TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
The following Town Officials were in attendance:
Supervisor: Douglas LaGrange Councilperson: William Hennessy Adam Greenberg Patricia Snyder Laura Ten Eyck Highway Superintendent: Kenneth Guyer Town Clerk: Diane Deschenes Town Attorney: Michael Naughton
1. Call to Order Supervisor LaGrange called the meeting to order at 7:00 PM.
2. Pledge of Allegiance
3. Invitation to the General Public to Comment on Agenda Items: Please use the microphone available and state your name for the record
4. Approval of the Minutes of the Following: • April 12, 2017 Regular Town Board Meeting – Ms. Ten Eyck absent
RESOLUTION 2017-117 Supervisor LaGrange 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 April 12, 2017, Regular Town Board Meeting.
Councilperson Greenberg seconded the motion. All present and voting, the motion carried (4 Ayes- 1 Abstained). Councilperson Ten Eyck abstained since she was absent.
• April 21, 2017 Special Town Board Meeting – Ms. Ten Eyck and Mr. Greenberg Absent
RESOLUTION 2017-118 Supervisor LaGrange 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 April 21, 2017, Special Town Board meeting.
Councilperson Hennessy seconded the motion. All present and voting, the motion carried (3 Ayes-2 Abstained). Councilperson Ten Eyck and Councilperson Greenberg abstained since they were absent.
5. Discussion/Action re: New Salem Water District Extension 1 SEQR Resolution Supervisor LaGrange advised that we had a public hearing at 6:45 PM this evening and there were no comments. Attorney Naughton said that if the Board is prepared to act after having the public hearing and there was no opposition, the first thing they would want to do is review the EAF. If they find that there are no adverse environmental impacts associated with that action, the Board would issue a negative declaration of significance. Supervisor LaGrange advised that the Board has the Short EAF in front of them. Councilperson Greenberg reviewed the entire form with the Board. Councilperson Greenberg advised that the response to question #15 is yes, but he did know what species of animal or associate habitats are there. Supervisor LaGrange didn’t know either.
RESOLUTION NO. 119 OF 2017 Town of New Scotland, New York
RESOLUTION RE: SEQRA FOR EXTENSION OF NEW SALEM WATER DISTRICT
Page 1 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
WHEREAS, the Town Board of the Town of New Scotland has received a Petition requesting an extension of the New Salem Water District to service two parcels of land;
WHEREAS, the Town Board of the Town of New Scotland has reviewed an Environmental Assessment Form (EAF) pursuant to the mandates of the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617); and
WHEREAS, the Town Board has duly considered the contents of the EAF;
WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them; and
NOW, THEREFORE, BE IT RESOLVED, that the Town of New Scotland Town Board hereby declares that the extension of the New Salem Water District as requested in the Petition will not have any significant adverse environmental impacts, and hereby issues a negative declaration of significance.
A motion by Member LaGrange, seconded by Member Greenberg, to adopt Resolution No. 119 of 2017.
Councilperson Ten Eyck said she was wondering how we could go forward and say there is no negative impact when we don’t know what this species of animal is that’s threatened or endangered. Supervisor LaGrange said that it’s only identifying that there is something there. He doesn’t know what it is. He’s sure that when Stantec did this they identified a species in the area. The point here is that the actual action is not going to harm them. Councilperson Ten Eyck said that she didn’t understand. We are not being told what the species is. Councilperson Greenberg said that all we are doing is extending the district. The extension doesn’t really change anything. Attorney Naughton said that it’s not changing the habitat. Councilperson Ten Eyck said that she just thinks it’s a little odd that we don’t even know what it is. Attorney Naughton agreed that it would be good if we had that.
Cynthia Elliott advised that it’s the Henslow’s Sparrow, and the last time it was seen was in 2009 in Bethlehem. This comes up on every EAF, and the key is the habitat not just that it’s an endangered species; it’s just that you could have a habitat and the sparrow could have been there. Mrs. Elliott added that it just came up on her EAF, and that’s why she knows. She had to prove that the sparrow is not endangered by any action.
Councilperson Ten Eyck said that she understands, but in the future when this crops up as an item where we say yes we all need all the information about what we are talking about rather than relying on people from the audience. Supervisor LaGrange said that usually they note it here. Councilperson Ten Eyck said that this is a small issue but doesn’t think it’s a good practice.
In favor: 5 Aye Opposed: 0 Nay Motion Approved: 5 Ayes
Resolution Establishing Ext. 1 to the New Salem Water District
RESOLUTION 2017-120
WHEREAS, a Petition has been duly presented to the Town Board of the Town of New Scotland requesting a certain extension to the New Salem Water District; and
WHEREAS, a map, plan, and report relating to the establishment of New Salem Water District Extension #1, prepared by Stantec Consulting, Inc., a duly licensed civil engineer of the State of New York, in a manner and in such detail as has been determined by this Town Board to be adequate, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12 of the Town Law; and
WHEREAS, an order was duly adopted by the Town Board on April 26, 2017, reciting the filing of said map, plan, and report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the map, plan, and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying May 10, 2017, at 6:45 p.m. on said day as the time and date, at the New Scotland Town Hall as the place where this Town Board will meet and consider
Page 2 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 said map, plan and report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and
WHEREAS, such notice of the hearing and order was duly published and posted as required by law; and
WHEREAS, a hearing on said matter was duly held by said Town Board on May 10, 2017, at 6:45 p.m. on said day, in the New Scotland Town Hall and the petitioners appearing in favor of the petition, and the Town Board having heard comment from all interested persons; and
WHEREAS, all construction and other costs for creation of the extension, estimated at $40,000.00, will be paid by the landowners, Richard Salisbury, Bryanna Salisbury, Jonathan L. Wood, and Kathy Anne Wood, with no cost to the Town of New Scotland, it is hereby
RESOLVED AND DETERMINED:
a. That the petition is signed and acknowledged or proved as required by law and is otherwise sufficient;
b. That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
c. That all property and property owners within the proposed extension are benefitted thereby;
d. That all property and property owners benefitted are included within the limits of the proposed extension;
e. That it is in the public interest to establish said extension; and be it further
RESOLVED AND DETERMINED:
That the establishment of the proposed extension as set forth in said map and report be approved and such extension shall be known and designated as New Salem Water District Extension #1 and shall be bounded and described as set forth in Schedule A attached hereto and made a part hereof; and be it further
RESOLVED AND DETERMINED:
That the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Resolution in the Office of the Clerk of the County of Albany, which is the County in which the said Town of New Scotland is located, within ten days after the adoption of this Resolution, pursuant to the provision of section 195 of the Town Law.
A motion by Member LaGrange seconded by Member Snyder, to adopt Resolution No. 120 of 2017.
A roll call vote was taken on Resolution No. 2017-120 as follows:
Supervisor LaGrange Aye Member Hennessy Aye Member Greenberg Aye Member Snyder Aye Member TenEyck Aye
Amend Bank Resolution 2017-013 Supervisor LaGrange advises at the Organizational Meeting every year we approve the banks that the Town of New Scotland will be using in various ways. Supervisor LaGrange would like to amend that resolution to add Ballston Spa National Bank. They are moving into town, and we would like to consider using them. They are taking over the old First Niagara building in Voorheesville.
RESOLUTION 2017-121 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, pursuant to Sections 29, 35, and 64 of the Town Law, that Key Bank, N.A., be and hereby is designated as the depository for funds of the Town of New Scotland and Citizens Bank, Pioneer Bank, Berkshire Bank, Ballston Spa National Bank, and M&T Bank are alternates, Page 3 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 and that all Town Officials be and are hereby required to deposit money coming into their hands by virtue of their offices into the depositories named.
Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5 Ayes).
6. Discussion re: A Local Law amending Chapter 190 of the Code of the Town of New Scotland to establish special regulations regarding solar collector systems Councilperson Greenberg advised that we’ve been going over the solar law for months now. We’ve had a couple of public workshops, and we’ve had comments from the Planning and Zoning Board members. We are ready to schedule a public hearing for next month on June 14th. Councilperson Greenberg thought we should leave a significant amount of time for the hearing since he expected a fair number of comments. Supervisor LaGrange added that we are also going to have to do a public hearing for the solar exemptions opt-out; we might want to do that at 6 PM and then go right into the public hearing for the law itself.
RESOLUTION 2017-122 Councilperson Greenberg offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby set a public hearing for June 14, 2017, at 6:15 PM to discuss Proposed Local Law A of 2017 to establish special regulations regarding solar collection systems.
Councilperson Snyder seconded the motion.
Frank McCaffrey asked if the Town is looking to opt out. Supervisor LaGrange said that they were going to get to that next.
Supervisor LaGrange noted that we also need to send this to the Planning Board and the County.
All present and voting, the motion carried (5 Ayes).
7. Discussion/Action re: Solar Exemption opt-out Supervisor LaGrange said that this is a provision that allows municipalities to allow for exemption from the tax-free status that the state has provided for. Supervisor LaGrange spoke with our Assessor, and many municipalities do opt out. It won’t affect the small residential solar as far as the Assessor is concerned. She doesn’t put much of a value on those, especially if they are on roofs and the ground mounts don’t really affect anything. This is primarily focused on the larger scale operations. This isn’t the public hearing, but he would suggest that we introduce this and set up a public hearing for June 14th at 6 PM.
RESOLUTION 2017-123 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby set a public hearing for June 14, 2017, at 6:00 PM to discuss Proposed Local Law B of 2017, a law to opt-out of Section 487 of the New York State Property Tax Law.
Councilperson Greenberg seconded the motion.
Supervisor LaGrange said that this would have to go to the Planning and Zoning Boards too along with the County Planning Board.
Councilperson Ten Eyck noted that under Article 3 of the proposed law it talks about solar, or wind energy systems, or farm waste energy systems. Attorney Naughton advised that under RPTL §487 it covers all of those things. I suppose you could pick and choose amongst them if you wanted, but most municipalities cover all three of those items.
Richard Cicero said that it was mentioned that this law wouldn’t necessarily cover residential solar just based on a discussion with the Assessor. Is it in the law that it wouldn’t cover residential, or is this just something the Board is saying may go in practice that way?
Supervisor LaGrange said that in practice the Assessor suggested that, generally speaking, no assessors really assess; unless there is some dramatic size, but generally just for an individual’s
Page 4 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 needs (the ground mount or the roof mounted solar collection arrays) she doesn’t change the assessment. Some might argue that it might lower your assessment. It’s a subjective thing. Generally speaking they find that they don’t do anything to increase your assessment. Councilperson Greenberg said that it’s not in the law. He spoke with her, as well. She does not change an assessment based on whether someone has solar or not. So, in practice, it has not been done in this town.
Richard Cicero suggested that it be put in the law or could it be segregated that those types of systems wouldn’t be part of the opt-out.
Attorney Naughton said that you can’t do that.
Richard Cicero said that his last comment would be that we have this other proposed solar law that’s talking about the intent to promote energy efficiency and conservation, etc., and then we have this opt-out which seems to be doing to the opposite.
Supervisor LaGrange said that right now we have no provision for solar, large scale. We can’t do it in the town. Our attempt here is to encourage the opportunities without being detrimental to the Town. He’s seen solar fields of 200 acres. To take even the base revenue away from the Town because of that doesn’t hurt the solar companies. He’s had personal experience. Councilperson Greenberg said that, speaking for himself, he’d like to see a solution where residential uses and small-scale uses that are used on site are not taxed but commercial establishments are. That’s where he thinks we are trying to head. There are two different ways of doing that. One is to opt out, and if you don’t assess small-scale solar that does the trick. The other is to not opt out and do a pilot which is a possibility that I think we are also open to. This defines how much a commercial solar array will pay the Town to do that. Those seem like the two choices at this point. Supervisor LaGrange said that, again, this isn’t the public hearing; that’s next month.
Anne Carson said that, as long as you are on the subject, she noticed that solar signs are starting to appear. They were up last year, and she thought they were told that they couldn’t do that. She wondered if we were going to handle that or if anyone has complained. Councilperson Snyder said that she’s observed that, as well. Supervisor LaGrange said that it’s something to check on. Mrs. Carson said that we could have every business in town put signs up. Councilperson Snyder said that she understands Mrs. Carson’s comment. Supervisor LaGrange said that we will check on it.
All present and voting, the motion carried (5 Ayes).
Councilperson Ten Eyck said that she wants to look into the inclusion of the farmland. She didn’t think it should be lumped with commercial solar. Supervisor LaGrange said that we can amend this as we wish. Attorney Naughton said that he thinks we could. We can pick and choose from the menu. Attorney Naughton offered to double check on that.
8. Discussion/Action re: lease agreement for the former Voorheesville Area Ambulance building in the Village of Voorheesville Supervisor LaGrange said that this is a lease agreement for the former Voorheesville Ambulance building between the Village, the Town, and the Albany County Sheriff. This is pending the transfer of ownership to the Town of New Scotland and Village of Voorheesville. We want to get this in place so it’s ready. Attorney Naughton said that there is a merger in the works with the Delmar Ambulance basically taking over VAAS. In connection with that, the proposal is that the building that VAAS is using in the Village will be deeded over to the Town and the Village, and that has not happened yet but we anticipate it will. In anticipation of that, the Sheriff has asked that we finalize the lease so we’ll know what that looks like. The lease agreement is a five-year lease with options to renew. By law, that is the maximum the Sheriff can have a lease for. The consideration is $1 a year, so this isn’t something that the Village and the Town are looking to make money on. It’s just to make sure that there is a facility for the Sheriff to use for this service. It provides the detail for who is going to be taking care of building maintenance, snow plowing, HVAAC systems, roofs, etc. There have been negotiations over the course of 3 or 4 months now. This is the agreement that we’ve come up with subject to the approval of the Town Board and the Village Board. Attorney Naughton said that he understands that the Village plans to act on this tonight, as well. We will put this in place, but it won’t be signed and delivered until we actually have ownership of the property. This is something that the Sheriff has asked us to put in place to keep this moving.
RESOLUTION 2017-124 Supervisor LaGrange offered the following resolution and moved its adoption:
Page 5 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
RESOLVED, that the Town Board of the Town of New Scotland does hereby enter into this lease agreement with the Town of New Scotland, the Village of Voorheesville, and the Albany County Sheriff for the Voorheesville Area Ambulance building which is conditioned upon our having title to the property; and the Supervisor is authorized to sign it.
Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5 Ayes).
10. Discussion/Action re: Heldervale Sewer Intermunicipal Agreement Supervisor LaGrange said that this is an agreement that we voted on a few months back and approved. There was a change made by Bethlehem so this would be kind of a ratification of that change. Attorney Naughton added it would be ratification and approval of the change made by Bethlehem.
RESOLUTION 2017-125 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby ratify the Intermunicipal Agreement between the Town of New Scotland and the Town of Bethlehem for the Heldervale Sewer District and authorizes the Supervisor to sign it.
Councilperson Snyder seconded the motion.
Councilperson Hennessy said that he is ultimately supportive of this; initially he was not. The Bethlehem/New Scotland negotiations have taken a long time, and in the end Bethlehem did not agree with a final provision that we had wanted, but considering the difficulties and the efforts that we’ve had with coming up with a way to mitigate any potential problems here he is reluctantly supportive of it now. Councilperson Ten Eyck said that she has not been on the Board for that long. She was on the Planning Board a little before that. It is just her observation that the Town of New Scotland entering into agreements with the Town of Bethlehem in order to access water to facilitate development has been fraught with problems. She will support this; however, she would recommend that the Town no longer continue to put itself in this position of promising water to developers to put in developments and then struggle to negotiate the terms with the Town of Bethlehem because we don’t have any leverage. It’s not a good thing to do. It doesn’t make any sense. She has seen this time and time again in the 2-3 years that she’s been involved in this process. She just wants people to know that her support for this particular document does not in any way indicate her support for us to continue to enter into these problematical relationships with the Town of Bethlehem in order to enable builders to build more homes in the town. Supervisor LaGrange said that before this particular arrangement and the upcoming item on the agenda, things were done a little bit differently as far as the way we approach thing with sourcing water. We have a specific process for a developer or even a resident to go through the Water Committee and so on, to petition the Board, and then we ask Bethlehem. Nothing is promised anymore to people until we go through the process and know that we have it without any hassles. We are working in that direction. Councilperson Ten Eyck said that she doesn’t think there is such a thing as getting it without any hassles. She just thinks that the whole arrangement that we have is really problematical, and it’s not doing anyone any good other than the people who certainly want to develop. Councilperson Greenberg said that he would second what Councilperson Ten Eyck and Councilperson Hennessy have said. He feels like we have let the horse out of the barn, and we’ve been put in a position where, because of certain commitments to the developer, we need to follow through on those. He wasn’t on the Board when those commitments were made so he can’t really talk about why or how they were done, but to go to Councilperson Ten Eyck’s point he thinks it should be worked out with Bethlehem before it’s worked out with the developer in the future. He would also offer a condition. Right now the agreement with the developer differs from the agreement with Bethlehem in terms of timing on signing things and when certain payments are made. Attorney Naughton agreed. Councilperson Greenberg asked if there is a way to get those two things to match up. Attorney Naughton said that there is a proposed addendum, which is addendum #2 on the agenda, that will address that. Councilperson Greenberg said that his vote for this is conditioned on that. Along those lines, Councilperson Hennessy asked Attorney Naughton if he agreed that we should table the amendments until we agree to this, or should it be the other way around? Should Mr. Boswell agree first before we do the IMA? Attorney Naughton said that the addendum will be conditioned on having the water and sewer agreement in place. This is amending the sewer agreement. Attorney Naughton recommended that we are really ratifying and have agreement on the IMA first and then take up the addendum. Councilperson Greenberg added that somewhere in the process we need to condition it on Mr. Boswell agreeing to it, whether it’s on this or the next motion. Attorney Naughton replied that that was correct. Councilperson Hennessy asked why we wouldn’t just get the amendments done first or condition the amendments. Attorney
Page 6 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
Naughton said that you would need to have the developer sign and deliver addendum #2, which is the only one we care about on this particular issue. We can’t really approve addendum #2 until we have an agreement in place on the IMA.
All present and voting, the motion carried (5 Ayes).
9. Creekside Development: • Discussion/Action re: Amendment 1 to Development Agreement of October 21, 2015 Attorney Naughton said that this is an addendum to the earlier agreement. It relates to road improvements because Miller Road is a road by user. There are certain things that need to be done with respect to that existing right-of-way there. This just places the obligation on the developer to do this. The developer has agreed to this and has signed the document. We have the dates to fill in, but we have that all agreed to with the developer. It just makes it clear that it’s his responsibility to take care of the right-of-way and indemnify the Town in the event that there are any issues with respect to road improvement if the neighbor or property owners object to anything being done.
RESOLUTION 2017-126 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby adopt Addendum 1 to the Development Agreement dated October 21, 2015, for the Creekside subdivision development and authorize the Supervisor to sign it.
Councilperson Snyder seconded the motion.
Councilperson Ten Eyck said that she was on the Planning Board when the issue of this road came up. The neighbors were really concerned. She just wanted to say that she is assuming that what we are outlining here addresses their concerns, that they have leeway to interpret what the developer is doing, and that it is enough and it’s proper. She doesn’t know exactly what he’s committing to doing to improve the road. Attorney Naughton said that all of the improvements to the road are set forth as conditions to the Planning Board approval. This just goes to the issue of legal ownership of the road bed because it’s not a road that the town owns, so when he makes improvements, if he goes beyond the three rods, which is a road by user, if he needs more than that he’s going to have to acquire land or get easements from adjoining property owners before he does that work. If he doesn’t do what he is supposed to do and he makes improvements and there is a lawsuit, then he’s going to defend and indemnify us for any losses. It just goes to the legal title of the ownership for whatever he’s improving out there to be able to do what he needs to do for the approval of plans that the Planning Board approved.
All present and voting, the motion carried (5 Ayes).
• Discussion/Action re: Amendment 2 to Development Agreement of October 21, 2015 Attorney Naughton said, as we discussed, the development agreement with the developer was negotiated before we had a final agreement with the Town of Bethlehem. The development agreement was conditional on approval of an IMA for sewer and water with Bethlehem. Now we have determined that Bethlehem wants their fees at the time building permits are issued. This addendum is intended to address the fact that the original development agreement indicated that the $12,000 hook-up fee that Bethlehem charges will be paid at the time the building permits are issued and not at the time of Certificate of Occupancy. We are harmonizing the agreements with the developer in relation to the obligations of the Town of New Scotland to the Town of Bethlehem. It says that the fee is payable to Bethlehem with respect to each lot, and it will paid at the time the building permits are issued. They won’t get a building permit unless they pay the fee that Bethlehem wants.
RESOLUTION 2017-127 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby accept Addendum #2 to the Development Agreement, dated October 21, 2015, and authorizes the Supervisor to sign it.
Councilperson Snyder seconded the motion.
Page 7 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
Attorney Naughton said that the earlier questions and comments were how do we know that the developer is going to abide by this. The easy answer to that is that they are not going to get any building permits from the Town until they agree to this. Based on prior discussions on other items in the development agreement, he doesn’t anticipate any issue from the developer or his attorney.
All present and voting, the motion carried (5 Ayes).
11. Department of Public Works • Resolution amending section 5(a) and section 7 of Local Law 2 of 2013, a law creating the Department of Public Works
• Resolution repealing resolution 102 of 2017 granting certain powers to Commissioner of Public Works Supervisor LaGrange said that we still have more to do on this. We passed a resolution at the last meeting that was supposedly what Civil Service wanted, but when we sent it to them they told us they wanted something else. We didn’t have enough time to get this together exactly as wanted and reviewed by Attorney Naughton, so we will postpone this until our next meeting.
12. Abandonment of a portion of the “Old Clarksville Road” • SEQR Resolution re: roadway discontinuance Attorney Naughton advised that we received a petition from Mr. McCaffrey, who is here tonight with surveyor Cindy Elliott, requesting that the Town abandon and discontinue the old Clarksville Road which is a very small area that amounts to approximately 0.15 acres according to the survey. Highway Superintendent Guyer has provided a certification recommending that the road be discontinued and abandoned. This is a process that is available under Section 172 and 205 of the New York Highway Law. Basically when the road hasn’t been used at all for a certain period of time, which is 6 years, by the Town, the town has the option to discontinue and abandon it. This road has not been used for 50 years, and Mr. Guyer has recommended that we go ahead and discontinue and abandon it. We haven’t done any improvement or plowing for many years. We’ve asked for releases from the two adjoining property owners on the other sides of the property. We have those, and Mr. McCaffrey is going to give a release also with respect to any claims that he might have. Once we have the petition and we have the certification from the Superintendent of Highways, the next thing that happens under the Highway Law is, if the town wants to proceed with this, we have a resolution approving the discontinuance and abandonment approved by a majority of the Board. Then the Superintendent of Highways would issue an order that it be discontinued and abandoned. Supervisor LaGrange asked if there is any SEQR action with this. Attorney Naughton said that this may be exempt, but he provided an EAF for this. Mrs. Robinson, who is the attorney for Mr. McCaffrey, has indicated that it’s a type II action. Supervisor LaGrange reviewed the EAF. The response to question #9 was no. Attorney Naughton said that it should be yes because there is no energy impact at all.
RESOLUTION NO. 128 OF 2017 Town of New Scotland, New York
RESOLUTION RE SEQRA FOR PETITION FOR DISCONTINUANCE OF HIGHWAY/ROAD
WHEREAS, the Town Board of the Town of New Scotland has received a copy of a Petition for Discontinuance of a Road/Highway named “Old Clarksville Road;”
WHEREAS, the Town Board of the Town of New Scotland has reviewed a Short Form Environmental Assessment Form (EAF) pursuant to the mandates of the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617); and
WHEREAS, the Town Board has duly considered the contends of the EAF;
WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them; and
NOW, THEREFORE, BE IT RESOLVED, that the Town of New Scotland Town Board hereby declares that the abandonment of a portion of “Old Clarksville Road” described in the Petition will not have any significant adverse environmental impacts, and hereby issues a negative declaration of significance.
A motion by Member LaGrange seconded by Member Greenberg, to adopt Resolution No. 128 of 2017.
Page 8 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
In favor: ______5 Ayes______Opposed: ______0 Nays______Motion Approved: ______5 Ayes______
Attorney Naughton noted that we’ve seen signed copies of the releases from Frank McCaffrey, Barbara Ashline, and Susan Chase. As soon as we have the originals in hand, we can have the Superintendent of Highways sign the order. We have a survey prepared by Mrs. Elliott that’s been certified as well.
• Resolution authorizing the filing of a Certificate of Abandonment by the Highway Superintendent RESOLUTION NO. 129 OF 2017Town of New Scotland, New York
RESOLUTION REGARDING DISCONTINUANCE AND ABANDONMENT OF A PORTION OF OLD CLARKSVILLE ROAD UNDER SECTION 205 OF THE HIGHWAY LAW OF THE STATE OF NEW YORK
WHEREAS, the Town Board has received a Petition from Frank McCaffrey, certain releases, and a certification of the Highway Superintendent for the Town of New Scotland, County of Albany, State of New York, certifying that approximately 343± feet of a roadway historically known as Old Clarksville Road, which is unpaved and unmaintained by the Town of New Scotland, and extends northerly onto the land of Frank McCaffrey, then through the lands of said McCaffrey and then to areas otherwise unplottable, has not been opened or maintained by the Town as a public road in excess of six years.
WHEREAS, the Town has received a Survey Map prepared by Cynthia Elliott, L.S., and certified to the Town of New Scotland, and a description of the road to be abandoned as being that piece or parcel of property located in the Town of New Scotland, County of Albany, State of New York bounded and described as the entrance of said “Old Clarksville Road” described as follows:
BEGINNING at a point, said point being on the north side of the aforementioned Route #32 aka Indian Fields Road, being the southeast corner of the parcel or strip herein described, being also at the southwest corner of the lands now or formerly of Ashline, thence northwesterly along the west boundary of Ashline for two courses: (1) N 23º 15’ 38” W 276.77’ to a point, thence (2) N 12º 20’ 38” W 65.37’ to a point, said point being on the south boundary of the lands of Frank McCaffrey, thence westerly along said lands: (3) N 85º 57’ 23” W 20.85’ to a point, said point being the northeast corner of the lands of Chase, thence southeasterly along said lands: (4) S 12º 20’ 38” E 73.17’ to a point, thence (5) S 23º 15’ 38” E 270.82’ to a point, said point being on the north side of the aforementioned Route #32, thence easterly along the same: (6) N 88º 10’ 26” E 21.49’ to the Point of Beginning, containing 0.158± Acres, more or less. (hereafter, the “Road”)
NOW, THEREFORE, it is hereby resolved that the Town Board of the Town of New Scotland does hereby consent to the determination of the Superintendent of Highways that the portion of the Road, consisting of the above-described parcel, all of which is unpaved and unmaintained, be discontinued and abandoned pursuant to section 205 of the Highway Law of the State of New York.
A motion by Member LaGrange, seconded by Member Snyder, to adopt Resolution No. 129 of 2017.
In favor: 5 Ayes Opposed: 0 Nays Motion Approved: 5 Ayes
• Certification of Highway Superintendent directing discontinuance of roadway ORDER OF SUPERINTENDENT OF HIGHWAY DIRECTING DISCONTINUANCE OF ROAD/HIGHWAY ______In the Matter of The Petition of Frank McCaffrey for the Discontinuance and Abandonment of a Portion of
Page 9 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
“Old Clarksville Road” in the Town of New Scotland, Albany County, New York Pursuant to Sections 172 and 205 of the New York Highway Law. ______
A petition having been presented to me under the provisions of sections 172 and 205 of the Highway Law, duly executed by Frank McCaffrey, the owner of land accessed by “Old Clarksville Road” in the Town of New Scotland, Albany County, New York.
1. Mr. McCaffrey requested discontinuance and abandonment of a portion of Old Clarksville Road described as follows:
BEGINNING at a point, said point being on the north side of the aforementioned Route #32 aka Indian Fields Road, being the southeast corner of the parcel or strip herein described, being also at the southwest corner of the lands now or formerly of Ashline, thence northwesterly along the west boundary of Ashline for two courses: (7) N 23º 15’ 38” W 276.77’ to a point, thence (8) N 12º 20’ 38” W 65.37’ to a point, said point being on the south boundary of the lands of Frank McCaffrey, thence westerly along said lands: (9) N 85º 57’ 23” W 20.85’ to a point, said point being the northeast corner of the lands of Chase, thence southeasterly along said lands: (10) S 12º 20’ 38” E 73.17’ to a point, thence (11) S 23º 15’ 38” E 270.82’ to a point, said point being on the north side of the aforementioned Route #32, thence easterly along the same: (12) N 88º 10’ 26” E 21.49’ to the Point of Beginning, containing 0.158± Acres, more or less.
(the “Road”), and it having been determined to my satisfaction, after an investigation made by me, that said portion of said Road above described has not been used or maintained as a public road in over six (6) years; is not within the limits of an incorporated village, which is the terminus thereof; is unnecessary for highway purposes; and that said Road is practically useless as a public road.
2. I have received a duly executed release of damages from Petitioner, Frank McCaffrey and the owners of land abutting the Road.
3. I have caused this matter to be considered by the Town of New Scotland Town Board and have received a majority of the Town Board’s consent to discontinue/abandon the Road.
4. I have caused a Short Environmental Assessment Form to be prepared and have determined that the abandonment of the Road will not cause an adverse impact to the environment.
NOW, THEREFORE, in accordance with the power and discretion given me by sections 172 and 205 of the Highway Law of the State of New York, I hereby direct that the above-described portion of said Road known as “Old Clarksville Road” in the Town of New Scotland, Albany County, New York be discontinued and abandoned for public purposes.
I further direct that this order be duly entered in the Office of the Clerk of the Town of New Scotland, Albany County, New York.
Dated: May 5, 2017 Ken Guyer, Highway Superintendent Town of New Scotland, Albany County, New York
13. Hilton Road Vertical Realignment Project • Resolution authorizing expenditures for realignment project and approving a contract with Sprint for relocation of fiber optic cable Supervisor LaGrange advised that we have the Hilton Road vertical realignment project which is commonly known as the Hilton hump. This is where the Albany County Rail Trail intersects Hilton Road. Attorney Naughton thought that we should start with a discussion of the Sprint estimated costs because that’s kind of part of this resolution. The idea is to eliminate what we sometimes call the Hilton hump which is part of the roadway that requires mediation of the County Rail Trail so that there is a gradual incline to the road if we were to lower the road by about 6 feet to eliminate that
Page 10 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 hump. There is a buried fiber optic line in the Rail Trail that is owned by Sprint. For us to be able to have the contractors lower the roadway and lower the grade of the Rail Trail, we would have to reimburse Sprint for the cost associated with the temporary moving of cable by their contractors. They won’t let just anyone touch that cable. They have a special contractor that they use. We received an estimate from Sprint, and they’ve indicated a total estimated cost without prevailing wage is $36,861.46. They don’t know exactly how much time will be involved. They’ve indicated that they think it will be less than that. Attorney Naughton has a provision in the proposed contract that if it were somehow to be determined to be a prevailing wage job, Sprint would be responsible for payment of prevailing wages. He doesn’t believe it would be. That’s ultimately a determination made by the Department of Labor, but because we’re not really contracting we don’t care if this is moved or not. It’s Sprint that wants it out of the way, and we want to make sure we don’t run into any liability issues. We have agreed to move this project along. If we’re going to move forward with this, we would reimburse Sprint for those costs. We will pay Sprint, and Sprint will be actually contracting with their contractor and pay them for this work. Part of this proposed process would be that we will need to approve it so that Sprint can be lined up on time to do this. We’ve talked about this before. We need to get this work done by July to be able to use the free labor from Mr. Masullo’s company which is the developer for Kensington Woods with whom we have a separate agreement. It seems like everything is falling into place.
We also have tonight, in the agenda packet, a determination from the State Parks, Recreation, and Historical Preservation a letter dated May 10, 2017, indicating that they find that there is no impact on archeological and/or historic resources listed in NYS and National Registers of Historical Places. We have a green light to go ahead with that aspect of it. There has been some environmental review done with respect to soils on the Rail Trail and in the hump area of the road. From the boring on the road itself, the indications were that there is no contamination in any of the soils. Additional borings have been done, and we don’t have the formal results, but they weren’t seeing anything in the field that was indicating a different result. If they were to find something in the soils, it would just mean that we would maybe have to do something different to address that, but it wouldn’t really affect the ability to do the project. We’ve got trucking lined up if there were contaminated soils, if we have to move that. That would be something that the Kensington Woods developer, Garrison, would take care of for us with the trucking. We’re at a point where we can move forward with this. It is a road project, and road projects are normally a type II action under SEQR which would be exempt. There are other elements to it so, again, just to cover our bases Stantec has provided an EAF on this. If we want to set the table for this, we probably want to walk through that EAF and make a SEQR determination. Then if we want to go ahead with the resolution to move forward with the project, we could do that. Part of that would be entering into the contract with Sprint and paying the $36,861 which is the estimate. We do have some funds from the Kensington Woods Developer for some of these improvements, and that’s about $30,000 which is in-house already, and they are scheduled to pay the Town more as other building permits are issued in the future. Supervisor LaGrange said that back when the project was in front of the Planning Board it was recognized that there would have to be some improvements made to the road, especially in the hump area. Part of the development agreement had a timeframe of payments to the Town according to building permits issued. We actually have enough right now to probably cover most of the Sprint situation. Masullo and Carver, who are the developers involved in the Kensington Woods Development, have agreed up until around July 30th to provide the rough cut. We’re talking about 200 feet one way on the trail from Hilton Rd. Hilton Road will go down 6 feet, and there will be a 5% slope in either direction which amounts to about 150 feet one way and 200 feet the other way to accommodate ADA requirements for a paved surface. Highway Supervisor LaGrange and Superintendent Guyer met with the County the other day. The County is ready to go and pave as soon as we get this situation under control. The County has also offered some manpower and a dozer to finish off the grading after the rough cut by the developer. They will help us with some final grading, and everything should be pretty well set. Supervisor LaGrange added that we were put on notice a while back too that this was an existing condition that could cause issues for traffic. Now it’s been exacerbated by the Rail Trail and people using it. We have the barn there, park land, and the house has been purchased right next to it. There are a lot of factors going in that make it very important that we get this done for safety concerns. Attorney Naughton said that under our license agreement we will also have to be providing our plans for the work. Stantec has provided the Town with a plan for this work and these improvements. Supervisor LaGrange added that that’s been forwarded to the County. The County has already granted us a license to do all of this, but they just have the right of approval of Stantec’s plans for us. We sent them in yesterday. Councilperson Greenberg asked if we have an estimate on when we will get those back given we’re going to start in a few weeks. Highway Superintendent Guyer said that it hinges on the environmental borings. The County asked if we could get them to them earlier if we have them early so they can review them to save time. Supervisor LaGrange said that we just want to get the plans there so they can be happy. Highway Superintendent Guyer added
Page 11 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 that, of course, they are waiting for a report in hand on the borings. Councilperson Hennessy asked and Attorney Naughton agreed that we have to have an approval from the County on the borings. He doesn’t think that’s in the license agreement. Attorney Naughton said that he didn’t believe it’s in there, but he’d want to review it again. Councilperson Hennessy said that he has no problem; they’ve been great. He just doesn’t want a time delay. We’ve had too many time delays on this thing, and he’s trying to stop that. We’ve given them everything, and he would be glad to go over any of that with them. The fact is that we’re certainly not expecting it now because the samples were taken last week, and there is no detection in the field results. They have a field instrument that did not detect any contamination during the field sampling. The analytical results will be back probably May 19th or 20th. He just didn’t want that delay to hold things up. Highway Superintendent Guyer asked what delay he was referring to. Councilperson Greenberg said, “Waiting for the test results.” Councilperson Hennessy said getting the report out of the consultant might not be until the 21st or the 22nd. He doesn’t necessarily know if we have to wait for the entire thing before submitting a report on it. Councilperson Greenberg added that the fact is it wasn’t in the contract that they even needed it. That was his point. Attorney Naughton added that he wanted to do a final review, but he doesn’t believe that that’s in the license agreement with the County. Councilperson Greenberg said that he thinks we can go ahead and try and get this moving now. Highway Superintendent Guyer said that they have it; they got it yesterday. Supervisor LaGrange added that when we met with them we said that as soon as Stantec had it finalized we would get it over to them. There are two things we are waiting on. One was the SHIPPO, which we know we have, and then the final diagram. Stantec sent it to them. We will follow up tomorrow with the New DPW Commissioner to make sure that they did receive it. Councilperson Greenberg added that we should check to see that it’s clear. If they say that they’re waiting on the test results for the soil, it wasn’t needed. Supervisor LaGrange said, “Exactly,” and that was our point of getting it to them as soon as we could. He added that when Highway Superintendent Guyer and he met with them, they were very helpful with everything.
Attorney Naughton said that the next thing to do would be to walk through the EAF. Councilperson Greenberg reviewed the EAF with everyone. When Councilperson Greenberg got to question 15, Councilperson Ten Eyck said that this was the third time we had looked at this and the only person who had any knowledge is a member of the audience. She’s just saying that when that box is checked we should have some kind of explanation. It’s clearly not an issue here, but she thinks it’s ironic that we’ve had three in a row with no real information.
RESOLUTION 2017-130 Supervisor LaGrange offered the following resolution and moved its adoption:
WHEREAS, the Town Board of the Town of New Scotland has developed plans for improvements to the intersection of Hilton Road and the Albany County Rail Trail, which involves the vertical realignment of the road;
WHEREAS, the Town Board of the Town of New Scotland has reviewed an Environmental Assessment Form (EAF) pursuant to the mandates of the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617); and
WHEREAS, the Town Board has duly considered the contents of the EAF;
WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them; and
NOW, THEREFORE, BE IT RESOLVED, that the Town of New Scotland Town Board hereby declares that the vertical realignment to Hilton Road and related improvements will not have any significant adverse environmental impacts, and hereby issues a negative declaration of significance.
A motion by Member LaGrange, seconded by Member Greenberg, to adopt Resolution No. 130 of 2017.
Councilperson Hennessy had a comment regarding the State Historic Preservation Office. He wanted to thank our consultant for the Barn site. Harkin Associates assisted him and discussed the issue with the representative from the State Historic Preservation Office. Fortunately that is a nice money-saving issue that we don’t have to further address or further assess with archeological sampling. He just wanted to point that out. Keep that in mind as we move forward. Councilperson Greenberg said that he just wanted to point out that this is a major safety issue. He lives near that road and drives it all the time. That is a dangerous spot, especially as the Rail Trail developed. To
Page 12 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 him, this is a thing that really needs to be done. A lot of people put a lot of work into getting this to happen in a very short period of time because the County has a million-dollar grant for the paving that needs to be used this year. If we didn’t have this ready to go, it all would have to be torn up and repaved. That would have added a significant amount to the cost. Councilperson Greenberg thanked all the people for their hard work here and some of the community members that helped out with it, as well. Supervisor LaGrange wanted to acknowledge Councilperson Hennessy and the help he gave on the SHIPPO documentation at the last minute. He appreciated that; it was a big help to everybody.
In favor: 5 Ayes Opposed: 0 Nays Motion Approved: 5 Ayes
Supervisor LaGrange said that next we have a resolution for the Hilton Road intersection improvements. Attorney Naughton wanted to point out that part of the resolution is approving this agreement with Sprint for moving the fiber optic cable for a cost not to exceed $36,861.46 within 30 days. I have a draft resolution for approving this Hilton Road realignment work, and in that there is a provision that would be approving this contract, which is exhibit A. We should just amend that to say that it authorizes the Supervisor to sign the agreement.
Supervisor LaGrange added that we did leave a spot as we discussed about additional expenditures of a sum not to exceed a certain amount. Do we want to decide on what that should be? Attorney Naughton said that he knows there will be some potential costs. He thinks part of the plan under consideration would be to have a culvert in the existing ditch in the event that there is a ramp incorporated into this project that comes off the Rail Trail and onto the Hilton site. There may be some incidental costs associated with this. Supervisor LaGrange said that another thing we’d like to do is in the Stantec proposal. We’d like to put the 2-inch pipe in that will allow for a sewer connection to the barn area. That will be about $1,800. Supervisor LaGrange asked Highway Superintendent Guyer about culverts. Councilperson Hennessy said that there is a culvert in the job already on the north side of the Rail Trail. That’s on the Kensington side. We will not need one on the south side. That’s at the top of the drainage area. There is no culvert there now, so we won’t need one. We may in the future have some under-drain area if we choose to use that area for future site use. If we put fill from the excavation there, we just make sure the swale works with existing swale because there is no upstream drainage from there. Supervisor LaGrange asked if we’re going to need a culvert from the house across the street under the new road. Councilperson Hennessy said we would not. Attorney Naughton asked if we would need on if there is a ramp off the Rail Trail onto the Hilton Barn site. Councilperson Hennessy said that we need to make sure the swale is appropriate and it meets up with the existing swale along the Rail Trail. Councilperson Greenberg added that if the amphitheater comes out a little further, it’s possible that we could need a culvert. We could do an up-to limit just to cover our bases. If it’s never used, that’s great. Attorney Naughton suggested putting $5,000 in there. We would at least have $5,000 for covering hard costs. We’ve got free labor, but there may be some materials needed like the sewer line pipe or maybe a culvert that we just haven’t anticipated yet.
RESOLUTION 2017-131 Supervisor LaGrange offered the following resolution and moved its adoption:
WHEREAS, the intersection of Hilton Road and the Albany County Rail Trail presents safety issues due to the vertical alignment, or “hump,” which creates site distance issues associated with the sudden elevation change at the intersection;
WHEREAS, the use of the Rail Trail, now that it is open to the public, has increased, and the Town anticipates that pedestrian and bicycle rider traffic will increase when the County completes the paving of the Rail Trail;
WHEREAS, paving of the New Scotland section of the Rail Trail has been scheduled for the Summer of 2017;
WHEREAS, vehicular traffic on Hilton Road is anticipated to increase with the development of the Kensington Woods residential subdivision near the intersection of Hilton Road and the Rail Trail, and house sales at Kensington Woods are anticipated to commence in the late Spring or Summer of 2017;
WHEREAS, the Town has entered into an agreement with the developer of the Kensington Woods project, Garrison Projects, LLC (the “Developer”), pursuant to which the Developer has
Page 13 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 agreed to donate labor and equipment to assist with the realignment of the intersection at no cost to the Town, provided the work is completed by July, 2017 when the Developer’s heavy equipment is still on site;
WHEREAS, the Town has received certain funds from the developer of the Kensington Woods project, which will offset certain costs associated with planning and designing the proposed improvements;
WHEREAS, the County has granted the Town a license to plan for and perform improvements to the Rail Trail in accordance with certain preliminary design drawings/plans prepared by Stantec Consulting, Inc., the Town’s Designated Engineer;
WHEREAS, Stantec has provided the Town with construction drawings and plans for the project;
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of New Scotland hereby approves the project plans prepared by Stantec. Subject to compliance with the License Agreement with the County, the Town Board hereby authorizes the Town Superintendent of Highways and the Developer to proceed with construction of the improvements shown on the Stantec plan, and to take all measures necessary to protect the public, including temporary closure of Hilton Road and the Albany County Rail Trail while the work is proceeding; and it is further
RESOLVED, that the Town hereby approves the Contract, annexed hereto as Exhibit A, with Sprint in the estimated sum of $36,861.46 for the cost of temporarily relocating the Sprint fiber optical cable, which is buried in the Rail Trail; and authorizes the Supervisor to sign the contract on behalf of the town.
RESOLVED, that the Town hereby authorizes the additional expenditure of a sum not to exceed $5,000 for incidental and necessary costs associated with completion of the improvements in accordance with the plans.
A motion by Member LaGrange, seconded by Member Hennessy, to adopt Resolution No. 131 of 2017.
In favor: 5 Ayes_ Opposed: 0 Nays Motion Approved: 5 Ayes
Councilperson Greenberg said that with Sprint lowering the line do they know about the date we want to start? Without specifically knowing the date, how much notice do they need? Highway Superintendent Guyer said that he spoke to them last week, and we asked if everyone would be ready to go June 1st if everything is in line. Michael from Sprint said “Tell me and we will be there ready to go”. He also spoke to Masullo and Carver, and they said, “Just tell us and we’re there.” Councilperson Greenberg asked if we tell them on May 25th they will start on June 2nd? Highway Superintendent Guyer said that he would want at least a week for sign boards. Albany County has those big programmable sign boards. As long as they’re not assigned somewhere else in the County, he’s welcome to use them, so he’d like to put them up a week in advance on Hilton Road letting the traffic know that the road will be closed. Councilperson Greenberg asked how long it would be closed. Highway Superintendent Guyer said that he’s anticipating about a week to at least open the road back up to traffic. Supervisor LaGrange said that for the Rail Trail we’ll have to see what we run into. We might have to put down some crusher run and then eventually pave over it. Councilperson Ten Eyck asked if there will be a time where the Rail Trail will be closed. Supervisor LaGrange said it will be closed for that. Highway Superintendent Guyer said it will be closed the whole week. Councilperson Ten Eyck asked how we will alert people. Highway Superintendent Guyer said that we will put up a sign, and the County will close it. The County will do the physical hard closing. They are putting up jersey barriers with a sign “Trail Closed.” Supervisor LaGrange added that at the intersections where people tend to get on the trail there will be a sign saying, “Trail closed at Hilton Road.” Attorney Naughton added that they will be closing the trail for the summer for the paving, too. Councilperson Ten Eyck suggested notifying the Mohawk Land Conservancy. Supervisor LaGrange said that we’ll get it out on our website and get that information to the Village of Voorheesville, too. Councilperson Hennessy added that over the past month a lot of that section has been closed anyway because the County has been doing work.
14. Highway Department: • Approval of Expenditure of Highway Monies 2017
Page 14 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
Highway Superintendent Guyer reviewed his 2017 expenditure of Highway Monies with a list of proposed roads to pave. Councilperson Ten Eyck asked about Hilton Road. Highway Superintendent Guyer said that Hilton Road needs attention. He does not want to do a full blown paving job because he hopes to widen the road. That being said, he does have to somehow Band- Aid the road to buy a couple of years. Poles need to be moved, and he needs to deal with landowners about having trees cut, but he still needs to do something with Hilton Road to the tune of $44,000. That would be a complete Band-Aid from one end to the other. It’s a mile long. It would be a single layer of asphalt about 1½ inches thick. That would buy us a couple of years. That would go from Route 85A to Krumkill Road. Councilperson Greenberg asked if we should do this with all the building going on. Highway Superintendent Guyer said that he has to do something. It’s to the point where you just can’t patch it. The traveling lanes are horrendous. Councilperson Ten Eyck asked if we are getting a contribution from the builder. Supervisor LaGrange replied that we are. Highway Superintendent Guyer said that we’ve been waiting on this for the last 10 years. Councilperson Greenberg said that he just hates to see it torn up for six months. Highway Superintendent Guyer said that that’s the reason he’s not doing the full thing. That being said, all of the construction equipment goes from Kensington to Route 85A. There is no construction equipment that leaves the project and goes toward Krumkill Road. So they are traveling a ¼ mile out Hilton Road to the State road. Supervisor LaGrange said that there is only a small portion that won’t be ripped up anyway for the realignment. Highway Superintendent Guyer added that he has to do something with Hilton Road; it’s just falling apart. It’s not a full-blown road rehab which scares you because it says $44,000. Councilperson Ten Eyck said that it frustrates her that there is this big development coming in, and we’re still shelling out big money on the road that they are destroying. Highway Superintendent Guyer said that the worst section is from Coughtry’s to Krumkill. Supervisor LaGrange added that we do have enough money coming in that will cover this, and it will cover the realignment as you know from a couple of meetings ago when we got the new amended developers agreement. It won’t be enough to completely redo the road, but it will be enough to do this amount and get the realignment done. We are getting something from them.
RESOLUTION 2017-132 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby approve Expenditure of Highway Monies for 2017 as submitted by Highway Superintendent Guyer.
Councilperson Snyder seconded the motion.
Highway Superintendent Guyer said that one of these projects is the Rowe Road project that will be contracted out. He received bids on that. It is an oil and stone process for sealing a section of road that we paved about three years ago. We need to seal that up. The rest of it is all hot mix asphalt. About half of this we will be doing with our own forces in house and about half we will be doing with the Town of Bethlehem because the stretches are much longer and their machine is much larger. On the smaller development roads (Glenwood Terrace, Meadowbrook Place, Woodwind Dr., Towne Ln., West St., Whitbeck Lane), we will be doing 100% in house with our paver. The longer roads (Onesquethaw Creek and Indian Ledge) will be done in conjunction with the Town of Bethlehem. Their paver is designed for paving miles and miles.
Councilperson Hennessy asked what the CHIPS contribution was. Highway Superintendent Guyer said that for 2017 it is $184,104, and then we received emergency winter recovery of $35,581, and we received what is called Pave NY for $42,023. The winter recover and the Pave NY were basically a bonus. Stuff we can count on. Councilperson Hennessy asked if Highway Superintendent Guyer thought the town contribution was mostly typical of our normal $200,000. Highway Superintendent Guyer replied that it was. We budgeted $196,000. Councilperson Hennessy asked if last year we did more. Highway Superintendent Guyer said that we did. Last year we did more, but it was due to a large fund balance. What we budgeted was $200,000, and the rest is all CHIPS and federal money.
Cynthia Elliott said that on Onesquethaw Creek Road do we need to do anything to that bridge? Highway Superintendent Guyer said the only part of the bridge that we own is the pavement. Those bridges have wood decks. We pave over the wood deck with asphalt to protect the wood from the snow plow. The asphalt lasts about two years. Every couple of years we scrape off the asphalt and we put asphalt on top. Mrs. Elliott asked if otherwise he likes the bridge. Highway Superintendent Guyer said that the structure is in good shape. We have three bridges that are the same age and the same structure. Rowe Road, Onesquethaw Creek Road, and Plank Road are one-lane bridges, steel structures with wood decks. They are owned by Albany County on a Town road. We own the wear surface on top and that’s it. One of those bridges has an issue with the bridge deck. We are
Page 15 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 working in conjunction with the County to try and fix this bridge in-house as a pilot project to see how it goes. If it’s successful we are going to tackle one a year and get all three of them done.
Mrs. Elliott then asked about West Street from Jones Ave. to the K-turnaround. She thought that when that was first laid out and has now been dedicated to the Town the first base coat was done, and then the developer was going to pay for the top coat. Is that’s what’s occurring or not? Highway Superintendent Guyer said that that is correct. We will stop at what used to be West Street. Mrs. Elliott asked if the Town of New Scotland is paving to that point with the developer doing the turn around. Highway Superintendent Guyer said that that was correct.
All present and voting, the motion carried (5 Ayes).
• Resolution authorizing filing of grant application for Household Hazardous Waste State Assistance Program RESOLUTION 2017-133 Supervisor LaGrange offered the following resolution and moved its adoption:
WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and
WHEREAS, The Town of New Scotland, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid;
NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of New Scotland;
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.
2. That the Highway Superintendent of the Town of New Scotland, or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application, to sign the resulting contract if said application is approved by the STATE; and to provide such additional information as may be required.
3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for share of such costs as indicated in the contract.
4. That two (2) Certified Copies of the Resolution be prepared and sent to the New York State Department of Environmental Conservation together with a complete application.
5. That this resolution shall take effect immediately.
Councilperson Ten Eyck seconded the motion. All present and voting, the motion carried (5 Ayes).
• Approval of summer hire Mark Weber at an hourly rate of $12.50 • Approval of summer re-hire Robert Denman at an hourly rate of $12.50 Highway Superintendent Guyer said that he’d like to hire Mark Weber who lives on Overlook Drive. This would be a new hire. He would also like to rehire Robert Denman who worked for us last summer who lives on Route 85A. Supervisor LaGrange said that this is according to what we budgeted. Councilperson Greenberg asked if these positions existed last summer. Highway Superintendent Guyer responded that they did. We’ve hired two summer kids for the past 7 or 8 years. We used to hire more, but you get more constructive work done with two than four. Supervisor LaGrange advised that the Board needs to approve the wages.
RESOLUTION 2017-134 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby approve the hourly rate of $12.50 for the two summer hires as outlined by the Highway Superintendent.
Page 16 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
Councilperson Snyder seconded the motion.
Councilperson Snyder commented that Mr. Denman is available as soon as possible if we need someone to start sooner rather than later.
All present and voting, the motion carried (5 Ayes).
• Request to go to request quotes for new Highway Garage roof Highway Superintendent Guyer said that he thinks the Board agrees that it’s time to put a roof on the garage. We believe it was last put on around 1984. There are multiple leaks. It’s been patched several times. At the end of winter, we were continuously picking up pieces of roof out of the parking lot. The last piece we put on was 5 feet x 20 feet. It’s an ice-and-water barrier purchased at a local hardware store. It’s not designed for that, but it keeps the rain out. We worked with Stantec, and we came up with what we need. What you have in front of you is all set except the dates are crossed out. As far as the specification, everything else is good in the packet. Councilperson Snyder asked how long we would have the proposal out there and when does he want responses by? Highway Superintendent Guyer said that he thought he would advertise it for 2-3 weeks. Councilperson Hennessy said that it’s two weeks minimum for municipal, but you can go 3 or 4. You might want to have a certain day if anyone is interested in looking at it. Superintendent Guyer said I would like if you’re interested you would show up to look at it. Councilperson Hennessy said that we may get 10 bidders. Do you want them there all in one day at one certain time? Superintendent Guyer said that he would assume that if you’re a roofer, you would bring your own ladder and go up there. You also would have insurance covering yourself. Councilperson Hennessy said that he never thought that there would be an insurance concern with a bidder reviewing the site. Attorney Naughton said that if they’re going up on the roof, they probably should supply a certificate of insurance. Highway Superintendent Guyer said that that’s fine with him. Highway Superintendent Guyer added that as far as him showing the roof, he’s not going to be any help on the roof. Supervisor LaGrange asked if we have to approve this to go out to bid. Attorney Naughton said that we would just agree that we could send this out. Councilperson Greenberg asked if we want it with a couple of amendments and the certificate of insurance. Attorney Naughton added that we should just put that any contractor who wants physical access to the roof will have to provide a certificate of insurance. Councilperson Hennessy asked if we tested that roof for asbestos. Highway Superintendent Guyer said there is no asbestos in the roof. The only asbestos is in the fascia panels that are on the fascia of the roof. Councilperson Hennessy said that we may need a statement in there saying that the contractor is responsible for all potential requirements regarding potential materials. I think that would be the only thing of concern. Councilperson Greenberg asked if we want an end date or a work completed by date? Supervisor LaGrange suggested that it be done by October 1st or November 1st. Highway Superintendent Guyer said that that would be fine. Councilperson Hennessy added that it’s a 30-day job. It will take a week to take it off and a week to put it on. Highway Superintendent Guyer said that he will clean this up and advertise it at the end of next week. If it runs for 2-3 weeks, we’re into almost the middle of June. Attorney Naughton suggested a completion date of September 30th, and then if there is some kind of issue we have at least another 30 days. Councilperson Hennessy said that a lot of contractors do schools in the summer so they may want to wait until after Labor Day. Attorney Naughton said that if we have a completion date we have a little leeway. We don’t want to put a roof on in November. Highway Superintendent Guyer said that he would modify this to use a completion date of September 30th and also require insurance. Councilperson Snyder said that it was mentioned to set aside some times or dates. Highway Superintendent Guyer said that he doesn’t know if that even needs to be in there as long as they present the insurance certificate. He’s not going to be any help to them. Highway Superintendent Guyer said that he would clean it up, put a date on it, and it will go a minimum of two weeks. Highway Superintendent Guyer asked if he needed a resolution to advertise. Supervisor LaGrange said that he did not.
15. Fire and Ambulance: • Resolution authorizing Supervisor to sign the 2017 Advanced Life Support contract with Albany County, not to exceed $253,260.44. Supervisor LaGrange said that this is a modest increase over last year, and it’s the standard ALS contract.
RESOLUTION 2017-135 Supervisor LaGrange 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 between the County of Albany and the Town of New Scotland and authorizes the Supervisor to sign it.
Page 17 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
Councilperson Snyder seconded the motion.
Councilperson Greenberg asked what was budgeted. Supervisor LaGrange said that we budgeted for this amount or a little bit above because they told us approximately what it would be. He didn’t have the figure in front of him.
All present and voting, the motion carried (5 Ayes).
• Onesquethaw Volunteer Fire Co. Membership requests RESOLUTION 2017-136 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby approve the following Onesquethaw Volunteer Fire Co. Membership requests;
Member John Dylan Miles Bagley 134 Rarick Rd, Selkirk, NY Member Jesse Quick 221 Orchard Hill Road, Slingerlands NY Out of District member Patrick Stemple Jr. 212 Brookhave Drive, East Berne, NY
Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5 Ayes).
• Proclamation celebrating Onesquethaw Volunteer Fire Co.’s 75th Anniversary This item was postponed because we are still waiting for some information.
16. Discussion/Action re: promotion of Rebecca Miller to step 2 for Clerk 1 part-time of the pay grade schedule Supervisor LaGrange said that Mrs. Miller filled Linda Martin’s job. She does primarily water billing but a lot of other things. She reconciles accounts. She started at the lowest level, Clerk 1 for $13.76. We are proposing to raise her to level 2. She has been here three months, and she has shown an incredible ability to learn the job. He would even go a little higher, but we’re coming up on water billing and there is a lot to still be learned. Mrs. Martin left at level 5. He’s sure that by the end of the year Mrs. Miller will be very close to doing at least what Mrs. Martin did and maybe more. He’s been really happy with that hire.
RESOLUTION 2017-137 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby approve promoting Rebecca Miller to step 2 of Clerk 1 part-time of the pay-grade schedule and that would be $15.08 per hour.
Councilperson Hennessy seconded the motion. All present and voting, the motion carried (5 Ayes).
Supervisor LaGrange commented that we’ll look at this again maybe in another 3 or 6 months.
17. Discussion/Action re: appointment of Alternate to the Planning Board Councilperson Greenberg said that we’ve had a vacancy in the Planning Board alternate position since earlier this year. With the summer season coming up and vacations, he thinks it’s time we get an alternate member there. He’s proposing Robert Davies for that position. He lives on Krumkill Road and he is the head of the State Parks and Land Department. He runs all of the state forests. He is an attorney, and Councilperson Greenberg thinks he’d do an incredible job. He is familiar with the SEQR process. He is also on the Comprehensive Plan Committee and has already made some great suggestions there. Councilperson Greenberg thinks it’s possible that we’re going to have a vacancy on the Planning Board in the not too distant future, so he thinks it’s important to get this alternate in position.
RESOLUTION 2017-138 Councilperson Greenberg offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby appoint Robert Davies as Alternate to the Planning Board effect June 1, 2017.
Councilperson Ten Eyck seconded the motion.
Page 18 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
Supervisor LaGrange said that Mr. Davies applied in the past. Councilperson Hennessy said he’s met with Mr. Davies, and he came up with some suggestions on the Comprehensive Plan Update Committee that no one had ever thought of before. He will be a fine addition. He was impressed.
All present and voting, the motion carried (5 Ayes).
18. Liaison Reports Justice Court Audit Councilperson Snyder said that we are still moving forward with the audit for Justice Courts.
Hilton Park Councilperson Greenberg advised that we are moving along with the landscape architect for the Hilton Park. We are hoping to have some walking trails in there by the summer. They are working on the design now. Supervisor LaGrange said that we spoke about parking and maybe a provision for a trail along Hilton off the Rail Trail. It’s important to get a design soon for the parking because we have grant money for parking that we applied for a couple of years ago. It’s a good chunk of money. Kensington Woods had a parking area that was designated, but we’re going to move it onto the barn site now. They’ve agreed to do that. It’s better for them. They don’t necessarily want a lot of people outside of the development pulling in and parking there and using the Rail Trail. Councilperson Greenberg said that we spoke about this at the last meeting. We allotted some funding. Supervisor LaGrange said that he just wants to be sure that we talk to them. Either Councilperson or Councilperson Hennessy could mention it to them or Supervisor LaGrange could call them. It’s important because he needs some plans for the parking to submit to the grant so we can get that finished up. Attorney Naughton said that this is Weston and Sampson Engineering. Supervisor LaGrange asked if Councilperson Greenberg or Councilperson Hennessy would talk to them. Councilperson Hennessy said that he would. They were waiting for the completion of the contractual arrangement which happened a couple of days ago. Supervisor LaGrange said that we do have an early Barton & Loguidice design for parking at the barn. He didn’t know if they would want to give that to them just so they have an idea. Councilperson Hennessy said that we first have to design whether we want to do something at the barn or at dead man’s curve. The Kensington thing won’t go for both. Supervisor LaGrange said our grant money will go for it. Councilperson Hennessy asked if we are we going to do this before we get the grant money or after? Supervisor LaGrange said that we’ve applied, but we need to supplement our application with a design. Councilperson Hennessy said that he would talk to them about putting it together. We have the Barton & Loguidice plans for the park, and we also have something else from them that might be available and work.
Comprehensive Plan Update Kick-off Councilperson Hennessy advised that we met with our Comprehensive Plan Committee a week ago to begin the process of updating the Comprehensive Land Use Plan for New Scotland. It was last done in 1995. In approximately 2005, we started another update but that was tabled pending other planning and zoning issues in the town. We kicked that off, and we have six members of the Board that have started reviewing all of the past documents. Barton & Loguidice is spearheading the effort which is partly funded by the TONS and partly funded by the Hudson River Estuary program grant. They hope to have four public information meetings in June or July. One will be at Town Hall, one at New Salem Fire District or Onesquethaw, one at the Feura Bush Fire Hall, and Clarksville will probably be at the church. Town Clerk Deschenes advised that so far we’ve reserved Town Hall and the Community Center, and they were going to contact the Fire Chiefs for the other locations. Councilperson Hennessy said that he would stay in touch with the Town Clerk so we could keep as much information on the website as possible. Councilperson Greenberg advised that the committee elected Christine Galvin as Chairperson.
Town-wide Volunteer Day Highway Superintendent Guyer mentioned that last week’s Town-Wide Volunteer Day was a success. Highway Superintendent Guyer said that he was a little leery with the way they laid it out this year with two weekends and getting people to volunteer. He thought it made the day less hectic. It was easier to concentrate on the jobs you were doing. All of the projects are completed and picked up except 100 Maple Ave. A local contractor, Matt Childs, is finishing up the wheelchair ramp with the help of John Furlong, Matt Furlong, and Rick Martin.
Mountain Bike Trails Highway Superintendent Guyer will be contacting Ann Lanahan of the Town of Bethlehem Parks and Recreation Department. The Town of Bethlehem has a pocket park on Russell Road across from the North Bethlehem Fire House. It has a small playground up front, and they have a wooded undeveloped area in the back that encompasses about 5 acres surrounded by housing
Page 19 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017 developments. From what he understands, the Town of Bethlehem approached the Mohawk Hudson Cycling Club about mountain-bike trails. They approached Mohawk Hudson and the Capital Bicycle Racing Club. Town members met with the Town of Bethlehem and drew out from the plot plan bicycle trails throughout this undeveloped wooded area. Then they constructed these trails with volunteer efforts on weeknights last year. They raked them, cleaned them, and got people to ride them and wear them in. It is unbelievable how many people are there. There are even walkers on the trails, but it’s mainly bicycle riders. The trails are laid out very well. It’s extremely safe. They do have some natural trees that have fallen that they can go over. Any place there is an obstacle there is a go-around. It’s very cool, and it’s a gem for the local mountain bike community. It’s just fantastic. It’s small. If you follow this trail marked with different colors its 4½ miles to make one loop. It twists and turns, and the park is loaded with people all the time. It’s very cool. He is going to contact the Town of Bethlehem to see if he correctly heard that the Town approached the bicycle community. The first thing he thought was that we have 15 acres over here and they have 5. Attorney Naughton said that he understood that a small excavator was used. Highway Superintendent Guyer said that a lot of it was done by hand. Councilperson Greenberg said that it feels like you’re in the Pine Bush. It’s more wooded but sandy. Highway Superintendent Guyer said that he thought it was interesting, and he thought of our acquired 15 acres. He also heard that the Mohawk Hudson Land Conservancy did a demo mountain bike trial on one of their preserves off Gulf Hill Road in the Town of Berne. Highway Superintendent Guyer said that part of the park he believes lies in New Scotland, but the parking is in Berne. They did a trial up there and he believes it was a hit because the Mohawk Hudson Mountain Bike Club has permission to ride there. He believes the Hannacroix on top of Cass Hill might be open as well. He thought it was interesting that the Land Conservancy was opening it up. It used to be that everyone thought that it wrecked the trails, but that might not be the case. Highway Superintendent Guyer will look into it and report back.
School Taxes Town Clerk Deschenes advised that all but two of the six school districts (Ravena-Coeymans- Selkirk and Greenville) in the TONS have their taxes on line now.
19. Departmental Monthly Reports: • Town Clerk, April 2017 • Registrar, April 2017 • Justice Wukitsch, April 2017 • Justice Johnson, April 2017
20. Invitation to the Public to Discuss Non-Agenda Items Cynthia Elliott said that she was asked to attend for Joseph Salvino of Track32. He would like to know when the Board would like to be able to go forward. Should he be advised to bring his sign company to talk on digital message boards? What is the progress? Mrs. Elliott also believes that there was a good deal of case law that was showing that zoning has a difficult time looking at the inner workings of business, and he is looking at being able to show the possible need for the sign for lunch specials and improvements. She told him to look at that versus the sign that he has in Coxsackie. Her real question is how she should advise him. Attorney Naughton said that in terms of Track32, who has an application before the Planning Board and the Zoning Board of Appeals, that’s a zoning issue and that’s up to them not the Town Board. The Town Board is really not looking at any specific business or any sign application. The Town Board is only looking at a possible local law to get into the definition of what a flashing sign is and any other regulation they may decide to do with respect to signs. Whatever the Town Board is considering may affect Track32, but that’s for the Planning and Zoning Boards to handle. Mrs. Elliott said that she understood except that the Zoning Board is looking for a definition from the Town Board, so which comes first the chicken or the egg? Her client does not want to push his application. Attorney Naughton said that in terms of timing, he thinks the Town Board has already had a workshop meeting on the sign law. He’s done a re-draft based on comments from them. The timing issue is really the Town Board. He has a feeling that they are thinking about bringing this up at the June meeting. Supervisor LaGrange said that he was trying to keep the agenda light for the May 24th meeting. We’ve gotten some comments, and we’ve implemented some. He thinks another email came through, but he didn’t know if Attorney Naughton saw that. Attorney Naughton said that the timing is June, and then we’d need to set up a hearing. That would be at least 30 days out. It would be at least July before we could take any action. Mrs. Elliott said that she’s sensing what she’ll be able to tell him. He’s trying to be helpful and also further his cause. She needs a little direction. Supervisor LaGrange said that we would be introducing what we’ve come up with at the June meeting and scheduling a public hearing. Mrs. Elliott asked if the Board wanted to see more information from him. Supervisor LaGrange said that he doesn’t need anything. Mrs. Elliott said that she thought we left the workshop saying that Mr. Salvino would bring someone in. Supervisor
Page 20 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
LaGrange said that that’s a possibility. Councilperson Greenberg added that he submitted some paperwork that the Board has gotten. Mrs. Elliott added that he was also willing to have his sign vendor come in. Supervisor LaGrange asked if anyone on the Board wished to receive any more information. Councilperson Greenberg said that he’s not looking at this as a specific application, but if he were going to present to the ZBA that’s something he might want to know about and attend.
21. Pay the Bills RESOLUTION 2017-139 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby approve paying the following:
Pay the Bills May 10, 2017
Abstract # Vouchers Amount 20170513-20170569 $131,540.80 Prepays Abstract# Vouchers Amount 1494 20170377,2017388,20170389 $4,303.28 1495 20170378 51.94 1496 20170379 80.11 1497 20170380 $26.01 1498 20170381 $409.38 1499 20170382 $59.71 1500 20170383 $644.46 1501 20170384 $188.05 1502 20170385 $147.85 1503 20170386 $47.38 1504 20170387 $282.99 1505 20170390 $23.89 1506 20170391 $128.05 1507 20170392 476.24 1508 20170393 $373.73 1509 20170394 $34.21 1510 20170395 $324 1512 20170501-20170502 $366.01 1513 20170503 $46.93 1514 20170504-20170505 $16,449.38 1515 20170506-20170507 $28,393.04 1516 20170508 $10.45 1517 20170509-20170511 $6,427.89 1518 20170512 $4,750.00 Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5 Ayes).
22. Approve any Budget Modifications RESOLUTION 2017-140 Supervisor LaGrange 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 Buildings/Hilton Fund Balance A0909 A1626.4 $1,000.00 Barn/contractual To appropriate money from Fund Balance to Hilton Barn/contractual. There was not a budget set for this building. Trans./Distrib./ Fund Balance WF0909 WF8340.41 $764.00 Engineering To appropriate money from Fund Balance to Trans./Distrib./Engineering for amount over budget through 3/3/17.
Page 21 TOWN OF NEW SCOTLAND Regular Town Board Meeting May 10, 2017
The Town Board hereby resolves, pursuant to authority in Town Law, section 112, to amend the Town’s 2017 budget as stated above.
Councilperson Snyder seconded the motion. All present and voting, the motion carried (5 Ayes).
Schedule a Meeting Supervisor LaGrange wants to schedule a meeting for May 24, 2016. He wants to address the Civil Service situation having to do with the DPW position, do the proclamation for Onesquethaw, there could be some barn issues, and he has a request from Mr. Masullo to move forward on dedications. Councilperson Snyder asked if we will have information in advance from Stantec regarding the dedications. Supervisor LaGrange said that we will or we’re not going to do it.
RESOLUTION 2017-141 Supervisor LaGrange offered the following resolution and moved its adoption:
RESOLVED, that the Town Board of the Town of New Scotland does hereby schedule a meeting for May 24, 2017 at 6:00 PM.
Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5 Ayes).
23. Adjourn Supervisor LaGrange made a motion to adjourn and seconded by Councilperson Snyder. The meeting adjourned at 9:25 PM.
______Diane R. Deschenes, Town Clerk
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