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DOC - Town of New Scotland - Town of New Scotland


                                      TOWN OF NEW SCOTLAND
                                      Regular Town Board Meeting

         The following Town Officials were in attendance:

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

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
     Supervisor Dolin invited the public to speak as items come up on the agenda.

4.   Approval of the Minutes of the Following:
      September 29, 2010 - Special Town Board Meeting
      October 6, 2010        - Budget Workshop
      October 8, 2010        - Special Town Board Meeting
      October 12, 2010       - Budget Workshop
      October 13, 2010       - Regular Town Board Meeting
     RESOLUTION 10-295
     Supervisor Dolin offered the following motion and moved its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby approve the minutes as
     presented by the Clerk for October 6, 2010.

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

     RESOLUTION 10-296
     Supervisor Dolin offered the following motion and moved its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby approve the minutes as
     presented by the Clerk for October 8, 2010.

     Councilperson LaGrange seconded the motion. All present and voting the motion carried (3 Ayes – 2
     abstentions). Councilperson Baron and Councilperson Reilly abstained since they were absent from that

     RESOLUTION 10-297
     Supervisor Dolin offered the following motion and moved its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby approve the minutes as
     presented by the Clerk for October 12, 2010.

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

     RESOLUTION 10-298
     Supervisor Dolin offered the following motion and moved its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby approve the minutes as
     presented by the Clerk for October 13, 2010.

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

                                       TOWN OF NEW SCOTLAND
                                       Regular Town Board Meeting

5.   Announcements:
        The 30 day period for the referendum on the Proposed New Salem Water District Capital
          Project has expired.
        The town advertised for the reshingling of the Community Center roof. Sealed bids are
          returnable by 3PM on November 19th.

         Reschedule Public Hearing
     RESOLUTION 10-299
     Supervisor Dolin offered the following motion and moved its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby reschedule the public
     hearing on Local Law K of 2010 for 6:45 PM on 12/8/2010.

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

6.   Voorheesville Area Ambulance (VAA) contract discussion
     Lieutenant Garrah said that the VAA has been servicing this area since 1952 and in 1984 the Town and
     the Village began subsidizing them. Fifty-seven percent of their current budget is insurance and utilities.
     The budget has been basically flat for a number of years. VAA does have certified EMT’s (Emergency
     Medical Technician) and attendants strive to have a professional appearance and manner. VAA has two
     ambulances which are certified for BLS (Basic Life Support). Lieutenant Garrah felt they have a
     wonderful building which serves the community, in fact right now there’s a training class going on for the
     County. Lieutenant Garrah said since last year the numbers of calls have dropped by approximately 100.
     She felt that could be attributed to healthier people, the fact that cars are safer, and health insurance
     issues. She also said people may be shying away from calling because they know a bill will follow the
     ride to the hospital. Lieutenant Garrah recapped the calls for 2009 and discussed transports. Transports
     mean that someone went to the hospital and by going to the hospital money is generated because there is a
     claim form submitted to the insurance company reimbursing the ambulance for the ride. VAA has been
     getting about 68-70% return on all of the insurance claims. Lieutenant Garrah added if you have fewer
     calls you’ll have fewer transports and therefore fewer claims. From January to April the claims generated
     nearly $50,000. If you look at a greater time period, from May though September, they’ve got about half
     of that. Fewer calls resulted in fewer dollars coming in to off set the budget which is subsidized by the
     town and the village. The average call generates $450 and they range from $100 to $600 per call
     depending on what insurance plan the patient has. Lieutenant Garrah said if VAA was to support itself
     totally on revenue recovery they would have to have about 530 calls, 320 of those would have to be
     transports with 225 generating claims from the insurance company, which is twice what they have right
     now. In other words it takes a lot of calls to generate the money. VAA is proposing they will need to be
     subsidized for 40% of their budget. The Town currently provides 61%. With the dollars that they
     generate from revenue recovery they would need a 40% subsidy or about $40,000. The split for the town
     is 61% and the village is 39%. VAA said because things have changed and they’ve had revenue recovery
     for a full year, they’ve had a chance to look at where they are and how the numbers jell. Sixty percent of
     their budget is being provided through revenue recovery and the balance doesn’t require a whole lot of
     people to help them. If the town would help them rather than a little piece of the village and a little piece
     of the town it would simplify things. In the end, the dollars to the town wouldn’t change much. The town
     is currently providing 60%, which is about $60,000 minus the revenue recovery they give back to us.
     Lieutenant Garrah said it’s kind of a wash. Lieutenant Garrah recapped the reasons why they’re
     suggesting this be handled by the town. First, the Town’s fiscal cycle matches theirs and the Village
     doesn’t. That would simplify things. It’s also their understanding that the town takes care of the ALS
     (Advanced Life Support) and the roving EMT. Lieutenant Garrah said VAA is like the second cousin and
     asked that the town take them too. This would eliminate the duplication of clerical services. They have
     one person who’s responsible for revenue recovery. She prepares the reports for the town and then has to
     duplicate them monthly for the village, which is time consuming. The last part is because they accept
     money from Medicare. The Federal government would prefer to have one agency passing the money
     back and forth rather than lots of hands in the pot.

     Councilperson LaGrange asked if the sheriff’s ambulance service had cut into any of their calls.
     Lieutenant Garrah said they looked at the data. Last year there were six calls that the sheriff’s ambulance
     took of theirs but it was during the day when they had no driver available. Lieutenant Garrah said from
     noon until 2PM they have a gap. Councilperson LaGrange wondered if there was a drop in the number of
     calls between January and April since much of that time is during the winter. Lieutenant Garrah said no

                                     TOWN OF NEW SCOTLAND
                                     Regular Town Board Meeting
adding that a majority of their calls are medical. The majority of their calls are for people over 65.
Councilperson LaGrange asked if she felt there was a drop in calls that might be considered less than an
emergency. Lieutenant Garrah said no, that they still get some calls where they know the person hadn’t
been feeling well but waited until 3AM to call the ambulance. Councilperson Mackay asked how and
when the revenue component is presented. Lieutenant Garrah said patient care is number one. This has
been hard for them and in the past the VAA said they didn’t want to do this. When you take someone to
the hospital it’s a horrible time for the patient and the family and the last thing they want to hear is “do
you have insurance”. VAA tries to collect the information when the hospital clerical person is checking
the patient in. The document that the hospital gets is faxed to them or they get it on the scene. In addition
to that they have to have the patient sign off authorizing VAA to contact their insurance company for
payment. Councilperson Mackay asked what would affect the range of revenue recovery. Lieutenant
Garrah said it depends on the kind of insurance coverage. Medicare pays 80%. Councilperson Mackay
asked if there is a typical call. Lieutenant Garrah said we come kind of cheap, we volunteer. The VAA
budget reflects the cost of doing business without a personnel factor because they don’t have a payroll.
Lieutenant Garrah said if you figure 350 calls divided into $90,000 that’s the price of the call. Supervisor
Dolin asked if Attorney Mackey had straightened out the district issue. Attorney Mackey said he didn’t
know if we have it completely straightened out. Attorney Mackey was asked before the meeting if we
could extend our fire protection district into the Village because our ambulance now follows fire
protection district lines. Attorney Mackey said we can’t extend a fire protection district into the village
but he didn’t think that means the town couldn’t do this if they want to. We would just have to make sure
that the geographic area that’s being serviced by the ambulance is who gets the bills for that budget item.
Supervisor Dolin said before we proceed any further we’re just trying to determine if it’s legally possible
and apparently it may be. Attorney Mackey agreed adding that he’s spoken with Attorney Hannigan
regarding that. Attorney Mackey asked Attorney Hannigan if he’s had any other experience with this that
have a village involved and you are asking a town to provide coverage. Attorney Hannigan said these
things are all the same but they’re all different. Attorney Hannigan said what they were looking at is the
tax line item for EMT, which is a town wide tax. Attorney Hannigan said he understands that we
presently don’t levy any tax for the advanced life support services that the County provides.
Councilperson Reilly said it’s part of the general town wide tax base. Attorney Hannigan said Bethlehem
has an ALS charge and a BLS charge. Attorney Hannigan thought if we used the EMT/D as your model
that you could assess the taxes for the EMS component along those lines and then adjust based upon
whether it was Onesquethaw or an area served by Voorheesville. The benefit being you could then have
an agreement with the County to bill not only to recover the BLS charges, which is what the ambulance
charges but also to bill for the ALS component which is approximately 25% on top. One bill could go
out. Medicare will only accept one bill and it has to be done by the transporting agency. Attorney
Hannigan thought that was how this whole concept got started, with the notion that you could do this with
an EMS charge that would cover the whole gamut (the ambulance service, the paid EMT, and the ALS
component). Attorney Hannigan thought the line was already there with that EMT/D line item. Attorney
Mackey said it would be basically the entire town less the Onesquethaw District. Supervisor Dolin added
that there are other Districts. Councilperson Reilly said Slingerlands, Elmwood Park and Delmar.
Councilperson Reilly said it would be a similar concept to the special EMT district but we would need to
create a new district because that one includes Onesquethaw. Councilperson Reilly said there are 5
special district associated with ambulance services. Attorney Hannigan said having this district would
help the VAA a lot but you would also be able to look on your tax bill and see what you pay for EMS in
New Scotland. It would take the mystery out of it and also facilitate the recovery for the ALS charge.
Councilperson Reilly said theoretically if the Village reduced it’s budget by the cost they spend for
ambulance, the net amount that a village taxpayer would be paying would not change. Attorney Hannigan
said that’s a nice idea but he thinks the village is scraping like every jurisdiction. Attorney Hannigan
added that their charge for ambulance services is buried within their budget. Councilperson Reilly asked
if VAA is looking at a January 2011 time frame. Town Clerk Deschenes couldn’t see how that could be
done. Attorney Mackey thought we’d have to be talking about January 2012. Councilperson Reilly said
another issue he has is we want to assure up until that point that everyone had paid their fair share.
Councilperson Reilly asked if there are amounts still due to the VAA from the Village. Lieutenant Garrah
said there were. Councilperson Reilly said it looks like you have revenue recovery numbers through
September. Councilperson Reilly asked how much of that has been sent back to the municipality.
Lieutenant Garrah said there is a check for the town tonight. Lieutenant Garrah added that VAA is only
making one check not two. Councilperson Reilly asked if the other 40% is in a bank account. Supervisor
Dolin clarified that it’s the village’s portion. Attorney Hannigan said they’re holding it until the matter is
straightened out. Attorney Mackey asked if the VAA is working without a contract for the Village right
now. Lieutenant Garrah said they’ve been working without a contract since the spring. Attorney Mackey
asked if their prior contract was similar to the town’s that they got paid up front and then you would

                                   TOWN OF NEW SCOTLAND
                                    Regular Town Board Meeting
reimburse the village periodically for your collection. Lieutenant Garrah said yes, that’s the old contract.
Attorney Mackey asked if it’s in re- negotiation at this point. Attorney Hannigan said they thought they
were and then they found out apparently the Village was under the impression that the payment
reimbursement system was going to change and that they weren’t going to be making the payment to the
VAA has they previously did. It created an awkward situation where a payment was made by the VAA
back to the Village and then there was no payment forth coming from the Village. Halfway though their
billing cycle they didn’t get approximately $20,000 that they were expecting. The Village’s position was
that they weren’t going to continue doing that. Unfortunately no one on the VAA Board was cognizant of
that. VAA presented the Village with a contract and they didn’t accept it. Attorney Mackey asked how
the VAA is being paid now. Lieutenant Garrah said that the Village hasn’t paid anything since spring.
There contract ended May 31, 2010. Once that contract ended they didn’t send anything. They use to pay
annually, June 2009 was the last payment. Attorney Mackey clarified that they would pay just as the
town did at the beginning of the cycle. Supervisor Dolin asked if they’ve paid any money towards 2010.
Lieutenant Garrah said zero adding that the VAA gave them what they thought was their share of revenue
recovery. Lieutenant Garrah said it’s kind of silly but VAA gives them the money and then they give it
back to them as their subsidy. Supervisor Dolin said so you provided service commencing June 1, 2010
to the Village and on top of that at some point you would send them a check. Lieutenant Garrah said yes,
adding that the check is for $20,000. Supervisor Dolin confirmed that VAA doesn’t have a contract.
Lieutenant Garrah said that’s correct. Supervisor Dolin asked why they think that you are providing
service. Lieutenant Garrah said we do, we just can’t pull the plug. Supervisor Dolin asked what happens
when you run out of money. Lieutenant Garrah said we don’t know. Supervisor Dolin asked if the
Village wants VAA to continue to provide service. Lieutenant Garrah said they say yes. Supervisor
Dolin said so there is a disagreement on terms. Lieutenant Garrah said yes. Mr. Ginter added that they
want us to take the revenue recovery money that we get whenever it shows up from the insurance
company and use that to pay our bills with and not subsidize us. They want to wait until the end of their
fiscal year and say if you didn’t have enough let us know what you need. Mr. Ginter said by that time it
will be too late. The VAA can’t anticipate paying a utility bill in October hoping that they’ll get a check
from the insurance.

Anne Carson
Mrs. Carson asked why the Village was doing that. Isn’t it because they want an accounting and a paper
trail of money coming in. Lieutenant Garrah said they get it monthly. They get every piece of paper that
the VAA gets from Medstat. VAA just removes the names because of privacy issues. They get every
document that VAA gets from a billing agency. Lieutenant Garrah said they don’t get anything else.
Mrs. Carson said so they know exactly how much revenue you’re getting? Lieutenant
Garrah said they have to interpret it themselves but we’re giving them what we get. Mrs. Carson said that
wasn’t her understanding.

Councilperson Reilly asked what role the Village staff plays in the revenue recovery process.
Councilperson Reilly specifically asked if they had any work that they do. Lieutenant Garrah said no,
VAA has a person who receives a stipend as an administrator, which is in their budget. She goes through
each record, processes the check, and goes back to Medstat regarding any discrepancies or time lags. The
checks that come from Medstat are directly deposited to a dedicated revenue recovery account for the
VAA. The checks are drawn from that account at the 69%-31% share. She generates a check to the
Town and the Village as that money accumulates. Lieutenant Garrah said in addition to the cover sheet
that she provides indicating the money that came in and the split is all the documentation that reflects how
that figure came about. There is a summary with backup behind it as well as the monthly reports that go
to the Village that the Town hasn’t requested.

As a follow up, Supervisor Dolin said he spoke to Captain Shufelt this afternoon and it’s his
understanding that the LOSAP (Length of Service Program) is being administered by VAA and Glens
Falls National. Lieutenant Garrah said it’s Penflex. Supervisor Dolin asked who makes investment
decisions. Lieutenant Garrah said Glens Falls National. Supervisor Dolin said what he’s trying to
ascertain is what responsibility the Town would have for managing the investments. Attorney Hannigan
said that wouldn’t change. There is an independent administrator called Penflex. Glens Falls National
promotes representing the trustees for investment. Supervisor Dolin asked who the trustees are.
Councilperson Reilly said if it’s similar to the fire departments the Town Board would be the trustees.
Supervisor Dolin said Captain Shufelt was telling him there is an exception to the law. When they created
the law there was some kind of fluke where volunteer ambulance services independently organized did
not have to have a municipality be the trustees. Supervisor Dolin asked if Attorney Hannigan could shed
some light on that. Attorney Hannigan didn’t know but offered to find out. Supervisor Dolin said there is

                                 TOWN OF NEW SCOTLAND
                                 Regular Town Board Meeting
an administrative load to the municipality. If the Town Board was in fact the trustees it imposes certain
obligations. Attorney Hannigan said the administrative load is more of a fiscal load. Supervisor Dolin
said he would want to know what our responsibility would be in that regard. Attorney Hannigan again
offered to look into this.

Supervisor Dolin then asked if the Village would like to have a contract with the VAA. Attorney
Hannigan said based upon his discussion with Trustee Cardona the Village wants the ambulance service
and they appreciate the value of the service. Attorney Hannigan added that he doesn’t think they would
regret having the responsibility placed on the Town. Attorney Hannigan thought if the Town would take
on that obligation the Village would be relieved. Supervisor Dolin said as far as the split and the cost it
has nothing to do with where the calls are. Lieutenant Garrah agreed adding that she understands that it’s
based on population. Supervisor Dolin asked why the VAA keeps track of it. Lieutenant Garrah said the
Village wants to know whether the call is in or out of the Village. Mr. Ginter said the Village really
wants us to operate on the revenue that we get from these calls and then at the end of the year they’ll settle
up with us. That’s what we can’t do. The number changes so the amount of money that comes in
changes too as well as the timing issue. Supervisor Dolin said there’s another issue. In fairness to the
consumers of the town the 61% that we contribute, it sounds like we’ll be subsidizing the Village
residents. Supervisor Dolin asked are we going to be subsidizing the cost and the expense of the service
effect January 1 for the Village. Supervisor Dolin added for the village calls you’ll be using town money.
Attorney Hannigan said they already are because they didn’t get any money from the Village. The
Village has said come back to us at the end and if you didn’t quite make it they’ll help out. Attorney
Hannigan said you can’t gage what “help you out is’ and you can’t budget for it. Attorney Hannigan
added that if the VAA doesn’t get a check from the Town in February they’re in a world of hurt.
Supervisor Dolin said he’s just trying to understand but they will get a check. Attorney Hannigan added
that they have received the revenue recovery checks for patients that were transported who were Village
residents, which covers some of the cost. Lieutenant Garrah showed Supervisor Dolin what they give to
the Village monthly with the patients names removed. Supervisor Dolin then said that allegedly ALS has
the right to get reimbursements. Supervisor Dolin said he’s been pushing them as to why they haven’t
been doing this. He understands they would get $600 for accompanying an ambulance to the hospital.
Supervisor Dolin asked if the VAA bills for BLS. Lieutenant Garrah said it’s based on the type of call it
is. Supervisor Dolin asked Attorney Hannigan about the line item on the tax bill. Attorney Hannigan said
the level of care is BLS or ALS. ALS is provided by the County. Attorney Hannigan added that most of
this is driven by Medicare. The provider can bill but Medicare will only accept one bill and that’s the one
from the transporting agency. There would have to be a delegation of the ALS collection to the
transporting agency. They would recover at a higher rate. The way it is right now, New Scotland is
paying the County and not getting anything in return. Supervisor Dolin said if the County was sending
the bill you could incorporate it. Attorney Hannigan said in simple terms yes. Attorney Mackey asked if
there is a reason that can’t be done under the current system. Attorney Hannigan said the main reason is
that Medicare will accept one bill from the transporting agency. The transporting agency will incorporate
the ALS charge and then when the revenue comes in the ALS component is carved out. Attorney Mackey
didn’t understand why we could do that if we change but we can’t do it if we don’t change. Attorney
Hannigan said you could do it now but there would have to be some contractual relationships between the
County, the Ambulance and the Town. Those contracts don’t exist right now. Attorney Hannigan said
it’s not that easy but in theory what you would want is one bill going from the transporting agency to an
insurer and when the money comes in it gets apportioned. Guilderland does it. They operate their own
ALS service. Western Turnpike Ambulance bills for it and a credit is given back to Guilderland.

Councilperson Mackay asked if the Town had received any official communication from the Village
regarding this. Supervisor Dolin said we haven’t and that’s why he’s trying to explore where we are
going January 1. Supervisor Dolin said typically we do a new contract in January and it won’t include
this. Attorney Hannigan said that the VAA is going back to the Village with another proposed contract
and we’ll see what response we get. Attorney Hannigan added the revenues are diminished this year
because the calls are down so the help needed is probably more than the Village expects it to be.

Saul Abrams
Mr. Abrams asked if the VAA had taken any steps to recover the $20,000. Attorney Hannigan said they
haven’t done that. The problem is without a contract the $20,000 isn’t really the number. Mr. Abrams
said if they’re not entitled to the $20,000 that you gave them you have a right to recover it. Attorney
Hannigan said the $20,000 that the VAA gave them was for prior months. They did that with the
expectation that they would pay the VAA going forward but the Village said they’re not going to do that
any more.

                                  TOWN OF NEW SCOTLAND
                                  Regular Town Board Meeting

Edith Abrams
Mrs. Abrams said the Village is building a new development within the village. The Town has a new
development that’s going to be built on Route 85A, a huge one on both sides of Hilton Road, and one at
the County Club. We’re going to have a senior development on Route 85. Mrs. Abrams asked how that
would affect EMS in the future. Will we have enough people or enough money? Mrs. Abrams asked if
anyone consults the ambulance district. Attorney Hannigan said he lives in Bethlehem where Delmar
Place was constructed. That was the reason why Bethlehem and Delmar Ambulance had to go to a billing
system. There are four calls there a day. That necessitated the need for full time staff. Attorney Hannigan
said if you look to the experience of Delmar when you add a senior housing unit with 150 rooms it’s
going to put an increase load on, particularly if it’s assisted living. Mrs. Abrams said this is just 55 and
up. Attorney Hannigan said that’s your primary population for people using the service. It does have an
impact. Mrs. Abrams said knowing that these developments are going to happen does the VAA take this
into consideration for future budgets. Attorney Hannigan said when the ground is broken and occupancy
takes up you deal with it. His point about the Delmar situation is it puts such a demand on the system that
it had to go to a fully compensated system. Attorney Hannigan said that’s just an example of one facility.

Supervisor Dolin said in order for the Town to proceed with this we would have to do it effective January
1, 2012. It would have to be listed as a special district on the town tax bills. Councilperson Reilly asked
Supervisor Dolin to ask the Assessor to come up with what the total assessed value for a district would be
so the Board can get a sense of the financial picture. Councilperson Reilly thought it would be helpful to
know what a typical resident would be paying. Attorney Hannigan said he has a tax bill that shows the
charge for the special EMT. A $54,000 tax levy on a house assessed at 212,000 is $13.12. Supervisor
Dolin felt the reality is, in terms of planning, this couldn’t possibly happen until January of 2012.
Attorney Mackey agreed.

Michael Dorgan
Mr. Dorgan asked if there is not a way to create an emergency situation. If VAA has to wait until next
January they’re going to be hurting if the Village chooses not to contribute anything. Mr. Dorgan asked
about a second tax bill.

Councilperson LaGrange said if the Town Board is going to entertain this, after some information is
acquired, he would think that an emergency to bridge the gap might be on the Village’s shoulders
knowing that they might get out from under this. Supervisor Dolin didn’t want to give any false hope.
Councilperson LaGrange felt the Board needed information. Supervisor Dolin said his understanding is
the Village would like to continue to use the VAA. Supervisor Dolin asked if there is a drop-dead date.
Attorney Hannigan said they’re going to go back to the Village but they don’t really know what their
expectations are. They don’t want to subsidize the ambulance ahead of time like they historically did.
Attorney Hannigan said they don’t know what the response from the Village will be. Supervisor Dolin
said the Town doesn’t have any control over this, VAA has the control. They either provide the service or
they don’t. Supervisor Dolin added that the Town is being drawn into this. Attorney Hannigan said the
reason we’re coming to you is because you already bill on a town-wide basis for EMS and we believe that
you could incorporate VAA and if you wanted to you could levy for the ALS. Attorney Hannigan added
if you take the Village out of the equation the residents would still get the Town tax bill with the levy on
it. They will be paying for the service and it won’t be on the shoulders of the people outside of the
Village. Supervisor Dolin said the Town is a pawn and he feels it’s up to the VAA to resolve their
relationship with them either by continuing to provide service or to stop providing service. Councilperson
Reilly said there is a logistical issue with the Town dealing with this between now and January 1, 2011.
Councilperson Reilly said he’s not necessarily crazy about the Town taking this over, but at the same time
he doesn’t want to see the VAA stop providing service in the Village, adding that the Board represents the
Village residents as well. Councilperson Reilly felt the Town would want to deal with this going forward
but we need more time. Attorney Hannigan said VAA is not going to stop providing service to anybody
until they have to close their doors. VAA does think it makes more sense to administer ambulance and
EMS on a town-wide basis. Supervisor Dolin said but it’s not town-wide. Attorney Hannigan said it is
with the exclusion of Onesquethaw. Supervisor Dolin said that’s a big exclusion and as far as the
ambulance goes there’s Delmar ambulance. Attorney Hannigan said the Town provides ALS service and
EMT service. The only thing you are not providing for Town-wide is the ambulance transport and it’s
carved out between the Town and the Village. Attorney Hannigan said we’re hoping to make it Town-
wide and adjust for Onesquethaw. Councilperson Mackay asked when the VAA is meeting with the
Village. The last time they met was October 5th. Councilperson Mackay asked that the VAA advise the
Town Board when they meet again. Supervisor Dolin said with all due respect if you represent that you

                                  TOWN OF NEW SCOTLAND
                                   Regular Town Board Meeting
are going to continue giving the service then the discussion is over. The Village is going to pay you when
they want to pay you. Lieutenant Garrah asked how you can not answer a call. Councilperson LaGrange
said he knows a lot of people in the Onesquethaw Ambulance service and VAA and that’s what you do.
Councilperson LaGrange said he understands that and what Supervisor Dolin is saying. Councilperson
LaGrange said it’s a tough position to be in. Lieutenant Garrah said the patient should not be penalized.
Attorney Hannigan said this ambulance service can’t survive on revenues alone so it has to be subsidized
by someone. The Town does it and the Village historically did it. Now the Village is not continuing and
that presents a problem. The VAA sees the solution as being an ambulance service administered on a
town-wide basis like it is in most of the adjoining towns. Councilperson LaGrange said that’s an option
after we have more information. Supervisor Dolin added that Bethlehem doesn’t have a village so it’s not
the same. Supervisor Dolin said a village is a legally constituted municipality and they provided services.
Councilperson Reilly added that the Town provides services to the Village too. We have an A fund and a
B fund. Supervisor Dolin said the ALS is town-wide. Councilperson Reilly agreed saying clearly we
would have to define a district and it would not be the same as the ALS district.

Edith Abrams
Mrs. Abrams thought that the Village would like the Town to take over this responsibility. Supervisor
Dolin said I don’t think they do. Mrs. Abrams said it sounds like they don’t want to pay for it.
Supervisor Dolin said I’m not sure that’s accurate. Mrs. Abrams said they want to pay for it at the end
when it’s inconvenient for the VAA and so some people are suggesting that perhaps the Town take over
this responsibility. Mrs. Abrams felt there might be a quid pro quo between the Town and the Village.
Mrs. Abrams added that the Town could have some sort of negotiations with the Village to take over this
kind of responsibility. Supervisor Dolin said his understanding is that the Village wants to continue the

Kate O’Dell
First Lieutenant O’Dell said on October 5th when the VAA met with the Village Trustees, Mayor Conway
said that he would love to have the Town take it over but it was their understanding that the Town didn’t
want to have anything to do with it. Supervisor Dolin said that’s very interesting. Mr. Abrams said it was
in the newspaper. It was a quote saying that the Town just wants to pay its money and not get involved.
Lieutenant O’Dell added that Attorney Hannigan said he would call the Supervisor the following day.
Mayor Conway said he would also call. Supervisor Dolin said let me correct the record. If the Trustees
as well as the Mayor feel that way it’s interesting news. Supervisor Dolin said he would confirm that. As
far as what he said, Supervisor Dolin told Attorney Hannigan that he felt that the Village wanted to
continue to do it. Supervisor Dolin suggested Attorney Hannigan go back because he spoke with Mayor
Conway and he felt it could be worked out. Supervisor Dolin said he suggested Attorney Hannigan call
the Mayor. Attorney Hannigan said when he spoke with Supervisor Dolin had already spoken with the
Mayor. Supervisor Dolin said his impression from the Mayor was that they would like to continue the
relationship. Lieutenant O’Dell said she was surprised to see that in the Altamont Enterprise because
that’s not what the Mayor said on October 5th. Supervisor Dolin said he didn’t know that. Supervisor
Dolin said he told Attorney Hannigan that he spoke with Mayor Conway and he thinks this can be worked
out. Supervisor Dolin thought that was the end of it. Attorney Hannigan said what happened was he was
surprised to hear what you said about the Mayor’s statement. That’s where they left it. Supervisor Dolin
said it was all very positive and he didn’t say that the Town didn’t want to do it. He said that we’re very
interested in the residents of the Village because they are also residents of the Town. Supervisor Dolin
said he hoped it would never come to this but that we would be interested in what the outcome was and
we’re obviously interested in continuing the service. Supervisor Dolin added that he couldn’t speak for
the Board.

Edith Abrams
Mrs. Abrams said what she was suggesting is that should the Town have to take this over, you can have a
quid pro quo with the Village. Mrs. Abrams said she was here once when you mentioned that the Village
is charging a water district two times the amount. Mrs. Abrams added that water could be a quid pro quo

Supervisor Dolin wanted to make one final statement. At this point this is a negotiation between the VAA
and the Village. VAA is providing the service and it’s up to you if you want to continue providing the
service to them under the current arrangement. The Town isn’t part of the negotiations. Supervisor Dolin
asked if VAA is going to continue negotiations with the Village. Attorney Hannigan said VAA is going
to present the Village with a contract and advised them that it’s been six months since they’ve gotten any
money and here’s the help we’re looking for. Attorney Hannigan added that VAA revenues are

                                         TOWN OF NEW SCOTLAND
                                          Regular Town Board Meeting
      substantially less in the past six months than they ever have been. The Village has really given VAA no
      indication as to what they are going to do.

      Councilperson Reilly asked VAA to let them know when they’re meeting with the Village.

      Lieutenant Garrah said the idea of the Town being responsible for the full subsidy of the ambulance has
      been a discussion with the members when revenue recovery started back in 2009. Lieutenant Garrah said
      it was new to them and you have to learn it as you go along. The conversation has been ongoing to the
      membership. Lieutenant Garrah said they met with Supervisor Dolin last summer and planted the seed.
      That was before this Village nonsense. Supervisor Dolin said I just don’t want you to underestimate the
      administrative responsibilities that the Town would take over.

      Anne Carson
      Mrs. Carson commented that the VAA said it was new to them in 2009. Mrs. Carson said remember it
      was new to the Village also. Mrs. Carson thought what the Village is asking for, at the request of an
      auditor, is for them to have an audit. Mrs. Carson said I don’t think that VAA wants to do that.
      Lieutenant Garrah said we have one annually.

      In closing, Supervisor Dolin said we are interested in preserving the service for the Village residents.
      Councilperson LaGrange said that we’ve learned that we’re constrained until January of 2012.
      Councilperson LaGrange added that he’s not insinuating that we’re going to take it over but it’s not an
      option for us for a year. Councilperson Reilly requested that we investigate what the time frame would be
      to create a district. He also wanted to know what the assessed value would be so the Board could have a
      sense of the tax rate. Councilperson Reilly thought it would be about $580,000,000. Supervisor Dolin
      said he would do that.

7.    Resolution adopting the 2011 Budget and Salary Schedule
      RESOLUTION 10-300
      Supervisor Dolin offered the following motion and moved its adoption:

         Resolved that the preliminary budget, with the addition of a $1,600 line item that was accidently
      dropped from the tentative budget, is hereby adopted as the official Town budget for the Town of New
      Scotland for the calendar / fiscal year 2011.

      Councilperson LaGrange seconded the motion.

      Councilperson Reilly asked about the $1,600 line item. Supervisor Dolin said it was money for the
      concerts and it’s now back in.

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

      RESOLUTION 10-301
      Supervisor Dolin offered the following motion and moved its adoption:

          Resolved that the salaries of the Officers and Employees of the Town of New Scotland for the calendar
      / fiscal year 2011 are hereby established as set forth in the 2011 pay sheet dated November 4, 2010 to be
      effective January 1, 2011.

      Councilperson Mackay seconded the motion.

      Councilperson Reilly asked if these are the same numbers that are in the budget. Supervisor Dolin said
      they are.

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

8.    Action regarding Proposed Local Law K of 2010, a Dog Licensing Law of the Town of New
      This item was tabled.

10.   Request from New Scotland Business Builders for use of the Community Center
      The New Scotland Business Builders would like to use the Community Center for their monthly meetings

                                       TOWN OF NEW SCOTLAND
                                        Regular Town Board Meeting
      but they don’t have any insurance. Supervisor Dolin said that the Town Clerk advised him that there are
      organizations that we’ve allowed to use the center without a liability insurance policy. Town Clerk
      Deschenes said that’s correct but for the most part we get it when we can. Supervisor Dolin didn’t have
      an objection. Councilperson Reilly said he didn’t either but noted that there are times when the New
      Scotland Business Builders has had a community-type function. Councilperson Reilly wanted them to
      have insurance for something like that but if it’s simply a meeting for the members that’s okay.
      Supervisor Dolin said he would communicate that. Councilperson Reilly also asked that we run it past
      our insurance agent.

11.   Discussion/Action regarding an Article 7 proceeding involving communication towers
      This item is off the agenda. If and when there is a proposed compromise Supervisor Dolin will put this
      back on the agenda.

9.    Discussion / Action regarding the postage meter contract
      The five year lease on our postage meter is expiring on December 19th. We currently pay $79 per month.
      We have had a few problems with the current machine. The company came in and showed us a new
      machine for $77.58. Town Clerk Deschenes felt she should check around even though this fell within the
      procurement guidelines. Another company suggested we consider renting a machine which would give us
      more flexibility. SendTek has a machine for $82.95 that Town Clerk Deschenes is interested in. It’s a
      two year rental including a service contract. The machine is a little bit better than what we currently have
      and it is within the budgeted amount. Town Clerk Deschenes asked the Board to consider approving it
      based on Attorney Mackey reviewing the rental agreement.

      RESOLUTION 10-302
      Supervisor Dolin offered the following motion and moved its adoption:

         Resolved that the Town Board of the Town of New Scotland does hereby authorize signing a two year
      rental agreement with SendTek, Inc. for $82.95 per month pending Attorney Mackey’s review of the

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

6.    Voorheesville Area Ambulance (VAA) contract discussion continued
      Attorney Mackey asked to go back to this topic. Under §209 of the Town Law, the Town is authorized to
      create, as a special district, an ambulance district. It says that the Town can not do that within the
      boundaries of an incorporated village without the consent of the Village Board. Their consent has to be
      approved as expressed in a Local Law, Ordinance, or resolutions subject to a permissive referendum of
      the Village Board. Attorney Mackey recommended inquiring if the Village Board wants to consider it.
      Without their consent the Town can’t do it. Supervisor Dolin said he still thinks that they want to
      continue the relationship. Attorney Mackey said that we could simply express that the answer to the
      ambulance is that we don’t have the authority to do it without their consent. Supervisor Dolin said even if
      there were no such law, if they want to continue the relationship he didn’t think we would want to
      interfere. Councilperson Reilly said there are times when you’re creating a new special district when it’s
      not the time of year when it’s easy for cost to go out on a January tax bill. Councilperson Reilly asked
      how that would work. Councilperson Reilly said with a water district there’s a single bill that goes out.
      Attorney Mackey said the water districts have the tax bill that goes out in January but then they have
      usage. Councilperson Reilly said so we simply wait until the following January. Attorney Mackey said
      here we would have to create a special district on the consent of the Village. You’d have to have all that
      in place in order to have time to budget for it.

12.   Highway/Parks
       Permission to go out to bid for uniform service with bid opening at 10:00 am on December 3rd
      RESOLUTION 10-303
      Supervisor Dolin offered the following motion and moved its adoption:

        Resolved that the Town Board of the Town of New Scotland does hereby authorize the Highway
      Superintendent to go out to bid for uniform service on December 3, 2010 at 10:00 AM.

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

                                         TOWN OF NEW SCOTLAND
                                         Regular Town Board Meeting
13.   Engineering:
       New Salem Water Project Budget task reassignment (no change in contract)
      Engineer Dempf said the discussions with Bethlehem are moving in a positive manner. It’s being brought
      up with their Town Board tonight.
       General Engineering Change Order #3
      As he noted early, Engineer Dempf said they would probably have to come back to the Board to get them
      through the end of the year. Engineer Dempf projected getting through the rest of the year with another
       Planning/Zoning Supplemental Agreement
      Engineer Dempf said the total for the entire year for the supplement agreement for Planning is $983.00
      and Zoning is $376. Councilperson Reilly asked if there’s a reason why it’s up. Engineer Dempf said
      there were several items that were not assigned escrows. Councilperson Reilly asked if the number in the
      budget for next year would still be appropriate. Engineer Dempf said it would be.
       New Salem Project
      Engineer Dempf anticipated expending a little more effort in the New Salem project with the negotiations.
      There have been three meetings so far. They are looking to postpone or transfer the budget they had
      included for preliminary soils information. Engineer Dempf believed there was an $8,000 task. They’re
      asking the Board to reapportion that to the same work that they’re doing now. Supervisor Dolin said we
      adopted a resolution. Engineer Dempf said the Board authorized the whole thing he’s just asking that the
      Board reallocated inside the budget. Supervisor Dolin didn’t know if the Board really cares since there is
      an upper limit. Engineer Dempf said he just wants to make sure that the Board is informed. They just
      want to move tasks around. Engineer Dempf thought that with the budgeting and tracking in the
      Supervisor’s office it’s important that they understand what tasks were working on. Engineer Dempf just
      wanted to make sure that everyone is in agreement that we’re shifting tasks around. No budget change is
       General Engineering Change Order #3
      Councilperson Reilly said that change order #3 references September and October but will it also cover
      the time in November and December. Engineer Dempf said it should.

      RESOLUTION 10-304
      Supervisor Dolin offered the following motion and moved its adoption:

         Resolved that the Town Board of the Town of New Scotland does hereby authorize that the
      Professional Services Agreement Change Order #3 be approved as requested.

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

       Planning/Zoning Supplemental Agreement
      RESOLUTION 10-305
      Supervisor Dolin offered the following motion and moved its adoption:

         Resolved that the contract for special services between Stantec, Inc. and the Town of New Scotland
      involving services to the Planning and Zoning Boards be amended increasing the items to $376 and $983.

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

       Highway Garage
      Engineer Dempf said that they’ve done the analysis of rehabilitating the existing structure to enlarge the
      workmen’s break area. They have analyzed the heating and ventilating system to include an air purifier, a
      fresh air intake for the boiler and for the hot water heater. They’ve also prepared an estimate to provide
      air-conditioning to that space. Supervisor Dolin asked when we can get the ventilation corrected.
      Engineer Dempf has a draft of the RFQ. The ventilation total for all three pieces is under $20,000 so he
      thought it could go out as a quote. It can be circulated and then we can get the quote. Engineer Dempf
      said he prepared cost estimates for the rehabilitation of that whole side of the Highway Garage. It
      includes moving walls, windows, doors, bathroom renovations etc. It’s a complete package including a
      code review to make sure we are in compliance with the Building Code. Also in the package is the
      preparation of the site work, utilities and installation of the separate office trailers that we’re looking at.
      A final cost estimate for the entire project is also included. Supervisor Dolin asked what that it.
      Councilperson Baron said $400,000. Engineer Dempf said they also broke out what the tax implication
      is. He believed it’s about a $.06 per 1,000 on the DB fund. Supervisor Dolin said it would be the A fund

                                         TOWN OF NEW SCOTLAND
                                          Regular Town Board Meeting
      because buildings are town-wide. Supervisor Dolin asked if Highway Superintendent Duncan has seen
      this yet. Engineer Dempf said no. Supervisor Dolin said he would share it with him and we’ll get
      packages out to the Board. Councilperson Mackay asked if there is a time frame for once bids are in for
      the proposed renovations. Engineer Dempf asked which renovations. They have a set of schematic plans
      for the renovations but we don’t have a bid package. In order to do the renovations Engineer Dempf
      though we would probably need a month to put the building renovation package together. The other
      package is basically done. They did assume in the construction cost estimate that no town forces will be
      used. Engineer Dempf didn’t know if that’s a good assumption but that’s what they’re going by right
      now. Engineer Dempf added that specifically he’s referring to the pad for the trailers and things like
      water and sewer. Supervisor Dolin said it makes him nervous when Engineer Dempf calls them trailers.
      Engineer Dempf said they are temporary executive modular units. Supervisor Dolin asked if
      Councilperson Baron has ever seen these temporary classrooms and what they’re like. Councilperson
      Baron said I don’t think you’d want to propose them, adding that they’re meant as a temporary stop gap
      for maybe two years. Supervisor Dolin thought that the Board would want to talk to Engineer Dempf and
      Highway Superintendent Duncan further about whether this is a good idea. Supervisor Dolin said
      Highway Superintendent Duncan would have his executive offices in a separate building. Supervisor
      Dolin said that sounds attractive to him but we might want to put some more money into it because it
      might become more permanent. Engineer Dempf said on the actual site they’ve planned a hook-up to the
      septic system, its own electric, and it will pull its water out of the garage structure itself. It’s pretty much
      a stand alone set up. Engineer Dempf said the only place we are a little shy is we haven’t set it on a
      foundation, it’s on a pad. Councilperson Reilly asked about the life expectancy. Engineer Dempf said it
      could be about ten years. Engineer Dempf said this is a step up from the ones that Councilperson Baron
      referred to. Engineer Dempf added most of the installations go for two years but then they go back to the
      shop, get refurbished and go out to another school or site. They have looked at a ten year life for this type
      of structure. Supervisor Dolin said Engineer Dempf will be giving us a presentation.

14.   Liaison Reports
       Senior Outreach
      Councilperson Baron said that Ms. Kidder is keeping the seniors busy. There is a list for November and
      December. Councilperson Baron added that quite a few people have been going to the Historical
       LOSAP
      Councilperson Reilly said Mrs. Ernst sent out the latest LOSAP report for the fire departments.
      Councilperson Reilly thought in the next week or so they would have a committee meeting.

15.   Invitation to the Public to Discuss Non-Agenda Items
      Edith Abrams
      Mrs. Abrams asked for clarification regarding the announcement about the proposed New Salem Water
      district. Attorney Mackey said that the Town is actually loaning money to a potential future district to
      determine whether creating the district is feasible. If a certain number of residents sign a petition they
      could force that to a public referendum and vote on whether or not to make that expenditure. They had 30
      days to do it. The resolution had to be published, which it was. Thirty days have gone by and there was
      no petition so now the resolution is final.

      Patrick Arico
      Mr. Arico said Highway Superintendent Duncan thought the Board would be discussing his problem.
      Supervisor Dolin said there are a lot of ramifications and all the players including Highway
      Superintendent Duncan should be present. Supervisor Dolin discussed this briefly with Engineer Dempf
      today and there is an historical perspective. Supervisor Dolin asked how long Mr. Arico has lived there.
      Mr. Arico said ten years. Supervisor Dolin said apparently this situation has some history and we’re
      trying to get all the facts. Supervisor Dolin realized that Mr. Arico is only interested is his portion but the
      Engineer and the Attorney need to talk before the Board can undertake something. Supervisor Dolin
      added that’s his advice to the Board. Supervisor Dolin then asked Mr. Arico to give the background. Mr.
      Arico said his house flooded for the first time December 25, 2007. At that time he didn’t know how the
      whole sewer system is supposed to work. Supervisor Dolin said it’s a storm water system. Mr. Arico
      said he reported it to his insurance company and he didn’t have enough coverage. It happened again
      October 28, 2009. The water was coming in so fast that he called the Town to find out about getting a fire
      truck to help. Mr. Hensel from the Highway Department came over and said this isn’t supposed to
      happen. They tried to slow it down but they couldn’t. Mr. Hensel showed him the catch basin and it was
      up to the top. The next day they snaked the pipe and then there was a trickle in the bottom. Mr. Hensel
      told Mr. Arico that this is not supposed to happen and whenever he sees water coming into the basement

                                   TOWN OF NEW SCOTLAND
                                   Regular Town Board Meeting
he should call. This past May water started coming in. Mr. Arico has two sump pumps. It didn’t flood
because the two sump pumps kept up to it. Supervisor Dolin asked where the sump pumps pump to. Mr.
Arico said out to the street. Mr. Arico said Mr. Hensel came over. They thought the problem was on
Mrs. Mouyos lawn. They weren’t sure what it was. Mr. Arico said he was under the impression that
something was going to be done. Mr. Arico said October 1, 2010 he flooded again. The Town looked at
the manhole cover on the other side of the plug and nothing was done. His manhole cover was up to the
top again. They had to pump out the catch basin for a week and the following week they replaced a 16’
section of pipe. Mr. Arico said it’s not supposed to happen. If the basement here flooded three times in a
year the Board would do something about it. Mr. Arico said whether the system doesn’t work or whether
there was negligence in fixing the blocking he doesn’t know. Mr. Arico said he spoke with Highway
Superintendent Duncan the other day after sending the letter. Mr. Arico said the guys have been great.
Highway Superintendent Duncan came one night at 1 AM to help him out. Mr. Arico said he’s put
gutters on and has done everything he can to keep the water from his basement but it’s coming from the
sewer, which he assumes he pays sewer taxes on. Attorney Mackey asked if Mr. Arico means it’s coming
from the storm sewer.            Mr. Arico agreed added he would just as a soon have the
Town block it off. Mr. Arico said he doesn’t have any control over it if the problem is on Mrs. Mouyos
lawn. Supervisor Dolin said that’s why he asked where the sump pumps were going. Mr. Arico said the
sump pump go out to the road. Supervisor Dolin said then you wouldn’t care if it’s blocked off. Mr.
Arico said if the pipe is blocked off his sump pumps would go all the time. It worked for two years. He
doesn’t know what happened. Mr. Arico said the drainage around the outside of the house runs into the
sump pit. Supervisor Dolin said it normally can handle it. Mr. Arico thought it would be able to handle
it. Supervisor Dolin said he’s communicated with the Board but they haven’t had a chance to
communicate with the attorney and engineer. Supervisor Dolin thought the Board needed some time. Mr.
Arico said he’s had close to $20,000 worth of damages. Supervisor Dolin asked that Mr. Arico give the
Board an opportunity to investigate this. Supervisor Dolin asked if Engineer Dempf had any suggestion.
Engineer Dempf said that the sewer system in that development is unique. There is no actual roadway
surface drainage. The storm sewer system in that development was constructed for one purpose only
from what they can figure and that was to drain footings and foundations. That’s why it runs through the
backyards. There was one modification to the system in the eighties. Engineer Dempf found some of that
information. Generally speaking that’s really it. It does have some issues. Engineer Dempf said in
today’s day and age we would not have a gravity system into a footing drain into our system. We would
require sump pumps to pump into our system for two reasons. One, there is automatically a check valve.
The system that was put in by the developer in 1939 didn’t contemplate that. Two, the sump pumps
themselves have check values in them. The problem is that he still has a gravity pipe connected to the
existing system. If there is an issue somewhere in the system evidently it backs up. Mr. Arico said he’s
the last house before the catch basin and everything flows down hill. Attorney Mackey asked if this is
part of a special district. Engineer Dempf said not right now but we have to have that discussion.
Councilperson Reilly asked if some of these structures are on private property do we own them. Engineer
Dempf said one of the main trunks of the system does go through the backyards. There is an issue of
where do we pick up and collect and do we actually have a right-of-way. Engineer Dempf said he saw
something recently where we can take implied right-of-way even if it wasn’t deeded to the town.
Attorney Mackey said if it’s within the roadbed. Engineer Dempf said none of this is within the roadbed
it runs through the backyards. Engineer Dempf didn’t believe there is a deeded right-of-way. Building
Inspector Cantlin is looking up the 1939 subdivision plan, which had to be approved by the Town Board
at the time because there was no Planning Board. Attorney Mackey asked if there’s a homeowners
association. Engineer Dempf said no. Councilperson Reilly said it would almost be a drainage district.
Attorney Mackey agreed adding that it’s not a special district. One could be created but that only
addresses who you would tax the cost to and it doesn’t address the underlying problem is this town’s
responsibility. Councilperson Reilly agreed that’s a threshold questions but you quickly get to if there are
cost involved who really should be footing the bill in terms of the taxpayers. Councilperson Reilly
thought it was something we’d have to look at. Supervisor Dolin said the issues is right now we’re
treating it as if we owned it. Supervisor Dolin didn’t even know if there were any recorded easements but
the subdivision plat may have it. Engineer Dempf said he has a plat but he can’t tell whether there are
actually recorded easements. It could be one of the situations that happen in all of the older subdivisions
where they may imply that they want to give an easement but they never filed the paperwork after the
subdivision was done. Engineer Dempf said there are some legal issues involved also with trespass and
things like that. Attorney Mackey said historically the town has maintained this. Engineer Dempf said
that’s his understand. Councilperson Reilly asked if they maintained all sections. Engineer Dempf said
any section that’s had a problem. Councilperson Reilly asked even if it’s in the rear. Engineer Dempf
didn’t know if there had been any problems in the rear. Mr. Arico said they’ve worked in the backyards
and they ran cameras through the pipes a few years ago. Attorney Mackey asked Mr. Arico if the

                                          TOWN OF NEW SCOTLAND
                                           Regular Town Board Meeting
      problem was in the street. Mr. Arico said they replaced a 16’ section on the other side of the catch basin.
      Engineer Dempf said what he asked to be looked at during the budget period was we televised the lines
      and verify as best we can the inverts and elevations. While we are televising the lines we’re actually
      going to figure out where the connections are coming in. If we looking for the next step of
      recommendations, if we find the pipe that’s there is adequate, we block off the existing gravity
      connections and require each of the homeowners to install a sump pump and the appropriate check valves
      basically eliminating the possibility of gravity flow back in. Engineer Dempf added that’s not to say you
      couldn’t put the gravity flow back into that pipe but as what’s happening with Mr. Arico he’s taking
      everybody’s water and evidently pumping it out on his front lawn. Since there are no other drainage
      structures in the roadway for draining the payment itself, where that goes he can’t tell you, but he
      wouldn’t be surprised if it finds its way back into Mr. Arico’s cellar anyways. Mr. Arico said his pipes go
      almost to the street. Engineer Dempf said that was his recommendation. Highway Superintendent
      Duncan and he are working to summarize this for the Board but they didn’t get it finished in time for
      tonight. Supervisor Dolin told Mr. Arico he knows he’s seeking a monitory claim and is also interested in
      a permanent fix. Supervisor Dolin added that they’ll need to have a workshop meeting with the engineer
      and attorney to attack those issues.

16.   Pay the Bills
      RESOLUTION 10-306
      Supervisor Dolin offered the following motion and moved its adoption:

          Resolved that the Town Board of the Town of New Scotland does hereby approve paying the

      Pay the Bills 2010
      Vouchers 20101015-20101111           $ 163,112.73
      Pay the Prepays 2010
      Vouchers 20101006-20101014           $ 219,533.47
      Councilperson Reilly seconded the motion. All present and voting the motion carried (5 Ayes).

17.   Approve the Budget Modifications
      RESOLUTION 10-307
      Supervisor Dolin offered the following motion 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
                        A0909      ENGINEERING/CONTR.                A1440.41        $1,902.00
       To appropriate money from fund balance to engineering contractual for bills received through 09/10.
                        A0909      SR. OUTREACH/CONTR.               A6772.4         $1,009.23
       To appropriate money from fund balance to senior outreach/contractual for additional repairs and
       gasoline expenses.
       FUND             B0909      STORM SEWERS/CONTR.               B8140.4         $20.00
       To appropriate money from fund balance to storm sewers/contractual for planning commission fees not
       FUND             DB0909     PERMANENT                         DB5112.2        $650.00
       BALANCE                     IMPROVEMENTS
       To appropriate money from fund balance to permanent improvements for engineering work on
       Krumkill Road.
       FUND             SS0909     TREATMENT/DISPOS.                 SS8130.4        $1,327.36
       BALANCE                     CONTR.
       To appropriate money from fund balance to treatment/disposal contractual for additional costs on
       pump repairs.

                                      TOWN OF NEW SCOTLAND
                                      Regular Town Board Meeting
        FUND                         WATER ADMIN./CONTR.         WF8310.4            $45.00
        To appropriate money from fund balance to water admin./contractual for telephone and uniform costs
        over budget.
        FUND            WF0909         TRANS./DISTRIB. WF8340.41                $472.00
        BALANCE                        ENGIN.
        To appropriate money from fund balance to transmission/distribution engineering for amount over
        Trans/Dist      WH8340.4       Source/Supply          WH8320.4          $305.99
        Cont                           Power Pump
        To appropriate money to cover amount over budget.

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

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

18.    Adjourn
       Supervisor Dolin made a motion to adjourn the meeting and seconded by Councilperson Reilly The
       meeting adjourned at 9:00 PM.

       Diane Deschenes, Town Clerk


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