams encouraged the Board to reach out to those people.

Mrs. Abrams asked that the procedure for Article 78 be described. Attorney Mackey said no two are like
but the most typical thing is that the Judge would just receive papers from all the interested parties. Mrs.
Abrams asked which Judge. Attorney Mackey didn’t know adding that it’s assigned at random to a
Supreme Court Judge. The Judge normally will just take written submissions but on occasion they may
request that the attorneys come in for oral argument or a conference. On occasion there could be a
hearing or a trail of some sort. Attorney Mackey didn’t think this particular one would fall in that
category. Mrs. Abrams asked if it’s possible to update the community about where on the schedule this
Article 78 is. Attorney Mackey said that Jeffrey Baker is the attorney for this case and would have more
information. Mrs. Abrams asked if the decision would be disseminated to the community. Attorney
Mackey said the decision is given by the court to the parties. The town will be given a copy, which is
available for the community to review. Mrs. Abrams asked about a time frame. Attorney Mackey said
by law the Judge has 60 days to decide but sometimes they go longer.

20.   Pay the Bills
RESOLUTION 10-79
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve paying the
following:

                                   Pay the Bills 2009
                                   Voucher 20091300-20091342          $ 69,261.60
                                   Pay the Prepays 2009
                                   Vouchers 20091299                  $     20.47
                                   Pay the Bills 2010
                                   Vouchers 20100052-20100133         $ 882,741.28
                                   Pay the Prepays 2010
                                   Vouchers 20100031-20100031         $     974.46
                                   Vouchers 20100022-20100029         $ 88,336.01
                                   Vouchers 20100134-20100135         $ 60,917.24
Councilperson Mackay seconded the motion. All present and voting the motion carried (5 Ayes).

21.   Executive Session to discuss Bookkeeper vacancy and to discuss salary issues
RESOLUTION 10-80
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint Lisa
Boehlke to the position of bookkeeper in the Supervisor’s office effective February 16, 2010 at the rate
of $21.50 for 25 hours per week.

Councilperson LaGrange seconded the motion.

Supervisor Dolin said as he mentioned before Mrs. Ernst came to him and said she couldn’t continue to
work a 35 hour week. She asked to go back to her old position. At that point, Supervisor Dolin called up
Lisa Boehlke to see if there was any possibility of her coming back. She said there was a possibility
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because the situation she was promised in Coeymans wasn’t turning out to be what it was represented .
She was considering resigning or changing position. Supervisor Dolin talked salary with her. She said
she would come back for $21.50 an hour. Supervisor Dolin told her he would go to the Board to see if
they would entertain it. Supervisor Dolin sent an email to the Board advising them of what happened
with the intent it would be discussed and voted on at the Board meeting. Supervisor Dolin said these
inferences that he did something behind somebody’s back is upsetting. Supervisor Dolin felt Mrs.
Boehlke was an effective bookkeeper when she was here and he felt everyone was upset when she left.
Supervisor Dolin added that we’ve spent a lot of money training her over the past two years. We have a
vacancy that has to be filled and this is his personal appointment. Supervisor Dolin didn’t see any point
in advertising. Mrs. Boehlke knows our operation and she helped to bring us to the state we’re in now.
Supervisor Dolin felt that the Board was impressed with her presentation, along with Mrs. Kavanaugh .
Supervisor Dolin urged that we hire her. The previous bookkeeper three years ago was making around
$19. Supervisor Dolin thought if you rolled it forward it would be in the neighborhood of $21. Supervisor
Dolin said it’s a large increase because she was never given the salary that her predecessors had two
years ago. Supervisor Dolin wasn’t shocked by the rate. He thought the other people in town hall would
be delighted to see this kind of increase approved because it obviously reflects on what the Board
should do in terms of their salaries. Supervisor Dolin said he has a vacancy to fill and he can’t wait until
March 24th and even if he did he would recommend that pay scale. Supervisor Dolin felt she deserves
this amount adding that a neighboring community is willing to pay her $27.00 per hour.

Judge Adkins
Judge Adkins asked about the hours. Supervisor Dolin confirmed its 25 hours. Judge Adkins
commented that Mrs. Ernst was going to be 35 hours. Councilperson Mackay added that Mrs. Boehlke
had Mrs. Ernst in support. Supervisor Dolin said he didn’t ask to fill the vacancy created by Mrs. Ernst
elevation to bookkeeper.

Mary Miller
Mrs. Miller asked if Mrs. Ernst is going back. Supervisor Dolin said she would.

Councilperson Mackay said when we hired Mrs. Ernst into the vacated position these issues were not
presented to us. Mrs. Ernst is going back to her 15 hours and it’s the 25 hours that Mrs. Boehlke
originally filled that we’re posing to fill will Mrs. Boehlke again, only at the hirer salary. Councilperson
Mackay said he was at one of the budget meetings last fall and they were not well attended by the
public. Councilperson Mackay encouraged employees and the public to witness and participate in those
meetings because obviously they form a critical component of how well the town works. Councilperson
Mackay said he supports Mrs. Boehlke coming back and he supports her coming back at the proposed
salary. Councilperson Mackay felt it sends a signal that we need to address the pay scale quickly, not
only because the mood in this room, but because it’s the right thing to do and it’s been too long deferred.
Councilperson Mackay was sorry that Mrs. Boehlke’s issue brought this to a head. Councilperson
Mackay said he’s voting in support of this but will work with the employees to address this issue ASAP.

Patty Thomson
Mrs. Thomson understands that Supervisor Dolin is a head of that department and is asking for a certain
amount of money for one of his employees and expecting the Board to give it to him. Mrs. Thomson
added that during the budget season when other department heads asked they’re always shot down.
Mrs. Thomson said it doesn’t seem fair. Supervisor Dolin said during the last budget season there was
a request by the Judges for salary increases for their Clerks. Supervisor Dolin asked if Mrs. Thomson
was speaking only about her department. Mrs. Thomson said she’s speaking about the process. The
Judges asked for one dollar amount and Supervisor Dolin, who is in control of adjusting the budget prior
to the Board seeing it, lowered it. Now there’s no talk about that when we’re rehiring an employee. Mrs.
Thomson noted that there’s no give and take on the salary tonight but there is during budget season.
Supervisor Dolin said this is typically handled during the budget season and there was a discussion
amongst the Board. Supervisor Dolin recalled that the Judge’s asked for a $3 per hour increase and he
put in $2 and the Clerk’s eventually got $1.

Judge Wukitsch
Judge Wukitsch said we came in at budget time and made a request to bring the Court Clerk salaries up
to the level that the prior Court Clerk was making. Rolling the salaries forward with the COLA would
have brought them in the range of $18 per hour. They’re not making $18 an hours and they didn’t get
the request that was put before the Board at budget time. The reason given was that the Board had to
conduct this study town wide of the salaries. That reason is not being raised now as an impediment to
Mrs. Boehlke’s raise. Judge Wukitsch asked the Board to reconsider the request that they made at
budget time to bring the Clerk’s salaries up to the level they think is appropriate and fair. Judge
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Wukitsch asked that it be done in conjunction with the meeting on March 24th. Judge Wukitsch said he
intends to submit what he feels is fair and reasonable under these circumstances. Judge Wukitsch
asked the Board to take a careful look at it at that time.

Patty Thomson
Mrs. Thomson said she just doesn’t understand why there’s no give and take like there is at budget time.
Mrs. Thomson understands that we need a bookkeeper now. Supervisor Dolin said he can undertake a
public review of 37 employees within a short time. Mrs. Thomson said no one’s talking about counter
offering.

Judge Adkins
Judge Adkins said during the budget process Supervisor Dolin asked for $1, so why not just go up a $1.
Judge Adkins asked what changed between then and now to make it $4. Supervisor Dolin said he was
hoping that the Board would give him a $1 at that time and they didn’t. Supervisor Dolin added that he
really wanted to ask for $3. Supervisor Dolin clarified that he’s asking for $2.77. Supervisor Dolin said
he knew he wouldn’t get $3 at budget time so he asked for $1. Supervisor Dolin said he’s always
though Mrs. Boehlke was worth more than $18. Judge Adkins asked if the Clerk’s resigned tomorrow
we could then rehire them at a hire rate. Supervisor Dolin said that’s up to the Board. Councilperson
LaGrange said that’s a chance someone might want to take but it seems silly. Councilperson LaGrange
said this comes down to what Councilperson Gleason use to say that she wished there weren’t faces to
the position. Councilperson LaGrange said these are positions and just because you sit at a similar
desk in a similar seat in the same building doesn’t mean everyone should be paid the same. These
have to be job descriptions and that’s what we’ve lacked over the years. Councilperson LaGrange
hoped we would address it soon and hoped to make changes if the budget allows. Councilperson
LaGrange felt there are underpaid people in this building and possibly in the Highway Department.
Councilperson LaGrange didn’t think he’s ever seen a good job description at budget time let alone a
pay scale. Councilperson LaGrange said there is a lot to do and it’s got to be done. Maybe it hasn’t
been done because it’s going to be an arduous process. Councilperson LaGrange gave his
commitment to do the best he can and Councilperson Baron offered to help along with Councilperson
Mackay. Councilperson LaGrange added that the whole Board would agree that it’s got to be done.

Councilperson Baron acknowledged that the Supervisor does have the right to appoint although she
questioned how many people. Councilperson Baron would have preferred to see a notice of vacancy as
Councilperson Mackay mentioned on January 1, 2009. Councilperson Baron felt we should do notice of
vacancy when any position is available. Councilperson Baron added that if Supervisor Dolin feels it’s his
political appointment she doesn’t have a problem with Mrs. Boehlke coming back but preferred we keep
the freeze on and bring her back at exactly what she left at and then aggressively address these salary
issues.

Supervisor Dolin said Mrs. Boehlke was told at two budget meetings that it would happen and then
asked if you expect her to believe that now? Mrs. Geurtze said we have to believe it. Mrs. Miller said
you expect the other employees to believe it. Supervisor Dolin said they can leave and go somewhere
else. Supervisor Dolin added he’s one vote and he tried to get increase. Mrs. Geurtze felt the Board is
setting a bad precedence allowing an incoming employee to dictate their salary. Mrs. Geurtze asked
why this individual is different. Supervisor Dolin said she is not dictating this. Mrs. Gruss asked if she
would come back for the amount she was making when she left. Supervisor Dolin said absolutely not.

Councilperson Reilly agreed with Councilperson Baron on this. Councilperson Reilly said he was happy
with Mrs. Boehlke’s work and has no problem with her being hired back. The issue of doing this on a
piece meal is something he raised in the past and it is a concern. Councilperson Reilly added that we
raised three individual in the past part way simply because we thought they were too far below and we
felt it was an interim step. Councilperson Reilly said until we have done that analysis and take a look at
this on a global scale he’s not comfortable offering the hirer rate. Supervisor Dolin said that’s exactly
what you told her twice and you just conceded that we piece meal three other employees. Supervisor
Dolin said every time it comes to Mrs. Boehlke or Mrs. Kavanaugh it’s always postponed. Supervisor
Dolin said she was told that twice and she’d be foolish to come back her at $18 and not know what she’s
going to get. Supervisor Dolin added that she’s acting like any smart employee. Councilperson Reilly
said she has a business decision to make. Councilperson Reilly said he would draw a distinction
between bringing up several employees who are at the bottom of the pay scale with an attempt to bring
up the rate of someone who’s towards the top when we’re not sure where that pay scale should be in six
weeks. Supervisor Dolin said Mrs. Boehlke was making less then her predecessors even after she had
been here two years. Mrs. Geurtze said it took her predecessors six years to get to $19.28.
Councilperson LaGrange said that would just be considering longevity. Councilperson LaGrange added
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this job could warrant $35,000-$40,000 a year. Mrs. Geurtze said we’re talking public entities not the
public section. Councilperson LaGrange agreed. Councilperson LaGrange added that you don’t want to
know what some of these jobs would be paid in the private sector. Mrs. Geurtze said when Super visor
Clark was here you were okay the two prior clerks getting paid what they did and now all the sudden that
job is worth more. Councilperson LaGrange said the two new employees where told when they were
hired once they learned the job they would receive the pay equivalent to that and they haven’t. Mrs.
Geurtze said they told her themselves that Supervisor Dolin promised them when they were hired that
they would get another dollar. They were uncomfortable coming in at $18, which we all feel was too high
to start with. Supervisor Dolin said he told them that he would try and get them what the previous people
were getting. Supervisor Dolin added that there is a Board of 5 people and he couldn’t promise it. Mrs.
Geurtze added that’s what your employees are saying to us. Supervisor Dolin said he told them he
would try but he’s only one vote and they knew that. Mrs. Geurtze clarified that they said they were
promised. Supervisor Dolin said I’m one vote out of five. Judge Adkins said on March 24 were goin g to
work hard to come up with some type of salary schedule. Councilperson LaGrange said we’re going to
start before March 24th so we have something to present. Mr. Schenmeyer asked for a moratorium until
that. Councilperson LaGrange said his position on this job is that we lost the person for $1 and we
invested an incredible amount of money into her. Councilperson LaGrange added we’ve been able to
cut Mr. Purinton hours in half both in what he’s done for us and because of what Mrs. Boehlke had
learned from him. Councilperson LaGrange felt there was more to it than someone leaving and coming
back to get a raise. Mrs. Geurtze said you’re looking at it from a Board members point of view and we’re
looking at it from an employee’s point of view. Councilperson LaGrange said he’s looking at it from a
citizens and Board member point of view. Councilperson LaGrange has a great affinity for just about
every employee here and some of the highway crew are good friends. Councilperson LaGrange said he
knows pretty much what goes on in most offices at town hall. Councilperson LaGrange said he would
argue that he knows as much if not more than most of our Board members about what goes on daily.
The problem is we don’t have defined job description or defined amount. That’s what has to be done.
Mrs. Thompson said until the survey is done shouldn’t the Board go by what that job did in the past.
Councilperson LaGrange said he agreed with Supervisor Dolin in the fall that these positions, the
bookkeeper especially, should have been brought up at that time. Mrs. Thompson said she understands
that a lot of people feel the positions should be brought up but if everyone else’s job is going to be
reviewed shouldn’t that job be looked at the same time. Supervisor Dolin said that’s the salary he’s
going to recommend as a minimum even if we were to postpone this until March. Supervisor Dolin said
he can’t go six weeks without a bookkeeper. Supervisor Dolin said he’s asked the Board now to do
what they would in March. Supervisor Dolin said he’s recommending that the position is worth $21.50.
Supervisor Dolin added why Mrs. Boehlke would come back at her current salary of $18. Town Clerk
Deschenes asked why she’s leaving $27.50. Mrs. Thompson said if she does not like the job she has
now she’d be lucky to come back at the same salary. Supervisor Dolin said Mrs. Boehlke has plenty of
employment opportunities she doesn’t have to come back here for $18. Mrs. Thompson said she didn’t
say that. Supervisor Dolin said you’re saying come back at $18 or not work. Mrs. Thompson said if the
job was offered to her at $18.75, which is what she was making, isn’t it like she’s telling the Board if you
want me you’re going to pay me more even though I left already. Supervisor Dolin didn’t know what
leaving had to do with it. Mrs. Thompson said if she had never left she wouldn’t be getting $21.50.
Supervisor Dolin said that’s why she left. Supervisor Dolin asked if we’re punishing her. Mrs.
Thompson said no. Mrs. Geurtze said you’re telling everyone else to go some place else but you don’t
want her to go someplace else. Mrs. Thompson said she’s not saying her job isn’t worth $21 an hour
but at this point if everyone else has to wait, she should also. Mrs. Geurtze added no one is saying the
jobs not worth it but it’s the way it was done. Supervisor Dolin said in order to secure her services she
wants an answer now and he doesn’t want a vacancy for six weeks. Mrs. Geurtze said you are allowing
her to dictate what she wants and we can’t do that. Supervisor Dolin said you can come in tomorrow
morning and ask for any salary you want. Mrs. Geurtze didn’t feel that was her right adding that if she’s
unhappy she should look at other options out there. Mrs. Geurtze didn’t think it was her right to threaten
the Board. Mrs. Geurtze said she wouldn’t hold the Board hostage. Supervisor Dolin said if Mrs.
Geurtze had another option he would do his best to match that offer. Mrs. Geurtze said that’s not good
business. Supervisor Dolin said he did it all the time in the private sector. Mrs. Geurtze said that was
the private sector. Ms. Miller asked if Mrs. Boehlke was offered $22 when she resigned. Supervisor
Dolin said he didn’t because she was getting $27. Supervisor Dolin said he asked h er what it would
take. Ms. Miller said the point is when she comes back it’s not up to her to say she wants $2 more an
hours. Supervisor Dolin said it up to the Board. Ms. Miller said you’re telling the people here she won’t
come back unless she’s making $20 some dollars an hour. Supervisor Dolin said she’ll go somewhere
else. Ms. Miller concluded that you’re doing exactly what they’re saying you’re doing. Supervisor Dolin
said he knew he couldn’t offer her $27 and he discussed with her what it would take. Ms. Miller
recapped the situation with Mrs. Boehlke leaving and questioned why her salary had to go up for her to
come back. Supervisor Dolin said because she won’t come back. Ms. Miller concluded that she’s
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dictated the salary. Supervisor Dolin said she’s asking for that and the Board has to decide if they’re
going to give her that. Mrs. Geurtze said we know that’s already been decided. Supervisor Dolin said
we’re going to vote on it tonight. Councilperson Mackay felt this is a good discussion and he’s sorry that
it’s take the Board this long to address these issue. Councilperson Mackay felt that you’ve seen a
commitment from the new Town Board to deal with this going forward. Councilperson Mackay didn’t
think it was appropriate to address this potential reappointment as a political appointment.
Councilperson Baron asked then why is it not a vacancy we would advertise. Councilperson LaGrange
agreed with Councilperson Baron that this appointment is Supervisor Dolin. Councilperson Baron said
she didn’t mean that in a negative manor. This is a personal appointment.

Supervisor Dolin called for a roll call vote:

              Councilperson LaGrange:            Aye
              Councilperson Mackay:              Aye
              Supervisor Dolin:                  Aye
              Councilperson Reilly:              Nay
              Councilperson Baron:               Nay

All present and voting, the motion carried (3 Ayes-2 Nays)

22.   Approve the Budget Modifications
RESOLUTION 10-81
Supervisor Dolin offered the following resolution and moved 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
                                   Community Center
FUND BALANCE        A0909                             A1622.2      $179.00
                                   Equip
To appropriate money from fund balance to Community Center Equipment for
purchase of vacuum.
CONTINGENCY         B1990.4        Workers Comp       B9040.8      $47.30
To appropriate money from contingency for workers comp premium.
FUND BALANCE        FN0909         Workers Comp       FN9040.8     $2501.97
To appropriate money from fund balance for workers comp premium.
FUND BALANCE        FO0909         Workers Comp       FO9040.8     $2272.16
To appropriate money from fund balance for workers comp premium.

The Town Board hereby resolves, pursuant to authority in Town Law, section 112, to amend the Town’s
2010 budget as stated above.

Councilperson Reilly noted that there is an addition to the budget modification for the Justices in the
amount of $300.

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

23.   Adjourn
Councilperson LaGrange made a motion to adjourn and seconded by Councilperson Baron.                  The
meeting adjourned at 9:30 p. m.
_______________________
Diane Deschenes, Town Clerk




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