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TOWN OF NEW SCOTLAND Powered By Docstoc
					                                            Final 6/9/10
                                      Town of New Scotland
                                    Regular Town Board Meeting
                                             05/12/2010


The following Town Officials were in attendance:

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

Absent:      Councilperson:                    Daniel Mackay


1.    Call to Order
Supervisor Dolin called the meeting to order at 7:00 p.m.

2.    Pledge of Allegiance

3.    Invitation to the General Public to Comment on Agenda Items
There were no comments from the public.

4.     Approval of the Minutes of the Following:
        April 14, 2010         Special Town Board Meeting
        April 14, 2010         Regular Town Board Meeting

RESOLUTION 10-152
Supervisor Dolin offered the following resolution 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 the Special Town Board meeting dated April 14, 2010.

Councilperson Baron seconded the motion. All present and voting aye, the motion did not carry (2 Ayes
– 2 abstentions). Councilperson Reilly and Councilperson LaGrange abstained since they were not at
the meeting. Supervisor Dolin suggested deferring it to the next meeting for approval.

RESOLUTION 10-153
Supervisor Dolin offered the following resolution 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 the Regular Town Board meeting dated April 14, 2010.

Councilperson Reilly seconded the motion. All present and voting aye, the motion carried (4 Ayes).

5.     Discussion/Action on Proposed Local Law E of 2010 – Amending Specifications for water
       mains and appurtenances.
Attorney Mackey said in speaking with Engineer Menia today he felt we should have this apply to
several other subdivisions of our current local law. This is a modest adjustment which we can be done
and adopted at the next Town Board meeting.

6.    Discussion/Action on Proposed Local Law F of 2010, a Local Law increasing the tax
      exemption for Cold War veterans.
RESOLUTION 10-154
Supervisor Dolin offered the following resolution and moved its adoption:

      Resolved, that the Town Board of the Town of New Scotland does hereby adopt Local Law F for
the year 2010, a local law increasing the tax exemption for Cold War veterans, to be known as Local
Law 1 of the year 2010.

Councilperson Reilly seconded the motion. All present and voting aye, the motion carried (4 Ayes).


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7.       Discussion and authorization of proposed action by Stantec regarding Town’s Highway
         Garage.
Engineer Dempf said pursuant to the report Stantec submitted and some additional suggestions from
the Board they will submit what they consider to be the next steps along with a request for an
amendment to the original contract. Stantec plans to revisit the OSHA and code issues such as a
structural evaluation on the existing building and they’re proposing an allowance on the archeological
studies. Other issues to be included are site access, adjoining property, a preliminary site plan, offsite
utilities and extensions, preliminary cost estimates, and an amended report. Also up for discussion is
the preparation of an RFP for the preliminary design phase. Engineer Dempf provided the Board with
information that we’ve accumulated over the years. We are getting ready to take the next step.
Engineer Dempf asked the Board to entertain an amendment to the contract, which he will prepare for
the next meeting. Some of the items were listed in their report as next steps. Others are additional
items that they feel are prudent to make sure that we’re doing the right thing with the existing building.
Councilperson Baron requested an update on May 26th. Engineer Dempf said he prepared a draft that
lists the tasks in a bullet format for the Board to think about. Supervisor Dolin said on May 26th or June
9th Engineer Dempf will have a contract to propose. At that point, the Board could authorize Stantec to
proceed with the next phase.

RESOLUTION 10-155
Councilperson Baron offered the following resolution and moved its adoption:

      Resolved, that the Town Board of the Town of New Scotland does hereby set a special meeting
for May 26, 2010 at 7:15 P.M.

Councilperson LaGrange seconded the motion. All present and voting aye, the motion carried (4 Ayes).

8.    Engineering:
       Engineering status report & action items.
There were no comments or questions regarding any of the on going projects.

         Supplemental Agreement request, Phase II Stormwater
Stantec prepared a supplemental request for participating in the Town’s MS4 program for 2010. The
supplemental is to continue the work that they’re doing. Councilperson LaGrange asked why this is so
different than what was approved. Engineer Menia said that the amount budgeted was substantially
less than previous years. Councilperson Reilly advised that $15,000 was budgeted in 2009 and $5,000
in 2010. Supervisor Dolin said this is a moving target. Building Inspector Cantlin performs some of the
functions and Stantec backs him up when it gets technical. Engineer Dempf said this year there’s the
implementation of the new regulations and we were under the assumption at the budget hearing that it
would be simpler than it is. We are working on that along with the administrative items. Engineer Menia
said that DEC did adopt the new five year plan regarding what the Town has to implement. Now we
know what we’re up against for the next five years. For the most part it stayed the same, but there are
some things we have to do, and we’re trying to space them out over the five years. Supervisor Dolin
asked for more specifics about the plan. Engineer Menia said it’s outlined in the general permit section
of the DEC regulations. There are six control measures. Some of the bigger aspects are public
education and outreach, illicit discharge detection and elimination, and getting the Stormwater design
and review program up and running. Stantec is trying to assist the town in getting the program up to par
and we’re making good progress. If the EPA audited us, Engineer Menia felt we would not be deficient
in our process towards being compliant. Engineer Dempf said at the last meeting someone tried to
project out the analysis for Stormwater until the end of the year. It was significantly more than what
we’re requesting. Engineer Dempf didn’t believe the projection is a true estimate of where we would be
at the end of the year. Engineer Menia said this is the first he’s heard of this. In January of this year
they we’re preparing for the new five year permit so they were working on that. Engineer Menia added
that the annual report is due in May. During April they worked on it. That’s a significant part of what
they do in the year. The first couple of months of the year can’t be extrapolated out. There is a lot of
front effort for the year. Supervisor Dolin asked how long the $7,200 that you’ve asked in this revision
will last. Engineer Menia said for the rest of the year. That’s what laid out in the proposal so we can
stay compliant this year. Supervisor Dolin said it looks like it’s a $25,000 a year program. Building
Inspector Cantlin said it will be more than that before we get through. This is the permit that’s going to
be good until 2015. The reason that we’re involved in this is because we have three portions of our
town (Heldervale, Orchard Park, and a little of 85A as you leave the Village of Voorheesville) that
qualified us to be in MS4. Once you reach that goal you’re required to participate. We’re smaller than
other places but many of the things that are required, we have to do also. It takes us the same amount

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of time because of the forms you have to fill out. Where we gain is that we don’t have as much
infrastructure but we also don’t employee the people that they do. Building Inspector Cantlin said his
role has been to take the application, process the ones he can, and forward the ones he can’t to the
Board or Stantec. It was our obligation to do reconnaissance on our out falls. We’ve done that. We
may have to do it again because now they require another test. We are required to have record keeping
for this. Building Inspector Cantlin said the town belongs to the coalition, which is another $3,500 a
year. The coalition has monthly meetings. They’ve provided us with over $150,000 in grant money.
Most of it has been spent on the tools and materials we need to conduct the requirements of the
inspections. A great amount of it has been spent on education. The coalition provides us the core
information. This is going to grow. It’s not going to get any less. Building Inspector Cantlin didn’t know
if our area would change when this census is complete but after the next one, if the Colonie County Club
and Tall Timbers go in, our MS4 territory will grow. Every one of these projects that disturb a 5 acre
piece of land is required to put in Stormwater practices. Every time we get one more, we add more
work. The thing we may be falling down on is education. Building Inspector Cantlin said we haven’t
educated this Board as we should have. We keep telling you how big the program is and how much
money is needed but we’ve never outlined it until tonight. Building Inspector Cantlin said next year there
will be more to do. Supervisor Dolin asked why it grows assuming these subdivisions don’t start.
Building Inspector Cantlin said with the permit you’re not required to do everything in one year. There
are time frames to complete things. Some items are small and we can get a lot done in a year. Other
things you have to do every year. Public education and outreach is the thing we’re falling down on the
most. We participate with the coalition in the grand scheme of things so we get credit but we’re really
not educating our people like we should. One class was held with the Highway Department. We should
be doing another class with them and with the park employees. Engineer Menia said we’re trying to
space this out the best we can. If we can keep the budget level it’s predictable. Engineer Menia added
that we’re trying to phase out Stantec and put more on Building Inspector Cantlin. Supervisor Dolin
asked about the Village. Building Inspector Cantlin said they have their own program. Building
Inspector Cantlin added his portion of this is budgeted at 15 hours per month. He set that number 2-3
years ago. Building Inspector Cantlin added that he’s spent more than that in the past 2 weeks. If the
changes happened in the Building Department within the next 6-8 months, next year he’ll have more
time to devote, which is what we should be doing.

RESOLUTION 10-156
Supervisor Dolin offered the following resolution and moved its adoption:

      Resolved, that the Town Board of the Town of New Scotland does hereby approve entering into a
contract with Stantec as outlined in the 4/5/10 letter to the Building Inspector for a total sum of $7,300
and the Supervisor is hereby authorized to sign the contract.

Councilperson Reilly seconded the motion. All present and voting aye, the motion carried (4 Ayes).

Councilperson Reilly noted that even with this change order we’ll be lower than 2008 or 2009.

9.    Highway/Parks/Recreation
           Agreement for the Expenditure of Highway Moneys
Highway Superintendent Duncan asked the Board to approve the agreement for expenditures for 2010.
Supervisor Dolin recapped the expenditures, which basically outlines paving throughout the town.

RESOLUTION 10-157
Councilperson Reilly 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 Highway moneys as proposed by the Highway Superintendent and the Board also
authorizes the Supervisor to sign any necessary documentation.

Councilperson LaGrange seconded the motion. All present and voting aye, the motion carried (4 Ayes).

           Bid results for Road Sweeper
There were two bids, one for $35,580 and the other was for $32,950. Highway Superintendent Duncan
recommended accepting the lowest bid noting that $40,000 was budgeted.

RESOLUTION 10-158
Councilperson Reilly 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 authorize Highway
Superintendent Duncan to accept the low bid of $32,950 from Monroe Tractor for a road sweeper.

Supervisor Dolin seconded the motion. All present and voting aye, the motion carried (4 Ayes).

       Retirement of Robert Appleby
Highway Superintendent Duncan advised that Mr. Robert Appleby will be retiring effective May 28, 2010.
He has twenty years of service. Highway Superintendent Duncan wished Mr. Appleby the best.

        Old Quarry Road
The town received a letter from Bethlehem regarding Old Quarry Road. It’s a request for the town to
assist them in a speed reduction recommendation. Highway Superintendent Duncan wanted to send it
once Bethlehem determined the speed to request. This will be added to a future agenda.

        Update on status of Krumkill Rd. closure
Based on previous discussions, Engineer Dempf and Highway Superintendent Duncan prepared
information for the Board in accordance with §104 of the NYS Highway law. These are the finite details
of how to affect the road closure, the signs, and the locations in a concept manor of how we plan to do
this. Supervisor Dolin said that we are looking at this as a temporary closure adding that we need
financial help from the State or the County to cure the problem. Hopefully, something will materialize to
allow us to reopen it. Supervisor Dolin advised this could cost as much as $3 million. Engineer Dempf
said the cost depends on what the final soil analysis shows for a solution. Engineer Dempf said Mr.
Dente said nothing would stop the slide from sliding unless you put in a permanent fix. Supervisor Dolin
said he went beyond that. Engineer Dempf said to paraphrase Mr. Dente’s report there are actually two
actions. There is a sliding action of the roadway and the fill itself across a weak surface. There is also
the action of the Normans Kill down below eroding away. All of these things are always exacerbated
when there is a storm event. Most significantly, in recent history, was in 2007. That was considered a
FEMA emergency. We applied for funding but because it was a slide they didn’t cover it. Basically to
re-characterize what our soil expert pointed out, given a perfect climatic condition there is a possibility
that we could have something much greater than what we see out there now, possibly six inches to a
foot or a slide given the perfect storm. Engineer Dempf felt what he was characterizing a catastrophic
event. Engineer Dempf said if anyone has driven the roadway it is just not comfortable to drive. It is a
problem. In accordance with our expert, the patching that we’ve been doing isn’t the solution. In some
cases it may exacerbate the situation by putting more on the surface. To make sure everyone is clear
about what type of event this is there was one on Johnson Road. That is not what’s occurring here.
This type of failure is more typical with what happened on Delaware Avenue where you have both a
slide and a tow being eaten away. Delaware Avenue was a different situation because the evaluation
was a lot greater and the erosion of the Normans Kill into the tow of the slope was a lot faster but it was
similar. That’s what we’re characterizing here. Based on that and as far back as 2007 we’ve been
looking for solutions. At minimum we’ve been monitoring the situation and getting yearly updates. At
the same time, Engineer Dempf and Highway Superintendent Duncan are looking at it on a daily basis.
Supervisor Dolin felt we should explain that the monitoring has indicated that it’s moving about 2” per
year. The reason we feel compelled to have a temporary closure is because there could be a sudden
catastrophic slide. Councilperson LaGrange added that Mr. Dente spoke as if it might not take that
perfect storm. He was concerned that it could happen at almost anytime due to the nature of the clay
underneath and the fact that it has been moving. Engineer Dempf agreed that there’s that possibility.
Engineer Dempf said his characterization was if he was responsible, liable and it was his road he would
take these types of measures. All of that being said if you’ve ridden the roadway you know it’s more
than uncomfortable when you traverse the scarp as it’s described. The fact of the matter is the ability for
there to be an accident because of the ride ability is also of great concern. Engineer Dempf said it’s not
only the catastrophe failure or the drop of more than 2” at a given period of time but also the fact that
there is an existing ride ability issue that creates a health, safety and welfare problem that has to be
addressed. Supervisor Dolin felt that the consequences to the community are substantial. Highway
Superintendent Duncan ultimately has to make the decision but the Board is trying to be supportive.
Supervisor Dolin felt that the Board is looking at it as a health, safety and welfare issue to the extent
someone could be injured or die. People are traversing it but if you slow down you wouldn’t have the
problem of going off the road. Some people have suggested reducing the speed limit. Supervisor Dolin
said his understanding from Mr. Dante is that wouldn’t be enough. We still have this exposure where it
could suddenly fail. Engineer Dempf said we’ve thought about a lot of things. One recommendation
was to slow the traffic down just so you don’t go out of control. That’s one issue but it doesn’t solve the
ultimate problem. It’s not going to stop moving. Supervisor Dolin said that it’s an issue of expense.
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This thing has become a money pit. Highway Superintendent said the problem has been there for as
long as he can remember. Floyd seemed to have an effect. It was one of the first major storms in that
area. We tried to get FEMA money but it wasn’t accepted because of the nature of it being there so
long. Highway Superintendent Duncan said it may only be failing an 1” or 2” each year but the problem
is the difference in height elevation between the two shelves is different. Engineer Dempf added that it’s
getting worse. Supervisor Dolin said in order to repair it you’d have to go back at least a couple hundred
yards each way. Highway Superintendent Duncan said in order to repair it you’d have to excavate 400’
out and 40 plus feet deep or reroute the road. Public Safety Commissioner Miller didn’t think it would
help to lower the speed limit. Supervisor Dolin said that we’ve been successful in the past to patch it
annually but this year was dramatic. Public Safety Commissioner Miller said he sent an email out to the
Board and the public safety committee. Councilperson Mackay sent an email back talking about the
bicycles. Public Safety Commissioner Miller said the bicyclists are a huge issue. The law says they
have to obtain the signs but they don’t care. The odds are if there’s going to be an accident it will
involve one of those bicyclist.

Saul Abrams
Mr. Abrams asked how long the Board estimates when they talk about temporarily closing the road.
Engineer Dempf said until we have a solution. Mr. Abrams said that could be years. Supervisor Dolin
said the Board and Highway Superintendent Duncan are committed to doing whatever’s financially
feasible to reopen it.

Engineer Dempf said that we were urged by NYS to submit this not only to the Capital District
Transportation Committee (CDTC) but also to the Federal Government, and Congressman Tonko’s
office looking for assistance but we haven’t received any yet. Supervisor Dolin and Engineer Dempf met
with the CDTC to urge them to reconsider our application. We were urged by DOT to make our
presence known. It’s important and something we consider to be a great concern to our town. There
were a lot of people vying for a conservative amount of money. Supervisor Dolin advised that the CDTC
has been charged with allocating the second round of the stimulus money. Most of the players at the
table were the City of Albany CDTC, Waterford, and the larger towns. This was the only town road and
it’s unusual to have a town road considered for this type of funding. Supervisor Dolin said it wasn’t
encouraging. Engineer Dempf said it was discouraging. Engineer Dempf added that the State, knowing
this is a very important artery for us, said to keep trying and they would do the best they can to support
us. They also assisted us in modifying our submission so it could be reconsidered. Supervisor Dolin
said there is approximately $400,000,000 available for three counties. Based on the State’s
recommendation we prepared a request for $9,000,000 to take care of the entire road. We modified the
proposed to take care of this section, which would cost about $3,000,000. The modified request was
hand delivered about a week ago. Even if we get approved it would probably be 2013 before we could
proceed. They’ve already approved projects for the next couple of years. This round is addressing
2012-2013.

Edith Abrams
Mrs. Abrams said you need a pork project and Senator Gillibrand is running for reelection this year.

Councilperson Reilly said at the meeting Mr. Dente submitted a proposal for adding some additional
wells and taking some measurements that would perhaps allow us to try and chart an alternate route.
We also talked about the possibility of him taking some measurements from the existing wells to
determine what the change has been over the past year. Councilperson Reilly felt it would be helpful to
get some real data. Councilperson Reilly asked if Mr. Dente needs Board action to do that. Engineer
Dempf asked if we requested that he submit a proposal to do another set of monitoring. Supervisor
Dolin said it was discussed but nothing was approved. Supervisor Dolin said he said once we decide
where we want to go he would put monitors in place. Councilperson Reilly thought it would be helpful to
find out where that alternate route might go. Councilperson Reilly also thought it would be helpful to
know what the change has been since 2009. Councilperson Reilly said he looked at the report from a
year ago and the language he uses in that gave us some level of comfort. There wasn’t this imminent
concern. He even said it was unlikely we would have a catastrophe failure. Councilperson Reilly
wanted to be able to figure out what in the last year creates this new situation. Engineer Dempf said we
should probably get him to go out and do another round of sampling on the existing gages.
Councilperson Reilly said if we’re not comfortable approving the broader scope of charting an alternate
route, it would be helpful to get real data on the existing wells. Supervisor Dolin added that some people
suggested that it would be possible to remedy it by driving steel pilings. Engineer Dempf said we
haven’t delved that far into it. Sheeting has been used in a lot of different instances. One of our issues
is where to put it. We don’t know that without certain soils information. In this situation we’re not really
sure of the slide area and are we pushing the slide up against sheeting which changes the
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characteristics of how the soils and drainage works moving this upstream or downstream. Engineer
Dempf didn’t know. Driving sheeting is another soils issue that should be reviewed. Engineer Dempf
said based on the information we received from Mr. Dente his recommendation was to find a new spot
for the road. Engineer Dempf thought the reason he said excavate and put in light weight fill in is
because it’s cheaper than the sheeting. Engineer Dempf without knowing where you’re going to find
solid ground he’s not sure if the sheeting will be as effective or as cost effective. Supervisor Dolin
asked if we should spend some money exploring it. Engineer Dempf said he would ask Mr. Dente to
give us his thoughts on the sheeting.

Irving Mosher
Mr. Mosher said he’s been driving the road for many years and it’s not a very good highway because
you go up a steep hill, immediately turn left, and go over a ridge and then dive down again. It’s become
busier and busier over the years. Mr. Mosher felt if there is an alternate route it might be worth doing
rather than try to fix this thing, which won’t be any better in the long run.

Dr. Greenburg
Dr. Greenburg said he’s lived there for forty three years and has watched the road. It was an oiled road
with no problems for many years. One of the major problems is the heavy truck traffic, which is not
supposed to be on the road. Last week, there was a 53’ tractor trailer using it as a thru road. There
has been no attempt to stop the heavy traffic, which doesn’t help the road. The road may still
deteriorate with out it but not as fast. In response to Mr. Mosher, the road was down lower once. There
is another abutment of a bridge. It flooded out. It was not suitable for a road and it was moved up the
hill. Dr. Greenburg felt it’s only been in the last 15-20 years that we’ve seen any real movement or
crack. Dr. Greenburg said he comes up against emergencies all the time. If someone asked him to
have his leg amputated he’d get a second opinion. Engineers are also not infallible. Dr. Greenburg
suggested getting some help from the state or another qualified opinion of what’s needed. If you keep
putting heavily material on the road it makes it worse. If you dig down and take out 6-8’ and put in rock,
if that doesn’t slide possibly that’s a fix. Dr. Greenburg said he’s heard that driving the piles down 60’
might be expensive but we don’t know until we get a price. Dr. Greenburg felt the first thing to do is to
get another opinion and lower the speed limit to 10 mph. If you go over a 5-6” drop at 10 mph you won’t
lose total control of your car.

Engineer Dempf said that goes hand and hand with some of the things Mr. Dente has recommended
and that we are in the process of trying to implement with advisory signs. We have not gone to change
it on a regulatory basis. That would take time but it’s an item we would do. Engineer Dempf added that
we can’t enforce an advisory speed limit but we can post it. Public Safety Commissioner Miller asked
about getting a flashing light. Engineer Dempf said that they developed a plan. The next step will be to
implement a reduction in speed limit and other advisory items. Public Safety Commissioner Miller asked
about the advisory speed limit. Engineer Dempf said you can’t enforce it. Public Safety Commissioner
Miller agreed but felt it wouldn’t help. Engineer Dempf said that’s the only action we can take right now
is to post an advisory speed. Dr. Greenburg said the police can also keep the large trucks off of there.
Since the time we posted no truck over 4 ton, Dr. Greenburg has yet to see someone ticketed. They’ve
got to be stopped except for local delivery. Public Commissioner Miller asked where it was posted. Dr.
Greenburg told him where the signs were. Engineer Dempf said that was done because there was
potentially going to be more filling over in that area. One of the ways to reduce the filling was to limit the
load of the truck. Subsequently, Mr. Dente prepared a report that was presented to the property owner
and to the town, which told him what he needed to do if he does more filling. The initial report stated he
had to stop filling.

Michael Fields
Mr. Fields asked if the land movement had any effect on the bridge. Engineer Dempf said it’s not.

Councilperson Reilly asked how long it takes to get a speed limited reduction request processed.
Highway Superintendent Duncan said 3-6 months. Councilperson Reilly said if we shut this down we’re
sending 2,800 cars a day over a State or County Road. Those are the two entities involved in approving
a reduction in the speed limit. Councilperson Reilly said perhaps we could try and coordinate it so the
people who make the decision on the speed limit could expedite the request. Supervisor Dolin
suggested adopting a resolution to do that and then we can follow up with a phone call. Supervisor
Dolin asked if Highway Superintendent Duncan or Engineer Dempf had a suggested speed. Engineer
Dempf and Highway Superintendent Duncan said 10 mph. Commissioner Miller asked about putting up
more signs regarding the weight limit. Highway Superintendent Duncan discussed the weight limit which
is 4 ton by permit only. Supervisor Dolin asked if it’s temporary. Highway Superintendent Duncan said
if you want to cut the truck traffic completely you’d have to change it. Attorney Mackey didn’t think the
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permitting was an issue. Superintendent Duncan said he was asking if the Board would like to modify
the sign to say none. Superintendent Duncan thought we might want to check the record to see what
was approved.

Adam Greenburg
Mr. Greenburg said he has a hay farm and he ships out on tractor trailers. They don’t go down the hill.
They come from the other side. If the Board modified the sign it would put an end to that. Mr.
Greenburg did not want to see all truck eliminated. He liked the permit system. Highway
Superintendent Duncan thought Mr. Greenburg would be okay because it’s considered a local delivery.

Councilperson Reilly asked if the Town could prohibit any truck travel at all from the bridge to the top of
the hill. Mr. Greenburg said he would work around that. Public Safety Commissioner Miller asked what
you do with a truck that comes through and can’t turn around. Supervisor Dolin said that’s a question of
signage. Engineer Dempf thought we needed to review what we did at the time. Supervisor Dolin felt in
terms of enforcement the sheriffs and troopers need the restriction. If someone doesn’t have a permit
they’re violating the law. Supervisor Dolin wanted to get back to the speed limit.

RESOLUTION 10-159
Councilperson Reilly offered the following resolution and moved its adoption:

       Resolved, that the Town Board of the Town of New Scotland does hereby authorize the Town
Clerk in conjunction with the Supervisor, Highway Superintendent and the Town Engineer to submit a
request to the appropriate agencies for an expedited review of a speed limit regulatory reduction
request.

Councilperson Reilly said to maximize our change of successfully getting a reduction we should focus
on the bridge area.

Saul Abrams
Mr. Abrams suggested using stop lights on either side of the area and having a one lane section of the
road. Supervisor Dolin said that Highway Superintendent Duncan has investigated this and that’s been
discussed. The decision is basically up to the Highway Superintendent. Supervisor Dolin added that it’s
a good suggestion but there are problems with it.

Dr. Greenburg
Dr. Greenburg discussed one of the reasons it’s not a good idea.

Adam Greenburg
Mr. Greenburg asked Engineer Dempf where the three million dollar figure comes from if we don’t even
know how to solve the problem. Engineer Dempf said they made a conceptual cost estimate of
elimination or excavating out fill and replacing it with light weight fill, which gave us that dollar amount.
Mr. Greenburg said we don’t know about other options yet. Engineer Dempf said the option we did not
analyze yet is moving the road. Mr. Greenburg said you also said earlier that no one analyzed sheeting.
Engineer Dempf agreed. Mr. Greenburg concluded that we don’t know that could cost a million dollars.
Engineer Dempf said the report that was submitted to CDTC will give you the history. Engineer Dempf
added that what we did was take a concept and more it forward. The Board could not have requested
the analysis of all the alternatives, which is part of a process when you get State and Federal funding for
the rehabilitation or moving of a road like this. Engineer Dempf said they had to come up with a project
and they took the path of least resistance. Mr. Greenburg understood why it was done that way but now
we need to see what our alternatives are. Mr. Greenburg said it seems like we’re not looking at other
possibilities. Mr. Greenburg added that we’re not married to that proposal. Engineer Dempf agreed
adding if you look at how projects morph there is a lot more that needs to be done in order to determine
the final solution. Engineer Dempf said the individual steps will take a substantial investment and we’re
trying to entice our partners in this. Mr. Greenburg said he understand and he’s all for it but three million
dollars frightens a lot of people off. Mr. Greenburg added that it doesn’t sound to him like we’re sure
that’s even what it is.

Councilperson Reilly felt it was the best number the Board’s been provided with but they’re aware it
could be less or significantly higher. It’s the best information they had at the time. Councilperson Reilly
added that Stantec has submitted a proposed change order that we need to talk about tonight. That
change order will allow them to pursue other areas of investigation. Supervisor Dolin said the reason we
haven’t investigated the pilings is because we didn’t realize we’d be faced with this emergency closure.
All the energy these past few weeks has been devoted to try to cope with this recommendation to close
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the road. Supervisor Dolin reiterated that we hope it’s a temporary closure, if we proceed with a closure.
The next step for the Board is to authorize Stantec to explore solutions other than the replacement of the
fill. Supervisor Dolin added that Krumkill Road consumes a lot of money every year. The Board has not
authorized additional engineering because we thought we had time to submit this request and get a
response. The report was done May 2009 and it was only recently that Mr. Dente advised us that he felt
it should be closed.

Adam Greenburg
Mr. Greenburg said it doesn’t seem like we know what’s changed in the past year. He keeps hearing
the word catastrophic but a six inch drop doesn’t seem catastrophic. Mr. Greenburg agreed that the
road has a problem but he has this image of the whole road sliding into the river but that’s not what
we’re taking about. Councilperson LaGrange said it could be. Supervisor Dolin said Mr. Dente said
there is a sheer at 40ft. Mr. Greenburg said didn’t you say a 6” to 1 foot drop. Engineer Dempf said
he’s trying to characterize what he believed Mr. Dente said would be catastrophic. Attorney Mackey
thought Mr. Dente said a 6” sudden movement would be a more likely scenario than it sheering off and
the whole thing going into the Normans Kill. Attorney Mackey added that Mr. Dente didn’t exclude
anything.

Lorraine Tuzzolo
Mrs. Tuzzolo asked if Highway Superintendent Duncan has been measuring the crack. She’s been
watching it and it’s gotten bigger this week. Highway Superintendent Duncan started measuring it and
within the past ten days it’s opened. Mrs. Tuzzolo said she drives it every day. It’s gotten worse and
causes accidents. When the people that do not know the road hit that section, they go air born. Mrs.
Tuzzolo thought there had been 5 accidents this past winter.

Dr. Greenburg
Dr. Greenburg suggested that the accident was from speeding during the winter adding that there’s no
question that there’s a problem but at a lower speed they shouldn’t be going off the road.

Douglas Miller
Public Safety Commissioner Miller asked when the traffic count of 2,800 was done. Engineer Dempf
thought it came from several sources. The State and the County have their own data and part of it came
from the analysis of the Kensington Woods subdivision.

Edith Abrams
Mrs. Abrams said with all these new homes that might be built it will add to that number. Mrs. Abrams
said when the plan came up she suggested that there should be some internal roads in order to mitigate
the traffic off of 85A and Krumkill. It wasn’t done. Mrs. Abrams reminded the Board about the increases
in traffic. Mrs. Abrams said the State and Federal government look more favorably on an application
that involves more than one town so perhaps in the application you should mention this is a multi county
road. Supervisor Dolin said we did.

Supervisor Dolin seconded the motion.

Supervisor Dolin asked what speed limit we’re asking for. Councilperson Reilly thought we should leave
the number up to the Highway Superintendent and Engineer adding that it should be slow enough to be
a deterrent and an appropriate safety mechanism.

RESOLUTION 10-159 Vote
All present and voting aye, the motion carried (4 Ayes).

Engineer Dempf wanted to make sure he captured everything. First, we’re going to check on the
existing monitoring well along with an update from Mr. Dente. Supervisor Dolin asked that he give us a
written supplement to the May 2009 report. Councilperson Reilly said if he needs a change order we
should have him submit it. If necessary it could be approved at the May 26th meeting. Highway
Superintendent Duncan asked if submissions from Dente or Stantec should be submitted to him or the
Board. Councilperson Baron suggested submitting to the Highway Superintendent and copy the Board.
Supervisor Dolin added for clarification that Highway Superintendent Duncan has the authority to close
the road or not and if he needs funding the Board has to support him with it. Engineer Dempf said the
second item is the speed limit reduction. The Town Clerk will be handling that pursuant to input
concerning a regulatory speed. We are currently in the process of laying out the advisory signage.
Third, we are looking for some type of response for a second opinion on the soils condition. Engineer
Dempf proposed asking the state. Engineer Dempf added that we are going to review the law that’s in
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place for the over weight trucks to see if there is something that could be modified. Public Safety
Commissioner Millers asked that whatever we have in place currently be emailed to him so he can
pursue it from his end. Engineer Dempf said we’ve already developed a short list of other potential
solutions. At some point we’ll need to discuss how far or where we take that and what data is involved.
Supervisor Dolin felt that Engineer Dempf would need to come back to the town with an engineering
proposal indicating what he’s proposing to do and the cost. Engineer Dempf said that’s what he’s
getting at. Supervisor Dolin suggested at this point we address the contract for special service
concerning Krumkill Road that was submitted by Stantec. Supervisor Dolin recapped the change order.

RESOLUTION 10-160
Supervisor Dolin offered the following resolution and moved its adoption:

      Resolved, that the Town Board of the Town of New Scotland does hereby approve entering into a
contract with Stantec Consulting Services, Inc., in accordance with the submission dated May 10, 2010
concerning the monitoring of the problems with Krumkill Road. This will be a modification of $14,300
and the new contact as amended will be for the sum of $19,300. The Supervisor is hereby authorized to
execute the contract.

Councilperson Reilly seconded the motion.

Councilperson Reilly noted this is not something that was anticipated during the budget process.
Supervisor Dolin thought that we established a capital project so we’ll add it to the capital fund and
periodically we’ll need to transfer money. Councilperson Reilly wanted to give Highway Superintendent
Duncan and Engineer Dempf more flexibility as we work though this. Councilperson Reilly referred to
item #3 on the change order and suggested it say implementation of road closure / stabilization
response. Supervisor Dolin agreed with that amended.

All present and voting aye, the motion carried (4 Ayes).

Adam Greenburg
Mr. Greenburg noted that half of his farm is on one side of the Normans Kill River and half on the other.
Mr. Greenburg asked to be kept in the loop on when the road will be closed. Supervisor Dolin agreed.
Engineer Dempf offered to share the draft document on the potential closure. No one objected.

Councilperson Reilly said that one of Mr. Dente proposals was to put additional monitoring wells in to get
a sense of how far this scarf extends. He would be looking to install wells. Mr. Greenburg was open to
it but wants to be kept informed. Councilperson Reilly asked if a resolution was necessary. Attorney
Mackey thought that would be a good idea in the event that something needs to be done before the next
meeting.

RESOLUTION 10-161
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 town
employees, officers and elected officials as may be necessary to approach the local landowners for
permission to go onto their property and secure permission to install various engineering measuring
devices and negotiate such an agreement.

Councilperson Reilly seconded the motion. All present and voting aye, the motion carried (4 Ayes).

10.    Liaison Reports
      LOSAP
Supervisor Dolin will be suggesting a four person committee to monitor the LOSAP investment funds.
We’ve hired a professional investment adviser but ultimately the responsibility rests with the Town
Board. Supervisor Dolin thought that the Town Board could use the services of a small committee. He’s
recommending a committee to represent each department composed of two fire personnel along with
two Board members. Supervisor Dolin has one volunteer from the Board but he’ll need another one. A
resolution will be prepared for the May 26th meeting.
      Annual Financial Report
Town Clerk Deschenes advised that the Annual Financial Report has been file and noticed in the paper.
A copy is also available on Supervisor’s section of website.


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11.   Invitation to the Public to Discuss Non-Agenda Items
Edie Abrams
Mrs. Abrams asked Attorney Mackey if the usage of Krumkill Road changes the environmental impact
statement for Kensington Woods. Attorney Mackey didn’t believe it would since it’s already been
adopted but he offered to look into it. Attorney Mackey said since Mr. Baker is the attorney for the Lead
Agency you might want to ask him as well.

Mrs. Abrams heard that the amount of water on Kensington Woods could be enough to supply the entire
town. She felt there should be a town wide discussion on whether or not we enter into negotiations to
acquire that source. Then we wouldn’t have to deal with Bethlehem or Voorheesville because we’d
have our own water source. Supervisor Dolin said if the Kensington Woods project goes forward they
have agreed to build a storage tower and within two years turn over the source and tower to the Town
for $1. Mrs. Abrams thought that the tower was for fire protection. Supervisor Dolin said it’s a part of
the water system. Mrs. Abrams asked if that would supply the whole town. Supervisor Dolin said there
are a couple issues. Mrs. Abrams said she’s just suggesting that the Board think about discussing it.
Attorney Mackey said we will have the water source if it’s built, but getting the water to the whole town is
another issue. Supervisor Dolin added that it can’t be a source for the whole town because the cost for
delivery would be out of the question. Mrs. Abrams felt that depends on how desperate people want
water. Councilperson LaGrange said we’re still under the Comptrollers limit no matter how desperate
the people are.

Mrs. Abrams asked Councilperson Baron about the status of the size cap law. Councilperson Baron
said that Councilperson Mackay has accepted the lead position on the redraft and the Board looks
forward to working with him. Mrs. Abrams asked Councilperson Baron what she told Councilperson
Mackay she’d like to see. Councilperson Baron said they had general conversation and she’s waiting to
sit down with him again. Mrs. Abrams said as she understands it the thing holding up the law is your
concern about residential in a commercial district and everything else is incidental. Councilperson
Baron didn’t look at it that way. Mrs. Abrams felt since Councilperson Baron didn’t discuss specific this
is going to drag on. Mrs. Abrams added that there has been a Sphere representative in town and we
are unprotected. It boggles her mind that a few people can gum up what most of the town would like to
see happen. Everybody wants to see some sort of commercial there and nobody wants to see a big
box. Mrs. Abrams said lets pass a law to prevent a big box. Councilperson Baron said she’s trying to
work with Councilperson Mackay. She thought that they were in agreement with some things and she’s
waiting to hear back from him. Councilperson Baron is optimistic that we’ll have this done in a short
period of time. Mrs. Abrams asked about the next deadline. Councilperson Baron said she doesn’t
have a deadline. Mrs. Abrams said maybe we should think about a deadline for when the next draft
should be written. Councilperson Baron felt Councilperson Mackay is trying but he’s working on a few
laws for the town. Mrs. Abrams said this is the one issue that this town was concerned about.
Councilperson Baron asked Mrs. Abrams what Councilperson Mackay said. Mrs. Abrams said he’s
working on it.

Saul Abrams
Mr. Abrams said that the condition of the ball fields is great and the Park employees are doing a great
job. Mr. Abrams asked if there is any way that we can protect the soccer field so we don’t have the bald
spots where the ice skating rink is. Highway Superintendent Duncan said he’s looking at possibly
erecting an area behind the building where we could put the 110ft ice skating tarp.

13.   Approve the Budget Modifications
RESOLUTION 10-162
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
                                 GRIEVANCE
CONTINGENCY           A1990.4                      A1356.4    $58.25
                                 BD/CONTR.
To appropriate money from contingency to grievance board contractual for help wanted
advertisement.
                                 COMP.PLAN/PER
CONTINGENCY           B1990.4                      B8030.1    $49.47
                                 S SERV


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FROM                       CODE          TO             CODE         AMOUNT
To appropriate money from contingency to comprehensive plan personal service for attendance at
and transcription of comp. plan meeting.

 FUND BALANCE                      DB0909    PERM                  DB5112.41 $2,606.00
                                             IMPROV./ENGIN.
 To appropriate money from fund balance for work on Krumkill Road.

 FUND BALANCE                      WN0909      TRANS./DISTRIB.       WN8340.4     $573.76

 To appropriate money from fund balance for amount over budget in transmission/
 distribution due to voltage regulator and curb box purchase.


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 seconded the motion. All present and voting aye, the motion carried (4 Ayes).

12.   Pay the Bills
RESOLUTION 10-163
Supervisor Dolin offered the following resolution and moved its adoption:

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

                                  Pay the Bills 2010
                                  Voucher 20100366-20100479         $228,054.06
                                  Pay the Prepays 2010
                                  Voucher 20100358-20100363         $ 37,735.10
                                  Voucher 20100365                  $ 1,1070.67
Councilperson LaGrange seconded the motion. All present and voting aye, the motion carried (4 Ayes).

14.   Adjourn
Councilperson Reilly made a motion to adjourn and seconded by Councilperson LaGrange The meeting
adjourned at 8:50 p. m.
_______________________
Diane Deschenes, Town Clerk




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