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At meeting of the Town Board of the Town of New Scotland held

VIEWS: 39 PAGES: 12

									                                           Final 8/14/08
                                     TOWN OF NEW SCOTLAND
                                  REGULAR TOWN BOARD MEETING
                                            07/09/2008




The following Town Officials were in attendance:

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


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

II.   Pledge of Allegiance

IV.   Approval of the Minutes of the following:
       June 11, 2008 Public Hearing
       June 11, 2008 Regular Town Board Meeting
       June 16, 2008 Bid Opening
       June 25, 2008 Special Town Board Meeting
RESOLUTION 08-121
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 Town Clerk.

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

III.   Invitation to the General Public to Comment on Agenda Items
Ruthanne Dalotto
Ms. Dalotto submitted a letter to the Board concerning the Colonie Country Club and a 50 foot buffer.
The Board read the letter prior to the meeting. Ms. Dalotto didn’t have anything to add beyond what
she had written. A copy of the letter was submitted to the Clerk (See attached pages ________).
Tim Willis
Mr. Willis is aware of the grant application with NYS dealing with the water service on New Salem
South Road. Mr. Willis understood that a letter was sent to Bethlehem Supervisor Cunningham
asking Bethlehem to participate in the project. Mr. Willis asked that the New Scotland Town Board
continue to encourage Bethlehem to agree to participate by the end of July.
Katie Bogart
Ms. Bogart from New Salem South Road had the same request as Mr. Willis.

V.     Discussion and Action on Amended Water Agreement with Village of Voorheesville for
       Proposed Colonie Country Club Development
Attorney Mackey said that the Village had made a proposal for an amendment to the water
agreement. Mr. Menia had recommended some modifications to it a while back and the Village
rejected the modifications. Supervisor Dolin discussed it with the Mayor and parts of the suggested
modifications were acceptable. Engineering Menia made a final document incorporating those
suggestions that the Village found acceptable (agenda as attachment 1). Supervisor Dolin asked if
the Board had any comments regarding the amended agreement. The Village accepted the
amendments and now it’s up the Town Board whether they want to accept it.

Ruthanne Dolatto
Ms. Dolatto wanted to know if the property owners on Forrest Drive would be protected in the water
agreement the way the Scotch Pine residents are. Supervisor Dolin said that in Ms. Dolatto’s letter
she asked the Board not to adopt this addendum without asking the Planning Board to ask the
developer to reconsider. Supervisor Dolin said that Mr. Hotopp expressed a similar concern. Ms.

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Dolatto said that there were other individuals on Forrest Drive who submitted similar letters to the
Planning Board.

Councilperson LaGrange didn’t know if this agreement had anything to do with the situation but right
from the beginning when the first plat was shown there was an opportunity for a fifty foot buffer for
Forrest Drive but as the plans progressed that was reduced substantially. Councilperson LaGrange
felt it was the Town’s duty to incorporate something for our residents. Councilperson LaGrange
wasn’t sure what the Planning Board’s argument was for or against it but they considered it many
times. There was even a suggestion by Mr. Hotopp to move the road, which was rejected by the
developer.

Ruthanne Dolatto
Ms. Dolatto said that the developers engineer also stated that it’s possible to have a fifty foot buffer if
the Town asks.

Councilperson LaGrange said that the Planning Board is its own entity and the Town Board doesn’t
have any control but suggested writing a letter to the Planning Board suggesting that they re-look at
the situation. Councilperson LaGrange added that this agreement brings water to that area but it
doesn’t give the developer the water. A water district needs to be created. Councilperson LaGrange
felt that the Town Board still had an opportunity to make a restriction of our own with a buffer but, he
would have to ask the Town Attorney.

Supervisor Dolin said based on Ms. Dolatto’s letter and conversations with Mr. Hotopp he sensed a
legal problem and asked Building Inspector Cantlin and Attorney Mackey to investigate whether there
is any opportunity to reconsider. Supervisor Dolin asked them to explain where the Town stands.

Building Inspector Cantlin said that the Planning Board did give Preliminary Plat in June to the
subdivision. As Building Inspector Cantlin understood it that means that the layout and the proposal
are considered approved. Building Inspector Cantlin didn’t know if the Town could make the
developer change the plat. He referred the question to Attorney Mackey.

Attorney Mackey said that the Town Board doesn’t have any legal authority to make the Planning
Board or the developer do anything. Attorney Mackey added that what Councilperson LaGrange is
suggesting is that they do need some cooperation from the Town Board in terms of creating a water
district. Attorney Mackey said that Councilperson LaGrange mentioned this to him on the way in
tonight but he hasn’t had an opportunity to research whether the Town would be in any legal
jeopardy. Attorney Mackey thought Building Inspector Cantlin would be in a better position to say
whether it’s feasible to suggest that the Planning Board re-look at whether a fifty foot buffer would be
appropriate.

Building Inspector Cantlin said that if Preliminary Plat approval had not been given there would be a
better chance of something being changed. Building Inspector Cantlin said the only way to do that
now is with some type of approval from the developer. Building Inspector Cantlin did not think the
Planning Board could force them to change their plans now that they have Preliminary Plat. Building
Inspector Cantlin added that he’s not a lawyer.

Attorney Mackey thought this was more of a policy issue than a legal issue. Attorney Mackey added
that Building Inspector Cantlin makes a point that anything can be done by agreement. If the
developer views this as negotiable or feasible they could go back and redo it by agreement if this
Board wants to get involved. Attorney Mackey added that the Town Board is not in charge of
approving the subdivision. Attorney Mackey assumed that these concerns were brought up to the
Planning Board and were not resolved satisfactorily. Attorney Mackey added that the Town Board
isn’t in the position where people can appeal to them because they don’t have legal authority to tell
the Planning Board what to do.

Supervisor Dolin added that the Town Board already has a binding agreement that they’ve approved.
Attorney Mackey felt the agreement is a separate issue and not relevant to this issue. Supervisor
Dolin added that Ms. Dalotto asked the Board not to sign the agreement in her letter. Supervisor
Dolin felt that the Board could sign the addendum and still send a letter. Supervisor Dolin added that
the Board doesn’t have the option of conditioning a water district based on a fifty foot buffer.
Supervisor Dolin said this agreement is not a source of leverage.


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Ruthanne Dalotto
Ms. Dalotto said as part of the original water agreement there was a plat attached which indicated a
fifty foot buffer zone for the both Village and Town residents. Ms. Dalotto felt that the plat defines the
subdivision at the time that the water agreement was discussed. Attorney Mackey asked if it was
attached to the water agreement. Building Inspector Cantlin wasn’t sure and didn’t recall seeing the
original agreement that went to the Village. Building Inspector Cantlin added that the first plat that
was submitted included the buffer and he had a copy of it. Attorney Mackey didn’t recall it being
referenced or incorporated. Building Inspector Cantlin added that all the Village was concerned
about was their residents, the fifty foot buffer for them, and the no-cut.

Councilperson Reilly asked if the Town Clerk would have the agenda attachments from what the
Board acted on. Town Clerk Deschenes thought she would if there was one. Ms. Dalotto said it was
during the summer of 2007. Councilperson Reilly said the Board could take a look at that but he had
concerns with the Town Board inserting itself in the Planning Board process. The Planning Board is
appointed to a seven year term so that there shielded from the Town Board pressure. Legally,
Councilperson Reilly said there is a section in the Town Law §265-a which deals with lots shown on
approved subdivision plat. Councilperson Reilly didn’t know if preliminary plat approval constitutes
an approved subdivision plat. Councilperson Reilly said when a subdivision plat is actually approved
there are some significant restrictions in the Town Boards ability to change that. Councilperson Reilly
had concerns about the Town Board going down a path where it’s imposing conditions on the
developer that contradicts the unanimous approval of the preliminary plat by the Planning Board.
Councilperson Reilly thought this could open up the Town to charges of being arbitrary and
capricious. Councilperson Reilly didn’t know if that’s the answer but he had concerns. Attorney
Mackey added that the agreement addressed a fifty foot buffer along the boundary with the Village
but didn’t address anything beyond that.

Ruthanne Dalotto
Ms. Dalotto said she was given a plat that shows the fifty foot buffer on the Village and Town side.
Ms. Dalotto said the subdivision is not otherwise described within the water agreement. Ms. Dalotto
felt if you read the water agreement you can’t tell very much about the subdivision, you really have to
see the plat. The plat was sent to her so she felt it was the plat that was reviewed before the
signatures were on the agreement.

Councilperson Reilly asked Building Inspector Cantlin if at the time the water agreement was signed
was there a pending application before the Planning Board. Building Inspector Cantlin wasn’t sure of
the date that it went to the Village but remembered Engineer Menia saying the map was something
that was used to show the Village how the subdivision comes up against the Village. Building
Inspector Cantlin said that Attorney Mackey is correct. There isn’t any language in the agreement
and there was never a discussion that addressed anything with any other part of the subdivision
except their concerns about the Village line and the number of lots.

Ruthanne Dalotto
Ms. Dalotto asked how the subdivision is described without the plats. Building Inspector Cantlin said
the subdivision wasn’t necessarily described because they weren’t sure which way it was going to go
and the Planning Board hadn’t approved anything. They were showing how it would abut the Village
and the number of lots to be served. The Village wasn’t interested in any of the other configurations.
Attorney Mackey added that the Village didn’t make their agreement to provide water contingent
upon the application being approved in a particular form. They required a fifty foot buffer along the
Village boundary. Attorney Mackey asked if it was a sketch plan. Building Inspector Cantlin said it
wasn’t even that. Building Inspector Cantlin said it was just something that was provided to show the
Village that there was going to be a subdivision abutting them. Councilperson LaGrange thought it
might have been conceptual adding that it’s changed a lot since then. Attorney Mackey said that the
agreement didn’t have to do with Forrest Dive it had to do with the buffer between the subdivision
and the Village properties. Ms. Dalotto felt that at that time there should have been language
inserted in the water agreement from the Town supporting the residents on Forrest Drive. In the
absence of that language Ms. Dalotto thought the Town could go to the plat that shows the fifty foot
buffer on both areas. Ms. Dalotto also felt that the Planning Board didn’t give it adequate
consideration.

Supervisor Dolin said from a legal point of view that there can’t be any linkage between the water
agreement and Ms. Dalotto’s request. There might be a two part solution where the Town could act
on the agreement and then the Board could consider it. Supervisor Dolin felt that the formal
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application has been filed, reviewed, and approved. Supervisor Dolin asked the Board to authorize
him to sign the addendum #1 to the water purchase agreement.

RESOLUTION 08-122
Councilperson LaGrange offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby authorize
Supervisor Dolin to sign addendum 1 to the Water Purchase Agreement between the Town of New
Scotland and Village of Voorheesville.

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

Supervisor Dolin asked if anyone wanted to propose a resolution for the Planning Board.
Councilperson LaGrange said he refers the logistics of it to the lawyers. Councilperson LaGrange
added that residents have come to the Town Board with concerns and he asked if there were any
opportunities to address them. Councilperson LaGrange didn’t think it put any undo pressure on the
Planning Board if the Town Board says they’ve been approached by the residents of Forrest Drive
who have asked us to ask the Planning Board to re-entertain the fifty foot buffer. Councilperson
LaGrange added that if they can’t do it because it’s already been approved than its fruitless. Building
Inspector Cantlin believed that once the preliminary plat is approved the Board has basically
approved the layout and only minor changes can be made. Realigning a road or changes the
number of lots or size would be a substantial change to the plat. Building Inspector Cantlin added
that he’s not a lawyer. Attorney Mackey said there is a lot of legal significance associated with
preliminary plat. Attorney Mackey added it’s essentially approval of the subdivision. Attorney
Mackey said the Board has legal authority if they want to write a letter to the Planning Board asking
them to look at it. Attorney Mackey added that the Town Board doesn’t have any legal authority to
require the Planning Board to do it or to interfere with their process. Attorney Mackey thought it would
be a waste of time unless the developer somehow agreed to do it. Councilperson Reilly asked Town
Clerk Deschenes to check her records to see what she has on file. Councilperson Reilly said his
sense is that the Planning Board does not have the authority after preliminary plat approval.
Councilperson Reilly was hesitant for the Town Board to ask the Planning Board to do something that
they might not have any authority to do. Attorney Mackey said the Board could ask them to consider
whether they have authority to do it. Councilperson Neri said that Planning Boards are set up to be
totally beyond Town Board control adding that she felt it was a dangerous path.

Ruthanne Dalotto
Ms. Dalotto said that Councilperson Neri attended the April 1 st meeting where many people attended
and they were all supporting various parts of proposals on Forrest Drive. Ms. Dalotto said that the
Planning Board was quiet that night but she didn’t feel they listened to what the people had to say.
Councilperson Neri said from her perspective they were listening. Ms. Dalotto said they were quiet
but not listening. Ms. Dalotto said that she and Mr. Hotopp attended a lot of meeting and the kinds of
comments that they were getting were not the kind of comments showing that they were considering
what we had to say. Ms. Dalotto said the Planning Board was respectful on April 1st but they were
not asking the kinds of questions that showed real consideration of any of the comments being
made.

Supervisor Dolin was reluctant to do anything and asked if Councilperson LaGrange wanted to offer
a resolution. Councilperson LaGrange said that’s why he referred to Attorney Mackey and Building
Inspector Cantlin. Supervisor Dolin said that there might be a lesson to learn. The water agreement
was reached long before the actually final sketch plan. Building Inspector Cantlin said that the
preliminary plat only came in a few months ago. Attorney Mackey said that there is nothing in the
zoning law that would require a developer to provide a fifty foot buffer anywhere. Attorney Mackey
added that the only reason that there is a fifty foot buffer along the Village line is because the Village
told the developer unless they gave the buffer they wouldn’t give water.

Ruthanne Dalotto
Ms. Dalotto said that was her understanding also but she was hoping that the Town would say
something similar like unless you support our residents we won’t sign the amended water agreement.
Attorney Mackey said that won’t change anything. There is a preliminary plat that’s approved. If the
addendum to the water agreements not signed they still have a water source and the development
would go in. Supervisor Dolin agreed saying that the Town has a binding agreement. Ms. Dalotto
asked if the Board isn’t going to recognize the plat that goes with it. Supervisor Dolin said he wasn’t
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                                             07/09/2008

here at the time but Building Inspector Cantlin’s recollection is that probably the Town Board didn’t
have it. Building Inspector Cantlin added that he didn’t recall that the Planning Board actually saw
the particular plat. Building Inspection Cantlin didn’t know if the Town Board did. Councilperson
Reilly said the Town Board would have the Town Clerk check it out.

Edith Abrams
Mrs. Abrams said that Planning Board member Kevin Kroencke had a copy. Mrs. Abrams added that
he recognized that there was such a thing with a fifty foot buffer for the Forrest Drive residents. Mrs.
Abrams said that Mr. Stapf said that the sketch was never put up on the Board. Mrs. Abrams added
that sometime between when that sketch was prepared and the plan was put up on the board the fifty
foot buffer was realigned. Supervisor Dolin said the issue is whether when the Town Board adopted
the resolution acting on what they had seen.

Christine Galvin
Ms. Galvin said that the Town Law defines preliminary plat approval and it doesn’t specifically say
that the preliminary plat can’t be changed. Ms. Galvin added that there is a final plat and a public
hearing on the final plat. Ms. Galvin said the statue itself doesn’t say that a resident or the Town
Board can’t request the Planning Board to consider something. Building Inspector Cantlin advised
that the Town Zoning Law is not taken verbatim from Town Law. Building Inspector Cantlin added
that basically if the preliminary plat and the final plat are same then there’s no need to have a final
plat public hearing. Ms. Galvin hoped the town law would comply. Building Inspector Cantlin said it
does comply adding that the preliminary plat approval is really the approval of the subdivision.
Building Inspector Cantlin said that doesn’t mean it can’t be changed. Ms. Galvin said she just
wanted to inform the Board that there is a statuary requirement for a final plan approval and public
hearing and there is nothing in the statue saying it can’t be changed. Supervisor Dolin asked if the
Planning Board could have a second hearing. Building Inspector Cantlin said if anything comes up
that’s substantial there will be second hearing. Supervisor Dolin asked if a hearing would be held if
there is no change. Building Inspector Cantlin said if there is no change holding another hearing
would be at the option of the Planning Board. If there is no change is usually a redundant thing.

Town Clerk Deschenes will see what she has on file and let the Board know tomorrow.
Councilperson Reilly said it’s his understanding that a few of the people that would be most affected
are members of the Colonie Country Club. Councilperson Reilly asked if they had approached the
Country Club to see if they would approach the developer who is buying the land from them. Ms.
Dalotto will check.

VI.    Engineering
        Consideration by Town Board Resolution Authorizing Release of Final Retainage to
            Cranbrook Construction, Inc. for Successful completion of Construction Activities Relating
            to Clarksville Water District Extension #7
Engineer Dempf he has been approached by two residents who are not comfortable with the Town
acting on this at this point in time. Engineer Dempf said that there is a highway job that is going to
come through that will alter whatever we have the contractor do. Engineer Dempf suggested holding
this until he can determine what the contractor is responsible for and what we will actually be doing.
Councilperson Baron hoped that this would go past August meeting. This will be revisited at a
special meeting on July 23rd.

Christine Galvin
Mrs. Galvin advised that she was able to look at the Zoning on line and it definitely provides for the
filing of a final plan and another public hearing. Mrs. Galvin said if the Board wanted to write a letter
or make a request there is another public hearing stage that has to happen on it because it’s a major
subdivision. Supervisor Dolin said Town Clerk Deschenes will do her research and the Town Board
will take it from there.
          Report on various Projects
Engineer Dempf asked if the Board had any questions on the report he sent. There were no
questions.
          Heldervale Sewer District Extension #4
Attorney Mackey advised back in 2005 the Board approved the creation of Heldervale Sewer District
Extension #4. The petition called for expending not more than $181,000. Engineer Dempf ran into
difficulties getting the necessary easements from landowners so it’s never been built. After three
years Engineer Dempf got the easements problems resolved. Attorney Mackey said that the cost of
construction has increased dramatically in three years and now the estimate is $320,000 with a
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contingency. In order to consider doing this a public hearing is required. If approved, after that it’s
subject to a permissive referendum. If the waiting period goes by and no one petitions then the Town
Board could adopt a bond resolution. Engineer Dempf suggested adding some additional wording
about the hook up fee. Attorney Mackey said he used that same order that was used three years
ago because what we have to do is disclose the figures.

RESOLUTION 08-123
Supervisor Dolin offered the following resolution and moved its adoption:

      WHEREAS, on May 11, 2005 the New Scotland Town Board conducted a Public Hearing,
pursuant to petition, concerning the proposed creation of Heldervale Sewer District Extension # 4,
pursuant to a Map, Plan, and Report filed in the office of the New Scotland Town Clerk; and

      WHEREAS, the maximum amount proposed to be expended for the extension, as set forth in
the Petition and Map, Plan and Report was $181,000.00; and

      WHEREAS, the projected cost for debt service and sewer usage to the typical property owner,
pursuant to the Petition and Map, Plan and Report was estimated at $400.00 per year; and

      WHEREAS, on May 11, 2005 the Town Board adopted an Order Establishing Sewer District
Extension, which created Heldervale Sewer District Extension # 4; and

       WHEREAS, on June 8, 2005 the Town Board Adopted a Bond Resolution authorizing the
issuance of Serial Bonds in an aggregate principal amount not to exceed $181,000.00 for the
purpose of financing all costs associated with the creation of Heldervale Sewer District Extension # 4
and all construction costs associated therewith; and

         WHEREAS, Heldervale Sewer District Extension # 4 has never been constructed because of
difficulties associated with obtaining necessary easements; and

     WHEREAS, the Town Engineer has reported that the difficulties associated with obtaining
easements have now been resolved; and

       WHEREAS, the Town Engineer has advised the Town Board that due to the passage of time,
the previous cost estimate needs to be revised to the amount of $320,000; and

       WHEREAS, the Town Board of the Town of New Scotland still feels that this is an important
project; and

        WHEREAS, costs to typical property owners in Heldervale Sewer District Extension # 4 still
would not exceed the State Comptroller’s office threshold for the average estimated cost of a sewer
district to a typical user; and

       WHEREAS, the Town Board of the Town of New Scotland wishes to conduct a Public Hearing
to determine whether it is appropriate to increase the maximum amount to be expended for the
project to $320,000, in accordance with Town Law Section 209-h; and

      WHEREAS, the cost for debt service and water usage for the typical property owner is
estimated at $500 per year; and

        WHEREAS, the estimated cost of hook up fees is $12,000.00 and the estimated cost of
installation of a grinder pump and completion of the service connection from the property line to the
house is $4,500.00;

       NOW, THEREFORE, it is hereby ORDERED that a Public Hearing be held on August 13,
2008 at 6:30 p.m. at New Scotland Town Hall to consider said proposal and to hear all persons
interested in the subject concerning the same; and it is further

       RESOLVED, that the Town Clerk is hereby authorized and directed to publish a copy of this
Order Calling Public Hearing in the official town newspaper and to post a copy of the same on the
sign board of the Town in the time and manner required by law.

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

        Clarksville Water District Tank Project
The Clarksville Water District Tank Project is on schedule.
        Proposed New Salem Water District
Councilperson Neri advised that the Water Committee talked extensively about New Salem grant
application and that several residents are anxious for Bethlehem to support this project.
Councilperson Neri added that she received phone calls from residents regarding the mercury spill in
Bethlehem. The water committee talked about it with the hope that maybe it would increase the
points and enable us to hit the line where we’re eligible for a sizable grant. Engineer Dempf said that
he is stepping up our discussions with Bethlehem regarding the New Salem Water District, an
extension of a private or public water line that is on Route 85 and Route 85A, and other various
issues. Councilperson Neri thought there was a deadline for Bethlehem to come on board. Engineer
Dempf said that we would like to have something from them by the end of July. Councilperson Reilly
asked if another letter should be sent. Supervisor Dolin said he would like a resolution. Supervisor
Dolin spoke with Supervisor Cunningham today and they have to replace some ballast which will cost
around $180,000. Supervisor Cunningham was not opposed to rolling those into the grant if that’s
possible. Engineer Dempf said it’s very possible that the value of that will be totally offset by the
number of points and we may possibly obtain either a grant or a zero interest loan situation.
Supervisor Dolin said that Supervisor Cunningham would be interested if we can get a zero interest
loan. Supervisor Dolin said he would like the Board to formally authorize him to send a letter to
Supervisor Cunningham and the Bethlehem Town Board requesting that they formally join the
application. Supervisor Dolin asked if it would be a joint application. Engineer Dempf said what New
Scotland would like from them is a letter of support and a town board resolution similar to some
language that we’ve been crafting over the past several months. Engineer Dempf added that the
language gives the history of how we’ve been cooperating over many years to solve some joint
municipal problems. This could be another area where we could cooperate with each other to solve
more problems and provide more water to more residents in the Town of New Scotland. Engineer
Dempf said that was the intent of the verbiage that he crafted for the Board. Engineer Dempf
requested that the Board take a look at the verbiage to make sure they feel the same way.
Supervisor Dolin asked if Engineer Dempf was talking about our letter or Supervisor Cunningham’s.
Engineer Dempf said New Scotland has a draft letter with a proposed resolution that we would like
Bethlehem to entertain. Councilperson Reilly asked when the Board would have it for review.
Engineer Dempf said he would have it to the Board the first thing in the morning. Supervisor Dolin
said the idea is that Bethlehem will support New Scotland.

RESOLUTION 08-124
Councilperson Neri offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby authorize
Supervisor Dolin to contact Bethlehem Supervisor Cunningham for a letter from him and a resolution
from the Bethlehem Town Board in support of the EFC New Salem Water Grant application by July
31, 2008.

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

         Youmans Road Water Informational Meeting
The Water Committee would like to invite the property owners on Youmans Road to the next Water
Committee meeting to discuss the potential for an extension of water and their interest in
participating. This is for information only. Supervisor Dolin asked if there were any objections to the
Town sending out a letter to the property owners. There were no objections.
         Claremont II
Engineer Dempf said there have been several discussions regarding Claremont II subdivision. The
developer, Catherine Froman asked that the Board consider the potential of an extension of
Voorheesville water into the Town of New Scotland to serve that subdivision. The Town Board needs
to consider how it would move forward. Engineer Dempf said this is similar to Colonie Country Club
Estates. There would have to be some type of water agreement and engineering discussion on how
much water would they be willing to sell. Engineer Dempf asked the Board for permission to
approach the Village. Supervisor Dolin felt it would be an awkward thing to administer. Supervisor
Dolin asked if we are assuming the property is in the Town or the Village. Engineer Dempf said we’re
assuming the property is in the Town. Councilperson Reilly said this has an added problem because
the property is accessed through the Village. Councilperson Neri asked if Engineer Dempf is asking
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the Board if they have any objections. Engineer Dempf said the Town Board has to act on it. This
was brought to the Water Committee just like Colonie Country Club Estates. They are asking if this
Town Board would entertain discussing this with the Village. Supervisor Dolin said he heard
informally that the Village for some reason thinks perhaps this property is in the Village or at least the
Village has been told that’s possible. Attorney Mackey thought it was taxed as if it was wholly in the
Village for a number of years but the part of Claremont that is not developed is physically outside the
Village. Attorney Mackey recalled when Claremont was going in the Village didn’t treat it as part of
the Village. Attorney Mackey heard at one time that the Village would expand it’s boundaries to
incorporate it. Councilperson Neri thought that the Village is having that discussion. Building
Inspector Cantlin recapped boundary issues that were discussed in the nineties. Councilperson Neri
suggested waiting to hear from the Village.

VII. Public Safety
      Approval of Advanced Life Support Contract with Albany County for the Period Jan 1,
         2008 through Dec 31, 2008 in the amount of $171,261.39
RESOLUTION 08-125
Councilperson Reilly offered the following resolution and moved its adoption:

     RESOLVED, that the Town Board of the Town of New Scotland does hereby approve the
Advanced Life Support Contract with Albany County for the period January 1, 2008 through
December 31, 2008 in the amount of $171,261.39.

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

        Approval of EMT-Defibrillation Contract with Albany County For the Period Jan 1, 2008
         through Dec 31, 2008 in the Amount of $43,650.14
RESOLUTION 08-126
Councilperson Reilly offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby approve the
EMT-Defibrillation Contract with Albany County for the period January 1, 2008 through December 31,
2008 in the Amount of $43,650.14.

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

Supervisor Dolin advised that the Village is trying to get the Voorheesville Area Ambulance service to
incorporate in their recovery program the charges that ALS bills. Supervisor Dolin said there’s no
opposition but there are discussions about process and procedure.

VIII. Discussion of Options for Pick Up of Solid Waste and Recyclables
Supervisor Dolin invited our current and previous refuse collectors, Mr. Pollard, and Mr. Wright to
attend tonight’s meeting to discuss refuse collection. New Scotland’s contract is up for renewal and
Supervisor Dolin thought it would be helpful for the Board to hear about the current status of the
industry. Mr. Pollard heard that there has been some discussion about automation. Mr. Pollard said
that his current contract is much to low for another year and what he pays daily for fuel would blow
the Board mind. Mr. Pollard said if there is an opportunity for negotiations he would like to be
included in a closed discussion. Supervisor Dolin asked about automation. Mr. Pollard thought
automation would be cost effective if the contract is for more than two years. Mr. Pollard added costs
of the cans are expensive. How the cans are distributed, how the capital investment is taken care of,
how the cans will be collected and cleaned at the end of the contract and the cost of damaged and
lost cans have to be considered. Supervisor Dolin asked what type of resistance should expect from
residents in the hilly remote part of the Town. Mr. Pollard felt an automated system is the way to go
but acknowledged that it would be difficult on some roads because the can has to be placed on a flat
surface. This is an automatic system and the trucks are not friendly for the operator to get out and
straighten or dump cans. Mr. Pollard said the Town would need to educate their customers.
Supervisor Dolin said some of our residents live 300-400 feet from the road. Mr. Pollard realized that
and said all his private customers use cans or they leave the container at the end of the driveway.
Mr. Pollard said there are different size cans. They come 45, 65 and 95 gallons. The majority of the
Village of Voorheesville uses 95 gallon containers. Mr. Pollard felt a standardized can is a good way
to monitor possible abuse. Supervisor Dolin asked if someone could lift a filled can, put it in their
pickup and take it to the end of their driveway. Mr. Pollard thought it could be done with a 45 gallon
can and possibly at 65 gallon can but a 95 gallon container weight approximately 50 lbs empty. Mr.
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                                       TOWN OF NEW SCOTLAND
                                    REGULAR TOWN BOARD MEETING
                                              07/09/2008

Pollard said it would be a problem for some residents but it’s something they would need to
overcome. Supervisor Dolin asked if residents could have two forty five gallon cans. Mr. Pollard
thought they could or suggested those residents leave the container at the end of the driveway and
bring the garbage down in bags. Supervisor Dolin asked what kind of resistance the Town Board
should expect. Mr. Pollard didn’t know. Mr. Pollard said once you go to automated truck in order to
get the refuse into the truck the operator has to throw it eight feet in the air or add another truck into
the equation. Mr. Wright said what he did in Bethlehem is treat it on a case by case bases to keep it
to a minimum. Supervisor Dolin asked if the Town went out to bid for an automatic system would it
be less expensive than it is currently. Mr. Pollard felt it was the way to go for long term but the
investment in cans must be paid for. Mr. Pollard thought the Town might do better with a five year
contract but the savings wouldn’t be substantial. Mr. Pollard thought to purchase containers for New
Scotland would run about $180,000. Supervisor Dolin asked how much a container cost. The last
time Mr. Pollard purchased one it cost $56. Councilperson LaGrange asked how many bags would
fit in a 45 gallon container. Mr. Pollard estimated it would take 3 or 4 18” X 18” bag. Mr. Pollard felt a
family of four would need a 95 gallon container. Councilperson LaGrange asked what bigger
businesses in town would use. Mr. Pollard suggested multipliable containers. Councilperson
LaGrange thought a benefit would be that you could put it out the night before without worrying about
animals. Mr. Pollard said there advantages for the company also. Mr. Pollard said he’s had a lot of
compensation issues in New Scotland. Mr. Wright said his company has been sold on the automatic
system for a long time and was the first in the capital district to automate. Mr. Wright said the Village
of Voorheesville has been automatic for approximately ten years. The main reason Mr. Wright went
automatic was due to a labor situation and compensation. Mr. Wright said a 50 year old can run an
automatic truck but in most cases you can’t put him on a manual truck because he can’t do the work.
Having an automatic truck gave him a much bigger labor pool. Mr. Wright is able to keep people
longer because they like the job. Mr. Wright thought that 95% of the private subscription customers
in the capital district are automated and that 99% of his work is done with automated equipment. Mr.
Wright said he does it because he can put one man in a truck and he can do 700 houses in a six
hour day. Supervisor Dolin asked if Mr. Wright thought it would be cheaper for the Town. Mr. Wright
said it’s the future of waste collection and eventually everything will be done that way other than
some big cities with parked car issues. Mr. Wright thought the suburbs would eventually go to an
automatic collection system. Mr. Wright added it’s already happening. Mr. Wright said the other thing
it offers is cleaner looking streets. Mr. Wright added that the Town of New Scotland is one of the few
suburban towns that provide waste removal through a contractor. Most of the surrounding towns
have a subscription service where residents contract individually. Mr. Wright added that it does cost
a little more but the benefit is those residents get a customized service where they chose the type of
service and how many cans they want. Mr. Wright added that it gets it out of the Town budget. Mr.
Wright estimated that the Town spends over $400,000 a year on waste pickup between the
contractor’s fee and dump fees. Mr. Wright felt realistically it will be closer to $600,000 in the near
future. Mr. Wright thought automation is the way to go. Mr. Wright doesn’t like the small containers
and that’s why he gave them out on a case by case basis in the Village of Voorheesville. Mr. Wright
thought the reason the Town still provides garbage pick up is because they provided the service
themselves for a long time and when it got cost prohibited they went out to bid.

Robert Prentiss
Mr. Prentiss urged the Board to go towards an automated system. He felt it’s environmentally
friendly and complimented Mr. Wright for his professional efficient service. Councilperson LaGrange
asked how recyclables would be handled. Mr. Wright said they would still be handled manually. Mr.
Prentiss advised that the Town of Colonie goes one step further with recyclables. They have red
baskets for newspapers and green baskets for bottles.

Melanie Ernst
Mrs. Ernst lived in the Town of Coeymans for thirteen years and they closed the land fill there. Mrs.
Ernst felt that it increased illegal dumping problems. Mrs. Ernst asked what it would cost through our
taxes per household verse subscribing individually. Mr. Wright said it cost less though the taxes.
Mrs. Ernst asked how much it cost. Mr. Wright said depending on the can size $23-$27 a month.

Edith Abrams
Mrs. Abrams said right now in our recyclables we put in #1 and #2 plastics. Mrs. Abrams asked
about recyclables. Mr. Wright said that recycling has expanded but it depends on where your hauler
is taking the materials. Certain places will take more plastics then others. Mr. Wright picks up #1,
#2, #3 and cardboard milk cartons. Mr. Pollard said that the Town has his current guidelines.


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                                            Final 8/14/08
                                      TOWN OF NEW SCOTLAND
                                   REGULAR TOWN BOARD MEETING
                                             07/09/2008

Douglas Miller
Mr. Miller lives in the Village and found the containers easy to use even in the winter. Mr. Miller said
the containers hold up good in the wind. Mr. Miller advised that the cans in the Village are numbered
for identification purposes. Mr. Wright said with his equipment he can pull a container out of a four
foot snow drift without getting out of the truck. Mr. Wright added that in the winter it makes the job
better for their employees. Mr. Pollard thought the Town might only have a problem where there’s
not a flat spot to put the can.

Anthony Genovesi
Mr. Genovesi asked how the Town would charge someone for a small container verse a large one.
Mr. Wright said in the Village it’s one charge and then he assumed the expense is divided up against
the number of house. Mr. Wright said with subscription service cost varies. Mr. Wright discussed
subscription service.

Sharon Boehlke
Mrs. Boehlke has a long driveway but would like to see something else done because the way our
garbage is being pickup now is insufficient. Mrs. Boehlke felt the town is considered rural rather than
suburban. Mrs. Boehlke is concerned about the many houses that set way back in that wouldn’t
have a way to get the container out to the road unless they put them in their car. Mrs. Boehlke can’t
leave her recycling bins at the end of the driveway because they get stolen and she’s had to
purchase at least seven to ten since she moved in. Mr. Wright said a garbage container is harder to
take. Mrs. Boehlke felt that the Town does need something cleaner because our streets are
disgraceful but she probably wouldn’t use the containers.

Supervisor Dolin thanked Mr. Pollard and Mr. Wright for coming in. Supervisor Dolin added that the
Town will be in touch with Mr. Pollard regarding the contract. Councilperson Reilly wanted to make it
clear that we reserved our option to renew the current contract which expires 8/31/08. This can be
discussed at the special meeting on July 23rd.

IX.    Discussion and Approval of Contract for Proper Disposal/Recycling of Light bulbs
Highway Superintendent Duncan advised the Board that in 2012 it will be mandatory to recycle light
bulbs. Highway Superintendent Duncan recommended entering into a contract with Elot. Highway
Superintendent would like to purchase two containers that will be stored at the Highway Garage for
those interested in participating. The cost per container is $26.25 and is a one time charge. There is
also a fee for bulbs. The program would start immediately.

RESOLUTION 08-127
Councilperson Reilly 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 Elot for recycling light bulbs.

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

        Approval of Purchase of Wood Chipper per Low bid of 6/16/08
Highway Superintendent Duncan asked permission to purchase a brush chipper from the low bidder,
William Biers, Inc. The total bid was $27,399 with a trade in option of 8,000, making the total cost
$19,399.

RESOLUTION 08-128
Councilperson Baron offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby authorized
Highway Superintendent Duncan to purchase a brush chipper from William Biers, Inc. the low bidder
and trade in the old chipper.

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

X.    Approval of Contract with UBS Financial Services, Inc. for Management of Investments
      for the New Salem Fire District Length of Service Award Program
RESOLUTION 08-129
Supervisor Dolin offered the following resolution and moved its adoption:
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                                            Final 8/14/08
                                      TOWN OF NEW SCOTLAND
                                   REGULAR TOWN BOARD MEETING
                                             07/09/2008


       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve entering
into a contract with UBS Financial Services, Inc. for management of investments for the New Salem
Fire District Length of Service Award program.

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

        Stormwater Coalition
Building Inspector Cantlin advised that the County wants to make a few changes to Stormwater
Coalition Agreement. Building Inspector Cantlin requested this be put on the July 23 rd agenda. He
will have the revised agreement by then for the Board to approve.


XII. Invitation to the Public to Comment on Non-Agenda Items
Edith Abrams
Mrs. Abrams asked if once the CZAC votes on zoning changes would it go to the Planning Board for
their recommendation and then to the Town Board. Councilperson Reilly advised that it goes to the
Town Board first who then refers it to the New Scotland Planning Board and the Albany County
Planning Board.

Mrs. Abrams commented that Mrs. Elliott will vote as a member of CZAC and as a member of the
Planning Board.

Mrs. Abrams advised that Keningston Woods and Colonie Club submitted applications prior to the
Town adopting a residential senior citizen housing district. Mrs. Abrams asked if they are going to
have homes for active seniors since neither one are in our floating senior housing district. If they are,
Mrs. Abrams suggested amending a portion of the zone so it remains a residential senior citizen
housing district in the future.

Mrs. Abrams questioned whether the Town has asked Keningston Woods to test their water source
or put in a larger pipe to serve surrounding parcels. Engineer Dempf advised that according to Town
Law anything we ask the developer to do we would have to pay for. Engineer Dempf felt Mrs.
Abrams was making an assumption regarding the capacity before seeing the report.

Christine Galvin
Mrs. Galvin had concerns regarding the new Mixed Economic Development District (MEDD) for Vista.
She felt the definition of light industrial use was confusing. Mrs. Galvin also thought that the new
district should dove tail with the current zoning law. One discrepancy she noted was that buildings
can not exceed three stories under the currently zoning law and this district allows for buildings 60
feet high. Mrs. Galvin though that the industrial district needed clarification noting that we used the
same definition as Bethlehem. Mrs. Galvin thought it should be broader and deal with performance
and use issues. Mrs. Galvin referred the Board to the Village of Colonie who has a very detailed
code.

Anne Carson
Mrs. Carson advised Mrs. Abrams that the minimum size for a water line in the Town of New
Scotland is eight inches.

XI.    Liaison Reports
Councilperson Baron said that twenty-five seniors went on the trip to Ft. William Henry and Suttons
Market. Councilperson Baron felt for some senior this program changed their life. Mrs. Abrams
suggested pictures be put in the Altamont from the trips. Councilperson Baron reported that the
Town received a grant from Albany County for $11,500 to apply towards transportation for seniors.
Councilperson Neri said that the New Scotland Historical hoped the bus could be used to transport
seniors to their presentations on Tuesday and Sundays.

Councilperson Neri reminded everyone that Clarksville Heritage Day is 8/2/08.

XIII. Pay the Bills
RESOLUTION 08-130
Councilperson Reilly offered the following resolution and moved its adoption:

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                                          Final 8/14/08
                                    TOWN OF NEW SCOTLAND
                                 REGULAR TOWN BOARD MEETING
                                           07/09/2008

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

Pay the Bills 2008
Vouchers 20080707-20080792      $ 114,710.12

Pay the Prepays 2008
Vouchers 20080694-20080706      $ 52,210.77

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

Councilperson Reilly made the motion to adjourn and seconded by Councilperson LaGrange. The
meeting adjourned at 9:15 P.M.


_____________________________
Diane R. Deschenes, Town Clerk




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