TOWN OF NEW SCOTLAND TOWN BOARD MEETING AGENDA 1. …

TOWN OF NEW SCOTLAND

TOWN BOARD MEETING March 11, 2020 - 7:00 PM

AGENDA

1. Call to Order

Mr. LaGrange

2. Pledge of Allegiance

2A. State of the County discussion by Albany County Executive Daniel P. McCoy Mr. McCoy

3. Invitation to the General Public to Comment on Agenda Items: Please use the microphone available and state your name for the record

Mr. LaGrange

4. Approval of the Minutes of the Following: February 12, 2020 Regular Town Board Meeting February 26, 2020 Workshop

Ms. Deschenes

5. Request for use of 1 Town truck, 1 Town employee for truck, and the Town Hall on Community Care Day

Mr. LaGrange

6. Resolution Imposing $2.00 Fee on Unpaid Property Taxes to Reimburse Town for Cost of Mailing/Administration of Notices Regarding Unpaid Taxes

Mr. LaGrange Attachment #1

7. Information about the upcoming 2020 U.S. Census Mr. Leinung Attachment #2

8. Resolution removing the requirement that members of the Water Committee must file annual disclosure statements

Mr. LaGrange

9. Update regarding Community Choice Aggregation Mr. Greenberg

10. Resolution designating Hilton Barn parcel as part of Captain Joseph Hilton Park. Mr. LaGrange Attachment #3

11. NYS OPRHP Environmental Protection Fund Hilton Park Grant: Authorization to purchase sign required by grant Designation of SEQRA Lead Agency Barton & Loguidice Task Order for SEQRA documentation assistance Discussion/Action re: archeology study of Capt. Joseph Hilton park Discussion/Action retain North Country Ecological for Environmental studies Discussion/Action re: retaining Nan Stolzenburg for grant administration services Discussion/Action retain Barton & Loguidice for Site Engineering design

Mr. Hennessy, Jr& Mr. Greenberg

Attachment #4

Attachment #4a

Attachment #4b Attachment #4c Attachment #4d

12. Discussion/Action re: DPW Commissioner Mr. Greenberg

13. Discussion/Action re: Zoning Codification Mr. Greenberg

14. Consent to the making and filing of Certificate of Abandonment of Section of Duck Hill Road

Mr. Guyer Attachment #5

15. Highway/Parks: Discussion re: advertising for Equipment Operator 1 position Discussion re: advertising for summer help Discussion/Action re: hire of Transfer Station laborer Approval of the 2020 Seasonal Field Use Permits Approval of purchase of 2020 Ford Chassis Cab and dump body

Mr. Guyer

Attachment #6

Attachment #6a

16. Fire/Ambulance: Review and approve the revised (member Michael Foley) 2019 Service Award

Program List for the Onesquethaw Volunteer Fire Co. LOSAP


17. Discussion/Action re: Retainer Agreement with Crystal R. Peck, Esq. of Bailey, Johnson & Peck to serve as counsel to the Planning and Zoning Boards


18. Standard Workday & Reporting Resolution For Elected & Appointed Officials Mr. LaGrange Attachment #9

19. Resolution regarding retainer of attorney for possible litigation Mr. LaGrange Attachment #10

20. Liaison Reports:

21. Departmental Monthly Reports: Town Clerk, Feb 2020 Tax Collector, Feb 2020 Registrar, Feb 2020 Building Dept. Code Enforcement

Attachment #11 Attachment #11a Attachment #11b Attachment #11c Attachment #11d

22. Discussion/Action re: any new business

23. Pay the Bills


24. Approve any Budget Modifications Mr. LaGrange Attachment #13

25. Invitation to the Public to Discuss Non-Agenda Items

Mr. LaGrange

26. Adjourn Mr. LaGrange

RESOLUTION NO. _____ OF 2020 Town of New Scotland, New York

IMPOSING $2.00 FEE ON UNPAID PROPERTY TAXES

TO REIMBURSE TOWN FOR COST OF MAILING/ADMINISTRATION OF NOTICES REGARDING UNPAID TAXES

A meeting of the Town Board of the Town of New Scotland, Albany County, New York

was convened in public session at the Town Hall located at 2029 New Scotland Road, Slingerlands, New York 12159 on March 11, 2020 at 7:00 o’clock p.m.

WHEREAS, the Town incurs expenses for the preparation of notices to property owners

who do not pay property taxes on or before the interest-free deadline for payment of real property taxes. When the Town prepares and sends notices, it incurs added administrative expenses for mailings, including postage and the time and expense of Town employees;

WHEREAS, State law (NY Real Property Tax Law § 987) authorizes the Town to

impose a flat fee of up to $2.00 on each property tax bill that is delinquent to cover the cost of additional notices for late payment of property taxes;

WHEREAS, the Town Clerk has recommended that the Town Board impose a fee to

reimburse the Town for such expenses; NOW, THEREFORE, the Town Board, pursuant to Section 987 of the New York Real

Property Tax Law, hereby authorizes and imposes a $2.00 fee to be added to property tax bills that are delinquent as of March 4 of each year, and authorizes the Town Clerk to bill and collect such fee.

A motion by Member ____________, seconded by Member ___________, to adopt

Resolution No. __ of 2020. In favor: ____________________ Opposed: ____________________ Motion Approved: ____________________

The Resolution was adopted at a meeting of the Town Board of the Town of New Scotland duly conducted on _____________ __, 2020. _________________________________________

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CENSUS 101: WHAT YOU NEED TO KNOWThe 2020 Census is closer than you think!

Here’s a quick refresher of what it is and why it’s essential that everyone is counted.

The U.S. Constitution requires a census every 10 years. The census covers the entire country and everyone living here. The first census was in 1790.

It’s in theConstitution.

Census data determine how more than $675 billion are spent, supporting your state, county and community’s vital programs.

It means $675 billion.

Every 10 years, the results of the census are used to reapportion the House of Representatives, determining how many seats each state gets.

It’s about fair representation.

Completing the census is required: it’s a way to participate in our democracy and say “I COUNT!”

Taking part is your civic duty.

The census counts every person living in the U.S. once, only once, and in the right place.

Everyone counts.

It’s about redistricting. After each census, state officials use the results to redraw the boundaries of their congressional and state legislative districts, adapting to population shifts.

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Your data are confidential.Federal law protects your census responses. Your answers can only be used to produce statistics.

By law we cannot share your information with immigration enforcement agencies, law enforcement agencies, or allow it to be used to determine your eligibility for government benefits.

Residents use the census to support community initiatives involving legislation, quality-of-life and consumer advocacy.

Businesses use census data to decide where to build factories, offices and stores, which create jobs.

Local governments use the census for public safety and emergency preparedness.

Real estate developers use the census to build new homes and revitalize old neighborhoods.

Census data are being used all around you.

2020 will be easier than ever.In 2020, you will be able to respond to the census online.

You can help.You are the expert—we need your ideas on the best way to make sure everyone in your community gets counted.

F I N D O U T H O W T O H E L P A T C E N S U S . G O V / PA R T N E R S

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RESOLUTION DESIGNATING HILTON BARN PARCEL AS PART OF CAPTAIN JOSEPH HILTON TOWN PARK


was convened in public session at the Town Hall located at 2029 New Scotland Road, Slingerlands, New York 12159 on March 11, 2020 at 7:00 o’clock p.m.

WHEREAS, in March, 2016, the Mohawk Hudson Land Conservancy, Inc. (“MHLC”)

acquired and donated to the Town of New Scotland a 1.1 acre parcel of unimproved land at the intersection of Hilton Road and the County Rail Trail, which parcel is described in a Deed, dated March 16, 2016 and depicted on a Map, prepared by Bethlehem Land Surveying PLLC, dated January 6, 2016 and filed in the Albany County Clerk’s office in Drawer 172, Map No. 13206 (the “Map”) (The 1.1 acre parcel is sometimes referred to as the “Hilton Barn Parcel.”);

WHEREAS, the Town of New Scotland thereafter moved a certain barn structure from

the LeVie Farms Subdivision to the Hilton Barn Parcel, and placed the barn structure on a foundation. (The structure is known as the Hilton Barn.);

WHEREAS, in December, 2016, MHLC acquired and donated to the Town a 14.19 acre

parcel of unimproved land, subject to a Declaration of Protective Covenants and Restrictions, dated as of December 15, 2016 (the “Declaration of Restrictions”). (The 14.19 acre parcel is located on NYS Route 85A (also known as Maple Avenue) and Hilton Road in the Town of New Scotland, and the land is described in a Deed, dated December 15, 2016 and depicted on the Map. (The Declaration of Restrictions provides that the 14.19 acre parcel shall be considered park land, and the park shall be formally named the “Captain Joseph Hilton Town Park.”);

WHEREAS, the Declaration of Restrictions provides that the 1.1 acre Hilton Barn Parcel

is not subject to parkland restrictions set forth in the Declaration of Restrictions; WHEREAS, the Town wishes the 1.1 acre Hilton Barn Parcel, and the improvements

thereon, to be part of the Hilton Park; WHEREAS, the Town applied for, and was awarded, a grant from the New York State

Office of Parks, Recreation and Historic Preservation to improve the 15 acres as a park.

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NOW, THEREFORE, BE IT RESOLVED, that the 1.1 acre Hilton Barn Parcel shall be considered parkland, and shall be used for park purposes.


Resolution No. __ of 2020. Supervisor Douglas LaGrange: ____________________ William Hennessy, Jr. : ____________________ Daniel Leinung: ____________________ Adam Greenberg: ____________________ Bridgit Burke: ____________________

The Resolution was adopted at a meeting of the Town Board of the Town of New Scotland duly conducted on March __, 2020. _________________________________________

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Retainer Agreement

THIS AGREEMENT is entered into between The Town of New Scotland (“The Town”) and Bailey, Johnson & Peck, P.C. (the “Firm), to serve as counsel to the Town of New Scotland Planning Board and Zoning Board of Appeals (collective the “Boards).

THE NATURE OF SERVICES TO BE RENDERED and TERMS OF REPRESENTATION

The retention hereunder is for Crystal R. Peck, Esq., a partner in the Firm, to provide those services which are necessary and incidental to advising and providing legal counsel to the Boards including but not limited to conferences with the Town’s Building Department on proposed and pending applications, conferences with chairpersons for the Boards relative to proposed or pending applications, review of any and all applications to be heard by the Boards, legal research necessary to advise the Town Building Inspector and/or Boards relative to prospective or pending applications, and drafting proposed decisions and resolutions in relation to matters before the Boards.

Said retention shall not include representation of the Boards or any of its members or other Town personnel in litigation filed against the Boards or the Town. In the instance the Firm’s services are requested to represent the Boards or the Town in relation to litigation, a separate resolution authorizing such representation and fees to be incurred for same shall be adopted by the Town Board of the Town of New Scotland.

The Town understands that it may discharge the Firm at any time and, in such event, the Town will be charged for those fees actually incurred by the Firm up to the point of discharge.

PAYMENT FOR SERVICES

The Firm agrees to perform services under this Retainer Agreement commencing April 1, 2020, at a fee of $1,376 per month to be paid on or before the 30th day of each calendar month.

WITHDRAWAL OF REPRESENTATION

You are advised that if, in the judgment of the Firm, we decide that there has been an irretrievable breakdown in the attorney-client relationship, or a material breach of the terms of this Retainer Agreement, the Firm may deem that to be a reason to withdraw its representation.

FEE DISPUTES

While we seek to avoid any fee disputes with our clients, and rarely do such disputes occur, in the event that such a dispute arises, you are advised that you have the right, at your election, to seek arbitration to resolve the fee dispute. In such event, we shall advise you in writing by certified mail that you have thirty (30) days from receipt of such notice in which to elect to resolve the dispute by arbitration, and we shall enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both the Town and the Firm.

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STATEMENT OF CLIENT’S RIGHTS

Reciprocal trust, courtesy and respect are the hallmarks of the attorney-client relationship. Within that relationship, the Client looks to the attorney for expertise, education, sound judgment, protection, advocacy and representation. These expectations can only be achieved if the attorney(s) fulfills the following responsibilities:

You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer's office.

You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).

• You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

• You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory.

• In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.

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• You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.

• You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.

• You are entitled to have your legitimate objectives respected by your attorney,

including whether or not to settle your matter (court approval of a settlement is required in some matters). ꞏ

• You have the right to privacy in your dealings with your lawyer and to have your

secrets and confidences preserved to the extent permitted by law. • You are entitled to have your attorney conduct himself or herself ethically in

accordance with the Code of Professional Responsibility.

• You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

The Client acknowledges that he or she was provided with and read the Statement of Client's Rights and Responsibilities, as set forth above, and attached to their Retainer Agreement.

I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT, HAVE RECEIVED A COPY AND ACCEPT ALL OF ITS TERMS.

Dated: March __, 2020

Bailey, Johnson & Peck, P.C. Town of New Scotland

By: By:

Crystal R. Peck, Esq. Title: Town Supervisor

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RESOLUTION REGARDING RETAINER OF ATTORNEY


was convened in public session at the Town Hall located at in 2029 New Scotland Road, Slingerlands, New York 12159 on March __, 2020 at 7:00 o'clock p.m.

WHEREAS, a lawsuit was commenced against the Town by the developer of the Stone

Creek Development with respect to certain water bills that have been paid by the developer; WHEREAS, Local Law No. 1 of 1982 provides that the Town Board is authorized to

pay additional compensation to the appointed Town Attorney for services rendered to special districts and for special court proceedings and litigation;

WHEREAS, Supervisor LaGrange made the following motion and moved its adoption: NOW, THEREFORE, BE IT RESOLVED, that J. Michael Naughton, Esq. be retained

at the rate of $_____/hour (plus costs and disbursements) for the purpose of defending the Town (including the Supervisor and the Heldervale Sewer District) in the lawsuit entitled Stone Creek Estates of New Scotland, LLC v. Douglas LaGrange, The Town of New Scotland, New York, and Heldervale Water District, pending in the Supreme Court of the State of New York, Albany County.


Resolution No. __ of 2020. In favor: ____________________ Opposed: ____________________ Motion Approved: ____________________

The Resolution was adopted at a meeting of the Town Board of the Town of New Scotland duly conducted on March __ 2020. _________________________________________

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Town Hall Phone: (518) 439-4865

2029 New Scotland Road Fax: (518) 478-0217 Slingerlands, NY 12159 TDD 1-800-662-1220 The Town of New Scotland is an equal opportunity provider and employer. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with USDA, Director, Office of Civil rights Room 326-W, Whitten Building, 14th and Independence, Ave., SW, Washington, DC 20250-9410

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www.townofnewscotland.com

TOWN OF NEW SCOTLAND

Diane R. Deschenes, RMC Town Clerk / Tax [email protected]

Patricia A. Barber

Deputy Town Clerk [email protected]

Pay the Bills March 11, 2020

Abstract # Vouchers Amount

20191756-20191758 20201174-20200259 $119,757.16

Abstract# Prepays

20200135-20200153 $4,555.56 20200157-20200162 $2,327.87 20200163-20200167 $43,571.40 20200168-20200171 $1,551.71 20200172-20200173 $1,179.07

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TOWN OF NEW SCOTLAND March 11, 2020

2019 BUDGET MODIFICATIONS 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 Contingency A1990.4 BAN Interest A9730.7 $316.91 To move appropriation from Contingency to BAN Interest for amount over budget. Fund Balance WC0909 BAN Interest WC9730.7 $1,150.64 To appropriate money from Fund Balance for amount over budget. Metered Water Rents

WF2140 BAN Interest WF9730.7 $2,607.73

To increase both Revenue/Metered Water Rents and Expenditure/BAN Interest for amount over budget. Metered Water Rents

WH2140 BAN Interest WH9730.7 $338.38

To increase both Revenue/Metered Water Rents and Expenditure/BAN Interest for amount over budget.

Fund Balance WS0909 Trans.Distrib./Contr.

WS8340.4 $300.00

To appropriate money from Fund Balance to Transmission Distribution/Contractual for amount over budget ($5.99) plus amount through year end.

The Town Board hereby resolves, pursuant to authority in Town Law, section 112, to amend the Town’s 2020 budget as stated above.

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TOWN OF NEW SCOTLAND TOWN BOARD MEETING AGENDA 1. …

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