2004 Adopted Resolutions of the Town Board of Schodack, NY

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Resolutions of the Town Board, 28 December 2004

2004-468)

WHEREAS, it is hereby determined that by renting, borrowing, exchanging, leasing or maintaining highway machinery and equipment and the borrowing or lending of materials and supplies, the Town of Schodack and other municipalities may avoid the necessity of purchasing certain needed highway machinery and equipment and the purchasing of or storing of a large inventory of certain extra materials and supplies, thereby saving the taxpayers money, and;

WHEREAS, it is recognized and determined, from a practical working arrangement, that no program of borrowing, exchanging, leasing, renting or maintaining of highway machinery and equipment or borrowing or lending of materials can be successful if each individual arrangement or agreement has to receive prior approval by the Town of Schodack Town Board and the governing board of each of the other municipalities which may be parties to such agreements, since such agreements must often be made on short notice and at times when governing boards are not in session, and;

WHEREAS, it is incumbent upon each municipality to design a simple method whereby materials and supplies, equipment and machinery, including the operators thereof, may be obtained or maintained with a minimum of paperwork and inconvenience and with a swift approval process, and;

WHEREAS, it is the intent of this Board to give the head of the highway department the authority to enter into renting, exchanging, borrowing, lending or maintaining arrangements with the persons serving in similar capacities in other municipalities without the necessity of obtaining approval of the County, Town or Village governing board prior to the making of each individual arrangement, and;

WHEREAS, a standard contract has been prepared which is expected to be adopted and placed into effect in other municipalities, which will grant the person holding the position comparable to that of the head of the highway department, authority to make similar arrangements, and;

WHEREAS, it is hereby determined that it will be in the best interest of the Town of Schodack to be a party to such shared services arrangements;

NOW, THEREFORE, BE IT RESOLVED that the Supervisor is hereby authorized to sign contracts in the following format on behalf of the Town:

CONTRACT FOR SHARED HIGHWAY SERVICES

• For the purposes of this contract, the following terms shall be defined as follows:
  • a) "Municipality" shall mean any county, town or village which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein, and has filed a copy of said contract with the clerk of the undersigned county/town or village.
  • b) "Contract" shall mean the text of this agreement which is similar in terms and effect with comparable agreements, notwithstanding that each such contract is signed only by the chief executive officer of each participating municipality filing the same, and upon such filing each filing municipality accepts the terms of the contract to the same degree and effect as if each chief executive officer had signed each individual contract.
  • c) "Shared Service" shall mean any service provided by one municipality for another municipality that is consistent with the purposes and intent of this contract and shall included but not be limited to:
    • i) the renting, exchanging, or lending of highway machinery, tools and equipment, with or without operators;
    • ii) the borrowing or lending of supplies between municipality, conditioned upon the obtaining of equal value through the provision of a service by the borrower or by the lending of equipment by the borrower, the value of which is equal to the borrowed supplies;
    • iii) the providing of a specific service for another municipality, conditioned on such other municipality providing a similar service, or a service of equal value, in exchange.
    • iv) The maintenance of machinery or equipment by a municipality for other municipalities.
  • d) "superintendent" shall mean, in the case of a county, the county superintendent of the highways, or the person having the power and authority to perform the duties generally performed by county superintendents of highways; in the case of a town, the town superintendent of highways; in the case of a village, the superintendent of public works.
• The undersigned municipality has caused this agreement to be executed and to bind itself to the terms of this contract and it will consider this contract to be applicable to any municipality which has approved a similar contract and filed such contract with the clerk of the undersigned municipality.
• The undersigned municipality by this agreement grants to the superintendent the authority to enter into any shared service agreements with any other municipality or other municipalities subject to the following terms and conditions.
  • a) The Town of Schodack agrees to rent or exchange or borrow from any municipality any and all materials, machines and equipment, with or without operators, which it may need for the purposes of the Town of Schodack. The determination as to whether such machinery, with or without operators, is needed by the Town of Schodack shall be made by the superintendent. The value of the materials or supplies borrowed from another municipality under this agreement may be returned in the form of similar types and amounts of materials or supplies, or by the supply of equipment or the giving of services of equal value, to be determined by mutual agreement of the respective superintendents.
  • b) The Town of Schodack agrees to rent, exchange or lend to any municipality any and all materials, machines and equipment, with or without operators, which such municipality may need for its purposes. The determination as to whether such machinery or material is available for renting, exchanging or lending shall be made by the superintendent. In the event the superintendent determines that it will be in the best interests of the Town of Schodack to lend to another municipality, the superintendent is hereby authorized to lend to another municipality. The value of supplies or materials loaned to another municipality may be returned to the Town of Schodack, by the borrowing municipality in the form of similar types and amounts of materials or supplies, or by use of equipment or receipt of services of equal value, to be determined by the respective superintendents.
  • c) The Town of Schodack agrees to repair or maintain machinery or equipment for any county, town or village under terms that may be agreed upon by the superintendent, upon such terms as may be determined by the superintendent.
  • d) An operator of equipment rented or loaned to another municipality, when operating such equipment for the borrowing municipality, shall be subject to the direction and control of the superintendent of the borrowing municipality in relation to the manner in which the work is to be completed. However, the method by which the machine is to be operated shall be determined by the operator.
  • e) When receiving the services of an operator with a machine or equipment, the receiving superintendent shall make no request of any operator which would be inconsistent with any labor agreement that exists for the benefit of the operator in the municipality by which the operator is employed.
  • f) The lending municipality shall be liable for any negligent acts resulting from the operation of its machinery or equipment by its own operator. In the event damages are caused as a result of directions given to perform work, then the lending municipality shall be held harmless by the borrowing municipality.
  • g) Each municipality shall remain fully responsible for its own employees, including salary, benefits and workers compensation.
• The renting, borrowing or leasing, repairing or maintaining of any particular piece of machinery or equipment, or the exchanging or borrowing of material or supplies, or the providing of specific service shall be evidenced by te signing of a memorandum by the superintendent. Such a memorandum may be delivered to the other party via mail, personal delivery, facsimile machine, or any other method of transmission agreed upon. In the event there is no written acceptance of the memorandum, the receipt of the materials or supplies or the acceptance of a service shall be evidence of the acceptance of the offer to rent, exchange or lend.
• In the event any shared services arrangement is made without a memorandum at the time of receipt of the shared service, the superintendent receiving the shared service shall within five days thereof, send to the provider a memorandum identifying the type, time and date of the acceptance of the repair or maintenance shared service. In the event such shared services related to or included any materials or supplies, such memorandum shall identity such materials or supplies and time and place of delivery.
• In the event a municipality wishes to rent machinery or equipment from another municipality or in the event a municipality wishes to determine the value of such renting for the purposes of exchanging shared services or a comparable value, it is agreed that the value of the shared service shall be set forth in the memorandum.
• All machinery and the operator, for purposes of workers compensation, liability and any other relationship with third parties, except as provided in paragraph e of section three of this agreement, shall be considered the machinery of, and the employees of, the municipality owning the machinery and equipment.
• In the event machinery or equipment being operated by an employee or the owning municipality is damaged or otherwise in need of repair while working for another municipality, the municipality owning the machinery or equipment shall be responsible to make or pay for such repairs. In the event machinery or equipment is operated by an employee of the borrowing, receiving or renting municipality, such municipality shall be responsible for such repair.
• Records shall be maintained by each municipality setting forth all machinery rentals, exchanges, borrowings, repair or maintenance and other shared services. Such records will be available for inspection by any municipality which has shared services with such municipality.
• In the event a dispute arises relating to any repair, maintenance or shared service, and in the event such dispute cannot be resolved between the parties, such dispute shall be subject to mediation.
• Any party to this contract may revoke such contract by filing a notice of such revocation. Upon the revocation of such contract, any outstanding obligations shall be settled within thirty days of such revocation unless the parties with whom an obligation is due agree in writing to extend such date of settlement.
• Any action taken by the superintendent pursuant to the provisions of this contract shall be consistent with the duties of such official and expenditures incurred shall not exceed the amounts set forth in the Town budget for highway purposes.
• The record of all transactions that have taken place as a result of the Town of Schodack participating in the services afforded by this contract shall be kept by the superintendent and a statement thereof, in a manner satisfactory to the Town Board, shall be submitted to the board semiannually on or before the first day of June and on or before the first day of December of each year following the filing of the contract, unless the Town Board requests the submission of records at different times and dates.
• If any provision of this contract is deemed to be invalid or inoperative for any reason, that part shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, then severed, and the remainder of the contract shall continue in full force and effect as if the contract had been signed with the invalid portion so modified or eliminated.
• This contract shall be reviewed each year by the Town Board and shall expire five years from the date of its signing by the Supervisor. The Town Board may extend or renew this contract at the termination thereof for another five year period.
• Copies of this contract shall be sent to the clerk and the Superintendent of each municipality with which the superintendent anticipates engaging in shared services. No shared services shall be conducted by the superintendent except with the Superintendent of a municipality that has completed a shared services contract and has sent a copy thereof to the clerk of his or her municipality and the superintendent.

2004-469)

Adopt the following annual salaries for the calendar year 2005

2004-470)

To modify Assistant Court Clerk hourly rate from $9.75 to $11.34 as previously adopted in 2005 budget.

2004-471)

Establish a No Standing, No Parking Zone on Morey Park Road in the area of the monument/flag pole and authorize Superintendent of Highways to post appropriate signage.

2004-472)

Retain DBS Planning Consultants, Camoin Associates, CLA Site and Lawrence Howard, Esq., to provide planning services pursuant to proposal submitted December 20 in accordance with Quality Community Grant for a fee not to exceed $47,000, which shall be reimbursed to the Town by the Department of State.

2004-473)

To adopt an addition to the Building Department fees for Research Requests (certificate of occupancies, fire violations, street maintenance responsibilities, housing and building violations from commercial vendors ie real estate, research and title agencies). The Building Department will impose a $50 fee per request.

2004-474)

Organizational Meeting of the Town Board will be held Tuesday, January 4, 2005 at 7 p.m. at the Schodack Town Hall at 1777 Columbia Turnpike.

2004-475)

Authorize payment to Hanson VanVleet, Inc. for time and materials per terms of {resolution 2004-391 to assess, evaluate and certify the impact of Spill #0408047 at the Lucey property} all payments to be drawn against Letter of Credit posted by R. J. Valente Gravel, Inc. (Amount to date $2,032.18).

2004-476)

John Curtis and Paul Donnelly as part-time police dispatchers effective January 1, 2005.

2004-477)

Approve Budget transfers and amendments submitted by the Comptroller.

2004-478)

Authorize payment of claims as submitted by the Comptroller.

2004-479)

To extend the public hearing on proposed local law number 8 relative to amending chapter 219 of the Code of the Town of Schodack regarding rezoning properties at the intersection of State Route 150 and County Route 6 (Maple Hill Road and Scott Avenue) from R-20 to LB until January 13, 2005 at 8 p.m. at the Schodack Town Hall.

Resolutions of the Town Board, 9 December 2004

2004-450)

WHEREAS, the Town Board of the Town of Schodack received (4) bids for Reconstruction of Knickerbocker Road Bridge and

WHEREAS, the bids are as follows: Bette and Cring, LLC in the amount of $1,059,229; D.A. Collins Construction Co., Inc. in the amount of $1,110,000.20; Arch Bridge Contraction Corp.in the amount of $1,084,075; James H. Maloy, Inc. in the amount of $1,194,000 and

WHEREAS, all bids were reviewed for conformance to specifications and submittal of required bid bond and non-collusive certificates

NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby accepts the lowest responsible bid from Bette and Cring, LLC, in the amount of $1,059,229.

2004-451)

To adopt the following revisions and/or clarification of fees for the Transfer/Recycling Station: (Items in bold print are revised/additions)

Transfer Station Fees (Items in bold print are revised/additions)

2004-452)

Authorize Officer Stuart McKnight and Detective James Morgan to attend New York State Snowmobile Law Enforcement Training Program, January 3-7, 2005 in Glens Falls, New York with a cost of $35 per person, and appropriate expenses to be borne by the Town.

2004-453)

Authorize payment as per stipulation of settlement entered in the court in the matter of Michael V. Thoma, et al. -v- Town of Schodack as per terms of the General Release of Claims as follows: One Hundred and Forty Thousand Hundred Dollars ($140,000) to Raymond W. Poole, Jr., and to authorize execution of instruments and transfer of funds in regard to the settlement agreement.

2004-454)

Authorize Supervisor Secor to execute contract with J. Kenneth Fraser and Associates for Study, Report, Preliminary Design including mapping and Final Design Phases of Town Hall well field water supply system to serve the Route 20 area in an amount not to exceed $140,000 as set forth in task order dated December 7, 2004.

2004-455)

WITHDRAWN: Authorize the Town Clerk to publish legal notice of hearing to be held on December 28, 2004 at 7 p.m. at the Schodack Town Hall to seek public input relative to proposed local law number 8 to amend Chapter 223 of the Code of the Town of Schodack to add Truck terminals with gas sales and Commercial petroleum storage facility by special permit within one mile from exit B-1 of the New York state thruway Berkshire Spur, such distance to be measured in a northerly direction from the point where state route 9 intersects the southernly most access ramp leading to the New York state thruway.

2004-456)

To adopt the following revisions and/or clarification of fees for the Town Park and policy as recommended by Parkland Committee:

* If the pavilion is in acceptable condition after rental refund to the user will be $25

Parking for two cars only at the pavilion Route 150 entrance. This entrance is for loading and unloading only of heavy items and special handicap needs.
No water balloons will be allowed, due to hazards they may cause.

2004-457)

WITHDRAWN: Pursuant to Section 188-18, Paragraph D, of Article IV of the Code of the Town of Schodack increase the parkland subdivision fee from $500 to $600 per tract or parcel within major subdivisions as defined therein.

2004-458)

Authorize Supervisor Secor to execute contract with West Central Environmental Corp. for transportation and disposal of stormwater pursuant to contract.

2004-459)

WITHDRAWN: WHEREAS the Town of Schodack, County of Rensselaer, New York, presently utilizes Neptune water meters and software for billing metered water usage at many locations within the Town, including but not limited to the I-90 rest stop, the Comfort Inn and properties within Water District 5, and

WHEREAS to purchase water meters and hand held computers which are not compatible with said Neptune water meters and software would be inefficient and uneconomical since alternative brands would have to be purchased that would not be interchangeable with the metering system already on hand, and

WHEREAS it is desirable to purchase water meters and computers with software that are compatible with the ones presently owned by the Town.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Schodack as follows: For reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5 of section 103 of the General Municipal Law, it is determined that there is a need for standardization in the purchase of water meters and hand held computers with software for the use by the Town of Schodack.

2004-460)

WITHDRAWN: WHEREAS, for reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5, section 103 of the General Municipal Law, the Town of Schodack previously determined that there was a need for standardization in the purchase of radio read water meters and hand held computers with software for Town water districts, and standardized said items to be compatible with Neptune water meters now in service and further standardized said items to be compatible with software currently used by the Town Highway Department and with water meters used by the Town of East Greenbush, and

WHEREAS, the bid received from Blair Supply Corporation does not meet said standardized requirements of offer to supply equivalent water meters and software in that the system offered in said bid is not compatible with the Town's Neptune water meters and software and is not lead-free.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack that the bid of Ti-Sales, Inc. in the amount of $93,150 to supply water meters and hand held computer with software is accepted.

2004-461)

As New Year's Day/January 1, 2005 is on a Saturday, designate official Town holiday as January 3, 2005.

2004-462)

Authorize Town Clerk to publish legal notice for public hearing to be held on December 28, 2004 at 8:00 p.m. at the Schodack Town Hall to seek public input relative to proposed local law number 9 regarding properties at intersection of Route 150 and Maple Hill Road as requested by Eddie's Auto Electrical, Kandee Scarnato, and Louis Polsinello

2004-463)

Schedule an informational meeting of the Town Board relative to proposed Schodack Landing sewer district to be held as follows: Wednesday, January 5, 2005, at 7 p.m. at the Maple Hill High School, 1216 Maple Hill Road and to notify all property owners in the proposed district.

2004-464)

Authorize Town Clerk to circulate Request for Proposal for cleaning services for 2005 at the Town Hall, Police Department and Highway Garage.

2004-465)

Approve Budget transfers and amendments submitted by the Comptroller.

2004-466)

Authorize payment of claims as submitted by the Comptroller.

Resolutions of the Town Board, 18 November 2004

2004-426)

WHEREAS, the Golf View Subdivision, developer Joseph Bove, having substantially completed the infrastructure work required by the Schodack Subdivision Regulations on the road known as Prestwick Drive, and

WHEREAS, the developer posted an escrow account for the cost of completing required infrastructure, and

WHEREAS, Richard Laberge, P.E., Review Engineer to the Schodack Planning Board has reviewed the paving and other related construction and recommended as follows: "We found no evidence of the 2 required monuments in the field. The storm sewer structure should be cleaned to remove sediment and debris. The storm system culverts should be flushed." As-built drawings are not on file with the Town. The estimated costs to complete said outstanding items are in the aggregate amount of $2,400.

WHEREAS, the Highway Superintendent has recommended that the road be accepted and dedicated as a Town Road contingent upon receipt of an updated title policy and posting of a maintenance bond in the amount of $10,000 for one year following dedication, and

WHEREAS, the developer, Joseph Bove, has requested release of his escrow account held by the Town

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the offer of cession for Prestwick Drive and hereby accepts and dedicates the highway to be known as Prestwick Drive as a Town of Schodack Town Road contingent upon receipt of an updated title policy, payment of County Clerk filing fees, and posting of a maintenance bond in the amount of $10,000 for one year following dedication, and

BE IT FURTHER RESOLVED, to authorize Supervisor Secor to execute and file all necessary documents and to release Eighty-Five Thousand Dollars ($85,000) of said escrow account based on the inspection and recommendation of Superintendent of Highways and Richard Laberge, P.E.

2004-427)

WHEREAS, a petition for the extension of Water District No. 5 in the Town Of Schodack, County of Rensselaer, New York, was presented to the Town Board; and

WHEREAS, the petition and associated map, plan and report were filed in the office of the Town Clerk; and

WHEREAS, the Town Board adopted an order that recited the filing of the petition, the proposed improvements, the boundaries and description of the proposed extension, the proposed method of financing, and the estimated costs of the improvements and all other matters required by law to be stated; and

WHEREAS, such order set November 18, 2004, at 7:30 p.m. at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York, as the time and place for a public hearing before all interested persons on the petition; and

WHEREAS, such order was posted and published as required by law; and

WHEREAS, the hearing on the petition was duly held on November 18, 2004, and all interested parties were heard; and

WHEREAS, an Environmental Assessment Form was duly prepared and reviewed by the Town Board pursuant to the State Environmental Quality Review Act ("SEQRA").

NOW, THEREFORE, it is hereby,

RESOLVED AND ORDERED that: (a) the petition is signed and acknowledged or proved as required by law, it complies with the requirements of the Town Law as to sufficiency of signers and is otherwise sufficient; (b) all the property and property owners within the proposed extension are benefited thereby; (c) all the property and property owners benefited are included within the limits of the proposed extension; (d) the cost of the proposed improvements is to be assessed against the benefited area and all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded; and (e) it is in the public interest to grant the relief sought in the petition and such will not constitute an undue burden on the property that will bear the cost thereof; and it is further

RESOLVED AND ORDERED that the Town Board hereby declares itself lead agency pursuant to SEQRA, determines that the proposed extension of Water District No. 5 will not have a significant impact on the environment, and directs that a negative declaration be filed in accordance with applicable provisions of law; and it is further RESOLVED AND ORDERED, that the extension of Water District No. 5 as proposed in the petition be approved, and that the extension shall be bounded and described as set forth in Schedule A, which is annexed hereto and made a part hereof; and it is further

RESOLVED AND ORDERED that the proposed improvements shall be financed as follows: The improvements requested by the petition are the connection to an existing Town water main to serve the property within the extension. The maximum amount to be expended for the improvements as stated in the petition is One Dollar ($1.00). The owners of the property within the extension shall bear all costs of installation of water lines to connect to the existing Town water main; and it is further

RESOLVED AND ORDERED that the Town Clerk shall cause copies of this Resolution and Order to be filed in accordance with applicable provisions of law.

2004-428)

WHEREAS, Robert J. Roth, son of Gale and Steven Roth, was promoted to Eagle Scout, the highest rank a Boy Scout can achieve; and

WHEREAS, Robert is a member of Boy Scout Troop 53, and has earned twenty-four Merit Badges in his Scouting career; and

WHEREAS, as his Eagle Scout project, Robert chose to Design and Construct a Sign at the Greenbush Soccer Field; and

WHEREAS, Robert is a Senior at Maple Hill High School where he has been a member of the Jazz Band, Choir, Wrestling, Track and Cross Country Teams; and be it

RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Robert J. Roth upon the auspicious occasion of being awarded the rank of EAGLE SCOUT, Boy Scouts of America; and be it further

BE IT FURTHER RESOLVED, that the Town Clerk forward a copy of this resolution, suitably engrossed to Robert J. Roth.

2004-429)

Authorize Supervisor Secor to execute the 2005 contract by and between the Hudson-Mohawk Humane Society and the Town of Schodack in the amount of $4,000.

2004-430)

WITHDRAWN: the Town of Schodack, County of Rensselaer, New York, presently utilizes Neptune water meters and software for billing metered water usage at many locations within the Town, including but not limited to the I-90 rest stop, the Comfort Inn and properties within Water District 5, and

WHEREAS, to purchase water meters and hand held computers which are not compatible with said Neptune water meters and software would be inefficient and uneconomical since alternative brands would have to be purchased that would not be interchangeable with the metering system already on hand, and

WHEREAS, it is desirable to purchase water meters and computers with software that are compatible with the ones presently owned by the Town.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack as follows: For reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5 of section 103 of the General Municipal Law, it is determined that there is a need for standardization in the purchase of water meters and hand held computers with software for use by the Town of Schodack.

2004-431)

WITHDRAWN: WHEREAS, for reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5, section 103 of the General Municipal Law, the Town of Schodack previously determined that there was a need for standardization in the purchase of radio read water meters and hand held computers with software for Town water districts, and standardized said items to be compatible with Neptune water meters now in service and further standardized said items to be compatible with software currently used by the Town Highway Department and with water meters used by the Town of East Greenbush, and

WHEREAS, the bid received from Ti-Sales, Inc., meets said standardization requirements and bid packet specifications and offers water meters and hand held computer software compatible with ones presently owned by the Town of Schodack and the Town of East Greenbush, and

WHEREAS, the bid received from Blair Supply Corporation does not meet said standardized requirements of offer to supply equivalent water meters and software in that the system offered in said bid is not compatible with the Town's Neptune water meters and software and is not lead-free.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack that the bid of Ti-Sales, Inc. In the amount of $93,150 to supply water meters and hand held computer with software is accepted.

2004-432)

Resolved that the Assessor, Joanna Santostefano and the Assistant to the Assessor, Sharon Martin, be paid a stipend in the amount of $1,500 each for the administration of the STAR Program for the year 2004 from monies received by the Town from the NYS STAR Program.

2004-433)

Authorize payments as per stipulation of settlement entered in the court In the Matter of Michael V. Thoma, et al. vs. Town of Schodack as per terms of General Release of Claims as follows: One Hundred and Sixty-Six Thousand Five Hundred Dollars ($166,500) to Michael V. Thoma, Jr., Brenda B. Thoma, Estate of Ruth M. Thoma, Violet S. O'Neil, Raymond W. Poole, Jr., and Joseph T. Stollsteimer.

2004-434)

Authorize 72-hour pump test to be performed by Hanson VanVleet, LLC, as required Rensselaer County Department of Health including data collection, analysis and associated services in an amount not to exceed Nineteen Thousand Two Hundred Dollars ($19,200) pursuant to proposal dated November 11, 2004.

2004-435)

Authorize Supervisor Secor to execute agreement with Capital District Physicians' Health Plan, Inc., to renew Benefit Package C4 which preserves coverage package as before and is within amount set forth in 2005 Adopted Budget.

2004-436)

WHEREAS, a petition for the extension of Water District No. 5 in the Town of Schodack, County of Rensselaer, New York, was presented to the Town Board; and

WHEREAS, the petition and associated map, plan and report were filed in the office of the Town Clerk; and

WHEREAS, the Town Board adopted an order that recited the filing of the petition, the proposed improvements, the boundaries and description of the proposed extension, the proposed method of financing, and the estimated costs of the improvements and all other matters required by law to be stated; and WHEREAS, such order set November 10, 2003, at 7:30 p.m. at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York, as the time and place for a public hearing before all interested persons on the petition; and

WHEREAS, such order was posted and published as required by law; and WHEREAS, the hearing on the petition was duly held on November 10, 2003, and all interested parties were heard; and WHEREAS, an Environmental Assessment Form was duly prepared and reviewed by the Town Board pursuant to the State Environmental Quality Review Act ("SEQRA").

NOW, THEREFORE, it is hereby,

RESOLVED AND ORDERED that: (a) the petition is signed and acknowledged or proved as required by law, it complies with the requirements of the Town Law as to sufficiency of signers and is otherwise sufficient; (b) all the property and property owners within the proposed extension are benefited thereby; (c) all the property and property owners benefited are included within the limits of the proposed extension; (d) the cost of the proposed improvements is to be assessed against the benefited area and all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded; and (e) it is in the public interest to grant the relief sought in the petition and such will not constitute an undue burden on the property that will bear the cost thereof; and it is further

RESOLVED AND ORDEREDthat the Town Board hereby declares itself lead agency pursuant to SEQRA, determines that the proposed extension of Water District No. 5 will not have a significant imapct on the environment, and directs that a negative declaration be filed in accordance with applicable provisions of law; and it is further

RESOLVED AND ORDEREDthat the extension of Water District No. 5 as proposed in the petition be approved, and that the extension shall be bounded and described as set forth in Schedule 1, which is annexed hereto and made a part hereof; and it is further

RESOLVED AND ORDEREDthat the proposed improvements shall be financed as follows: The improvements requested by the petition are the connection to an existing Town water main to serve the property within the extension. The maximum amount to be expended for the improvements as stated in the petition is One Dollar ($1.00). The owners of the property within the extension shall bear all costs of extension of the district and all costs of installation of water lines to connect to the existing Town water main; and at the direction of the Town, all costs of disconnection of such lines and installation of connecting lines to any new Town water main along Columbia Turnpike when such main is constructed; and it is further

RESOLVED AND ORDEREDthat the Town Clerk shall cause copies of this Resolution and Order to be filed in accordance with applicable provisions of law.

2004-437)

WHEREAS, the Green's Subdivision, developer John Mazzeo, having substantially completed the infrastructure work required by the Schodack Subdivision Regulations on that portion of a road within the Town of Schodack known as Chadwycke Court, and

WHEREAS, Richard Laberge, P.E., Review Engineer to the Schodack Planning Board has reviewed the paving and other related construction and recommended as follows: "We found no evidence of the 3 required monuments in the field. There is no evidence of asbuilt drawings being submitted, neither hardcopy nor electronic format. We are uncertain as to whether the Town granted a waiver for lot and easement pins per attached letter from Brewer Engineering dated June 4, 1999. We found no evidence of lot or easement pins on undeveloped lots. No warning sign approaching the easterly intersection on County Route 32 was found per Clark Engineering's letter on May 7, 1998. We are uncertain as to whether this was required or not. The storm sewer structures should be cleaned to remove sediment." The estimated costs to complete said outstanding items are in the aggregate amount of $5,100.00.

WHEREAS, the Highway Superintendent has recommended that the road be accepted and dedicated as a Town Road pursuant to the above terms and conditions set forth in the correspondence from Richard Laberge, P.E., of Laberge Group dated November 12, 2004, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the offer of cession for Chadwycke Court and hereby accepts and dedicates the highway to be known as Chadwycke Court as a Town of Schodack Town Road as it is within the Town of Schodack contingent upon payment of $5,100.00 to the Town for completion of outstanding items identified by Richard LaBerge, P.E., receipt of an updated title policy, payment of the Rensselaer County Clerk filing fees, and posting of a maintenance bond with the Town Clerk in the amount of $10,000.00, and

BE IT FURTHER RESOLVED, to authorize Supervisor Secor to execute and file all necessary documents, based on the inspection and recommendation of Superintendent of Highways and Richard Laberge, P.E.

2004-438)

Authorize substitution of legal counsel in the matter of Town of Schodack -v- Engwer from Hiscock & Barclay, LLP., to Debra Young, Esq. from Thuillez, Ford, Gold, Johnson & Butler, LLP at the hourly rate of $175. Motion is returnable on November 24, 2004.

2004-439)

Authorize Supervisor Secor to sign appraisal contract with Upstate Appraisal Services, Inc. for Six (6) Real Estate Valuations for Taxable 2005 Values tax map # 178-11-27.1, 198-4-1.11, 178-3-6.221, 188-5-5.11, 178-3-6.222, 189-10-15 for an expenditure not to exceed $3,000.

2004-440)

Accept irrevocable offer of cession for the drainage easements from Eric and Joyce Tisaj and authorize filing of deed and recording documents

2004-441)

Authorize reimbursement of permit fees to Susan Baer in the amount of $200 for the Water Quality Control Act (Planning files 35-2002 and 35B-2002) as the project was not advanced.

2004-442)

Authorize Supervisor Secor to reimburse Sergeant Joseph J. Belardo, for College Tuition in the amount of $2,416.

2004-443)

Amend Resolution 2004-131 to reschedule Water Workshop Meeting on Tuesday, December 28, 2004 rather than Monday, December 27, 2004.

2004-444)

Authorize Kenneth Holmes, Superintendent of Highways, to purchase a used pick-up truck for an amount not to exceed $10,000.

2004-445)

Express gratitude to Irene Saganich on behalf of the Town of Schodack and the Town Board for her years of dedicated service as Town Historian on the occasion of her retirement effective December 31, 2004. Irene has made a unique contribution since 1990.

2004-446)

Pursuant to the Arts and Cultural Affairs Law Authorize Supervisor Secor hereby appoints Diane Hutchinson, Town Historian, term effective January 1, 2005, to run concurrent with the term of the Supervisor and expires December 31st , 2005.

2004-447)

Approve Budget transfers and amendments submitted by the Comptroller.

2004-448)

Authorize payment of claims as submitted by the Comptroller.

Resolutions of the Town Board, 8 November 2004

2004-423)

WHEREAS, the Town Board on behalf of the Town of Schodack (the Town) and the Village Board on behalf of the Village of Castleton-on-Hudson (the Village) have negotiated in good faith to forge a new partnership in order to provide critical sewage treatment service to residents of the Town of Schodack and also for the hamlet of Schodack Landing, and

WHEREAS, the Town and Village desire to enter into a new Agreement setting forth the parties= understandings and agreements as to joint sewage collection and treatment and the respective rights and obligations of the parties, said proposal to be known as the 2004 Joint Sewer Agreement, which the Town Board intends to approve

NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes Supervisor Secor to execute the 2004 Joint Sewer Agreement subject to a public hearing, SEQRA review, and other lawful requirements and to deliver said proposed settlement agreement to the Governor's Office for Small Cities in order to preserve integral grant funding for the proposed Schodack Landing sewage collection system, and

BE IT FURTHER RESOLVED that the Town Board authorizes Supervisor Secor to execute the Settlement Agreement and Stipulation of Discontinuance in the matter of Town of Schodack -v- Village of Castleton-on-Hudson as agreed by and between the Town and Village.

2004-424)

Authorize Town Clerk to publish legal notice of a hearing to seek public input into the negotiated terms and conditions of the 2004 Joint Sewer Agreement by and between the Town of Schodack and Village of Castleton-on-Hudson with a term of Fifteen (15) years. Said hearing to be held on Tuesday, November 30, 2004 at the Auditorium at Maple Hill High School at 7 p.m.

2004-425)

WHEREAS, the Town Board of the Town of Schodack by resolution 2004-252 adopted a $2,500 sewer connection fee effective January 1, 2005, and

WHEREAS, the Town has negotiated in good faith with the Village of Castleton-on-Hudson the terms and conditions of the 2004 Joint Sewer Agreement which allows for expansion of sewage treatment services to additional areas of the Town, and

WHEREAS, Sewer District No. 1 was made a part of the area served by the wastewater treatment facility since its construction and paid $52,616.86, representing Twelve Percent (12%) of the cost of construction not reimbursed to the Village by grant funding,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack does hereby allocate $500 of its $2,500 Sewer Connection Fee to Sewer District No. 1 to be dedicated to reduce its operation and maintenance costs until otherwise changed by resolution of the Town Board.

Resolutions of the Town Board, 4 November 2004

2004-418)

Authorize Jeffrey J. Conlin and Gary Ziegler, Building Inspectors to attend 4 hours of New York State certified Code Enforcement In-Service Training addressing Special Inspection Requirements and Aisle Accessways in Groups B, M and A Occupancies, Thursday November 18, 2004 at the Italian American Community Center, in Albany, New York, with the cost of $20 per person. Appropriate expenses to be borne by the Town.

2004-419)

Appoint Patricia A. Zagraniczny and Brian R. Goetke as part-time Data Collectors at the hourly rate of $12.

2004-420)

Authorize the Town Clerk to publish legal notice to rebid the replacement project of Knickerbocker Road Bridge. Bids to be opened in the office of the Town Clerk on December 1, 2004 at 11 a.m.

2004-421)

Rescind adopted Resolution 2004-390 to authorize the Town Clerk to Publish legal notice to public hearing to be held on November 18, 2004 relative to proposed local law number 8 to amend Chapter 219 of the Code of the Town of Schodack to change the Zoning Map.

2004-422)

WHEREAS, the Town Board met on Thursday, November 4, 2004 at the Schodack Town Hall, as specified in the Notice of Public Hearing for the 2005 Preliminary Budget, with said notice appearing in the October 29, 2004 edition of The Record, and was posted on October 27, 2004, and

NOW, THEREFORE, BE IT RESOLVED, that the 2005 Preliminary Budget, as amended and revised, and as hereinafter set forth is hereby adopted.

Resolutions of the Town Board, October 25, 2004

2004-382)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District No. 1 (Clearview), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and

WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 and held open until the 25th day of October, the time and place specified in said notice and heard and considered all objections to said assessment roll,

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed and adopted as amended on October 25, 2004 and filed in the office of the Town Clerk of the Town of Schodack.

2004-383)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District No. 3 (Maplecrest), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and

WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 and held open until the 25th day of October, the time and place specified in said notice and heard and considered all objections to said assessment roll,

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed and adopted as amended on October 25th, 2004 and filed in the office of the Town Clerk of the Town of Schodack.

2004-384)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District No. 5 (Exit 10), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and

WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 and held open until the 25th day of October 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed and adopted as amended on October 25th, 2004 and filed in the office of the Town Clerk of the Town of Schodack.

2004-385)

Authorize Elizabeth Gable, Zoning Board of Appeals Chairperson, to attend the Capital District Regional Planning Commission Workshop, November 5, 2004 at Hudson Valley Community College, in Troy, New York, with cost of $25 per person, and appropriate expenses to be borne by the Town.

2004-386)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for a public hearing to be held by said Town on October 25, 2004 at 7:45 p.m. at the Schodack Town Hall to hear all interested parties on proposed Local Law No. 7 of 2004 (P7-04), pursuant to amending Article XIII of the Code of The Town of Schodack to allow continued use of non-conforming, non-accessory, off-site advertising signs, including but not limited to billboards, for a period of five (5) years after the effective date of this Local Law and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on October 15, 2004 and advertised in the October 19, 2004 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, notice and a copy of the proposed local law was provided to the municipalities adjacent to Town of Schodack and no comments received therefrom, and

WHEREAS, said public hearing was held on October 25, 2004, at 7:45 p.m. at the Schodack Town Hall and all parties in attendance were permitted an opportunity to speak on behalf of, or in opposition to, said proposed local law or any part thereof, and the Rensselaer County Economic Development and Planning reviewed proposed local law and has determined that the proposal does not have a major impact on County plans and that local consideration shall prevail, and

WHEREAS, the Planning Board of the Town of Schodack has reviewed the proposal and adopted a favorable recommendation, it is hereby

RESOLVED, that pursuant to part 617 of implementing regulations pertaining to Article 8, State Environmental Quality Review Act, it has been determined by the Ton that it is the lead agent and that adoption of said proposed Local Law would not have a significant adverse impact upon the environment and that it issues a Negative Declaration and,

WHEREAS, the Town Board of the Town of Schodack, after due deliberation finds that it is in the best interest of the Town to adopt said local law,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby adopts Proposed Local Law No. 7 of 2004 (P7-04) to be known as Local Law No. 6 of 2004 entitled "Nonconforming Uses, Lots and Structures" and

BE IT FURTHER RESOLVED, that the Town Clerk, be and is hereby directed to enter said local law into the Code of the Town of Schodack and to give due notice of said local law to the Secretary of State.

2004-387)

All Civil Service requirements having been met, appoint Officer Jonathon Reickert as Sergeant of the Town of Schodack Police Department, effective November 1, 2004, to be paid pursuant to the terms of the Collective Bargaining Contract and as adopted in the 2004 Town Budget.

2004-388)

WITHDRAWN:   WHEREAS, the Golf View Subdivision, developer Joseph Bove, having completed the infrastructure work required by the Schodack Subdivision Regulations on the road known as Prestwick Drive, and

WHEREAS, the Schodack Planning Board has adopted a resolution accepting the recommendation of the Town Engineer and Highway Superintendent that the road be accepted and dedicated as a Town Road contingent upon receipt of an updated title policy and posting of a maintenance bond for one year following dedication, and

WHEREAS, the developer, Joseph Bove, has requested release of his escrow account held by the Town

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the offer of dedication of Prestwick Drive and hereby accepts and dedicates the highway to be known as Prestwick Drive as a Town of Schodack Town Road contingent upon receipt of an updated title policy and posting of a maintenance bond for one year following dedication, and

BE IT FURTHER RESOLVED, to authorize Supervisor Secor to execute and file all necessary documents, to pay appropriate filing fees, and to release Eighty-Five Thousand Dollars ($85,000) of said escrow account based on the inspection and recommendation of Superintendent of Highways.

2004-389)

Authorize Supervisor Secor to execute 2004-2005 Snow and Ice Agreement with Rensselaer County Department of Engineering and Highways for reimbursement for Snow and Ice removal on Stony Point Road.

2004-390)

Authorize Town Clerk to publish legal notice of hearing to be held on November 18, 2004 at 8 p.m. at the Schodack Town Hall to seek public input relative to proposed local law number 8 to amend Chapter 219 of the Code of the Town of Schodack to change the Zoning Map.

2004-391)

Authorize Hanson VanVleet to assess, evaluate, and certify the impact of Spill #0408047 at the Lucey property, if any, to the Town Hall Well Field on a time and materials basis.

2004-392)

Authorize Supervisor Secor to reimburse Sergeant Joseph Belardo for College Tuition in the amount of $2458.50.

2004-393)

Authorize purchase of materials to complete project in Water District 2A as approved by Rensselaer County Health Department as designed by J. Kenneth Fraser & Associates in an amount not to exceed $110,000, which project shall be reimbursed as part of the DWSRF funding.

2004-394)

Accept the following quotes for removal of the former police station and the storage trailer:

DiTonno & Sons     $6,800 for removal of 2 trailers
Schodack Septic     $500 to locate and pump abandoned septic tank
Williams Scotsman Inc.     $2,035 for purchase of 40' x 8' container plus $150 for freight delivery

Resolutions of the Town Board, October 14, 2004

2004-357)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on October 14, 2004 at 8 p.m. at the Schodack Town Hall to hear all interested parties on proposed sewer rents for the year 2004 for Sewer district No. 1 and

WHEREAS, the Town Board caused due notice of the public hearing to consider said sewer rents to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 14th day of October 2004 in the time and place specified in said notice, and considered public comment on said sewer rents,

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 1 (Castleton/Castle Ridge) for 95 users shall henceforth be One Hundred Fifty Dollars ($150.00) per unit.

2004-358)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on October 14, 2004 at 8 p.m. at the Schodack Town Hall to hear all interested parties on proposed sewer rents for the year 2004 for sewer district No. 2 and

WHEREAS, the Town Board caused due notice of the public hearing to consider said sewer rents to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 14th day of October 2004 in the time and place specified in said notice, and considered public comment on said sewer rents,

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 2 (Castle Ridge) for 41 users shall henceforth be Two Hundred Fifty Dollars ($250.00) per unit

2004-359)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on October 14, 2004 at 8 p.m. at the Schodack Town Hall to hear all interested parties on proposed sewer rents for the year 2004 for sewer district No. 4 and

WHEREAS, the Town Board causes due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 14th day of October 2004 in the time and place specified in said notice, and considered public comment on said sewer rents,

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 4 (Brickyard) for 2 users shall henceforth be Two Hundred Sixty-Five Dollars ($265.00) per unit.

2004-360)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on October 14, 2004 at 8 p.m. at the Schodack Town Hall to hear all interested parties on proposed sewer rents for the year 2004 for sewer district No. 5 and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 14th day of October 2004 in the time and place specified in said notice, and considered public comment on said sewer rents,

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 5 (East Schodack) for 28 users shall henceforth be Two Hundred Sixty-two and 50/100 Dollars ($262.50) per unit.

2004-361)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on October 14, 2004 at 8 p.m. at the Schodack Town Hall to hear all interested parties on proposed sewer rents for the year 2004 for sewer district No. 7 and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 14th day of October 2004 in the time and place specified in said notice, and considered public comment on said sewer rents,

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 7 (Hamilton Printing) for 1 user shall henceforth be One Hundred Fifty Dollars ($150.00) per unit.

2004-362)

Accept offer from Steve Sevits to purchase Schodack Bicentennial mugs for fair market value which were declared surplus (resolution 2004-350) at the price of $1.62 per unit.

2004-363)

Authorize Supervisor Secor to execute a settlement agreement and full and final release of claims in the matter of Goldstein -v- Schodack (Article 7 of the Real Property Tax Law No. 41-0417-2003 (RJI).

2004-364)

WITHDRAWN: Authorize Supervisor Secor to reimburse Sergeant Joseph Belardo for College Tuition in the amount of $2, 573.50.

2004-365)

Adopt Road Salt Management Plan prepared by J. Kenneth Fraser and Associates, PE, LS, LA, P.C. dated October 2004. These Best Management Practices shall be followed by all Town Highway employees engaged in the spreading of road salt. The intent of this plan is to minimize fugitive road salt on the Town Highway Garage Site.

2004-366)

Authorize Supervisor Secor to execute proposal and authorize implementation of Task Orders 1, 2 and 3, per letter dated October 8, 2004 with Alpha Environmental Consultants, Inc. in an amount not to exceed $2,850.

2004-367)

WHEREAS, a petition for the extension of Water District No. 1 in the Town of Schodack, County of Rensselaer, New York, was presented to the Town Board; and

WHEREAS, the petition and associated map, plan and report were filed in the office of the Town Clerk; and

WHEREAS, the Town Board adopted an order that recited the filing of the petition, the proposed improvements, the boundaries and description of the proposed extension, the proposed method of financing, and the estimated costs of the improvements and all other matters required by law to be stated; and

WHEREAS, such order set September 9, 2002, at 7:45 p.m. at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York, as the time and place for a public hearing before all interested persons on the petition; and

WHEREAS, such order was posted and published as required by law; and

WHEREAS, the hearing on the petition was duly held on September 9, 2002, and all interested parties were heard; and

WHEREAS, an Environmental Assessment Form was duly prepared and reviewed by the Town Board pursuant to the State Environmental Quality Review Act ("SEQRA").

NOW, THEREFORE, IT IS HEREBY, RESOLVED AND ORDERED that: (a) the petition is signed and acknowledged or proved as required by law, it complies with the requirements of the Town Law as to sufficiency of signers and is otherwise sufficient; (b) all the property and property owners within the proposed extension are benefitted thereby; (c) all the property and property owners benefitted are included within the limits of the proposed extension; (d) the cost of the proposed improvements is to be assessed against the benefitted area and all real property to be so assessed will be benefitted by the proposed improvements and no benefitted property has been excluded; and (e) it is in the public interest to grant the relief sought in the petition and such will not constitute an undue burden on the property that will bear the cost thereof; and it is further

RESOLVED AND ORDERED, that the Town Board hereby declares itself lead agency pursuant to SEQRA, determines that the proposed extension of Water District No. 1 will not have a significant impact on the environment, and directs that a negative declaration be filed in accordance with applicable provisions of law; and it is further

RESOLVED AND ORDERED, that the extension of Water District No. 1 as proposed in the petition be approved, and that the extension shall be bounded and described as set forth in Schedule A, which is annexed hereto and made a part hereof; and it is further

RESOLVED AND ORDERED, that the proposed improvements shall be financed as follows: The improvements requested by the petition are the connection to an existing Town water main to serve the property within the extension. The maximum amount to be expended for the improvements as stated in the petition is One Dollar ($1.00). The owner of the property within the extension shall bear all costs of installation of water lines to connect to the existing Town water main; and it is further

RESOLVED AND ORDERED, that the Town Clerk shall cause copies of this Resolution and Order to be filed in accordance with applicable provisions of law.

2004-368

Authorize Supervisor Secor to execute contract with J. Kenneth Fraser and Associates per contract dated July 21, 2004 and further authorize the Study and Report Phase, Master Planning for development of water system, and Preliminary Design Phase for the Drinking Water State Revolving Fund (DWSRF) program at a cost not to exceed $119,000. Said engineering fees shall be reimbursed as part of the DWSRF funding.

2004-369)

WITHDRAWN: Authorize purchase of materials to complete project in Water District 2A as approved by Rensselaer County Health Department as designed by J. Kenneth Fraser and Associates in an amount not to exceed $110,000, which project shall be reimbursed as part of the DWSRF funding.

2004-370)

Authorize Town Clerk to publish legal notice for public hearing on extension of Water District 5 based on a petition of M. Cristo, Inc., owner of the former N. Storonske Cooperage on Kraft Road, to seek public input on Monday, October 25, 2004 at 7:30 p.m. at the Schodack Town Hall.

2004-371)

Authorize Jeff Conlin, Building Inspector, Gary Ziegler, Building Inspector, and Nadine Fuda, Zoning Officer, to attend the Capital District Regional Planning Commission Workshop, November 5, 2004 at Hudson Valley Community College, in Troy, New York, with cost of $25 per person, and appropriate expenses to be borne by the Town.

2004-372)

WHEREAS, it is the sense of the Schodack Town Board to act in accord with its longstanding traditions, honoring the achievements of those who have given so generously to their community, exemplifying the ideals and values cherished by this great Town, and

WHEREAS, Thomas Rabone has distinguished himself as a person of outstanding ability, establishing a high standard of integrity, and has imparted a sense of fairness, and compassion in his positions with the Schodack Central School District, and

WHEREAS, Thomas Rabone began his tenure at Maple Hill High School as Math and Science Coordinator on September 1, 1980, and become principal of the Maple Hill Middle School in July 1982 until his retirement in June, 2004, and

WHEREAS, Thomas Rabone was especially concerned about "at-risk students" and developed the Mentor Program to challenge these students to stay in school and learn life skills for a productive life, and

WHEREAS, Mr. Rabone's Mentor Program became a State and National model of excellence and a constant avocation for him to raise funding from local community groups and sharing information with educators and business groups in many areas, and

WHEREAS, Tom also served as the Vice President of the Schodack Business Association for more than ten years, always advocating for the needs of at-risk youth and developing a scholarship fund for college education and opportunities, and

WHEREAS, Mr. Rabone always had a special rapport with students, a twinkle in his eye that said he cared, and a ready smile to remedy even the most difficult of middle school situations, and

WHEREAS, Mr. Rabone was always at the schools for events and tirelessly seeking outside funding sources for programs at the school, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack does hereby pause in its deliberations to pay tribute to the career and caring of a special man, Thomas Rabone, on the occasion of his retirement from the Schodack Central School District for his noteworthy tenure with the District, additionally commending Mr. Rabone for his many accomplishments, especially the integrity, dedication and pride he nurtured in students of the District, and be it further

RESOLVED that the Town Supervisor forward a certified copy of this resolution suitably engrossed to Thomas Rabone.

2004-373)

Re-appoint Phillip Moldoff as a member of the Board of Assessment Review. Term to expire September 30, 2009.

2004-374)

WITHDRAWN: Re-appoint William Kayser as a member of the Board of Assessment Review. Term to expire September 30, 2007.

2004-375)

To adopt the following Building Department permit fees as recommended by the Building Inspector:

2004-376)

Authorize Town Clerk to publish legal notice of hearing to seek public input concerning proposed local law No. 7 relative to "Nonconforming Uses, Lots and Structures" to allow continued use of nonconforming, nonaccessory, off-site advertising signs, including but not limited to billboards, for a period of five (5) years after the effective date of this Local Law. Said hearing to be held on Monday, October 25, 2004 at 7:45 p.m. at Schodack Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson.

2004-377)

Authorize Town Clerk to publish legal notice of hearing to seek public input relative to the 2005 preliminary budget to be held on Thursday, November 4, 2004 at 7:00 p.m. at Schodack Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson.

2004-378)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of Sewer District No. 1 Capital Costs of the collection system and that portion of the non-reimbursed Capital Costs of the Castleton Sewage Treatment Facility and filed the same with the Town Clerk of the Town of Schodack on October 5, 2004, and

WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton, New York, on the 14th day of October, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed and adopted as originally proposed and filed in the office of the Town Clerk of the Town of Schodack.

2004-378)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of Sewer District No. 5 Capital Costs of the sewage collection system and improvements and filed the same with the Town Clerk of the Town of Schodack on October 5, 2004, and

WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton, New York, on the 14th day of October, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed and adopted as originally proposed and filed in the office of the Town Clerk of the Town of Schodack.

2004-379)

Approve Budget transfers and amendments submitted by the Comptroller.

2004-380)

Authorize payment of claims as submitted by the Comptroller.

Resolutions of the Town Board, September 27, 2004

2004-358))

Resolved that the employees of the Town of Schodack may, by written designation in a form to be provided by the Personnel Department, transfer sick time which they have accumulated to another designated employee in the Town of Schodack which said designated employee must use during the calendar year in which the time was transferred.

2004-359)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for a for public hearing to be held by said Town on September 27, 2004 at 7:30 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law No. 6 of 2004 (P6-04), to impose a surcharge pursuant to vehicle and traffic law § 1809-D and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk?s Sign Board on September 10, 2004 and advertised in the in the September 15, 2004 editions of THE RECORD, the September 17, 2004 edition of THE ADVERTISER, official newspapers of the Town, and was posted on the official sign board of the Town on September 10, 2004 and

WHEREAS, said public hearing was held on September 27, 2004 at 7:30 p.m. at the Schodack Town Hall and all parties in attendance were permitted an opportunity to speak on behalf of, or in opposition to, said proposed local law and any part thereof, it is hereby

RESOLVED, that pursuant to part 617 of the implementing regulations pertaining to Article 8, State Environmental Quality Review Act, it has been determined by the Town that it is the lead agent and that adoption of said proposed Local Law would not have a significant adverse impact upon the environment and that it issues a Negative Declaration and,

WHEREAS, the Town Board of the Town of Schodack, after due deliberation finds that it is in the best interest of the Town to adopt said local law,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby adopts Proposed Local Law No. 6 of 2004 (P6-04) which shall be know as Local Law No. 5 of 2004 imposing a surcharge of ten dollars ($10.00) pursuant to vehicle and traffic Law § 1809-D by the Town of Schodack, New York and

BE IT FURTHER RESOLVED, that the Town Clerk, be and is hereby directed to enter said local law into the Code of the Town of Schodack and to give due notice of said local law to the Secretary of State.

2004-360)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 1 (Clearview), and

WHEREAS, the Town Board causes due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said water rates,

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 1 (Clearview) shall henceforth be $40.00/18,000 gallons plus $1.00 for each additional 1000 gallons effective in the quarter beginning October 1st , 2004.

2004-361)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 2A (Inglewood), and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said water rates,

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 2A (Inglewood) shall henceforth be $100.00/18,000 gallons plus $4.50 for each additional 1000 gallons effective in the quarter beginning October 1st , 2004.

2004-362)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 2B (Oakwood), and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said water rates,

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 2B (Oakwood) shall henceforth be $65.00/18,000 gallons plus $4.50 for each additional 1,000 gallons effective in the quarter beginning October 1st , 2004.

2004-363)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 3 (Maplecrest), and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said water rates,

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 3 (Maplecrest) shall henceforth be $120.00/18,000 gallons plus $6.00 for each additional 1,000 gallons effective in the quarter beginning October 1st , 2004.

2004-364)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 4 (Golfview), and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said water rates,

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 4 (Golfview) shall henceforth be $345.00/18,000 gallons plus $10.00 for each additional 1,000 gallons effective July 7, 2004.

2004-365)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 5 (Exit 10), and

WHEREAS, the Town Board caused due notice of the public hearing to consider said water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said water rates,

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 5 (Exit 10) shall henceforth be $4.75/1,000 gallons effective in the quarter beginning October 1st , 2004.

2004-366)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said town on September 27, 2004 at 8:30 p.m. at the Schodack Town Hall to hear all interested parties on proposes sewer rents for the year 2004 for sewer district No. 6 and

WHEREAS, the Town Board caused due notice of the public hearing to consider said sewer rents to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004 in the time and place specified in said notice, and considered public comment on said sewer rents,

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 6 (Exit 10) shall henceforth be $8.97 per thousand gallons of chargeable metered water usage.

2004-367)

WITHDRAWN UNTIL 10/25/04: "WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District No. 1 (Clearview), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and
WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day of September 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,
NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed and adopted as amended on September 27th, 2004 and filed in the office of the Town Clerk of the Town of Schodack."

2004-368)

WITHDRAWN UNTIL 10/25/04: "WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District 2A (Inglewood), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and
WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day September, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,
NOW, THEREFORE, BE IT RESOLVED, that said assessment roll be and the same is hereby affirmed and adopted as amended on September 27th, 2004 and filed in the office of the Town Clerk of the Town of Schodack."

2004-369)

WITHDRAWN UNTIL 10/25/04: "WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District 2B (Oakwood), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and
WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day September, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,
NOW, THEREFORE, BE IT RESOLVED, that said assessment roll be and the same is hereby affirmed and adopted as amended on September 27th, 2004 and filed in the office of the Town Clerk of the Town of Schodack."

2004-370)

WITHDRAWN UNTIL 10/25/04: "WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District 3 (Maplecrest), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and
WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and
* WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day September, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,
NOW, THEREFORE, BE IT RESOLVED, that said assessment roll be and the same is hereby affirmed and adopted as amended on September 27th, 2004 and filed in the office of the Town Clerk of the Town of Schodack."

2004-371)

WITHDRAWN-NO CAPITAL DEBT: "WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District 4 (Golf View), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and
WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day September, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,
NOW, THEREFORE, BE IT RESOLVED, that said assessment roll be and the same is hereby affirmed and adopted as amended on September 27th, 2004 and filed in the office of the Town Clerk of the Town of Schodack."

2004-372)

WITHDRAWN UNTIL 10/25/04: "WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll in connection with the financing of improvements in Water District 5 (Exit 10), and filed the same with the Town Clerk of the Town of Schodack, on September 14, 2004, and
WHEREAS, the Town Board caused due notice of the completion of said assessment roll and of the time and place wherein the Town Board would meet and hear and consider any objections of said assessment roll, to be duly published according to law, and WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 27th day September, 2004, the time and place specified in said notice and heard and considered all objections to said assessment roll,
NOW, THEREFORE, BE IT RESOLVED, that said assessment roll be and the same is hereby affirmed and adopted as amended on September 27th, 2004 and filed in the office of the Town Clerk of the Town of Schodack."

2004-353)

Authorize Town Clerk to publish Legal Notice for bid for 500 Radio Read Water Meters and remote hand held computer including software. Delivery to be taken as follows: 175 meters and remote hand held with software on or before November 30, 2004. The price and quantity of meters and remote hand held software purchased by the Town after November 30, 2004, shall be based upon the estimated price at the time of the award for a contract period of two years. Bids to be opened October 26, 2004 at 10 a.m. at the office of the Schodack Town Clerk.

Resolutions of the Town Board, September 9, 2004

2004-326)

Authorize Supervisor Secor to execute applications for Rensselaer County funding for 2005 for Town youth recreation programs.

2004-327)

Authorize Town Clerk to publish legal notice of rebid of replacement project for Knickerbocker Road Bridge. Bids to be opened in the office of the Town Clerk on October 15, 2004 at 11 a.m.

2004-328)

To request New York Department of Transportation to conduct a study relative to the Funk Road speed limit.

2004-329)

WITHDRAWN FOR 9-27-04: Authorize Town Clerk to Publish Legal Notice for bid for 500 Radio Read Water Meters and remote hand held computer including software. Delivery to be taken as follows: 175 meters and remote hand held with software on or before October 31, 2004, 175 meters on or before April 1, 2005, 150 meters on or before December 1, 2005. Bids to be opened October 8, 2004 at 10 a.m. at the office of the Schodack Town Clerk.

2004-329)

INSERT: Authorize Town Clerk to publish legal notice of public hearing on sewer rents for Operation and Maintenance costs and the assessment rolls for the capital charges for Sewer District Numbers 1, 2, 4, 5 and 7. Said hearing shall be held on Thursday, October 14, 2004, at 8 p.m. at the Schodack Town Hall.

2004-330)

Authorize Supervisor Secor to issue Serial Bond for purchase of a 2004 IHC Dump Truck with attachments in the amount of $132,444.

2004-331)

Authorize Supervisor Secor to renew Bond Anticipation Note(BAN) in the amount of $89,116, dated October 15, 2004, for the following purposes:
$51,168 for 2001 IHC Truck (DB),
$37,948 for improvements to East Schodack Sewer District # 5 (SS5).

2004-332)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for a public hearing to be held by said Town of September 9, 2004 at 8 p.m. at the Schodack Town Hall to hear all interested parties on proposed Local Law No. 5 of 2004 (P5-04), entitled "A Local Law imposing a one-hundred eighty day moratorium on acceptable of adult use and adult and adult entertainment applications and approvals by the Town of Schodack, New York" and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on August 13, 2004 and advertised in the August 17, 2004 edition of THE RECORD, the August 20, 2004 edition of THE ADVERTISER, official newspapers of the Town, and

WHEREAS, said public hearing was held on September 9, 2004, at 8:00 p.m. at the Schodack Town Hall and all parties in attendance were permitted an opportunity to speak on behalf of, or in opposition to, said proposed local law or any part thereof, and the Local Law was approved by the Rensselaer County Department of Economic Development and Planning, and

WHEREAS, the Planning Board of the Town of Schodack has reviewed the proposal and adopted a favorable recommendation, it is hereby

RESOLVED, that pursuant to part 617 of the implementing regulations pertaining to Article 8, State Environmental Quality Review Act, it has been determined by the Town that it is the lead agent and that adoption of said proposed Local Law would not have a significant adverse impact upon the environment and that it issues a Negative Declaration and,

WHEREAS, the Town Board of the Town of Schodack, after due deliberation finds that it is in the best interest of the Town to adopt said local law,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby adopts Proposed Local Law No. 5 of 2004 (P5-04) to be known as Local Law No. 4 of 2004 entitled "A Local Law imposing a one-hundred eighty day moratorium on acceptable of adult use and adult and adult entertainment applications and approvals by the Town of Schodack, New York" and

BE IT FURTHER RESOLVED, that the Town Clerk, be and is hereby directed to enter said local law into the Code of the Town of Schodack and to give due notice of said local law to the Secretary of State.

2004-333)

Authorize Sergeant Barry Secor, to attend the Drug Abuse Resistance Education (D.A.R.E) Training Instructor Seminar, September 20 through October 1, 2004 in Binghamton, New York with evening meal expenses to be borne by the Town. There is no other cost associated with the training.

2004-334)

Authorize Town Clerk to publish legal notice of public hearing to seek public comment on establishing Water User rates for District #4 (Golfview) to be held on Monday September 27, 2004 at the Schodack Town Hall at 8 p.m.

2004-335)

Appoint law firm of Girvin and Ferlazzo, P.C. as special Counsel in the matter of Pond View LLC -v- Town of Schodack for Preliminary Conference Stipulation and Order for Tax Year 2004/05.

2004-336)

Authorize Officer Stuart McKnight and Dispatcher Michelle Moore to attend the 2004 NYSPIN Advisory Committee Meeting and Training, November 4 and 5, 2004, in Albany, New York, with cost of $35 each with expenditure not to exceed $70 to be borne by the Town.

2004-337)

WHEREAS, The Highland Hills Subdivision, developer Victor Gush, having completed the infrastructure work required by the Schodack Subdivision Regulations on the roads known as Edinburgh Drive, Hunters Road and Scotland Lane, and

WHEREAS, the Schodack Planning Board has adopted a resolution accepting the recommendation of the Town Engineer and Highway Superintendent that the roads be accepted and dedicated as Town Roads contingent upon receipt of title policy, now

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the offer of dedication from Highland Hills Subdivision, developer Victor Gush, and hereby accepts and dedicates the highways to be known as Edinburgh Drive, Hunters Road, and Scotland Lane as Town of Schodack Town Roads contingent upon receipt of title policy, authorizing Supervisor Secor to execute and file all necessary documents and pay appropriate filing fees.

2004-338)

Authorize Kenneth Holmes, Superintendent of Highways, to purchase a Truck Mounted Material Conveyor (Shoulder Machine) for a cost not to exceed $9,500, which is less than budgeted.

2004-339)

Authorize Supervisor Secor to execute the Program Annual Report from the State of New York Office of Children and Family Services for the year 2004 program.

2004-340)

WITHDRAWN: Authorize J. Fraser and Associates, P.E., L.S., L.A., P.C. to proceed with task as outlined for Water District No. 3 for implementation of enhanced filtration and improved storage at a cost not to exceed $_________.

2004-341)

Authorize Lois R. Phillips, Esq., Town Attorney to prepare an agreement to allow excavation for and placement of water mains in easements granted previously to the town for the purpose of expansion of Water District No. 1, as designed by Clark Engineering in 2003 and as approved May 8, 2003 to accommodate, R. M. Lill, Inc., subsequent to verbal understanding of Supervisor Eileen Natoli and the Town Board. No written authorization has been granted. All Construction is to be supervised by appropriate Town Water operator and, as deemed necessary, J. Kenneth Fraser and Associates, P.E., L.S., L.A., P.C.

2004-342)

Authorize the Town Clerk to publish legal notice of public hearing to seek public comment on Proposed Local Law Number Six of 2004 to impose a surcharge pursuant to vehicle and traffic Law §1809-D by the Town of Schodack, New York with hearing to be held on Monday, September 27th , 2004 at the Schodack Town Hall at 7:30 p.m.

2004-343)

Authorize the Town Clerk to publish a notice for public hearings on proposed water rates for Operation and Maintenance costs and the assessment rolls for the capital charges for Water Districts Numbers 1, 2A, 2B, 3 and 5. Said hearings shall be held on Monday, September 27th, 2004 at 8 p.m. at the Schodack Town Hall.

2004-344)

Authorize the Town Clerk to publish a notice for public hearings on sewer rent for Operation and Maintenance cost and the assessment rolls for capital charges for Sewer District Number 6. Said hearing shall be held on Monday, September 27th at 8:30 p.m. at the Schodack Town Hall.

2004-345)

Authorize purchase of water/sewer software billing program from SCA Software Consulting Services, Inc., for a cost not to exceed $9,000.

2004-346)

WITHDRAWN Appoint law firm of Timothy Nugent, Esq. as special Counsel in the matter of Engwer -v- Town of Schodack for Zoning Article ZI Signs §219-45 at an hourly of $150.

2004-347)

Authorize Supervisor Secor to reimburse Sergeant Joseph Belardo for College Tuition in the amount of $2,573.50.

2004-348)

To request New York Department of Transportation to conduct a study relative to the County Route 7 speed limit.

2004-349)

WHEREAS, Vehicle and Traffic Law §1803 governs the disposition of fines and penalties collected in connection with convictions pursuant to the Vehicle and Traffic Law; and

WHEREAS, Chapter 56 of the Laws of 2004, effective August 20, 2004, changed the distribution of the fines taking them away from municipalities and placing them in the State Treasury; and

WHEREAS, this change in the fine and penalties distribution formula will result in a loss to local taxpayers of more than $20 million in fine monies - monies which have historically been used to fund justice court operations; and

WHEREAS, the Town of Schodack will likely lose $140,000 in anticipated fine revenues; and

WHEREAS, this State Budget provision with its immediate effective date will result in significant 2004 deficits and will negatively impact Town property tax rates for 2005;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Schodack calls for the restoration of the original fine distribution formula in order to provide towns with necessary revenues to fund justice court operations; and

BE IT FURTHER RESOLVED, that the Town of Schodack urges the passage of legislation introduced by Senator Bonacic (S. 7757) and Assemblyman Cahill which amends the Vehicle and Traffic Law to restore this source of revenue to local governments; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor George E. Pataki, Joseph L. Bruno, Majority Leader of the Senate; Sheldon Silver, Speaker of the Assembly; Senator Elizabeth Little, Chair of the Local Government Committee; Assemblyman Robert Sweeney, Chair of the Local Government Committee; Senator Owen Johnson, Chair of the Finance Committee; Assemblyman Herman D. Farrell, Jr., Chair of the Ways and Means Committee; Senator John A. DeFrancisco, Chair of the Judiciary Committee; Assemblyman Helen E. Weinstein, Chair of the Judiciary Committee and Assemblyman Pat Casale.

2004-350)

Declare existing inventory of Town of Schodack Bicentennial mugs surplus and to authorize their disposal at the earliest opportunity.

2004-351)

Express gratitude to Carolyn Lipetz on behalf of the Town of Schodack and the Town Board for her years of dedicated service to the Parklands Committee on the occasion of her resignation from that group for health concerns. Carolyn has made a unique contribution since 1986 to the development of the Park we all now enjoy, and she, together with many Committee members, has worked tirelessly to achieve this noteworthy objective.

2004-352)

Approve Budget transfers and amendments submitted by the Comptroller.

2004-353)

Authorize payment of claims as submitted by the Comptroller.

Resolution of the Town Board, 30 August, 2004 Added, 31 Aug 04

2004-325)

Authorize Supervisor Secor to execute a settlement agreement and full and final release of claims in the matter of Roland K. Esolen and June A. Esolen, Plaintiffs -against - the Town of Schodack, New York; Sergeant James Morgan, Town of Schodack Police Department; Police Officer Brian Rossiter, Town of Schodack Police Department; and David Schindler, Chief of Police, Town of Schodack Police Department (Civil Action No. 01-CV-1299(GTE)).

Resolutions of the Town Board, Regular Meeting, 23 August, 2004

2004-318)

Authorize partial payment to Jenkins Excavating Inc. for Schodack Drive Water-main Replacement in the amount of $15,000.

2004-319)

Authorize Supervisor Secor to circulate Request for Qualifications and Request for Proposals relative to the Quality Communities Grant. Proposals to be received no later than September 24, 2004.

2004-320)

WHEREAS, it is the sense of the Schodack Town Board to act in accord with its longstanding traditions, honoring the achievements of those who have given so generously to their community, exemplifying the ideals and values cherished by this great Town, and

WHEREAS, James Canonica has distinguished himself as a person of outstanding ability, establishing a high standard of integrity, and has imparted a sense of fairness, and compassion in his positions with the Schodack Central School District, and

WHEREAS, James Canonica began his tenure at Maple Hill High School in September, 1966 as a Driver Education teacher, and

WHEREAS, Mr. Canonica can tell tales of wild drivers, close calls, dents, accidents, and religious pause in his duties as the Driver Education teacher, and

WHEREAS, James Canonica also coached the Boys' Varsity Baseball Team and became forever known as "Coach" to all within the school, and

WHEREAS, Coach's success with the Boys' Varsity Baseball team led to many Patroon Conference Championships and State semi-final games, and

WHEREAS, having had enough close calls in the Driver Education car, Coach became a full-time Physical Education teacher in 1972 and then as Athletic Director until 1997 when he retired for the first time, and

WHEREAS, Coach answered the pleas of the District to return as "part-time Athletic Director" in July 1999, a capacity he served in until June 2004, and

WHEREAS, Coach always had a special rapport with students, a twinkle in his eye that said he cared, and a ready smile to remedy even game day nerves, and

WHEREAS, Coach was always at the schools for sporting events of every variety, seeking outside funding sources for tournaments, special programs, Meet the Coaches Night, season wrap ups with special recognition for outstanding athletes, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack does hereby pause in its deliberations to pay tribute to the career and caring of a special man, James Canonica - Coach, on the occasion of his most recent retirement from the Schodack Central School District for his noteworthy tenure with the District, additionally commending Coach for his many accomplishments, especially the integrity, dedication and pride he nurtured in coaches, athletes and students of the District, and be it further

RESOLVED, that the Town Supervisor forward a certified copy of this resolution suitably engrossed to James Canonica.

2004-321)

Authorize Supervisor Secor to prepare and execute a letter to Thomas and Irene Brewer, now or formerly residing at 20 Timberledge, stating that in consideration for easements granted to the Town for drainage and other purposes that the Town waives water connection fee to property owned by the Brewers, their successors and/or assigns, located at 20 Timberledge.

2004-322)

WHEREAS, Town of Schodack herein called the "Applicant", after thorough consideration of the various aspects of the problems ana study of available data, has hereby determined that the project generally described as: New Storage, Extend Distribution, New System Consolidation and identified as Drinking Water State Revolving Fund (DWSRF) Project Number 17357 herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and

WHEREAS, the United States, pursuant to Title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act"), 42 U.S.C. §§300f. et seq., as amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the State before the state may receive capitalization grants under the Act; and

WHEREAS, the State of New York has, pursuant to Chapter 413 of