2005 Adopted Resolutions of the Town Board of Schodack, NY

Most recently adopted 2006 Resolutions may be found at adoptedBd.htm.
2004 Resolutions may be found in Jan-Jun 2004 and Jul-Dec 2004
2003 Resolutions may be found in 2003.

Action of the Town Board - December 29, 2005
The Town Board adopted the following resolutions at its December 29, 2005 meeting:

To authorize the Town Clerk to publish notice of public hearing relative to Proposed Local Law No. 1 of the laws of 2006 to be held on Thursday, January 12, 2006 at 7:30 p.m. at the Schodack Town Hall.

Withdrawn: WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on December 8, 2005 at 7:30 p.m. and continued on December 29, 2005 at 5 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law Number 11 of 2005 Regulating Adult Business in the Town of Schodack, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on November 16, 2005 and advertised in the November 17, 2005 edition of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town of Schodack on November 16, 2005, and

WHEREAS, said public hearing was held on December 8, 2005 at 7:30 p.m. and continued on December 29, 2005 at 5 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, 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 agency 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, that 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 Number 11 of 2005 (P11-2005) to be known as Local Law 12 of 2005 Regulating Adult Businesses in the Town of Schodack, 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 to said local law to the Secretary of State.

Town Board Members (4) $10,000.00
Town Justices (2) $24,720.00
Court Officer $    17.23/hour
Senior Court Clerk $    17.23/hour
Assistant Court Clerk $    12.03/hour
Assistant Court Clerk $    11.68/hour
Supervisor $53,560.00
Secretary to the Supervisor $32,500.00
Comptroller $47,380.00
Comptroller Assistant $    21.86/hour
Special Projects Accountant $    21.86/hour
Receiver of Taxes $26,780.00
Deputy Tax Receiver $    13.39/hour
Budget Officer $ 6,010.00/annual
Assessor $45,414.80
Assistant Assessor $27,810.00
Data Collector (as needed) $    12.00/hour
Town Clerk $48,410.00
Deputy Town Clerk $36,705.05
Deputy Town Clerk $27,810.00
Attorney to the Town $22,801.77
Personnel Administrator $36,050.00
Records Management $ 2,100.00
Buildings/Janitorial $    16.48/hour
Police Chief $60,810.26
Police Secretary/Dispatcher $27,810.00
Police Officers (part-time) $    15.00/hour
Police Dispatcher (part-time) $    10.30/hour
Animal Control Officer $12,488.79
Highway Superintendent $51,984.10
Deputy Highway Superintendent $ 3,546.67
Secretary to Highway Superintendent $    13.40/hour
Park Manager $ 6,400.42
Secretary to Park $    13.40/hour
Director of Youth & Recreation $ 8,855.12
Historian $ 1,200.00
Director of Transfer Station Operations $42,029.69
Recycling/Part Time $    18.58/hour
Recycling-Operator # 2 $    18.58/hour
Landfill-Operator # 2 $    18.58/hour
Landfill-vacation Coverage $    18.58/hour
Water/Sewer Manager (B,SW & SS funds) $38,381.15
Building Inspector $47,380.00
Building Inspector $45,405.03
Secretary to the Building Inspector $30,000.00
Code Enforcement Officer $18,540.00
Registrar of Vital Statistics $ 1,000.00
Registrar of Vital Statistics # 2 $ 1,000.00
Director of Zoning $16,462.45
Secretary to Zoning $ 4,944.00
Zoning Board Attorney $ 8,598.89
Zoning Board Chairperson $ 1,500.00
Zoning Board members (each) $ 1,000.00
Assistant Director to Planning & Zoning $ 5,150.00
Director of Planning $24,693.68
Secretary to Planning $ 7,416.00
Planning Board Attorney $21,218.00
Planning Board Chairperson $ 4,000.00
Planning Board Members (each) $ 2,500.00

Organizational Meeting of the Town Board will be held January 3 2005 at 7 p.m. at the Schodack Town Hall at 1777 Columbia Turnpike.

Full-time employees (non-union) shall be given the following holidays for the year 2006:

Institute a per diem payment policy for members of the Planning Board and Zoning Board of Appeals and instruct Assistant Director to have vouchers executed by members of the respective Boards at each meeting attended.

Amend Town of Schodack Personnel Policy and Procedure Manual Addenda Resolution 2000-309 as follows:

Section IX of the Town of Schodack Personnel Policy and Procedure Manual shall be amended to add section (3) as follows:

Weekday	Date	Holiday
Monday	January 2	New Year's Day
Monday	January 16	Martin Luther King, Jr., Day
Monday	February 20	President's Day
Monday	May 29	Memorial Day
Tuesday	July 4	Independence Day
Monday	September 4	Labor Day
Monday	October 9	Columbus Day
Friday	November 10	Veterans' Day
Thursday	November 23	Thanksgiving Day
Friday	November 24	Friday after Thanksgiving
Monday	December 25	Christmas Day
Tuesday	December 26	Tuesday after Christmas

WHEREAS, M. Cristo Inc. posted a bond for Fifteen Thousand Dollars ($15,000) on November 24, 2004, and

WHEREAS, Michael P. Cristo, Jr., President of M. Cristo Inc., has requested release of his bond held by the Town, and

WHEREAS, M. Cristo Inc. having completed the installation of water line at 2425 Kraft Road, and having met the requirements of the Building, Water and Highway departments

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack directs the Town Clerk's office to release said bond of Fifteen Thousand Dollars ($15,000).

Authorize Supervisor Secor to execute Agreement for Grant Application Preparation for 2005 Shared Municipal Services Grant Application with J. Kenneth Fraser and Associates, PE, LS, LA, P.C. for an amount not to exceed $3,900.

Authorize Supervisor Secor to pay on or after January 1, 2006, Michael V. Thoma, Jr., and Brenda B. Thoma, Violet S. O'Neil and Joseph T Stollsteimer, plaintiffs, Two Thousand Dollars ($2,000) each, for a total of $6,000, as damages in accordance with the Stipulation of Settlement entered into on October 6, 2004 as negotiated settlement of litigation in Supreme Court, County of Rensselaer in the Matter of Thoma, et al. -v- The Town of Schodack.

To retain J. Kenneth Fraser and Associates to complete the Study and Report (Task order A) to improve the water system in Water District No. 1 (Clearview), extend the district to serve new customers along VanHoesen Road and Reservoir Road, and interconnect the system with the Village of Castleton water system at the Village's raw water storage tank for an amount not to exceed $10,000. Financial assistance for this Project is expected to be provided by New York Drinking Water State Revolving Fund.

WHEREAS, the Town of Schodack as lead applicant and the Town of East Greenbush as co-applicant will submit a 2006 Shared Municipal Services Grant Application in an effort to receive funding from the New York State Department of State to prepare a feasibility and engineering report to support the proposed purchase of Evergreen Country Club in the Town of Schodack and Pheasant Hollow Golf Course in the Towns of East Greenbush and Schodack; and

WHEREAS, the Town of Schodack and the Town of East Greenbush will provide a required ten (10) percent cash match to funding received from the New York State Department of State;

WHEREAS, the Town of Schodack agrees to hire the firm of J. Kenneth Fraser and Associates, PE, LS, LA, P.C. of Rensselaer, New York to prepare the application.

THEREFORE BE IT RESOLVED THAT, the Schodack Town Board authorizes the Town Supervisor to submit the said application with the Town of East Greenbush.

Authorize the following individuals for appointment to the Winter Youth Recreation Program, as recommended by the Director of Youth and Recreation:
Gymnastics Instructor: Barbara Matarese
Softball Instructor: Wes VanOrt
Counselors: Katie Valli
Brenna Mereness
Julie Matarese
Samantha Miller

Effective January 1, 2006, the Board resolves that the Supervisor and the Town Council shall continue to be eligible for the Town's Medical and Hospitalization Plan approved by the Town Board for the relevant time period for either individual, family or two-person coverage, provided that the Town Council members are responsible for 100% of the cost of said coverage under the Plan, and that the Supervisor shall be responsible for the same percentages of the cost of coverage as all non-union Town employees.

Authorize Comptroller to execute all amendments to minutes, budget transfers, budget amendments, inter-fund transfers, inter-fund payments, inter-fund loans, payment of inter-fund loans, interest on inter-fund loans deemed necessary and reasonable to maintain positive account balances and fund availability and to comply with the provisions of the 2005 and 2006 adopted Town of Schodack budgets; and, based on appropriation availability, all encumbrances as submitted to the comptroller by various departments.

The Town Board adopted the following resolution at its December 12, 2005 meeting:

A Resolution Authorizing Water Systems Improvement Including Development and Construction of Two(2) Production Wells, the Engineering and Design of a Permanent Pump Station, and Related Improvements to Supply Potable Water from the Town of Schodack's Well Field on NYS Route 150 to End Users (1) Located Near the Town of Schodack's Highway Garage and (2) Located within Additional Existing and Future Water Districts, the Users of Which will Benefit from the Construction of Said Improvements that Constitute Major Facilities in Accordance with Section 202-b of the Town Law, All as Presented at a Public Hearing Held on September 8, 2005, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $1,350,000 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor.

BE IT RESOLVED, by the Town Board of the Town of Schodack, Rensselaer County, New York (the "Town") (by favorable vote of not less than two-thirds of all the members of the Board) as follows:

Section 1. The class of objects or purposes (herein referred to as "purpose") to be financed pursuant to this resolution is water system improvements including the development and construction of two (2) production wells, the engineering and design of a permanent pump station, and related improvements to supply potable water from the Town's well field on NYS Route 150 to end users (1) located near the Town's Highway Garage and (2) located within additional existing and future water districts, the users of which will benefit from the construction of said improvements that constitute major facilities in accordance with Section 202-b of the Town Law, all as presented at a public hearing held on September 8, 2005. The estimated maximum cost of said purpose is $1,350,000.

Section 2. The Town Board plans to finance the total cost of said purpose by the issuance of serial bonds of the Town in an amount not to exceed $1,350,000, hereby authorized to be issued therefore pursuant to the Local Finance Law.

Section 3. It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 40 years.

Section 4. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

Section 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds by virtue of paragraph 9 of subSection d. of Section 107.00 of the Local Finance Law, with respect to all objects and purposes authorized to be financed hereby.

Section 6. The faith and credit of said Town are herby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 7. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, and 56.00, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and content, and the manner of execution of the same, of said serial bonds, and said bond anticipation notes, including the consolidation with other issues, and also the availability to issue bonds with substantially level or declining annual debt service, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town.

Section 8. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt obligations" in accordance with Section 265(b)(3) of the Code.

Section 9. Pending the sale of bonds herein authorized, the temporary use of funds from the Town's general fund, pursuant to the provisions of Section 165.10 of the New York Local Finance Law, is hereby authorized. The Town reasonably expects to reimburse itself from the proceeds of bonds or notes herein authorized for expenditures made for the purpose to be financed by this resolution prior to the issuance of such bonds or notes, and this resolution is intended to constitute a declaration of official intent to reimburse for the purposes of U.S. Treasury § 1.150-2.

Section 10. The Town has issued a negative declaration determining that the water systems improvement will not have a significant effect on the environment.

Section 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

Section 12. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the The Advertiser and/or Troy Record, each a newspaper having a general circulation in the Town of Schodack and hereby designated as the official newspaper of said Town for such publication.

Section 13. The firm Hiscock and Barclay, LLP is hereby appointed Bond Counsel of the Town in connection with the bonds and notes herein authorized.

The Town Board adopted the following resolutions at its December 8, 2005 meeting:

Retain Timothy Nugent, Esq. of the Nugent Law Firm to appeared as special counsel with Jeffrey Conlin and Gary Ziegler, Building Inspectors, in the matter of Camelot -v- Engwer at an hourly rate of $125.

Authorize Building, Planning and Zoning Departments to purchase BAS Integrated Property System software from BAS - Business Automated Systems in the amount of $3,250 pursuant to proposal and as budgeted.

Authorize Jeffrey Conlin, Building Inspector to attend New York State Building Officials Conference at the Turning Stone Resort in Verona, New York, February 7-10, 2006 with appropriate expenses and conference ($295) to be borne by the Town.

To authorize the Town Clerk to post the year-end meeting for Thursday, December 29, 2005 at 5 p.m. at the Schodack Town Hall.

WITHDRAWN: 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 December 8, 2005 at 7:30 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law Number 11 of 2005 Regulating Adult Business in the Town of Schodack, and

WHEREAS, said public hearing was held on December 8, 2005 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 or any part thereof, it is hereby

WHEREAS, that 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,

Authorize Lawlor Construction to construct wall and necessary appurtenances at Town Hall for an amount not to exceed $2,500.

Accept with regret the retirement of Richard Pearce from the Planning Board effective December 31, 2005. Mr. Pearce's expertise, dedication and guidance will be sorely missed.

WITHDRAWN: Authorize payment to M. Cristo, Inc. for the demolition of building at 177 North Schodack Road Tax Map No. 180.-1-27 and authorize the Comptroller to issue invoice to property owners for reimbursement of all charges.

Amend resolution 2005-319 as adopted on September 8, 2005 to reflect only authorization of design and fabrication by Metropolitan Industries, Inc., of one (1) prefabricated water pumping station rather than an amendment to Contract No. 1 Highway Garage Water System for inclusion as a change order with Florida Gulf Construction d/b/a Cranbrook Construction Co., Inc. and to repeal Resolution 2005-457 as adopted on November 28, 2005 as amendment to said change order.

Authorize installation of pre-fabricated water pressure boosting pump station and performance of all specified work for site preparation for inclusion as Change Order No. 1 with Florida Gulf Construction, Inc., d/b/a Cranbrook Construction Co., Inc., for an amount not to exceed $128,000 for all services rendered. Funding for Contract No. 1, including said pumping station, and other associated fixtures and appurtenances, was approved by the Town Board at its August 22, 2005 meeting.

Authorize Florida Gulf Construction, Inc., d/b/a Cranbrook Construction Co., Inc., to furnish and install temporary well pumps at the Town Hall Well Field on Route 150, along with permanent well field piping, gravel fill, pump controls, electric service, electrical work including standby generator and associated work required to connect two existing wells into the Highway Garage Area Water System for inclusion as Change Order No. 2 for an amount not to exceed $188,000 for all services rendered. Funding for Contract No. 1, including said temporary well pumps and other associated fixtures and appurtenances, was approved by the Town Board at its August 22, 2005 meeting.

Authorize Sharon Martin, Sole Assessor, to execute letter of intent with Bowne Management Systems, Inc., in conjunction with the Towns of East Greenbush and Sand Lake to allow Bowne to prepare an application for a grant to enable taxpayers to gain access to parcel level data and sales information. It is understood that the application shall be prepared at no cost to the Town and does not create a future obligation to undertake this program in the event funding is not available.

Amend resolution 2005-365 as adopted September 26, 2005 to reduce the assessment roll for tax map # 210.-7-58/New York State Department of Transportation I-90 Rest Area from five (5) capital units to 2.62 capital units and authorize Town Clerk to send certified resolution to Rensselaer County.

Actions of the Town Board - 28 Nov
The Town Board adopted the following resolutions at its November 28, 2005 meeting:

Resolved that the Assessor, Sharon Martin and the Assistant to the Assessor, Karen Justus, be paid a stipend in the amount of $1,500 each for the administration of the STAR Program for the year 2005 from monies received by the Town from the NYS STAR Program.

Authorize J. Kenneth Fraser and Associates to proceed with Task Order Number 3 to provide engineering services to prepare a Map, Plan and Report for extension of Water District 5 in an amount not to exceed $5,300.

Authorize Gary Ziegler, Building Inspector, to attend Northern Adirondack Code Enforcement Officials Association Annual Conference, February 26 through March 2, 2006 in Lake Placid, New York with appropriate expense and conference ($240) to be borne by the Town.

Pursuant to Vehicle and Traffic Law § 1660 authorize Highway Superintendent Holmes to post weight limit signs on Kingman, Sunset, and Schuurman Roads.

WHEREAS, Raymond W. Lemka has demonstrated an intense interest in his community and has attended Town Board meeting over five decades,

WHEREAS, Ray was noticeable by his absence at the recent public hearing on 2006 Preliminary Budget, and

WHEREAS, it was subsequently determined that Ray Lemka was hiking through the Grand Canyon on a rigorous course,

NOW, THEREFORE, BE IT RESOLVED that the Town Board pauses in its deliberations to acknowledge Ray's accomplishment of conquering the Canyon.

Authorize Supervisor Secor to execute Grant of Easement WR#382105 by and between Town of Schodack and Niagara Mohawk Power Corporation/National Grid for installation of overhead wires for the Well Pump to be located on tax map number 189-10-6.

WHEREAS, Catseye Pest Control, Inc., has operated a commercial and residential pest control service at its business address of 776 County Route 7, East Schodack, New York; and

WHEREAS, Catseye Pest Control, Inc. employed six people in 2005, including four residents of Schodack and two within close proximity; and

WHEREAS, physical problems prevented Catseye Pest Control, Inc. From remaining at 776 County Route 7, East Schodack, New York, beyond 2005; and

WHEREAS, Catseye Pest Control, Inc. attempted to relocate in Schodack in 2005, and found satisfactory space at 31 Commercial Drive (Lot 10), Castleton, New York, which is also located in the Town of Schodack; and

WHEREAS, the Town Board has heard public comment that extraordinary circumstances existed to warrant the relocation of Catseye Pest Control, Inc. Into the Rensselaer County Empire Zone.

NOW, THEREFORE, BE IT RESOLVED that, contingent upon approval by the County of Rensselaer through the Empire Zone Program, the Town of Schodack consents to the relocation of Catseye Pest Control, Inc. from its current location in Schodack to the Rensselaer County Empire Zone, a portion of which is located in the Town of Schodack.

To authorize an amendment to Change Order No. 1, as approved by Resolution 2005-319, to allow Florida Gulf Construction, Inc., d/b/a Cranbrook Construction to commence site grading and preparation, rock excavation and foundation work in preparation for the booster pumping station on premised located at Tax Map No. 200.-7-27 on a labor and materials basis in an amount not to exceed $36,500.

The Town Board adopted the following resolutions at its November 14, 2005 meeting

WHEREAS, the Town Board of the Town of Schodack received (4) bids for Construction of New Town Highway Garage Contract No. 2G-General Construction, an

WHEREAS, the bids are as follows: Hoosick Valley Contractors, Inc., base bid in the amount of $1,511,811 plus alternate no. 1 in the amount of $12,941, for a total bid of $1,524,752; Zandri Construction Corporation, base bid in the amount of $1,622,000 plus alternate no. 1 in the amount of $21,000, for a total bid of $1,643,000; Jersen Construction Group, base bid in the amount of $1,687,000 plus alternate no. 1 in the amount of $9,000, for a total bid of $1,696,000; BCI Construction, Inc., base bid in the amount of $1,819,000 plus alternate no. 1 in the amount of $28,900, for a total bid of $1,847,900, an

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 Hoosick Valley Contractors, Inc., in the amount of $1,511,811 plus alternate no. 1 in the amount of $12,941 for a total of $1,524,752

WHEREAS, the Town Board of the Town of Schodack received (7) bids for New Highway Garage Contract No. 2E-Electrical Work, an

WHEREAS, the bids are as follows: Brownell Electric Corp., base bid in the amount of $149,450 minus alternate no. 1 in the amount of $1,500 for a total bid in the amount of $147,950; Harold R. Clune, Inc., base bid in the amount of $149,700 plus alternate no. 1 in the amount of $3,100 for a total bid in the amount $152,800; J. McBain Electric, Inc., base bid in the amount of $183,000 minus alternate no. 1 in the amount of $2,921 for a total bid in the amount of $180,079; FPI Electrical, Inc., base bid in the amount of $186,900 minus alternate no. 1 in the amount of $3,700 for a total bid in the amount of $183,200; Stilsing Electric, Inc., base bid in the amount of $198,470 which includes alternate no. 1 in the amount of $4,300 for a total bid in the amount of $198,470; Farina Electric, Inc., base bid in the amount of $204,880 minus alternate no. 1 of $1,000 for a total bid in the amount of $203,880; Clifford R. Gray, Inc., base bid in the amount of $232,400 minus alternate no. 1 in the amount $4,000 for a total bid in the amount of $228,400, 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 Brownell Electric Corp., base bid in the amount of $149,450 minus alternate no. 1 in the amount of $1,500 for a total bid in the amount of $147,950

WHEREAS, the Town Board of the Town of Schodack received (5) bids for New Town Highway Garage Contract No. 2H-HVAC Work, and

WHEREAS, the bids are as follows: Family Danz Heating and Air Conditioning, Inc., base bid in the amount of $256,168 plus alternate no. 1 in the amount of $1,000 for a total bid in amount $257,168; Eckert Mechanical Services Corp., base bid in the amount of $272,200 plus alternate no. 1 in the amount of $0 for a total bid in the amount of $272,200; Mazone Plumbing and Heating, Inc., base bid in the amount of $277,898 plus alternate no. 1 in the amount of $3,290 for a total bid in the amount of $281,188; Tougher Industries, Inc., base bid in the amount of $291,000 plus alternate no. 1 in the amount of $0 for a total bid in the amount of $291,000; J & K Plumbing and Heating Co., Inc., base bid in the amount of $303,000 plus alternate no. 1 in the amount of $10,000 for a total bid in the amount of $313,000, an

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 Family Danz Heating and Air Conditioning, Inc., base bid in the amount of $256,168 plus alternate no. 1 in the amount of $1,000 for a total bid in amount $257,168

WHEREAS, the Town Board of the Town of Schodack received (3) bids for New Town Highway Garage Contract No. 2P-Plumbing Work, and

WHEREAS, the bids are as follows: Tougher Industries, Inc., in the amount of $156,300; Mazone Plumbing and Heating, Inc., in the amount of $167,298; Burniche Piping Incorporated dba BPI Piping, in the amount of $174,800, an

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 Tougher Industries, Inc., in the amount of $156,300.

Authorize J. Kenneth Fraser and Associates to proceed with Construction Phase, Post Construction and Field inspection for New Highway Garage in an amount not to exceed $112,000.

Authorize Supervisor Secor to execute any and all bid awards and contracts related to the above-referenced awards

The Town Board adopted the following resolutions at its November 10, 2005 meeting:

WHEREAS, a map, plan and report relating to the establishment of proposed Town of Schodack Water District No. 8, entitled "Proposed Water System Improvements, Existing Water District No. 2A and Proposed Water District No. 8," dated April 2005 and prepared by J. Kenneth Fraser and Associates, in a manner and in such detail as determined by the Schodack Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12-A of the NYS Town Law; and

WHEREAS, Town Law Article 12-A authorizes the Town of Schodack to establish town water districts, which districts are further authorized to purchase water for resale within the district; and

WHEREAS, Resolution #2004-276, dated July 8, 2004, approved a Water Supply Agreement between the Towns of Schodack and East Greenbush for the sale of water to the Town of Schodack; and

WHEREAS, pursuant to said Water Supply Agreement, satisfactory and sufficient water is available to proposed Town of Schodack Water District No. 8; and

WHEREAS, Resolution #2004-368, dated October 14, 2004, authorized the preparation of the map, plan and report for proposed Town of Schodack Water District No. 8; and

WHEREAS, Resolution #2005-232, dated June 13, 2005, accepted the Town of Schodack Water District No. 8 map, plan and report, dated April 2005, prepared by J. Kenneth Fraser and Associates, which identified the proposed improvements, the boundaries and description of the proposed district, the proposed method of financing and the estimated costs of the improvements and all other matters required by law to be stated; and

WHEREAS, pursuant to the State Environmental Quality Review Act ("SEQRA") an Environmental Assessment Form was prepared by the Town of Schodack Town Board, the Town Board assumed lead agency for review of this project, and coordinated review was completed; and

WHEREAS, Resolution #2005-311, dated September 8, 2005, authorized the issuance of a Negative Declaration pursuant to SEQRA; and

WHEREAS, pursuant to Resolution #2005-408, dated October 13, 2005, the Town Clerk was authorized to publish legal notice of the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the office of the Town Clerk for public inspection, and stating all other matters required by law to be stated, and specifying November 10, 2005 as the date, at 7:30 p.m. on said day as the time, at the Schodack Town Hall, 1777 Columbia Turnpike, Castleton, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and

WHEREAS, the Schodack Town Board duly held a public hearing on November 10, 2005 at 7:30 p.m., at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, on the proposed establishment of said Town of Schodack Water District No. 8; now therefore, upon the evidence adduced at such public hearing, be it

BE IT RESOLVED, that the establishment of Town of Schodack Water District No. 8 as described and defined in the map, plan and report, entitled "Proposed Water System Improvements, Existing Water District No. 2A and Proposed Water District No. 8," dated April 2005 and prepared by J. Kenneth Fraser is approved, that the improvements be constructed when the required funds become available; and that the district shall be bounded and described in Exhibit A, which is annexed hereto and made a part hereof; and

BE IT FURTHER RESOLVED, that this resolution and order is subject to a permissive referendum as provided in section 209-e of the Town Law.

WHEREAS, John Mesick has served as a dedicated member of the Planning Board, with a brief hiatus, from the inception of zoning in the Town of Schodack in 1969, and

WHEREAS, as a child and young adult, John lived in the South Schodack area and developed a love of community and family, and

WHEREAS, John attended Pratt Institute becoming an architect in the late 1950's and is a principal in the firm of Mesick, Cohen, Wilson and Baker in Albany, New York, and

WHEREAS, John has a national reputation as a restoration architect and has contributed to the historic restoration projects of the following properties: New York Senate, State Houses of Vermont, Pennsylvania, and California, Blair House in Washington, D.C., Monticello (home of President Thomas Jefferson) and scores of historic mansions in Virginia, and

WHEREAS, John has been a self-less public servant exhibiting the rare combination of a brilliant mind, humility and utmost integrity, and

WHEREAS, John has chosen not to continue on the Planning Board beyond December 2005 at the conclusion of his current term of appointment,

NOW, THEREFORE, BE IT RESOLVED, that we salute John Mesick as one of Schodack's true human treasures and for his contributions to the Planning Board and the Town of Schodack.

Authorize Supervisor Secor to execute Change Order No. 1 and Certificate of Substantial Completion for the Knickerbocker Road Bridge over CSXT (B.I.N. 2267360, SEPC #01174) to decrease the contract sum by $70,564.32 to $988,664.68 as recommended by Spectra Environmental Group, Inc.

Pursuant to the recommendation of the Director of Planning and Zoning, authorize refund to Shane Cahill of application fees in the amount of $1,400 for proposed 14-lot subdivision on Route 150 (Planning Office file #58-2005), as the application has been withdrawn.

Authorize Town Clerk to publish legal notice of hearing to be held on Thursday, December 8, 2005 at 7:30 p.m. relative to Proposed Local Law No. 11 concerning A Local Law Regulating Adult Business in the Town of Schodack. Said hearing to be held at the Schodack Town Hall.

Authorize J. Kenneth Fraser and Associates to proceed with task orders 3 and 4 (Final Design and Bidding) as set forth in proposal dated August 10, 2005 for Contract No. 1 Highway Garage Area Water System to serve the Route 20 area in an amount not to exceed $46,000 as set forth in said task orders.

Authorize and direct Superintendent of Highways to post Reno Road for "No Thru Truck Traffic" as soon as practicable.

Authorize Supervisor Secor to sign appraisal contract with Upstate Appraisal Services, Inc. to appraise Tax Map Number 210-7-57 for an expenditure not to exceed $750.

WHEREAS, pursuant to Section 961 of the General Municipal Law, the county authorized, pursuant to Local Law No. 4 of the year 2002 [and this municipality concurred, pursuant to Resolution No. 2002-233], application by the County of Rensselaer for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on November 25, 2002; and

WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into three [or six] "distinct and separate contiguous" areas; the boundaries of said areas to be included in said Empire Zone within this municipality, more specifically described as

Being an irregular shaped parcel identified on the 2005 tax maps in the Town of Schodack, will be added to the Empire Zone, containing the following Tax Map Parcels 178. -12-22, 178. -12-24, 178. -12-25, 178. -12-26, 178. -12-27, 178. -12-29, 178.12-30, 178. -12-3.1, 178. -12-31, 178. -3-18, 178. -3-18, 178. -3-18, 178. -3-6.221, 178. -3-6.222, containing 127.16 contiguous acres, specifically being located at latitude 42 34 44.76/longitude 73 41 6.90 proceeding in a northeasterly direction, to a point located at latitude 42 34 48.24/longitude 73 41 2.61,
thence proceeding in a northern direction to a point located at latitude 42 34 49.23/longitude 73 41 2.57,
thence proceeding in an eastern direction to a point located at latitude 42 34 49.44/longitude 73 41 0.56,
thence proceeding in a northern direction to a point located at 42 34 50.43/longitude 73 41 0.39,
thence proceeding in a northeastern direction to a point located at latitude 42 34 51.99/longitude 73 40 55.54,
thence proceeding in a northeasterly direction to a point at latitude 42 34 52.89/longitude 73 40 50.82,
thence proceeding in a southwesterly direction to a point at latitude 42 34 48.32/longitude 73 40 50.56,
thence proceeding in a southern direction to a point located at latitude 42 34 14.80/73 40 47.57,
thence proceeding in a westerly direction to a point located at latitude 42 34 14.19/longitude 73 40 57.30,
thence proceeding in a northwestern direction to a point located at latitude 42 34 16.42/longitude 73 41 2.63,
thence proceeding to a point located at latitude 42 34 15.96/longitude 73 41 5.95,
thence proceeding in a northwestern direction to a point located at latitude 42 34 19.39/longitude 73 41 8.55,
thence proceeding southeasterly direction to a point located at latitude 42 34 17.95/longitude 73 41 12.21,
thence proceeding in a northwestern direction to a point located at latitude 42 34 20.68/longitude 73 41 14.28,
thence proceeding in a northeasterly direction to a point located at latitude 42 34 22.05/longitude 73 41 10.79,
thence proceeding in a northwesterly direction to a point located at latitude 42 34 24.21/longitude 73.41 12.31,
thence proceeding in a northeasterly direction to a point located at latitude 42 34 26.22/longitude 73 41 8.87,
thence proceeding in a northeasterly direction to a point located at latitude 42 34 27.52/longitude 73 41 9.68,
thence proceeding in a northwesterly direction to a point located at latitude 42 34 27.96/longitude 73 41 10.61,
thence proceeding in a westerly direction to a point located at latitude 42 34 27.84/longitude 73 41 15.83,
thence proceeding in a northern direction to a point located at latitude 42 34 28.63/longitude 73 41 15.87,
thence proceeding in a eastern direction to a point located at latitude 42 34 28.84/longitude 73 41 14.97,
thence proceeding in a northwestern direction to a point located at latitude 42 34 33.10/longitude 73 41 13.38,
thence proceeding in a northwestern direction to a point located at latitude 42 34 39.97/longitude 73 41 15.56,
thence proceeding in a northwesterly direction to a point located at latitude 42 34 40.65/longitude 73 41 13.59,
thence proceeding in a southeastern direction to a point located at latitude 42 34 37.11/longitude 73 41 5.84,
thence proceeding north to a point located at latitude 42 34 38.00/longitude 73 41 5.92,
thence proceeding in a northeasterly direction to a point located at latitude 42 34 41.46/longitude 73 41 6.39,
thence proceeding in a easterly direction to a point located at latitude 42 34 41.69/longitude 73 41 4.03,
thence proceeding in a southern direction to a point located at latitude 42 34 40.81/longitude 73 41 3.69,
thence proceeding in a northeasterly direction to a point at latitude 42 34 41.40/longitude 73 41 0.40, thence proceeding in a northerly direction to a point located at latitude 42 34 41.76/longitude 73 41 0.87,
thence proceeding in a northeastern direction to a point located at latitude 42 34 44.75/longitude 73 41 1.98,
thence proceeding in a northern direction to a point located at latitude 42 34 45.33/longitude 73 41 2.48,
thence proceeding in a western direction to a point located at latitude 42 34 45.91/longitude 73 41 4.62,
thence proceeding in a southern direction to a point located at latitude 42 34 45.25/longitude 73 41 4.41,
thence proceeding in a northern direction to the initial point of origination; and

WHEREAS, pursuant to Sections 957(d) and 961 of the General Municipal Law, the County of Rensselaer has proposed the redesignation of the existing Rensselaer County Empire Zone into six "distinct and separate contiguous areas," which will include the Town of Schodack; and

WHEREAS, such redesignation could greatly benefit the Town of Schodack in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for Schodack residents; and

WHEREAS, the Town of Schodack intends to authorize the submission of an application for the redesignation of areas within the Town of Schodack as an Empire Zone; and

WHEREAS, the County of Rensselaer wishes to redesignate certain areas within the Town of Schodack as part of the proposed Empire Zone; and

WHEREAS, the Town of Schodack is desirous of working with the County of Rensselaer through the Empire Zone Program to provide enhanced job opportunities for its residents; and

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack, New York, that it fully supports and concurs in the submission of an application by the County of Rensselaer for the redesignation of certain areas as an Empire Zone.

Authorize J. Kenneth Fraser and Associates to proceed with Bidding and Negotiating for New Highway Garage in an amount not to exceed $11,000.

Ratify and affirm authorizing purchase of parts and repair work to boiler by Barry Collins Heating, LTD at Property located at 3740 US Route 20 in an amount not to exceed $1,006.

The Town Board of the Town of Schodack determines that Town-owned real property located on Birch Street [Tax Map # 177.12-6-18], Town of Schodack, New York and known as the "Birch Street Lot" is no longer needed for Town purposes and further authorizes Supervisor Secor to make the property ready for sale and to advertise for bids to purchase said property, and further directs the offer of sale for said property for fair and adequate consideration, subject to permissive referendum.

The Town Board of the Town of Schodack determines that Town-owned real property located at 3740 US Route 20, Town of Schodack, New York and known as the "Poole property" is no longer needed for Town purposes and further authorizes Supervisor Secor to make the property ready for sale and to advertise for bids to purchase said property, and further directs the offer of sale for said property for fair and adequate consideration, subject to permissive referendum.

Rescind Resolution 2005-419 adopted on October 24, 2005 as it is inconsistent with the published legal notice of public hearing on November 10, 2005 at 7:30 p.m. relative to the proposed formation of Water District No. 8.

The Town Board adopted the following resolutions at its October 27, 2005 meeting:

Authorize Supervisor Secor to sign appraisal contract with Upstate Appraisal Services, Inc. To appraise Tax Map Number 177.12-6-18 for an expenditure not to exceed $375

That, with respect to the action entitled "In the matter of Ebel Corrugated Box Company -v- Board of Assessment Review of the Town of Schodack, et al.," filed in the Supreme Court of the County of Rensselaer, bearing index numbers 211969 and 215266, the Supervisor of the Town of Schodack has the authority to execute any and all documents necessary to effectuate a settlement reducing the Assessed Value of the real property from $822,000.00 to $750,000.00 for 2004 and 2005

Authorize Supervisor Secor to execute agreements with General Mechanical Services, Inc., for furnace inspection and maintenance for $380 and duct cleaning for $1,900 at the Town Hall

Authorize Supervisor Secor to execute contract with Barry Collins Heating, Ltd for boiler maintenance at 3740 US Route 20 in an amount not to exceed $531

Authorize Supervisor Secor to execute contract with Gracecom for new NEC Aspire telephone system for the Town Hall in an amount not to exceed $7,823.50

The Town Board adopted the following resolutions at its October 13, 2005 meeting:

Ratify and affirm Supervisor Secor's execution of Federal Equitable Sharing Agreement with Asset Forfeiture and Money Laundering Section, U.S. Department of Justice, Criminal Division dated September 20, 2005

WITHDRAWN: WHEREAS, the Town Board of the Town of Schodack received (4) bids for Construction of New Town Highway Garage Contract No. 2G-General Construction, and

WHEREAS, the bids are as follows: Hoosick Valley Contractors, Inc., base bid in the amount of $1,511,811 plus alternate no. 1 in the amount of $12,941, for a total bid of $1,524,724; Zandri Construction Corporation, base bid in the amount of $1,622,000 plus alternate no. 1 in the amount of $21,000, for a total bid of $1,643,000; Jersen Construction Group, base bid in the amount of $1,687,000 plus alternate no. 1 in the amount of $9,000, for a total bid of $1,696,000; BCI Construction, Inc., base bid in the amount of $1,819,000 plus alternate no. 1 in the amount of $28,900, for a total bid of $1,847,900, 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 _________ In the amount of $ _________ .

WITHDRAWN: WHEREAS, the Town Board of the Town of Schodack received (7) bids for New Highway Garage Contract No. 2E-Electrical Work, and

WHEREAS, the bids are as follows: Brownell Electric Corp., base bid in the amount of $149,450 plus alternate no. 1 in the amount of $1,500 for a total bid in the amount of $150,950; Harold R. Clune, Inc., base bid in the amount of $149,700 plus alternate no. 1 in the amount of $3,100 for a total bid in the amount $152,800; J. McBain Electric, Inc., base bid in the amount of $183,000 plus alternate no. 1 in the amount of $2,921 for a total bid in the amount of $185,921; FPI Electrical, Inc., base bid in the amount of $186,900 plus alternate no. 1 in the amount of $3,700 for a total bid in the amount of $190,600; Stilsing Electric, Inc., base bid in the amount of $198,470 plus alternate no. 1 in the amount of $4,300 for a total bid in the amount of $202,770; Farina Electric, Inc., base bid in the amount of $204,880 plus alternate no. 1 of $1,000 for a total bid in the amount of $205,880; Clifford R. Gray, Inc., base bid in the amount of $232,400 plus alternate no. 1 in the amount $4,000 for a total bid in the amount of $236,000, 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 _______________ In the amount of $ _______ .

WITHDRAWN: WHEREAS, the Town Board of the Town of Schodack received (5) bids for New Town Highway Garage Contract No. 2H-HVAC Work, 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 ____________ In the amount of $ ______ .

WITHDRAWN: WHEREAS, the Town Board of the Town of Schodack received (3) bids for New Town Highway Garage Contract No. 2P-Plumbing Work, 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 _______ In the amount of $ ______ .

WITHDRAWN: Authorize Supervisor Secor to advertise and negotiate for sale of real property located at 3740 U.S. Route 20 [Tax Map No. 201.-2-35].

WITHDRAWN: Authorize Supervisor Secor to advertise and negotiate for sale of real property located at Birch Street 0.58 acres [Tax Map No. 177.12-6-18].

WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and

WHEREAS, Rensselaer County, as an eligible municipality, received designation of an Economic Development Zone made up of sub-zones including portions of the Town and Village of Schacghticoke, Town of Schodack, Town of Brunswick, Village of Hoosick Falls, and Town of Petersburgh, and

WHEREAS, New York State has amended the Zones program to increase benefits and allow additional sub-zones, and

WHEREAS, Rensselaer County intends to revise the County Economic Development Zone boundaries (now referred to as Empire Zones) to encourage industrial and commercial development and to allow for the creation of an additional sub-zone in the Town of Schodack, and

WHEREAS, the Town of Schodack is committed to the development of new business within the proposed sub-zone, and

WHEREAS, the Town of Schodack wishes to support and concur with the Empire Zone revision application,

NOW, THEREFORE, BE IT RESOLVED that the Town of Schodack Board, in its capacity as governing body of the Town, does hereby support and concur with the Rensselaer Count Empire Zone revision application to expand the boundaries of the Empire Zone to include the properties more particularly described as follows:

Being an irregular shaped building footprint identified on the 2003 tax maps of the Town of Schodack as and contained within the following Tax Map Parcel(s): 210.-7-31.15 more specifically being located at a point beginning at latitude 42 30 19.91 & longitude 73 40 21.66, thence proceeding in a southeasterly direction to a point located at latitude 42 30 19.38 & longitude 73 40 21.13, thence proceeding southwesterly to a point located at latitude 42 30 18.48 & longitude 73 40 22.89, thence proceeding northwesterly to a point located at latitude 42 30 18.99 & longitude 73 40 23.37, thence proceeding in a northeasterly direction to the initial point of origination and consisting of _ 0.239 acres.

Being an irregular shaped building footprint identified on the 2003 tax maps of the Town of Schodack as and contained within the following Tax Map Parcel(s): 211.-2-15 more specifically being located at a point beginning at latitude 42 31 02.41 & longitude 73 37 06.44, thence proceeding southeasterly to a point located at latitude 42 31 02.26 & longitude 73 37 05.62, thence proceeding southerly to a point located at latitude 42 31 02.13 & longitude 73 37 05.64, thence proceeding southeasterly to a point located at latitude 42 31 01.86 & longitude 73 37 03.88, thence proceeding southwesterly to a point located at latitude 42 31 01.47 & longitude 73 37 03.97, thence proceeding northwesterly to a point located at 42 31 01.54 & longitude 73 37 04.54, thence proceeding southwesterly to a point located at latitude 42 31 01.16 & longitude 73 37 04.64, thence proceeding northwesterly to a point located at latitude 42 31 01.36 & longitude 73 37 05.94, thence proceeding northerly to a point located at latitude 42 31 01.78 & longitude 73 37 05.84, thence proceeding northwesterly to a point located at latitude 42 31 01.92 & longitude 73 37 06.59, thence proceeding in a northeasterly direction to the initial point of origination and consisting of _ 0.297 acres.

Authorize Sharon Martin, Sole Assessor to attend Appraisal Qualifying (AQ-1) 15 hour, course at Manfred Real Estate Learning Center, Albany, New York on December 19 and 20, 2005 at a cost of $200, plus appropriate expenses to be borne by the Town.

Ratify waiver of usual and customary fee for Brian Smart, Boy Scout Troop No. 522 Senior Patrol Leader, for a Building Permit for installation of a new deck at St. Stephen's Lutheran Church Sunday School, as part of his Eagle Scout project.

DEFEATED: Authorize one-time payment of $444.72 for reimbursement of cell phone damaged beyond repair in incident #2005-2977 (A#7539).

A Resolution Authorizing the Construction of a Highway Garage Building, and Related Improvements, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $2,500,000 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor.

Amend Resolution 2005-389 to provide that the Town Board of Schodack shall reconvene on October 24, 2005 to review the information, provided by Haas for the purpose of making a final determination pursuant to Town of Schodack Code Section 99.

Authorize Supervisor Secor to execute 2005-2006 Snow and Ice Agreement with Rensselaer County Department of Engineering and Highways for reimbursement for Snow and Ice removal on Stoney Point Road.

Authorize Partial Payment Estimate No. 1 to Cranbrook Construction Company for the work completed Contract No. 1 Highway Garage Area Water System in an amount not to exceed $323,800.84, contingent on receipt of documentation for Municipality's Minority and Women Business (M/WBE)and affidavit and certification of contractor as to payment of wages and subcontractors.

Authorize Payment Number 6 to Betty and Cring, LLC for Knickerbocker Road Bridge over CSXT, B.I.N. 2267360, SEPC# 01174, in the amount not to exceed $10,272.75

Authorize Payment progress bill number 3, CSX Transportation, CSX Project Number NY0123, Knickerbocker Road Bridge in an amount not to exceed $11,815.63.

Authorize Town Clerk to publish legal notice of permissive referendum pursuant to Section 35.00 of the Local Finance Law of the State of New York as relative to New Highway Garage.

Authorize Town Clerk to publish legal notice of public hearing for to seek public comment on Proposed Water District Number 8 to be held at November 10, 2005 at 7:30 p.m.

Authorize purchase of an easement in amount of $7,000 across the portion of the lands of Patricia Sweeney located at 4056 US Route 20, identified by Tax Map # 200-7-27.

Authorize payments of claims as submitted by the Comptroller, minus payment to Steve Roy in the amount of $444.72, Claim No. 824 to Thuillez, Ford, Gold, Johnson & Butler, LLP in the amount of $5,468.86 and Claim No. 865 in the amount of 214.50 to Rensselaer County Bureau of Research and Information Services which were all listed on Abstract AP1051015-Regular .

Authorize payment of Claim No. 824 to Thuillez, Ford, Gold, Johnson & Butler, LLP in the amount of $5,468.86 as listed on Abstract AP1051015-Regular .

Authorize payment of Claim No. 865 in the amount of 214.50 to Rensselaer County Bureau of Research and Information Services as listed on Abstract AP1051015-Regular.

The Town Board adopted the following resolutions at its September 26, 2005 meeting:

NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY:

Authorize Supervisor Secor to execute notice of intent and statement of charges as recommended by counsel.

Ratify and affirm amend Resolution 2005-256 to authorize Tiffany M. Kelly, Assistant Court Clerk, to attend New York State Magistrates Association Fall Conference September 25, through 28, 2005 in Niagara Falls, New York in place of Mandy Lyn Edwards.

WHEREAS, the Town of Schodack, County of Rensselaer, State of New York, being named a party to a legal action entitled: State of New York v. Erwin J. Passmann, The Town of Schodack, and the County of Rensselaer, having an Index Number of 214849; and

WHEREAS, the State of New York, Erwin J. Passmann, and the County of Rensselaer have proposed settlement of the legal action by the Town of Schodack for the sum of Three Thousand Two Hundred ($3,200.00) DOLLARS, to be paid to the State of New York by the Town of Schodack; and

WHEREAS, the Town of Schodack for reasons of efficiency and economy wishes to settle the legal action for the sum of Three Thousand Two Hundred ($3,200.00) DOLLARS, to be paid to the State of New York in exchange for a full release of the Town of Schodack by the State of New York, Erwin J. Passmann, and the County of Rensselaer and Stipulation discontinuing legal action of all parties against the Town of Schodack;

The Town accepts the settlement proposal of the State of New York and the County of Rensselaer in the sum of Three Thousand Two Hundred ($3,200.00) DOLLARS, and hereby authorizes the Town Supervisor to execute all of the appropriate documentation to effectuate the settlement of the legal action and to pay the State of New York in the sum of Three Thousand Two Hundred ($3,200.00) DOLLARS in settlement thereof.

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 September 26, 2005 at 8 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law 10 of 2005 (P10-05),

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on September 9, 2005 and advertised in the September 12, 2005 edition of THE RECORD, the official newspaper of the Town, and was posted on the official sign board of the Town on September 9, 2005, and

WHEREAS, said public hearing was held on September 26, 2005 at 8 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 agency 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. 10 of 2005 (P10-05) which shall be known as Local Law No. 8 of 2005 amending ARTICLE XIV "ADMINISTRATION AND ENFORCEMENT" of the Code of the Town of Schodack to provide that the Zoning Enforcement Officer is authorized to carry out all enforcement tasks and requirements set forth therein.

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 September 26, 2005 at 7:15 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law No. 7 of 2005 (P7-05), to amend Section 78-2 of the Code of the Town of Schodack to authorize the Zoning Enforcement Officer to issue appearance tickets,

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on September 9, 2005 and advertised in the September 12, 2005 editions of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town on September 9, 2005, and

WHEREAS, said public hearing was held on September 26, 2005 at 7:15 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

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 2005 (P7-05) which shall be known as Local Law No. 9 of 2005 amending Section 78-2 of the Code of the Town of Schodack to authorize the Zoning Enforcement Officer to issue appearance tickets,

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.

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 September 26, 2005 at 7:30 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law No. 8 of 2005 (P8-05),

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on September 9, 2005 and advertised in the September 12, 2005 edition of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town on September 9, 2005, and

WHEREAS, said public hearing was held on September 26, 2005 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 proposal local law and any part thereof, it is hereby

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. 8 of 2005 (P8-05) which shall be known as Local Law No. 10 of 2005 amending Section 219-79 of the Code of the Town of Schodack to provide that the Zoning Enforcement Officer shall participate in sketch plan conferences, and

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 September 26, 2005 at 7:45 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law No. 9 of 2005 (P9-05),

WHEREAS, said public hearing was held on September 26, 2005 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 and any part thereof, it is hereby

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 9 of 2005(P9-05) which shall be known as Local Law No. 11 of 2005 amending Section 219-87 of the Code of the Town of Schodack to authorize the Building Inspector to delegate inspection of site improvements to the Zoning Enforcement Officer and to require a written report of inspections,

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 26th day of September 2005 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) for 158 users shall henceforth be $55.00/18,000 gallons plus $4.50 for each additional 1,000 gallons effective in the quarter beginning October 1st, 2005.

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

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 2A (Inglewood) for 31 users shall henceforth be $100.00/18,000 gallons plus $4.50 for each additional 1,000 gallons effective in the quarter beginning October 1st, 2005.

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

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 2B (Oakwood) for 55 users shall henceforth be $65.00/18,000 gallons plus $4.50 for each additional 1,000 gallons effective in the quarter beginning October 1st, 2005.

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

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 3 (Maplecrest) for 44 users shall henceforth be $150.00/18,000 gallons plus $0.00 for additional gallons effective in the quarter beginning October 1st, 2005.

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 2005 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) for 20 users shall henceforth be $300.00/18,000 gallons plus $10.00 for each additional 1,000 gallons effective in the quarter beginning October 1st, 2005.

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

NOW, THEREFORE, BE IT RESOLVED, that the water rates for Water District No. 5 (Exit 10) for 31 users shall henceforth be $4.75/1,000 effective in the quarter beginning October 1st, 2005.

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 26, 2005 at 8:30 p.m. at the Schodack Town Hall to hear all interested parties on proposes sewer rents for the year 2005 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

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 1 (Castleton/Castle Ridge) for 96 users shall henceforth be $150.00 semi-annual rate per unit.

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

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 2 (Castle Ridge) for 47 users shall henceforth be $250.00 semi-annual rate per unit.

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 26th day of September 2005 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 $265.00 semi-annual rate per unit.

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

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 5 (East Schodack) for 28 users shall henceforth be $262.50 semi-annual rate per unit.

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

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 6 (Exit 10) for 14 users shall henceforth be $8.22 per thousand gallons of chargeable metered water usage.

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

NOW, THEREFORE, BE IT RESOLVED, that the sewer rents for Sewer District 7 (Hamilton Printing) for 1 user shall henceforth be $150.00 semi-annual rate per unit.

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 12, 2005, 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 26th day of September 2005, 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 26th, 2005 and filed in the office of the Town Clerk of the Town of Schodack.

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 12, 2005, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton-on-Hudson, New York, on the 26th day September, 2005, 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 26th, 2005 and filed in the office of the Town Clerk of the Town of Schodack.

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 12, 2005, and

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 12, 2005, and

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 12, 2005, and

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 12, 2005, and

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 September 12, 2005, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton, New York on the 26th day of September, 2005, 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.

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. 2 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 September 12, 2005, and

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.

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. 4 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 September 12, 2005, and

NOW, THEREFORE, BE IT RESOLVEDNOW, 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.

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 September 12, 2005, and

WHEREAS, the Town Board did meet at the Town Hall, 1777 Columbia Turnpike, Castleton, New York , on the 26th day of September, 2005, 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.

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. 7 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 September 12, 2005, and

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.

To request New York State Department of Transportation to conduct a traffic safety evaluation of the posted 30 mph speed limit on Reno Road and to urge continuation fo said reduced speed.

Appoint John Hoyt as a part-time park attendant, at the hourly rate of $10.46 for a maximum of ten hours weekly effective October 1 until October 16, 2005.

Amend Resolution 2005-051 to establish the mileage rate of 48.5 cents per mile, retroactive to September 1, 2005 and for the remaining calendar year of 2005.

Authorize Supervisor Secor to execute Governor's Office for Small Cities, 2005 Community Development Block Grant Agreement for award in the maximum amount of $400,000.

Authorize Supervisor Secor to attend Governor's Office for Small Cities 2005 Annual Community Development Conference Tuesday, October 11, 2005 through Thursday, October 13, 2005 in Niagara Falls, New York with appropriate expense to be borne by the Town and to obtain an advance of expenses of $200 as provided under Section 77-b of the General Municipal Law in subsection 6.

Authorize Supervisor Secor to execute agreement, as advised by J. Kenneth Fraser and Associates, PE, LS, LA, P.C. to reimburse Cranbrook Construction Company $2,600 for obtaining Surety Bond as required by New York State Department of Transportation for work to be done in their right-of-way.

Ratify and affirm Supervisor Secor's authorization for Hartgen Archeological Associates, Inc. Phase II Archeological Site Investigation Highway Garage Area Water for an addition cost not to exceed $1,349, for their expedient additional staffing, stipulating that scope of services must be completed by October 1, 2005.

Authorize Marcia Albert, Police Dispatcher and Stuart McKnight, Police Officer to attend NYSPIN Advisory Committee Meeting November 3rd and 4th , 2005 at the Holiday Inn in Albany, New York at a cost of $35 per person with appropriate expenses to be borne by the Town.

Authorize Donna Conlin, Town Clerk, Karen Vecchione, Deputy Town Clerk and Diane Hutchinson, Historian to attend the Annual Capital Region Archives Meeting on October 6, 2005 to be held at the Italian Community Center, Albany, New York at the cost of $30 each with appropriate expenses to be borne by the Town.

Authorize Karen Vecchione and Lois Ciccolella, Deputy Town Clerks to attend the State Comptroller's Teleconference regarding Records Management on October 18, 2005 at the cost of $15 each with appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to sign appraisal contract with Upstate Appraisal Services to appraise a portion of tax map # 200-7-27 relative to US Route 20 Water system, for an expenditure not to exceed $700.

Authorize Supervisor Secor to negotiate contract with Patricia Sweeney in regard to a portion of tax map #200-7-27 relative to US Route 20 Water System.

Authorize Supervisor Secor to execute contract with EAC Operations, Inc., dated September 22, 2005, relative to terms and conditions for solid waste handling with a five-year agreement MSW at the eco/B3 transfer station in Canaan, New York at a disposal fee of $71 per ton adjusted annually by consumer price index . Pricing is based on an estimate of seven hundred fifty tons per year. [Bulky Demolition and C&D waste from the Town's three day cleanup up to one hundred tons per year disposal fee of $71 per ton and quantities in excess of one hundred tons, at a disposal fee of $76 per ton. Rimless tires not greater than 24.5 inches and oversized tires cut into pieces comparable to the measurements of a typical car tire at a disposal fee of $71 per ton, effective immediately.]

WHEREAS, a Notice of Violation dated April 13, 2005 was issued by the Town of Schodack Building Department against John Haas regarding unsafe and hazardous conditions at the premises located at 76 Washington Avenue, pursuant to the Town of Schodack Code section 99; and

WHEREAS, on September 26, 2005 the Town of Schodack, held a hearing pursuant to the Town of Schodack Code Section 99-2 to determine whether Notice of Violation and Order dated April 13, 2005 issued by the Town of Schodack Building Department directed to Jon Haas regarding the premises at 76 Washington Avenue, has been complied therewith; and

WHEREAS, the Town Board of the Town of Schodack has determined that further information is necessary to make a final decision and resolution regarding whether John Haas has substantially complied with the Notice of Violation and Order dated April 13, 2005 issued by the Town of Schodack Building Department;

AND BE IT FURTHER RESOLVED, that the Town Board of Schodack will reconvene on October 13, 2005 to review the information, provided by Haas for the purpose of making a final determination pursuant to Town of Schodack Code Section 99.

At a special meeting on September 16, 2005, the following resolutions were adopted by Councilmen Curtis, Young and Ziegler with the Supervisor:

Authorize construction of improvements in Water District 2A and along Inglewood Road as described in Report of J. Kenneth Fraser and Associates dated April 2005 entitled "Proposed Water System Improvements, Existing Water District 2A and Proposed Water District No. 8."

A Resolution Authorizing Improvements to Water District 2A, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an aggregate Principal Amount Not to Exceed $268,000 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor.

A Resolution Authorizing Water System Improvements and Related Roadway Restoration, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $160,000 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor.

WHEREAS, the Town Board of the Town of Schodack received (1) bid for Water District 2A and Inglewood Road improvements, and

WHEREAS, the bid is as follows: William J. Keller and Sons Construction Inc. in the amount of $349,999.

WHEREAS, the bid was 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 William J. Keller and Sons Construction Inc. in the amount of $349,999 and authorizes Supervisor Secor to execute contract for said construction project.

Authorize Town Clerk to publish notice of extension of date to submit bids for the project known as "New Town Highway Garage" from September 20 to September 27, 2005 at 2 p.m. in the Office of the Town Clerk at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York.

WHEREAS, the Town Board has sponsored the DWSRF Project No. 11357 project engineered by Fraser and Associates; and

WHEREAS, the Town Board has prepared Parts 1 and 2 of a long Environmental Assessment Form ( "EAF") and other supporting information prepared by Fraser and Associates; and

WHEREAS, the Town Board has assumed lead agency for review of the Project under State Environmental Quality Review Act (SEQR); and

WHEREAS, the Town Board has reviewed at the potential environmental impacts of this project by carefully considering them and thoroughly evaluating their potential significance including but not limited to traffic, wetlands, storm water, visual impact, and historic resources; and

WHEREAS, the Town Board has determined that the action as proposed and designed will not result in any large or important impacts and, therefore, is one which will not have a significant impact on the environment; and

WHEREAS, any wetland or stream disturbance will be mitigated pursuant to state and federal permits; and

WHEREAS, a Negative Declaration was prepared on September 8, 2005 and the Town Board as Lead Agency for SEQR has determined that the proposed action will not have a significant effect on the Environment and a Draft Environmental Impact Statement will not be prepared; and

NOW, THEREFORE BE IT RESOLVED, that the Town Board has reviewed the plans and issued a Negative Declaration under SEQR.

WHEREAS, the Town Board of the Town of Schodack received (1) bid for Water District 2A and Inglewood Road improvements, and

WHEREAS, the bid is as follows: William J. Keller and Sons Construction Inc. in the amount of $349,000.

WHEREAS, the bid was 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 William J. Keller and Sons Construction Inc. in the amount of $349,000.

Re-appoint Ann St. Peter as a member of the Board of Assessment Review. Term to expire September 30, 2010.

Authorize Supervisor Secor to execute contract with EAC Operations, Inc., relative to terms and conditions for solid waste handling with a five-year agreement MSW at the eco/B3 transfer station in Canaan, New York at a disposal fee of $71 per ton adjusted annually by consumer price index . Pricing is based on an estimate of seven hundred fifty tons per year. [Bulky Demolition and C&D waste from the Town=s three day cleanup up to one hundred tons per year disposal fee of $71 per ton and quantities in excess of one hundred tons, at a disposal fee of $76 per ton. Rimless tires not greater than 24.5 inches and oversized tires cut into pieces comparable to the measurements of a typical car tire at a disposal fee of $71 per ton, effective immediately.]

Ratify and affirm Supervisor Secor's authorization for Hartgen Archeological Associates, Inc., to proceed with scope of work as set forth in August 24, 2005 letter concerning the Highway Garage Water System. Associated costs for said scope of work shall not exceed $1,738.60.

Authorize design and fabrication by Metropolitan Industries, Inc., of one (1) prefabricated water pumping station under Contract No. 1 Highway Garage Water System for inclusion as a change order with Florida Gulf Construction d/b/a Cranbrook Construction Co., Inc., for an amount not to exceed $129,641 for all services rendered. Funding for Contract No. 1, including said pumping station, and other associated fixtures and appurtenances, was approved by the Town Board at its August 22, 2005 meeting.

Authorize Town Clerk to publish legal notice of hearing to be held on September 26, 2005 at 7:15 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 7 to amend Section 78-2 of the Code of the Town of Schodack to authorize the Zoning Enforcement Officer to issue appearance tickets.

Authorize Town Clerk to publish legal notice of hearing to be held on September 26, 2005 at 7:30 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 8 to amend Section 219-79 of the Code of the Town of Schodack to provide that the Zoning Enforcement Officer shall participate in sketch plan conferences.

Authorize Town Clerk to publish legal notice of hearing to be held on September 26, 2005 at 7:45 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 9 to amend Section 219-87 of the Code of the Town of Schodack to authorize the Building Inspector to delegate inspection of site improvements to the Zoning Enforcement Officer and to require a written report of inspections.

Authorize Town Clerk to publish legal notice of hearing to be held on September 26, 2005 at 8:00 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 10 to amend ARTICLE XIV "ADMINISTRATION AND ENFORCEMENT" of the Code of the Town of Schodack to provide that the Zoning Enforcement Officer is authorized to carry out all enforcement tasks and requirements set forth therein.

Waive usual and customary fee for Castleton Cemetery Association, a not for profit association, for a Building Permit for installation of a new sign at Horizon View Cemetery, 1375 Brookview Station Road. Sign will be installed this Fall.

To request New York State Department of Transportation to continue the posted 30 mph speed limits on Reno Road, Poyneer Road and Rice Road.

WHEREAS, the Town Board of the Town of Schodack does hereby elect to provide the additional pension benefits of Section 41-j of the Retirement and Social Security Law, as presently or hereafter amended.

BE IT RESOLVED that the effective date of such shall be the first day of October 2005.

WHEREAS, it is the privilege and duty of the American people to commemorate the two hundred eighteenth anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and

WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week,

NOW, THEREFORE the Town of Schodack does hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and urge all citizens to study the Constitution, and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves.

WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples; and

WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity and greatness of America today, and

WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month; and

WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activities have been planned,

NOW, THEREFORE, Town of Schodack does hereby proclaim November 2005 as National American Indian Heritage Month, and urges all our citizens to observe this month with appropriate programs, ceremonies and activities.

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 26th, 2005 at 8:15 p.m. at the Schodack Town Hall.

Authorize reduction of fees for Fall Clean up September 29, 30, and October 1, 2005 as follows:

WHEREAS, the Town of Schodack (the "Town ")is currently considering whether to acquire a permanent easement in the real property located in the Town at 253 County Route 7, Schodack, New York, Tax Map Parcel No. 201.12-5-11 (the "Subject Property") for the construction, development, repair, maintenance and operation of underground drainage facilities (the "Project") to abate flooding in the Subject Property=s neighborhood; and

WHEREAS, on August 11, 2005, the Town, pursuant to the Eminent Domain Procedure Law ("EDPL"), conducted a public hearing over the proposed Project and closed the public hearing on August 18, 2005, and

WHEREAS, the Town, pursuant to the State Environmental Quality Review Act (ASEQRA"), has evaluated the Project and its potential impacts on the environment and the Town is acting as Lead Agency, we motion the following:

RESOLVED, that the Town of Schodack does hereby determine that the proposed taking and Project constitute a Type II Action under SEQRA, and

BE IT FURTHER RESOLVED, that the Town of Schodack does hereby make its Determination and Findings to proceed with the Project, in the form attached hereto as Exhibit 1, and

BE IT FURTHER RESOLVED, that the Town of Schodack's special counsel, Hiscock & Barclay, LLP, is directed to publish the Synopsis of the Determination and Findings, in the form attached hereto as Exhibit 2, in the Record, the Town's official newspaper for purpose of publishing public notices, as required by law.

Resolution Authorizing the Supervisor to (1) Issue a Bond Anticipation Note in an Aggregate Principal Amount Not to Exceed $2,000,000 to Finance Construction of Water Mains, Residential Service and Related Improvements to Supply Potable Water from the Town of Schodack's Well Field on NYS Route 150 to End Users Near the Town of Schodack's Highway Garage and the Development and Construction of Two Related, Temporary Water Wells pursuant to the Bond Resolution Relating Thereto Adopted August 22, 2005 and (2) Renew a $471,560 Bond Anticipation Note Dated October 14, 2004 for the Amount of $338,460, which is allocable as follows: $25,584 for a 2001 IHC Truck (DB), $36,922 for Improvements to East Schodack Sewer District #5 (SS5), $105,954 for Acquisition of a 2004 IHC Dump Truck with Attachments and $170,000 for Site and Structural Improvements to a Salt Barn.

Authorize Supervisor Secor to execute contract with Hartgen Archeological Associates, Inc. For Phase II Archeological Site Investigation Highway Garage Area Water at a cost not to exceed $ 14,839, stipulating that scope of services must be completed by October 1, 2005.

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 Number 1, 2, 4, 5, and 7. Said hearing shall be held on Monday, September 26, 2005, at 8:30 p.m. at the Schodack Town Hall.

Authorize Sergeant Brian Rossiter to attend the Motor Vehicle Reconstruction Collision course, September 12 through 23, 2005 in Guilderland, New York at a cost of $750, with appropriate expenses to be borne by the Town.

Authorize Karen Justus, Assistant to Assessor to attend a Microsoft Computer course, November 18, 2005 in Albany, New York at a cost $39, with appropriate expenses to be borne by the Town.

NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY:

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 August 22, 2005 at 7:30 p.m. at the Schodack Town Hall to hear all interested parties on proposed Local Law Number 5 of 2005 to rescind Local Law 3 of 2002 and reinstate deleted portion of Town Code section 219-13 (B) relating to special permits, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on July 27, 2005 and advertised in the July 29, 2005 edition of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town of Schodack on July 27, 2005, and

WHEREAS, said public hearing was held on August 22, 2005 at 7;30 p.m. at the Schodack Town Hall and all parties in attendance were permitted an opportunity to speak on behalf or, or in opposition to, said proposed local law or any part thereof, it is hereby

WHEREAS, that 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 Number 5 of 2005 (P5-2005) to be known as Local Law 7 of 2005 to rescind Local Law 3 of 2002 and reinstate deleted portion of Town Code section 219-13 (B) relating to special permits,

Authorize Town Clerk to publish notice of public hearing on September 8, 2005, pursuant to Town Law Section 202-b concerning major water facilities and Town well field improvements as described in the Town of Schodack, Rensselaer County Proposed Water System Improvements, Existing Water District 2A and Proposed Water District 8, dated April 2005 and prepared by J. Kenneth Fraser and Associates. Said hearing to be held at 7:30 p.m. at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York.

WITHDRAWN: WHEREAS, the Town Board of the Town of Schodack does hereby elect to provide the additional pension benefits of Section 41-j of the Retirement and Social Security Law, as presently or hereafter amended.

BE IT RESOLVED that the effective date of such shall be the first day of September 2005.

Authorize Darryl Colosi, Esq., Hiscock & Barclay, LLC, to sign appraisal contract on behalf of Town of Schodack with Capstone Appraisal of East Greenbush to appraise a portion of the real property known as 253 County Route 7 {Tax Map No. 201.12-5-11} relative to drainage easement. Expenditure for said appraisal is not to exceed $1,500.

A Resolution Authorizing Construction of Water Mains, Residential Service and Related Improvements to Supply Potable Water from the Town of Schodack's Well Field on NYS Route 150 to End Users Near the Town of Schodack's Highway Garage and the Development and Construction of Two (2) Related, Temporary Water Wells, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $2,000,000 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor.

BE IT RESOLVED, by the Town Board of the Town of Schodack, Rensselaer County, New York (the "Town") (by favorable vote of not less than two-thirds of all the members of the Board) as follows:

Authorize Supervisor Secor to execute Highway Work Permit Application for Utility Work with State of New York Department of Transportation for US Route 20 Highway Water System.

Authorize Director of Transfer Station to purchase two (2) 40-yard roll-offs from Wastequip Con Fab for use at the transfer station in an amount not to exceed $10,858. Additionally, direct personnel to pick up the roll-offs to save delivery charges.

Authorize Supervisor Secor to execute contract with Florida Gulf Construction dba Cranbrook Construction Co. Inc. to construct project known as "Highway Garage Area Water System."

Authorize payment of $4,250 to Evergreen Country Club for use of the pool for the Summer Recreation Program.

Rescind Resolution 2005-277 and authorize Town Clerk to serve John Haas with a notice continuation of the adjourned hearing accordance with Resolution 2005-156 adopted on April 14, 2005 pursuant to Town of Schodack Code Section 99 relative to premises located at 76 Washington Avenue [Tax Map No. 202.13-1-17] to be held before the Town Board on September 26, 2005 at 6 p.m. at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York.

Authorize payment of $1,713 to Tom Jenkins Excavating, LLC for emergency water repair on Miller Road.

Authorize Laura Palmer, Assistant Comptroller and Dawne M. Kelly, Assistant to Town Supervisor to attend a Water/Wastewater training session on Microsoft Access through New York Rural Water Association in Saratoga, New York on October 28, 2005 at a cost of $75 each, plus appropriate expenses to be borne by the Town.

Authorize Town Clerk to publish legal notice of bid for construction project known as "Water District 2A System Improvements." Bids to be opened on September 8, 2005 at 3 p.m. in the Schodack Town Hall, Office of the Town Clerk.

WHEREAS, pursuant to the requirement of the New York Alcoholic Beverage Control (ABC) Law, an applicant for a license to sell alcoholic beverages at retail, for on-premises consumption, as well as any applicant for renewal of such a license, must notify the Town Clerk of the municipality wherein the premises are located, and

WHEREAS, this notice is given in order that the municipality, if it so desires, may express an opinion for or against the granting of said license or renewal to the ABC Board,

NOW, Therefore, Be It Resolved, by the Town Board of the Town of Schodack, that with respect to the renewal application submitted by Hillcrest Bar and Restaurant of New York State Route Nine, Schodack, New York for a license to sell alcoholic beverages at retail for on premises consumption, the Schodack Town Board does express a favorable opinion.

Authorize Jeffrey J. Conlin and Gary Ziegler, Building Inspectors to attend a Capital District Chapter NYSBOC business meeting at Krause's Restaurant in Clifton Park, New York on August 12, 2005 at a cost of $20 each, plus appropriate expenses to be borne by the Town.

Authorize Gary Ziegler, Building Inspector to attend Capital District Chapter NYSBOC 13th Annual Educational (two day) Conference at the Holiday Inn Turf in Albany, New York on October 17, 2005 at a cost of $110, plus appropriate expenses to be born by the Town.

Authorize Jeffrey J. Conlin, Building Inspector to attend Capital District Chapter NYSBOC 13th Annual Educational (two day) Conference at the Holiday Inn Turf in Albany, New York on October 18, 2005 at a cost of $110, plus appropriate expenses to be borne by the Town.

WHEREAS, the Town Board has sponsored the Highway Garage Area Water project engineered by J. Kenneth Fraser and Associates; and

WHEREAS, the Town Board has prepared Part 1 and 2 of a long Environmental Assessment Form ("EAF") and other supporting information prepared by J. Kenneth Fraser and Associates; and

WHEREAS, the Town Board has assumed lead agency for review of the Project under State Environmental Quality Review Act ("SEQR"); and

WHEREAS, the Town Board has taken a "hard look" at the potential environmental impacts of this project by carefully considering them and thoroughly evaluating their potential significance including but not limited to traffic, wetlands, stormwater, visual impact, and historic resources; and

WHEREAS, a Negative Declaration was prepared on August 11, 2005 and the Town Board as Lead Agency for SEQR has determined that the proposed action will not have a significant effect on the Environment and a Draft Environmental Impact Statement will not be prepared; and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board has reviewed the plans dated July 21, 2005 and issued a Negative Declaration under SEQR.

WHEREAS, this notice is given in order that the municipality, if it so desires, may express an opinion for or against the granting of said license or renewal to the ABC Board,

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack, that with respect to the renewal application submitted by Rose's Italian Restaurant at 757 Columbia Turnpike, Schodack, New York for a license to sell alcoholic beverages at retail for on premises consumption, the Schodack Town Board does express a favorable opinion.

Authorize Town Clerk to publish legal notice of bid for construction project known as "Highway Garage," as prepared by J. Kenneth Fraser & Associates. Bid to be opened September 20, 2005 at 2 p.m. at the Schodack Town Hall in the Office of the Town Clerk.

Pursuant to the Article III, Section 30 of the Town Law, the Tax Receiver hereby appoints Nancy Lawlor as Deputy Tax Receiver at an hourly rate of $13 per hour effective August 16, 2005.

WITHDRAWN: Authorize Director of Transfer Station to purchase two (2) 40 yard roll-offs from ________ for use at the transfer station in an amount not to exceed __________ and authorize the Director to pick up the roll-offs to avoid freight charges.

Authorize Jeffrey J. Conlin and Gary Ziegler, Building Inspectors to attend NYS Division of Codes educational class entitled Energy Code Update at Albany, New York on August 31, 2005. There is no fee for this class. Appropriate expenses to be borne by the Town.

Authorize Sergeant Reickert to attend Colt Armorer's Course to be held at the Warren County Sheriff's Office, Lake George, New York on October 18 through 20, 2005 at a cost of $375, plus appropriate expenses to be borne by the Town.

WHEREAS, the Town Board of the Town of Schodack received (4) bids for Construction of Highway Garage Water System, and

WHEREAS, the bids are as follows: Florida Gulf Construction Co., Inc., DBA Cranbrook Construction Company in the amount of $1,398,885; William J. Keller and Sons, Inc. in the amount of $1,592,785; Merritt Construction in the amount of $1,810,325; Rifenburg Construction, Inc. in the amount of $2,166,248, 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 Florida Gulf Construction Co., Inc., DBA Cranbrook Construction Company in the amount of $1,398,885.

WHEREAS, the Town Board has sponsored the Highway Garage project engineered by J. Kenneth Fraser and Associates; and

WHEREAS, the Town Board has prepared Parts 1 and 2 of a short Environmental Assessment Form ("EAF") other supporting information prepared by J. Kenneth Fraser and Associates; and

WHEREAS, the Town Board has assumed lead agency for review of the Project under State Environmental Quality Review Act (SEQR); and

WHEREAS, the Town Board has reviewed the potential environmental impacts of this project by carefully considering them and thoroughly evaluating their potential significance including but not limited to traffic, wetlands, stormwater, visual impact, and historic resources; and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board has reviewed the plans dated July 2005 and issued a Negative Declaration under SEQR.

Authorize Supervisor Secor to execute Right-of-Way and Easement to construct, lay and maintain a water line and appurtenances on Town-owned premises located at 3740 US Route 20 [Tax Map Number 201.-2-35].

Authorize J. Kenneth Fraser and Associates to proceed with task orders 4, 5, 6 and 7 (Bidding, Construction Phase, Post-construction and Construction Inspection) as set forth in proposal dated December 7, 2004 for Town Hall well water supply system to serve the Route 20 area in an amount not to exceed $144,000 as set forth in said task orders.

WITHDRAWN: Authorizing Supervisor Secor to issue a Bond Anticipation Note (BAN) of the Town in the amount of $1,980,000 for Highway Garage Area Water System.

Appoint Stephen D. Behrens as a part-time police officer effective August 16, 2005 for up to 19.5 hours weekly at hourly rate as set forth in 2005 adopted budget.

Authorize Supervisor Secor to execute and submit Notice of Intent for Stormwater Discharges associated with the Highway Garage Water System construction activity.

WHEREAS, the Town of Schodack operates a Section 8 Housing Choice Voucher Program funded by the U.S. Department of Housing and Urban Development, and

WHEREAS, the Town of Schodack is required by the U.S. Department of Housing and Urban Development to prepare and adopt a written Annual Plan and Five-Year Plan that establishes local policies for administration of the Section 8 Housing Assistance Payments Program in accordance with regulations of the U.S. Department of Housing and Urban Development, and

WHEREAS, the Town Board of the Town of Schodack has caused a written Annual Plan for 2005 and Five-Year Plan for 2005-2009 to be prepared establishing local policies for administration of the Section 8 Housing Assistance Payments Program in accordance with the regulations of the U.S. Department of Housing and Urban Development, and has reviewed such written plan,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack hereby adopts the Annual Plan for 2005 and Five-Year Plan for 2005-2009 for operation of the Town of Schodack Section 8 Housing Choice Voucher Program.

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 July 14, 2005 at 7:30 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law Number 6 of 2005 Right to Farm, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on June 28, 2005 and advertised in the July 1, 2005 edition of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town of Schodack on June 28, 2005, and

WHEREAS, said public hearing was held on July 14, 2005 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 or 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, that 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 Number 6 of 2005 (P6-2005) to be known as Local Law 7 of 2005 Right to Farm

Adopt a Confidentiality Policy to be incorporated into the Personnel Manual as follows:

All part-time employees, temporary employees, appointed members of the Planning Board and Zoning Board of Appeals, appointed members of any committee or advisory group created by the Town Board, and full-time employees who have access to information at the Town of Schodack, are bound by the standards of confidentiality set forth in Section 74 of the NYS Public Officers Law.

Accordingly, no such municipal employee, board member or appointee shall disclose confidential information acquired by him or her in the course of his or her official duties, use such information to further his or her personal interests, or accept employment or engage in any business or activity which will require him or her to disclose confidential information which he or she has gained by reason of his or her official position or authority.

All residents and all others doing business at the Town of Schodack have the right to expect all their information will be confidential. To disclose information to anyone outside the Town without consent is to violate the law.

Adopt a Discipline Procedures for Non-Represented Employees to be incorporated into the Personnel Manual as follows:

The Town of Schodack expects its employees to conduct themselves in a manner that is conducive to a healthy, safe and productive working environment, and in a manner which promotes a positive image of the municipality with its residents and community. Inappropriate conduct that threatens these expectations will not be tolerated by the Town of Schodack and may result in discipline, including discharge.

Discipline for inappropriate behavior may include one or more of the following actions:

Verbal warning with written notation in individual personnel file
Written warning
Demotion
Suspension without pay
Loss of accrued paid leave (Not applicable to persons covered under Section 75 of the Civil Service Law)
Dismissal

The type of discipline that will be imposed depends on various factors, including the nature and severity of the employee's conduct, the employee's prior work record, the employee's Civil Service rights, if applicable, and other relevant facts and circumstances. Each case will be judged on its own merits, and the municipality reserves the right to respond in any manner it considers appropriate. Nothing herein requires the Town of Schodack to utilize any of the above-listed actions prior to taking any other disciplinary action. If an employee is disciplined, but not terminated, the reasons for the discipline will be discussed with the employee so that the employee has an opportunity to correct the problem.

Adopt a Legal Disclaimer to be incorporated into the Personnel Manual as follows:

The Town of Schodack handbook is intended to serve as a general guide, both for new employees during orientation, and for all employees as a reference. The Employee Handbook should not be regarded as a contract with the Town of Schodack and, except where governed by law or collective bargaining agreement, the Town of Schodack reserves the right to change the policies described in the Handbook.

Employment policies and practices for employees governed by a collective bargaining agreement may, in some cases, be different from the policies in the Handbook. Therefore, those employees should refer to their respective collective bargaining agreements/contracts for further information.

It is hereby resolved by this Town Board that Resolution 2005-251 be amended to read as follows:

Authorizing the Supervisor to issue a bond anticipation note (BAN) of the Town in the amount of $1,055,592 dated July 29, 2005 as follows: $79,300 for improvements to East Schodack Sewer District #5 (SW#1), $55,160 for improvements to Maple Crest Water District #3 (SW#), $6,844 for side-mounted flail mower (DB), $8,852 for 2002 Chevrolet Silverado (DB), $24,118 for 2002 4-wheel drive backhoe (DB), $29,696 for 2002 farm tractor with attachments (DB), all of the foregoing renewing a prior BAN, and $700,000 for replacement of Knickerbocker Road Bridge over CSXT Rail lines and $151,322 for acquisition of 2006 International 6X4 truck with plow wing and dump body.

Direct Town Clerk to record the Offer of Cession by Robert and Barbara Campbell dated April 15, 2005 in the office of the Rensselaer County Clerk and to hold proposed drainage easement and supporting documentation in escrow pending further Town Board action.

Retain Hiscock and Barclay, LLP at an hourly rate of $190 for drainage easement condemnation and acquisition.

WHEREAS, the Town of Schodack (the "Town") intends to acquire permanent easement interests in certain real properties located in the Town of Schodack, by negotiated purchase or, if necessary, by the power of eminent domain pursuant to the Eminent Domain Procedure Law ("EDPL") or by any other lawful means, for development of a drainage easement across lands of John F. Hans, Jr., located on 253 County Route 7, Tax Map Parcel 201.12-5-11, in the Town of Schodack (the "Project"); and

WHEREAS, the Town determined that drainage improvements in the immediate vicinity of and on the subject property are needed in order to alleviate potential flooding to area properties in the Town; and

WHEREAS, the Town obtained professional engineering studies and caused preparation of professional engineering plans and specifications for the construction and installation of said drainage improvements, which include installation of drainage improvements on the subject property.

Authorize Town Clerk to publish legal notice of hearing to be held on August 22, 2005 at 7:30 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 5 to reinstate deleted portion of the Town Code §219-13 (B) relative to special permits.

Rescind Resolution 2005-264 and authorize Town Clerk to serve John Haas with a notice of continuation of the adjourned hearing in accordance with Resolution 2005-156 adopted on April 14, 2005 pursuant to Town of Schodack Code Section 99 relative to premises located at 76 Washington Avenue [Tax Map No. 202.13-1-17] to be held before the Town Board on August 22, 2005 at 7 p.m. at the Schodack Town Hall, 1777 Columbia Turnpike, Schodack, New York.

Appoint Ryan Van Amburgh as full-time Police Officer effective August 1, 2005 at salary as set forth in 2005 adopted budget.

Authorize Jeffrey J. Conlin and Gary Ziegler, Building Inspectors to attend the following educational classes being held by the New York State - Department of State - Division of Code Enforcement and Administration Educational Services Unit: Inspection of Existing Motor Vehicle Service Stations and Repair Facilities, and Inspection of High Pile Combustible Storage on September 8, 2005, and Fire Alarms on October 5, 2005 with other appropriate expenses to be borne by the Town. There are no fees to attend these courses.

Waive usual and customary fee for Schodack - Castleton Public Library to use Town Park on August 6, 2005.

Withdrawn: Authorize J. Kenneth Fraser and Associates to proceed with final design and preparation of bids and specifications to construct proposed infrastructure improvements in Water District 2A.

Further, when said specifications are complete, they shall be submitted to the Supervisor who shall direct the Town Clerk to publish a notice in the Official Newspaper of the Town at least five days prior to the submission of the bids.

Authorize Supervisor Secor to renew Bond Anticipation Note (BAN) in the amount of $903,970 for the following:

Pursuant to Vehicle and Traffic law § 1660 authorize Highway Superintendent Holmes to post weight limit signs on Reno Road, Poyneer Road, and Rice Road.

Request New York State Department of Transportation to conduct a traffic safety evaluation of that portion of Waters Road situate in the Town of Schodack for the purpose of establishing an appropriate speed limit, as posted in the Town of East Greenbush.

WHEREAS, the Town of Schodack (herein called the "Applicant"), after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as Highway Garage Water District and identified as DWSRF Project Number 16736 (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, pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the Act; and

WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and

WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the DWSRF Act; and

WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Schodack as follows:

Authorize Town Clerk to publish legal notice of bid for construction project known as "Highway Garage Water System." Bids to be opened on August 9, 2005, at 2 p.m. at the Schodack Town Hall, Office of the Town Clerk.

Authorize Bruce J. Wagner, Justice, Paul Peter, Justice, Patricia H. Loomis and Mandy Lyn Edward, Justice Court Clerks, to attend New York State Magistrates Association Fall Conference September 25 to 28, 2005 in Niagara Falls, New York with registration fees not to exceed $25 per person. It is understood there will be conference travel expenses, lodging and meals in addition to the registration fee for each attendee.

Authorize Supervisor Secor to negotiate and execute an extension to the performance bond for Crimson Court.

Withdrawn: Accept irrevocable offer of cession for the drainage easements as stipulated by the Planning Board from Robert and Barbara Anne Campbell and authorize filing of deed and recording documents.

Authorize Hiscock and Barclay LLP to represent the Town on matters relating to Highway/CSEA Collective bargaining agreement.

WHEREAS, pursuant to 6 NYCRR Part 617 - State Environmental Quality Review (SEQR), we find that the Town's proposed project to construct approximately 2,500 feet of new water mains to improve the water system within existing Water District 2A, approximately 6,800 feet of new water mains and 6,600 feet of new water services to serve a proposed new Water District Number 8, approximately 10,900 feet of new water mains to interconnect its existing Water District Numbers 2A, 2B, 4, 5 and proposed new Water District Number 8 to serve users along US Routes 9 & 20, Schuurman Road and Byers Estates, along with the construction of a new 1.4 million gallon well water supply, and a 0.6 million gallon storage tank, is a Type 1 Action, conforming to Section 617.6 of the SEQR Regulations.

NOW, THEREFORE, BE IT RESOLVED that the Schodack Town Board proposes to act as Lead Agency and conduct coordinated reviews of these projects.

BE IT FURTHER RESOLVED that the Town Board will prepare Environmental Assessment Forms and formally notify other involved Agencies of the reviews and its intention to act as Lead Agency.

Authorize Supervisor Secor to execute Form "M" Application for Service with Niagara Mohawk authorizing municipal street lighting customer consolidated account.

Due to resignation of previously appointed personnel, appoint Christopher Adams and Christopher Laurenzo as part-time police dispatchers effective July 16, 2005 at hourly rate set forth in 2005 adopted budget.

Withdrawn: Appoint Richard Eckel, Jr., and Stephen Behrens as part-time police officers effective August 1, 2005 at hourly rate set forth in 2005 adopted budget.

Authorize Town Clerk to publish and post a notice of adjourned public hearing in accordance with resolution 2005-156 adopted on April 14, 2005 pursuant to Town of Schodack Code Section 90 relative to premises located at 76 Washington Avenue [Tax Map No. 202.13-1-17] to be held August 22, 2005 at 7 p.m. at the Schodack Town Hall.

Authorize Sergeant Reickert to attend Active Shooter Certification School held at Albany Police Department on June 20-22, 2005 at a cost of $434 and other appropriate expense to be borne by the Town.

Authorize refund of application fee in the amount of $3,590 to Richard M. Lill, R. M. Lill, Inc., Building permit #7811-05, as the applicant revised application pursuant to recommendation of the Building Inspector.

WITHDRAWN: Authorize refund of application fee in the amount of $____ to Arthur L. Fedigan, Site Development permit #7913-05, pursuant to the recommendation of the Building Inspector as the applicant was unable to proceed with the project due to environmental conditions beyond his control.

To request New York State Department of Transportation to conduct traffic safety study relative to Old Post Road South speed limit.

Authorize Supervisor Secor to reimburse Lieutenant Joseph Belardo for college tuition in the amount of $2,416. Lieutenant Belardo is congratulated on the achievement of his Bachelor of Science Degree in Criminal Justice.

Authorize Town Clerk to publish notice of hearing to be held on Thursday, July 14, 2005 at 7:30 p.m. at the Schodack Town Hall to seek public input on proposed local law No. 6 of 2005 relative to the Right to Farm.

Pursuant to Section 202-b of the Town Law, authorize Town Clerk to publish notice of hearing to be held on Thursday, July 14, 2005 at 8:00 p.m. at the Schodack Town Hall to seek public input on proposed infrastructure improvements in Water District 2A.

Authorize Supervisor Secor to execute contract with Marvin and Company, P.C. to conduct audit of financial statement of the Town of Schodack for the year ending December 31, 2004 in the amount of $10,960.

Authorize Town Clerk to publish Legal Notice of bid for restoration work to be completed on the Clove Road School House. Bids to be opened on July 18, 2005 at 10 a.m. at the Schodack Town Hall.

Authorize Supervisor Secor to execute Standard Form of Agreement between Town and J. Kenneth Fraser & Associates for Town Hall Well Field Water Supply to include task orders for Permitting (DOT and stormwater), Preliminary Design Phase including mapping, and Final Design Phase in an amount not to exceed $124,000.

Authorize Hiscock & Barclay to represent the Town Board of the Town of Schodack In an Article 78 preceding commenced against the Town by Christine Vanderlan, and others.

Authorize Hanson Van Vleet LLC to conduct hydrogeologic investigation of the Clearview Well Field pursuant to scope of services outlined in correspondence dated December 20, 2004 in an amount not to exceed $56,525.

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District Number 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 June 2005 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 Number 4 (Golfview) shall henceforth be $300/18,000 gallons plus $ 10.00 for each additional 1,000 gallons effective July 1, 2005.

Authorize Hiscock & Barclay to represent Town in unit clarification for Schodack Police bargaining unit.

Accept the Map Plan and Report dated April 2005 prepared by J. Kenneth Fraser and Associates, PE, LS, LA, P.C., entitled "Town of Schodack Proposed Water System Improvements Existing Water District No. 2A and Proposed Water District No. 8."

Authorize Town Clerk to publish legal notice of public hearing to be held July 25, 2005 at 7:30 p.m. at the Schodack Town Hall to seek public input on the Town's proposed Agency Plan for 2005 for the Section 8 Rental Assistance Program.

Authorize Town Clerk to publish legal notice of public hearing to be held July 25, 2005 at 7:45 p.m. at the Schodack Town Hall to seek public input on the Town's proposed Five Year Plan for 2005-2009 for the Section 8 Rental Assistance Program.

Authorize the following Town of Schodack Day Camp employees for the Summer Youth and Recreation Program as recommended by the Director of Youth and Recreation:

Tracy Roehr, Director of Special Needs
Matthew Krug, Pool Director
Lifeguards:
Kimberly Williams
Jessica Newman
Scott Bureau
Kristina Saar
Jillian Tobia

Counselors:
Lucas Ashby Jacklyn Kinney
Emily Atwater Andrew Krug
Alyssa Barranca Carolynn Langley
Peter Baxter Collin Legge
Laura Beerle Erica Lepkowski
Denise Breault Gregory Lewis
Adam Butterworth Rachel Maher
Nancy Carver Adam McKnight
Michael Childrose Brenna Mereness
Aja Clevenger Alexander Michaels
Thresa Clinton Samantha Miller
Nicholas Colbert Maureen Mosher
Samantha Corvino Erin Nixon
Adam Crandall Alexandra Noll
Joseph DeFrancesco William Ohrin
Stephen Dixon Rachelle Quiara
Timothy Duffy Amanda Richards
Nicholas Duncan Bonnie Robinson
Joshua Getz Kelsey Roman
Shannon Haggerty Robert Roth
Michael Harty Kara Taylor
Jesse Heeder Travis VanOrt
Matthew Ippolito Samantha Vye
Emily Johnson Michael Warner
Caitlin Kayser Eric Zorko

Alternates:
Timothy Perrotte Bridget Capiello
Kayla Cologen Richard Cosgrave
Stephen Verdini

Special Instructors:
Science - Scott Charlebois
Art - Kelly Jones
Scrapbooking - Jill Hanrahan
Creative Cooking - Valerie Flood
Circus Games - Tracey Arno
Project Adventure Games - Andrew Karins
Sports Fitness - Top Form Fitness
Nurse - Debbie Sweet

Authorize Nadine Fuda, Zoning Enforcement Officer and Angelo DeFrancesco, Water/Sewer Director, to attend Planning and Zoning Summer School 2005 on July 15, 2005 in New Paltz at a cost of $45 per person, with appropriate expenses to be borne by the Town.

Appoint Hiscock and Barclay, LLP at hourly rate of $175 and Timothy Nugent, Esq. at an hourly rate of $150 as special counsel with respect to the proposed PD-2 Red Oaks development. All legal fees associated with the subject review are to be borne by developer and collected by Director of Planning and Zoning pursuant to established escrow procedures.

Authorize Jeffrey Conlin and Gary Ziegler, Building Inspectors, to attend New York State Building Officials Conference, June 17, 2005 in Albany, New York at a cost of $50 each, with appropriate expense to be borne by the Town.

Authorize Officer Michael Miller to attend the EMT re-certification training school on Tuesdays and Thursday beginning July 7, 2005 and running through November at a cost of $250, with appropriate expenses to be borne by the Town.

Authorize Nadine Fuda, Zoning Enforcement Officer, to attend the Capital District Regional Planning Commission - Local Government Planning and Zoning Workshop on June 24, 2005 at Hudson Valley Community College in Troy, New York at a cost of $10, with appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute an Agreement with Village of Castleton-on-Hudson relative to the recognition of Water District Number 7 and Memorandum of Understanding dated February 26, 1987.

To adopt the following revisions and/or clarification of fees adopted by Resolution 2004-452 for the Transfer/Recycling Station: (Items in bold print are revised/additions)

Pursuant to Chapter 80-4 of the Code of the Town of Schodack, the Schodack Town Board hereby resolves to grant a Mass Assembly Permit for Goold Orchards 17th Annual Apple Festival to be held October 8th and 9th, 2005 at their premises, pursuant to the written application submitted by Goold Orchards, Inc., except that applicant must comply with all off-site parking provisions of the Code and any other requirements, if any, of State, county and other regulatory agencies. Provided also that applicant be given notice that this approval is solely from the Town of Schodack and does not constitute approval by any other approving authority or governing agency.

Approve Verizon as Local Usage and Directory Assistance carrier under terms of Verizon Voice Services Offering (NYS OGS contract).

Approve Hall Construction and Landscaping, Inc. to undertake work along Schodack Drive in completion of 2003 construction project for Water District No. 1 in an amount not to exeed $5,300.

Appoint Andrew Dickson and Kenneth Flood as liaisons for calendar year 2005 to meet with representatives of the Village of Castleton-on-Hudson, to discuss issues relative to the 2004 Joint Sewer Agreement as set forth therein.

Request New York State Department of Transportation to conduct a traffic safety evaluation of Rohloff Road for establishment of appropriate speed limit.

WHEREAS, the Eastern Rensselaer County Solid Waste Management Authority (ERCSWMA) issued a joint bid with various Capital District communities for the purpose of obtaining a vendor for household hazardous waste collection days, one of which was to be conducted on September 17th, 2005 at the Village of Nassau Municipal Building; and

WHEREAS, an award was made to Care Environmental Corporation as the most economical and responsible bidder for the joint project; and

WHEREAS, the ERCSWMA has an approved site in place for the September 17th, 2005 collection day located at the Village Municipal Building, 40 Malden Street, Nassau, New York; further that the Village of Nassau does not object to use of the Village site by residents of the Town of Schodack for the express purpose of participating in the household hazardous waste collection day; and

WHEREAS, an equitable division of fees has been established between the ERCSWMA and the Town of Schodack:

WHEREAS, on the 10th day of April in the year two-thousand five, Seth A. Hiser, a member of Boy Scout Troop 53, passed his District Board of Review to achieve the rank of Eagle Scout, the highest rank a boy can achieve in scouting; and

WHEREAS, Seth, the son of Janet and Michael Hiser, is a Sophomore at Maple Hill High School, a member of the Cross Country team and the Maple Hill Concert and Jazz Bands;

WHEREAS, Seth serves on the Pastor-Staff Parish Relations Committee at St. Paul's United Methodist Church;

WHEREAS, Seth has earned twenty-six Merit Badges in his ten years of Boy Scouting since starting as a Tiger Scout;

WHEREAS, as his Eagle Scout project, Seth chose to design and construct a Manual Scoreboard at the East Greenbush-Castleton Little League fields on Brookview Road;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Seth Hiser upon his accomplishments in Scouting, and especially on his achievement of the rank of Eagle Scout, and be it further

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

Authorize Town Clerk to publish legal notice for a joint public hearing with the Village of Castleton-on-Hudson on proposed water rates for District Number 7 to be held on Wednesday, July 13, 2005 at the Castleton Fire Company at 7:30 p.m.

Authorize Town Clerk to publish legal notice for public hearing on proposed water rates for District Number 4 (Golfview) to be held on Monday, June 27, 2005 at the Schodack Town Hall at 7 p.m.

Authorize Supervisor Secor to execute Stormwater Management Program Annual Report for year ending March 31, 2005 as prepared by superintendent of Highways Holmes.

Authorize Town Clerk to publish legal notice of public hearing to seek public input relative to proposed local law 5 of the laws of 2005 to amend Section 219-13 of the Code of the Town of Schodack relating to special permits. The hearing shall be held on Monday, May 23, at 7 p.m. at the Schodack Town Hall.

WITHDRAWN: Authorize Town Clerk to publish legal notice of public hearing to seek public input relative to proposed local law 6 of the laws of 2005 to amend Section 219-109 of the Code of the Town of Schodack relating to membership and vacancies of members of the Town Zoning Board of Appeals and to further amend Chapter 50 of the Code of the Town of Schodack relating to alternate members of the Town Planning Board. The hearing shall be held on Monday, May 23, at 7:30 p.m. at the Schodack Town Hall.

WHEREAS, the Town of Schodack is a municipal corporation located in Rensselaer County, New York, and the County of Rensselaer New York; and

WHEREAS, the MS4 communities and Rensselaer County are authorized, pursuant to both Article 9, § 1 of the State Constitution and Article 5-G of the General Municipal Law to enter into intergovernmental agreements; and

WHEREAS, the Town of Schodack and Rensselaer County have considered through their legislative bodies, the inter-municipal agreement to administration the MS4 program as required by the State of New York for Stormwater Discharge Management, and;

WHEREAS, it is reasonable, necessary, and desirable for the towns, cities, hamlets and villages located in the designated MS4 district of Rensselaer County to enter into this Inter-governmental Agreement to provide for the cooperative sharing of information, education, and preparation of a stormwater management program, and;

WHEREAS, Rensselaer County recognizes that only local governments can create and adopt zoning for their communities.

NOW, THEREFORE, in consideration of the foregoing and of the mutual agreements herein contained, the Town of Schodack and the Rensselaer County MS4 communities hereby agree as follows:

The duration of this Inter-municipal Agreement shall be for the useful life of New York State MS4 program, unless sooner terminated and dissolved by operation of law or by mutual agreement of the MS4 communities.

Amend Resolution 2005-165 to reappoint William Kayser as a member of the Board of Assessment Review. Term to expire September 30, 2006 rather than September 30, 2007 as previously stated.

Amend Resolution 2005-170 to appoint Ann St. Peter as a member of the Board of Assessment Review. Term to expire September 30, 2005 rather than September 30, 2010 as previously stated.

Authorize Supervisor Secor to sign consulting contract with Upstate Appraisal Services to perform consulting services for 2005 Commercial Assessments at a rate of $85 per hour including travel and prep work, for an expenditure not to exceed $340.

Appoint Diane Hutchinson as temporary Assistant to the Assessor at the hourly rate of $12.

WHEREAS, that the Town Board of the Town of Schodack does hereby elect to provide the additional pension benefits of Section 75-e; Section 375-g and Section 375-i of the Retirement and Social Security Law, as presently or hereafter amended.

BE IT RESOLVED: that the effective date of such shall be the 1st day of May, 2005.

Authorize J. Kenneth Fraser & Associates to proceed with tasks set forth in proposal dated May 10, 2005 for preliminary evaluation of Bunker Hill Road in an amount not to exceed $3,500.

WITHDRAWN: Authorize Supervisor Secor to sign appraisal contract with Upstate Appraisal Services to appraise property tax map # 210-7-57 for an expenditure not to exceed $650.

WHEREAS, Jessica Newman, daughter of Arlene and David Newman and granddaughter of Gladys Mutterer, earned the Gold Award, the highest award a Girl Scout may earn; and

WHEREAS, Jessica, a member of Girl Scout Troop 893, entered her Scouting journey as a Daisy during her kindergarten year and completed all required steps previous to undertaking the Gold Award; and

WHEREAS, Jessica and Kristina Saar planned an "Easter Bunny Breakfast" for Brownie Girl Scout troops in the Castleton Neighborhood in order to earn their prestigious Silver Award; and

WHEREAS, for their Gold Award project, Jessica (together with fellow Scouts Denise Breault and Kristina Saar) chose to create a perennial garden with ladybugs for residents at Castle Hill Senior Center; and

WHEREAS, Jessica is a Senior at Maple Hill High School and currently serves as President of Theta Roe with Odd Fellows Lodge in Castleton, also holding statewide positions in this organization; and

WHEREAS, Jessica is a Senior Lifeguard at the East Greenbush YMCA and has participated in softball and Varsity Tennis at Maple Hill High School, being named the Most Valuable Player for the Tennis team; and

BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Jessica Newman upon the auspicious occasion of earning the Gold Award from Girl Scouts of America; and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution, suitably engrossed to Jessica Newman.

WHEREAS, Kristina Saar, daughter of Anita and Toivo Saar, earned the Gold Award, the highest award a Girl Scout may earn; and

WHEREAS, Kristina has excelled academically at Maple Hill High School, where she is now a senior; and

WHEREAS, Kristina is a member of the National Honor Society, All County and All State Music Associations, Jazz Band, Swing Choir, Key Club, Wildcat Yearbook (Sports Editor), Empire State Wind Ensemble, Empire State Youth Chorale, Capital Community Voices and served an apprecenticeship at Albany Pro Musica, Varsity Track and Field team, and Varsity Cross Country team; and

WHEREAS, Kristina will pursue a career in music at Crane School of Music in Potsdam following her graduation from Maple Hill High School; and

WHEREAS, Kristina, a member of Girl Scout Troop 893 since beginning her Scouting journey in first grade, attained her Silver Award by planning and hosting an "Easter Bunny Breakfast" for Brownie Girl Scout Troops in the Castleton Neighborhood; and

WHEREAS, Kristina completed all required steps previous to undertaking the Gold Award project with Denise Breault and Jessica Newman; and

WHEREAS, as their Gold Award project, Kristina, Denise and Jessica chose to create a perennial garden with ladybugs for the residents at Castle Hill Senior Center; and

BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Kristina Saar upon the auspicious occasion of earning the Gold Award from Girl Scouts of America; and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution, suitably engrossed to Kristina Saar.

WHEREAS, Denise Breault, daughter of Donna and Robert Breault, earned the Gold Award, the highest award a Girl Scout may earn; and

WHEREAS, Denise is a Senior at Maple Hill High School who will pursue her education at Russell Sage following graduation,

WHEREAS, Denise is a member of the National Honor Society in recognition of her academic excellence, as well as being active in Peer Leadership, International Club, Key Club, Student Council, All County Music Association, and Yearbook at Maple Hill High School; and

WHEREAS, Denise has been honored as a Scholar Athlete in May 2005 by maintaining a high honor roll average for four years and participating on sports teams including Varsity Volleyball, Softball and Basketball, was designated as Most Valuable Player for Softball by coach and teammates for two years, participating in East Greenbush Girls Softball League and Patroon Conference Volleyball Team; and

WHEREAS, as a Girl Scout in Troop 893 since first grade, Denise has also volunteered at Equinox and Holiday Lights in the Park, earning her Silver Award by preparing 16 Easter Baskets for children at the Ronald McDonald House in Albany; and

WHEREAS, Denise completed all required steps previous to undertaking the Gold Award in her Scouting career; and

WHEREAS, as her Gold Award project, Denise chose to create a perennial garden with ladybugs for the residents at Castle Hill Senior Center; and

BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Denise Breault upon the auspicious occasion of earning the Gold Award from Girl Scouts of America; and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution, suitably engrossed to Denise Breault.

WHEREAS, on the ninth day of May of the year two-thousand five, Steve B. Vallee, a member of Boy Scout Troop 522, passed his District Board of Review to achieve the rank of Eagle Scout, the highest rank a boy can achieve in scouting; and

WHEREAS, Steve, the son of Cheryl and Steve R. Vallee, is a senior at the Christian Brothers Academy, and

WHEREAS, Steve has joined the United States Marine Corps and will be leaving for basic training after graduation in June, and

WHEREAS, Steve is a Volunteer with the East Greenbush Fire Company starting with the Explorer Program, and

WHEREAS, Steve is a Civil War Re-enactor with the 2nd Vermont Light Artillery Group, and

WHEREAS, Steve has earned 22 merit badges in his 12 years of Boy Scouts, since starting as a Tiger Cub, and

WHEREAS, for his Eagle Project, Steve designed, constructed and installed reflection benches, flowers and shrubs at Christian Brothers Academy allowing for a sense of peace and stillness at the Statue of Mary;

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Steve Vallee upon his accomplishments in Scouting, and especially on his achievement of the rank of Eagle Scout, and

BE IT FURTHER RESOLVED, that the Town Supervisor forward a certified copy of his resolution suitably engrossed to Steve B. Vallee.

Authorize Katherine Lubbers, Receiver of Taxes to attend the 2005 Annual Training Seminar in Rochester, June 12-15, 2005 at a cost of $575 plus appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute License Agreements with Record property owners for ingress and egress to private property for purposes of archeological and soil testing in connection with the installation of new water mains adjacent to US Route 20, Town of Schodack.

Authorize Supervisor Secor to execute contract for Edward C. Swartz Southern Tier Senior Center to utilize the Town Park for Music in the Park on June 7, 14, 21 and 28, 2005 and/or rain dates. It is understood that the Center will provide a certificate of insurance naming the Town as an additional insured for said events. The Town Board hereby waives the usual and customary fee established for use of the Park.

Authorize Supervisor Secor to execute agreement with Cooperative Extension to utilize the Town Park for Dog Obedience Classes. It is understood that Cooperative Extension will provide a certificate of insurance naming the Town as an additional insured for said classes.

Authorize Supervisor Secor to execute Intermunicipal Agreement with the Town of East Greenbush relative to the Servidone Subdivision and provision of essential highway, water, sewer and drainage services between the Towns as amended.

Approve the following applications under Town Code § 147-5 and authorize the Town Clerk to issue the trailer renewals:

NAME NUMBER OF UNITS
DeLappa, Darwin (Creekside Park) 52
DeLappa, Darwin (Rensselaer Estates) 53
Garden Homes Mgmt Corp. (Curtis Trailer Park) 70

Authorize Shawn Zinzow to attend Small Water Treatment Plant Operator Certification Grade C preparation Course May 23-June 22, 2005, Monday, Tuesday, Wednesday, 13 sessions, from 6-9 p.m. consisting of forty (40) hours, at Hudson Valley Committee College Workforce Development Institute in Troy, New York. Tuition is $425, with appropriate course material expenses to be borne by the Town.

Authorize Supervisor Secor to execute performance contract with The True Tones for Music in the Park on Tuesday, July 19, 2005 (rain date July 20, 2005) from 6-8 p.m. for an amount not to exceed $400 and Female Songwriters You Wanna Hear for Tuesday, July 12, 2005 (rain date July 13) from 6-8 p.m. for an amount not to exceed $350.

Authorize refund of application fee for special use permit in the amount of $200 to Dennis Roberts, Planning File #27-2005, as the applicant has withdrawn application.

Authorize refund of application fee for special use permit in the amount of $200 to Todd DenBesten, Planning File # 19-2005, as the applicant submitted a duplicate application and fee for this project.

A Resolution Authorizing the Replacement of the Knickerbocker Road Bridge over CSXT Rail Lines, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $700,000 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor.

BE IT RESOLVED, by the Town Board of the Town of Schodack, Rensselaer, New York (the "Town") (by favorable vote of not less than two-thirds of all the members of the Board) as follows:

Section 1. The class of objects or purposes (herein referred to as "purpose") to be financed pursuant to this resolution is the replacement of the Knickerbocker Road Bridge over CSXT Rail Lines. The estimated maximum cost of said purpose is $700,000.

Section 2. The Town Board plans to finance the total cost of said purpose by the issuance of serial bonds of the Town in an amount not to exceed $700,000, hereby authorized to be issued therefore pursuant to the Local Finance Law.

Section 3. It is hereby determined that said purpose is an object or purpose described in subdivision 10 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is twenty years.

Section 4. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

Section 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds by virtue of paragraph 9 of subsection d. of Section 107.00 of the Local Finance Law, with respect to all objects and purposes authorized to be financed hereby.

Section 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Such bonds and bond anticipation notes shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by section 51.00 of the Local Finance Law, as the Town Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section 10. The Town has determined that the replacement of the Knickerbocker Road Bridge over CSXT Rail Lines is a Type II action which will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act ("SEQR") is required.

Section 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

Section 12. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance law, in The Record, official newspaper of said Town having a general circulation in said Town and hereby designated as the official newspaper of said Town.

Section 13. The firm Hiscock and Barclay, LLP is hereby appointed Bond Counsel of the Town in connection with the bonds and notes herein authorized.

Authorize Hiscock & Barclay, LLP to Issue Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount not to exceed $700,000 pursuant to the Local Finance Law to Finance said purpose and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor.

Authorize Supervisor Secor to issue a BAN in the amount of $650,000 for Knickerbocker Road Bridge project after expenditure of State Multi-Modal funding.

Authorize J. Kenneth Fraser & Associates to evaluate premises at 76 Washington Avenue (Tax Map No. 202.13-1-17) and to prepare engineer's statement at hourly rate per retainer agreement.

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

Authorize Hiscock and Barclay, LLP to provide legal services related to development of schodack public water supply.

Appoint Sharon Martin to fill unexpired term of Assessor effective May 1, 2005 through September 30, 2007.

Authorize Director of Human Resources to post and advertise full-time position of Assistant to the Assessor.

For many years the South Schodack Fire Company has worked cooperatively with the Town of Schodack to assure our taxpayers are not unnecessarily burdened. Therefore, the Town of Schodack wishes to formally acknowledge it will accept scrap refrigerators and other materials as specified in a handwritten list resulting from their spring clean up, that are not taken by the Fire Company's commercial waste hauler at the Transfer Station without charge.

Ratify and affirm that the cost of radio read Neptune water meters is set at $200 per unit for new installations effective April 15, 2005.

WHEREAS, requests have been submitted to the Town Board of the Town of Schodack to amend the zoning map relative to approximately 4.9 acres of land located on the easterly side of Route 9 & 20 (the "Affected Parcel"), to change the zone designation of said Affected Parcel from Residential Multi-Family District (RMF) to Highway Commercial District (HC) by extending the existing Highway Commercial District (HC); and

WHEREAS, the Town Board hereby determines to act as "Lead Agency" with respect to such requests pursuant to the New York State Environmental Quality Review Act and the regulations issued pursuant thereto (collectively, "SEQRA"); and

WHEREAS, a short environmental assessment form ("SEAF") was submitted to, and has been reviewed by the Town Board in connection with such requests; and

WHEREAS, the current owner of the Affected Parcel has completed Part 1 of the SEAF in accordance with such form's terms and the Town Board has similarly completed Part 2 and Part 3 of the SEAF; and

WHEREAS, the Town Board has considered all of the comments (written and oral) received during and after the public hearing that was held on March 28, 2005 to consider the aforementioned zoning change and has further considered the information and analysis contained in the SEAF;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board, based upon the record before it, including, without limitation, the completed SEAF and the comments (both written and oral) received during and after the public hearing and the knowledge of the Town Board of the affected area and the community, determines that the adverse environmental impacts identified in the SEAF will not be significant and the Town Board will not require the preparation of an Environmental Impact Statement with respect to the proposed amendment of the zoning map relative to extending the Highway Commercial District (HC); and

BE IT FURTHER RESOLVED, that the form and substance of the Negative Declaration, in substantially the form thereof presented at this meeting, are hereby approved and the Town Clerk is hereby directed to mail, publish and file the Negative Declaration as directed by the Attorney to the Town.

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 March 28, 2005 at 7:30 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law Number 4 of 2005 to amend the Zoning Map of the Town of Schodack to extend the Highway Commercial District, which amendment would affect approximately 4.9 acres of land located on the easterly side of Route 9 & 20 (the "affected parcel"), which affected parcel is located adjacent to the area commonly known as "Schodack Plaza," by changing its zone designation from Residential Multi-Family District (RMF) to Highway Commercial District (HC) by extending the existing (and adjacent) Highway Commercial District (HC), and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on March 11, 2005 and advertised in the March 16, 2005 edition of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town of Schodack on March 11, 2005, and

WHEREAS, said public hearing was held on March 28, 2005 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 No. 4 of 2005 or any part thereof and were further permitted and encouraged to submit written comments to the Town Board after said March 28 public hearing, 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 No. 4 of 2005 would not have a significant adverse impact upon the environment and that it issued a Negative Declaration, and

WHEREAS, the Town Board of the Town of Schodack, after due deliberation finds that is in the best interest of the Town to adopt the proposed Local Law No. 4 of 2005, and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Schodack, after due deliberation, finds that the proposed Local Law No. 4 of 2005 should be adopted for the following reasons:

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby adopts Proposed Local Law Number 4 of 2005 (P4-2005) to be known as Local Law 5 of 2005 to amend the Zoning Map of the Town of Schodack to extend the Highway Commercial District, 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 give due notice to said local law to the Secretary of State.

Reappoint William Kayser as a member of the Board of Assessment Review. Term to expire September 30, 2007.

Express gratitude to Gloria Brewer Rogers on behalf of the Town of Schodack and the Town Board for her years of dedicated service on the Board of Assessment Review on the occasion of her resignation effective April 30, 2005.

Authorize Supervisor Secor to execute a maintenance agreement including parts and labor with IKON Office Solutions for the Canon IR210S copier, ID#6S403 in the court room in the amount $737, for the period May 17, 2005 through May17, 2006.

Appoint Tiffany Kelly as full-time Assistant Court Clerk at hourly rate of $11.34 effective May 1, 2005.

Appoint Ann St. Peter as a member of the Board of Assessment Review. Term to expire September 30, 2010.

Authorize the selection and acceptance of Empire Blue Cross Insurance for Health Insurance coverage effective June 1, 2005 single monthly premium $341.04 and family monthly premium $886.70.

Authorize the selection and acceptance of Guardian Insurance for Dental and Vision Insurance coverage effective June 1, 2005 with single monthly premium $34.73 and family monthly premium $89.70.

Authorize Supervisor Secor execute grant application for Water Quality Improvement Project grant to partially fund waste water treatment system for the Hamlet of Schodack Landing.

To request New York State Department of Transportation to conduct a traffic safety study relative to the Jensis Road speed limit.

Authorize Supervisor Secor to reimburse Lieutenant Joseph Belardo for college tuition in the amount of $1,998.

Adopt road program for year 2005 as proposed by Kenneth Holmes, Superintendent of Highways.

Express gratitude to Joanna Santostefano on behalf of the Town of Schodack and the Town Board for her years of dedicated service as Assessor on the occasion of her retirement effective April 30, 2005, together with our wishes for a healthy and rewarding retirement.

WITHDRAWN: Appoint Sharon Martin to fill the unexpired term of Assessor effective May 1, 2005 through September 30, 2007.

WITHDRAWN: Authorize Director of Human Resources to post and advertise full-time position of Assistant to the Assessor.

WITHDRAWN: WHEREAS, Crown Enterprises, Inc., submitted a contract to purchase from the Town of Schodack an approximately 0.69 acre parcel of real property known as the Kids Lane Production Well Site located on Route 9 on or about February 28, 2005, for the proposed remuneration of Five Thousand Dollars ($5,000), and

WHEREAS, the Town of Schodack had undertaken a feasability study during 2004 to determine whether the Kids Lane Production Well Site, also known as Water District No. 6, could be developed as a source for a community water supply, and

WHEREAS, Hanson VanVleet reviewed this site and stated in a Pumping Test Evaluation dated August 2004: "The Kids Lane Production Well was drilled in the early 1990's. The well currently does not have a grout seal, which is required on all new production wells...Since this well has been out of service for a long period of time, it is not believed that this well could be permitted at this time. A new well would need to be installed with a grout seal, a 72 hour pumping test performed, and a full Part 5 water quality analyses run. The existing set backs from the surrounding area would have to be modified before this site could be used as a groundwater supply source. At present, set backs from the state highway, other roadways, and storm water pond do not appear to meet the current 200 foot setback. If the Town wishes to develop a well at this site, the present well site would need to be moved to the southeast approximately 150 feet. This would require additional land to be purchased" and

WHEREAS, a significant portion of the subject parcel is used as a detention basin and an easement for access to the pump house.

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack has determined that the purchase price of Five Thousand Dollars ($5,000) is fair and reasonable value for the property and approves the contract,

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute the Contract for Purchase and Sale of Real Estate and to transfer title pursuant to said Contract.

Authorize Supervisor Secor to execute a maintenance agreement including parts and labor with IKON Office Solutions for the Canon MP6551 copier, ID#2C661 in the amount of $1,282.60, for the period March 7, 2005 through March 7, 2006

Town Board concurs that the Planning Board be designated lead agency for the project known as Red Oaks PDD.

Authorize amendment to the Quality Community Demonstration Program contract between the Town of Schodack and Camoin Associates to increase budget for meetings by Two Thousand Dollars ($2,000) as agreed to and stipulated by the New York State Department of State and to authorize Supervisor Secor to execute the amended contract between the Town and Camoin Associates.

WHEREAS, on February 10, 2005, the Schodack Town Board approved by resolution (2005-084) the Volunteer Ambulance Workers Service Award Program List of all 2004 active Volunteer Ambulance Workers of the Castleton Volunteer Ambulance Services, Inc., and

WHEREAS, the list was forwarded to authorized representatives of the Castleton Volunteer Ambulance Services, Inc. and they posted the list for thirty (30) days as required by law and

WHEREAS, they have certified on April 1, 2005 changes were made to the listing and they provided a detailed explanation which did not change the number of volunteers receiving the award, but only the number of accrued points for Chris Adams and William Dikant,

NOW, THEREFORE, BE IT RESOLVED, that the Schodack Town Board authorizes Supervisor Secor to certify to PENFLEX, Inc., that the listing as submitted and posted should be used to determine the funding requirements of the Service Award Programs (SAP), the eligibility of persons to be paid benefits and the amount of benefits to be paid to such persons.

Congratulation to Kiwanis International for ninety years (90) of dedicated community service worldwide and reduce the fee to $25 for use of the Town Park by Castleton Kiwanis for the celebration of Kiwanis International's 90th Birthday on May 13, 2005.

Authorize Supervisor Secor to execute applications for funding of two projects in the Drinking Water State Revolving Fund (DWSRF) to be submitted to the Bureau of Public Water Supply, New York State Department of Health.

WHEREAS, the Town Board of the Town of Schodack received seven (7) bids for the 25-Kilowatt Liquid-Cooled, Liquid Propane Generator at the Police Station and

WHEREAS, the bids are as follows: Ambrose Electric in the amount of $23,200; Power Survey and Control in the amount of $25,586; Stilsing Electric, Inc. in the amount of $29,878; Coyne Electric, Inc. in the amount of $32,250; Brunswick Electric, Inc. in the amount of $36,966 plus $1,500 per addition computer if UPS required; Arcon Construction and Management Services in the amount of $37,450; and FPI Electrical, Inc. in the amount of $38,900

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 Ambrose Electric in the amount of $23,200.

Appoint Ryan VanAmburgh and Jason Laurenzo as part-time police officers effective April 16, 2005 at hourly rate set forth in 2005 adopted budget.

Authorize Supervisor Secor to execute contract with Joseph Bove of Evergreen Country Club for use of swimming pool facility for Summer Recreation Program from July 11 to August 5, 2005 for the Schodack Youth and Recreation Department at the cost of $5,000, which shall be payable after the program is completed August 5, 2005.

Approve fees for Summer Day Camp Recreation program: Full day session consisting of four weeks $50 per child with maximum of $125 per family; one-hour afternoon enrichment sessions $15 per session, per child with maximum of $125 per family.

Authorize payment of $860 annually for a three-year policy for crime and employee faithful performance of duty bonds provided by Utica Mutual Insurance Company.

Approve the following applications under Town Code § 147-5 and authorize the Town Clerk to issue the trailer renewals:

NAMENUMBER OF UNITS
Anniello, Joseph1
Baries, Frederick6
Gregory, Larry9
(Rainbow Trailer Park)
Mann, Carol1
Petrillo, Vivien1
Saville, Rita1
Cedar Acres-Garden Homes Mgmt. Corp21
Miller, Sue2
Miller, Ed 3

WHEREAS, pursuant to the requirement of the New York State Alcoholic Beverage Control (ABC) Law, an applicant for a license to sell alcoholic beverages at retail, for on-premises consumption, as well as any applicant for renewal of such a license, must notify the Town Clerk of the municipality wherein the premises are located, and

WHEREAS, the notice is given in order that the municipality, if it so desires, may express an opinion for or against the granting of said license or renewal to the ABC Board,

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack, that with respect to the application submitted by Michael J. Wagner for Scarnato's Ristorante of Schodack, New York for a license to sell alcoholic beverages at retail for on premises consumption, the Schodack Town Board does express a favorable opinion.

BE IT FURTHER RESOLVED, that the Town Clerk is authorized to advise the State Liquor Authority that the Town of Schodack has no objection to the application of Michael J. Wagner for a liquor license at Scarnato's Ristorante and, therefore, does not object to a waiver of the 30-day notice pursuant to ABC Law §64(2)(a).

Authorize Diane Hutchinson, Historian to attend Association of Public Historians of New York State 2005 Spring Conference in Amsterdam, New York May 1-3, 2005 at a cost of $38 plus appropriate expense to be borne by the Town.

Authorize Supervisor Secor to execute agreement with CSX Transportation for services and accommodations to be provided during Knickerbocker Road Bridge removal project, subject to and together with an amended payment schedule E annexed to proposal dated March 21, 2005.

Authorize Gary Ziegler, Building Inspector to attend New York State Building Official Conference educational training seminar on Accessibility to Existing Buildings and annual meeting on April 15, 2005 at the Western Turnpike Golf Course Clubhouse in Guilderland, New York at a cost of $50 per person which includes lunch.

Authorize Diane Hutchinson, Historian to attend APHNYS Region V Training Conference May 14, 2005 at the Old Fort House Museum Fort Edward, New York at a cost of $12.50 which includes lunch plus appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to prepare and execute a Quit Claim Deed in accordance with Section 212-a in the Highway Law for abandoned property/paper road portion of Overlook Drive South to Anthony Lopresti residing at 13 Overlook Drive South.

WITHDRAWN: For many years the South Schodack Fire Company has worked cooperatively with the Town of Schodack to assure our taxpayers are not unnecessarily burdened. Therefore, the Town of Schodack wishes to formally acknowledge it will accept scrap refrigerators and other materials as specified in a handwritten list resulting from their spring clean up, that are not taken by the Fire Company's commercial waste hauler at the Transfer Station without charge.

Authorize Clough Harbour to conduct annual monitoring of the wells stipulated during closure of the landfill as set forth in 2005 adopted budget.

Pursuant to Section 80-9, Mass Assemblies, the Town Board hereby resolves that the permit fee for 2005 shall be $150 per application and/or event.

Pursuant to Chapter 80-4 of the Code of the Town of Schodack, the Schodack Town Board hereby resolves to grant a Mass Assembly permit for Schodack Landing Volunteer Fire Company Inc. 50th year anniversary to be held August 4, 5 and 6, 2005 on their premises, pursuant to the written application submitted by Schodack Landing Volunteer Fire Company Inc. except that Schodack Landing Volunteer Fire Company Inc. must comply with all offsite parking provisions of the Code and any other requirements, if any , of State, county and other municipalities, and provided that the applicant be given notice that this approval is solely from the Town of Schodack and does not constitute approval by any other approving authority or governing agency. Town Board will waive permit fee and extends congratulations to the company.

Amend Resolution 2005-117 to authorize the selection and acceptance of New York Municipal Insurance Reciprocal (NYMIR) for inland marine, law enforcement and public officials insurance coverage effective April 1, 2005 for the total premium of $133,144.99 for a one million dollar coverage ($1,000,000) liability coverage with two million dollars ($2,000,000) additional umbrella. The total premium is $134,484.99.

Authorize Supervisor Secor to execute contract with J. Kenneth Fraser and Associates, PE, LS, LA, P.C. for Final Design including mapping of a new 14-bay Highway Garage in an amount not to exceed $126,000 as set forth in task orders a, b, and c dated April 14, 2005.

Authorize Supervisor Secor to execute contract with Soil and Material Testing, Inc. (SMT) for soil boring and probing along proposed water line along US Route 20 and on Highway Garage Property as per payment schedule set forth in proposal dated April 8, 2005.

WHEREAS, as inspection was performed by Jeffrey Conlin, Building Inspector, and Nadine Fuda, Zoning Officer on April 13, 2005, at 8:30 a.m. at the request of the Schodack Police Department and federal agents, and said inspection having resulted in the discovery of severe structural problems as well as several safety issues including the following: (a) sagging floors; (b) falling ceilings; (c) foundation collapse in the rear of the structure; (d) residence filled with junk, trash and other clutter; (e) blocked egress; (f) improperly installed woodstove; (g) portable heater improperly maintained and located; (h) certain wall sections were open to the outside; (i) absence of smoke detectors; (j) exposed sewer pipe; (k) yard and means of exit blocked with vehicles and parts of vehicles;

WHEREAS, Building Inspector, Jeffrey Conlin, upon inspecting the premises, determined that this structure is dangerous and unsafe to the lives, health, and safety of the people of the Town of Schodack and unfit for human occupancy pursuant to the New York State Building Code, Chapter 1, Section 115, page 4: Unsafe Structures and Equipment; Sections 108 and 109 of the New York State Property Maintenance Code; and Section 110 of the New York State Fire Code; Schodack Town Code §99.

WHEREAS, the Town Board finds, based upon the Building Inspector's report, that the condition of the building at 76 Washington Avenue (Tax Map 202.13-1-17) poses a threat to the health and public safety of the residents of the Town of Schodack;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and the Board hereby directs the following

BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized and directed to file a certified copy of this resolution in duplicate, in the office of the Department of State, at Albany, New York.

Now, therefore, be it resolved to approve a certain option agreement (the "Option Agreement") between the Town of Schodack and Robert and Mary Dudley of 545 River Road, Schodack Landing, New York, 12156, which Option Agreement pertains to the purchase of a portion of Tax Map Number 225.1-1-11 (also referred to as Parcel No. N.Y. M 200-236 (500-0600-96-4 as prepared by Hoffman Engineers on May 3, 1978) shown in the attached Exhibit A at a price of Thirty Thousand Dollars ($30,000.00) and with an initial deposit of Five Hundred Dollars ($500.00) upon the terms and conditions set forth in said Option Contract.

Authorize Jan Spring, Operator and Angelo DeFrancesco, Chief Operator, to attend New York Rural Water Association's Technical Conference, May 2 through May 4 in Saratoga Springs at a cost of $495 each with appropriate expense to borne by the Town.

Authorize Dawne M. Kelly, Laura Palmer and Diane LeBrecht, Water Department clerks to attend a one-day New York Rural Water Association's Technical Conference titled Dealing with Water Rates and Legal Issue on May 3, 2005 at Saratoga Springs at a cost of $50 per person with appropriate expenses to be borne by the Town.

Authorize Angelo DeFrancesco to purchase a Simplicity 2005 Utility Vehicle $5,889 with a 1500-watt generator and built-in Front mount winch factory installed for $654 for total cost not to exceed $6,543 for use in the park to maintain trails, remove brush and debris, and enhance park security.

Authorize the selection and acceptance of New York Municipal Insurance Reciprocal (NYMIR) for inland marine, law enforcement and public officials insurance coverage effective April 1, 2005 for the total premium of $133,144.99 for a one million dollar coverage ($1,000,000) liability coverage with two million dollar ($2,000,000) additional umbrella.

WITHDRAWN: WHEREAS, requests have been submitted to the Town Board of the Town of Schodack to amend the zoning map relative to approximately 4.9 acres of land located on the easterly side of Route 9 & 20, to change the zone designation from Residential Multi-Family District (RMF) to Highway Commercial District (HC) by extending the existing Highway Commercial District (HC); and

WHEREAS, a short environmental assessment form ("SEAF") was submitted to, and has been reviewed by the Town Board in connection with such requests; and

WHEREAS, the Town Board has considered all of the comments (written and oral) received during the public hearing and the information and analysis contained in the SEAF;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board, based upon the record before it, including, without limitation, the completed SEAF and the comments (both written and oral) received during the public hearing and the knowledge of the Town Board of the affected area and the community, determines that the adverse environmental impacts identified in the SEAF will not be significant and the Town Board will not require the preparation of an Environmental Impact Statement with respect to the proposed amendment of the zoning map relative to extending the existing Highway Commercial District (HC); and

Authorize Bruce Goodall, Director of Transfer Station, to purchase blocks for retaining wall in an amount not to exceed $2,700.

WHEREAS, pursuant to 6 NYCRR Part 617 - State Environmental Quality Review (SEQR), we find that the Town's proposed construction of approximately 20,000 feet of water main, connecting its supply wells along NYS Route 150 to users near the Town Highway Garage on US Route 20, and the construction of a new Highway Garage, are Unlisted Actions, conforming to Section 617.6 of the SEQR Regulations.

NOW, THEREFORE, BE IT RESOLVED that the Schodack Town Board proposes to act as Lead Agency and conduct coordinated reviews of these projects.

BE IT FURTHER RESOLVED that the Town Board will prepare Environmental Assessment Forms and formally notify other Involved Agencies of the reviews and its intention to act as Lead Agency.

Authorize Gary Ziegler, Building Inspector, Jeffrey Conlin, Building Inspector, Nadine Fuda, Zoning Officer, Ken Holmes, Highway Superintendent, and Angelo DeFrancesco, Water/Sewer Manager, to attend a one-day Erosion and Sediment Control Workshop for Construction Activities on Tuesday, April 5, 2005 at the Brunswick Family Community Center in Troy, New York at a cost of $5 per person for lunch, with appropriate expenses to be borne by the Town.

Authorize Hiscock & Barclay to commence an action in Supreme Court to enforce zoning code at 62 Washington Avenue, Town of Schodack, Tax Map Number 202.13-1-76 and to act as the Town's agent to FOIL all appropriate documents from NYSDEC.

Authorize Director of Human Resources to advertise to fill the full-time position of Justice Court Clerk.

Resolved that the Town alters and amends the boundaries of election district two(2) and election district seven (7) as designated by the map dated February 28, 2005 and bounded as follows:

Further the Town Clerk is hereby directed to file the map, physical boundary description with the Rensselaer County Board of Elections.

Resolved that the Town alters and amends the boundaries of election district two(2) and election district seven (7) as designated by the map dated February 28, 2005 and bounded as follows

Further the Town Clerk is hereby directed to file the map, physical boundary description with the Rensselaer County Board of Elections.

Authorize reimbursement to Denise Mayrer, Planning Board Member, for expenses relative to attending Associations of Towns.

Authorize Supervisor Secor to execute Memorandum of Understanding for 2005 for Activities for NYS DEC Regulated Waterways with New York State Department of Environmental Conservation.

Authorize Supervisor Secor to execute Selective Traffic Enforcement Program (STEP) for 2005.

ED 1Love Lutheran Church
ED 2Schodack Landing Fire House
ED 3Emmanuel Reformed Church
ED 4East Schodack Fire House
ED 5Castleton Elementary School
ED 6Edward Swartz Southern Tier Senior Center
ED 7South Schodack Fire House
ED 8Edward Swartz Southern Tier Senior Center
ED 9East Schodack Fire House
ED 10Castleton Elementary School

Authorize the Town Clerk to publish legal notice for a public hearing for Thursday, March 24, 2005 at 7 pm. at the Schodack Town Hall, 1777 Columbia Turnpike. This will be the first of two required public hearings related to its upcoming grant application to the Governor's Office for Small Cities requesting up to $400,000 in grant funds to improve upon the Town's infrastructure. The focus of this public hearing will be to discuss the guidelines, regulations and requirements of the Small Cities program..

Authorize the Town Clerk to publish legal notice for a public hearing for Monday, March 28, 2005 at 7:00 pm. at the Schodack Town Hall, 1777 Columbia Turnpike for the second public hearing related to its upcoming grant application to the Governor's Office for Small Cities requesting up to $400,000 in grant funds to improve upon the Town's infrastructure. The focus of this public hearing will be on the specific application components and requirements, budget estimates, and implementation procedures.

Authorize submission of Justice Court Assistance Program Grant Application by Justices Wagner and Peter for laptop computer in the amount of $1250.

Authorize Town Clerk to publish legal notice of bid for 25 Kilowatt liquid propane generator & Propane tank for the Police Department. Bids to be opened in the office of the Town Clerk on April 5, 2005 at 10 a.m.

Approve the following applications under Town Code §147-5 and authorize the Town Clerk to issue the trailer renewals:

NAMENUMBER OF UNITS
Brehm, Paul & Heather2
Davis III, John H.1
Maier, Anthony1
Souder, Harvey1

WHEREAS, this notice is given in order that the municipality, if it so desires, may express an opinion for or against the granting of said license or renewal to the ABC Board,

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack, that with respect to the renewal application submitted by "My Place & Company," Rts. 9 & 20, Schodack, New York for a license to sell alcoholic beverages at retail for on premises consumption, the Schodack Town Board does express a favorable opinion.

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 March 10, 2005 at 7:30 p.m. at the Schodack Town Hall to hear all interested parties on proposed Local Law 3 of 2005 (P3-05), entitled "A Local Law imposing a two hundred seventy 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 February 17, 2005 and advertised in the February 22, 2005 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on March 10, 2005, at 7:30 p.m. at the 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, 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. 3 of 2005 (P3-05) to be known as Local Law No. 4 of 2005 entitled "A Local Law imposing a two-hundred seventy day moratorium on acceptable of adult use and adult and adult entertainment applications and approvals by the Town of Schodack, New York" and

Authorize Town Clerk to publish legal notice of Public Hearing to seek public comment on Proposed Local Law Number 4 of 2005 to amend the "Zoning Map of the Town of Schodack" to extend a portion of the Highway Commercial District on the easterly side of Columbia Turnpike (Route 9 & 20) to be held on Monday, March 28, 2005 at the Schodack Town Hall at 7:30 p.m.

Authorize Supervisor Secor to seek an extension of agreement # C039940 Quality Communities Demonstration Project expiring on March 31, 2005 to be extended to March 31, 2006.

WHEREAS, the residents of the Town of Schodack have collectively considered the local issues of greatest concern to them and identified high property taxes as one of the highest priority among them; and

WHEREAS, funding for local governmental services, including public education, is provided primarily through a tax on the estimated value of property; and

WHEREAS, the welfare of Town of Schodack homeowners is jeopardized by the rapid increase in the costs of public education and the inability of many homeowners to pay these increased costs; and

WHEREAS, the increasing burden of public education on taxpayers also impacts on the ability to raise other taxes to provide services and to fund Town-specific and local initiatives important to the well-being of the community.

THEREFORE, the Town Board of the Town of Schodack appeals to New York State public officials to implement new measures for financing public education, including the following suggested actions:

BE IT FURTHER RESOLVED that the following recommendations be submitted to New York State Senator Joseph Bruno, New York State Assemblyman Pat Casale and Assembly Speaker Sheldon Silver, and Governor George Pataki, with a letter on behalf of the citizens of the Town of Schodack urging their immediate attention.

Authorize Supervisor Secor to execute grant application for Governor's Office for Small Cities, to be prepared by F. Steven Kirk, President of D.B.S. Planning Consultants, Inc. in order to partially fund a waste water treatment system for the Hamlet of Schodack Landing.

Appoint David Calarco to fill the unexpired term of John Pyrzenski as a member of the Zoning Board of Appeals at salary set forth in the Year 2005 adopted budget. Term to expire December 31, 2008.

All civil service requirements having been met for the position of Police Lieutenant, the Town hereby appoints Joseph J. Belardo to the position of Police Lieutenant effective February 16, 2005.

To request New York State Department of Transportation to conduct traffic study relative to the intersection of County Route 6 and New York State 150 for redesign and/or installation of Traffic Signal.

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 January 24, 2005 at 7 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law Number 1 of 2005 to amend the Zoning Map of the Town of Schodack at the Chapter 219, Zoning, Article XII, Section 219-93, Paragraph E of the Code of the Town of Schodack relating to Planned Developments, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on January 11, 2005 and advertised in the January 12, 2005 edition of THE RECORD, official newspaper of the Town, and was posted on the official sign board of the Town of Schodack on January 11, 2005, and

WHEREAS, said public hearing was held on January 24, 2005 at 7 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, 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 Number 1 of 2005 (P1-2005) to be known as Local Law 1 of 2005 to amend Chapter 219, Zoning, Article XII, Section 219-93, Paragraph E of the Code of the Town of Schodack relating to Planned Development, and

WHEREAS, requests have been submitted to the Town Board of the Town of Schodack to rezone approximately 63.6 acres of land located on the easterly side of Route 9 from Agricultural Residential District (RA) to Highway Commercial District (HC) by extending the existing Highway Commercial District boundary line; and

WHEREAS, the Town Board has determined to act as "Lead Agency" with respect to such requests pursuant to the New York State Environmental Quality Review Act and the regulations issued pursuant thereto (collectively, "SEQRA"); and

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 January 24, 2005 to hear all interested parties on proposed Local Law Number 2 of 2005 to amend Local Law Number 4 of the year 1986 and Local Law Number 2 of the year 1988 to so extend the Highway Commercial District; and

WHEREAS, such public hearing was duly held on such date and was held open for the submission of written comments until January 31, 2005; and

WHEREAS, a full environmental assessment form ("EAF") was submitted to, and has been reviewed by, the Town Board in connection with such requests; and

WHEREAS, the Town Board has considered all of the comments (written and oral) received during the public hearing and the information and analysis contained in the EAF;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board, based upon the record before it, including, without limitation, the completed EAF and the comments (both written and oral) received during the public hearing and the knowledge of the Town Board of the affected area and the community, determines that the adverse environmental impacts identified in the EAF will not be significant and that the Town Board will not require the preparation of an Environmental Impact Statement with respect to the proposed rezoning; and

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 January 24, 2005 at 7:30 p.m. at the Schodack Town Hall to hear all interested parties on proposed Local Law Number 2 of 2005 to amend Local Law Number 4 of the year 1986 and Local Law Number 2 of the year 1988 to provide that the Zoning Map shall be amended to extend the Highway Commercial District, and

WHEREAS, said public hearing was held on January 24, 2005 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 or 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,

BE IT FURTHER RESOLVED, that the Town Board of the Town of Schodack, after due deliberation, finds that the proposed amendment is in conformity with the Town's Comprehensive Plan for the following reasons:

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby adopts Proposed Local Law Number 2 of 2005 (P2-2005) to be known as Local Law 2 of 2005 to amend Local Law Number 4 of the year 1986 and Local Law Number 2 of the year 1988 to provide that the Zoning Map shall be amended to extend the Highway Commercial District, and

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 December 28, 2004 at 8 p.m. and continued on January 13, 2005 at 8 p.m. at the Schodack Town hall to hear all interested parties on proposed Local Law Number 8 of 2004 to amend the Zoning Map of the Town of Schodack at the intersection of County Route 6 and State Route 150, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's Sign Board on December 10, 2004 and advertised in the December 14, 2004 edition of THE RECORD, and the December 17, 2004 edition of THE ADVERTISER, official newspaper of the Town, and was posted on the official sign board of the Town of Schodack on December 10, 2004, and

WHEREAS, said public hearing was held on December 28, 2004, at 8 p.m. and continued on January 13, 2005, at 8 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, 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 Number 8 of 2004 (P8-2004) to be known as Local Law 3 of 2005 to amend the Zoning Map of the Town of Schodack at the intersection of County Route 6 and State Route 150, and

Authorize Alice Platt, Comptroller to attend NYS GFOA Annual Conference April 6-8, 2005 in Albany, New York. Cost is $140. All appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute agreement on behalf of the Town of Schodack with the Rensselaer County STOP DWI program for the calendar year 2005.

Authorize Supervisor Secor to sign appraisal contract with Upstate Appraisal Services to appraise tax map # 210-7-31.3, for an expenditure not to exceed $3,300.

Pursuant to Section 406 (3) of the Real Property Tax Law, declare an exemption for real property owned by the Village of Castleton-on-Hudson {Tax Map Numbers 199.-5-1, 199.-7-13, 209.-9-1, 209.-9-2, 209.-9-3. 210.-1-1. 210/-3-1} which properties are utilized for water treatment plant, water shed, and/or reservoir including necessary connections and appurtenances.

To appoint the following individuals to the Zoning Advisory Committee to continue a review of zoning and related issues:

Amend Resolution 2004-456 to include the following revision and/or clarification of fee for the Town Park

Authorize Lois Ciccolella, Deputy Clerk to attend National Notary Association Seminar, March 2, 2005 in Albany, New York. Cost is $144. All appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute an amendment to the agreement on behalf of the Town of Schodack and the State of New York Governor's Traffic Safety Committee Buckle Up New York campaign effective October 1, 2004 through September 30, 2005.

WITHDRAWN (pending review of New York State Agriculture and Market) Authorize Town Clerk to publish legal notice of Public Hearing to seek comment on Proposed Local Law 4 of 2005 relative to "Right to Farm" with a hearing to be held on ____________ at 7 p.m. at the Schodack Town Hall.

Authorize Jeffrey J. Conlin and Gary Ziegler, Building Inspectors, to attend Seminar relative to Storm Water for Code Officials at the Clarion Hotel in Albany, New York. Cost is $50 per inspector. All appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute contracts with Village of Castleton-on-Hudson, Castleton Fire Company, Village of Nassau, Nassau Fire Department and the Board of Commissioners of the East Schodack Fire District for provision of fire and emergency services in each of the respective fire protection districts.

Authorize Supervisor Secor to execute contract extension for services to assist the Planning Board and the Town for 2005 with Laberge Group with hourly rates for 2005 per Addendum No. 1 as follows: Principal/Project manager $129, Project Engineer $88, Assistant Engineer $67, and Administrative Assistant $46.

Authorize Supervisor Secor to execute a letter of termination with Nextel Partners of Upstate New York for the Cell Tower Removal Bond No. K06903770 in the amount of $7,500 (Beagle Club Road). Said bond has been replaced by Bond No. 017014027 in the amount of $7,500 by Shared Tower Sites, LLC.

Approve the following applications under Town Code § 147-5 and authorize the Town Clerk to issue the trailer renewals:

Authorize Donna Conlin, Town Clerk, and Karen Vecchione, Deputy Clerk, to attend the annual New York State Town Clerk's Association Conference in Buffalo, New York to be held on April 17-20, 2005 with the total conference cost for attendees at approximately $500 each inclusive of registration, meals, lodging and transportation. Said expenditure was approved per the 2005 adopted Town budget.

The Town Board of the Town of Schodack hereby approves the list of the Volunteer Ambulance Workers Service Award Program for all 2004 active Volunteer Ambulance Workers of the Castleton Volunteer Ambulance Service as submitted.

Authorize Town Clerk to publish legal notice of Public Hearing to seek public comment on Proposed Local Law Number 5 of 2005 relative to imposing two hundred seventy day moratorium on acceptance of adult use and adult entertainment applications and approvals by the Town of Schodack, New York. Said hearing to be held on March 10, 2005 at the Schodack Town Hall at 7:30 p.m.

Authorize Supervisor Secor to execute agreement with Camoin Associates, et al., for the Route 9 Corridor Strategic Development Plan in an amount not to exceed $47,000.

Authorize Supervisor Secor to execute agreement with J. Kenneth Fraser and Associates for preliminary design of the highway garage in an amount not to exceed $25,000.

Authorize the New York State Department of Transportation to acquire an irregular shaped, 2,245+/- square feet parcel located along the property's right of way for 138 feet, 26 feet deep adjacent to State Route 150 for the fee of Two Hundred Dollars ($200). The parcel is more particularly bounded and described as referenced on Map 22 as Parcel 32, PIN 1057.14.201, SH 1874. Additionally, authorize Supervisor Secor to execute on behalf of the Town of Schodack the Agreement of Adjustment and Release of Owner, together with all other necessary documents for transfer of Town interest in said parcel and to acquire the Two Hundred Dollar ($200) appropriation.

Authorize the Receiver of Taxes to pay Business Automation Services Inc., $2,250 to commence installation of the Tax collection system as approved in the 2005 adopted budget with the Annual Training & Installation, annual support and maintenance fee and RPS Tax file processing fees to be paid for by Real Property Tax Services of Rensselaer County.

Authorize Comptroller to purchase fund accounting municipal software from JMT Consulting for the MIP NPS PRO in the amount of $15,194.38 pursuant to proposal.

All civil service requirements having been met for the position of Police Sergeant, the Town hereby appoints Brian Rossiter to the position of Police Sergeant effective February 16, 2005.

Now, Therefore, Be It Resolved that the Town Board does hereby appoint Frank Curtis to serve as Councilman effective immediately.

NOW, THEREFORE, BE IT KNOWN THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY RESOLVE:

Appoint Patricia Loomis as Senior Court Clerk to Justice Court at salary set forth in the Year 2005 adopted budget.

Authorize the Supervisor to issue a bond anticipation note in the amount of $342,943.25 dated January 28, 2005 as renewals for (a) Castleton sewer district #1 as follows: $5,200 for extension of the sewer line to the north side of Maple Hill road and $12,650.25 for the payment to the village of Castleton-on-Hudson for the un-reimbursed capital cost of construction of the sewage treatment plant, (b) two Ford F-550 trucks in the amount of $46,293.00 and one 2002 IHC roll-off truck for the Transfer Station in the amount of $58,800.00 and (c) the Police Station in the amount of $220,000.

NAME		NUMBER OF UNITS
Beberwyck, John		1
Beberwyck, Mary Ann	1
Buck, Clemens J. (Leavenworth Trailer Park)	17
Clow, Robert	1
Cummings, Katherine	1
Field, George	1
Freeman, Russell	1
Gaylord, Donald	1
Keller, Wm. J. Realty	1
King, Joseph	1
Ovanikow, Margaret	1
Rapin, John	1
Skarzynski, Kim & Jerry	1

WHEREAS, the Town Board of the Town of Schodack (the "Town") has heretofore at a meeting held February 11, 1993 duly adopted a resolution authorizing the issuance of serial general obligation bonds not to exceed $29,000 (the "Sewer Extension Bonds") to finance the cost of a sewer extension for Maple Hill Road, Sewer District #1; and

WHEREAS, the Town Board of the Town has heretofore at a meeting held April 8, 1993 duly adopted a resolution authorizing the issuance of serial general obligation bonds not to exceed $52,617.00 (the "Sewage Treatment Plant Bonds") to finance Sewer District One's share of the un-reimbursed capital cost of the sewage treatment facility owned by the Village of Castleton-on-the-Hudson; and

WHEREAS, the Town Board of the Town has heretofore at a meeting held January 27, 2003 duly adopted a resolution authorizing the issuance of serial general obligation bonds not to exceed $77,155 (the "Truck Bonds") to finance the cost of acquisition of various trucks and related equipment, including a 2003 Ford F-550 crew cab and a 2003 Ford F-550 standard cab; and

WHEREAS, the Town Board of the Town has heretofore at a meeting held January 28, 2003 duly adopted a resolution authorizing the issuance of serial general obligation bonds not to exceed $98,000 (the "Roll-Off Truck Bonds") to finance the cost of acquisition of a 2002 IHC 7600 Series roll-off truck and related equipment; and

WHEREAS, the Town Board of the Town has heretofore at a meeting held January 27, 2003, duly adopted a resolution authorizing the issuance of serial general obligation bonds not to exceed $275,000 (the "Police Station Bonds") to finance the cost of a acquisition of real property and the reconstruction thereof; and

WHEREAS, there are presently outstanding $164,791 in the aggregate of Bond Anticipation Notes which had been issued on January 30, 2004 and which mature on January 28, 2005 (the "Outstanding Notes") in anticipation of the Sewer Extension Bonds, Sewage Treatment Plant Bonds, Truck Bonds, and Roll-Off Truck Bonds; and

WHEREAS, there are presently outstanding $220,000 of Bond Anticipation Notes which had been issued on April 1, 2004 (the "Outstanding Notes") and which mature on April 1, 2005 in anticipation of the Police Station Bonds;

Section 1. The Town is hereby authorized to issue Bond Anticipation Notes, 2005 (Renewal Issue) in the aggregate principal amount of $342,943.25 (the "Notes") in anticipation of the issuance of the Sewer Extension Bonds ($7,800), the Sewage Treatment Plant Bonds ($16,867), the Truck Bonds ($61,724), the Roll-Off Truck Bonds ($78,400), and the Police Station Bonds ($275,000).

Section 2. (a) The Outstanding Sewer Extension Notes were the twelfth in a series of notes issued in anticipation of the Sewer Extension Bonds. The first notes issued in anticipation of the Sewer Extension Bonds were issued on February 12, 1993.

(b) The Outstanding Sewage Treatment Plant Notes were the twelfth in a series of notes issued in anticipation of the Sewage Treatment Plant Bonds. The first notes issued in anticipation of the Sewage Treatment Plant Bonds were issued on April 10, 1993.

(c) The Outstanding Truck Notes were the second in a series of notes issued in anticipation of the Truck Bonds. The first notes issued in anticipation of the Truck Bonds were issued on January 31, 2003.

(d) The Outstanding Roll-Off Truck Notes were the second in a series of notes issued in anticipation of the Roll-Off Truck Bonds. The first notes issued in anticipation of the Roll-Off Truck Bonds were issued on January 31, 2003.

(e) The Outstanding Police Station Notes were the second in a series of notes issued in anticipation of the Police Station Bonds. The first notes issued in anticipation of the Police Station Bonds were issued on April 1, 2003.

The Outstanding Notes will be repaid with proceeds of the Notes and other currently available funds. The Sewer Extension Notes and the Sewage Treatment Plant Notes are issued in anticipation of bonds for an assessable improvement.

Section 3. The Notes shall be sold at an aggregate price of $342,943.25. The Notes shall be dated January 28, 2005, shall mature January 27, 2006. Subject to the provisions of this Resolution and the Local Finance Law, the power to further authorize the issuance of the Notes (including renewals thereof), and to prescribe the terms, form and contents on the Notes, including the consolidation with other issues and the use of substantially level or declining debt service in accordance with the provisions of Section 21 of the Local Finance Law, and to sell and deliver the Notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer. The Supervisor of the Town is hereby authorized to sign and the Town Clerk is hereby authorized to attest the Notes issued pursuant to this Resolution, and the Town Clerk is hereby authorized to affix to such Notes the corporate seal of the Town.

Section 4. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on the Notes as the same respectively become due and payable. The Notes shall be paid from proceeds of the Bonds, the issuance of renewal notes or other currently available funds.

Authorize the following individuals for appointment to the Winter Youth Recreation Program, as recommended by the Director of Youth and Recreation:

Authorize Gary L. Ziegler, Building Inspector, to attend the Adirondack Code Enforcement Officials Educational Conference, February 28 through March 3, 2005 in Lake Placid, New York. Cost is $240. Lodging and other appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute agreement with Upstate Appraisal Services relative to {Tax Map Nos. 178.-9-1, 178.-15-5.1, 178.-15-5.2} in an amount not to exceed $1,300.

Authorize Sharon Martin to attend a continuing education course for Mobile Home Park Valuation, February 4, 2005, The Institute of Assessing Officers Affiliated with the NYS Assessor's Association in Albany, New York. Cost is $85. All appropriate expenses to be borne by the Town. 2005-046) Authorize Sharon Martin to attend a continuing education course National USPAP, March 24 and 25, 2005, Manfred Real Estate Learning Center in Albany, New York. Cost is $275. All appropriate expenses to be borne by the Town.

Authorize the following individuals for appointment to the Parkland Committee: Angelo DeFrancesco, Ted Beblowski, Lee Chenette, Madison Chester, Jim Colloton, Marty Connor, Wendy DeFrancesco, Matthew Hayes, Albert Hoyt, John Hoyt, Robert Loveridge, Frank McKay, and Marilyn Michaels.

Authorize Supervisor Secor to execute agreements with Hartgen Archeological Associates, Inc., for Phase IA Literature Review and Sensitivity Assessment in an amount not to exceed $2,500 and Phase 1B Archeological Field Reconnaissance Proposals in an amount not to exceed $8,884.50 for Drinking Water State Revolving Fund (DWSRF).

Authorize Supervisor Secor to execute agreements with Hartgen Archeological Associates, Inc., for Phase IA for Literature Review and Sensitivity Assessment in an amount not to exceed $2,500 and for Phase IB Archeological Field Reconnaissance in an amount not to exceed $8,884.50 for the Highway Garage Area Water Supply. 2005-050) Authorize Town Clerk to publish legal notice of bid for 25 Kilowatt liquid propane generator for the Police Department. Bids to be opened in the office of the Town Clerk on February 1, 2005 at 10 a.m.

Amend Resolution 2005-009 to establish the mileage rate of 40.5 cents per mile for the calendar year of 2005

Appoint Ryan VanAmburgh as a part-time police officer for the Town of Schodack for the purpose of attending Zone 14 Police Academy and for completion of his training with the Town of Schodack Police Department.

Authorize Sherri Smith, Building Department Secretary and Dawne M. Kelly, Assistant to Supervisor to attend National Notary Association Seminar, March 2, 2005 in Albany New York. Cost is $144 each with appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute contract with Bette and Cring, LLC, for Knickerbocker Road Bridge reconstruction in an amount not to exceed $1,059,229 and set up Preconstruction Meeting.

Appoint Helen E. Lewis as part-time public relations officer for a salary set forth in Year 2005 adopted budget.

Authorize Supervisor Secor to execute documentation to effectuate the settlement of all claims for Cortie -v- Town of Schodack, in accordance with the terms, to waive the Town hook-up fee and authorize payment in the amount of $10,000 upon submission of waiver or applicable release.

NOW, THEREFORE, BE IT KNOWN THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY RESOLVE:

Regular meetings of the Town Board will generally, throughout the year 2005, be held at 7 p.m. on the second Thursday of each month, at the Schodack Town Hall at 1777 Columbia Turnpike unless otherwise duly noticed, as follows:

January 13 July 14
February 10 August 11
March 10 September 8
April 14 October 13
May 12 November 10
June 9 December 8

Workshop sessions to more thoroughly review water and sewer issues will generally be held at 7 p.m. on the fourth Monday of each month, at the Schodack Town Hall at 1777 Columbia Turnpike unless otherwise duly noticed as follows:

March 28 August 22
April 25 September 26
May 23 October 24
June 27 November 28
July 25 December - to be announced for year-end close of business

Appoint Carmela Tempel Affirmative Action Coordinator for the calendar year 2005.

Designate the following banks as depositories for all Town funds for the calendar year 2005: Key Bank, N.A., Bank of America (formerly Fleet Bank), Evergreen Bank, TrustCo Bank of New York, MBIA, M&T Bank.

Appoint William Dikant part-time Justice Court Officer for the calendar year 2005 at hourly rate set forth in the Year 2005 adopted budget.

Appoint Sue G. Miller as a member of the Zoning Board of Appeals at salary set forth in the Year 2005 adopted budget. Term to expire December 31, 2010.

Appoint Anthony Maier as Chairman of the Zoning Board of Appeals for the calendar year 2005.

Appoint Timothy Nugent, Esq., as Attorney for the Zoning Board of Appeals at salary set forth in the Year 2005 adopted budget.

Approve contracts and authorize Supervisor Secor to execute contracts with the Schodack-Castleton Public Library, East Greenbush Community Library, and Nassau Free Library as set forth in the Year 2005 adopted budget.

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 in accordance with Town regulations, 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.

WHEREAS, for reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5, §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.

Appoint Peter Goold as a member of the Planning Board at salary set forth in the Year 2005 adopted budget. Term to expire December 31, 2012.

Appoint Maria Santostefano as Director of Zoning and Planning at salary set forth in the Year 2005 adopted budget.

Town officials and/or personnel authorized by resolution of the Town Board to attend the Annual Meeting of the Association of Towns of New York State shall be reimbursed for expenses under Section 77-b of the General Municipal Law up to an amount of $1,000. Such amount will reimburse all lodging, transportation, meals, and registration expenses. Those so authorized may obtain an advance of expenses as provided in subsection 6 of Section 77-b. Receipts must be obtained for all applicable expenses.

Authorize Supervisor Secor and Planning Board Attorney Nugent to attend seminars for the Annual Meeting of the Association of Towns February 20-23, 2005 with appropriate expenses to be borne by the Town.

Authorize Supervisor Secor as the voting delegate, Town Clerk Conlin as the alternate for the Town of Schodack at the Annual Meeting of the Association of Towns.

Approve contracts and authorize Supervisor Secor to execute contracts with Castleton Volunteer Ambulance and Village of Nassau for provision of emergency medical services for 2005 at amounts budgeted in the Year 2005 adopted budget.

Appoint Gene Paul Martel as the Animal Control Officer for the calendar year 2005 pursuant to the Year 2005 adopted budget.

Pursuant to Chapter 32 Section 1 of the Code of the Town of Schodack, appoint Peter D. Schweigert, Douglas Isachsen, Gerard Bohley, Dale Goodall, Gary S. VanValkenburgh, Detective James Morgan and Sergeant Barry E. Secor to the Town of Schodack Fire Investigation Unit for the calendar year 2005.

Appoint Sheila Golden as Director of Youth and Recreation for the calendar year 2005 at salary set forth in the Year 2005 adopted budget.

Appoint Angelo DeFrancesco to the position of Water/Sewer Manager at annual salary set forth in the Year 2005 adopted budget.

Appoint Sharon Martin as Assistant to the Assessor at annual salary set forth in the Year 2005 adopted budget.

Pursuant to Town Law §103, Article 8 Supervisor Secor appoints Renee Bult as the Budget Officer for 2005 at salary set forth in the Year 2005 budget.

Authorize Town Clerk to publish legal notice of public hearing to seek public input relative to proposed local law 1 of the laws of 2005 to amend Section 219-93(E) of the Code of the Town of Schodack relating to Planned Developments. The hearing shall be held on Monday, January 24, at 7 p.m. at the Schodack Town Hall.

Authorize Town Clerk to publish legal notice to solicit bids for dump truck/sander combination pursuant to specifications prepared by the Superintendent of Highways. Bids to be opened on January 27, 2005 in the Office of the Town Clerk at 10 a.m.

Pursuant to Town Law § 150 (2), appoint Councilman Kenneth Stinner, Councilman K. Michael Ziegler and Richard Sleasman as members of the Board of Police Commissioners for a term to expire on December 31, 2005. The Board of Police Commissioners shall serve as liaisons to the Police Department and shall serve without compensation. The Board of Police Commissioners may recommend policy for the consideration of the Town Board. The Town Board acknowledges the terms and conditions of the collective bargaining agreement with the Schodack Police Benevolent Association and does not seek to controvert its terms and conditions.

Pursuant to Article III, §30 of the Town Law, the Receiver of Taxes hereby appoints Jane Drost as Deputy Tax Receiver at the hourly rate set forth in the Year 2005 adopted budget.

Full-time employees (non-union) shall be given the following holidays for the year 2005:

Appoint Diane Lebrecht as Secretary to the Superintendent of Highways at hourly rate set forth in the Year 2005 adopted budget.

Appoint Laura Palmer as Assistant to the Comptroller on a part-time basis at the hourly rate set forth in the Year 2005 adopted budget.

Appoint Roland Ferris, Brian Goetke and Patricia Zagraniczy as part-time data collectors on an as-needed basis at hourly rate set forth in the Year 2005 adopted budget.

Authorize Town Clerk to publish legal notice of public hearing to seek public input relative to proposed local law 2 of the laws of 2005 to provide that the Zoning map shall be amended to change the Highway Commercial District. The hearing shall be held on Monday, January 24, 2005 at 7:30 p.m., or at the conclusion of the hearing for proposed local law 1 the same evening, at the Schodack Town Hall.

Authorize Supervisor Secor to execute agreement with Upstate Appraisal Services relative to Pond View Medical Arts Building in an amount not to exceed $3,900, including court appearance.

As the post of Deputy Supervisor was created by the Town Board during 2002, pursuant to §42 of the Town Law, Supervisor Secor hereby appoints Kenneth W. Stinner, Councilman, as Deputy Supervisor.

Appoint Nadine Fuda as Zoning Enforcement Officer and Assistant to the Director of Planning and Zoning at annual salary set forth in the Year 2005 adopted budget.

Appoint Mandy Edwards and Anna Marie O'Neil Assistant Court Clerks at respective hourly rates set forth in Year 2005 adopted budget.

Appoint Sherri Smith as Secretary to the Building Department at salary set forth in the Year 2005 adopted budget.