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.

January February March April May June
July August September October November December

December

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

2005-484)

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.

2005-484)

Withdrawn: WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said Town on December 8, 2005 at 7:30 p.m.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.

2005-485)

Adopt the following annual salaries for the calendar year 2006

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

2005-486)

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.

2005-487)

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

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

2005-488)

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.

2005-489)

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:

"For those employees hired by the Town on or after January 1, 2001, the Town will pay 75% of the cost of individual coverage plus 50% of additional family or two-person coverage for the Plan approved by the Town Board for the relevant time period. Said employees shall be responsible for all amounts in excess of the Town's contribution."

2005-490)

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).

2005-491)

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.

2005-492)

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.

2005-493)

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.

2005-494)

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.

2005-495)

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

2005-496)

To amend Town of Schodack Personnel Policy and Procedure as follows:

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.

2005-497)

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.

2005-498)

Authorize payment of claims as submitted by the Comptroller.

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

2005-483)

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.

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 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:

Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commended within twenty days after the date of such publication, or
Such obligations are authorized in violation of the provisions of the Constitution of New York.

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.

Section 14. The resolution shall take effect immediately upon its adoption.

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

2005-468)

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.

2005-469)

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.

2005-470)

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.

2005-471)

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.

2005-472)

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,

2005-473)

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

2005-474)

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.

2005-475)

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.

2005-476)

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.

2005-477)

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.

2005-478)

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.

2005-479)

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.

2005-480)

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.

2005-481)

Authorize Budget transfers and amendments submitted by the Comptroller.

2005-482)

Authorize payments of claims as submitted by the Comptroller.

November

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

2005-450)

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.

2005-451)

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.

2005-452)

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.

2005-453)

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

2005-454)

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

WHEREAS, Ray has served his Town as a Town Board member, and

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.

2005-455)

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.

2005-456)

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.

2005-457)

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

2005-445)

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

2005-446)

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

2005-447)

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

2005-448)

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.

2005-449)

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.

2005-450)

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:

2005-428)

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, such notice was duly published and posted as required 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

RESOLVED AND DETERMINED that:

the notice of hearing was published and posted as required by law, and is otherwise sufficient;
the proposed water facilities are satisfactory and sufficient;
all property and property owners within Town of Schodack Water District No. 8 are benefited thereby;
all property and property owners benefited are included within the limits of proposed Town of Schodack Water District No. 8;
it is in the public interest to establish Town of Schodack Water District No. 8; and

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.

2005-429)

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.

2005-430)

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.

2005-431)

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.

2005-432)

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.

2005-433)

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.

2005-434)

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

2005-435)

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.

2005-436)

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.

2005-437)

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

2005-438)

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.

2005-439)

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.

2005-440)

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.

2005-441)

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.

2005-442)

Authorize Budget transfers and amendments submitted by the Comptroller.

2005-443)

Authorize payments of claims as submitted by the Comptroller.

October

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

2005-422)

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

2005-423)

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

2005-424)

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

2005-425)

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

2005-426)

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:

2005-390)

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

2005-391)

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 $ _________ .

2005-392)

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 $ _______ .

2005-393)

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 $ ______ .

2005-394)

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 $ ______ .

2005-395)

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].

2005-396)

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].

2005-397)

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.

2005-398)

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.

2005-399)

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.

2005-400)

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

2005-401)

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.

2005-402)

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.

2005-403)

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.

2005-404)

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.

2005-405)

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

2005-406)

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

2005-407)

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.

2005-408)

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.

2005-409)

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.

2005-410)

Authorize Supervisor Secor to execute easement agreement with Patricia Sweeney.

2005-411)

Authorize Budget transfers and amendments submitted by the Comptroller.

2005-412)

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 .

2005-413)

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 .

2005-414)

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.

September

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:

2005-344)

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

2005-345)

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.

2005-346)

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;

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

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.

2005-347)

Ratify and affirm amend Resolution 2005-329 to include Water District Number 4.

2005-348)

Ratify and affirm amend Resolution 2005-334 to include Sewer District Number 6.

2005-349)

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.

2005-350)

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.

2005-351)

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

2005-352)

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,

2005-353)

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.

2005-354)

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.

2005-355)

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.

2005-356)

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.

2005-357)

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.

2005-358)

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.

2005-359)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for public hearing to be held by said town on 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