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					                                          FINAL 3/10/2010
                                       Town of New Scotland
                                       Organizational Meeting
                                               1/1/10

The following Town Officials were in attendance:

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


1.    Call to Order
Supervisor Dolin called the meeting to order at 1:00 P.M.

2.    Pledge of Allegiance
3.    Organizational Resolutions:

      Supervisor Dolin announces the following unsalaried appointments:
       Deputy Supervisor: Douglas LaGrange
       Fire Wardens:      Chief of each respective fire district
       Town Historian:    Robert Parmenter

      Supervisor Dolin announces the following Board Members’ assignments:
       Thomas Dolin:     Highway, Assessing, Building, Audit & Finance, Town properties,
                          Village Inter-Municipal Relations
       Deborah Baron:    Senior Programs, Schools and Libraries.
       Doug LaGrange: Co-Liaison Planning and Zoning Boards, Comprehensive Plan.
       Richard Reilly:   Youth and Recreation, Parks, Public Safety Committee, Co-Liaison
                          Planning and Zoning Boards.
       Daniel Mackay:    Water, New Scotland Historical Association, Clarksville Historical Society,
                          Onesquethaw-Coeymans Watershed Council.

      Town Clerk Deschenes announces the following appointment:
       Carol Cootware: Deputy Town Clerk

      RESOLUTION 10-01
      Supervisor Dolin offered the following resolution and moved its adoption:

             RESOLVED, that the Town Board of the Town of New Scotland does hereby
      authorize the Supervisor to designate a Confidential Secretary and a Bookkeeper.

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

      Supervisor Dolin announces the following appointments:
       Sarah Kavanaugh: Confidential Secretary
       Lisa Boehlke:     Bookkeeper

      RESOLUTION 10-02
      Supervisor Dolin offered the following resolution and moved its adoption:

          RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
      Martha Slingerland as Registrar.

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

      Registrar Martha Slingerland announces the following unsalaried appointments:
       Victoria Seymour, Deputy Registrar
       Carol Cootware, Sub-Registrar

      RESOLUTION 10-03
      Supervisor Dolin offered the following resolution and moved its adoption:

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       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Lori-Ann Saba as Recording Secretary for the Planning Board and Zoning Board of
Appeals.

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

RESOLUTION 10-04
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
L. Michael Mackey as Town Attorney, for a term to expire December 31, 2011.

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

RESOLUTION 10-05
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Jeffrey Baker as counsel to the Planning Board and Zoning Board of Appeals, for a term to
expire December 31, 2010.

Councilperson Mackay seconded the motion.

Councilperson Reilly advised Mr. Baker this morning that this is not an appointment he feels
comfortable making right now. Councilperson Reilly wished Mr. Baker the best and hopes to
reach a greater comfort level in the next year.

All present and voting the motion carried (4 Ayes, 1 Nay). Councilperson Reilly voted nay.

RESOLUTION 10-06
Councilperson LaGrange offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Charles Voss as Member of the Planning Board, for a term to expire December 31, 2016.

Councilperson Mackay seconded the motion.

Councilperson Reilly advised Mr. Voss this morning that he has some concerns but wished him
the best. Councilperson Reilly would like to meet with Mr. Voss and hopes to reach a greater
comfort level in the future.

All present and voting the motion carried (4 Ayes – 1 Nay). Councilperson Reilly voted nay.

RESOLUTION 10-07
Councilperson LaGrange offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Charles Voss as Chairman of the Planning Board, for a term to expire December 31, 2010.

Councilperson Mackay seconded the motion.

All present and voting the motion carried (4 Ayes – 1 Nay). Councilperson Reilly voted nay.

RESOLUTION 10-08
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Jo Ann Davies as Alternate Member of the Planning Board, for a term to expire December
31, 2010.

Councilperson LaGrange seconded the motion. All present and voting the motion carried (5
Ayes).
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RESOLUTION 10-09
Supervisor Dolin offered the following resolution and moved its adoption:

     RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Adam Greenberg as Member of the Zoning Board of Appeals for a term to expire
December 31, 2014.

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

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

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
William Hennessey as Chairperson of the Zoning Board of Appeals for a term to expire
December 31, 2010.

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

RESOLUTION 10-11
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Paul Cantlin as Town Constable to serve without remuneration, for a term to expire
December 31, 2010.

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

RESOLUTION 10-12
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Members to the Water Committee, Recreation Committee, Public Safety Committee and
Senior Advisory Board as stated on the attached 2010 Fiscal Year Salaries and Wages
sheet, to serve without remuneration, for a term to expire December 31, 2010.

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

RESOLUTION 10-13
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Douglas Miller as Commissioner of the Public Safety Committee to serve without
remuneration, for a term to expire December 31, 2010.

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

RESOLUTION 10-14
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Darrell Duncan as Deputy Commissioner of the Public Safety Committee to serve without
remuneration for a term to expire December 31, 2010.

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

RESOLUTION 10-15
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Kevin Phelan as Chairperson to the Water Committee to serve without remuneration, for a
term to expire December 31, 2010:

Councilperson Reilly seconded the motion. All present and voting the motion carried (5 Ayes).
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RESOLUTION 10-16
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint
Elizabeth Kormos as Chairperson to the Senior Advisory Board to serve without
remuneration, for a term to expire December 31, 2010.

Councilperson Baron asked that this be tabled because at one point Mrs. Kormos asked to
step down from the Board. Mrs. Kormos said the Board was dissolved for a while but she
discussed this with Supervisor Dolin and they felt that the Board could still exist in the New
Year. Mrs. Kormos agreed this could be tabled until there is an opportunity for some
discussion with Ms. Kidder. Councilperson Reilly suggested tabling this until the January
meeting. Councilperson Mackay asked what steps will be taken before the January meeting
so that this is on the agenda. Councilperson Baron said she would reach out to Ms. Kidder.
Councilperson Reilly asked that Councilperson Baron let the Board know how she makes
out.

Supervisor Dolin tabled the resolution.

RESOLUTION 10-17
Supervisor Dolin offered the following resolution and moved its adoption:

        RESOLVED, that the Town Board of the Town of New Scotland does hereby
appoint Kevin Schenmeyer as Dog Warden Captain and James Conde as Dog Warden for
a term to expire December 31, 2010.

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

RESOLUTION 10-18
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, pursuant to Section 64, subdivision 11 of the Town Law, The Altamont
Enterprise newspaper, regularly circulated in the Town of New Scotland, County of Albany,
and entered as second-class mail matter, be and are hereby designated as the official
newspaper of the Town of New Scotland.

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

RESOLUTION 10-19
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland will pay dues or
reimbursement of same to Town Justices for N.Y. Magistrate Association and Tri-County
Magistrate Association Membership.
Councilperson Reilly seconded the motion. All present and voting the motion carried (5 Ayes).

RESOLUTION 10-20
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland establish the third
Monday of each month as the 2010 regular Water Committee meeting at 5:30 p.m. at Town
Hall.

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

RESOLUTION 10-21
Supervisor Dolin offered the following resolution and moved its adoption:

     RESOLVED, that the Town Board of the Town of New Scotland establish the second
Wednesday of each month as the 2010 regular Town Board meeting at 7:00 p.m. in the
Town Hall.
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Councilperson Reilly seconded the motion. All present and voting the motion carried (5 Ayes).

Note: Board members to reserve the fourth Wednesday of each month for second meeting, if
needed.

RESOLUTION 10-22
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby enter
into an agreement with Stantec Consulting Services, Inc. to act as Town Engineering
Advisor for a term to expire December 31, 2010.
Councilperson LaGrange seconded the motion. All present and voting the motion carried (5
Ayes).

RESOLUTION 10-23
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland hereby approves the
Holidays for 2010, as stated in the Employees Policy Manual, as follows:

       New Year’s Day – New Year’s Eve, Friday December 31st
       Martin Luther King, Jr. Day
       President’s Day
       Memorial Day
       Independence Day – Monday July 5th
       Labor Day
       Columbus Day
       Election Day
       Veterans Day
       Thanksgiving Day
       Day after Thanksgiving
       Christmas – Christmas Eve, Friday December 24th

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

RESOLUTION 10-24
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland hereby authorizes
the continuance of Bonds for all Town Officials and the notice of same to be filed in the
Town Clerk’s Office.
Councilperson Reilly seconded the motion. All present and voting the motion carried (5 Ayes).

RESOLUTION 10-25
Supervisor Dolin offered the following resolution and moved its adoption:

        RESOLVED, that the Town Board of the Town of New Scotland does hereby
authorize the Supervisor to pay the following claims and to be empowered to take
advantage of all available discounts on bills, prior to audit: payroll, electric bills, telephone
bills, postage (including the mailing for property tax bills), express and freight charges and
heating fuel.

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

RESOLUTION 10-26
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, pursuant to Sections 29, 35 and 64 of the Town Law, that First Niagara
Bank be and hereby is designated as the depository for funds of the Town of New
Scotland, and Key Bank N.A., CLASS, Citizens Bank, Pioneer Bank and M&T Bank are

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alternates, and that all Town Officials be and are hereby required to deposit money coming
to their hands by virtue of their offices into the depositories named.

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

RESOLUTION 10-27
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland hereby authorizes
the Highway Superintendent to prepare notice for bids for the purchase of equipment and
supplies for Highway purposes in quantities needed or to obtain the same under State
contract.

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

RESOLUTION 10-28
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, pursuant to Section 102, subdivision 1 of the Town Law that in lieu of
auditing and allowing the claim of the Town Officers or employees for actual and necessary
expenses for travel, this Board allows and pays such officer or employee the amount
established by IRS for the use of his/her own automobile for each mile actually and
necessarily traveled by his/her office or position or as otherwise provided in said law,
section and subdivision.

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

RESOLUTION 10-29
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland hereby establish
petty cash funds for the following: tax collection - $500.00; Town Clerk - $200.00; Building
Inspector - $50.00; Supervisor - $200.00; Town Justices - $200.00;                 Highway
Superintendent - $200.00; and Senior Outreach - $200.00

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

RESOLUTION 10-30
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby
continue the offices and the salaries for Town Officials and employees for calendar year
2010 at the amount stated on the attached 2010 Fiscal Year Salaries and Wages sheet and
these salaries so set shall be payable at the time specified according to the Town’s
Employee Policy Manual.

Councilperson Baron seconded the motion.

Councilperson Reilly noted that the wage sheet was not attached and asked if these are the
same numbers talked about during the budget process. Supervisor Dolin said they are.

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

RESOLUTION 10-31
Supervisor Dolin offered the following resolution and moved its adoption:

      RESOLVED, that the Town Board of the Town of New Scotland hereby authorizes
the Town Clerk to collect water and sewer rents and to post and apply the collected money
according to the warrant.

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

RESOLUTION 10-32
Supervisor Dolin offered the following resolution and moved its adoption:
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             RESOLVED, that the Town Board of the Town of New Scotland does hereby
     reaffirm its approval of the Town’s Procurement Policy (copy attached).

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

     RESOLUTION 10-33
     Supervisor Dolin offered the following resolution and moved its adoption:

             RESOLVED, that the Town Board of the Town of New Scotland does hereby
     reaffirm its approval of the Town’s Investment Policy (copy attached).

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

4.   Order calling for Public Hearing on January 13, 2010 regarding Proposed Local Law A of
     the year 2010 (Town of New Scotland Ethics Law).

     RESOLUTION 10-34
     Supervisor Dolin offered the following resolution and moved its adoption:

            RESOLVED, that the Town Board of the Town of New Scotland does hereby
     approve setting a public hearing on January 13, 2010 at 6:30 p.m. regarding proposed local
     law A of the year 2010.

     Councilperson LaGrange seconded the motion.

     Councilperson Mackay asked that this be put on the town website early next week.
     Councilperson Mackay added that in the past it has been the habit to sometimes take action on
     an item the same night as the public hearing. Councilperson Mackay hoped the Board would
     defer action until the February meeting in order to fully consider public comments offered on
     January 13. Councilperson Reilly felt we should allow flexibility depending on whether or not the
     Board receives public comment or not. There were problems with the prior Ethic Law and
     Councilperson Reilly felt it was important to get this in place as soon as possible. Councilperson
     Reilly suggested putting it on the January agenda with the understanding that if there are issues
     raised the Board will put it off until February. Councilperson Mackay said he would appreciate
     that.

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

5.   Resolution authorizing the Supervisor to sign Agreement between the Town and
     Onesquethaw Volunteer Fire Company, Inc. for Fire Protection and Ambulance Service in
     the year 2010
     Supervisor Dolin asked to be authorized to sign an agreement between the Town and the
     Onesquethaw Fire Company to provide fire protection and ambulance service in 2010.
     Supervisor Dolin advised that as he outlined in an email to the Board there are still some
     indemnification issues that are being worked out but we’ve agreed on the services and the
     amount. Supervisor Dolin would like to adopt the form of the law which was given to the Board.

     RESOLUTION 10-35
     Supervisor Dolin offered the following resolution and moved its adoption:

            RESOLVED, that the Town Board of the Town of New Scotland does hereby
     authorize the Supervisor to sign an agreement between the Town and the Onesquethaw
     Volunteer Fire Company, Inc. for Fire Protection and Ambulance Service in the year 2010.

     Councilperson Reilly seconded the motion.

     Councilperson Reilly asked if Attorney Mackey had an opportunity to review it. Attorney Mackey
     asked if the attachment was the law he drafted. Supervisor Dolin said it wasn’t. Attorney Mackey
     took a moment to review it. Supervisor Dolin explained that we are trying to keep the old
     agreement in place with some changes. Attorney Mackey said that the memorandum of
     understanding doesn’t have anything to do with this new draft, it has to do with the 2009.
     Attorney Mackey said the only thing he would add to the memorandum of understanding is the
     updated contract amounts.
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       RESOLUTION 10-35 AMENDED
       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
       2009 agreement at the 2010 rates.

       Councilperson Reilly seconded the motion.

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

6.     Legal Development
Attorney Mackey advised that the Town has been sued in an article 78 proceeding and we need to
appoint counsel to represent the town. This has to do with the Planning and Zoning Boards actions
regarding the Kensington Woods project. Specifically it refers to the Zoning Board’s approval of a height
variance for the tank and some general allegations that the SEQRA process. Councilperson Reilly
asked about the time frame for a response. Attorney Mackey said the return date is towards the end of
January but we need somebody up to speed soon. Attorney Mackey spoke to Mr. Barber in the event
that the Board appoints him. He has the petition and has started to review it. Councilperson Reilly
suggested an executive session to talk with the new Planning & Zoning Attorney about this. Supervisor
Dolin suggested having a formal retainer arrangement by January 13. Supervisor Dolin asked for
Attorney Baker’s comment. Attorney Baker thought an executive session would be appropriate.
Councilperson Reilly suggested an executive session be scheduled for Monday night. Supervisor Dolin
asked if there is a consensus that the town would use Mr. Barber. Councilperson LaGrange said that
Attorney Barber is some what involved since he was the counsel for the SEQR process. Councilperson
Reilly said Attorney Barber is familiar with the facts so it makes sense to involve him in some capacity
but Mr. Baker has an expertise so he’d like his input as well. Supervisor Dolin said if we meet on
Monday we could invite Mr. Barber. The Board agreed to hold a special meeting on Monday January 4th
at 6:30 p.m.

RESOLUTION 10-36
Supervisor Dolin offered the following resolution and moved its adoption:

       RESOLVED, that the Town Board of the Town of New Scotland does hereby approve an
emergency meeting of the Board on Monday, January 4, 2010 at 6:30 p.m. at town hall for the
purpose of reviewing the newly initiated law suite and preparing a defense and retaining an
attorney to defend the town.

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

7.     Invitation to the Public
Councilperson Mackay suggested opening the meeting up to the public for comments. Supervisor
Dolin agreed.

Saul Abrams
Mr. Abrams doesn’t know Mr. Barber personally and he has no comment on his professional abilities but
agreed with Councilperson LaGrange that he has been actively involved in the decision making that has
lead to the lawsuit. Mr. Abrams felt in order to get a fair and full evaluation of the merits of the lawsuit
the town needs an independent mind. Mr. Abrams said it seems to him that Mr. Barber is the source of
legal decisions that lead to the problem. Mr. Abrams felt it would be better to have an independent
evaluation.

Edith Abrams
Mrs. Abrams asked if someone could be assigned to turn on the microphones before every meeting and
asked that they be moved closer to the speakers. Supervisor Dolin said we will make that change.

8.    Adjourn
Supervisor Dolin made a motion to adjourn and seconded by Councilperson LaGrange. The meeting
adjourned at 1:45 p. m.
_______________________
Diane Deschenes, Town Clerk



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